Depositions for Bartholomew Gough and Thomas Wright 24 Feb 1882 Sydney trial 1
1
(M., 11 and 12 Vic., Cap. 42.)
Depositions of Witnesses.
New South Wales, Penrith
TO WIT. }
The examination of Frederick Fowler of Penrith in the Colony of New South Wales, Serjeant of Police, Albert John Upton of Penrith Boarding House Keeper, Joseph Wade of Penrith Cook, John Nelan of Penrith a Minor and Owen Cornelius Brady of Penrith, in the said Colony, Doctor of Medicine taken on oath, this fifteenth day of February in the year of Our Lord one thousand eight hundred and eighty two at Penrith in the Colony aforesaid, before the undersigned, one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Bartholomew Gough and Thomas Wright, who are charged this day before me, for that they the said Bartholomew Gough and Thomas Wright, on the fourteenth day of February at Penrith in the said Colony, did commit and perpetrate that detestable and abominable crime of buggery.
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Police Office Penrith
15th February 1882
Bartholomew Gough and Thomas Wright
Sodomy
Sergeant Frederick Fowler on oath states: Last night about half past eleven o’clock, from information received, I proceeded to Albert Upton’s Boarding House, High Street Penrith. When there I was accompanied to a room by Albert Upton, when I saw the two prisoners now before the Court, and a person named Joseph Wade – this was a bedroom, having two small beds in it. Both prisoners were sitting on the bed. I told them to stand up, when I noticed the front of Wright’s trousers unbuttoned, I then and there charged them with having committed Sodomy (from information received and in the presence of Albert Upton) in reply to the Charge, Gough said “No”, and
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Wright said “No.” I turned round to Upton and said, “do you hear that?”, when he replied to them “I saw you.” I then brought prisoners to the lock up and sent from Dr Brady, the Government Medical Officer for the District, who came a short time after. I was present in the cell when he made an examination on Wright, first. Wright’s penus [sic] was wet and also his fundament, the front of his shirt tail was very wet, which I then tore off and now produce it. We then crossed to the other cell and examined Gough, whose penus point was also wet. When they were first in the Lockup Gough said to Wright, “You had no right to come near me.” Wright said “I won’t let the Dr see me.” I then confined them in the Lockup. Gough resides at Emu Plains, but don’t know where the other does.
[Signed] F Fowler.
Sworn at the Police Office Penrith 15th February 1882.
[Signed] J[ohn] K[ingdon] Cleeve, JP.
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Albert John Upton on oath states: I am a Boarding House Keeper, and reside in High Street, Penrith, and know both prisoners now before the Court. Last night about half past eleven o’clock, I heard a noise, and went to a bedroom, and there found the two prisoners. This room is attached to one end of the House and they could get in without going through the House, but through the gate into the yard. Up to this time they had no right in this bedroom – there are two single beds in this room, a passage between them. This is Joseph Wade, the Cook’s room, who was lying on one of the beds when I went in and not asleep. I look a lighted candle in with me, and thus saw both prisoners lying on their left sides, on one of the beds, Wright nearer the wall and Gough outside. Wright’s trousers were lowered down about half way of his thighs, exposing his behind, which was turned towards Gough, he was awake. Gough was also lying in the bed, his trousers unbuttoned, and his person outside in his hand, and within an inch or so of Wright’s fundament shaking it about. I cannot say that his person touched Wright’s fundament, the bed was a very narrow one, hardly room enough for one person, consequently they must have been lying close together.
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I said “This is a fine game you are carrying on there, clear out.” Gough jumped up and said, I believe, “Let it pass on this time,” at the same time pulling up his trousers. I then left to call the Police leaving Wright on the bed. I returned in a few minutes in company with Sergt Fowler, and heard him charge them with Sodomy, to which both answered “No”. The Sergt then said to me, “Do you hear that, Upton?” I said “Yes, I saw it,” meaning that I saw Gough’s person near Wright’s fundament. Wright does not live in my place, in Castlereagh or Hay Street. When I first went into the room and saw the prisoners they were very quiet and in my opinion Wright was a consenting party to Gough’s actions. Before I went for the police Wright pulled up his trousers, and when I returned with the Serjeant he was sitting on the bed, and when the Serjeant charged him his trousers were unbuttoned. When I accused them, neither made any complaint to me. I consider that they were a little under the influence of drink but not drunk.
