Depositions for William Walsh 17 Feb 1890 Sydney trial ¹

[Received at] Attorney General’s Dept 21 January ‘90 No. 11.

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

Depositions of Witnesses.

New South Wales, Port Macquarie
TO WIT.                                          }

The examination of Sergeant Nathaniel Netterfield of Port Macquarie in the Colony of New South Wales, Elizabeth Eggert of Wauchope, widow, Patrick Henry Secombe, of Ennis, farmer, John Suters of Wauchope, farmer and Duncan Bain of near Wauchope in the said Colony, farmer. Taken on oath this 14th day of January in the year of Our Lord one thousand eight hundred and eighty nine at Port Macquarie in the Colony aforesaid, before the undersigned, four of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of William Walsh who is charged this day before us for that he the said William Walsh did on the 29th day of December 1889 assault one Hector Bain, and then wickedly and against the order of Nature carnally knew the said Hector Bain, and did commit with the said Hector Bain the abominable crime of buggery.

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William Walsh
Vernon
 aged 15 years & 9 months.
charged with buggery.

    Sergeant Nathaniel Netterfield, of the Port Macquarie Police, on oath states:–
    On Monday the 6th instant I went in search of the accused and met him at Ennis, I said to him, “Where were you yesterday, Sunday, week?” He replied “I was at the Presbyterian Church at Wauchope”, I said “About what time?” He replied, “About half past three in the

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afternoon.” I said, “Who was with you there?” He replied “Mr Bain’s little boy.” I said “Did you take him away from the Church?” He replied “Yes, I took him down into the corn.” I said “Did you do anything to the little boy?” He replied “I did.” I said “Did the little boy sing out?” He replied “No, he cried.” I said “Did you see any person when with him?” He replied “I saw Mrs Eggert.” I said “Did she say anything to you?” He replied “She said I was a naughty boy.” – I then arrested him

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and said to him, “I arrest you on a charge of committing buggery with one Hector Bain at Wauchope on the 29th of December last.” He made no reply to the charge. I have brought him to Port Macquarie and confined him in the lock up.
    No questions.
[Signed] Nash Netterfield.
Sworn at the Police Office Port Macquarie 14th January 1890.
[Signed] F[rederick] B[arnwell] Hales, PM, James Butler, JP, James McInherney, JP, J Summerville, JP.

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    Elizabeth Eggert, widow, of Wauchope, on oath states.
    I know the accused. I saw him on the 29th of last month ² near the Presbyterian Church at Wauchope. The little by boy Hector Bain now shown to me was with him. I saw them together at about 3 pm, they were then sitting together beside the church. They appeared to be talking to one another.
    After about quarter of an hour they crossed the fence and went into the Constable corn paddock. The corn was about 7 feet high. They went into the corn and

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in about 20 minutes I heard the child crying. I was there on my verandah, which is about 10 yards from the corn paddock. John Suters was also on the verandah, and I called his attention to the crying of the child, and asked him to go and see what the child was crying for. He did not go as he had no boots on and I then went myself. After going about 40 yards into the paddock I came across the accused and the child Bain. The accused did not see me until I spoke. I was then about 3 yards from him. I

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then went up to him. When I first saw him he was on his knees, and his trousers were unbuttoned in front. The little boy Bain was lying down and his trousers were unbuttoned both at the back and the front. The accused was leaning over the boy and the boy’s buttocks appeared to be raised. I saw accused’s person. By his action he appeared to be trying to penetrate the child – I saw that his person was close to the child who was crying out. I heard the child say “How many more times?” The accused replied “Only twice, don’t cry.” I

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said to the accused, “What are you doing to the little boy making him cry?” He then pulled the child up on his feet and sat back on his heels himself, and said “I have done nothing” I said to him “You are a villain, you have done something, you will be hanged for it.” He again said “I have done nothing.” When he raised the child up, his, the child’s, clothes are down about his feet.
    When the accused sat back he closed his own trousers in front.
    I said to him “Your You are

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a scoundrel and I will send Constable Wilson after you.” He then got up and ran away into the corn.
    I arranged the child’s trousers and took him away and sent him to his sister who was in the church – service was going on.
    I did not examine the child.
    No questions.
[Signed] Elizabeth Eggert.
Sworn at the Police Office Port Macquarie 14th January 1890.
[Signed] FB Hales, PM, James Butler, JP, James McInherney, JP, J Summerville, JP.

