William Sutton, 1889

Below also see: William Sutton, 1892 – Sodomy

 

Evening News, Sat 14 Sep 1889 ¹

COONABARABRAN QUARTER SESSIONS.

    COONABARABRAN, Friday.—In the Court of Quarter Sessions on Wednesday, William Sutton, on a charge of [indecently] assaulting his stepdaughter, about 13 years old, was found guilty and sentenced to two year’s imprisonment in Mudgee Gaol.

 

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William Sutton, 1892

Depositions for William Sutton 7 Apr 1892 Mudgee trial ²

(a) Town.	Letter from Bench of Magistrates at (a) Cobbora
	transmitting Depositions
(b) Name in full of accused.	in the case Regina v. (b) William Sutton
(c) Offence.	(c) Sodomy
(d) Town.	Police Office, (d) Cobbora
	11 February 1892
	Sir,
	I have the honor, by direction of the Bench of Magistrates,
	to transmit herewith the Depositions, and other documents in the
(e) Name of accused	case of (e) William Sutton
(f) “His” or “her”	who has been committed to take (f) his
(g) “Circuit Court,” or  “Quarter Sessions.”	trial at the (g) Circuit Court
	to be held at (h) Mudgee	on Thursday
(h) Town where Court  to be held.	the 7th day of April 1892.
	The accused is (i) confined in the gaol at Maitland
(i) “Is confined in the  Gaol at …,” or “has been admitted to bail” (with full particulars as to sureties, addresses, occupations, and amounts, as set out in Recognizance.)
(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission.	The Witnesses bound over are (k) Thomas Samuel Black, John Finn Junr, Edward Martin and Henry O’Brien for the Crown.
(l) Short description to enable identification.	The Exhibits enclosed are (l) nil. Prisoner was sentenced at Coonabarabran Sessions in 1889 for an indecent assault on his step-daughter, and received two years imprisonment in Mudgee Gaol, was discharged on the 9 May 1891, and on the 12 May 1891 was charged with drunkenness and was fined 20/- or 7 days for obscene language, and on same day was fined 20/- or one month for assaulting a Constable in the execution of his duty.
	I have the honor to be, Sir, Your obedient Servant,
	[Signed] William J[ohn] E[benezer] Wotton, PM.
	Clerk of Petty Sessions
The Secretary,
Attorney General’s Department.
N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates
4g 201-90

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

Depositions of Witnesses.

New South Wales, Cobbora
TO WIT.                                 }

The examination of Thomas S Black of Cobbora in the Colony of New South Wales, Senior Constable, John Finn Jun of Linburn, near Mudgee, in the said Colony, labourer, Edward Martin of Cobbora, labourer and Henry O’Brien of Upper Boomley, in the said Colony, labourer taken on Thursday on oath, this 11th day of February in the year of Our Lord one thousand eight hundred and eighty ninety two at Cobbora in the Colony aforesaid, before the undersigned, two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of William Sutton who is charged this day before us, for that he the said William Sutton, on the 31st day of January 1892 at Upper Boomley in the said Colony, did assault John Finn, Junior, and then wickedly and against the order of nature carnally knew the said John Finn, Junior and did commit with the said John Finn Junior the abominable crime of buggery.

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    Thos Samuel Black being duly sworn states:– I am Senior Constable of Police stationed at Cobbora. I know the prisoner William Sutton. On Friday 5th February inst. I saw the prisoner at the wool shed Boomley. I took him to the splitters’ camp in the bush. I there saw a boy named John Finn. I said to Finn in the presence of prisoner “Do you know this man?” Finn said “Yes, he is fencing for my father.” I said “Did he do anything to you?” Finn said “Yes, I was lying in my tent last Sunday afternoon. About 4 o’clock Sutton came and laid down alongside of me. He caught hold of me and pulled my trousers down. He put his person in my bottom. After he had done he told me not to tell anyone. I said “Why did you not get away from him?” He said “I could not, he held me.” I said to Finn “Did you tell anyone?” He said “Yes. I told Edward Martin and Harry O’Brien next day. There was no-one at the

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camp on Sunday only Sutton and myself. My father went to Mudgee on the Sunday morning and I told the men next day when they came to work.” The prisoner then said to the boy “Didn’t you do it to me first?” The boy said “Yes, you made me do it.” I said to the boy “What do you mean?” Prisoner then said “The boy did it to me first last week, either Tuesday or Wednesday.”