Cross examined by Gough: It was bout 11 o’clock last night when you came up to me at my gate. You did not ask for a bed, nor did I say “Yes, go round to the little room
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at the back. I cannot remember that you gave me a shilling for a bed, but being excited you may have done so.
Cross Examined by Wright: It was after 11 when I saw you in bed, about 7 o’clock you were in my place, but tipsy.
Cross examined by Sergt Fowler: At the time of arrest he was sober enough, answered all questions put to him, & walked up to the Lockup.
By Wright: I have no malice or ill will in laying this charge against you.
[Signed] AJ Upton.
Sworn at the Police Office Penrith this 15th February 1882 before me.
[Signed] JK Cleeve, JP.
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Joseph Wade on oath states: I am a Cook and live with Albert Upton in Penrith and was living with him last night. I slept in my own room at Upton’s last night. I went to bed about ½ past 10 o’clock. There is another bed in the same room, and when I went to bed it was not occupied. I could not sleep before 2 o’clock for the noise in the yard. After I had been in bed about 10 minutes Wright came into the room and laid on the spare bed in his clothes. There was no light in the room at this time. Gough came into the room a few minutes after Wright and laid on the same bed with Wright. I did not hear any conversation between them. There was no light in the room and I could not see what they were doing. Wright was lying with his back to the wall, and Gough with his face towards me. I saw Upton come in with a light and they were still in the same position. I cannot could not see very plain what they were doing nor hear what they said. I was not in the room all the time. I did not see Wright’s trousers down at all. When he was told to stand up by the Sergt his trousers were unbuttoned. I did not leave the room between the time Upton left and returned with the police.
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I was in the room all the time from when Wright first came in till Upon came in with the candle. I heard Upton speak to them, but could not hear what he said. I did not hear prisoners make any reply to him. I heard no charge made by the Sergt.
Cross examined by Gough: Nil
Cross examined by Wright: Nil
[Signed] Joseph Wade.
Sworn at the Police Office Penrith this 15th February 1882 before.
[Signed] JK Cleeve, JP.
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John Nelan on oath states: I am Upton’s Stepson, and reside in High Street with my Stepfather. Last night between 10 and 12 o’clock I was in the Bake house, and saw the prisoners now before the court going into the bedroom door, where Joseph Wade the Cook sleeps. After they had been there 10 or 20 minutes I saw my Stepfather come out, go in again and get a light, and come out after with a candle, and went into Joseph Wade’s bedroom, and where prisoners were. I followed him and saw the two prisoners on the bed, both men lying together. Wright was lying inside with his face outwards. Gough was lying with his face towards Wright. Wright had his trousers unbuttoned and hanging about half way down. I could not see his bottom as I never looked. Gough had his trousers unbuttoned but I did not see his person. I then went outside the door. Upton said to them “This is a nice game you are carrying on.” Gough said that Wright came and laid on his bed and opened his trousers. Wright made no reply but lay on the bed.
Cross examined by Gough: After Upton went for the police my Brother and I went into the bedroom
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and we talked to Joe. I did not come from the bake house and go into the bedroom before Upton came in.
Cross examined by prisoners: Nil.
By the Bench: After they first went into the room they were talking to each other quietly, but could not hear what they said.
[Signed] John Nelan.
Sworn at the Police Office Penrith this fifteenth day of February 1882 before.
[Signed] JK Cleeve, JP.
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Owen Cornelius Brady on oath states: I am a duly qualified Medical Practitioner practising in and residing in Penrith and Government Medical Officer for this District. I was called last night about 12 o’clock by the Police and on arrival at the Police Station examined prisoner Wright in the presence of Serjeant Fowler. I first examined his front privates and found the penus somewhat limp and moist, the moisture representing Semen. On putting back the foreskin I found all underneath very wet. The lower part of the abdomen and the hair over the pubes very wet, the lower part of the tail of his shirt was wet with sticky fluid, emitting the well known odour of human Semen.
