Evening News, Tue 30 Sep 1890 1
YESTERDAY’S COURTS.
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WATER.
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Wm McCulloch, 23, laborer, was charged with having committed a disgusting offence on William Daniel Jones, under threat of stabbing him with a penknife. After the evidence of Jones and a doctor had been taken, the prisoner was remanded for a week at the instance of Mr Carter Smith, who had only just been instructed to appear for the defence.
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Depositions for William McCulloch 8 Oct 1890 Sydney trial 2
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) William McCulloch |
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(c) Offence. |
(c) Sodomy |
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(d) Town. |
Water Police Office, (d) Sydney |
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3rd October, 1890 |
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Sir, |
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I have the honor, by direction of the Bench of Magistrates, |
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to transmit herewith the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) William McCulloch |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Central Criminal Court |
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to be held at (h) Sydney |
on Monday |
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(h) Town where Court |
the 6th day of October 1890 |
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The accused is (i) Confined in Gaol at Darlinghurst. Bail refused. |
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(i) “Is confined in the |
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(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (k) James Spence Senior Constable of Police Walter Thompson, Cook. Annie Neilsen and Ellen Hassett. Robert Thompson Paton, Medical Officer did not attend to be bound over, being engaged at Newtown on public business. Dr Paton has been notified to attend & enter into Recognizance.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Nil The prosecutor “William Daniel Jones” has been remanded to Darlinghurst Gaol under the Vagrant Act , till Tuesday next. |
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I have the honor to be, |
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[Signed] George H[enry] Smithers |
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Clerk of Petty Sessions |
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The Secretary, |
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Attorney General’s Department. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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Water Police Court
(M., 11 and 12 Vict., Cap. 42.)
Depositions of Witnesses.
Sydney
TO WIT. }
The examination of James Spence of Sydney in the Colony of New South Wales, Senior Constable, Robert Thompson Paton of Sydney, Medical Officer, William Daniel Jones of Union Barracks Harrington Street Sydney Ordinary Seaman, Annie Neilsen of Harrington Lane Sydney, married, Walter Thompson of Harrington Street Sydney, Cook and Ellen Hassett of Reynolds Lane of Sydney in the said Colony, married taken on oath this 3rd day of October in the year of Our Lord one thousand eight hundred and ninety at Sydney in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, Stipendiary Magistrate and in the presence and hearing of William McCulloch who is charged this day before me for that he the said William McCulloch on the 28th day of September 1890 at Sydney in the said Colony, did commit with one William Daniel Jones the abominable crime of buggery.
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William McCulloch
3 Committing the abominable crime of buggery with one William Daniel Jones. 28.9.90
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Senior Constable James Spence on oath states:–
About 12.30 pm yesterday I went to the Labor Barracks Barrack Harrington Street with Constable Bambach.
I saw prisoner and a man named Jones there. Jones accused prisoner of taking him upstairs, throwing him down on the bed, pulling
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his trousers down.
Jones said, “I called out. When I called out he took a pen knife out of his pocket and said he would put it into me if I made a noise. He then put his hand on the back of my head, squeezed my face down on the blanket and did it.
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to me.” I said “What did he do?” Jones said, “He unbuttoned his trousers and put his person into my behind.”
Prisoner said “That’s a lie. I can prove that I was lying on the bed.”
I took both men to CPO 4 Police Station
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where they were examined by the Police Surgeon.
I afterwards charged prisoner with committing the abominable crime of buggery with one William Daniel Jones.
He replied, “I have nothing to say till I go before the court.”
I searched him but did not find a knife.
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on him.
Afterwards went back to the barracks, searched, but failed to find the knife.
To Mr Smith: Prisoner could hear what was said. He was about two yards away, not as far as you are from me now.
[Signed] James Spence.
Sworn at Sydney 29.9.90.
[Signed] Benjamin Lee, SM.
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Robert Thomson Paton on oath states:– I am a legally qualified Medical Practitioner and acting Government Medical Officer.
On 28th Sept 1890 at 1.30 pm at CPO 4 Police Station I examined with his consent the person of William Daniel Jones with the exception of an elongated prepuce his genital organs are normal.
