The Sydney Morning Herald, Wed 19 May 1880 ¹

POLICE.
———◦———
CENTRAL POLICE COURT.

    Yesterday the Bench on the Criminal side was occupied by the Police Magistrate, with Messrs Neale, Dean, Field, Booth, and Sladen; and on the Summons side by Messrs Charlton, Nelson, Fremlin, and Hart.
…
    William Smith, 21, and William Williams, 22, charged with an offence, were committed to take their trial at the Gaol delivery to be held in August.

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Depositions for William Smith and William Williams 11 Aug 1880 Sydney trial ²

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

Depositions of Witnesses.

New South Wales, City of Sydney
TO WIT.                                       }

The examination of Senior Constable Hugh McIntosh of the Police Force in the Colony of New South Wales, Michael Sheedy of Sussex Street Sydney “Boarding House Keeper”. Bridget Sheedy of Sussex Street Sydney “Married Woman” and Myles Egan “MP” of Sydney in the said Colony, taken on oath, this 15th day of May in the year of Our Lord one thousand eight hundred and eighty at the Central Police Court Sydney 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 William Smith and William Williams who are charged this day before me, for that they the said William Smith and William Williams, on the 14th day of May instant at Sydney in the said Colony, did attempt to commit the abominable crime of buggery with each other 

~ ~ ~ ~ ~

1

William Smith
and
William Williams

Attempting to commit the abominable crime of buggery with each other.

    Senior Constable Hugh McIntosh on oath states:–

    About quarter to 12 o’clock on last night I arrested the two prisoners and charged them with attempting to commit the

2

abominable offence of buggery with each other.

    They made no reply to the charge.

[Signed] Hugh McIntosh.

Sworn at Sydney this 15th May 1880 before.
[Signed] William Charles Browne,  JP.

3

    Michael Sheedy on oath states:--

    I reside in [182/148] Sussex Street, Sydney and am a boarding house keeper.

    I know the two prisoners by sight. On last night between 11 and 12 o’clock they came to my house and asked for a bed.

    I gave them a bed in a room upstairs.

    My wife told me something about 20 minutes after they had been upstairs.

4

    I took off my boots and went upstairs, and stood at the doorway. There were 5 beds in the room and I gave the prisoners a bed for each of them and I showed them (?) into the beds when they went upstairs and they each went into a separate bed.

    When I went upstairs afterwards I saw the two prisoners both in one bed, and one of them was lying with his face

5

to the wall and the other was lying alongside of him, with his face to the other’s back and they were moving as if they were having connections with each other.

    The prisoner Williams’ bed was then unoccupied – I saw him jump out of Smith’s bed and I told him that if he did not stop that sort of work I would call for the police, and he then

6

called me an old bugger and told me to go and fuck myself.

    I afterwards told the police.

    The two beds I gave the two prisoners were nearer the doorway than the other three beds.

    By Smith: I saw Williams in your bed.

    There were three other men in the room and they appeared to be quiet and asleep.

    By Williams: You have slept in my house about five eight or nine nights

7

and you always took your shirt off before you went to bed.

    You were in bed with the other prisoner.

    I told you that your conversation was very bad and that I would call the police and you said that it would take more than two bobbies to take you.

[Signed] Michael Sheedy.

Sworn at Sydney this 15th May 1880 before.
[Signed] WC Browne, JP.

8

  Bridget Sheedy on oath states:–

    I am the wife of the last witness.

    On last night the two prisoners came to my place to sleep. My husband showed them upstairs to bed.

    About 20 minutes afterwards the two prisoners were making a noise and singing. My husband went upstairs to speak to them and he came down again. About 20 minutes after my husband came down I went up and spoke to them about making a noise 

9

and Williams told me to go and bugger myself.

    I came downstairs and stood underneath the room and I heard someone get out of bed in the room upstairs and then go into another bed. To the best of my opinion it was Williams who went into Smith’s bed. After he got into bed with the other prisoner I heard a noise and they appeared to be having connection with each other.

    I heard their body’s [sic]

10

moving.

    Smith: I did not see Williams in your bed.

    I saw him in his bed.

    By Williams: You were singing in your bed when I went upstairs and you told me to go and bugger myself and fuck myself. I believe the other men in the room were asleep.

    I could hear a pin fall in the room upstairs if I was standing downstairs, under the room.

    Your bed

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was about a yard from the prisoner Smith’s bed.

    I don’t know how many nights you have slept in my house.

[Signed] Bridget (her X mark) Sheedy.

