The Inverell Times, Fri 11 Feb 1921 1
QUARTER SESSIONS
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SMALL LIST.
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The usual Court of Quarter Sessions was held yesterday morning, His Honor, Judge White presiding. The barristers in attendance were Messrs RJ Browning (Crown Prosecutor), HG and DS Edwards. The solicitors present were Messrs JA Boyd, DA McIntyre, SJS Butler, AF Avern, VP Wiltshire, and HE Manning.
JUROR FINES.
DM Cansdell was fined £2 for non-attendance as a juror.
A HARD CASE.
A Newman, for whom Mr Boyd appeared, applied to be excused as a juror. He pointed out that he drove his own baker’s cart, and if he had to attend the Court it would mean that he would be compelled to engage a carter for a week.
His Honor: I suppose the authorities took that into consideration when framing the Act. However, I admit this is a hard case, although I cannot excuse jurors simply because it interferes with their business.
Mr Boyd stated that Newman was also slightly deaf.
The application was granted.
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CASE FROM BUNDARRA.
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ALLEGED BESTIALITY.
The first case called on was that against John Carney, a man of about 45 years, who was charged with committing an offence against nature, [bestiality with a mare ], at Bundarra, on 16th November, last.
The following jury was empanelled: KP Harley, Robt McKenzie, W Condren, CG Lydiard, J Hawkins, A Jenkins, EJ McBean, JR Dawson, JL Clarke, EJ White, GH Dasey and RW Webster.
The accused stated that he was not represented by counsel, but intended to defend himself. As he was ignorant of the law he asked His Honor to assist him if the Crown Prosecutor was taking any unfair advantage.
The Judge replied that it was most unlikely that the gentleman representing the Crown would take any advantage over an accused person, whether he was defended or otherwise.
Geo Orchard, a laborer, residing at Bundarra, deposed that on 16th November last he rode into Bundarra, stabled his mare at the Royal Hotel. About 2 pm that day he visited the stables and there saw the accused. He was standing on the manger, and in the act of committing the alleged offence.
The Accused: Do you know the nature of an oath?
Witness: Yes.
Well explain it to the jury!
His Honor: That is too wide, ask him some questions about an oath.
Accused: Do you know you have to tell the truth, the whole truth, and nothing but the truth?—Yes, that is what I did.
Do you know the Lord’s Prayer?
Witness: Portions of it.
What was this beast?—A pony, about 14 hands high.
In reply to further questions witness denied having interfered with a young girl at Bundarra.
Matthew Carney, groom at the Royal Hotel, Bundarra, in November last said he saw the accused at the Hotel on the day in question. He saw the accused at the stables and noticed that his clothing was disarranged.
To the Accused: The stable mangers were about two feet high.
Sergt Campbell, officer in charge of the police at Bundarra, deposed that he went to the Royal Hotel about 6 pm on 16th November last. He said to the accused, “Do you know this man (pointing to Orchard),” to which he replied, “No, I have never seen him before.” Witness then informed him that Orchard had made a certain complaint about him, accused replying “I don’t know anything about it, I was never near the stables.” He then arrested him. That night accused called him to the cell and said “What am I here for?” When informed of the charge Carney said “A man will do anything when he’s drunk.”
Accused: What condition was I in when you arrested me?
The Sergeant: You were certainly drunk, very drunk.
This closed the Crown case.
Accused [John Carney] gave evidence on oath. He stated that he remembered going to Bundarra on 15th November. On the following day he had a number of drinks, and went down to the stable thinking it was a urinal. Whilst in the stable he looked for his swag, and was doing so when Orchard came along. He denied committing any offence.
To the CP: He was not in the manger, as alleged. He was a shearer and general laborer.
The accused addressed the jury in rather good style. He vigorously maintained that he was innocent of the charge, vehemently adding, “I would not dream of committing such a horrible offence.” He also pointed out that it would be physically impossible for him to had acted as described.
The jury retired to consider the verdict at 11.15 am.
After deliberating for half-an-hour the jury returned a verdict of not guilty.
Accused was thereupon discharged.
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The Northern Daily Leader, Sat 12 Feb 1921 2
QUARTER SESSIONS.
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CASES AT INVERELL.
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Inverell, Friday.
At the Court of Quarter Sessions, before his Honor Judge White, John Carney was acquitted on a charge of having committed a serious offence at Bundarra.
1 The Inverell Times, Fri 11 Feb 1921, p. 4. Emphasis added.
2 The Northern Daily Leader, Sat 12 Feb 1921, p. 1.