Depositions for William Powell 27 Feb 1855 Bathurst trial 1
The Bench of Magistrates Molong to he Honorable the Attorney General Sydney, enclosing depositions and Recognizances of witnesses.
Police Office Molong
7th November 1854
The Honbl The Attorney General, Sydney
Sir,
We have the honor to enclose under a separate cover depositions and Recognizances of witnesses taken in the three cases named in the margin. 2 Committed for trial at the next Circuit Court Bathurst from this Bench.
The prisoner James Peters was offered bail but the Bench deemed it proper to refuse those proposed by him as sureties.
We have the honor to be, sir, your obedient servants for the Bench
[Signed] Robt J Barton, JP.
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(O. 1.)
Recognizance to give Evidence.
New South Wales
TO WIT. }
Be it remembered, That on the seventeenth day of October, in the year of Our Lord one thousand eight hundred and fifty four Oliver Beadle Senior, Oliver Beadle Junior, Henry Beadle personally came before me one of Her Majesty’s Justices of the Peace for the said Colony and acknowledged themselves to owe to our Sovereign Lady the Queen the sum of Forty pounds each of good and lawful money of Great Britain, to be made and levied of their goods and chattels, lands and tenements, to the use of our said Lady the Queen, Her Heirs and Successors, if they the said Oliver Beadle Senior, Oliver Beadle Junior, Henry Beadle, shall fail in the condition indorsed.
Taken and acknowledged the day and year first above mentioned, at Molong in the said Colony, before me.
[Signed] Robt J Barton, JP.
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The Condition of the within written Recognizance is such, That whereas one William Powell was this day charged before Robert Johnstone Barton, William H Palmer and Henry H Kater Justices of the Peace within mentioned, for that he did on or about Friday the thirteenth day of October commit the crime of Sodomy on the person of Henry Beedle if therefore they the said Oliver Beedle Senior, Oliver Beedle Junior and Henry Beedle shall appear at the next Circuit Court to be holden at Bathurst in and for the Colony of New South Wales, on the Day of and there give such evidence as they know upon an Information to be then and there preferred against the said William Powell for the offence aforesaid, to the Jurors who shall pass upon the trial of the said William Powell then the said Recognizance to be void, or else to stand in full force and virtue.
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(M. 11 & 12 Vic., Cap. 42).
Depositions of Witnesses.
New South Wales
TO WIT. }
The examination of Oliver Beedle Senior of Nubruggan [sic–Nubrigyn] in the Colony of New South Wales Oliver Beedle Junior of Nubrigyn and John Davis of Molong chief Constable of in the said Colony, taken on oath this 17th day of October in the year of our Lord one thousand eight hundred and fifty four at Molong in the Colony aforesaid, before the undersigned, three of Her Majesty’s Justices of the Peace for the said Colony in the presence and hearing of William Powell who is charged this day before us for that he the said William Powell on the thirteenth day of October at Nubrigyn, in the said Colony, commit the crime of Sodomy on the person of Henry Beadle of Nubrigyn Creek, Shepherd.
1
This deponent Oliver Beadle Senior on oath saith as follows: I live at the Spring Station of Mr Sinclair. 3 Where my children are shepherding. I am
My little boy Henry Beadle came home on Friday evening last rather earlier than usual with his sheep and I told him to feed them round the back of the hill round the (?) (?) A half an hour after he came and told me that a man whom he described as a man with white hair and looked as if his eyebrows had been burnt, with a stumpy tailed sheep dog has called him over and asked him where his sister was who often went out with him for company – that the man took hold of his hands and kissed him. And then pulled down the boy’s trousers and his own and committed the crime of Sodomy on him by penetrating his body.
The boy is about eleven years old.
2
The boy said that he screamed out and the man put up his hands as if to stop his mouth but withdrew them again and said “Don’t run away but let me finish the job” – that he then ran away promised him a parrot or something not to tell of it and he then ran away.
The prisoner has no questions to ask this witness.
[Signed] Oliver Beedle.