Prisoner said, “Look here,” taking a pair of trousers off the bough of a tree he put his hand through a hole in the seat of the trousers and said “I was wearing these trousers lying down in the tent when the boy came and put his arm around me and he put his person through this hole into my bottom, didn’t you?” The boy said “Yes, you made me do it.” I said to the boy “Where was your father?” He replied “He was outside the tent.” I said “Did you tell him?” He replied “No, I was frightened.” I then arrested

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the prisoner and charged him with committing an unnatural offence, sodomy on one John Finn aged fifteen on Sunday last 31st January. Prisoner replied “He did it to me first.” I then cautioned prisoner and brought him to the lock up at Cobbora.

    Cross-examined by Prisoner: I know the prisoner personally and for a fact that he was sentenced at Quarter Sessions Coonabarabran in 1889 to 2 years imprisonment in Mudgee Gaol for indecent assault on his step-daughter.

[Signed] Thos S Black.

Taken and sworn before us at Cobbora this 11th February 1892.
[Signed] William JE Wotton, John Jones, JP.

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    John Finn, Junior being duly sworn and being examined by the Police Magistrate states:– I live with my father John Finn at Linburn near Mudgee but am at present fencing on Boomley Run with my father. I know the prisoner and his name is William Sutton. He has been fencing for my father. I remember Sunday 31st January last. I and the prisoner Sutton were the only persons at camp that day. My father had gone to Mudgee on that morning. I was laying in the tent about 4 o’clock on Sunday afternoon. Prisoner took my trousers down and put his thing in my bottom and remained in that position for about fifteen minutes. I felt something come from his person. Prisoner then told me to get up and pull my trousers up. Prisoner told me not to tell anybody. On the same Sunday night about 9 o’clock I was in bed in the tent with prisoner. Prisoner put his person into my bottom and did exactly the same at this time as he did

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before. Next day I told Mr Ted Martin and Harry O’Brien. About a week before this prisoner took me into his tent and pulled me onto him and told me to do it to him and told me to put my person in his bottom. I did so. My father was at the camp. I did not tell my father, I did not like to. I was fifteen years of age fourth last January.

    By Prisoner: Did I do it to you any more than once. Yes.

    Did you do it to me more than once. Yes.

[Signed] John Finn.

Taken and sworn before us at Cobbora this 11th February 1892.
[Signed] William JE Wotton, PM. John Jones, JP.

    [John Finn] Recalled states:– Prisoner committed an unnatural offence on me and I swear this most distinctly. I worked with prisoner the day after he committed the offence and on Tuesday and Wednesday also.

    Cross-examined by Prisoner: I told you on the Wednesday that I could do better kangaroo shooting.

    My father said I need not work unless I liked. You told me you could not work without me.

[Signed] John Finn.

Taken and sworn before us at Cobbora this 11th February 1892.
[Signed] William JE Wotton, PM. John Jones, JP.

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    Edward Martin being duly sworn states:– I am a fencer living at Cobbora. I know the prisoner William Sutton, he was working for Finn fencing. I know a boy named John Finn. John Finn told me something in connection with prisoner. I believe the time mentioned would be 2nd February. The boy Finn, prisoner, myself and Harry O’Brien were in one camp. Myself, Harry O’Brien and the boy slept outside in the open air. Prisoner slept in a tent about ten yards away. Prisoner called out to us “Are you up him?” I said “No, why did you ask me that?” I and Prisoner said “I thought you was on account of you keeping him away from me all night.” The night before I went to bed Tuesday night prisoner called me into his tent and said “Did young Jack tell you anything about me?” I said “No.”

    Cross-examined by Prisoner: You asked me something about Jack’s work on same Tuesday but don’t know what you said. The prisoner and I are on good terms.

[Signed] E Martin.

Taken and sworn before us at Cobbora this 11th February 1892.
[Signed] William JE Wotton, PM. John Jones, JP.

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    Henry O’Brien being duly sworn states:– I am a farmer residing at Boomley near Cobbora. I know the prisoner Bill Sutton. I know that boy John Finn. He was in the same employ as myself. I remember Monday 1st February. The boy Finn told me something. On the February 2nd Tuesday prisoner Martin, the boy and myself were camped together. The boy Finn, Martin and myself slept out in the open air. Prisoner slept in a tent 6 or 7 yards away. Prisoner asked me did the boy tell me anything. I said no. Prisoner called out next morning to me and Martin was we up the boy.

    Martin said “What do you mean by that?” Prisoner said “What did you take the boy away from me for and not let him come to bed?” The prisoner asked me on Tuesday morning “What did the boy say?”, and I told him the boy told me nothing. Prisoner left the camp and took his swag away on Wednesday 3rd February and said he was going away. I have not

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seen the prisoner from that day until now.

