The Kiama Independent and Shoalhaven Advertiser, Fri 25 Apr 1879 ¹

KIAMA POLICE COURT.

…

WEDNESDAY, APRIL 23.

    H[enry] Connell, PM, and James Colley, JP. on the Bench.

    Henry Ramsay and Robert Johnston, remanded from the previous Wednesday, were brought before the Court, charged with having, on the 9th instant, at Gerringong [aka Jerringong], committed sodomy.

    Prisoners were defended by Mr King. 

    The evidence of Sergeant [John] Healey, Henry Turner, Johnston Morrow, jun., and Dr [John Hay] Caird, for the prosecution, was taken, and defence being reserved, the prisoners were committed to take their trial at the next Central Criminal Court to be held at Sydney on the 12th May next; bail refused.

    The case was heard with closed doors. 

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Depositions for Henry Ramsay and Robert Johnston 13 May 1879 Sydney trial ²

(M., 11 & 12 Vic., Cap. 42.)

Depositions of Witnesses.

New South Wales, Kiama
TO WIT.                          }

The examination of John Healey of Kiama in the Colony of New South Wales, Senior Serjeant of Police, Henry Turner of Gerringong, Labourer, Johnston Morrow, the younger, of Gerringong, Labourer and John Hay Caird of Kiama aforesaid Surgeon in the Colony of New South Wales, Taken on oath, this 23rd day of April in the year of Our Lord one thousand eight hundred and seventy nine at Kiama in the Colony aforesaid, before the undersigned, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Henry Ramsay and Robert Johnston who are charged this day before us, for that they the said Henry Ramsay and Robert Johnston on the 7th day of April 1879 at Gerringong aforesaid in the said Colony, did commit sodomy. 

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The Queen vs Henry Ramsay and Robert Johnston.
Sodomy

    Remanded until Monday the 16th instant. Police Court Kiama, 15th April 1879.

[Signed] James Colley,  JP. and MN Hindmarsh,  JP.

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The Queen vs Henry Ramsay and Robert Johnston 
Sodomy

    On remand from the 15th inst on the application of prisoners they are further remanded until Wednesday 23rd instant. Police Court Kiama, 16th of April 1879.

[Signed] James Colley, JP. 

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New South Wales, Kiama
TO WIT.                          }

The Queen vs Robert Johnston – the patient and Henry Ramsay the agent.

Sodomy

    Senior Serjeant John Healey being duly sworn states:– On Saturday the 12th instant (12th April:) from information I received I apprehended the prisoner Ramsay on the Broughton Creek Road near Gerringong for having committed “Sodomy” with the prisoner Robert Johnston on the (7 April:) Monday night previous. I cautioned him to be careful what he said to the charge for anything he said might be given in evidence against him at his trial. He said he knew nothing about it. I then asked what he was doing in Mr Hindmarsh’s paddock with Bob Johnston the Monday night previous when young Morrow and Turner caught them there. He said they were doing nothing for they had a down on him. I then brought him to Gerringong and in company with Constable Hopkins apprehended the prisoner Johnston for committing “Sodomy” with old Ramsay on the Monday night previous. I cautioned him

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in the same way as I did the prisoner Ramsay. In reply he said “All right.” I asked him what he was doing with old Ramsay in Mr Hindmarsh’s paddock on the previous night when young Morrow and Turner caught them there. He said he met the old man in town and they had some conversation about the price of a Bible and that the old man (Ramsay) asked him to take a walk down the road and when they got to the paddock he had occasion to ease himself and he went there for the purpose. The old man followed him in and sat by his side and kept pulling him about. I said you ought to be shot for having anything to do with him – this was not the first time by many – he said he could not help it, the old “bugger” kept following him about everywhere he went and that he was only 14 years old when he first commenced at him on the Tooligin (?) Road and that he was insensible two hours after. I said was that not enough to make you shun him and have nothing more to do with him. He then said he could not help him and that he followed him sometimes into his house and sometimes to his forge and would take him away and have to do with him three or four times a week and he could not get away from him. I then brought both

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of them to the Kiama lockup and instructed Dr Caird to medically examine them which he did in my presence. When Johnston said that the prisoner Ramsay used to take him and have to do with him three or four times a week I said “Did you not tell Turner and Morrow when they caught you that that was the third time and that he had only put it between his legs.”  He hesitated and said that he had only put it through his legs then. Ramsay is 58 years of age and Johnston 25.

[Signed] John Healey.

Sworn before us at the Court House Kiama this 23rd April 1879.
[Signed] Henry Connell  Jnr, PM., James Colley, JP. 

