Dubbo Dispatch and Wellington Independent, Wed 2 Oct 1901 1
DUBBO CIRCUIT COURT.
Tuesday, October 1st.
(Before His Honor Judge Stephen.)
Mr GH Taylor attended as Deputy Sheriff.
Mr John Patrick Sheridan appeared for the Crown, instructed by Mr William Black, of the Crown Solicitor’s Office.
John McDonald [aka McDonnell] was indicted for having at Dandallo [sic–Dandaloo], committed bestiality on a sow. The evidence was wholly circumstantial. Mr Kearney appeared for accused.
The jury brought in a verdict of not guilty.
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The Sydney Morning Herald, Wed 2 Oct 1901 2
The Circuit Court opened to-day. Mr Justice Stephen presided. The Crown Prosecutor was Mr JP Sheridan.
George Burgess, charged with stealing one ewe, the property of the New Zealand Loan and Mercantile Agency Company, last July, pleaded not guilty. He was undefended. The jury returned a verdict of guilty. Burgess was sentenced to two years’ imprisonment with hard labour, with the right to petition after 12 months. James Dwyer pleaded guilty to a charge of stealing six eggs at Narromine, and was sentenced to two months’ hard labour. John McDonald pleaded not guilty to a charge of an offence. Mr S Keraney defended him. A verdict of not guilty was returned. Thomas Francis Mitchell pleaded guilty to a charge of stealing goods from the dwelling of Henry Hughes. Mr CH Fitzgerald, who appeared for accused, applied for his discharge under the First Offenders’ Act . Prisoner was remanded for sentence until the Judge had read the depositions.
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The Dubbo Liberal and Macquarie Advocate, Sat 5 Oct 1901 3
Tuesday, October 1.
THE Circuit Court was opened at the Dubbo Court House on Tuesday morning, before His Honor Mr Justice Stephen. Mr W Jones filled the position of Judge’s associate. Mr JP Sheridan handed in his commission as Crown Prosecutor. The Crown Prosecutor was instructed by Mr W Black, of the Crown Solicitor’s office. Mr GH Taylor, JP, had a seat on the bench as Deputy Sheriff.
John McDonald was arraigned on a charge of bestiality at Dandaloo on May 25th. Mr Kearney appeared for the prisoner.
The chief witness for the Crown was Thomas Carroll, a laborer, who deposed he had observed certain peculiar conduct on prisoner’s part during the night in question.
He was severely cross-examined by Mr Kearney as to his sobriety and his general business. He admitted having had that night “between five and eight drinks”—rum and beer —at the expense of other people.
Constable [James Thomas] McConville deposed to an examination of prisoner, adding that Carroll had directly charged prisoner in his presence with the offence, and he made no reply.
This closed the case for the Crown.
Mr Kearney asked if there was any case to go to the jury.
His Honor said that there was no evidence of the commission of the offence, but there was something to point to attempted commission.
Mr Kearney then addressed the jury for the defence.
His Honor said that but for the constable’s evidence he should have withdrawn the case from the jury, bu as the matter stood there was sufficient for him to ask the jury to decide the case. He instructed them that mere intention was not sufficient to base a conviction on.
After deliberation, the jury returned into Court with a verdict of not guilty, and prisoner was discharged.
1 Dubbo Dispatch and Wellington Independent, Wed 2 Oct 1901, p. 2.
2 The Sydney Morning Herald, Wed 2 Oct 1901, p. 7. Emphasis added.
3 The Dubbo Liberal and Macquarie Advocate, Sat 5 Oct 1901, p. 2. Emphasis added.