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1899, David McCann - Unfit For Publication
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Molong Express and Western District Advertiser, Sat 8 Apr 1899 1

CUDAL.
———◦———
(From our Own Correspondent.)
————

POLICE COURT.
————

    At the last Court of Petty Sessions held here a man named David McCann, alias Smith, was charged with having, on the 11th March, inst, at Bowan Park, committed an act of bestiality with a mare. The evidence, which is unfit for publication, showed that the offence was committed under circumstances of exceptional depravity. Accused was committed for trial at Bathurst Circuit Court on 20th April next. Bail was refused.

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The Bathurst Free Press and Mining Journal, Mon 24 Apr 1899 2

LOCAL AND GENERAL.
———◦———


    CIVIL CASES.—His Honor this morning said that the jurors who were summoned on the [Circuit Court’s] Civil side were relieved from duty until 10 o’clock on Thursday morning, when the Civil cases would be heard.

    PROVISIONS FOR MAGISTRATES.—Hitherto the Magistrates attending the Assize Court have been accommodated with seats on the floor of the Court near the Bench, but the Sheriff has now made provision for them at the end of the jury boxes.

    “PAINFUL POLITENESS.”—This was the term applied by Mr Crick to a witness whom he had under cross-examination this morning. The witness was about 12 years of age and almost every answer he gave was prefixed by the words “Please, Sir.” The frequent reiteration of these words caused Mr Crick some irritation and more than once he asked him to cease using them. He was not accustomed to such politeness, he said, and felt inclined once not to ask him any further questions. He asked the witness at last who had told him to use those words and his Honor replied that it was a phrase usually used by school boys. Mr Crick replied that he had frequently examined school boys before but had never been treated to such painful politeness.

    ALLEGED THIMBLE-RIGGING.—On Saturday morning Mr WC Kelk, JP, was engaged for several hours hearing a charge against two men—Joseph Watson and Alfred Trib, visitors from Sydney to the Show—of playing an unlawful game in a public place. Watson pleaded guilty and Trib not guilty, and Mr Thompson appeared for the defence. The evidence of the police was that the men were in company inviting visitors to the Show Ground to engage in the game known as thimble-rigging, the implements—shells and a pea—being seized when they were arrested. Trib, in his defence, denied that the game was being played, although he admitted his intention of playing it, and he also denied that he was associated with Watson. The police, however, proved that they were together a great deal on the Show Ground. His worship found the case proved and sentenced both accused to 48 hours’ imprisonment. Mr Thompson gave notice of appeal in Trib’s case.

    JURORS EXCUSED.—Alfred Thorman and Hugh Fish were this morning excused from attendance as jurors at the Circuit Court. The former had been called from Bathurst on account of the serious illness of his mother. Mr Fish stated that he was trucking exhibits to the Orange Show, and other important business required his attention; it meant serious loss if he was absent. His Honor granted the application for relief from duty.

    THE ATTORNEY-GENERALSHIP.—A good deal of speculation is taking place as to [who] will be the next Attorney-General. This position is the best paid in the Cabinet, the salary, with fees, amounting to about £3000 per annum. It has been suggested that with a view of giving the portfolio to Mr Carruthers, the Ministry would reconstruct. In well-informed circles, however, no more credence is given to that proposal than to the idle rumor that Mr Barton would take the position. What is really likely to happen, it is believed, is that the Premier will select as a colleague some gentleman already a member of the Legislative Council, and that his choice may fall on Dr Cullen. In any case the appointment will be made sometime during the recess.

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The Bathurst Free Press and Mining Journal, Thu 27 Apr 1899 3

CIRCUIT COURT.
———◦———
Wednesday, April 26th.
———
(Before His Honor Mr Justice Gregory Walker.)

    Mr CEB Maybury, Sheriff, was in attendance.
    Mr J Moriarty acted as Crown Prosecutor and Mr Harnett represented the Crown Solicitor. Mr White appeared as Judge’s Associate.
    The barristers present were Messrs George Innes and Boyce.
    The local attorneys were in attendance, and also Mr WP Crick (Sydney), and J Pile (Blayney).
    Mr Sub-inspector Morrow, of Mudgee, was in charge of the police, and First-class Warder McCann represented the gaol officials.

Thursday, April 27.
———
(His Honor took his seat on the Bench at 10 o’clock.)

CHARGE OF BESTIALITY.

    David McCann was charged with having committed bestiality on March 11th, 1899 at Bowen Park.
    Accused pleaded Not Guilty.

(Case proceeding.)

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The Bathurst Times, Thu 27 Apr 1899 4

BATHURST CIRCUIT COURT.
———–
Thursday, April 27.
(Before his Honor, Mr Justice Walker.)

    His Honor took his seat at 10am.
    Mr J Moriarty (instructed by Mr Harnett, of the Crown Solicitor’s Office) prosecuted for the Crown.

CHARGE OF BESTIALITY.

    David McCann was charged with having committed bestiality at Bowen Park on March 11, 1899.

    Accused pleaded not guilty.

    Thomas Green, a lad 14 years of age, deposed that he saw accused commit the crime, and Constable [Ambrose] Minslow, of Cudal, stated that at the lockup accused admitted having committed it.

    Accused [David McCann] made a statement to the effect that he was guilty of attempting to commit the offence. He said young Green had “chaffed” him, and he pretended to commit the offence.

    After ten minutes’ deliberation the jury returned into court with a verdict of guilty.

    Prisoner was remanded for sentence.

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The Bathurst Free Press and Mining Journal, Fri 28 Apr 1899 5

CIRCUIT COURT.
———◦———
Thursday, April 27.
———–
(Before His Honor Mr Justice Gregory Walker.)