    By Prisoner: I am sure I was there on Monday the 1st February. You did not ask me for a reason why the boy did not go to work with me.

[Signed] Harry O’Brien.

Taken and sworn before us at Cobbora this 11th February 1892.
[Signed] John Jones, JP, William JE Wotton, PM.

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

Statement of the Accused.

New South Wales, Cobbora
TO WIT.                                 }

William Sutton stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 11th day of February in the year of Our Lord one thousand eight hundred and ninety two for that he, the said William Sutton on the 31st day of January 1892 at Upper Boomley, in the said Colony, did assault John Finn, Jun and then wickedly and against the order of nature carnally knew the said John Finn, Jun and did commit with the said John Finn, Jun the 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 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 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 Sutton, and the witnesses for the prosecution Thomas Samuel Black, John Finn Jun, Edward Martin and Henry O’Brien being severally examined in his presence, the said William Sutton 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 Sutton saith as follows:– “I have nothing to say and hand in my statement.” (Attached) [see below]

Taken before me at Cobbora in the said Colony, the day and year first above mentioned.
[Signed] William JE Wotton, PM.

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To the Bench of Magistrates [transcribed as per original]

    I William Sutton did not do as I ag aught to have done on the 27 Januery. I was hard at work in the bush all day. I came home to the camp and had my supper and then went to bed and fell asleep. I woke up. The boy Jack Finn had his private in my seat and I shuved him away with my feet his father was Baking Bread at the fire about 10 yards of were we was. If I had of done right I would of told his father or else came in to Mr Slack the next morning and told him he came the next night and I told him to go to his bed and he done so. I think his father had some suspicion about Horry O’Brian he was working for Mr finn and the boy youste to sleep with is father and Harry O’Brian and finn discharged obrian after he had lift old finn sayes one night to me I Belive Harry O’Brian must be A mophytrite Bill did you hear him how he youste to singout Jack are you coming to Bed to my boy

[Signed] William Sutton

    Committed for trial at the next Circuit Court to be holden at Mudgee on Thursday the seventh day of April 1892. Bail allowed prisoner in £100 and 2 sureties £50 each.
[Signed] William JE Wotton, PM.

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

Recognizance to give Evidence.

New South Wales,
TO WIT.                  }

Be it remembered, that on the 11th day of February in the year of Our Lord one thousand eight hundred and eighty ninety two Thos S Black a Senior Constable of the Police Force, John Finn Senior for and on behalf of John Finn Junior of Linburn near Mudgee in the Colony of New South Wales, farmer and Edward Martin of Cobbora in the said Colony, labourer and Henry O’Brien of Upper Boomley in the said Colony, labourer 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 indorse.

Taken and acknowledged, the day and year first above mentioned, at Cobbora in the said Colony, before me.
[Signed] William JE Wotton, PM.

The condition of the within written Recognizance is such, that whereas William Sutton was this day charged before WJE Wotton, and John Jones Esquires, two 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 Circuit Court to be holden at Mudgee in and for the Colony of New South Wales, on the seventh day of April next, 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 Sutton for the offence aforesaid, to the Jurors who shall pass upon the trial of the said William Sutton.

Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] William JE Wotton, PM.

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[On the depositions’ cover sheet is the following]

Circuit Court.
Mudgee
7th April 1892
AG’s No. 26
Depositions.
CS’s No. 3
Regina
v.
William Sutton
Sodomy
See within [initialled] E[dmund] B[arton, QC] AG
19.2.92
Committed at: Cobbora
on: 11 February 1892

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7 April 1892
Cor. Windeyer J.
Verdict:– Guilty
Sentence:– Ten years’ penal servitude
[Signed] Walter Bevan
Crown Prosecutor

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Sodomy
[Initialled] EB AG
19.2.92
Seen & approved
2.4.92 [initialled] W[alter] B[evan, Crown Prosecutor]

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Justice WC Windeyer’s Notebook ³

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[Mudgee, 7 April 1892]
William Sutton – Buggery with John Finn – 31st January 1892 at Upper Boomley. (s. 59)

    Thomas Samuel Black. ⁴ I arrested prisoner at Boomley. I (confronted ?) with John Finn. I said to Finn do you know this man. He said yes he was fencing for my father. Did he do anything to you lately. He said yes last Sunday about 4 pm I was lying in my tent. Prisoner (came ?) in & laid alongside of me. He held me & took my trowsers down & put his person into my bottom. I said (why ?) (did ?) you not get away from him. He said I could not he held me, that prisoner told him not to tell any one. I said did you tell any one.