    Henry Turner being duly sworn saith, I am a labourer and reside with my parents at Gerringong. I know the prisoners before the Court for the last nine years. On the 7th of this month I saw Ramsay between

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7 and 8 o’clock in the evening walking down the Gerringong Road. It was a moonlit night but a little cloudy. From information respecting certain habits of Johnston Ramsay I in company with Johnston Morrow Jnr followed him for about half a mile when the prisoner Johnston came up to him at Gunns. They then both walked away together into Mr Hindmarsh’s paddock  about 150 yards. We followed them amongst a few prickly bushes about 20 yards from the road and saw Johnston lying down on his face with his trousers down below his backside and the prisoner Ramsay lying on the top of him. Ramsay was moving up and down as if using his person against Johnston’s body. We were about 4 yards off but could not see Ramsay’s person. I said “This is fine work you are at Bob.” He said “This is the first time.” Ramsay had rolled off Johnston then. Ramsay’s trousers were unbuttoned and open in front – I did not see his person he put his hand over it and turned over on his face. Then Morrow said “You ought to be ashamed of yourself”: Johnston said in reply “It was the first time.” I told him it was not the one hundredth and first time – he

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said it was the first time – he said he came down to Frank Merton’s and that Ramsay muzzled him and he could not get away from him. He said if he were to be hanged for it he could not get away from him. He said it was not much he only let Ramsay put it between his legs. Ramsay got off the ground and buttoned his trousers and walked away to where his mare was. Johnston got on his feet and we left him where we found him and we went down to the gate where Ramsay’s mare was. We told him we were going to send for the Police. He said tomorrow “Oh Joe I did not think you would be so hard on me.” Morrow asked him if he were not ashamed of himself – he said “Indeed I am ashamed of myself.” We then went away but did not inform the police but told the matter to other persons – the prisoners were sober. The prisoner Ramsay never (?) Asked me to sleep with him.

[Signed] Henry Turner.

Sworn before us at the Court House Kiama this 23rd April 1879.
[Signed] Henry Connell Jnr, PM.  James Colley, JP. 

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    Johnston Morrow being duly sworn states:– I am a labourer and reside with my parents at Gerringong. On Monday the 7th instant I was in company with Henry Turner, Phil Deitz and Sam Johnston, on the Gerringong Road between 7 and 8 in the evening. When we saw the prisoner Ramsay riding his mare down the road. He went as far as Grimms about half a mile and dismounted. The prisoner Johnston came up to him and they both walked down the road. We lost sight of them but after a while we saw the mare on the left hand side of the road going down in Mr Hindmarsh Meadow. We separated, Turner and I going together and Deitz and Johnston going in another direction in order to search for Johnston and Ramsay.

    Not evidenced: As it was currently reported in the town that they committed sodomy. In about a quarter of an hour Turner and I came upon them about ten yards distant behind a prickly bush. We saw something white like a shirt. We walked up to within 4 yards of them, and we saw Ramsay with his trousers unbuttoned on top of Johnston and moving up and down against him as if he was a woman – Johnston was then lying on his face and belly and his trousers

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below his thighs. I saw his naked backside – Ramsay rolled off him onto his face when we sung out as well as I can recollect this is a fine thing Bob, and Johnston said “This is the first time;” and Turner said “No, nor the hundredth and first time.” He again said it was the first time. I told him he ought to be ashamed of himself. He said he only let him put it through his thighs – Ramsay then got up and walked to where his mare was and we followed him leaving Johnston behind. I told Ramsay that I would inform the police and he said to me: “Oh God. I did not think you would be so hard a man.” I said “You ought to be ashamed of yourself” – he said “Indeed I am ashamed of myself.” Then Deitz and Johnston then came up and Turner and ³ I told them we caught them and what had taken place. Sam Johnston and I then left and went home – I did not tell the police but told the other persons what had happened. The prisoner Johnston is my uncle – twice or 3 times I have cautioned him respecting the report going about his

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immoral conduct and that I would tell the police: the last time I told him was about a week before I caught him in the act on the night of the 7th instant.

[Signed] Johnston Morrow.

Sworn before us at the Court House Kiama this 23rd April 1879.
[Signed] Henry Connell Jnr, PM and James Colley, JP. 

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Doctor Caird

    John Hay Caird being duly sworn states:– I am a legally qualified medical practitioner and registered by the Medical Board of New South Wales. I practise in Kiama – I know the prisoners before the Court. On the 12th instant I was called on by Senior Serjeant Healey.

    I examined prisoner Johnston first. On separating his thighs behind I was struck with the peculiar smoothness of the part surrounding the anus and the complete absence of any hair. The contracting muscle of the anal opening (sphincter ani) was greatly wasted, and the usual corrugations in that neighbourhood had entirely disappeared.

    The trumpet-like depression often observed in cases of sodomy was fairly well marked.

