Molong Express and Western District Advertiser, Sat 26 Nov 1898 1
POLICE COURT.
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Saturday, November 19, 1898.
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Before James Haslam, Esq, JP.
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ALLEGED INDECENT ASSAULT.
Soin Khin, an Indian, was charged with bestiality with a mare, under Sec 59 of the Criminal Law Amendment Act, No 46, Vic 17.
Sergeant Fagan conducted the prosecution, and accused was undefended.
Constable Alfred Ernest Bowen, stationed at Manildra, deposed: On the morning of the 18th instant, at about 2 am, I arrested the accused, at the stable of Manildra Hotel, Manildra; I charged him with committing an unnatural offence on a mare; he replied—“No Boss; I never do that; that mare can take horse; man could not hurt it like that;” the mare was in the police station, and he did not see it. I pray for a remand till Wednesday next, 23rd instant.
Defendant applied for bail; but the application was refused; and he was remanded until the 23rd instant.
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Wednesday, November 23, 1898.
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Before J Lethbridge King, Esq, PM.
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ALLEGED INDECENT ASSAULT.
Soin Khin was brought up on remand.
Mr PFA Kinna appeared for the defence.
Constable Alfred Ernest Bowen took the witness box, and the evidence he gave on the previous Saturday was read over. He deposed: I have heard my former depositions read over, and they are true; at about quarter to 2 on morning of the 18th, from information I received and prior to arresting accused, I went to the stables at Manildra Hotel, and was shown a chestnut pony mare, the property of Walter B Brown, licensee of the hotel; I examined the pony, and found her tail saturated with blood; there was blood on the hind legs, and blood coming from her, and there was a quantity of blood on the floor of the stable, and more on the partition between the two stalls; on further information, I went in search of the accused, and found him lying in the back yard at the rear of the stables, apparently drunk; I struck a match, and found blood on his left arm, his shirt sleeves, and also on the left breast, and down to the bottom of his shirt; I said to the accused — How did you get this blood on your shirt? Looking at his arm, he said—What’s that? I said—It’s blood, how did you get it; he said—I don’t know Boss; I know nothing; I then arrested accused, and charged him with committing an unnatural offence on a mare; he said—No! Boss; I never done that; I said—How do you account for the blood on your shirt sleeve? he said—That blood has been there for a week; I got no other shirt to wear, and wear it till I go back to Molong, and get it washed; I brought the accused to Molong; I produce the shirt and trousers; I also found blood on his pants, and on two pieces of paper, which were in the left hand pocket (articles produced); the trousers were buttoned up when I arrested him.
By Mr Kinna: I took the shirt off his back, and it is in the same state now as it was then except that the blood is dry; the blood on the tail of shirt is like a smear; the greater proportion of the blood is on the left arm of the shirt, and on the pocket; on the right side of the shirt there is no blood at all and only a small spot on the front of the shirt, nor is there any the right arm of the shirt; there is no blood on the outside of the front of the trousers, nor on the legs, that I can see; the blood mark on the pocket is slight; the blood on the inside of the fork of the trousers is about the size of a pea; and there is another about the size of the head of a pin on the inside of the fork; the blood appeared fresher when I took them off; that is all the blood I complain of on the trousers; the pieces of paper produced are those I took out of the pocket; I have had much experience with horses and mares; I have seen the mare, and do not think the blood on her could be produced by connection with a man; accused has all through denied that he did such a thing; I do not know the accused.
Walter Bland Brown deposed: I am licensee of the Manildra Hotel, and know accused; he came to my place on the 17th, about half past one, and he stayed there from about 2 o’clock till the following morning; I went to bed about one o’clock; about half past one I heard the horses moving in the stable; I went to the stable door, which was partly opened, and struck a match; I saw the accused drawing his right hand leaving the mare’s rump; I noticed the fly of his trousers was open, top button was fastened; the mare was standing with her legs spread; her tail was cocked and she was squirting blood; I said to him—What are you doing, Charley; and he did not answer. I noticed his fly was open, as he turned round to get away; I left the stable, and walked towards the house, and he came out and followed me; I told him to stay where he was, or go to bed; I went inside and woke Davis up; Davis and I walked out to the back; and accused was then sitting on the steps; he followed us across to the groom’s room; I woke the groom and waited for him to dress; we three went into the stable, followed by the accused; afterwards we went back to the house, and I told accused to go out of the stable; we went inside, and he followed us; he wanted me to give him a drink, and I would not give him any spirits but gave him a drink of water; I then informed the police; the mare is my property, and is outside in the courthouse yard; he had a coat on that night but took it off about 10 o’clock; he only had a shirt and trousers on when I first saw him in the stable; after he came out of the stable I noticed his shirt had blood on it; at 10 o’clock, when he came into the house, there was no blood on the shirt, he had a white shirt on.