I then examined the Anus and back part of the thighs and found the cheeks of the Anus smeared over with gluy [sic] fluid resembling Semen. The Fundament was in a more relaxed state than natural, and more red than natural, also moist, not like excrement. I cannot state from my examination that penetration had taken place, but the Fundament was very relaxed and in a flabby state. This relaxed state was very likely to have taken place from some foreign substance being brought against it, such as an
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erect penus. He is in good health and not suffering from any relaxation. I think he was sober. I cannot tell what was the wet substance on his shirt, only from the odour, unless it were under microscopic examination. I afterwards examined Gough in Sergt Fowler’s presence. On examining his penus I found the glands [sic] a little more red than usual, and a little gluy moisture under the foreskin. I found no trace of Semen or discharge on his shirt. His fundament was in a normal state, different to Wright’s.
Cross examined by Gough: Nil.
Cross examined by Wright: You did not tell me last night that you had an abscess on your fundament, nor did I see any. The moisture on your shirt smelt more of Semen than Mucous discharge.
[Signed] Owen Cornelius Brady.
Sworn at the Police Office Penrith this fifteenth day of February 1882 before.
[Signed] JK Cleeve, JP.
13
(N., 11 & 12 Vic., Cap. 42}
Statement of the Accused.
New South Wales, Penrith
TO WIT. }
Bartholomew Gough and Thomas Wright stand charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this fifteenth day of February in the year of Our Lord one thousand eight hundred and eighty two, for that he, the said Bartholomew Gough on the fourteenth day of February at Penrith, in the said Colony, in and upon the said Thomas Wright feloniously did make an assault and then feloniously, wickedly and against the order of Nature had a venereal affair with the said Thomas Wright with his consent and then feloniously, wickedly and against the order of Nature with the said Thomas Wright did commit and perpetrate that detestable and abominable crime of Buggery and the examinations 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, but 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 Bartholomew Gough and Thomas Wright, and the witnesses for the prosecution Serjeant Frederick Fowler, Albert John Upton, Joseph Wade, John Nelan and Owen Cornelius Brady being severally examined in their presence, the said Bartholomew Gough and Thomas Wright 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 Bartholomew Gough and Thomas Wright saith as follows:– Nothing.
Taken before me at Penrith in the said Colony, the day and year first above mentioned.
[Signed] JK Cleeve, JP.
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Bartholomew Gough and Thomas Wright stand committed to take their trial at the first Court of Gaol Delivery being held at Darlinghurst or at such other place and time as the Hon the Attorney General may deem fit.
[Signed] JK Cleeve, JP.
Police Office Penrith.
15th February 1882.
Bail allowed each in £100 and 2 sureties in £50 each or one in £100.
Penrith 15th February 1882.
[Signed] JK Cleeve, JP.
15
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence
New South Wales, Penrith
TO WIT. }
Be it remembered, That on the Fifteenth day of February in the year of Our Lord one thousand eight hundred and eighty two Frederick Fowler a Serjeant of the Police Force, Albert John Upton of Penrith in the Colony of New South Wales, Boarding House Keeper, Joseph Wade of Penrith in the said Colony, Cook and Owen Cornelius Brady of Penrith in the said Colony, Doctor of Medicine 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.
Taken and acknowledged the day and year first above mentioned at Penrith in the said Colony, before me.
[Signed] JK Cleeve, JP.
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The Condition of the within-written Recognizance is such, that whereas Bartholomew Gough and Thomas Wright were this day charged before John Kingdon Cleeve Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with Sodomy. 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, now sitting, 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 Bartholomew Gough and Thomas Wright for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Bartholomew Gough and Thomas Wright Then the said Recognizance to be void or else to stand in full force and virtue.
[Signed] JK Cleeve, JP.
