The Pastoral Times, Sat 3 Nov 1883 ¹

DENILIQUIN POLICE COURT.

…

FRIDAY, NOVEMBER [1883]
(Before the Police Magistrate) [Rudolf Roxburgh Morisset ]

    Charles Bushby was charged with attempting to commit an unnatural offence upon a boy named Alexander Murray, about nine years of age, on Thursday night. The evidence of Sergeant Rowe, Dr Noyes [sic], Constable Geraghty, and the boy Murray was taken; and the Police Magistrate considered there was a prima facie case made out. The accused was therefore committed for trial at the next Circuit Court, the date of which has yet to be fixed. The evidence disclosed some revolting details, and is unfit for publication.

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Riverine Herald, Fri 9 Nov 1883 ²

DENILIQUIN POLICE COURT.
———◦———
FRIDAY, 2nd NOVEMBER.
(Before the Police Magistrate.)

    Charles Bushby was charged with attempting to commit an unnatural offence on a boy, 9 years of age, named Alexander Murray on Thursday night last. Sergeant Rowe, Mr Noyes, Murray,, and Constable Garaghty gave evidence, and accused was committed for trial at the Assizes, to be held in April.

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Depositions for Charles Bushby 18 Apr 1884 Deniliquin trial ³

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

Depositions of Witnesses.

New South Wales, Deniliquin
TO WIT.                                }

The examination of George Rowe of Deniliquin in the Colony of New South Wales, Sergeant of Police, Alexander Murray, Dr Alfred William Finch Moyes and John Garraty [sic] of Deniliquin, in the said Colony, taken on oath this second day of November in the year of Our Lord one thousand eight hundred and eighty three at Deniliquin 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 Charles Bushby who is charged this day before me, for that he the said Charles Bushby, on the first day of November at Deniliquin in the said Colony, did feloniously attempt to commit the abominable crime of buggery [on] one Alexander Murray.
[Signed] Rudolf Roxburgh Morisset PM.

1

Charles Bushby
Attempting to commit buggery on one Alexander Murray.
before RR Morisset Esquire
Police Magistrate
Court House
Deniliquin
2nd November 1883.

    Charles Rowe being duly sworn saith:– I am Sergeant of Police stationed at Deniliquin. A little before 8 o’clock last night Detective Wilmot came to the Police Station Deniliquin and told me something. In consequence of what Wilmot told me I went to the bank of the Edward River about a hundred yards from the Police Station between the Station and a house where a man named Dan Hayes lives. Detective Wilmot and Constable Geraghty accompanied me. I went down the bank of the river close to the water and found the prisoner lying on a swag which was only partly

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unrolled. The swag was not all opened out. I struck a match and saw that the front of the prisoner’s trousers were all open. I said to the prisoner “What are you doing here?” Prisoner said “I have come to have a lay down.” Prisoner then said “If you think I have committed any offence take me out and give me five bloody years.” Prisoner said “I like a woman as well as any man, and I would give pound to have a night with one. I don’t believe in boys.” Prisoner again said “If you think I have committed any offence take me and give me five years.” I then left the prisoner standing on top of the bank with Constable Geraghty; and went and had a conversation with a boy named Alexander Murray in company with Detective Wilmot. From what the boy told me I at once arrested the prisoner and charged him with the crime of attempting to commit buggery on the boy

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named Alick Murray. I then sent the boy in charge of Constable Geraghty to Dr Moyes to be examined. When I arrested and charged the prisoner with the offence he said “Take me and give me five years. I know that is what I will get. You will never be able to prove the full charge against me.” I cautioned the prisoner on the way to the lock up. the prisoner said he knew he would get five years and that any man who would do such a thing deserved it. On searching the prisoner at the lock up I found amongst other things a white handled pocket knife with two blades. The knife produced marked “A” is the one. I then went for Dr Moyes and had the prisoner examined in the lock up. While the prisoner was standing on the bank of the river before he was charged with the offence he said “I have been in gaol before and I can do it again. I am an old gaol bird.

    To the Bench: When I found the boy he was about forty yards from

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 the prisoner, the boy was trying to catch a goat. The prisoner had been drinking but he knew perfectly well what he was doing. I never saw the prisoner before.

[Signed] George Rowe.

Taken and sworn before me at Deniliquin this 2nd day of November 1883.
[Signed] RR Morisset, PM.