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    Patrick Henry Secombe, farmer of Ennis, on oath states:– I know the accused. I received him as an apprentice from the Vernon three years ago last November, and he has been with me ever since.
    On the 30th of last month Mrs Eggert, the last witness, gave some information at my house and in consequence I spoke to the accused that afternoon. I said to him “Where were you on Sunday?” He replied “At Wauchope church.” I asked him if he saw any of Bain’s children, he replied “Yes.” I said “Did you see a

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boy?” He replied “Yes.” I said “Where did you see him?” He replied “At the back of the church.” I said “Did he go away with you?” He replied “Yes.” I said “Where?” He replied “Down in the corn.” I said “What did you do to him?” – he replied “Nothing.” I again said “What did you Did you do anything to him?” and repeated the question three times, sharply. He replied “Yes.” I said “Did you have your trousers unbuttoned?” He replied “Yes.” I said “Did you have your affair out?” He replied “Yes.”

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I said “Did he have his trousers unbuttoned?”, meaning the boy Bain. He replied “Yes.” I said “Was he lying down?”, accused replied “Yes.” I said “Did you touch him with your affair?” – he said in reply “Yes.” That was all the conversation that took place on that occasion on the 6th of this month. I took him into his bedroom to examine some of his clothes. I said to him “Willie, this is a nice mess you have got yourself into.” He did not reply. I then said “Did you put your cock with the boy?”

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He said in reply “Yes.” I said “All the way?” He replied “In.” I said “Did you see any blood on the boy?” He replied “No.”
    After this the police examined his clothes and he was then arrested. No person was present at our conversation on the 6th.
    The accused understood that I referred to the boy Bain.
    I was present at the conversation between Sergeant Netterfield and the accused on the 6th.
    No questions.
[Signed] PH Secombe.
Sworn at the Police Office Port Macquarie 14th January 1890.
[Signed] FB Hales, PM, James Butler, JP, James McInherney, JP, J Summerville, JP.

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    John Suters, farmer, of Wauchope, on oath states:–
    I know the accused. On the 29th of December last service was held in the church at Wauchope. I know Mrs Eggert. I was at her place on the afternoon of Sunday the 29th of last month. I was on the verandah with her that afternoon. She told me that the accused and Mr Bain’s little boy had gone into the corn. She asked me to go into the corn to see what the accused was doing to the little boy. I did not go because I had no

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boots on, and she said that she would go herself – at this time I could hear the child crying. When she came back she told me something when she was in the corn. I heard her say “What are you doing with this little boy?” I heard someone say “Doing nothing.” I then heard her say “You will have Wilson after you.”
    I did not hear anything else distinctly, but I heard her speaking. I could not see there at this time. I saw her lead Bain’s little boy out of the corn and

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send him to the church. That is the little boy here today.
    No questions.
[Signed] John Suters.
Sworn at the Police Office Port Macquarie 14th January 1890.
[Signed] FB Hales, PM, James Butler, JP, James McInherney, JP, J Summerville, JP.

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    Duncan Bain, farmer Bain of near Wauchope, on oath states:–
    I have a son named Hector Bain – he is between 6 and 7 years old. He is here today.
    On Sunday the 29th of last month, in the afternoon, there was service in the church. My son Hector and his sister went to the service. They returned home about 5 o’clock. The boy lives with his grandfather about 150 yards from my house. The boy made no complaint to me; no complaint was made to me there.
    On last Monday week Constable Wilson told me something

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after this I examined the boy’s clothes and did [not] notice anything particular on there.
    No questions.
[Signed] Duncan Bain.
Sworn at the Police Office Port Macquarie 14th January 1890.
[Signed] FB Hales, PM, James Butler, JP, James McInherney, JP, J Summerville, JP.