17
(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Penrith
TO WIT. }
Be it remembered, That on the Fifteenth day of February in the year of Our Lord one thousand eight hundred and sixty eighty two Albert John Upton of Penrith in the Colony of New South Wales, Boarding House Keeper for John Nelan 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.
Taken and acknowledged, the day and year first above mentioned, at Penrith, in the said Colony, before me.
[Signed] JK Cleeve, JP.
The Condition of the within-written Recognizance is such, that whereas Bartholomew Gough and Thomas Wright were this day charged before John Kingdon Cleeve, JP Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with
Sodomy
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, now sitting, 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 Bartholomew Gough and Thomas Wright for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Bartholomew Gough and Thomas Wright Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] JK Cleeve, JP.
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[On the depositions’ cover sheet is the following]
Central Criminal Court
13th February 1882
No. 50
Depositions.
Regina No. 28
v.
Bartholomew Gough
and
Thomas Wright
Sodomy
Committed at: Penrith
on: 15th February 1882
~ ~ ~ ~ ~
Sodomy
[Initialled] R[obert] W[isdom]
5/2/82 AG
For trial at Central Criminal Court now sitting
[Initialled] RW
~ ~ ~ ~ ~
Justice JGL Innes’s Notebook 2
48
Darlinghurst CCC
Friday 24th February ‘82
Sat for Windeyer J. who was engaged as a witness in some criminal case at the Police Office.
| Regina v | | | Sodomy |
| Bartholomew Gough | | | (A.) |
| & Thomas Wright | | | (P.) |
Plea – Not Guilty
Undefended – Mr Nash, at my request, the prisoners stating that they are entirely without means & desiring that I would assign
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Counsel, appears for their defence.
Heydon, for Crown.
Frederick Fowler. Sergeant of Police at Penrith. On night of 14th February 1882, Tuesday, I received certain information at Police Station a few minutes after 11 from a boarding house keeper named Upton. I went with him to his house – & up to a bedroom at the back – in that room (Upton had a lighted candle) there were two single beds one on each side of room. I saw there the 2 prisoners & a third man Cranky Joe (Wade). The two prisoners were sitting on
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the two beds. I said Stand up – they did. I noticed Wright’s trousers were unbuttoned in the front – I then charged them with sodomy – Gough said no & Wright said no – I said to Upton do you hear that. He said yes I saw him. I then brought them to the lockup – Upton followed – I sent for Dr Brady – he came soon after – he examined the prisoners. They were in separate cells – Dr went into Wright’s cell first – he examined him in my presence – his penis was wet.
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His fundament was wet also – the shirt was also very wet – I produce the shirt – then Dr examined Gough – I noticed his penis was wet – Gough had said before I brought them into the cell you should have kept away from me (while we were waiting for Dr) Wright said Bring the Dr – The Dr examined the shirt.
Sydney News, Wed 15 Jun 1887, p. 32. Reproduction: Peter de Waal
Albert John Upton. – Boarding house keeper at Penrith – High St – On night of Tuesday 14 February last about 11.30 I heard a sort of
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rumbling noise – it came from one of the bed rooms – I got a light & walked up to the room – the two prisoners were in it – it was a bedroom. When I went in there was no light burning – the two men were on one bed – there are two beds in the room – single beds – a third man Joseph Wade was in the room, he was on the other bed – his own bed – he was cook for me – the two prisoners were lying on the bed – Wright’s f---- parts to
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Gough, his clothes down half way to the knees – Gough’s trousers were unbuttoned. Gough was lying at Wright’s back – I could see his naked body – part of it – his backside – the two men were not in the bed, they were on top of it – I saw Gough’s p-----s in his hand – I can’t say whether erect or not – I didn’t see him doing anything – the room was on the ground floor. I said what kind of a game
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is this you’re carrying on – Gough jumped up & said “For God’s sake don’t tell the Police but let me pass this time” – he walked out with his trousers unbuttoned. Wright said nothing – I went to the Police Station & saw Sergeant Fowler & brought him back – we went direct to ye 3 room – the two prisoners were there sitting down on the two beds – one on each – Wright was still unbuttoned – the other man buttoned up.
