Depositions for William Jenkins and John Kiernan, c. 5 May 1835, Sydney Trial 1
1
In the fifth Year of the Reign of
Our Sovereign Lord William the Fourth,
by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
King, Defender of the Faith.
New South Wales
(TO WIT)– }
Be it Remembered That John Kinchela, Esquire, Doctor of Laws, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the First Day of May in the Year of Our Lord One Thousand Eight Hundred and Thirty five at Sydney, in the Colony aforesaid, informs the said Court, that William Jenkins late of Sydney in the Colony of New South Wales, Labourer
on the seventeenth Day of February in the Year of Our Lord One Thousand Eight Hundred and Thirty five with Force and Arms, at Sydney aforesaid in the Colony aforesaid, feloniously wickedly and against the orderof nature had a venereal affair with one John Kiernan late of Sydney aforesaid in the Colony aforesaid Labourer and then and there did feloniously did carnally know the said John Kiernan and then and there feloniously wickedly and against the order of nature with the said John Kiernan and then and there feloniously wickedly and against the order of nature with the said John Kiernan did commit and perpetrate the abominable crime of buggery and that the said John Kiernan then and there to wit on the same day and year last aforesaid with force and arms at Sydney aforesaid in the Colony
2
aforesaid feloniously wickedly and against the order of nature and of his own free will and consent did aid and assist the said William Jenkins the felony aforesaid in manner and form aforesaid to do commit and perpetrate to the great displeasure of Almighty God, to the great scandal and disgrace of the human kind against the norm of the Statute in that case made and provided and against the peace of our said Lord the King his Crown and Dignity.
[Signed] John Kinchela, Attorney General.
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[On the reverse of the above (1-2) is the following]
28 Sodomy
In the Supreme Court.
No. 46
The King, against William Jenkins and John Kiernan, Free
Information, for Sodomy
Witnesses: James Core
Tuesday May 5 1835 Ch J
Plea Not guilty
Verdict, Not guilty
J[ohn] K[inchela, AG]
1 SRNSW: NRS880, [SC T41] Information No. 28, Supreme Court, Papers and depositions, 1835.