    On examining prisoner Ramsay I observed that the foreskin (prepuce) was drawn right back over the glans penis. The glans itself tapered more than is normally seen, and was twisted downwards, causing the meatus urinarius (urinary opening) as regards situation to be further back than usual.

[Signed] John Hay Caird.

Sworn before us at the Court House Kiama the 23rd April 1879.
[Signed] Henry Connell Jnr, PM. James Colley, JP. 

    The prisoners committed to take their trial at the Central Criminal Court on the 12th May 1879.

    Bail refused.

[Signed] Henry Connell, PM and James Colley, JP. 

~ ~ ~ ~ ~

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales, Kiama
TO WIT.                         }

Henry Ramsay and Robert Johnston stand charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 23rd day of April in the year of Our Lord one thousand eight hundred and seventy nine for that they, the said Henry Ramsay and Robert Johnston on the 7th day of April 1879 at Gerringong, in the said Colony, did commit sodomy 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 them 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 them clearly to understand that they have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to them to induce them to make any admission or confession of their guilt, that whatever they shall say may be given in evidence against them upon their trial, notwithstanding such promise or threat; and the said charge being read to the said Henry Ramsay and Robert Johnston and the witnesses for the prosecution Senior Sergeant John Healey, Henry Turner, Johnston Morrow Junior and John Hay Caird being severally examined in their presence, the said Henry Ramsay and Robert Johnston are 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 Henry Ramsay and Robert Johnston saith as follows:– “Nothing”.

Taken before me, at Kiama in the said Colony, the day and year first abovementioned.
[Signed] Henry Connell Jnr, PM. 

~ ~ ~ ~ ~

Recognizance to Give Evidence.

New South Wales, Kiama
TO WIT.                           }

Be it remembered, that on the 23rd April in the year of Our Lord one thousand eight hundred and sixty seventy nine Senior Sergeant John Healey, Henry Turner, by his father Robert Turner, Johnston Morrow the younger by his father Johnston Morrow, John Hay Caird 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 above named persons shall fail in the condition endorsed. Taken and acknowledged the day and year first abovementioned at Kiama, in the said Colony, before Henry Connell, PM.

[Signed] John Healey, Henry Turner, Johnston Morrow for his son Johnston – a minor and John Hay Caird.

The condition of the within written recognizance is such, that whereas Henry Ramsay and Robert Johnston were this day charged before the Justice of the Peace within mentioned, for that they did commit sodomy on the 7th April 1879 at Gerringong if therefore the said within mentioned persons shall appear at the next Central Criminal Court to be holden at Darlinghurst Sydney in and for the Colony of New South Wales, on Monday the 12th day of May 1879 and there give such evidence as they knoweth upon an information to be then and there preferred against the said Henry Ramsay and Robert Johnston for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Henry Ramsay and Robert Johnston then the said recognizance to be void, or else to stand in full force and virtue.

[Signed] Henry Connell, PM.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Central Criminal Court
12 May 1879
No. 537
Depositions.
Regina No. 27
v.
Henry Ramsay & Robert Johnston
Sodomy

Verdict

H Ramsay		Guilty of the
Rob Johnston		attempt of Sodomy

[Initial illegible] 14 May ‘79
Committed at Kiama
on 23 April 1879

~ ~ ~ ~ ~

Buggery

[Initialled] W[illiam] C[harles] W[indeyer, AG]

~ ~ ~ ~ ~

Justice WM Manning’s Notebook ⁴

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[May 13th 1879]

No. 10 Regina v. Henry Ramsay and Robert Johnston
Sodomy Inter (?) at Jerringong ⁵

Mr GM Stephen  for the Crown
Mr Buchanan  for Ramsay and by agreement of Court for Johnston also
Mr Clements  for Johnston ⁶ by assignment
Henry Ramsay said to be 58 but looks not less than 75
Mr Stephen to Jury

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    Senior Sergeant John Healy. Stationed at Kiama near Jerringong. I know the prisoners. Ramsay at lock up gave his age as 58 – Johnston 26. I apprehended Ramsay between 1 & 2 am on 12th April on a charge of committing sodomy with Bob Johnston in Mr Hindmarsh’s paddock on the Monday previous, 7th April. I cautioned that anything he might say might be given in evidence for or against him at his trial. I asked him what he was doing in Mr Hindmarsh’s paddock with Bob Johnston on the Monday evening previous when Turner & Morrow caught you him there. He said “Oh they have a down on me.” I then brought him into Jerringong – & arrested Johnston

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at his residence there and charged him with having committed sodomy with old Ramsay on the Monday evening previous. I cautioned him as I did the other and he replied all right. I then asked him what he was doing with old Ramsay in Hindmarsh’s paddock on the Monday evening previous when they were caught by Turner & Morrow.