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Wright was on the bed when I had left – I was only away 10 or 15 minutes at the very outside – The two prisoners were not lodgers – I had known them before – that night they had no right there. Gough had lodged with me before – maybe a month before.
To me. They were under the influence of liquor.
Cross-examined by Nash. I was in my own home when I first heard the noise – about half the length of the Court – it was a rumbling noise – that was the only reason
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why I went – I walked through a passage connecting this room with the one I was in. Wade appeared to be awake. Their backs were towards me when I walked in – Gough rose up when I spoke, but Wright did not nor did he speak. I saw his face right enough – he pulled his trousers up – the bed on which they were was close to the door – only a yard – on the right hand side as you enter – I saw them Gough about 10.30 at the Hotel at the corner – not
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many yards off – I saw he was pretty well under the influence of liquor – Wright was also at the hotel about that time – he had every appearance of being under the influence of liquor but was capable of walking home – I didn’t know either of them was there.
To Heydon. I don’t know Wade to have any nickname – he has been cook for me for 6 months – he is of weak intellect.
To me. Gough is quarryman – Wright is a painter – Gough in Emu Plains – Wright at Penrith.
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Joseph Wade. Cook for Upton – On night of 14 February last I was in my bedroom – in bed – Wright came in first – about between 11 & 12 – he lay on the other bed – close by the wall – About 10 minutes afterwards – a few minutes after – Gough came. It was a clear starry night – room quite light – Gough went & lay down on the same bed as the other man – I couldn’t see what they were doing – Upton came in after about half an hour – I could see them plainly enough. I was
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watching them all the time. Gough was on the edge of the bed with his face to the window & his back to Wright – Wright’s face to him – I was lying down all the time & the beds were very low so I couldn’t see anything – When Upton came in he said you must pay for your bed – they said we have no money – he said what are you doing here? I did not hear Sergeant say anything. Upton charged them – they said they were not guilty of it – I remained there after Upton went out & till the Sergeant came –
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they remained together on the bed till just before the Sergeant came in – I am sure of that, for I was there all the while – It was nearly one o’clock when I got to sleep when they left – I never saw anything wrong.
Cross-examined by Nash. I heard Gough say let it pass this time, but that was in answer to Upton’s asking for the money – When Gough Wright came in first he fell against the washstand & broke a piece of the jug – he wasn’t sober – I saw nothing wrong.
To Heydon. Upton said what are you doing this thing for? But I did not
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know what he meant.
John Nelan. Stepson of Upton – 12 years old – I saw the two prisoners between 10 & 11 I think on that night, 14 February – Wright went into the room, where the cook sleeps, first – Gough about 10 or 20 minutes afterwards went in there two [sic] – they were neither drunk nor sober – Afterwards Upton went in & I followed him immediately after him – Gough said jumping up “Oh for God’s sake let it pass” – Upton said “This is nice games you’re carrying on here.” – Wright had his back to the wall & Gough was to his face.
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I think Wright was lying on his back & Gough like on the top of him – Wright’s trousers was half ways down – Gough had all his buttons undone except the top one – They both stayed there – Wright on the bed – Gough standing up – I went outside – & Upton went for the Police.
Cross-examined by Nash. Upton & I have talked about this – not what we were going to say, but only when the case was coming on – nor have I talked to the cook – I didn’t hear Upton say anything
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about paying for their bed, nor Gough say he had no money.
Owen Cornelius Brady. Legally qualified medical practitioner at Penrith – on night of 14 February (about 12 o’clock) I went to the lockup & saw the two prisoners there. I examined them both – Wright first – they were in separate cells – both perfectly sober then in my opinion – Wright’s privates were very moist – penis flabby & shrunken – a glary discharge resembling semen – & the hair over the pubes also moist – his shirt was also moist & smelling of semen – every appearance of recent discharge of semen from himself.