5

    Alexander Murray being duly sworn saith:– I am the son of James Murray. I live with my father in Deniliquin. I saw the prisoner last night near a hut not far from Dan Hayes’s place, I had been to Dan Hayes’s place for a goat and I was leading it home when I saw the prisoner. The prisoner asked me to go down the bank of the river with him and I went down the bank of the river with him. Prisoner said to me first “Where do you take your nanny goats to?”, and I said “I have to take them to Gannon’s.” Prisoner said to me “Do you have to go home all night?” and I said “Yes, I had.” Prisoner then said to me “I will give you a real good pocket knife if you will stop with me for a few hours.” I said, “I will not stop for a few minutes.” The prisoner then threw laid me down hard on the swag and hurt the back of my head. The prisoner then crossed my legs and put his tool between my legs. The prisoner opened my trousers at the time he

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crossed my legs. The prisoner got on top of me and put his tool between my legs and shoved hard. The prisoner stopped on the top of me about two minutes. The prisoner gave me a knife before he got on top of me, and took it away from me after he got off me. The knife produced is the knife the prisoner gave to me and took away again, it had a white handle, and two blades. The prisoner took the goat I was leading away from me and let it go. Two men came and spoke to the prisoner before he committed the offence on me, one of them afterwards took me to Dr Moyes’s. After the prisoner committed the offence on me he said to me he said “Don’t tell anyone what I have done.”

    To the Prisoner: I was lying on my back.

[Signed] Alexander Murray.

Taken and sworn before me at Deniliquin this second day of November 1883.
[Signed] RR Morisset PM.

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    Alfred William Finch Moyes being duly sworn, saith:– I am a legally qualified Medical Practitioner practising in Deniliquin. At about half past eight o’clock yesterday evening I was called upon by the police to go to the lock up and examine the prisoner now before the court. I did so and found the penis abnormally enlarged the point of which was very reddened and on the end of the urethra there was semen and also stains of semen on his trousers. The prisoner made a rambling statement, stating that he had not done any harm. The prisoner appeared to have been drinking. Judging from the appearance of the penis of the prisoner, I am of an opinion that the prisoner must have had connection with someone a very short time before I examined him. I afterwards examined the last witness Alexander Murray at my house. The offence of buggery had not been committed on the boy. I examined his clothes. There were stains on the clothes

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(on the trousers) which I believe to have been semen. The stains were damp. The prisoner was the worse for liquor, but he was not stupidly drunk, he knew what he was talking about.

[Signed] Alfred WF Moyes.

Taken and sworn before me at Deniliquin this second day of November 1883.
[Signed] RR Morisset, PM.

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    John Geraghty being duly sworn saith:– I am a Constable stationed at Deniliquin. I know the prisoner and the witness Alexander Murray. When I first saw them it the prisoner, and Alexander Murray it was about half past seven yesterday evening, it was getting a little dark at the time. I saw them on the bank of the river, between the Police Station and a place where a man named Dan Hayes lives. I had a conversation with prisoner. I asked said to him, “What are you doing there?” Prisoner said “I have camped here. I want to make a billy of tea.” After this I said to the boy “What is your name?”, and he said “Murray.” I said to Murray “What brought you here?” and he said “This man (pointing to the prisoner) asked me where to show him where to camp and I brought him to the bank of the river.” When I came to where the prisoner and Murray were the prisoner had just commenced to open his swag.

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Bother the prisoner and Murray were sitting down together, down the bank of the river. I then went away and shortly afterwards retuned with Sergeant Rowe. I heard the prisoner say that he had been in gaol, that he had been lagged. I heard the prisoner say that he liked a woman as well as any man and that he was willing to pay for it, but that he did not believe in boys. I heard the prisoner say “If you think I have committed any offence you can give me five years.” I afterwards took the witness Murray to Dr Moyes.

[Signed] John Geraghty.

Taken and sworn before me at Deniliquin this second day of October November 1883.
[Signed] RR Morisset, PM.

    Committed to take his trial at the next Circuit Court to be held at Deniliquin (date not yet fixed).
[Signed] RR Morisset, PM.

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

Statement of the Accused.

New South Wales, Deniliquin
TO WIT.                                }

Charles Bushby stands charged before th undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this second day of November in the year of Our Lord one thousand eight hundred and eighty three for that he, the said Charles Bushby did on the first day of November at Deniliquin, in the said Colony, did feloniously attempt to commit the abominable crime of buggery on one Alexander Murray. And the examination of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise or favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said Charles Bushby, and the witnesses for the prosecution Sergeant George Rowe, Alexander Murray, Dr AWF Moyes, being severally examined in his presence, the said Charles Bushby is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said Charles Bushby saith as follows:– “I am not guilty.”

Taken before me, at Deniliquin, in the said Colony, the day and year first above mentioned.
[Signed] RR Morisset, PM.