    Mr CEB Maybury, Sheriff, was in attendance.
    Mr J Moriarty acted as Crown Prosecutor, and Mr Harnett represented the Crown Solicitor. Mr White appeared as Judge’s Associate.
    The barristers present were Messrs George Innes and Boyce.
    The local attorneys were in attendance, and also Mr WP Crick (Sydney), and J Pile (Blayney).
    Mr Sub-inspector Morrow, of Mudgee, was in charge of the police, and First-class Warder McCann represented the gaol officials.

CHARGE OF BESTIALITY.

    David McCann was charged with having committed bestiality on March 11th, 1899, at Bowen Park.
    Accused pleaded Not Guilty, but after evidence had been given the jury returned a verdict of Guilty and he was remanded for sentence.

BESTIALITY.

    David McCann found guilty of bestiality.
    Prisoner had never been in a Court House before and said he was quite innocent. He asked to be dealt with under the First Offenders’ Act .
    His Honor said that any man who would commit such a crime was a plague spot and his duty to the public was to put him out of the way of further corrupting the community. Sentence: Five years’ penal servitude.

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The Bathurst Times, Fri 28 Apr 1899 6

BATHURST CIRCUIT COURT.
———–
Thursday, April 27.
(Before his Honor Mr Justice Walker.)

    His Honor took his seat at 10am.
    Mr J Moriarty (instructed by Mr Harnett, of the Crown Solicitor’s Office) prosecuted for the Crown.

BESTIALITY.

    David McCann, found guilty of bestiality, protested his innocence of the crime and asked to be dealt with under the First Offenders’ Act .

    His Honor said he did not know whether it was worth while addressing any words to a man who would commit such a crime. Such a man was a plague spot in the community, and it was plainly (his Honor’s) duty to put him away so that there would be no possibility of his corrupting the community for a term of years. The sentence of the court was five years’ penal servitude.

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The National Advocate, Fri 28 Apr 1899 7

BATHURST CIRCUIT COURT.
———◦———
Thursday, April 27.
——–
Before his Honor, Mr Justice W Walker.
——

    The Court opened at 10 am.

UNNATURAL OFFENCE.

    David McCann was charged with the commission, at Bowen Park, on 11th March 1899, of an act of bestiality. After hearing evidence the jury, after ten minutes retirement, found the prisoner guilty, and he was remanded for sentence.

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The National Advocate, Sat 29 Apr 1899 8

BATHURST CIRCUIT COURT.
———◦———
Friday, April 28.
——–
Before his Honor, Mr Justice W Walker.

    The Court opened at 9.30 am.

SENTENCES.

    The following prisoners, found guilty of their several offences, were brought up for sentence.

BESTIALITY.

    David McCann, found guilty of beastiality, said he was quite innocent and asked to be dealt with under the First Offenders’ Act .

    His Honor said he did not know whether it was worth while addressing any words to a man who would commit such a crime. Such a man was a plague spot in the community, and it was plainly his (His Honor’s) duty to put him away so that there would be no possibility of his corrupting the community for a term of years. He was sentenced to five years’ penal servitude.

~ ~ ~ ~ ~

Molong Argus, Fri 5 May 1899 9

BESTIALITY.
————
FIVE YEARS PENAL SERVITUDE.
————

AT the Bathurst Circuit Court on Friday, David McCann, who was found guilty of an act of bestiality committed at Bowan Park on 11th March, was brought up for sentence. McCann said he was quite innocent of the and asked to be dealt with under the First Offenders’ Act. His Honor said he did not know whether it was worth while addressing any words to a man who would commit such a crime. Such a man was a plague spot in the community, and it was plainly his (His Honor’s) duty to put him away so that there would be no possibility of his corrupting the community for a term of years. He was sentenced to five years’ penal servitude.

~ ~ ~ ~ ~


David McCann, Gaol photo sheet 10 

SRNSW: NRS2232, [3/5972], Goulburn Gaol photographic description book, 17 Dec 1896-28 Jun 1899, No. 1319 p. 212, R5120.


Gaol Photo Sheet - 
Transcribed Details

No. 1319
Goulburn

Date when Portrait was taken:28-6-1899

Name: David McCann

Native place: Windsor

Year of birth: 1866

Arrived       Ship:
in Colony }   Year:

Trade or occupation
previous to conviction  } Laborer

Religion: R. C.

Education, degree of: Read only

Height: 6' ¾"

Weight     On committal: 173
in lbs     } On discharge:

Colour of hair: Fair

Colour of eyes: Blue


Marks or special features: Several small Moles on right cheek, Belly & Legs, Small scars on inside left leg below knee.

(No. of previous Portrait ... ) 

CONVICTIONS

Where and When Offence. Sentence

Bathurst GD

27

 4

1899

Bestiality

5 years P.S.

 


1     Molong Express and Western District Advertiser, (NSW), Sat 8 Apr 1899, p. 11.

2     The Bathurst Free Press and Mining Journal, Mon 24 Apr 1899, p. 2.

3     The Bathurst Free Press and Mining Journal, Thu 27 Apr 1899, pp. 2, 3.

4     The Bathurst Times, Thu 27 Apr 1899, p. 2. Emphasis added.

5     The Bathurst Free Press and Mining Journal, Fri 28 Apr 1899, pp. 2, 3.

6     The Bathurst Times, Fri 28 Apr 1899, p. 2.

7     The National Advocate, Fri 28 Apr 1899, p. 3.

8     The National Advocate, Sat 29 Apr 1899, p. 3.

9     Molong Argus, (NSW), Fri 5 May 1899, p. 8.

10   SRNSW: NRS2232, [3/5972], Goulburn Gaol photographic description book, 17 Dec 1896-28 Jun 1899, No. 1319, p. 212, R5120.