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I found the anus somewhat reddened.
His sphincter muscle was uninjured and closed.
The hairs around the anus were matted and together and stiffened.
I submitted some of them to microscopical examination but found no spermatozoa.
At the same
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time and place with his consent I examined the prisoner.
His genital organs were normal; his anus was normal.
I found no marks of injury or spermatic stains on his person.
It’s quite possible to complete the commission of the offence without showing
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injury to the parts or leaving evidence of a discharge.
[Signed] Robt T Paton.
Sworn at Sydney 29.9.90.
[Signed] Benjamin Lee, SM.
Remanded at request of (?) Smith for (?) till Friday. Bail refused.
Sydney 29 Sept 1890.
[Signed] Benjamin Lee, SM.
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William Daniel Jones on oath states:–
I am an ordinary seaman not in employ.
I lived lately at the Union Barracks, Harrington Street. I came to this Colony nine weeks ago from North Wales. I know the accused by his looks. Last Sunday at quarter past twelve midday, I was
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by the door of the Barracks, accused was inside.
I wanted to go to the closet.
He said “What do you want?”
I said “I want to go to the closet but it’s locked.”
He said, “This door is open, come in here. This door is open.” I went in.
He shut the
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door. He said “Come with me upstairs.” I went half way up, he pulled me up. He said, “I want to get on top of you.” He pulled my pants half down. He dragged me into a room.
No-one was in it. He threw me
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on the bed. I resisted him.
He was stronger. He pulled my strap undone.
I shouted. He pulled out a knife and said he would put it into me if I shouted.
He pulled my pants and pulled his pants down.
He put his person in my backside.
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I cried all the time. He put it there three times and pulled it off again. He pressed his two hands hard on top of my head. I could not move. I tried to all the time. I cried. A girl came, she saw him on me. She said “That’s
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a nice thing.”
He said, “Yes, it is.”
I said “Bring some men.”
He wiped me with a blanket & said “I will make it hot for you Taff [short for Taffy, meaning a Welshman] if you say a word. I’ll see you some day.”
He went away. He was quite sober.
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I went down and told a man. He sent for Police. Prisoner came back when Police came. Police said “Is this the man?”
I said, “Yes.” I was crying.
He said “What’s the matter Taff?”
I said “You know what you did.” He said, “Has
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anyone done anything to you?”
I said, “You know what you did.”
He never spoke to me of such a thing before.
To Mr Smith: I did not say “Let me look for whiskey I left here.” I did not say “What I want is upstairs.” He did not say “Get what you
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want and clear out.” I have not been cleared out. I assaulted a man and got 14 days for it.
I know Samuels a black man. He did not twice turn me out.
I don’t know a man by the name of Tommy Carter.
He got his person right into my body three times
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it hurt me.
I struggled when he was getting it in. I could not move when he got on top of me. I tried to turn and move from side to side many times.
Tried to chuck him off my back. I did not say I would say the same thing against any
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other man. I don’t know the man Tommy (Carter ?). I don’t know a man named Jones.
To Police: My legs were hanging on the bed.
To Mr Smith: Nothing of this kind happened to me before.
[Signed] William McCulloch D Jones.
Sworn at Sydney 3.10.90.
[Signed] Benjamin Lee, SM.
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Annie Neilsen on oath states:–
I live in Harrington Lane. I am wife of William Neilsen. I know both the parties. I saw them in the Barracks on Sunday 28th September 1890. I went in to see a sick man in the Barracks. I heard someone moaning
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and calling out above me.
“For God’s sake, let me alone”, on the floor above me. I went up the stairs. I saw Jones being on a stretcher, his clothes down.
W McCulloch was above him, his clothes down. I sang out something and
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half fainted.
I saw the person of the accused not in the other man. I drew the attention of the others, they went up.
To Mr Smith: Jones did not struggle while I was there.
[Signed] Annie Neilsen.
Sworn at Sydney 3.10.90.
[Signed] Benjamin Lee, SM.
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Walter Thompson on oath states:–
I am a cook. I live at the Barracks, Harrington Street.
