Molong Express and Western District Advertiser, Sat 18 Nov 1893 1
CUMNOCK POLICE COURT.
———◦———
Wednesday, 8th November, 1893.
(Before Messrs JT Lane, PM, and C
Miller, WMN Smythe, and W Black, JsP.)
A travelling labourer named James Johnson was charged with the heinous offence of beastiality, and after the evidence of the arresting constable and Alex Brown had been taken, accused was committed to take his trial at the next Circuit Court at Bathurst. Johnson, who appeared to be sitting in ignorance of the whole proceedings, and was generally considered to be demented, when asked by the PM (before the committal) if he reserved his defence, replied “Guilty.”
~ ~ ~ ~ ~
The Bathurst Free Press and Mining Journal, Sat 3 Feb 1894 2
BATHURST QUARTER SESSIONS.
———✦———
The Court of Quarter Sessions opens on Monday. The following is the list of prisoners awaiting trial in gaol:—
John Kessey, Stealing pigs.
Egbert F Roberts, larceny and escape.
John Sambrook and George Hobbs, breaking and entering a shop
James Johnson (committed from Cumnock) indicted for beastiality. [sic]
Robert Dunsmore, wounding with intent to do grievous bodily harm.
John Geo Seymour, two counts, unlawfully opening letters and unlawfully tempering with letters.
An Kin (Rockley) grievous bodily harm.
William Ashe (Blayney) larceny.
Thos Eviston, false pretences.
~ ~ ~ ~ ~
The Bathurst Free Press and Mining Journal, Tue 6 Feb 1894 3
BATHURST QUARTER SESSIONS.
———✦———
Monday, February 5th, 1894.
———
(Before His Honor Judge Docker).
Mr Wade acted as Crown Prosecutor, Mr WG Smith, Registrar, and Mr JB Dulhunty, Deputy Sheriff.
Barristers present: Messrs Butterworth and Moriarty.
Solicitors: Messrs J McPhillamy, AG Thompson, JH McIntosh, FB Kenny, and P Colquhoun (Orange).
…
Tuesday, February 6, 1894.
———
(His Honor took his seat on the Bench at 9 o’clock.)
…
BESTIALITY.
James Johnson was indicted for committing an unnatural offence at Cumnock.
The Crown Prosecutor said that the Crown was not prepared to proceed, and asked for a postponement.
His Honor granted the application and remanded the prisoner until next Quarter Sessions; bail allowed, prisoner in £200 and two sureties of £100 each.
~ ~ ~ ~ ~
The Bathurst Times, Tue 6 Feb 1894 4
QUARTER SESSIONS.
———
Monday, February 5.
(Before Judge Docker.)
…
———
Tuesday, February 6.
His Honor took his seat as [sic] 9 o’clock.
…
BESTIALITY.
James Johnson was charged with having committed at Cumnock, on November 5th, the above offence.
Plea: Not guilty.
Mr Thompson appeared for defence.
The Crown Prosecutor asked for a remand to the next court.
The remand was granted. Bail was allowed in the sum of £200.
~ ~ ~ ~ ~
The National Advocate, Wed 7 Feb 1894 5
BATHURST QUARTER SESSIONS.
———•———
Tuesday, February 6, 1895 [sic]
(Before His Honor Judge Docker and Juries.)
Mr Wade prosecuted on behalf of the Crown
…
A REVOLTING CHARGE.
———
The case against James Johnson, of Cumnock, charged with bestiality, was postponed until the next Quarter Sessions, or to such time and place as the Attorney-General mat think fit. Bail of himself in £100, and two sureties of £100 each, was allowed.
~ ~ ~ ~ ~
The Bathurst Free Press and Mining Journal, Thu 19 Apr 1894 6
CIRCUIT COURT.
———✦———
Wednesday, April 18, 1894.
———
Before his Honor, Sir Frederick Darley, Chief Justice.
Crown Prosecutor, Mr Hamilton; Judge’s Associate. Mr Cockshott; Mr Want was in attendance from the Crown Solicitor’s Office.
Barristers present, Messrs Butterworth, Edgar, Innes, Edwards.
All the local solicitors were represented.
Mr F Jago Smith acted as Deputy Sheriff.
…
BESTIALTY.
James Johnson was indicted for having, at Cumnock, committed the crime of bestiality.
Prisoner pleaded “Not Guilty,” and was undefended.
The Crown Prosecutor said this case was a peculiar one, inasmuch as the only eye-witness could not be found, and as prisoner had been awaiting trial for a long time (six months) he had deemed it right that he should now be placed on his trial.
Evidence was then given by Constable [James] O’Neil [sic] to the effect that when arrested accused he admitted having committed the crime; witness did not, however, consider him right in his mind; in fact, he looked upon him as an idiot.
Dr [William Frederick] Bassett deposed that by direction of the Department of Justice he had examined prisoner in Bathurst gaol, and found that he was sane, and if weak-minded not so much so as not to know what he was doing.
