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1902, Cornelius Callaghan - Unfit For Publication
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The Deniliquin Independent, Fri 18 Apr 1902 1

DENILIQUIN CIRCUIT COURT.
———◦———
Wednesday, April 16.
(Before Mr Justice Stephen.)

    The above Court was opened on Wednesday morning, Mr T Rolin prosecuting for the Crown, there being only two accused for trial.

ALLEGED BEASTILITY. [sic]

Jerilderie courthouse, constructed 1874, was used for Mass prior to building Jerilderie’s St Joseph’s Roman Catholic Church in 1882. Photo: Peter Bonsall-Boone
Jerilderie courthouse, constructed 1874, was used for Mass prior
to building Jerilderie’s St Joseph’s Roman Catholic Church in 1882.
Photo: Peter Bonsall-Boone

    Cornelius Callaghan was charged with attempted beastiality at Jerilderie on the 28th February, 1902. Accused pleaded not guilty, and was undefended.

    The following jury was sworn:—W Harry, T Wild, AW Hamling, W Mitchell, H Islip, P Bayliss, W Kirkland, JTS Lawrence, PM Wells, R Coulter, R Sutton, and J Francis.

    The evidence in this case given by Charles West and John Quinlivan is totally unfit for publication. Evidence was also given by Constable Heward as to the arrest, and by Dr AC Robinson.

    In cross-examination the accused [Cornelius Callaghan] intimated that West had given evidence out of spite, and at the conclusion of the evidence declined to address the jury.

    The jury after a retirement of about ten minutes returned a verdict of not guilty, accused was discharged.

~ ~ ~ ~ ~

The Pastoral Times, Sat 19 Apr 1902 2

DENILIQUIN CIRCUIT COURT.
————◦————
Wednesday, April 16.
(Before his Honor Judge Stephen.)

    The court opened on Wednesday morning. Mr T Rolin acted as Crown Prosecutor. The following cases were dealt with:—

ALLEGED UNNATURAL OFFENCE.

    Cornelius Callaghan was charged with attempting to commit an unnatural offence at Jerilderie on February 28. Accused pleaded not guilty.

    The following jury was empanelled:—W Harry, T Wild, WA Hamling, W Mitchell, H Islip, P Bayliss, W Kirkland, JTS Laurence, PW Wells, R Coulter, R Sutton, J Francis.

    Charles West, laborer, stated that in February the accused was working with him with a chaff cutter. He remembered going into Jerilderie at the end of February with O’Callaghan [sic] and another man named Quinlivan. Witness and Quinlivan slept in a shed in Chrystal’s yard; he did not know where Callaghan slept. Next morning witness and Quinlivan were lying in the shed, and they saw Callaghan coming through a gate towards the shed. He went round th back of the shed and witness and Quinlivan went outside the shed at the end. Callaghan stopped a few minutes leaning against a rail and then went into a shed where a calf was tied up. Witness watched him through an auger hole, and called Quinlivan to watch him through the hole. (Witness here gave details concerning the offence alleged to have been committed.) When accused came out of the stable witness spoke to him and he said “I suppose I’ll a sixer’ for this.”

    To the accused: He did not bring the case against him out of spite. It was not a fact that witness had seduced a girl at Bendigo, or that eh had gone done a mine 2000 feet deep to steal 30ozs of gold and had to stop there from a Saturday night until a Sunday night, and in getting away a watchman had fired on him.

    Archibald Clark Robinson, duly qualified medical practitioner residing at Jerilderie, stated that he had examined a calf on February 28. From its appearance it had not been interfered with.

    Constable Heward stated that he arrested the accused near the Billabong Creek on February 28. When asked when he was last in the shed, accused said he did not remember being there since the previous day. Witness took him to the lockup, and he said, “If I am proved guilty of this I suppose I will get a ‘sixer’. I’ve got two brothers and three sisters. If I thought I was guilty of a charge like that I’d blow my brains out, or if I couldn’t do that I would bash my brains out against the wall.” He was then charged with attempted bestiality, and said, “I knew that before I got here; I know nothing about it. Of course the other man, what they know they can ‘shoot’ me up if they like.”

    John Quinlivan, laborer, stated that he had been working with a chaffcutter with Callaghan and West from November 1 last year until the end of February. (Witness gave evidence in corroboration of that given by West).

    To his Honor: They did not try to stop Callaghan.

    This closed the case for the Crown.

    His Honor in summing up said that the evidence of the doctor and constable somewhat discredited the evidence of West and Quinlivan.

    The jury, after a brief retirement, returned a verdict of not guilty. The accused was then discharged and left the court.

 


1     The Deniliquin Independent, Fri 18 Apr 1902, p. 3. Emphasis added.

2     The Pastoral Times, Sat 19 Apr 1902, p. 2. Emphasis added.