On Sunday 28th September between 12 and 1 I came to the door of the Barracks. I saw Mrs Neilsen and two others with her. I went into the sick man’s room.
I heard a man say above
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no “Oh! My God, leave us alone, leave me alone.” Mrs Neilsen ran down, said “Come up here and look.” I went up and I saw Jones half sitting half lying on a stretcher. Telling the prisoner to go away. Prisoner had his penis in his hand, his
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trousers open and he was whipping his penis with his hand. Jones was pulling up his trousers. Prisoner said “Keep quiet, you bloody fool. I’ll give you three pence if you let me finish.”
The other women cam up and I took them down and went for Police.
To Mr Smith: Jones was
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groaning but I took it for a bit of a joke of the (pickers ?).
I have groaned for fun when larking with men.
[Signed] Walter Thompson.
Sworn at Sydney 3.10.90.
[Signed] Benjamin Lee, SM.
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Ellen Hassett on oath states:–
I am wife of William Hassett. I don’t live with him; I live in Reynolds Lane. On 28th September before dinner between twelve and half past twelve three other women and I went into the Barracks to see a sick man.
I saw the man. While there
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I heard a man scream above us. Mrs Neilsen ran up the stairs.
She fell back saying “Oh, go and look.”
I went up and saw McCulloch. He had his hand in his pocket offering the other man, Jones, threepence to let him finish.
Jones was half lying on
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the stretcher.
I sang out “You look well, you dirty beast, don’t you?” He said “Yes, don’t I.” His person was exposed, his clothes were undone. I could not tell if Jones’s trousers were undone.
To Mr Smith: It’s a good many years since I lived with my
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husband. He went to sea and did not return.
I help midwives to earn my living.
I have not seen prisoner for a good many years.
I saw him for a couple of days before this occurred (you said accused ?). I have not since married anyone, not a chinaman,
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I do not association with chinamen.
[Signed] Ellen (her X mark) Hassett.
Sworn at Sydney 3.10.90.
[Signed] Benjamin Lee, SM.
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(N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales, Sydney
TO WIT. }
William McCulloch stands charged before the undersigned, one of Her Majesty’s Justices of the Peace, Stipendiary Magistrate in and for the Colony aforesaid, this 3rd day of October in the year of Our Lord one thousand eight hundred and ninety for that he, the said William McCulloch on the 28th day of September 1890 at Sydney, in the said Colony, did commit the abominable crime of buggery with one William Daniel Jones and the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said William McCulloch, and the witnesses for the prosecution James Spence, Robert Thompson Paton, William Daniel Jones, Annie Neilsen, Walter Thompson, Ellen Hassett being severally examined in his presence, the said William McCulloch is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said William McCulloch saith as follows:– “I have not anything to say.” Taken before me, at Sydney, in the said Colony, the day and year first above mentioned.
[Signed] Benjamin Lee, SM.
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G. 190.
REGINA.
versus
William McCulloch
Offence,— committing the crime of buggery.
The accused stands committed to take trial at the next Court of Gaol Delivery to be holden at Sydney, on the 6th day of 1890. Bail allowed the accused in £ and two sureties in £ each, or one in £ refused
[Signed] Benjamin Lee, SM.
JP.
Dated at Water Police
Office, Sydney
this 3rd
day of October
AD 1890
4g 416 - 88
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Sydney
TO WIT. }
Be it remembered, that on the third day of October in the year of Our Lord one thousand eight hundred and ninety James Spence a Senior Constable of the Police Force, Walter Thompson of 519 Kent Street Sydney in the Colony of New South Wales, cook, Annie Neilsen of 12 Reynolds Lane Sydney in the said Colony, and Ellen Hassett of 12 Reynolds Lane Sydney in the said Colony, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe Our Sovereign Lady the Queen the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the Condition indorsed.
[Signed] James Spence, Walter Thompson, Annie Neilsen, Ellen (her X mark) Hassett.
Taken and acknowledged, the day and year first above mentioned, at Sydney in the said Colony, before me
[Signed] George H Smithers, JP.