This deponent Oliver Beedle Junior on oath states: The former witness is my father. On Friday evening last my brother came up to me shortly before sundown and told me that a man had met him in the bush who had punched him and wanted to kiss him. That he then
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pushed him down on the ground and took his trousers and took out his person and committed a crime on him. That he put his person in him. He said he was afraid to tell his father but I persuaded him to do so. I am stationed about two miles and a half from the head station and it was about a ten minutes or a quarter of an hour before sundown when my brother told me what I have stated.
[Signed] Oliver Beedle
And this deponent Henry Beedle on oath states: I am about eleven years old. I know the prisoner the man before the Court to be (?) That is the man.
I remember coming home with
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the sheep on Friday evening. My father sent me out again and I met the man now before the Court. I am sure this is the man. When he met me he pushed me down on the ground he pulled down my trousers and got on my back and on my belly and entered my body with his person. When I was running away he told me to come back and let him finish the job.
But he promised me a cocatoo [sic] or parrot not to tell of it. I told my brother when I went home and he told me to tell my father. He held me with his hands, clasped his arms round me and he tried to stop me crying. He tried to put his hand before my mouth to stop me crying. I am sure he got his person into my body, he was far in. He was first on my back and then he got on
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my belly. He did not pain me very much. He hurt me a little. He wet me a little when he came off me.
Questioned by the prisoner : I can look you in the fact and say that all I have said is true.
By the Bench: I have never seem the man before. I do not know his name.
This occurred about half an hour before sundown.
[Signed] Henry (his X mark) Beedle Witness: [Signed] A (McLidcombe ?)
And this deponent Jno John Davis on oath states: I am Chief Constable of Molong.
From information I received from Oliver Beedle Senr on Saturday last I proceeded to Nubrigyn
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to apprehend the Prisoner at the bar. On the way I took him in charge and handed him to the Constable. I then went to the boy’s hut in company with Mr Passmore, the Superintendent and asked the boy for the trousers and shirt he had worn and he gave them to me from the hut. He said he had worn them when the deed was committed. On the following morning I brought him the prisoner to the watch house, Molong. I now produce the cloathes [sic].
[Signed] John Davis
By the Bench: There was nothing that I could see wrong to the about the boy’s person to excite and suspicion.
John Davis.
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The above depositions of Oliver Beedle Senior, Oliver Beedle Junior, Henry Beedle and John Davis were taken and sworn before us at Molong the day and year first above mentioned.
[Signed] Robt J[ohnstone] Barton, JP. W[illiam] Hall Palmer, JP. Henry H[erman] Kater, JP.
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(N. 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales
TO WIT. }
William Powell stands charged before the undersigned, three of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this seventeenth day of October in the year of our Lord one thousand eight hundred and fifty four for that he the said William Powell on the thirteenth day of October at Nubrigyn in the said Colony, did commit the crime of Sodomy on the person of one Henry Beedle of Nubrigyn and the said charge being read to the said William Powell and the witnesses for the prosecution, Oliver Beedle Senior Oliver Beedle Junior Henry Beedle and John Davis being severally examined in his presence the said William Powell is now addressed by us 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 Powell saith as follows: About nine o’clock on Friday morning I came in to the head station at Nubrigyn from Shepherds Creek and the whole of that day I was busy draughting sheep.
It was late in the afternoon when I went out with the sheep and it was dusk when I came home with them so Mr Passmore told me to stay keep out of the way later of the shops sheep about the farm.
I am innocent of the crime laid to my charge if I had to die tonight or in your presence.
[Signed] Willm Powell.
The above statement was taken before us the day and year before mentioned.
[Signed] Robt J Barton, JP. W Hall Palmer, JP. Henry H Kater, JP.
Committed to take his trial at the next Circuit Court Bathurst.
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[On the depositions’ cover sheet is the following]
1855
Bathurst Circuit Court
Molong “5”
Regina
v.
William Powell
Depositions
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Besteale Sodomy
R13 (?) (?) (?) 64
at Nubrigyn
on one Henry Beeedle
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17 October 1854
E 16025
Depositions
Queen
v.