    He said he met the old man in Jerringong & that they had some conversation about the price of a Bible, & the old man asked him to take a walk down the road with him, and when they got to the paddock, he, Johnston had occasion to ease himself, & he went into the paddock for that purpose & the old man followed him into the paddock & sat down beside of him & commenced pulling him about. I said you ought to be shot for having any thing to do with him as it was not the first time by many. He said

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he could not help the old b----r, he was always following him about and that he was only 14 years old when he first commenced it on the (Toolagong ? passim) road (in that neighbourhood) and that he was insensible for two hours after – I said was that not enough for you? not to have any more to do with him. He again said that he could not help it – that he used to come to the house & forge after him & (Johnston was a blacksmith) keep pulling him about – and sometimes have to do with him 3 or 4 times a week.

    I said you told the boys (meaning Morrow & Turner) when they caught you, that was the first time, & that he only put it between your legs. He hesitated for some time & said he only put it between his legs then on that occasion. “Then” was the word.

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    I then brought both prisoners into Kiama & had them examined by a Doctor. The conversation I speak of was at prisoner’s own house – whilst Ramsay in custody of another constable. Dr Caird examined them both in the lock up in my presence.

    Cross-examined by Buchanan. Ramsay is a farmer at Toolagong, is reputed to be well off. Has a farm under Mt Berry of 30 or 40 acres. I never heard that Johnston is a nephew. I believe Morrow is – I don’t think that Turner is related. I don’t know any thing of their wanting to borrow money. I don’t know as to his character but ------ I don’t know that he is 72. He gave his age as 58.

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  Cross-examined by Clements. I told him to be cautious of what he said because whatever he said would be brought in evidence for or against him. I said “would be”.

    Reserved: Mr Buchanan and Mr Clements both object to the evidence. 22nd Victoria No. 7 Sect. 11.

    Objection taken

    I over-rule the objection.

    The old man said that Turner & Morrow had a down upon him. Johnston was a respectable character otherwise. But he had been suspected of this kind of offence for years. I never watched them. They have been watched.

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    I had them watched by the Police. They were never caught in the act. They have been seen together as late as 2 am.

    Cross-examined by Juror. They was said to have been committed on Monday & I arrested them on the Saturday. I only received information on that morning.

    Henry Turner. Jerringong. Reside with my parents – am 15 years old. Have known both prisoners 9 years. In April – Monday 7th – between 8 & 9 pm I saw Henry Ramsay in the Town of Jerringong & Johnston. Morrow and I watched him out of the town for ½ a mile to the

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southward of Jerringong towards Ramsay’s place. There he met Johnston the other prisoner. He was aiming for his own place. Ramsay on his way home – riding – they then walked together, Ramsay leading his horse after him.

    They (bung ?) the horse at Mr Hindmarsh’s paddock about 200 yards from where they (met ?). (Having ?) been to (fence ?) inside the paddock. They got through an open gate. We did not see them going in. Saw the horse (bung ?) there. It was over a hill what we were behind. It was moonlight. We were about 20 yards behind. We walked up the paddock & searched about, & saw Johnston lying on his belly in

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east part of paddock.

    A few small prickly bushes about – the nearest about 2 yards from him. Ramsay was lying on top of him. Johnston’s trousers were down to his thighs and backside exposed. Ramsay was moving up & down as if he was on a woman with his trousers unbuttoned in front. We saw that when he rolled off. We were about 15 yards off when we saw them. Walked up to within 4 yards of them. Observed this motion about ½ a minute. We spoke, & Ramsay rolled off. I said that’s fine work you are at Bob (meaning Johnston). Ramsay then rolled off & turned over on his face.

    He put his hand over his person. Could not see it his person. Johnston said it was “the first time”.

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“I could not help it”. He said I came down to Frank (Wenham’s ? passim) & the old b----r muzzled him & got the best of him. Ramsay was close beside him when he said this. He said he could not get away from him – “If I was to be hanged for it I could not get away from him.” Johnson Morrow then told them that they ought to be ashamed of themselves. Johnston said it was not such, he only let him between the thighs. Ramsay then buttoned up his trousers. He rose from the ground & buttoned up his trousers. Johnston had turned round & sat on the ground.

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Then he got up & buttoned up his trousers & Ramsay walked away to his horse. We followed him, & left Johnston. Morrow told him we would send for the Police. Ramsay then said “Oh Dot I never thought you’d be so hard on me.” He goes by the name of Dot. Morrow asked was he not ashamed of himself. He said indeed I am ashamed of myself. He got on his horse & rode away and Morrow and I went home. We did not give information to the Police but told other parties. We never gave information to the Police. I took both prisoners to be quite sober.

    Cross-examined by Buchanan. I am no relation to either prisoner. Prisoner Johnston is Morrow’s uncle. I don’t know & don’t think he is any relation to Ramsay.