To Mr Kinna: I noticed the fly of his trousers was open, but they were fastened at the top; it might be by one or two buttons; I only struck one match but I noticed that; he was only three yards from me; it was an ordinary wax match; the mare is about 13'2; he also had a mare of his own in my stable; he was staying at my place, but had his own feed; his mare was two stalls away on the opposite side; he had had a few drinks, but nothing like 15 pale brandies; he was a long way from being drunk; there was a great quantity of blood on her tail; and she squirted blood when I first went in; it was that which attracted my attention; he did not have a stick in his hand nor have I discovered any stick with blood on it; it have had much experience with mares, but could not say that connection with a man would cause that blood, I do not think it would; I have never seen mares in season squirt blood, and do not know if that mare ever had a foal; she is five years old; I did not accuse him of anything, nor hint at anything to him; I know the accused and have had dealings with him; he bears a good character, and that night his waggon was in my yard.
To the Bench: The mare has been stiff and sore ever since.
Lewis St Clare deposed: I am a general servant with Mr Brown, and know the accused; I saw him there last Thursday; I saw him when he fed his horse at 10 o’clock at night, and again about 1 or 2 o’clock, on the morning of the 18th when Mr Brown knocked him up; I went to the stable with Mr Brown and Mr Davis; I saw the chestnut mare in the stable that night, she was not in the same state then; she was a mass of blood; accused was there, he had followed us into the stable; there was no conversation between us and the accused; but he asked me where his horse was; there was blood on one arm of his sleeve; I did not notice his clothes disarranged; after the constable arrested him. I noticed blood on the front part of his shirt.
To Mr Kinna: There are cracks in the stable, but I could not say if it was a dark or bright night; I did not lock the stable; there were two other horses there; Charley was not too drunk, but he was not sober; he had had a nip or two.
Frederick Davis deposed: I am a labourer, and reside at Parkes, but was staying at Manildra hotel on the night of the 17th; I saw accused there about 12 o’clock at night, in the dining-room; he had had a drink or two but did not appear to be drunk; he had shirt, trousers, boots, and hat on; it was a light fancy shirt, and dark trousers; I saw him again about two o’clock in the morning; I got out of bed, and followed Mr Brown to the stable; the groom then came in, and also accused; we were talking about the noise the horses were making; Mr Brown asked the groom why the horses were not bedded down; but he did not reply; accused asked Mr Brown what was the matter, and Mr Brown told him to go to bed; he was dressed the same at 2 o’clock as he was at 12, except that he had blood on his shirt, and he said he did not know; he said—What have I been doing Mr Brown, have I done anything wrong? and Mr Brown said—You go to bed, Charley; there was no further conversation so far as I know.
To Mr Kinna: I only heard him say that once, we were going past the stable; I think Mr Brown could have heard it; and someone may have asked accused a question which caused him to ask Mr Brown.
This concluded the evidence.
The Bench said there was no evidence of the graver charge; but he would not take the responsibility of discharging accused; he would prefer a charge against him of attempting to commit an indecent assault.
Accused then said he did not commit the offence, and was committed to trial at the Orange Court of Quarter Sessions on February 21, 1899. Bail was allowed—self in £80, and two sureties in £40 each, or one in £80.
It was understood that bail would be forthcoming; and the witnesses were bound over to appear at Orange.
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The National Advocate, Wed 22 Feb 1899 2
ORANGE QUARTER SESSION
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Orange, Tuesday.
The Quarter Sessions opened today before Judge Docker. Mr Murray prosecuting for the Crown.
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ALLEGED BESTIALTY.
A Hindoo charged with attempted bestiality at Manildra was acquitted. He was defended by Mr Kearney.
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Molong Argus, Fri 24 Feb 1899 3
ORANGE MEMS.
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(From our own correspondent.)
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The great excitement during the week locally has been the holding of the District Court and Quarter Sessions. At the opening of the District Court on Monday there was a great array of legal talent—five barristers and seven solicitors. His Honor Judge Docker presided.
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The Sessions opened on Tuesday.
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Soin Khein [sic], attempted beastiality [sic] at Manildra, acquitted.
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Western Champion, Fri 24 Feb 1899 4
BRIEF MENTION.
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Full moon on 26th.
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A Hindoo charged at the Orange Quarter Sessions, this week, with bestiality at Manildra was acquitted.
1 Molong Express and Western District Advertiser, (NSW), Sat 26 Nov 1898, p. 7. Emphasis added.
2 The National Advocate, Wed 22 Feb 1899, p. 3.
3 Molong Argus, (NSW), Fri 24 Feb 1899, p. 5.
4 Western Champion, (Parkes, NSW), Fri 24 Feb 1899, p. 8.