Sworn at Sydney this 15th day May 1880 before.
[Signed] WC Browne, JP.

12

    Myles Egan on oath states:–

    About 2 o’clock this morning (15th May) I examined the two prisoners and found the anus of Smith rather wider than usual and there was some slight redness.

    There was nothing particularly observable about the anus of the other prisoner although it was rather loose.

    I examined the penis of both 

13

the prisoners and did not notice anything remarkable about them. The appearances of the anus of Smith may have been caused by a person having connections with him.

[Signed] M Egan.

Sworn at Sydney this 15th May 1880 before.
[Signed] WC Browne, JP.

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

Statement of the Accused.

New South Wales,
TO WIT.                 }

William Smith and William Williams stand charged before the undersigned one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 15th day of May in the year of Our Lord one thousand eight hundred and eighty for that they, the said William Smith and William Williams on the14th day of May instant at Sydney, in the said Colony, did attempt to commit the abominable crime of buggery with each other, 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 them by me, the said Justice, before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given them clearly to understand that they have nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to them to induce them to make any admission or confession of their guilt, but that whatever they shall say may be given in evidence against them upon their trial, notwithstanding such promise or threat; and the said charge being read to the said William Smith and William Williams, and the witnesses for the prosecution being severally examined in their presence, the said William Smith and William Williams are 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 Smith and William Williams say as follows:– “Witnesses to call”.

Taken before me, at Sydney, in the said Colony, the day and year first abovementioned.
[Signed] WC Browne, JP.

15

    Remanded till Tuesday next about 11 o’clock am. Sydney 15th May 1880.
[Signed] WC Browne, JP and Alfred Whittam Sladen,  JP.

16

Defence

    Robert Smith on oath states:–

    I reside at the corner of Riley and Foveaux Streets Sydney and am a labourer.

    On last Friday night the prisoner Smith paid for three beds at Mr Sheedy’s house and we were skylarking in the room. About 12 o’clock at night Smith got out of bed and came over to me and asked for a match and

17

I gave him one.

    Mr Sheedy said that he would go for a policeman if we did not use better language. 

    I did not see the prisoner Williams get into Smith’s bed. I don’t believe he could have done so without my knowledge. I was awake from 12 till 3 o’clock and did not see him in his bed during that time and I did not hear the two of them speaking to

18

each other. I did not know what he Mr Sheedy gave them in charge for.

    By Bench: My bed was in the far corner of the room and about a yard or two from Smith’s bed – I was in one corner and Smith was in the other.

    By Williams: I recollect Smith asking your for your pipe. 

    You were lying quietly in your bed when Mr Sheedy came upstairs. I 

19

don’t recollect Mr Sheedy coming upstairs.

    I recollect Mr Sheedy being downstairs and calling out “Stop it Williams” and you were then in bed and not making a noise.

    By Police: I am a Farm labourer and the last farm work I did is about nine months ago.

    I am pretty always employed.

    I live at my Godfather’s house and go home regularly.

    I remember everything what

20

occurred from 12 till 3 o’clock.

    I was awoke by Smith asking me for a match.

    I don’t know anything what occurred before 12 o’clock.

    The room was not very dark. You could see about in the room.

[Signed] Robert Smith.

Sworn at Sydney this 18th May 1880 before
[Signed] William Charles Browne, JP.

21

    The prisoners are committed to take their trial at the next Court of Gaol Delivery.

[Signed] William Charles Browne, JP.
Sydney 18th May 1880.

~ ~ ~ ~ ~

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

Recognizance to give Evidence.

New South Wales,
To Wit.                    }

Be it remembered, that on the 18th day of May in the year of Our Lord one thousand eight hundred and eighty Hugh McIntosh a Senior Constable of the Police Force, Michael Sheedy of 182 Sussex Street in the Colony of New South Wales, Bridget Sheedy of 182 Sussex Street Sydney in the said Colony, 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 sun 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.

[Signed] Hugh McIntosh, Michael Sheedy, Bridget (her X mark) Sheedy.

Taken and acknowledged, the day and year first above mentioned, at Sydney in the said Colony, before me,
[Signed] (?) JP.

The Condition of the within-written Recognizance is such, that whereas William Smith and William Williams was this day charged before WC Browne Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with attempted Buggery. If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Darlinghurst, in and for the Colony of New South Wales, on the ninth day of August 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 Smith and William Williams for the offence aforesaid, to the Jurors who shall pass upon the trial of the said William Smith and William Williams then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] (?) JP.