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    I did not hear of Morrow wanting to borrow money of Ramsay. I did not hear Ramsay say that Morrow did it because he would not lend him money. We went to watch them. We saw Ramsay only at first. But we expected him to meet Johnston, because it was reported in the town that they did the like. I followed with Morrow. Met Morrow by chance opposite public house. I said to Morrow let’s watch Ramsay to see what he does tonight. Ramsay just came out of the public house at that time. Ramsay’s horse was at the yard of Mr Davis storekeeper. He met Johnston behind Johnston’s ford [sic–forge ?]. He had not the horse at that time – got it afterwards at Davis’s.

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He met Johnston before he left the town. He met Johnston twice. We followed behind. I don’t think they saw us following. When Ramsay came out of public house he was 10 yards off us. He did not speak to us – I don’t know that he saw us – we were in middle of road. He at side. He passed us. We kept a good way behind him for about ½ a mile. There were some people on the road. Be In half a mile he got off his horse. He did not get his horse till he got to Davis. He walked past us. I did not say he walked all the half a mile. He got his horse at Davis’s. He dismounted Davis’s about 150 yards from the public house. He dismounted at half a mile. Davis keeps the Post Office. When Ramsay went into Davis’s

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we stood at on the road. Was there about 5 minutes. Did not hear him speak to any one there. We were about 20 yards away. Did not speak to us. He rode down the road & we followed – about ½ mile. Met people on the road. Then he dismounted. We stood. We (concealed ?) ourselves. Went into Hindmarsh’s paddock. We stopped there till we saw Johnston meeting Ramsay on the road. There is one (house ?) on the road beside where they were. They walked away together leading horse. We got on to the road & followed them – out of our sight. Did not see them go into the

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paddock. Hill to cross. Did not see them till we got into the paddock – not the same paddock. There were not many bushes in the paddock. 4 or 5 in the corner they were in where there was a little rise. From this place they could see any one in the paddock who was close enough. It is a 12 acre paddock about 400 yards long. We entered it at the gate – not in the middle. We could see the bushes from where we went in. I don’t know that any body there could see me. I am not so big as the bushes, some higher than me – not all – the only bushes in that corner. From those bushes I could not see a person at the gate. The bushes not smaller than me, lower some of them.

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I went to the bushes to see if I could see Ramsay & Johnston. Did not see them till within 15 yards from them. The bushes concealed them. We went round to the side they were on & saw them. Did not say any thing till I got within about 4 yards. There I spoke to Johnston. We did not look (stop to look) at all. When we spoke Ramsay rolled off on to his belly. We did not see his person. He took two rolls over. Put his hand on his person & lay there. The other turned over on his back & sat on his backside. He spoke to me after I spoke to him & said that was (fine ?) work he was at. He said it was the first time, he could not

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help it. Ramsay said nothing. Morrow said you ought to be ashamed of yourself. That was all that passed at that time. Ramsay went away to his horse. We followed him. Johnston was left behind. He had got up & we did not see where he went. He had got up & fixed up his trousers. I said I would tell the Police, but I did not – nor Morrow then. I spoke to the Police after they spoke to us. I spoke to several persons about it. I never spoke to any one until after the Police spoke to me. I don’t know what Morrow did. After the Police spoke to me I spoke to plenty of people about it. The Police spoke to me on Friday night. I did not speak to any one not till after Police spoke.

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I never saw Morrow again until the Friday night. I had no conversation with Morrow except what we had heard. I never had any quarrel with Johnston at Kiama or elsewhere. Friends ever since I knew him.

    Cross-examined by Clements. Morrow and I had great friends. Not friends enough for me to help him against Ramsay on account of his having a down upon them.

    We lost sight of them. We walked down the road till we saw Ramsay’s horse. We walked that way by chance. If we could see them, they could see us – if they were looking. I don’t know that they had seen us. Did not see Ramsay’s person

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though we could see his trousers unbuttoned. I did not report to the Police at once. We just wanted to see if it was true. I kept it to myself.

    Cross-examined by Stephen. There were two other men Phil Deitz ⁷ and Sam Johnson watching in another direction. They joined us at the gate where Ramsay had his horse. Ramsay present. Morrow told them all about it in Ramsay’s presence. But I don’t know that he heard it.

    Johnston Morrow. Jerringong. Live with my parents. I know the two prisoners – about 9 years. Early in April, 7th Monday about 8 pm saw occurrence. I had spoken to Henry Turner.

