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Decisions of the Superior Courts of New South Wales, 1788-1899

R. v. Wilson [1809] NSWKR 5; [1809] NSWSupC 5

sodomy, attempt - witness, non-attendance

Court of Criminal Jurisdiction
Atkins J.A.., 21 August 1809
Source: Court of Criminal Jurisdiction Minutes of Proceedings, 1809, State Records N.S.W, 5/1150

[144] John Wilson brought to the bar. Vide indictment no. 9.

Jacob Russell a boy of 11 years of age being sworn, says that he was in bed with the prisoner at the bar about an hour before daylight, and the prisoner told him that if he would part his legs down he would give him a knife. Deponent told him that he would not accept it. He then got over on the left side of me, that he wanted to connect with me, but could not. That he was a full quarter of an hour making such attempt. That he went to call out, but the prisoner kept his hand on his mouth which prevented him. That on getting up he acquainted his father with what had passed.

Jacob Russell senior, father of the preceding evidence sworn, says that the boy informed him of the circumstance as stated in his evidence.

The prisoner denies the charge and calls a character Griffiths.

Question by prisoner. What is my general character?

Answer. You have lived with me four years and have always behaved well. I have every reason [145] to believe that that you was intimate with one of Jack Russell's daughters.

Acquitted.

Mr Bayly the Provost Marshal informs the court John Wall living at the Nepean was regularly subpoenaed as on evidence to attend this court, and he gave/or answered that he would not attend. The court do therefore fine him £5 and to be imprisoned until paid.

Published by the Division of Law, Macquarie University