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[On the depositions’ cover sheet is the following]

Central Criminal Court
9 August 1880
No. 109
Depositions.
Regina No. 2
v.
William Smith
and
William Williams
Bestiality [sic]
See within R[obert] W[isdom, AG]
Committed at Central Police Court
on 18 May 1880

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Attempt to commit sodomy

[Initialled] RW AG
21/5/80

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Justice WC Windeyer’s Notebook ³

85

[Sydney, 11 August 1880]
William Williams, William Smith – Attempt to commit buggery – 14 May 1880.

    Constable Hugh McIntosh. About 1 am 14th May arrested 2 prisoners, charged them with attempting to commit sodomy. They said they did nothing of the kind, they were on separate beds. 5 beds in the room.

    Williams cross-examines. You did not refuse to go with me.

    Smith cross-examines. You asked what you were (given ?) in charge (?) (?) – I did not say the police might then get another doctor – all beds were occupied I think. You asked for (witness ?) to be called. The Doctor examined that night.

86

    Dr [Myles] Egan. About 2 o’clock on Monday 15th May I examined the prisoners. On the person of Smith I found anus rather wider than usual & there was a certain amount of redness all round the orifice. It might be occasioned by a man’s person attempting to enter it. Williams’ anus somewhat loose, no redness. Nothing particular (?).

    Cross-examined Williams. The police stated the offence of which you were accused.

    Cross-examined Smith.

    Michael Sheedy. Keep a boarding house in Sussex Street. They came between 11 & 12 and asked for

87

beds, two others with them. I showed them a bed each, five in one room. Stopped there till they were in bed. They got into separate beds. After I heard a noise of singing songs & shouting for police. They appeared sober. I went up & told them to behave or I would  put them out. They said they would go out if they might (put ?) (?) (beds ?) (?). My wife after that called my attention to something. I took off my boots & went upstairs to the door of their room. I had the candle with me. Door open. Heard a noise as of man & wife in bed. Saw them in one bed under the clothing (the prisoners) Williams with his face to Smith’s back. It was Smith’s bed. Saw a movement in the bed. I said Get out of bed you scoundrels & clear out

88

of my house. Williams said you old bugger. (Brice ?) said (it was ?) the old bloke again (?) it.

    Cross-examined Williams. You gave me (1/6 ?) for bed. I gave you all your money back. You wanted to know the charge against you.

    Cross-examined Smith. I was downstairs when you came in.

    Bridget Sheedy. Wife of last witness. Know prisoners. Remember their coming. Williams came by himself in (between ?) 11 & 12. Smith came with another after him. Had seen Williams with the others before. I saw Williams in his bed & afterwards heard him get out of his bed & get with Smith. Heard a (?) noise. Called my husband who was looking for police.

    Williams.

89

For Defence.

    Robert Smith. I came in with Smith. I was up a quarter of hour in room before you came up. I can’t recollect his speaking to you. He accused you of making a row. You (began ?) to (say ?) (other ?) (?) accused me. You never got out of your bed I never see you. I was awake from 12 to 2.

    By Smith. I came in with you. I did not hear him say he would (bring ?) (police ?) to us if we did not stop singing. Crime could not be committed in the room without my seeing it. I slept along side of your bed.

    Cross-examined. Have never known Williams before that night. Have known Smith 7 months. He paid for our beds. Am just out of gaol for 2 months for stealing money. Once in before for stealing (?) (?) (?)

90

    [William] Smith calls

    William (Brice ?). Smith & I & prisoner Smith came together to Sheedy’s. Williams did not come in with us. Prosecutor was down stairs when we came in & showed us upstairs. Never saw Williams before that night. Sheedy struck me for calling him (?). The crime could not be committed without my seeing it.

    Cross-examined. Williams was asleep not kicking up a row at any time. Am serving sentence of 6 months. Was convicted before of stealing.

Verdict. Not Guilty. 12 months imprisonment in Darlinghurst Gaol.

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Evening News, Thu 12 Aug 1880 ⁴

CENTRAL CRIMINAL COURT.
————
(Before His Honor, Justice Windeyer.)
WEDNESDAY, AUGUST 11.

…

UNNATURAL OFFENCE.

    William Williams and William Smith were charged with having, on May 14, at a lodging-house in Sussex-street, committed an offence against nature. The prisoners pleaded not guilty; but the evidence against them was very conclusive. It was of a character unfit for publication, disclosing revolting particulars. The jury returned a verdict of guilty against the prisoners, who were each sentenced to one year’s imprisonment.