William Powell
Unnatural Offence
Circuit Court Bathurst
Molong
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The Sydney Morning Herald, Thu 22 Feb 1855 4
BATHURST CIRCUIT COURT.—The sittings of this Court commence on Monday next, before Mr Justice Dickinson, the Attorney-General attending to prosecute for the Crown. There are but eighteen cases on the list:—of these one is for manslaughter, three of cattle stealing, three of wounding with intent to do grievous bodily harm, one for abduction, one for an unnatural offence, one for maliciously wounding cattle, three for larceny, one for horse stealing, one for stealing from the person, and one of embezzlement.
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The Bathurst Free Press and Mining Journal, Sat 24 Feb 1855 5
CALENDAR OF PRISONERS FOR TRIAL AT THE CIRCUIT COURT, 26th Feb–Jemmy, (Chinese) Avisford, robbery; Patrick Long, Avisford, assault with intent, &c,; Hugh Ward, Orange, perjury; William Powell, Molong, sodomy; Joseph Trigg, Mudgee, abduction; John Hushan, Molong, murder; John Pickup, Molong, cattle stealing; Sandy (aboriginal), Dubbo, murder; John Vaughan, Dubbo, murder; John Lewis Crabb, Bathurst, stealing money from the person; John Williams, Sofala, manslaughter; John Ross, Bathurst, robbery; John Ryan, Molong, stealing a cheque; James Smith, Bathurst, assault and robbery; Thomas Chamberlain, Bathurst, horse-stealing; Robert Shrubsole, Bathurst, embezzlement; Edward Baylis, Ryalstone, violent assault; James Innes and Jemima Innes, Sofala, larceny; Henry Robert Black, Bathurst, shooting with intent, &c.; William Carter, Wellington, shooting with intent, &c.; John Field, Bathurst, horse-stealing; Robert Manning, Tambaroore, assault with intent, &c.; – besides five remanded cases and about ten bail cases.
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Justice JN Dickinson’s Notebook 6
20a
[Bathurst, Thursday 27 February 1855]
Queen v William Powell – Sodomy with Henry Beedle–
“Henry Beedle” is my name. I know prisoner. I 1st saw him at Passmore’s home then with me – out in the bush. I was (?) shepherding – so was he 2 or 3 months ago – before Xmas I was coming home with sheep & I was taking them on (ridges ?). The prisoner began to kiss & (?). Prisoner asked me “where is my sister” I said not know “out shepherding.” Prisoner said “where is your sister?” I said “not know” – Prisoner shoved me down undid his clothes & also mine & got on top of me. Prisoner got on my belly – I (?) & screamed. ¼ mile from station – no one near us. Prisoner was going to put his hand on my mouth to prevent me screaming. I got away from him – Prisoner told me “to come back, & to finish the job he was doing to me.” I did not come back. Prisoner said “he was to give me some cockatoos & Parrots if I did not tell my father” – Prisoner put his private part inside me, he hurt.
Cross-examined. It was just before sundown – getting dark. I never saw prisoner before. The farm is 2 miles from the place of misdeed. I struggled and when he was on me – I rolled my body about – Prisoner held me tight. I tried all I could – I screamed. Prisoner hurt me a little. Prisoner got far into me – he hurt me when he when he was doing it at 1st.
21a
I was with the prisoner at Passmore (?) (shed ?) my sister there also. My father had gone into Molong. I have not talked much to my father about this matter. Prisoner had light trousers on & a red handkerchief. Prisoner got on back of me 1st. He got on belly after he put his privates inside me.
Re-examined. The constable took the clothes I wore. I should know them if I saw them. (looks at trousers, shirt) These are the same.
John Davis. Chief Constable Molong. I apprehended prisoner. I told him “I took for he unnatural crime on a boy – Beedle” (looks at trousers, shirt) I took these trousers off boy – he gave me the shirt – no marks on them.
Cross-examined. Prisoner said nothing.
Oliver Beedle. In November last Passmore was in employment. I am father to Henry Beedle. He is between 11 & 12 years old. I 1st saw prisoner 3 days before this (?). Accused at Shepherds Creek Station – I told him I had employment on sheep station – I then expected to be moved by Passmore. I told prisoner “I had quarrelled with Passmore.”
