The Riverine Grazier, Sat 1 Jan 1881 1
HAY POLICE COURT.
(Before Mr JE Pearce, PM.)
Thomas Brown, charged with beastiality, [sic] was committed for trial at Deniliquin on 26th April.
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Deniliquin Chronicle and Riverine Gazette, Thu 28 Apr 1881 2
THE DENILIQUIN ASSIZES.
TUESDAY, APRIL 26, 1881.
[Before His Honor the Chief Justice.]
The court presided over by Sir James Martin, was opened at 10 am, when Mr Healy prosecuted for the Crown, and Mr Lee, attended from the Crown Solicitor’s office. The Bar was represented by Messrs Pilcher, Simpson, O’Ryan, and Fisher; Messrs Ochiltree, Gillott, MacNamara, and Edwards (local solicitors), and Mr Welsh, of Hay, being present.
In calling over the jurymen summoned, Messrs Morvan, Allanson, Mason, and Powles were fined 40s. Each for being absent.
(Jury—Messrs Cox, Mort, Moulton, Kynaston, Metcalfe, Little, Harry, Newtown, Heriot, Baxter, Fairchild, and W Leetham.)
Thomas Brown pleaded not guilty to an indictment of beastiality at Hay, on the 26th December last. It is inexpedient to give the evidence produced to support the disgusting charge, suffice to say, that George Hunt, a warder in the Hay Gaol, and Frederick Stutt, a baker living in the same town, were the witnesses for the prosecution; after hearing their evidence the jury retired, and on returning gave a verdict of not guilty, on which accused was discharged.
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The Pastoral Times, Sat 30 Apr 1881 3
TUESDAY, APRIL 26.
(Before His Honour Sir James Martin, CJ.)
The court opened at 10 o’clock. Mr JP Healey, acting as Crown Prosecutor.
Thomas Brown was charged with having attempted to commit beastiality at Hay.
George Hunt, warden in the Hay gaol, deposed that he was in company with a man named Stutt [aka Strutt], and saw prisoner in a public thoroughfare in an indecent position with a slut. Told him that he would put him in the lock-up, and prisoner replied, “You can’t do it for that.” Took prisoner to the lock-up.
Frederick Strutt also gave evidence, but it did not as to particulars exactly confirm that of the previous witness.
The prisoner in addressing the jury, stated that he had been drinking and was lying down under a fence when seen by Hunt.
His Honour in summing up, said that it was not sufficient that the jury might think prisoner intended to commit an offence; unless they were satisfied that it was proved he had committed some act to carry out that intention they could not find the prisoner guilty.
The jury after a short retirement, returned to court with a verdict of not guilty.
1 The Riverine Grazier (Hay), Sat 1 Jan 1881, p. 2.
2 Deniliquin Chronicle and Riverine Gazette, Thu 28 Apr 1881, p. 3. Emphasis added.
3 The Pastoral Times (Deniliquin), Sat 30 Apr 1881, p. 2. Emphasis added.