12

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

New South Wales, Deniliquin
TO WIT.                                }

Be it remembered, that on the second day of November in the year of Our Lord one thousand eight hundred and eighty three George Rowe a Sergeant of the Police Force, Alexander Murray of Deniliquin in the Colony of New South Wales, a boy, Alfred WF Moyes of Deniliquin in the said Colony, Surgeon, and John Gerrity of Deniliquin in the said Colony, Constable personally came before the undersigned one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledge 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 abovementioned, at Deniliquin in the said Colony, before me.

[Signed] RR Morisset, PM.

The condition of the within written Recognizance is such, that whereas Charles Bushby was duly charged before Rudolf Roxburgh Morisset Esq. one of Her Majesty’s Justices of the Peace for the said Colony, with feloniously attempting to commit the abominable crime of buggery.

If therefore, they the before mentioned persons shall appear at the next Circuit Court to be holden at Deniliquin, in and for the Colony of New South Wales, on a date to be hereafter fixed 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 Charles Bushby for the offence aforesaid to the Jurors who shall pass upon the trail of the said Charles Bushby.

The said Recognizance to be void, or else to stand in full force and virtue.
[Signed] RR Morisset, PM.

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[On the depositions’ cover sheet is the following]

In the Circuit Court
Deniliquin
April 1884
AG’s No. 84/1
Depositions.
CS’s No. 1
The Queen
against
Charles Bushby
Attempt to commit Sodomy
See within [illegible] AG
Committed at: Deniliquin
on 2nd November 1883

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Deniliquin
1 to 4 Cases.
18th April 1884

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Attempt to commit an Unnatural offence

[Initialled] W[illiam] B[ede] D[alley] AG
7/11/83

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Justice WC Windeyer’s Notebook ⁴

93

[Deniliquin, 18 April 1884]
Charles Bushby
S. 59 Buggery with Alexander Murray
S. 60 Indecent Assault

    George Rowe. Sergeant of police. Remember night of 1st November. In consequence of information went to the bank of river near the Police station. Saw prisoner close to water’s edge about 8. Asked what he was doing there. He said I’ve come for a lay down. If you think I have committed any offence take me & give me 5 b----- years. I cautioned him. I was not in uniform. He repeated what he (had ?) said about taking him. I noticed his trowsers (were ?) open in front. I (?) a (?). I took him to the top of the bank. Prisoner said I like a woman as well as any man & I would give a £1 to (have ?) a night with one. He said he did not believe in boys. There was a boy Alexander Murray 40 yards away. He was trying to catch a (goat ?). I spoke to him & I then arrested prisoner

94

on a charge of attempting to commit buggery on Alexander Murray. I sent the boy to Dr Moyes. I found a white handled knife on prisoner who on way to lockup said I’ll get 5 years for this & any man who does such a thing deserves it but you will never be able to prove such a thing.

    Cross-examined.

    James Murray. Father of Alexander Murray. He was born on April 30/1874.

    Alexander Murray. Saw prisoner before on night I saw Sergeant Rowe down by Mr Hoskin’s (hut ?) about 200 yards from the river about 8 pm. I was fetching a goat home. He asked me to stay with him for 2 or 3 hours. I said no I could stay for 2 or 3 minutes.

95

He said he would give me a real good pocket knife. He (shewed ?) (me ?) the knife produced. I went down to the river with him. Some men came. They went away. He then put me down on his swag & undid my breeches. He put his thing between my legs. I was on my back. He got on top of me. He stopped on top of me. He gave me the knife & when I was going away took it back from me. He told me to give it back to him. I saw two more men. Garrity [sic] took me to Dr Moyes. Prisoner told me not to tell any one.

    Cross-examined. Prisoner asks (some ?) questions.

    John Garrity. Constable. Remember 1st November. Saw boy about 7.45 in company with prisoner on bank of river, 4 or 5 (feet ?) down. Took the boy to Dr Moyes.

96

    AF Moyes. LQMP [Legally qualified medical practitioner] Saw Alexander Murray on 1st November. Examined him. Found marks on his trowsers. I believe it was semen. Examined the boy. No marks of violence on him. Saw prisoner. Found traces of semen on him. Prisoner says he was in liquor & did not know what he was doing.

Verdict. Guilty of indecent assault.

Sentence. 5 years penal servitude, to be whipped once, 25 strokes this day (?) next Friday fortnight the 9th May.

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The Pastoral Times, Sat 19 Apr 1884 ⁵

DENILIQUIN ASSIZE COURT.
FRIDAY, APRIL 18, [1884]
(Before His Honor Mr Justice Windeyer).