The Condition of the within written Recognizance is such, that whereas William McCulloch was this day charged before Benjamin Lee Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with buggery.
If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Darlinghurst in and for the Colony of New South Wales, on the 6th day of October instant, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there preferred against the said William McCulloch for the offence aforesaid, to the Jurors who shall pass upon the trial of the said William McCulloch.
Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] George H Smithers, JP.
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[On the depositions’ cover sheet is the following]
Central Criminal Court
Sydney
6th October 1890
AG’s No. 255
Depositions.
CS’s No. 10
Regina
v.
William McCulloch
Sodomy
See within. [initialled] G[eorge] B[owen] S[impson] AG
4/10/90
Committed at: WPO Sydney
on: 3rd October 1890
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1. Buggery
2. Indecent assault upon a male person
[Signed] GB Simpson AG
4/10/90
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Dr Paton and William Daniel Jones to be subpoenaed. See letter of CPS forwarding depositions.
[Initialled] GBS [AG]
4/10/90
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Justice WC Windeyer’s Notebook 4
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[Central Criminal Court, Sydney, 8 October 1890]
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William McCulloch – Buggery with William Daniel Jones on 28th September 1890.
2. Indecent assaulting him.
James Spence. Constable. I arrested prisoner on 28 September at the Labor Barracks Harrington Street. Saw Jones the prosecutor (there ?). I asked what was the matter. Jones said he took me upstairs, pulled my trowsers down (threw ?) me on the bed & did it to me. I asked what did he do. He said he put his person in my behind. I took Jones said I sang out & prisoner said if you won’t be quiet I’ll put a knife into you, at the same time taking a pen knife out from his pocket. Prisoner then put his hand on the back of my head, squeezed my face into the blanket & did it to me. Prisoner said that
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is a lie, I can prove I was lying on the bed. I then charged the prisoner who said I’ve nothing to say (till I ?) (?) (?) the (Court ?). I found no knife on him or money on him.
William Daniel Jones. An ordinary seaman (?) was staying at the barracks in September last. On a Saturday 28th September I met prisoner by the door of the barracks. I wanted to go to the closet. It was locked. He I said what is the matter with the door it is locked. I said I want to make water. He said the door is open come through this door. He said taking me by the arm I want you to come with me upstairs. I said what for, I won’t come, I want to go out. He said you must come I
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want to talk to you & he began to drag me. I said if you don’t let me go I’ll shout. He (dragged ?) me up to the 3rd storey. He said I want you to take your pants down. I was crying & shouting & he pulled down my pants. He undid my belt. He wet on my back & put his person in my backside. He said before that I want to go on top of you. I was crying & struggling & he pulled a knife out & said if you don’t stop that crying I’ll put the knife in you. I did cry but he did not use it he only held it over my head open. I said I would cry out (murder ?) he said he would but he did not. He (dragged ?) me down on the bed put his hands on the back of my head & pressed my head, my face against the blankets. He picked me up & put me on the bed. He put his person in my back side 3 times. He was (?) (?) (?)
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he put it into my back side. I shouted & a girl came. She went down & fetched some people. When the girl came up he pulled out 3 pence & said if you will let me fuck I will (leave ?) you this 3 pence. He (?) (?) (?) (?) (?) (?). I said I’ll go to the police. He said if you do I’ll see you again some day & make it best for you if you do.
Cross-examined. I said nothing about whisky.
Anne Neilsen. 6 A married woman. On 28th September went to the barracks to see a sick man on the 2nd floor (front floor) a (gentleman ?) (named ?) (?) & (?) (?) with me. I heard groans from the floor above & a man singing out Oh for God’s sake let me alone & I’ll give you 6 pence. I went half way up & saw prisoner &
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the prosecutor. I saw prosecutor lying across the stretcher in a leaning position, his trowsers half way down to his knees. I saw all prisoner’s privates. I was only half way up the stairs & was looking along the floor. I was (sick ?) (later ?) & told (proprietor ?) (something ?). I was up close to prosecutor.