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Statement of Hector Bain
in answer to the Bench.

    I remember going to the church with my sister Mary that day. I saw the boy, now in court, outside the church. He and I went into the court corn. I was crying in the corn and wanted the boy to take me home. I don’t know his name. A woman came to us while we were there – at this time I was lying down on the ground and my trousers were down. When I was the woman came

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the boy was going to run away. He did not take his trousers down, he took my trousers down. He did nothing to me.
    The child does not appear to understand that anything wrong occurred,
Police Office, Port Macquarie, 14th January 1890.
[Signed] FB Hales, PM, James Butler, JP, James McInherney, JP, J Summerville, JP.

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    Patrick Henry Secombe recalled, states.
    Bench: On Monday the 30th of December last I first heard of this matter through Mrs Eggert. She brought the information to my house. Next evening I went to Wauchope to report a circumstance to the police. I found that the Constable was in Port Macquarie and that he would return that night. I left word with the publican, it was too late for me to go to Mr Bain’s that night, and I went home. This was on Tuesday. On the Friday

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following I saw Sergeant Netterfield at the regatta near Port Macquarie. I asked him if he had heard of the case. He said he had. I there told him that Mr Bain was at the regatta but I did not know where the boy was. I then left the case in the hands of the police.
    I did not write to Mr Bain or the boy’s grandfather on the subject because I thought I had done all that was necessary.
[Signed] PH Secombe.
Sworn at the Police Office Port Macquarie 14th January 1890.
[Signed] FB Hales, PM, James Butler, JP, James McInherney, JP, J Summerville, JP.

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

Statement of the Accused.

New South Wales, Port Macquarie
TO WIT.                                          }

William Walsh stands charged before the undersigned, four of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 14th day of January in the year of Our Lord one thousand eight hundred and ninety for that he the said William Walsh on the 29th day of December 1889 at Wauchope, in the said Colony, did assault one Hector Bain and then wickedly and against the order of Nature carnally knew the said Hector Bain, and did commit with the said Hector Bain, the abominable crime of buggery and the examination of all the witnesses on the part of the prosecution having been completed, and the deposition taken against the accused having been caused to be read to him by us, the said Justices (by/or) before whom such examination has been so completed; and we, the said Justices having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of 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 William Walsh and the witnesses for the prosecution, Sergeant Nathaniel Netterfield, Elizabeth Eggert, PH Secombe, John Suters, Duncan Bain being severally examined in his presence, the said William Walsh 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 William Walsh saith as follows:– “I do not wish to say anything.”
[Signed] William Walsh.
Taken before us, at Port Macquarie, in the said Colony, the day and year first abovementioned.
[Signed] FB Hales, PM, James Butler, JP, James McInherney, JP, J Summerville, JP.

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    Committed for trial at next Circuit Court to be held in Sydney or at such other Court as the Attorney General may appoint.
Police Office, Port Macquarie, 14th January 1890.
[Signed] FB Hales, PM, James Butler, JP, James McInherney, JP, J Summerville, JP.

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

Recognizance to give Evidence.

New South Wales, Port Macquarie
TO WIT.                                          }

Be it remembered, that on the 14th day of January in the year of Our Lord one thousand eight hundred and ninety Nathaniel Netterfield a Sergeant of the Police Force, Elizabeth Eggert of Wauchope, Patrick Henry Secombe of Ennis in the said Colony, farmer, John Suters of Wauchope, farmer and Duncan Bain of near Wauchope in the said Colony, farmer 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 Port Macquarie in the said Colony, before me.
[Signed] FB Hales, PM.
The condition of the within written Recognizance is such, that whereas William Walsh was this day charged before FB Hales, PM, James Butler, James McInherney, J Summerville, esquires, four of Her Majesty’s Justices of the Peace for the said Colony, with buggery.
If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Sydney, in and for the Colony of New South Wales, 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 William Walsh for the offence aforesaid, to the jurors who shall pass upon the trial of the said William Walsh then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] FB Hales, PM.

