Depositions for William Hazelton, 8 Nov 1836, Sydney Trial 1
1
In the Seventh 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 Hubert Plunkett Esquire, 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 November in the Year of Our Lord One Thousand Eight Hundred and Thirty six at Sydney, in the Colony aforesaid, informs the said Court, that William Hazleton [aka Hazelton; Hayleton] late of Wollongong in the Colony of New South Wales aforesaid Laborer on the tenth Day of September in the Year of Our Lord One Thousand Eight Hundred and Thirty six with Force and Arms, at to or near Wollongong aforesaid in the Colony aforesaid, in and upon one Henry Arthur Waldron then and there being feloniously did make an Assault and then and there feloniously
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willfully wickedly and against the order of nature had a venereal affair with the said Henry Arthur Waldronthen and there feloniously carnally knew him the said Henry Arthur Waldron and then and there feloniously wickedly and against the order of nature with the said Henry Arthur Waldron did commit and perpetrate that detestable and abominable crime of buggery (not to be named among Christians) against the form of the Statute in such case made and provided and against the peace of our said Lord the King his Crown and Dignity.
[Signed] John Hubert Plunkett, Attorney General.
8 November – Burton J, Verdict, Guilty Death passed.
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[On the reverse of the above (1-2) is the following]
33 CJ
In the Supreme Court
No. 57
The King against William Hazleton
Information for Sodomy
Witnesses: Henry Arthur Waldron, Mrs Jemma Waldron, James Beedle
7 November 1836 plea Not Guilty
8 November – Burton J, Verdict, Guilty Death passed.
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Justice WW Burton's Notebook 2
102
8th November [1836] 2nd Case
William Hayleton
Sodomy on Henry Arthur Waldron
Plea Not Guilty
Mrs Jemima Waldron I am the widow of the late Captain Waldron & the mother of Henry Arthur Waldron. I reside at Mount St Thomas near Wollongong Illawarra.
He will be 8 years old on the 21st March next – he was with me at Mt St Thomas in September last –(Saturday) on the 10th Sept he went I sent him to fetch the horses from the farm at dinner time about two o’clock I (?) to my son George (10 yrs. old) go for letters to Wollongong along the beach & to leave a horse
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to be minded at Smith’s – & call for it on his return from the post office.
Henry said “Mama as George is going to the beach I will go for the horses” – (about ¼ past two) Both of them went out one on his way to the beach & Henry took a bridle & a saucepan with corn in it, & a whip which had been purchased by his brother.
It is a short mile & ¼ to Wollongong – George returned, & about 10 minutes after Henry came in – I was standing at my kitchen verandah – 3 I said Henry no horses – he said Mama no, & I will never leave you – I will never go for them again. I said Why –
He said – I have met two men one of them a bushranger.
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I said did he tell you so – He said – yes Mama – & he took me into the Bush –
[Mr Therry purposes to give evidence of what the child stated when he came in –
Mr Stephen objects to it – the statement cannot be received – but the utmost (length ?) which can be given is that he made a communication at the time of the fact – – it is not proper to give evidence of this sort to corroborate the child’s testimony; until it is (?) it is not (?) to shew that he made a statement – (consistent ?) with his present evidence.
Mr Therry says he is entitled to give this evidence – not as evidence of the facts which took place between the child & the
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prisoner, but as corroborating him having complained of the injury shortly after it was committed – –
I confine Mr Therry to the main fact of the Statement – of the injury – not to the particulars –]
George said Henry I met those two men as I went to Wollongong – The child said he had taken his clothes down – I took him into the parlor & said “My dear child you have been preserved to come home once more.” I called my servant man James Beedle – the man ran down to me. I said Master Henry has been looking after the horses, & he has met with some man who has treated him in a most infamous manner.
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Beedle asked Henry the description of the man & then went out after the man with a gun.
The child described the man as having a 4 blue or black jacket, whitish trousers –
5 a silk handkerchief and a bag on his shoulder – at first he said (irons ?) – but it was either (irons ?) or chains – the child said the man told him he was going to Tom Thumb’s for a horse –
He did not complain of injury. I questioned him about what had happened to him: & from his answers I (collected ?) that he had been carnally known.
I did not examine the child’s person nor any one else – or his shirt.
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The prisoner was apprehended & brought up to my place.
I first took George to see him – he said that is one of the men I met.
