The Mudgee Guardian and North-Western Representative, Thu 24 Jul 1902 1
MUDGEE QUARTER SESSIONS.
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Wednesday, 23rd October. [sic]
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The Mudgee Quarter Sessions were held at the Court House yesterday, His Honor Judge Docker presiding.
Mr JH Murray appeared as Crown Prosecutor, and was the only representative of the Bar present.
The solicitors present were Messrs G Davidson, CD Meares, and HF Thompson (Lithgow).
Mr E Haydock acted as Clerk of Arraigns, and performed the duties well.
Mr TH Wilkinson, Police Magistrate, was Deputy-Sheriff, and occupied a seat on the Bench.
Sub-inspector D’Arcy, assisted by Senior-sergeant Harvey, was in charge of the police.
JURORS EXCUSED.
Messrs E Deane and H Caughey were excused from attendance owing to illness.
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UNNATURAL OFFENCE.
John McCauley was charged with having at Airly, on the 31st April, 1902, committed an unnatural offence, [bestiality with a mare].
The prisoner was defended by Mr A Thompson, of Lithgow, and pleaded not guilty.
The following jury were sworn:—S Wells, T Wilton, TR Blackman, G Kenniwell, G Gentle, VD Cox, M Rudd, JT Upham, J McMurray, sen, AR Wait, OD Cox, A Casimir.
Joseph Gilbertson, a laborer, and working at the AKO mine, Airly, last, on the tramline, about 50 or 60 yards from the Company’s stable, deposed: Saw accused on that day, whom I knew by sight; he was a groom; saw him about a quarter to 12 o’clock driving a pony mare from the yard to the stable; I went up to the stable, which is built of slabs; went to accused to borrow a hammer; before asking him, I looked through the slabs and saw a certain offence occurring; no one else was near the stable; Constable Scott measured the height of the pony some days afterwards.
To Mr Thompson: I was about eight yards from the stable, looking through a two-inch crack in the slabs; the pony was at the far end of the stable. (This witness was severely cross-examined by Mr Thompson, and several contradictory statements were made.)
Constable Scott, of Capertee, gave evidence that on the Sunday after the day of the alleged offence he saw accused at Airly, and after cautioning him, he said that he remembered a man named Joe (Gilbertson) coming to the stable; accused said that he was walking down the stable when Gilbertson came; he denied that he had taken a pony from the yard, saying that the animal walked in on its own account; accused said that he did nothing to the pony but groom it; witness told him the nature of the charge which Gilbertson had made, and asked him what he had to say; accused said, “What me! I never did it;” witness then arrested him, and charged him with the offence; he made no answer to the charge.
To Mr Thompson: Have known accused on and off for 10 years, and have never known anything against him; he is of sober habits.
The accused gave evidence on his own behalf, and gave a categorical denial of the evidence of Gilbertson.
After addresses of counsel; his Honor summed up, and the jury retired at 3.45 pm.
The jury returned into Court at 4.10 pm, and returned a verdict of “Not Guilty,” and the accused was at once discharged.
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The Sydney Morning Herald, Thu 24 Jul 1902 2
COUNTRY NEWS.
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QUARTER SESSIONS.
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Mudgee, Wednesday.
At the Quarter Sessions to-day before Judge Docker, Matilda Large, charged with perjury, George Summerfield, charged with inflicting bodily harm, and J McCauley, charged with a certain offence, were acquitted. George Horace Douglas pleaded guilty to a charge of larceny as a bailee of a horse, sulky, and harness, and was sentenced to two years. Nelson Lind pleaded guilty to sheep-stealing, and was sentenced to one month’s imprisonment.
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The Western Post and People’s Representative, Thu 24 Jul 1902 3
MUDGEE QUARTER SESSIONS.
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Wednesday, July 23, 1902.
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(Before his Honor Judge Docker.)
The Quarter Sessions were opened in Mudgee on Wednesday morning before the said Honor Judge Docker.
Mr TH Wilkinson, PM, was also on the Bench as Deputy-Sheriff.
Mr Murray was Crown Prosecutor.
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UNNATURAL OFFENCE.
John McCauley was charged with having committed an unnatural offence on a mare at Airly on April 30, 1902.
Mr Thompson (Lithgow) appeared for the defence.
The following jury was empanelled:—SW Webb, J Wilton, TR Blackman, GW Kenniwell, G Gentle, VD Cox, M Rudd, JT Upham, J McMurray, AR Wait, OD Cox, and AE Casimir.
Joseph Gilbertson deposed that he was, on April 30, employed by the AKO Co at Airly on the tramline, 50 or 60 yards from the company’s stable; knew accused by sight; he was employed by the company as groom; saw him about a quarter to 12 drive a pony mare from the yard into the stable. Shortly afterwards I went to the stable to get a sheet of bark; went to ask McCauley for a hammer to knock the bark off, and looked through the cracks between the slabs of the stable wall. (Witness here described what he saw.)
Accused was subjected to a severe cross-examination by Mr Thompson, during which he contradicted his Police Court evidence in several important particulars.
Constable Scott gave evidence as to the arrest of the accused, who went into the box and gave evidence on his own behalf.
Mr Thompson addressed the jury on behalf of his client.
Mr Murray refrained from replying.
His Honor then summed up, and the jury retired, returning in a few minutes with a verdict of not guilty.
1 The Mudgee Guardian and North-Western Representative, Thu 24 Jul 1902, p. 16. Emphasis added.
2 The Sydney Morning Herald, Thu 24 Jul 1902, p. 11. Emphasis added.
3 The Western Post and People’s Representative, Thu 24 Jul 1902, p. 10. Emphasis added.