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Port Macquarie, c. 14 January 1890

Memo
[Attorney General]

    As the child, Hector Bain, appeared to be rather weak and sickle, and does not seem to know that any harm has been done, I did not bound over his father for his production at Court.
    Should the Honorable the Attorney General, however consider it necessary, I can have recognizance entered into without any difficulty or delay.
    It may be that the witness Sister’s evidence is not absolutely necessary.
[Signed] F[rederick] B[arnwell] Hales, PM

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[On the depositions’ cover sheet is the following]

Central Criminal Court
Sydney
17th February 1890
AG’s No. 11
Depositions.
CS’s No. 11
Regina
v.
William Walsh
Sodomy
See within [initialled] G[eorge] B[owen] S[impson] AG 24/1/90
Committed at: Port Macquarie
on: 14th January 1890
(W ?) Stephen See my memo (within ?) [initialled] GBS AG 24/1/90

~ ~ ~ ~ ~

Sec’ 59, 60, 319 & 374 as to assault
1. Buggery
2. Indecent assault upon a male person
[signed] GB Simpson, AG 24/1/90

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Justice MH Stephen’s notebook  ³

34

[Central Criminal Court, Sydney, Monday 17 February 1890]
William Walsh – Buggery 16 years of age nearly
[Sections] 59 & 60

    Nathaniel Netterfield. Sergeant of Police – Port Macquarie – arrested prisoner on 6 January this year at Ennis – I charged – said I charge you with committing b-----y with one Hector Bain at Wauchope on 29 December – he made no reply. Before arresting him I asked where he was on the Sunday week previous – he said that he was at Wauchope & near the Presbyterian Church – I said who was with you. He said Mr Bain’s little boy – I said did you bring the little boy away from the church – he replied yes – I took him down into the corn – I said did you do

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anything to the little boy – he said yes I did – I said did he sing out – he replied no – he cried – I said did you see any person when there? He said yes I saw Mrs Eggart ⁴ – I said did she say anything to you? He said “Yes” – She said I was a naughty boy.

    Elizabeth Eggert. Widow – live at Wauchope – I know prisoner – remember Sunday 29 December last – saw him in the Presbyterian church yard. Hector Bain with him – about 3 o’clock – talking to each other – that is the boy – saw them go into a paddock of corn – 7 ft high – 20 minutes after I heard Bain cry – I went into the corn – & saw the little boy Bain lying down – prisoner bending over him on his knees – Bain on his back ⁵ – his buttocks raised on some clods – his clothes down about his feet – prisoner’s parts exposed – Prisoner appeared to be moving – his

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[pp. 36-37 are blank]

trousers unfastened – I saw his person. It was in a state of erection – moving towards Bain’s buttocks – the little boy said – how many more times – only twice – don’t cry – I said what are you doing to the boy making him cry – he sat boy on his heels & pulled the little boy on to his feet – [said] that he was doing nothing – I said – you are a villain – you are doing something that you will be hung for.

    PH Seccombe. ⁶ Farmer at Ennis – I know prisoner – came from the Vernon – 15 years old – I had a conversation with him – on the 30th December last – I asked him where he was on Sunday – he said at the Wauchope church – I asked him did you see any of Bain’s

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children – he said yes – did he see a boy – he said yes – I asked where did you see him – he said at the back of the church – I asked did he go away with you – he replied yes – where? A. down into the corn – Q. what did you do to him? A. nothing – asked him 3 times – A. yes – Q. Did he have his trousers unbuttoned – A. yes – Q. Was he lying down? – A. yes – Q. Did you touch him with your affair? A. yes – saw him again on the 6th – I said this is a nice mess you have got yourself into – I said – did you put your cock into him – He said yes – Q. all the way? A. No, not all the way – Q. did you see any blood? A. No.

