Newcastle Morning Herald and Miners’ Advocate, Sat 16 Aug 1879 1

NEWCASTLE POLICE COURT.
FRIDAY, AUGUST 16, 1879.
(Before Lieutenant Colonel Maunsell, PM, and Dr CW Morgan, JP.)

…
    BEASTIALITY.– [sic] James Kensella [aka Kinsela, Kinsella], who had worked his passage from Geelong to Newcastle aboard the barque Sarah Anne, in custody on warrant, pleaded guilty to a charge of having committed a disgusting offence upon a person of Arthur Rose, a seaman of the same vessel. The case was heard with closed doors, and particulars were altogether too abominable for publication. Arthur Rose and John Henry Baker gave evidence as to the offence, which occurred of Cape Howe on the night of the 12th inst., and was repeated on the following night, when prisoner was at once seized and secured. He freely admitted the offence, and was fully committed to stand his trial at the ensuing Quarter Sessions, to be holden at Maitland on the 4th September. Prisoner to the Bench said “he felt it was very disgraceful to be brought up for such an offence; he had never done the like before, and did not know what came over him, but something came over him, and he could not resist the temptation.”

~ ~ ~ ~ ~

The Maitland Mercury and Hunter River General Advertiser, Sat 6 Sep 1879 2

MAITLAND QUARTER SESSIONS.

    The September sittings of the Maitland Quarter Sessions were opened at East Maitland on Thursday morning, before his Honor Mr District Court Judge Wilkinson. Mr JBR Robertson acted for the Sheriff. Mr FE Rogers prosecuted for the Crown. The other barristers in attendance were: Messrs J Teece, J Dillon, and CG Heydon.

FINE REMITTED.

    The fine imposed on Mr E Dewar,  storekeeper, East Maitland, by the Coroner, for non-attendance at a Coroner’s inquest, was remitted, on certain representations being made as to the cause of his absence. Mr Chambers appeared for Mr Dewar.

~ ~ ~ ~ ~

The Maitland Mercury and Hunter River General Advertiser, Tue 9 Sep 1879 3

MAITLAND QUARTER SESSIONS.
SATURDAY. SEPTEMBER 6th, 1879.

    The Court reopened at half-past nine o’clock before his Honor Mr District Court Judge Wilkinson (?).
…

ASSAULT ON HIGH SEAS.

    James Kensella was indicted for that he did on the 12th day of August, on board the Sarah Anne, then on the high seas, commit a disgusting offence upon the person of Arthur Rose.

    Prisoner pleaded not guilty, and was undefended.

    The prisoner was working his passage from Geelong to Newcastle on board the barque Sarah Anne, and the prosecutor was a seaman on the same vessel. On the night of the 12th August the prisoner committed an indecent and disgusting offence upon the person of the prosecutor, which was about to be repeated on the night following, when the prisoner was seized and secured by prosecutor and another person. When committed by the bench at Newcastle, the prisoner said that he did not know what came over him, but something came over him, and he could not resist the temptation.

    Prisoner said he was intoxicated at the time, and did not know what cam over him (?).

    The jury, without leaving the box, returned a verdict of guilty,  and prisoner was sentenced to six months imprisonment  in Maitland gaol.

~ ~ ~ ~ ~

James Kensella, Gaol photo sheet 4

SRNSW: NRS2327, [3/5983a], Maitland Gaol photographic description book, 1875-1930, No. 232, p. 175, R5129.

 

 

Gaol Photo Sheet - Transcribed Details

No. 232

Date when Portrait was taken: 29th October 1879

Name: James Kinsella

Native place: Ireland

Year of birth: 1839

Arrived        Ship: Ambassador
in Colony }   Year: 1877

Trade or occupation
previous to conviction  } Sailor

Religion: R Catholic

Education, degree of: R&W

Colour of hair: Dark brown

Colour of eyes: Grey

Height: 5' 4"

Weight     On committal: 156
in lbs     }  On discharge: 

Marks or Special Features: Minus thumb right hand

Where and when tried: Maitland Q.S
6th September 1879

Offence: Unlawful assault

Sentence: 6 months imprisonment

Remarks: 

 (No. of Previous Portrait ...  ) 

PREVIOUS CONVICTIONS
Where and When Offence. Sentence

 

 

 

 

 

 

  

1  Newcastle Morning Herald and Miners’ Advocate, Sat 16 Aug 1879, p. 8. Emphasis added.

2  The Maitland Mercury and Hunter River General Advertiser, Sat 6 Sep 1879, p. 12.

3  The Maitland Mercury and Hunter River General Advertiser, Tue 9 Sep 1879, p. 7.

4  SRNSW: NRS2327, [3/5983a], Maitland Gaol photographic description book, 1875-1930, No. 232, p. 175, R5129.

 

Sodomy