Mr Stephen addressed the jury for the (?) prisoner.
Robert Frederick Brown. Surgeon. I have heard boy’s evidence. I think that with such instances as boy (?), the (?) could not have been (mischievous ?) : (general ?) (?) (?) (at that part ?) in cases of (?) (without pain ?) If party resists & violence persevered in, serious injury must result to the parts more internal than external.
22a
As in case of consenting person no penetration without great pain. In this case I should expect to have seen marks of blood on boy’s clothes.
Re-examined. A boy of that age could (?) (effectually ?). There may be a partial penetration without serious injury – but injury to (?)
Verdict, Guilty of the attempt.
2 years with hard labour in Bathurst Gaol.
2 sureties in £50 each to (?) for 12 (?) & to be (?) (?) (?) (?) (?)
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The Bathurst Free Press and Mining Journal, Sat 3 Mar 1855 7
LOCAL INTELLIGENCE.
BATHURST ASSIZES.
…
[TUESDAY 27 FEBRUARY 1855]
UNNATURAL OFFENCE.
William Farrell [sic–Powell] was indicted for an unnatural offence committed upon a boy named Henry Beadle, about 11 years of age. Plea, not guilty. The prisoner was defended by Mr Stephen.
The prisoner, it appears, was a shepherd in the service of Mr Passmore, and the boy a shepherd in Mr Lane’s service. The two met upon the run, and there the crime was perpetrated—the details of which are too disgusting a nature for publication.
Verdict—guilty. Sentence—2 years in Parramatta gaol.
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The Bathurst Free Press and Mining Journal, Sat 10 Mar 1855 8
THE BATHURST FREE PRESS
"MAGNA EST VERITAS ET PRÆVALEBIT"
SATURDAY, MARCH 10, 1855
UNEQUAL JUSTICE.
It often puzzled us to ascertain upon what principle their Honors the Judges of our Supreme and Circuit Court regulate their sentences upon prisoners. Certainly the records of our criminal proceedings throw little or no light upon the subject. Let us take what calendar we may since our experience in Bathurst criminal courts has enabled us to form an opinion, we find inconsistencies, discrepancies, and incongruities which sometimes astonish, and occasionally startle us. For instance, crimes against the person, whether of assault with intent to commit a rape, of manslaughter more or less aggravated, frequently meet with light punishment,– whilst offences against property, whether animate or inanimate, are visited by the severest rigour. In more than one case during our six years’ reporting in the Bathurst Circuit Court we have been induced to propose the question—whether the life of a man or a bullock possessed more value in the ye of the law; and if their comparative worth had been measured by the punishment meted out to offenders against each, we should have been constrained to declare in favour of the latter.
We are led into the discussion of this position by two cases of this character which have been disposed of by his Honor Mr Justice Dickinson during the session just past, and without further preface shall put them before our readers; and if they do not agree with us either that one of the crimes was very insufficiently punished, or the other very harshly used, our belief that the fundamental principles of reason and justice find a resting-place in every heart, will be very much shaken.
A man named John Williams was indicted for killing one Hugh Casdale at the Turon, and pleaded not guilty. The evidence disclosed the following simple facts—the prisoner caught the deceased lying on the floor of his tent, apparently intoxicated and aroused him; words ensued which terminated in blows. The combatants went outside and re-commenced fighting, the prisoner knocking deceased down several times, and so injuring him about the head, that, in some days after, he died of his wounds. When expostulated with by Mr Lamb, a neighbouring publican, for his treatment at Casdale, he acknowledged that he had beaten him, and said he would beat any wretch he caught in his tent. The only witness who spoke to the prisoner’s character was Mr Commissioner Johnson, who knew him only as an industrious, but, when intoxicated, a very violent man. He was found guilty by the jury, who recommended him to mercy—and was sentenced to six months’ imprisonment in Bathurst gaol.