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We saw him in Jerringong at about ½ past 7 walking. Walked to Cooper’s at Jerringong, Maclean’s where his mare was. He rode down the road about ½ a mile – we followed him down. Then he dismounted & Johnston came behind & joined him. Walked down the road, & we lost sight of him. We walked down the road searching. Saw his mare by side of road. Searched about & found them in Mr Hindmarsh’s paddock. There had been two more with us. They went in one direction & we in another, to watch these men. We found them behind a little prickly bush 4 feet high & 4 or 5 yards wide. There were some more bushes

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just on the side. Place about 20 yards from road. From the road we could not have seen them unless they were standing up. We saw Ramsay on top of Johnston, Johnston lying on his belly. His trousers down to his thigh. His shirt put hanging over his stern. As soon as we found them Ramsay rolled off. Turner said This is a fine thing Bob. Ramsay rolled off on to his face. We were about 4 yards when we spoke. Ramsay rolled on to his face. Put his hand on to his private parts. Then he sat up – trousers open. Johnston replied to Turner – This is the first time. Turner said no not the 101st . Johnston said he was coming down to Frank Wenham’s, & he’d got the better of me.

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I said you ought to be ashamed of yourself. Johnston said it was not much as he only let him between his thighs. Ramsay got up & walked to his mare. We followed him down. I said I’d tell the Police. He said Oh Dot I did not think you could be so hard on me. We met the other 2 men at the gate. I said to Ramsay you ought to be ashamed of yourself. He said Indeed I am ashamed of myself. I came away home with Sam Johnson. Did not see where Ramsay went. I did not tell the Police. I told others & they told the Police.

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I had told Johnston of reports about him and cautioned him. Met (another ?) time about a week before.

    Cross-examined by Buchanan. Ramsay no relation of mine. I believe he has many. I never attempted to borrow money of him, and I don’t know that my father did. I first saw Ramsay up in the town that night. Turner, Sam Johnson & Phil Deitz and I were together. We separated. Henry Turner & I went one way & the two others another way. I had met Turner some time before, said nothing particular. Walked up the road together & then went into Phil Deitz’s shop & (three ?) others there. We saw Ramsay in Bob Johnston’s blacksmith shop.

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They came out. Ramsay went for his mare. Johnston did not go with him. We all four came out to watch them – we saw it. Ramsay went to Cooper’s to get his mare – near the Postmaster’s – not 20 yards. We saw Ramsay go before that to Mr Davis – only Turner with me then. The other two inside Deitz’s shop. When we saw Ramsay come out of the blacksmith’s shop we followed him. He got his mare at Mr Cooper’s & rode ½ mile down the road. We had separated then – two & two. Turner & I took left hand side of road, & the others the other. We were (beside ?) the paddocks. We left the road after about 300 yards. Till then all 4 together.

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Then they went into Keys’ paddock & we in Hindmarsh’s. We could not see them. Trees in Keys paddock in the way. There are trees in other paddock of Hindmarsh’s. There were no trees in the paddock in which we caught them. We did not hail the others when we caught the prisoners. We told them when they came to us. We did not call out Here they are or any thing of the kind. Did not know where they were. The prisoners were by a hill, but not on the hill, on the flat. The bushes were on the side of the hill – just a little hill. It was a flat paddock, only just in the corner where they were there was a little bit of a hill. They were on the hill. They were on the flat just on corner on hill.

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It was a moonlight night – full – a few clouds – I don’t know whether they could have seen us. We were looking about in this paddock. We could not see them from a long distance – lying down. We were about 4 yards off when we first saw them. No bushes between us when we saw them. We were walking in that direction & saw something white and we walked up & saw them. We walked straight up. I saw Johnston’s shirt hanging down over his stern. It was after Ramsay rolled off him that I saw this. Ramsay just rolled off on his face & then got up on his stern. He rolled off on to his face.

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He tumbled off (true-way ?). He got up on his stern – & then we see his hand over his person – Johnston also got up & sat on his stern. I daresay they sat there about 10 minutes. Johnston spoke & said – It was the first time &c &c &c. He said Ramsay muzzled him & got the better of him. Ramsay went away then. I did not say How could Ramsay do that? Before we left Johnston had stood up & done up his trousers. Johnston is a blacksmith. He lives with his father & mother. I did not tell the Police. I told Deitz & Sam Johnson & told my father. My father did not tell me he did not believe a word. He said it was a disgraceful thing.

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The Police only knew of it on Saturday, as far as I know.

