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1864, John Taylor - Unfit For Publication
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Depositions for John Taylor 28 Apr 1864 Goulburn trial 1

Police Office, Braidwood
15th December 1863

James Martin QC, Attorney General, Sydney

Sir,
    We do ourselves the honour to transmit herewith the depositions taken at this office in the case of the prisoner named in the margin (John Taylor) who has been committed to take his trial at the next Circuit Court to be holden at Goulburn on a charge of committing an unnatural offence on the body of a mare.

    We have the honour to be,
      Sir,
    your most obedient servant.
[Signed] James Harrop Griffin, JP, Commissioner in Charge of Southern Gold District, and [Name illegible],
JP.

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Depositions of Witnesses.

New South Wales
TO WIT             }
The examination of Hugh Thompson of Little River in the Colony of New South Wales, Senior Constable, Lum Tim of Little River, Storekeeper, and Denis O’Brien of Little River in the said Colony, Miner, taken at oath this 5th day of November in the Year of our Lord one thousand eight hundred and sixty three at Braidwood 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 John Taylor who is charged this day before me that he the said John Taylor on the 31st day of October at Little River in the said Colony, did commit an unnatural offence on the body of a mare

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This Deponent Hugh Thompson being duly sworn saith as follows:-

    I am a Senior Constable stationed at Mongarlow [sic–Mongarlowe].

    I apprehended the prisoner now before the Court John Taylor on Sunday last the 1st of November instant on a charge of having committed an unnatural offence with a mare. I apprehended him at Charley Ong, I told him the charge as above stated and he asked me who my informant was. He also said they had better prove it.
[Signed] Hugh Thompson.

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    This Deponent, Lum Tim being duly sworn after the custom of his country saith as follows: I am a storekeeper residing at the Little River in this district.

    I know the prisoner before the Court. On last Saturday I saw him in Charley Ong’s paddock on the Little River. It was very early, 6 o’clock in the morning.

    I went out there to catch my mare. I saw the mare and the prisoner together. The prisoner was standing on a crooked tree and the mare was in front of it. He was standing behind my mare, she was up against the tree.

    I saw the prisoner take his trousers down. I saw his private parts. I saw him making motions all the same as a man with a woman, he had his hands on the mare, I was about 15 or 20 yards off the prisoner. He saw me and then called out to me to bring the bridle. He then got down off the tree. I sang out to him before he saw me and when I sang out he jumped down

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off the tree quick and said “Bring the bridle”. I then went away, I saw the prisoner again about 10 o’clock the same morning he was then digging near his house. I had the mare with me at the time.

    I said to him “Suppose my mare gets sick and die I’ll get you in trouble.” I said “I send Constable to you.” He said “Very well.” I went away then. He said if I did not say anything about it he would give me his horse.

    When I left him in the paddock in the morning with my mare I went to his house and told his wife I told her that Jack (meaning prisoner) had done wrong with my mare that morning.

    By the Bench: When the prisoner was standing on the tree he was close up against the mare her tail was towards him. I was coming up behind him and cannot swear that I saw him put his private parts into her.

    By the prisoner: I was at your house on the Friday evening previous.

    I did not ask you to let me put the mare

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in the paddock.

    You did tell me a month or so before not to put my horses in the paddock. I wanted your race of water off you more than a month before this occurred. I did not send my men to break down your dam I never said that I would get you turned out of that if you would not give me the water.

    I wanted to buy a horse from you about 4 months ago. No person advised me to bring this case against you.
[Signed] Lum Tim (his X mark) Witness to mark.
[Signed] Ralph Clemenger, Clerk of Petty Sessions [Braidwood].

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    This deponent Denis O’Brien being duly sworn saith as follows: I am a digger residing on the Little River in this district. I know the prisoner now before the Court. He was my mate when this occurrence took place. I saw a chinaman on Saturday last between 9 and 10 o’clock in the morning. He was at our Claim. It was the last witness (Lum Tim) the prisoner was also at the Claim at the same time. The chinaman had a grey mare with him.

    I heard the chinaman say to prisoner “If my mare dies I will give you a great deal of trouble.” They had some other conversation which I did not hear. The prisoner said “If the mare dies I will replace her.”

    The chinaman did not say within my hearing what was the matter. I heard no other conversation about the case in the hearing of the prisoner.

    I was 12 or 15 yards off the prisoner and I distinctly heard

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him use the words I have stated.

    By prisoner: I heard you say that you would give Lum Tim the horse.
[Signed] David O’Brien.

    The above depositions of Hugh Thompson, Lum Tim and Denis O’Brien were taken and sworn before us this 5th of November 1863.
[Signed] James Harrop Griffin, JP, Commissioner in Charge of Southern Gold District and [Signature illegible], JP.

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Statement of the Accused.