On the day following the above trial, a respectable man, in hi sphere of life, named Thomas Hogan, was indicted, and found guilty of shooting a bull, belonging to Mr EJC North. The evidence shewed that Mr North’s bull was a very troublesome animal, frequently breaking through people’s fences, and entering their paddocks—that complaint had been made to Mr North, who, according to his own statement in Court, had authorised persons upon whose land he trespassed, to shoot him with rock salt, and according to the evidence of a person named Stewart, that when he complained, Mr North replied—“Why don’t you shoot the bull,” but said nothing about rock salt. It was proved that he procured a ball with the expressed intention of shooting the bull, and that he afterwards stated that he had shot the bull accidentally. The jury strongly recommended him to mercy, and several witnesses bore testimony to his generally good behaviour, sobriety, &c. for a space of 12 to 14 years. He was sentenced to 2 years’ hard labour in Bathurst gaol.
Now, we have a great respect for the legal attainments, the dignity of character, and judicial integrity of Mr Justice Dickinson, but we have a greater respect for the cause of justice itself. We are quite satisfied that in deposing of these two cases he had acted upon his honest convictions; but human nature, even in a learned judge, is prone to error, and we think that a mere perusal of the facts, as cited above by any candid, unprejudiced man, is all that is required to pronounce him wrong. Whether his Honor would not be of the same opinion, could he read the two narratives side by side, is a point upon which we should judge rather favourable, were it not that he subsequently, and somewhat ungraciously, confirmed his decision in the latter case.
Feeling that under all the circumstances, Hogan had been hardly dealt with, Mr E Park JP waited upon his Honor to ascertain whether, if a petition were drawn up praying for mitigation of the prisoner’s sentence, he would support it. His Honor, evidently somewhat piqued, replied that he considered the sentence a lenient one—that, if so disposed, he could have given him (three ?) years’ punishment instead of two, and that he could not recommend any mitigation of sentence; and that closed the interview. It is with his persistence in error, therefore, that we have to do.
We then shall say, after this, that our law court do not the life of a man cheaper then that of a bull? In one case a ruffian, without any reasonable provocation, falls upon and beats a fellow-creature so unmercifully that he dies of his injuries, and the only character he receives is a very equivocal one from Mr Commissioner Johnson—sentence, 6 months’ imprisonment. In the other, with very probable provocation, and with some show of licence, the offender shoots at, and kills the bull, which, for some time past, has been a nuisance to the neighbourhood. His previous character was proved to be unquestionably good. Like the other prisoner he was recommended to mercy, but strongly—sentence, 2 years’ imprisonment. That is to say, the criminal who slays the bull—if figures mean anything—is adjudged four times as guilty as the criminal who slays a human being! This may be law, it may be reason, and it may be justice, but it certainly is neither mercy nor humanity; and if any one of the first three could be distorted into such an interpretation, we would at once recommend a revision of our dictionaries. We again repeat, that Hogan has been harshly dealt with, and, in so saying, believe we represent the opinions and feelings of the vast majority of those who have given any attention to his case. Supposing that he had a criminal intention—a point which is fairly open to question—the attendant circumstances were such as to render 8 months’ imprisonment amply sufficient for the ends of public justice— We hope, therefore, that the influence of public opinion may compass the small meed of mercy which has been denied at the hands of our late presiding judge.
1 SRNSW: NRS880, [9/6394], Supreme Court, Papers and depositions, Bathurst 1855, No. 5. Emphasis added.
2 Mn: Regina v William Powell sodomy, Robt Plenile and Jas Peters Cattle stealing, John Hushan manslaughter.
3 Mn: Nubrigyn
4 The Sydney Morning Herald, Thu 22 Feb 1855, p. 5. Emphasis added.
5 The Bathurst Free Press and Mining Journal, Sat 24 Feb 1855, p. 2. Emphasis added.
6 SRNSW: NRS5864, [2/3138], Judiciary, JN Dickinson, J. Notebooks Circuit Courts, 1845-60, pp. 20a-22a. Emphasis added.
7 The Bathurst Free Press and Mining Journal, Sat 3 Mar 1855, p. 2.
8 The Bathurst Free Press and Mining Journal, Sat 10 Mar 1855, p. 2.