His Honor directed the jury that after the evidence of the constable they should acquit the prisoner, and this they did.
~ ~ ~ ~ ~
The Bathurst Times, Thu 19 Apr 1894 7
CIRCUIT COURT.
———
Wednesday, April 18, 1894.
(Before His Honor Sir Frederick Darley, CJ.)
…
CHARGE OF BESTIALTY
James Johnson pleaded not guilty to the charge of perpetrating the above-named offence on the 5th November last at Cumnock. This also being a capital charge, the jury were sworn one by one.
The Crown Prosecutor explained that the only eye-witness of the alleged offence was not to be found, but the rest of the evidence, such as it was, would be offered to the Court, and the jury could form their own opinion.
Constable James O’Neill deposed: I have been trying for six months to find Alexander Brown; it wsas in consequence of information given by Brown I arrested accused; he accused himself of the crime. (The witness gave it as his opinion that the prisoner was half an idiot, judging by the manner and the statements which he made.)
Dr Bassett said: Some time ago I examined the accused in gaol; in my opinion he was sane; he was not sufficiently weak in his intellect not to know what he did; he suffered under no delusion.
His Honor said that after the evidence of the constable, who said accused suffered under delusions at the time, and in the absence of any direct evidence of the crime being committed, he felt it his duty to tell them to acquit the prisoner.
The jury returned a verdict of not guilty, and the prisoner was discharged.
The court adjourned at 6 pm.
~ ~ ~ ~ ~
The National Advocate, Thu 19 Apr 1894 8
CIRCUIT COURT.
———•———
Wednesday, April 18, 1894.
———
(Before his Honor the Chief Justice, Sir Frederick Darley).
Mr Jago Smith, Deputy Sheriff, occupied a seat on the Bench. Mr HM Hamilton, instructed by Mr WR Mant, of the Crown Solicitor’s office, prosecuted an [sic] behalf of the Crown. Mr HM Cockshott performed the duties of Associate. Barristers present:– Messrs Butterworth, Edgar, Edmunds, and Innes. Solicitors: Messrs Thompson, Kenny, and McIntosh.
…
A CASE OF BESTIALTY.
James Johnson, a young man about 32 years of age, was arraigned on a charge of bestiality.
The prisoner, who pleaded not guilty, was undefended.
The Crown Prosecutor, in opening the case, said that it was a somewhat peculiar one, as the only person who could have given evidence of seeing the offence committed could not be found. He would call the police man who arrested accused, and the jury could hear his evidence.
Alexander Brown, on his recognisance was then called, but did not answer.
Constable O’Neil, stationed at Cumnock, gave evidence of the arrest, and stated that when the accused had admitted the offence. He did not think he was right in his mind. He looked on him as somewhat of an idiot.
Dr WF Bassett, who examined the accused as to his mental condition said that he was of opinion that he was sane. Certainly he was not so weak minded as not to understand what he was talking about.
His Honor, after hearing the evidence so far, informed the jury that there was no case to go before them, and the prisoner was discharged.
The Court adjourned till 9.30 am to-day.
~ ~ ~ ~ ~
Molong Express and Western District Advertiser, Sat 21 Apr 1894 9
THE CUMNOCK BEASTIALITY CASE.
———◦———
AT the Bathurst Assizes on Wednesday, James Johnson, a young man about 32 years of age, was arraigned on a charge of bestiality at Cumnock, in January last.
The prisoner, who pleaded not guilty, was undefended.
The Crown Prosecutor, in opening the case, said that it was a somewhat peculiar one, as the only person who could have given evidence of seeing the offence committed could not be found. He would call the policeman who arrested accused, and the jury could hear his evidence.
Constable O’Neil, stationed at Cumnock, gave evidence of the arrest, and stated that when arrested the accused had admitted the offence. He did not think he was right in his mind. He looked on him as somewhat of an idiot.
Dr WF Bassett, examined the accused as to his mental condition, said he was sane. Certainly he was so weak minded as not to understand what he was talking about.
His Honor, after hearing the evidence so far, informed the jury that there was no case to go before them, and the prisoner was discharged.
1 Molong Express and Western District Advertiser, (NSW), Sat 18 Nov 1893, p. 6.
2 The Bathurst Free Press and Mining Journal, Sat 3 Feb 1894, p. 3. Emphasis added.
3 The Bathurst Free Press and Mining Journal, Tue 6 Feb 1894, p. 2.
4 The Bathurst Times, Tue 6 Feb 1894, p. 2.
5 The National Advocate, Wed 7 Feb 1894, p. 2.
6 The Bathurst Free Press and Mining Journal, Thu 19 Apr 1894, pp. 2, 3. Emphasis added.
7 The Bathurst Times, Thu 19 Apr 1894, p. 2. Emphasis added.
8 The National Advocate, Thu 19 Apr 1894, p. 2. Emphasis added.
9 Molong Express and Western District Advertiser, (NSW), Sat 21 Apr 1894, p. 8. Emphasis added.