The Pastoral Times, Sat 24 Feb 1883 1
DENILIQUIN POLICE COURT.
SATURDAY, FEBRUARY 17.
(Before the Police Magistrate).
Thomas Gorman was charged with bestiality.
Luke Queenan, a constable stationed at North Deniliquin, deposed to the arrest of the prisoner at his brother’s house at North Deniliquin on the previous day. I cautioned him and told him the charge. I asked him if he had been out on the common. He said “Yes.” I said “Tom Macmillan said you were in the fork of a tree offending as charged with a bald faced mare. Is that true?” He said “Yes, sir.” I then took him to the lockup. The two questions were separate, and two separate answers were given.
Cross-examined: The boy seems very stupid. I am not sure that the accused understood the effect of the question. I believe that he understood what I said.
To the Bench: He only said “Yes sir,” and “No sir,” to any questions put to him. He spoke rationally, but I think he is a stupid fellow. His behaviour so far as I have known him is good.
To Mr Ochiltree: He is generally by himself. I have not seen him associating with loose company.
Thomas Macmillan, deposed: I am herdsman of the Deniliquin Common. I saw the prisoner at about half-past ten or eleven on the north common. I was cantering along on horseback. I was on a plain. The prisoner was on a point of timber when I first saw him. He was standing on the fork of a tree, behind a mare. The fork was about three feet sex inches high. He was leaning against the mare with his arms on her rump; as soon as he saw me he slipped down from where he was standing. Prisoner looked over his shoulder and saw me. I went on and did not pull up my horse. Prisoner looked over his shoulder at me again when he was on the groung. I never spoke to him; and I did not notice his hands. When I first saw the prisoner I did not see any movement. I believe it was a bay mare. There were other horses at the place. I believe it was Gorman’s mare with a white face.
Cross-examined: Gorman has a lot of horses. I was thirty or forty yards away from the prisoner.
To the Bench: I did not see whether his clothes were disarranged. I came upon him suddenly, and he slipped down immediately. Prisoner might have seen me but the trees were between us. I have known the prisoner for about four years. I am on good terms with prisoner’s family. I have no ill-feeling towards the prisoner. The reason that I did not speak to the prisoner was that I was so astonished I rode by before I had time to speak. The mare’s head was not close to any tree.
Peter Stratton, deposed: I am a driver for Mr Bailey, a carrier. I know the prisoner. I saw him yesterday morning; we went out at about seven o’clock to look for our horses. We were together about five hours. We found Gorman’s horses about half-past seven; and then found three of mine. We left Gorman’s horses, and then Gorman and myself went away to look for more. We went to Landale’s paddock. After finding my other two horses we we [sic] went to look for kangaroos, after which we took the two last horses found to where the other three were—Gorman was with me all the time. We then went to look for more horses that were missing. Shortly after this we went to the Government Tank and then came to a sandhill. We then got off and fixed our saddles. Gorman said “There is the herdsman.” I took no notice of what he said. I did not see the herdsman. After we get on our horses he said, “I will go down and get my horses and then go home.” That was about eleven o’clock. He then left me for about ten minutes or a quarter of an-hour. His horses were about half-a-mile off. I saw him afterwards coming home with his horses. We then came on to Deniliquin together. Gorman was riding a chestnut horse—not a mare. I know all Gorman’s horses. There are two mares; one with a star on the forehead, and the other a blaze down the face. None of the other horses had a white face. Gorman did not say anything about Macmillan on the way to Deniliquin. There was a clump of timber on each side of the place where we found Gorman’s horses.
Cross-examined: We never in any way referred to such a charge as that brought against the prisoner when we were talking together. I never spoke to him at any time about such an offence. I never heard him allude to such a thing. No such offence was committed while I was in his company. I did not see his dress disordered.
Re-examined: When I separated from Gorman I had to go half-a-mile for my horses, which were about half-a-mile from Gorman’s in another direction. When I overtook Gorman he was about a quarter of a mile on the road to Deniliquin. I travelled about a mile after leaving Gorman before I caught up to him again. The chestnut mare is very quiet.
The prisoner was committed for trial at the next Circuit Court, to be held at Deniliquin, on Monday, 23rd April. The prisoner reserved his defence. Bail was accepted in two sureties of £50 each, and himself in £100.
1 The Pastoral Times, Sat 24 Feb 1883, p. 3. Emphasis added.