Depositions for John Morrison, 20 Aug 1834, Sydney Trial  ¹ 

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In the fifth Year of the Reign of
Our Sovereign Lord William the Fourth,
by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
King, Defender of the Faith.

New South Wales
(TO WIT.)–         }

Be it Remembered, That John Kinchela, Esquire, Doctor of Laws, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the first Day of August in the Year of Our Lord One Thousand Eight Hundred and Thirty four at Sydney, in the Colony aforesaid, informs the said Court, that John Morrison [Morris] late of Sydney in the Colony of New South Wales, Labourer –
to wit on the thirteenth Day of July in the Year of Our Lord One Thousand Eight Hundred and Thirty-four with Force and Arms, at Sydney in the Colony aforesaid, in and upon one Samuel Rooney [see 1834, Samuel Rooney] feloniously did make an assault and then and there feloniously wickedly and against the order of nature had a venereal affair with the said Samuel Rooney and then and there feloniously did carnally know the said Samuel Rooney and then and there feloniously and against the order of nature with the said Samuel Rooney did commit and perpetrate the abominable crime of buggery – to the great displeasure of Almighty God, to the great scandal and

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disgrace of the human kind – against the form of the Statute in such case made and provided and against the peace of our said Lord the King his Crown and Dignity.
[Signed] John Kinchela, Attorney General

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[On reverse of the above (1-2) is the following]

58 Buggery
In the Supreme Court.
The King against John Morrison.
Information.
Witnesses: Samuel Rooney, John Mangan.
[Initialled] JK

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20th August 1834
Mr Justice Dowling and a Military Jury arraigned pleaded not guilty, adjudged not guilty
[Signed] George Rogers

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Justice J Dowling's Notebook  ²

141

Rex v. John Morrison
Buggery with one Samuel Rooney at Sydney on 13th July 1834
S.G.

    Samuel Rooney I am 16 yrs of age. I was tried at Horsemonger Lane. I was tried for stealing a till of money in Union Street in the Borough. 7 yrs. I am come from the gaol for a burning a stack of wheat at Bathurst, Geo. Coffee’s – Found guilty last Criminal Session. I got 12 months & 3 floggings. I know the prisoner. I became acquainted with him Sydney gaol about 3 months ago – I have slept in a boarded room. A (?) flogged me in the gallows yard – a room where people are put in for (?)

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gaol offences – The prisoner attempted on the 11th July he asked me for a lark. I had been in the habit of wetting the bed in which a man slept with me. This night that man was walking about the room (Mr Mc ? Hugh) when the prisoner came to me. There were 12 other men in the room. It was dark – about 11 as near as I can tell. He said “Give us a lark.” He came close to me & whispered “will you give us a lark” – I don’t know what he meant – Daniel Coffee & C. Kinshela came to me in the boarded room. They told me what it meant. I said “no” – I went to bed. This was light when he said that to me. In the afternoon. He came at 11 & I was asleep then. He did not wake me – about ½11 I felt him hurting me. He was larking. He

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was at my backside. He when I woke I felt him hurt me, & drawing something out of me. His privates. I said John what have you been about – He said “nothing” – I did not know what he was about. I did not tell him to do it. He said “Don’t make a noise or you’ll wake the people.” I did not. Another man named Poll (Paul ? PM?) Carter came & he would lay down – when I was there lying down. I was not strong enough to turn him away. I told him to go about his business. I did not ask anyone to turn him away, as they would only laugh at me. Morgan (?) was in the room. I did not know he was going

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to tell the gaoler – till Mr Weston called me out & asked me what that was them & Morrison were doing of nights. This was done on Friday & it was Sunday after that Mr Weston asked me about it. I was took into the cells & remained there since. He was doing it when I woke. Coffee came to me in the boarded room. Morrison came a month after – Poll (Paul ? PM ?) Carter put his privates between my legs – Coffee did it 11th July – I was in about a month after Coffee. I was shifted into the Gallows yard room – 11th July – It was 11 July it was done by Coffee. I was in the boarded room then after July. I was in the gallows yard about a week before the prisoner came to me. About a month

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I was taken before the JPs. I don’t know the months. This was done by Coffee 9 weeks after I was in the gaol. Morgan (?) told me it was the 11th July. I can’t say he entered my body or no – He woke me hurting me – I could not (?) I don’t know what he did it or no – He woke me by hurting with me. He was with me – 10 minutes – lying by the side of me after I woke. He pulled something out of me. I was asleep when he was hurting with me. He can’t say I can’t swear that his parts were in my body. He had hold of my body by his arms. He (I ?) don’t make a noise. I was laying with my face towards the wall with my back to him when he woke me – He let me go

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of my own accord. I asked him what he was doing. I did not cry out. I did not cry out.

Not guilty.

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The Sydney Gazette and New South Wales Advertiser, Thu 21 Aug 1834  ³ 

WEDNESDAY 20 AUGUST
(Before Mr Justice Dowling, and a Jury of Civil Military Officers.)

    John Morrison was indicted for an abominable offence, and acquitted. The witnesses in this, and the similarcase [Daniel Coffey] in the adjoining Court-room, was ordered to be prosecuted for wilful and corrupt perjury.

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The Australian, Fri 22 Aug 1834  ⁴  

Before Mr Justice Dowling, and a Military Jury

…
    John Morris was indicted for an abominable offence, and acquitted. The witness in this and the similar case in the other Court, was ordered to be prosecuted for wilful and corrupt perjury.

 

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¹     SRNSW: NRS880, [SC T38] Information No. 58, Supreme Court, Papers and depositions, 1834.

²     SRNSW: NRS5869, [2/3285], Judiciary, J Dowling, CJ. Notebooks Proceedings of the Supreme Court of NSW, 1828-44, pp. 141-6. Emphasis added.

³     The Sydney Gazette, Thu 21 Aug 1834, p. 2.

⁴     The Australian, Fri 22 Aug 1834, p. 3.

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