    Cross-examined by Clements. I saw the two prisoners together in Johnston’s shop. It is an open shop – two rooms windows. One could see through the cracks, no back premises. It was about ¼ to 7. We peeped through the cracks, the door & windows that I peeped through. Only I peeped – no light in shop. I then walked up the road & met Henry Turner. I think they were just talking in the shop – standing up. I heard persons inside & looked through. I could swear positively it was those two men. Then Turner & I knocking about

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together & we saw Johnston. Johnston’s house about 50 yards from his shop. He went back into the shop. We four were standing at the saddlery shop – Deitz’s – & we saw Ramsay & Johnston come out of the shop. Johnston went down to his house & Ramsay went straight down the road to Mr Davis. Came back & then went & got his horse. I had been helping to unload a boat shortly before – Johnston working with me – I left first – He just behind me. It was about ½ past 6 when we came to the town. Ramsay got his mare from McLean’s the Coopers. I don’t know what Johnston was doing at that time. He had gone apparently to his own place. We were watching Ramsay. ½ a mile on Ramsay dismounted & stopped a bit. Johnston came up

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after Ramsay & joined us. We were hiding in corn. We did not want to be seen. We wanted to find out the truth of what was talked about in the town. We did not want Johnston to see us nor Ramsay. When Johnston joined Ramsay they walked off together down the road & we lost sight of them. Ramsay had stood off his horse about ¼ of an hour. We were in the corn about 9 yards off him. We followed & saw the mare & then we went into the paddock. Mare tied inside the fence, open fence. Johnston’s shirt was a white shirt. At a distance we could not see

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what the white was – whether a shirt or not.

    Cross-examined by Stephen. We first saw them at about 10 yards off & then at about 4 yards off we saw them. Ramsay was moving up & down.

    Dr John Caird. Duly qualified &c. Kiama. I examined the two prisoners on Saturday 12th of last month – in separate cells. The constable turned him over on his face – examined the anus. Observed a curious smoothness all about the anus – & a complete absence of hair. The contracting muscle of the anus sphincter (?) was

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completely wasted away, & (trumpet ?) like depression. They are signs of a habit of sodomy. I don’t believe recent sodomy would be discernible. If there had been a recent violence of attempt at sodomy there would have been signs. I looked for excoriation. I judge it to have been a constant practice. On the other person – the acting [sic–active ?] person – you would not expect equal signs. There was a contracted state of foreskin. The penis was pointed. The gland of the penis were was turned back. Connection with a woman would have the opposite effect. Foreskin almost as if circumcised.

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The signs were such as would indicate sodomy.

    Cross-examined by Buchanan. My experience not frequent. As a student I had some experience. The contraction of the sphincter (muscle ?) was wasted. I don’t know any other cause. The function of the sphincter (muscle ?) is to contract. This was dilated. I won’t say that a tumour might not do it. I never saw such a case. I don’t think it could. This not eaten away – as by a cancer or tumour. General debility might waste the muscle. Senile decay will. It would require a good number of years to do it as this was.

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Time may do it. I could say there was no tumour about him – I could not say there had been none. Piles would not do it. They are a venous tumour. He has no symptoms of piles. He might have had piles. The other man’s penis was also considerably wasted. There are cases occasionally without foreskin – not frequent. This penis was rather pointed & twisted downwards – that might be from (cordine ?) being contracted. But in this case the penis is not defective.

    Cross-examined by Clements. I was told the case was sodomy & that I was to

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examine for that. I knew nothing of the case before. If I were making a postmortem examination of a man suddenly dying I should not have looked there at all. If I had I should have thought the symptoms indicated sodomy.

    Buchanan to Jury. Theory may be reasonably (imputed ?) that the Morrows wanted money from Ramsay, & got the uncle Johnston to profess to be a party to this offence in order to create a purpose in him. ⁸ He little thinking he would be let into committal himself, Johnston lends himself to the conspiracy. Speaks of the medical evidence as that of a “fool”. Vehemently abused him.

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    Clements for Johnston. You must be satisfied of the fact of penetration of penis into the anus. There is no proof of this. Whole case trumped up. If they had made Johnston the actor & the old man the passive person would be more credible. Not to be believed that such an old man could do this.

    Stephens in reply. Defends the professional reputation of Dr Caird.

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The Jury retired for about 2 hours at 8.30 pm.

Verdict  – Guilty of attempt to commit sodomy

Henry Ramsay 3 years 3 years Parramatta Gaol, hard labour. 

Robert Johnston 3 years Bathurst Gaol, hard labour.

    Point reserved see within.

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The Sydney Morning Herald, Wed 14 May 1879 ⁹

CENTRAL CRIMINAL COURT.
TUESDAY. [13 May 1879]
(Before his Honor Sir WILLIAM MANNING.)

…

UNNATURAL OFFENCE.

    Henry Ramsey, 58, and Robert Johnston, 26, were charged with having jointly committed an unnatural offence at Gerringong, on April 7. Mr GM Stephen prosecuted for the Crown. Mr Buchanan,  instructed by Mr W Roberts, jun., appeared for Ramsey; and Mr Clementi,  instructed by Mr Murdoch, were assigned for the defence of Johnston. The witnesses examined were – Senior-sergeant Healey and Dr Caird, of Kiama; and Henry Turner and Johnstone Morrow. The prisoners, after the jury had retired for two hours, were found guilty of attempting to commit an unnatural offence, and remanded for sentence.

