The Yass Courier and General Advertiser, Thu 2 Oct 1913 1
YASS QUARTER SESSIONS.
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Tuesday, September, 30.
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(Before his Honor, Judge Rogers.)
Crown Prosecutor—Mr HN Mason. Deputy-sheriff, Dr J English.
Messrs Herbert Edward Hockey and Edmund Dwyer were sworn in as Justices of the Peace.
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BESTIALITY.
Henry Carroll, on bail, was charged with the offence of bestiality, [with a mare ].
Mr E Howard appeared for the accused.
The following jury was empanelled: RA Leeder, SC Sleeman, G Weatherby, J Browning, AA Smith, HH Barber, TJ Sheekey, RS Duddleston, AG Lesslie, HA Stewart, GR Barbour, S Wade.
Frederick Gibson, first-class constable of police, in charge of the police station at Burrinjuick [sic], deposed to having seen accused commit the offence; accused is a well-behaved lad, but is a little weak in the head.
Allan Margules, mail contractor, deposed to meeting constable Gibson and accused on June 6th; the constable took him to examine a log; there were traces of hoof marks there; the constable stepped 73 paces to some bushes; there was a plain view of the log from the bushes; accused was always a respectable boy.
Accused [Henry Carroll] elected to give evidence on his own behalf, and deposed that he had taken some letters down to meet the mailman; he was sitting on a log waiting for the mailman; he saw constable Gibson ride up and tie his horse up; they waited for Margules; the constable led the mare round the log; he could have made the tracks before Margules arrived.
Accused denied having done anything improper; he did not lead the mare up to the log, nor was he near it; what the constable stated is untrue.
Samuel Carroll deposed to having seen the constable ride up to the gate; his brother went up and met the constable; he had never discussed the case with his brother.
Mr Howard addressed the jury on behalf of accused, and Mr Mason replied for the prosecution. His Honor instructed the jury that it would be safer to consider the question of attempt rather than the actual offence, and the jury retired to consider their verdict.
The jury returned a verdict of guilty of attempting to commit the offence, with a strong recommendation to mercy on the grounds of mental incapacity.
1 The Yass Courier and General Advertiser, Thu 2 Oct 1913, p. 2. Emphasis added.