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I examined his anus – the rectum was more open than natural – very moist state & edges slightly congested more red than normal – the moisture was not from fecal [sic] discharge – inner part of the thighs were also wet – every appearance of some foreign body having been brought violently in contact with those parts – this is the shirt – I examined Gough – his glans penis was more red than normal. His rectum was in normal condition – slight moisture on the glans penis – none on the clothes though I looked carefully for it.
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Cross-examined by Nash. Might have examined with microscope, regret I didn’t, but I have no doubt the moisture couldn’t possibly have been water, either urine or perspiration.
Sergeant Fowler recalled. Gough had a pound note on him.
Upton recalled by Nash. He Gough may have given me a shilling – that evening or in the daytime – but not then – I will not swear whether he did or not – I was so excited at seeing them commit this offence that I cannot recollect – he may have given me a shilling – that would have been the charge for the bed – it was not a
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stretcher – it was about 2 feet 4 wide – not so wide – I never said anything about paying – I heard Wade say it, but it is not the fact.
Upton, who appears excitable & red in the face & generally unstable in manner, says in answer to me that he was sober then, & in answer to my enquiry as to his general habits of sobriety refers me to Sergeant Fowler who says he is generally a steady man, but sometimes a very unsteady one.
Nash to the Jury – a very nice, quiet, intelligent, & argumentative speech.
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Summing up – No sufficient proof of capital charge – strong case of attempt. Upton’s evidence & the Doctor’s.
Jury retire at 12.10. At 12.30 return with
Verdict – Not Guilty.
Prisoners Discharged.
~ ~ ~ ~ ~
Evening News, Fri 24 Feb 1882 4
CENTRAL CRIMINAL COURT.
————
SECOND COURT.
(Before His Honor Sir George Innes,)
UNNATURAL OFFENCE.
Bartholomew Gough and Thomas Wright were indicted for committing an unnatural offence with one another at Penrith on the 14th February. The prisoners pleaded not guilty, and were defended by Mr Nash. The evidence was of a most revolting character, and totally unfit for publication. The jury found both prisoners not guilty, and they were discharged.
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The Sydney Daily Telegraph, Sat 25 Feb 1882 5
LAW INTELLIGENCE.
CENTRAL CRIMINAL COURT.
FRIDAY, FEBRUARY 24.
(Before His Honor Sir George Innes.)
The Court opened at 10 o’clock.
UNNATURAL OFFENCE.– Two men named Bartholomew Gough and Thomas Wright, were charged with committing an unnatural offence. Mr Heydon prosecuted for the Crown; Mr Nash, by direction of his Honor, appeared for the prisoners. The jury brought in a verdict of not guilty. The prisoners were thereupon discharged.
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The Sydney Morning Herald, Sat 25 Feb 1882 6
CENTRAL CRIMINAL COURT.– FRIDAY [24 Feb 1882].
…
SECOND COURT.
(Before his Honor Sir GEORGE INNES.)
Mr Heydon (instructed by the Crown Solicitor) conducted the cases on behalf of the Crown.
ALLEGED UNNATURAL OFFENCE.
Bartholomew Gough and Thomas Wright, two men, were arraigned on a charge of having committed an unnatural offence at Penrith, on the 14th February. The prisoners pleaded not guilty, and were defended by Mr Nash. The jury found both prisoners not guilty, and they were discharged.
1 SRNSW: NRS880, [9/6678], Supreme Court, Papers and depositions, Sydney, Feb 1882, No. 50. Emphasis added.
2 SRNSW: NRS6223, [2/4539], Judiciary, JGL Innes, J. Notebooks Criminal Causes, 1881-95, pp. 48-67. Emphasis added.
3 Archaic use by judge of ‘ye’ for ‘the’. Subsequent appearances transcribed as ‘the’.
4 Evening News, (Sydney, NSW), Fri 24 Feb 1882, p. 3.
5 The Sydney Daily Telegraph, Sat 25 Feb 1882, p. 7.
6 The Sydney Morning Herald, Sat 25 Feb 1882, p. 10.