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The Sydney Morning Herald, Thu 15 May 1879 ¹⁰

CENTRAL CRIMINAL COURT.
WEDNESDAY. [14 May 1879]
(Before his Honor Sir WILLIAM MANNING.)

SENTENCES.

    Henry Ramsey, 58, and Robert Johnston, 26, found guilty on the previous day of jointly attempting to commit an unnatural offence, were brought up for sentence. Ramsey was sent to Parramatta gaol for three years with hard labour, and Johnston to Bathurst gaol for a like period.

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Henry Ramsey, Gaol photo sheet template ¹¹

 

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Gaol Photo Sheet - Transcribed Details

No. 2042
2948/79

Date when Portrait was taken: 26 April 1879

Prisoner's Name: Henry Ramsey

Native place: Ireland Year of birth: 1821 Arrived        Ship: Eliza in Colony }   Year: 1855 Trade or occupation previous to conviction  } Farmer Religion: C of E Education, degree of: R&W Colour of hair: Grey Colour of eyes: Blue Height: 5' 6½" Weight     On committal: 112 in lbs     }  On discharge:  Marks or Special Features:

Where and when tried: Sydney Criminal Court 13th May 1879 Offence: Attempt to commit an unnatural offence Sentence: 3 years HL Remarks:

(Previous Portrait ...  )  PRISON HISTORY

Where and When				Offence.	Sentence
	17	6	1879	Nil To Parramatta Gaol

  
~ ~ ~ ~ ~

Robert Johnson, Gaol photo sheet ¹²

 

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Gaol Photo Sheet - Transcribed Details

No. 2043
2949/79

Date when Portrait was taken: 26 April 1879

Prisoner's Name: Robert Johnson

Native place: Ireland Year of birth: 1853 Arrived        Ship: Hannah Moore in Colony }   Year: 1860 Trade or occupation previous to conviction  } Blacksmith Religion: C of E Education, degree of: R&W Colour of hair: Light brown Colour of eyes: Blue Height: 5' 11½" Weight     On committal: 172 in lbs     }  On discharge:  Marks or Special Features:

Where and when tried: Sydney Criminal Court 13th May 1879 Offence: Attempt to commit an unnatural offence Sentence: 3 years HL Remarks:

(Previous Portrait ...  )  PRISON HISTORY

Where and When				Offence.	Sentence
	17	6	1879	Nil To Parramatta Gaol

  

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¹    The Kiama Independent and Shoalhaven Advertiser, Fri 25 Apr 1879, p. 2.

²    SRNSW: NRS880, [9/6637], Supreme Court, Papers and depositions, Sydney, May 1879, No. 537. Emphasis added.

³    Mn: (?) was it said in the prisoner’s hearing

⁴    SRNSW: NRS7332, [2/5900], Judiciary, WM Manning, J. Notebooks Darlinghurst Criminal, 1876-81, pp. 58-94. Emphasis added.

⁵    The same spelling issue arises concerning the town now known as Gerringong. The judge throughout (with only one exception) uses the spelling Jerringong. I have followed his spelling, as I believe I have known that in its early days the town was spelled that way, just as ‘sergeant’ was once spelled normally ‘serjeant’, using ‘j’ to express the soft sound and ‘g’ the hard, as in ‘Jerringong’.

⁶    In the depositions, the younger prisoner is referred to throughout as Johnston, whereas in this document his name is spelled Johnson in almost every instance, with very few exceptions. This is further complicated by the names Johnson and Johnston appearing as one man’s given name and a third man’s surname. I was tempted to use Johnson for the prisoner, relying on the supposed sophistication of the judge, but decided eventually to align the Judge’s notes with the depositions for the sake of consistency.

⁷    The name Deitz is used in the depositions. In this document it is spelled variously as Dight, Deedes, and Deed. I am guessing that the spelling in the deposition is probably correct, foreign names being commonly mis-spelled by English speakers, and the name Deitz might sound like the other spellings if it were pronounced ‘’Dites’ or ‘Deets’ in court.

⁸    Mn: It is certainly well that I got a separate counsel to defend Johnstone

⁹    The Sydney Morning Herald, Wed 14 May 1879, p. 8.

¹⁰  The Sydney Morning Herald, Thu 15 May 1879, p. 7.

¹¹  SRNSW: NRS2138, [3/6043], Darlinghurst Gaol photographic description book, 1879- 1881, No. 2042, p. 5, R5100.

¹²  SRNSW: NRS2138, [3/6043], Darlinghurst Gaol photographic description book, 1879-1881, No. 2043, p. 6, R5100.

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