    The criminal business was commenced as above at 10 o’clock; Mr A Gordon acting as Crown Prosecutor.
…

UNNATURAL OFFENCE.

    Charles Bushby was charged with committing an unnatural offence upon a boy named Alexander Murray. In a second count he was charged with committing an indecent assault. He pleaded not guilty.

    The following jury was sworn:– WH Crowe, Thomas Hanson, Ewen Robertson, Daniel Ryan, John McGrath, B Doyle, Daniel Maher, WS Crump, John Gwyder, A Ormiston, JM Chanter, and G Milgate.

    The following evidence was taken.

    George Rowe deposed he was Sergeant fo Police. He saw the prisoner on the bank of the Edward River on the night of the 1st November [1883]. In reply to questions he said he went there he [sic] down and that if witness thought he had committed any offence he could take him and give him five years. He was slightly under the influence of liquor. The boy Murray was about 40 yards away. After having a conversation with the boy, witness arrested the prisoner and charged him with the offence. Witness sent the boy with Constable Geraghty to Dr Noyes [sic]. Then took prisoner to the lockup. Then brought Dr Noyes who examined the prisoner. On the way to the lockup prisoner said he knew he would get five years, but they could not prove the full charge against him.

    James Murray deposed he was the father of the boy Alexander Murray. The boy is under ten years of age.

    Alexander Murray deposed he was ten years of age, and then gave evidence as to the commission of the alleged offence.

    Constable Geraghty and Dr Noyes also gave evidence.

    The jury found the prisoner guilty on the second count, viz., that of indecent assault; and he was the sentenced to imprisonment for five years, and to receive twenty-five lashes on Friday next.

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The Pastoral Times, Sat 26 Apr 1884 ⁶

    THE LATE CIRCUIT COURT.– Of the three prisoners sentenced at the late court two are to be removed to Berrima, and the third, Cordene, who was sentenced to death for the murder of the hawker near Pretty Pine in October last, will remain in Darlinghurst gaol pending the final consideration of his case by the Executive Council. The man Mahoney who was sentenced to three years imprisonment for horse stealing asked that he might be sent to a gaol where he could learn a trade during the period of his detention, and His Honour granted his request, so that instead of being sent to Albury, as first contemplated, he will be forwarded to Goulburn as soon as he has served the usual period at Berrima which is allotted to prisoners sentenced to three years and over. The brute Bushby who was sentenced to five years imprisonment and one flogging of 25 lashes will receive the latter punishment at Berrima on Friday, May 9, instead of at Deniliquin as first ordered. His Honour made the necessary alteration in the sentence before leaving Deniliquin on Saturday last. Bushby is in a state of abject terror respecting the “cat”; and is said to have expressed a wish for an additional ten years imprisonment instead of the wholesome “dowry” of twenty-five strokes of the lash ordered.

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Charles Bushby, Gaol photo sheet ⁷

 

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Gaol Photo Sheet - Transcribed Details

No. 268
Berrima

Date when Portrait was taken: 18 June 1884

Name: Charles Bushby

Native place: England Year of birth: 1841 Arrived       Ship: not known in Colony }   Year: Trade or occupation previous to conviction     } Laborer Religion: C of E Education, degree of: R & W Height: 5' 8" Weight     On committal: in lbs     A On discharge: Colour of hair: Brown Colour of eyes: Grey Marks or special features: Scar on upper lip. Scar on forehead

Where and when tried: Deniliquin CC. 18 April 1884 Offence: Indecent assault Sentence: 5 yrs Penal Servitude and 25 strokes Remarks: Whipping to be carried out on the 9 May 1884

(No. of Previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
				None recorded

 

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¹  The Pastoral Times (Deniliquin), Sat 3 Nov 1883, p. 3.

²  Riverine Herald, (Echuca, Vic; Moama, NSW), Fri 9 Nov 1883, p. 2.

³  SRNSW: NRS880, [9/6708], Supreme Court, Papers and depositions, Deniliquin, 1884. Emphasis added.

⁴  SRNSW: NRS7855, [2/7609], Judiciary, WC Windeyer, J. Notebooks Circuit Courts, 1876-95, pp. 93-6. Emphasis added.

⁵  The Pastoral Times (Deniliquin), Sat 19 Apr 1884, p. 3. Emphasis added.

⁶  The Pastoral Times (Deniliquin), Sat 26 Apr 1884, p. 2. Emphasis added.

⁷  SRNSW: NRS2021, [3/6016], Berrima Gaol photographic description book, 1883-1888, No. 268, p. 51, R5093.

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