New South Wales
TO WIT              }
    John Taylor stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 5th day of November in the Year of our Lord one thousand eight hundred and sixty three for that he the said John Taylor on the 31st day of October 1863 at Little River in the said Colony, did commit an unnatural offence on the body of a mare and the examinations of all the witnesses on the part of the prosecution having been completed, and depositions taken against the accused having been read or caused to be read to him by the said JH Griffin, JP, by or before whom such examination has been so completed, and the said JH Griffin, JP. 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 that 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 John Taylor and the witnesses for the prosecution Hugh Thompson, Lum Tim and Denis O’Brien being severally examined in his presence, the said John Taylor 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 John Taylor saith as follows: “I have nothing to say at present.” Taken before me this 5th of November 1863 at Braidwood.
[Signed] JH Griffin, JP.

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The prisoner John Taylor stands committed to the common Gaol at Goulburn until the next Circuit Court to be holden at Goulburn when an indictment will be preferred against him for the offence os which he stands charged.

Courthouse Braidwood, November 5th 1863.
[Signed] JH Griffin, JP.

~ ~ ~ ~ ~

The Goulburn Herald, Wed 27 Apr 1864 2

LOCAL AND PROVINCIAL.
———o———
GOULBURN ASSIZES.

    The Goulburn assizes commenced on Monday last, with a list of thirty-five cases. His Honor Mr Justice Milford presided. HH Voss, Esq, JP, acted as deputy sheriff, and Mr R Milford as clerk of arraigns. The Attorney-General, assisted by Mr Williams, crown-solicitor, conducted the prosecutions. The barristers present were Messrs Isaacs, Windeyer and Simpson; the attorneys, Messrs Walsh, Gannon, and Scarvell.

    The usual proclamation against vice and immorality having been read, the following case was called on:—

~ ~ ~ ~ ~

Justice SF Milford’s Notebook 3

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John Taylor
on 31October 1863
at Little River,
buggery of a mare.
[Plea] Not Guilty

    Hugh Thomson Constable. I apprehended prisoner Sunday 1 November. I (examined ?) him. I apprehended him for an unnatural offence with a mare. He asked who informed. I said he would know that when he got to Braidwood.

    By Mr Windeyer I (?) (O’Brien ?) he is under some charge for cattle stealing.

    Lum King [sic–Lum Tim] I know prisoner, have known him before 31

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October – I lived at Little River 3 years. I knew him 2 months ago at some other place. I had a mare running at Charles (?) Paddock. I saw the prisoner Saturday morning at 6 o’clock on 31st October – I went to look after the mare. I saw the prisoner & mare altogether. Prisoner was standing on a crooked tree. He had one hand on the mare’s tail. His trousers down. I saw his private parts. I came behind him. I saw him (20 ?) yards off. I saw his trousers down altogether. He put his hands on the mare & did what a man does to a woman. I was carrying a bridle. I went up to him. I sung out Hey. He came off the tree.

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He told me to bring the bridle. He came down off the tree & went the other side of the mare & pulled up his trousers. I saw his private parts close to the mare. I did not say any thing to him then. I was frightened lest he should kill the mare. I said good morning. He said he would catch the mare & I said I would do so & (?) he went away. I went home & got my breakfast. I saw him about 10 o’clock. I went to his house. He was not at home. I found him in a gravel hole. There was another mare there. I said John Taylor I saw you do my mare this morning, suppose my mare dies I’ll give you plenty of trouble. The mare is not dead.

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The mare was very bad. He said come back as I was going away. He said if you no say any thing about it I will give you a horse. I went home. I told his wife. I did not tell the police.

    Cross examined. I live 9 miles from the prisoner. He was digging. I was not. He had a race of water. I wanted to get it from him. I (promised ?) him £2. We had no row before about it. I keep a store. The prisoner’s wife did not get grog there. I passed prisoner’s house every week. They bought (tea ?) & sugar from me. I knew him 12 months before this. I wanted to buy a horse from him. I did not. I asked him some times. I did not see him several times about it.

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    When I came up with the bridle I put it on & took the mare home. I came up behind the prisoner. I saw his private parts in the mare. (An interpreter being sworn) I did not see the private parts of the man in the mare. I was not in the prisoner’s house for a week before. I was not there the night before. I was not at the house at all on Friday. The paddock in which it was belonged to (?). Prisoner lived there, he had his house there. I did not ask prisoner’s leave to put the mare in the paddock. I asked Mr (?). I might have asked him a long time before.

    I did not ask him at all. He had a horse there. I did not want it. I offered £11 for it. He wanted £14.

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    I don’t know Mr O’Brien. I know a man who lived with him. I don’t know Denis – I never spoke to that man. I have not been at prisoner’s house since he was taken. I have not seen the man I mentioned today. I saw this man digging with the prisoner. I have never been near there since prisoner was apprehended. I don’t know what became of the mare.