Verdict. – Guilty of attempt –

Post 54 55 [Record of sentence noted at the foot of page 55.]
Tuesday 18 February 1890

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    William Walsh – 1 year imprisonment – to petition at end of 6 months – 12 lashes this day fortnight – (ie March 4th)
Reported on, with a view to the sentence being reduced to 6 months.
Granted. 7.3.90

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The Daily Telegraph, Tue 18 Feb 1890 ⁷

CENTRAL CRIMINAL COURT.

    The business of the court for February was commenced yesterday before Mr Justice Stephen, with Mr PJ Healey as Crown Prosecutor.
…
    A charge of having committed an unnatural offence was preferred against Wm Walsh (16). The crime was alleged to have taken place at Innes, Macquarie, some time ago. Accused was found guilty of an attempt at the crime.

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The Sydney Morning Herald, Tue 18 Feb 1890 ⁸

CENTRAL CRIMINAL COURT.–
MONDAY.
(Before his Honor Mr Justice Stephen and juries.)

    The February sittings of the Central Criminal Court were opened to-day. Mr PJ Healy prosecuted for the Crown.

JURYMEN FINED.

    James Tytherleigh, yeoman, 18 Redfern-street, Redfern, and Warden Harry Graves, stock and station agent, Ocean-street, Woollahra, were each fined £3 for non-attendance as jurymen.

REVOLTING CRIMES.

    William Walsh pleaded not guilty to a charge of committing an offence upon a boy named Hector Baine [sic], at Innis [sic], in the Macquarie district. The prisoner was an undersized youth of 16, and the boy Baine between 6 and 7 years of age. The evidence was of a revolting character. The jury found the prisoner guilty of an attempt, and he was remanded for sentence.

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The Bathurst Free Press and Mining Journal, Wed 19 Feb 1890 ⁹

News in Brief.
———◦———

…
    At the Central Criminal Court on Monday a lad named William Walsh was found guilty of having attempted to commit a horrible crime at Wauchope, in the Macquarie, on December 29, and remanded for sentence.

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The Daily Telegraph, Wed 19 Feb 1890 ¹⁰

CENTRAL CRIMINAL COURT.
TUESDAY, FEBRUARY 18.
(Before Mr Justice Stephen.)

    Mr PJ Healy prosecuted on behalf of the Crown.
…

SENTENCES.

…
    William Walsh, for an [unnatural] offence at Innes, Macquarie, was sentenced to 12 months’ hard labour and a flogging of 12 lashes.

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The Sydney Morning Herald, Wed 19 Feb 1890 ¹¹

CENTRAL CRIMINAL COURT.–
MONDAY.
(Before his Honor Mr Justice Stephen and juries.)

    Mr PJ Healy prosecuted on behalf of the Crown.

SENTENCES.

…
    William Walsh, who was found guilty on the previous day of committing an [unnatural] offence, received a sentence of 12 months’ hard labour and a flogging of 12 lashes. Permission was given to the prisoner to petition at the end of six months for a remission of the remainder of the sentence.

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William Walsh, Gaol photo sheet ¹² 

---

Gaol Photo Sheet - Transcribed Details

No. 4667

Date when Portrait was taken: 8.2.1890

Name: William Walsh

Native place: BC Clarence River Year of birth: 1875 Arrived       Ship: – in Colony }   Year: – Trade or occupation previous to conviction     } Boy Religion: Wesleyan Education, degree of: R&W Height: 5' 1" Weight     On committal: 98 in lbs     } On discharge: Colour of hair: Brown Colour of eyes: Grey Marks or special features: Cannot straiten left little finger, scar on knuckle of left forefinger, scar on inside right wrist, very small white indented scar on forehead low down just between nose and right eye

Where and when tried: Sydney GD [Gaol Delivery]. 17th Feb 1890 Offence: Attempted Buggery Sentence: 1 year HL and 12 strokes Remarks: Reduced to 6 months HL

(No. of previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
				Nil