Walter Thompson. Cook at the Labor Barracks. On 28th September last remember 3 people coming to see a sick man. I went with them, heard a man above groaning. A girl ran up & came & told me something. I went up & saw prisoner & the boy. Prisoner had his penis in his hand (wiping ? whipping ?) it with his finger & thumb. The boy was pulling his trowsers over his behind. Prisoner said shut up you bloody fool I’ll give you 3d to let me finish. I was on the (landing ?). The boy said go away (?) (?) was (?) on the stretcher.
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Ellen Hassett. Went to see sick man on 28th. Heard a man sing out Oh my God leave me alone. I went up a few stairs & saw prisoner with his trowsers (undone ?). I said you look well you dirty beast. He said yes. Prosecutor was sitting on a stretcher. Prisoner in front of him. Heard him say if you let me fuck I’ll pay you 3 pence.
Verdict Guilty
Sentence (15 ?) years penal servitude on first count. (2 ?) 5 years penal servitude concurrent with first sentence.
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The Daily Telegraph, Thu 9 Oct 1890 7
CENTRAL CRIMINAL COURT.
Wednesday, October 8.
(Before Mr Justice Windeyer.)
Mr FW Gibson prosecuted for the Crown.
…
AN UNNATURAL OFFENCE.
William McCulloch was charged with having on September 28 committed an unnatural offence. There was a second count for indecent assault.
Prisoner was promptly found guilty on the first count.
His Honor remarked that the case was a particularly shocking one in all its respects, and ordered the prisoner to under go 15 years’ penal servitude.
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The Sydney Morning Herald, Thu 9 Oct 1890 8
CENTRAL CRIMINAL COURT.–
Wednesday.
(Before his Honor Mr Justice Windeyer and juries.)
Mr Gibson prosecuted on behalf of the Crown.
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ASSAULT ON A YOUTH.
William McCulloch pleaded not guilty to a charge that he did, at Sydney, on September 28, commit an assault upon William Daniel Jones. There were two counts. The accused was undefended.
The jury found the prisoner guilty, and he was sentenced to 15 years’ penal servitude.
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William McCulloch, Gaol photo sheet 9
![SRNSW: NRS2138, [3/6052], Darlinghurst Gaol photographic description book, 1890, No. 4892, p.152, R5103.](../../images/trials/1890-McCulloch-6052-gaol-photo-4892.jpg "SRNSW: NRS2138, [3/6052], Darlinghurst Gaol photographic description book, 1890, No. 4892, p.152, R5103.") |
Gaol Photo Sheet - Transcribed Details
No. 4892
Date when Portrait was taken: 4 October 1890
Name: William McCullock
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Native place: BC Sydney Year of birth: 1867 Arrived Ship: – Trade or occupation Religion: C of England Education, degree of: R&W Height: 5' 7¾" Weight On committal: 133 Colour of hair: Brown Colour of eyes: Blue Marks or special features: Right wrist prominent (has been broken). Woman standing on shield in red + Blue holding flag (stars + strips) over her head inside (right ?) Forearm – Bracelet on (right ?) wrist – Crucifix outside left forearm – Coat of arms over mermaid – small cross on junction of left thumb + forefinger. |
Where and when tried: Sydney G[aol] Delivery. Offence: Buggery Sentence: 15 years P.S. Remarks: Right leg amputated in Darlinghurst Goal. |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
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1 Evening News, (Sydney, NSW), Tue 30 Sep 1890, p. 2.
2 SRNSW: NRS880, [9/6788], Supreme Court, Papers and depositions, Sydney, Oct 1890, No. 255. Emphasis added.
3 Mn: WPC 29.9.90
4 SRNSW: NRS7851, [2/7406], Judiciary, WC Windeyer, J. Notebooks Criminal, 1879-95, pp. 35-40. Emphasis added.
5 Mn: [Ss.] 59-60
6 Nielsen in transcript of depositions.
7 The Daily Telegraph, Thu 9 Oct 1890, p. 3.
8 The Sydney Morning Herald, Thu 9 Oct 1890, p. 7.
9 SRNSW: NRS2138, [3/6052], Darlinghurst Gaol photographic description book, 1890, No. 4892, p.152, R5103.