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He said I told Martin & Harry O’Brien (the ?) (next ?) morning. There was (no ?) (one ?) in the camp that day. My father had gone into Mudgee. Prisoner said to Finn didn’t you (do ?) (it ?) (to ?) (me ?) first. Finn said yes you made me. I said to Finn what do you mean. Prisoner said look here, at the same time taking a pair of trowsers from the bough of a pine tree at the camp. Putting his hand through a large hole in the seat of the trowsers prisoner said it was last Tuesday or Wednesday I think. I was lying in the tent & didn’t you come & lie down alongside of me & put your person through the trowsers

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into my bottom. Finn replied yes you made me do it. I said where was (your ?) (father ?). He said outside the tent. I (said ?) did you tell him. He said no I was (frightened ?). I arrested prisoner & charged him with the offence. He said he did it to me first. I then cautioned him & brought him to the lock up.

    John Finn. I am 15. On the 31st January I was at Boomley. I & Sutton were at the camp & in the (?) I was lying down in the tent. He pushed me down on the bed. He took my trowsers down & took his thing out & put it into me, behind. He was for 15 minutes. He went out. He said he heard someone coming, to get up & put my trowsers [on].

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He told me to tell no one. I saw prisoner again it was (somewhat ?) about 9 o’clock. I had gone to bed. He came in & did it again as he did before. I tried to stop him. My father was away at Mudgee. On Monday Ted Martin came to the camp & I complained to him & Harry O’Brien.

    Cross-examined. Harry O’Brien was there the next day.

    Edwin ⁵ Martin. On a Monday I saw Johnny Finn. He made a complaint to me. On Tuesday morning prisoner asked me was I up him. I said who, the kid? I said why do you ask that question. On account of you keeping him away from me all night. On the Tuesday evening he said did the boy tell you any

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thing about me. I said no.

Verdict Guilty.

6th August ’78 larceny	1 month.
February ’88 obscene language	6 months.
September ’89 indecently assaulting youth under 14 years	7 [sic] years hard labour.
May ’91 obscene language	1 month.
Assault Police	1 month.

Sentence 10 years penal servitude.

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The Sydney Morning Herald, Fri 8 Apr 1892 ⁶

MUDGEE CIRCUIT COURT.
———◦———
(By Telegraph.)
(From Our Correspondent.)
———

Mudgee, Thursday.

    At the Circuit Court to-day, before Mr Justice Windeyer, Wm Sutton, charged with an offence, was sentenced to 10 years’ penal servitude.

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William Sutton, Gaol photo sheet ⁷

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Gaol Photo Sheet - Transcribed Details

No. 769
Bathurst

Date when Portrait was taken: 31-5-1892

Name: William Sutton

Native place: BC Parramatta Year of birth: 1849 Arrived       Ship: – in Colony }  Year: – Trade or occupation previous to conviction     } Laborer Religion: Church of England Education, degree of: R&W Height: 5' 10" Weight     On committal: – in lbs     } On discharge: – Colour of hair: Brown Colour of eyes: Hazel Marks or special features: Scar left arm Scar 4th finger Scar right arm + wrist. Scars on back of head

Where and when tried: Mudgee Circuit Court. 7th April 1892 Offence: Buggery Sentence: 10 years P.S. Remarks:

(No. of previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
Mudgee P.O. Coonabarabran P.O.  Coonabarabran Q.S Mudgee P.O  ditto	6 15 11 12 12	8 2 9 5 5	1878 1888 1889 1891 1891	Larceny Obscene language Indecent assault Obscene language Assault Police	1 Month HL 6 Months HL 2 Years H.L. £1 or 7 days Imp £1 or 1 Month Imp  |  Accumulative

 

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¹     Evening News, (Sydney, NSW), Sat 14 Sep 1889, p. 5.

²     SRNSW: NRS880, [9/6836], Supreme Court, Papers and depositions, Mudgee, 1892, No. 26. Emphasis added.

³     SRNSW: NRS7855, [2/7601], Judiciary, WC Windeyer, J. Notebooks Circuit Courts, 1876-95, pp. 10-14. Emphasis added.

⁴     As given in transcript of depositions, though the evidence here is more for Slack or Stack.

⁵     Edward in transcript of depositions.

⁶     The Sydney Morning Herald, Fri 8 Apr 1892, p. 3.

⁷     SRNSW: NRS1998, [3/5958], Bathurst Gaol photographic description book, 1874-1930, No. 769, p. 99, R5085.

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