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1879, Lawrence Hayes - Unfit For Publication
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The Yass Courier and General Advertiser, Tue 1 Apr 1879 1

    YASS CIRCUIT COURT.— Mr Justice Faucett arrived in Yass last evening, and will this morning, at ten o’clock, open the Circuit Court. The cases for trial are—William Carroll, alias Driscoll, larceny; Thomas Watson, alias George Lodder, obtaining goods under false pretences; Laurence [aka Lawrence] Hayes, beastiality; Charles Henry Mallon, alias Smith, and William Serjeant, alias Jones, forgery and uttering. Mr JF Armstrong will prosecute for the Crown. 

    INSOLVENCY COURT.—Mr George Hill, of Yass, has given notice of his intention to apply for a certificate of conformity on Tuesday, 29th instant.

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The Burrowa News, Fri 4 Apr 1879 2

YASS CIRCUIT COURT.
————
TUESDAY, APRIL 1.
(Before his Honor Judge Faucett.)

    Mr FJ Armstrong prosecuted for the Crown. Mr FJ Manning from the crown solicitor’s office assisted the crown-prosecutor.

    The judge’s associate read the usual proclamation against vice, immorality, &c, Mr FJ Armstrong handing in his commission to persecute for the crown.

BESTIALITY AT PUDMAN CREEK

    Lawrence Hayes, fourteen years of age, was charged with having at Pudman Creek, on the 1st of February last committed the crime of bestiality.

    Prisoner pleaded not guilty.

    After hearing the evidence the jury retired to consider their verdict, and after and absence of twenty minutes returned a verdict of guilty of an attempt to commit the offence, and recommended prisoner to mercy on account of his youth.

    His Honor said he felt a difficulty in sending such a youth amongst the class of criminals that might be found in many of the gaols.

    The prisoner was remanded for sentence.

    The court then adjourned until Wednesday morning at ten o’clock.

————

WEDNESDAY, APRIL 2.


    Lawrence Hayes, convicted on the previous day of an indictable offence, was asked the usual question. He had nothing to say, and was sentenced to be imprisoned in Yass gaol for the period of twelve months. His Honor remarked that the sentence was more for the purpose of securing for the prisoner some instruction than for punishment.

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The Yass Courier and General Advertiser, Fri 4 Apr 1879 3

LOCAL AND GENERAL
———◦———
YASS CIRCUIT COURT.
TUESDAY, APRIL 1.
Before Mr Justice Faucett.

    The assizes were opened at Yass on Tuesday, by Mr Justice Faucett. Mr Makinson was the judge’s associate. Mr Williams, JP, represented the sheriff. Mr FJ Armstrong prosecuted for the Crown, instructed by Mr Wiltshire, from the Crown solicitor’s offices. The legal gentlemen in attendance during the session were—Messrs E Bennett, and AC Irwin, barristers, from Sydney; Mr WF Wilkinson and Mr Iceton, solicitors, were also present. 

    The usual proclamation against vice and immorality was read by the judge’s associate.

AN ABOMINABLE OFFENCE.

    Lawrence Hayes, a boy of fourteen, was arraigned on a charge of committing a capital felony, [bestiality with a sheep ], at Pudman Creek on 1st February last.

    The prisoner pleaded not guilty.

    His Honor asked if the prisoner were represented by counsel, but, a negative reply being given, his Honor asked Mr Irwin if he would watch the case for the prisoner as it was a capital charge on which he was arraigned.

    Mr Irwin: With pleasure, your Honor.

    His Honor before, however, assigning prisoner counsel, remarked that he understood the father of the accused had some property, and therefore the prisoner could not obtain counsel in forma pauperis.

    The father of the accused was brought into court, and, in answer to his Honor, who informed him that his son stood accused of a capital offence, said he could not afford to obtain counsel for his defence, as he was only a shepherd and had seven children to keep.

    His Honor: If you were accused of a serious crime yourself you would employ counsel to defend you.

    John Hayes: No, it would be just the same. I could not do it, for I have a wife and seven children to keep, and I am only a poor shepherd.

    His Honor: You are a man of property I understand, and your son is charged with a capital offence; surely you will employ a lawyer on his behalf.

    John Hayes reiterated his statement that he could not employ counsel on his son’s behalf, and the case was postponed till two o’clock, in order than some arrangements should be made in the matter; but at that time no arrangements having been effected as regarded securing legal gentleman to defend the accused, and as the court could not assign him counsel by reason of his not being a pauper in the eyes of the law, the prisoner stood his trial undefended by counsel.

    The following gentlemen formed the jury:—Thos Barber,  foreman, John O’Donnell, George Weatherby, John Collins, John McBean, Jabez Hill, George McFarlane, John Wilson, James Davis, sen, Hiram Quinn, Henry Boswell, John Hannam.

    An outline of the case was given by the Crown Prosecutor, and evidence as to the committal of the offence was given by constable Campbell. A certificate of birth showing that the accused was over the age of fourteen was put in by the Crown Prosecutor and attested by constable Anderson and the boy’s father, who, in answer to a juryman, said the boy had never been to school, had been to church when young, had never been taught anything, had been taught his prayers, and was employed in shepherding.

    His Honor, in his summing up, drew attention to the lamentable ignorance that existed, in spite of the number of churches and schools throughout the land, and said this was no exceptional case in point of ignorance.

    The jury, after a retirement of five minutes, brought in a verdict of guilty, of the attempt to commit the offence, and recommended him to mercy on account of his ignorance.

    His Honor remanded prisoner in order to consider what course should be adopted in the case, as it was not advisable to sent him to gaol, and he could not be admitted to a reformatory.

WEDNESDAY, APRIL 2.
Before Mr Justice Faucett.
SENTENCES.


    Lawrence Hayes, convicted on the previous day of an indictable offence, was asked the usual question. He had nothing to say, and was sentenced to imprisonment in Yass gaol for the period of twelve months. His Honor remarked that the sentence was more for the purpose of securing for the prisoner some instruction than for punishment.

 


1  The Yass Courier and General Advertiser, Tue 1 Apr 1879, p. 2. Emphasis added.

2  The Burrowa News, (NSW), Fri 4 Apr 1879, p. 2.

3  The Yass Courier and General Advertiser, Fri 4 Apr 1879, p. 2. Emphasis added.