    Denis O’Brien. I know the prisoner, have known him 7 months. I was working with him when he was taken up. I was taken into custody a fortnight. I heard conversation between prisoner & chinaman on a Saturday (pm?) King [sic–Tim ?] (it ?) was between 10 & 11

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o’clock. The chinaman called him out of the hole. He said what have you been doing with my horse. He said if this mare died he would give you plenty of trouble. There was something said about a horse. Prisoner was in one part of the hole & I another. The hole 7 feet deep. The prisoner said something about a horse. I never had a quarrel with the prisoner. I boarded with him for a month. I lived in his house after he was apprehended. Prisoner’s wife was apprehended. I paid 12s a week for board. I don’t know of prisoner’s quarrelling with his wife. She did not

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drink that I know of. I don’t know where it came from. I saw the chinaman on the road 4 months ago. I saw the chinaman at prisoner’s house the night before the charge was made. He had taken tea there. The prisoner’s wife & I were taken up for cattle stealing. We are (innocent ?) (& ?) to take our trials.

    Case closed for Crown – [Mr] Windeyer addressed the Jury.

    The chinaman recalled. The mare stood there, did not run away. She is very quiet.

Verdict not guilty.

~ ~ ~ ~ ~

The Sydney Morning Herald, Fri 29 Apr 1864 4

TELEGRAPHIC DESPATCHES
(FROM OUR CORRESPONDENT.)
GOULBURN.

Thursday, 6 pm


John Taylor, for bestiality, found not guilty.

~ ~ ~ ~ ~

The Goulburn Herald, Sat 30 Apr 1864 5

LOCAL AND PROVINCIAL.
———o———
GOULBURN ASSIZES.
WEDNESDAY—APRIL 27.

The court re-opened at ten o’clock this morning.

THURSDAY—APRIL 28.

The court re-opened at ten o’clock this morning.

BESTIALITY.

    John Taylor, an aged man, was charged with committing this offence with a mare at Little River on the 30th October last.

    Prisoner pleaded not guilty and was defended by Mr Windeyer; attorney Mr Walsh.

    Constable Hugh Thompson of the Braidwood police, proved the apprehension of the prisoner.

    Lum Tim, a Chinese storekeeper at the Little River was sworn by blowing out a match, and deposed to the commission of the offence by prisoner; prisoner was a married man living at the time with his wife. This witness was cross-examined with the view of showing that there was an ill-feeling between him and prisoner; but he denied it.

    Denis O’Brien sworn: I know the prisoner about seven months; he was working with me when taken into custody; I am in custody myself for the last fortnight on a charge of cattle-stealing; Lum Tim came to where the prisoner and I were working, and said to prisoner, “if my mare dies, I shall give you plenty of trouble;” prisoner said something in reply, which I did not hear; lived in prisoner’s house; we were always the best friends.

    This witness was cross-examined by Mr Windeyer, but nothing material elicited.

    The case for the Crown closed down.

    Mr Windeyer addressed the jury on behalf of the prisoner. He believed that the present case was one that the jury would not find it necessary to deliberate long about. They would bear in mind the nature of the evidence adduced. With the exception of the Chinaman, there was no witness produced by the Crown to criminate the prisoner. The Chinaman was the only witness who testified to the commission of the offence; and he would ask them could they, on the unsupported statement of this Chinaman, consign their fellow-countryman to an ignominious death on the gallows, for death was the penalty of the crime charged against the prisoner. There was a dispute between the prisoner and the Chinaman about a water-race, and from this, no doubt, the Chinaman might have entertained a hostile feeling against the prisoner, and had recourse to this prosecution for the purpose of revenge. The case was surrounded with suspicion and doubt, and he confidently left it to the jury to return a verdict in favour of the prisoner.

    His Honor having summed up, the jury retired and, after half an hour’s deliberation, returned a verdict of not guilty, and the prisoner was discharged.

~ ~ ~ ~ ~

Queanbeyan Age and General Advertiser, Thu 5 May 1864 6

GOULBURN ASSIZES.
(Abridged from the Goulburn Herald and Chronicle.)

THURSDAY—APRIL 28.

    The court re-opened at ten o’clock this morning.

BESTIALITY.

    John Taylor, an aged man, was charged with committing this offence with a mare at Little River on the 30th October last.

    The jury returned a verdict of not guilty, and the prisoner was discharged.

 


1  SRNSW: NRS880, [9/6466], Supreme Court, Papers and depositions, Goulburn, 1864, No. 5851. Emphasis added.

2  The Goulburn Herald, Wed 27 Apr 1864, p. 2.

3  SRNSW: NRS7456, [2/6323], Judiciary, SF Milford, J. Notebooks Circuit Courts, (Bathurst, Maitland, Brisbane, Goulburn), 1856-65, pp. 14-21 . Emphasis added.

4  The Sydney Morning Herald, Fri 29 Apr 1864, p. 4.

5  The Goulburn Herald, Sat 30 A pr 186 4, p. 4. Emphasis added.

6  Queanbeyan Age and General Advertiser, Thu 5 May 1864, p. 2. Emphasis added.