6 I then took Henry to him & asked him have you seen that man before –
The prisoner (rising ?) said in an agitated manner “Now Boy! mind boy! be sure boy!”
The child (immediately ?) said Mama that is the man who took me into the bush.
I then took the child away. I gave him in charge of two constables from Wollongong where I sent for.
Before the constables came – the prisoner asked for some water – my boy 17 yrs old came into
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the kitchen for some water – Prisoner tried to escape – My son then said if he attempted to escape he would use his gun.
Shortly after – he went upon his knees with uplifted hands for God’s sake Have mercy on 7 me & let me go. I turned my head from him – a second time he asked for a drink of water – & when he found himself with only one man in charge he again attempted to escape.
By Stephen: I saw that he had been crying by his face being smeared. I don’t think the heat of the day sufficient to have induced perspiration – to smear his face.
I did not send for a medical man.
From what the child said I had a (sufficient ?) knowledge that he had been carnally known.
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My son George had the (promise ?) of a (?) & he went quickly in consequence. The two boys went in quite a different direction.
Henry in the rear of the house a little further to the Southward 8 there are no public roads there but paths.
In going from my house towards Spring Hill to look for the horses he would have to go along a path-way which would lead him into the public road between my residence & Spring Hill – along which he would go.
He would have to come into the road which leads between Wollongong & (?).
Spring Hill is something nearer to (?) than Mt St Thomas – the public road runs through the farm.
I took George out, & put Henry in, telling him to be particular & look at the man & see if he had seen him before 9 Beedle was present & my son (Herbert ?)
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no others –
Re-examined. I was much agitated – I mustered all my resolution to search for the man – & did not think of examining it.
The prisoner when brought into my house had a bag on his back.
My son George said the man he met with had a bag which he knew to contain irons as it slipped off his shoulders & he gave it a shove up.
Henry Arthur Waldron – an intelligent boy – aged between 7 & 8 years.
I recollect the Saturday my Mother sent me for the horses – it was on the same day my brother George went to the beach to get a (iron ?) mended – I took the bridle with me & a little corn to catch the horses – I did not meet the horses – I met two men – & they asked me – 10 it was going towards the beach –
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they asked me “Did I know a man called William Kelly.” I said I did not.
After that – about 10 minutes after I met two other men. I think it was at Spring Hill – & asked if they had seen my horses, they said no they did not – they were coming from towards the Beach. 11
One of them said why you can’t catch horses – & I said no! I’ll go home for my little brother to help me.
One of them walked on looking at the ground.
He shewed [sic] himself to me & told me to come over to him & put his hand on it & see how big it would get he said he got it out of the bush – That was at the corner of (our ?) paddock
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he was sitting down on a little tree – the part of his person he shewed to me was where the water passes through – I think his trousers were torn – I said no I could not, I must go home & I got up & ran away, & he came after me he caught me & took me into the bush. I said oh I’m afraid you’ll take me away, he said (no ?) upon my soul I won’t come down to the valley & I’ll put you on the little horse’s back: he took me into the bush & stripped me, took down my trousers, & made me lie upon the grass on my belly – & did a very shocking thing – he laid upon me – he did something at my back – my bottom – I felt something like what the water passes through – like a stick – hard – he put it in somewhere where I could not tell
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you – my bottom – I felt it – 12 I am quite sure of it – he laid upon me about 20 minutes – pushing – he then got off me & made me suck the thing – he made me put my mouth down to it 13 & after that he said frig him – I forget what he did to me afterwards it is two months ago – he made me kiss him twice – he said he was going over to Tom Thumb’s to get a horse – he had no bridle with him, and I asked him if the horse had a bridle on & he said yes – he said if I told any one what he had done, he would pay me out when he caught me in the bush again.
I put on my trousers again.
When he was lying on me he said is not this a nice prick & bollocks. I had never heard these words before –
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I believe the prisoner to be same person – I know him by his face. I saw him (Mama says) about an hour and a half.
I am quite sure that the man I saw at Mama’s was the man, I cannot be mistaken.
That is the man – (the prisoner)
By Stephen: James Beedle is our shoemaker he has never spoken to me about this business – I gave evidence before the Magistrates at Wollongong they asked me the same questions I have been asked today.
My mother was present when I took the oath – but not when I told the magistrates.
I told Mr (Sheefe ?) that he hurt me. I rode home (from Wollongong) – our mare I think it was in the gardenor paddock – or in the or I think
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it was in the Bush George caught. I walked home the day I was hurt more than 200 yards – – it is a good long paddock – 14 at the corner of the paddock – where Mr Jones lives – he took me a place called Tom Thumb lagoon – there was a forest of little saplings.