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The Sydney Daily Telegraph, Thu 12 Aug 1880 ⁵

LAW INTELLIGENCE.

…

CENTRAL CRIMINAL SESSIONS.
WEDNESDAY, AUGUST 11.
(Before His Honor Mr Justice Windeyer).

    The Hon the Attorney-General and Mr Healy prosecuted on behalf of the Crown.
…
    ATTEMPT TO COMMIT AN OFFENCE.– William Williams and William Smith were charged with an attempt to commit an unnatural offence at a lodging house in Sussex-street, on the 14th May last. Prisoners pleaded not guilty,  and were undefended. After hearing the evidence, the jury returned a verdict of guilty,  and they were sentenced to 12 months’ imprisonment  in Darlinghurst Gaol.

    The Court then adjourned until 10 o’clock this (Thursday) morning.

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The Sydney Morning Herald, Thu 12 Aug 1880 ⁶

LAW REPORT.

…

SUPREME COURT
WEDNESDAY, AUGUST 11.

…

CENTRAL CRIMINAL SESSIONS.

…

(Before his Honor Mr Justice WINDEYER.)
OFFENCE.

    William Williams and William Smith pleaded not guilty to having committed an offence at a lodging-house, in Sussex-street, on the 14th May. After hearing the evidence, which was of a disgusting character, the jury found the prisoners guilty, and they were each sentenced to twelve months’ imprisonment, with hard labour, in Darlinghurst Gaol.

    The Court, at a quarter past 6 o’clock, adjourned until the following (this) morning.

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William Williams, Gaol photo sheet ⁷

 

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Gaol Photo Sheet - Transcribed Details

No. 3504/80
No. of photo: 2306

Date when Portrait taken: c. 1880

Name: William Williams

Native place: London Year of birth: 1858 Arrived        Ship: Lusitania in Colony }   Year: 1879 Trade or occupation previous to conviction  } Stoker Religion: Church of England Education, degree of: R & W Colour of hair: Brown Colour of eyes: Hazel Height: 5' 6" Weight     On committal:  in lbs     }  On discharge:   Marks or Special Features: Anchor on left right arm, ring on middle finger right hand

Where and when tried: Sup Crim Court 11 August 1880 Offence: Commit sodomy Sentence: 12 months imprisonment Remarks: 10th August 1880 [sic] sentence expired

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

 

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William Smith, Gaol photo sheet ⁸

 

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Gaol Photo Sheet - Transcribed Details

No. 3504/80
No. of photo: 2304

Date when Portrait taken: c. 1880

Name: William Smith
(aka Captain Bluff)

Native place: Sydney Year of birth: 1859 Arrived        Ship:  in Colony }   Year:  Trade or occupation previous to conviction  } Labourer Religion: Church of England Education, degree of: R & W Colour of hair: Brown Colour of eyes: Blue Height: 5' 5" Weight     On committal:  in lbs     }  On discharge:   Marks or Special Features: Anchor on right arm W. under anchor

Where and when tried: Supreme Criminal Court Offence: Attempt to commit sodomy Sentence: 12 months imprisonment Remarks: 31st August 1880 to Goulburn Gaol

(No. of Previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
CPC ditto Sydney GD	4 27   3	10 10    9	1878  1879 1884	Obscene language Stealing Manslaughter	3 months C. 6 months (?) 10 years PS

  

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¹  The Sydney Morning Herald, Wed 19 May 1880, p. 7.

²  SRNSW: NRS880, [9/6653], Supreme Court, Papers and depositions, Sydney, Aug 1880, No. 109. Emphasis added.

³  SRNSW: NRS7851, [2/7389], Judiciary, WC Windeyer, J. Notebooks Criminal, 1879-95, pp. 85-90. Emphasis added.

⁴  Evening News, (Sydney, NSW), Thu 12 Aug 1880, p. 2.

⁵  The Sydney Daily Telegraph, Thu 12 Aug 1880, p. 3.

⁶  The Sydney Morning Herald, Thu 12 Aug 1880, p. 3.

⁷  SRNSW: NRS2138, [3/6043], Darlinghurst Gaol photographic description book, 1 Apr 1879-16 Apr 1881, No. 2306, p. 269, R5100.

⁸  SRNSW: NRS2138, [3/6043], Darlinghurst Gaol photographic description book, 1 Apr 1879-16 Apr 1881, No. 2304, p. 267, R5100.

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