When I left the prisoner I went straight home.
I perceived nothing about my clothes or person that ought not to be there. It hurt me a little at the time not afterwards.
James Beedle In the service of Mrs Waldron. I was so in September last – I was sent by her to apprehend aperson described by the child: I did so. I apprehended a person corresponding with the description. I found him close upon charcoal creek.
He said he had robbed no one & done nothing amiss – I said I must take him. I did not tell him what for –
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15 when he was brought & George came he said nothing to him. But when Henry came he said now boy mind boy – be sure boy. The child said immediately that is the man Mama!
He asked for a drink of water twice & each time made an attempt to get away.
I recollect seeing him on his knees – what he said I don’t know he had a bag with irons in and the child described him as having a bag with irons – before I went after him.
(?) case closed
The child said the man told he was going towards the lagoon Tom Thumb – I went towards Spring Hill. I went in the direction of the long paddock – Jones’s in front of the house & the (hill ?) paddock where Mr Innes lives.
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Innes’s paddock about ¼ mile from the house.
I went on till I came to the road towards the beach – & then met two blacks & asked &c. – told me they had met a man – & I followed – to the old cabbage tree bridge – Master Herbert then came to me – & I met two other men whom I knew – as we were returning back – I saw this man standing a short Distance from us in the bush looking at us.
I never knew him before.
Prisoner called on for his defence, denies having seen the child on that day: other man might be carrying irons – only our blacksmith at Wollongong.
Says that once when he was taking down part of a fence – Mrs Waldron came & abused him – called him a scoundrel – that she accepts the visits of Mr Kelly & has a (spite ?) (?)
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[James] Beedle From Mrs Waldron’s to charcoal creek about 2 miles – going towards Dapto – I would not be over an hour looking for the prisoner – can’t say the hour I came back; it was about ¾ hour before dark.
The child was in the flat between St Thomas & Spring Hill – Tom Thumb lagoon about ¼ mile off the road – but Tom Thumb point is a long way – he was off the road a short distance 6 or 7 rods.
I saw him (shoot ?) the irons out of the bag – there were two chains & a ring – they appeared to have been recently mended by the blacksmith.
By Prisoner: At Tommy the (Cowker ?) – (?) (?) if any man had passed – answer one man.
Two more besides me went after the prisoner – It might be the case that another man might pass the same way
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the child did not say that is the man without looking at him – I did not tell prisoner what happened to the boy.
Verdict – Guilty –
Sentence of Death passed –
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The Sydney Gazette and New South Wales Advertiser, Thu 10 Nov 1836 16
TUESDAY 8 NOVEMBER 1836
before Justice Burton and a Civil Jury:
William Hazeldon stood indicted for an assault upon a boy named Henry Arthur Waldron at Wollongong, on the 10th of September last [1834]. The charge was clearly made out, but the particularly [sic] were such as we cannot publish. The Jury after being absent a few minutes, returned with a verdict of Guilty.
Proclamation for silence having been made His Honor proceeded to pass sentence, in doing which he observed that, it was not his intention to make any observation upon the nature of the offence of which he (prisoner) had been found guilty, if his own conscience failed to convince him of its enormity any remarks of his would be useless, nor did he need to say anything upon it to those who stood near. The case was of such a nature as prevented him holding out any hopes of mercy, the sentence would undoubtedly be carried into effect. He then proceeded to pass sentence of death in the usual form, but named no day for execution. The prisoner heard the awful sentence with much composure, and at the conclusion expressed his innocence; he was then removed from the bar.
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The Sydney Herald, Thu 10 Nov 1836 17
TUESDAY, November, 8. –
Before Mr Justice Burton and a Civil Jury.
…
William Hazleton was indicted for committing a nameless offence. The prisoner’s offence was the most revolting that ever came before the Court – Guilty. In passing sentence of death, Mr Justice Burton observed that from the aggravated nature of the crime, it was impossible that the slightest hope of mercy could be held out to him.
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The Sydney Monitor, Fri 11 Nov 1836 18
LAW INTELLIGENCE
SUPREME COURT
TUESDAY, NOV. 8TH
…
Before Mr Justice Burton and a Civil Jury.
…
William Hazleton was indicted for an offence against nature, committed in the neighbourhood of Illawarra.The details of this case exhibited depravity of so extraordinary a character, that for the honour of human nature, it is to be deplored that a monster ever existed, capable of so heinous a crime. The jury found the prisoner guilty of the offence, and sentence of death was passed upon him.
His Honor recommended him not to delude himself by any vain hope of mercy, but to make the best of the brief space that might be allotted to him in preparing himself for eternity.
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NSW Executive Council Minute, 17 Nov 1836 19
Minute No. 28
Council Chamber
Thursday 17th November 1836
Present
His Excellency the Governor [Richard Bourke KCB]
The Right Reverend the Lord Bishop of Australia [William Grant Broughton]
The Hon the Colonial Secretary [Alexander M’Cleay]
The Minute of proceedings at the last meeting was read and confirmed.
…
2. His Excellency the Governor having informed the Council of his intention to lay before them the Report of their Honors the Judges of the Supreme Court of the cases of Capital convicts tried at the late Criminal sessions, the Lord Bishop of Australia requested permission to decline sitting in Council during their consideration from a conviction that it might be injurious to the cause of religion, were a person holding his station in the church to become a party to any decision upon which life and death depend. His Excellency observed that in consequence of the temporary absence of the only remaining member Lieutenant Colonel Snodgrass in charge of the Government at Van Diemen’s Land he would be unable to convene a Council for the purpose in question, and the meeting was accordingly adjourned sine die.
[Signed] E Deas Thomson, Clerk of the Council.
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William Hazelton Convicted of Sodomy – Doubts being entertained in this case as to the completion of the offence, James Mitchell Esq Colonial Surgeon was called in and examined.
He stated that from the formation of the Sphyncter [sic] if penetration had taken place at all there would have been no further impediment to the completion of the offence, but from the fact stated by the Judge that theprisoner had taken other means immediately after to procure emission, there was reason to doubt whether penetration had taken place at all.
It was therefore decided that the prisoner’s life be spared and that the sentence passed upon him be commuted to hard labor in irons at Norfolk Island for life, with solitary confinement at night.
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John Mead – Convicted of Sodomy – That the sentence of the law should take its course.
…
[Signed] E Deas Thomson, Clerk of the Council
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The Sydney Gazette and New South Wales Advertiser, Sat 3 Dec 1836 20
The man Haselton, convicted at the Criminal sitting of the Supreme Court last past of an unnatural, andsentenced to death, has had his sentence commuted to hard labor for life at Norfolk Island, in chains.
1 SRNSW: NRS880, [SC T44] Information No. 33, Supreme Court, Papers and depositions, 1836.
2 SRNSW: NRS5730, [2/2428], Judiciary, WW Burton, J. Notebooks Criminal Sessions, 1833-38, pp. 102-19. [Square brackets] in
original text. Emphasis added.
3 Mn: He appeared to be in a fright & as if he had been crying
4 Mn: Cross-examined “or something dark”
5 Mn: Cross-examined – he thought he had a – I think he had &
6 Mn: “I met that man as I was going to Wollongong on this side of Mr Brown’s within half a mile or not so much from the town”
7 Mn: I think he said “forgive me”
8 Mn: My house to the Southward of Brown’s
9 Mn: I did not say I was going to bring out Henry Arthur
10 Mn: at a place called Spring Hill – about half a mile from home
11 Mn: yes they were &c
12 Mn: he pushed it a little in – I quite remember that myself no one told me
13 Mn: I think he made me suck it 10 minutes – he kept on telling me I might go in about 10 minutes
14 Mn: distant from my mother’s I think 20,000 yards [sic]
15 Mn: (Mrs ?) told me I must go & see if I could see the man – the child described him - & his dress corresponded with what the child said – Mrs Waldron said the man had committed an infamous offence. I have not (communicated ?) with the boy about it since I left her (house ?) last Sunday night – I have been with her 4 years – I never heard the child make use of such words as vulgar people call the private parts by
16 The Sydney Gazette and New South Wales Advertiser, Thu 10 Nov 1836, p. 3.
17 The Sydney Herald, Thu 10 Nov 1836, p. 3.
18 The Sydney Monitor, Fri 11 Nov 1836, p. 3.
19 SRNSW: NRS4232, [4/1519], Executive Council, Minute books, Minute 28, 17 Nov 1836.
20 The Sydney Gazette and New South Wales Advertiser, Sat 3 Dec 1836, p. 3.