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The Maitland Mercury and Hunter River General Advertiser, Sat 2 Mar 1861 ¹

MAITLAND CIRCUIT COURT.
————

The following is a list of prisoners warned for trial at the Maitland Circuit Court, to be holden on the 11th instant:—

    Jeremiah Driscoll, rape, Newcastle bench.
    Donald McPhaill, [sic] unnatural crime Newcastle bench
    Frank Duse, wilful murder, Coonabarabran bench.
    Thomas Collins, stealing, Maitland bench.
    John Halpin, manslaughter, Warkworth bench.
    Joseph Steel, house-breaking, Maitland bench.
    Joseph Grant, violent assault, Armidale bench.
    William Winter, burglary, Newcastle bench.

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The Maitland Mercury and Hunter River General Advertiser, Tue 12 Mar 1861 ²

MAITLAND CIRCUIT COURT.
————

    This Court opened yesterday before his Honor Mr Justice Wide. The barristers present were Mr Ellis, Mr Faucett, Mr Simpson, and Mr Wild.

    The proclamation against vice, profanity, and immorality was read. Sir William Manning handed in the commission from the Acting Governor General under which he conducted the prosecutions for the Crown.

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The Maitland Mercury and Hunter River General Advertiser, Thu 14 Mar 1861 ³

MAITLAND CIRCUIT COURT.
————
TUESDAY, MARCH 12.

    This court re-opened on Tuesday morning, before his Honor Mr Justice Wise.
…

————
WEDNESDAY, MARCH 13.

…

UNNATURAL OFFENCE.

    Donald McPhaill [aka McPhail] was indicted for committing an unnatural offence [“sodomy with a brute beast” a calf ] at Newcastle, on the 30th of September, 1860.
    The prisoner pleaded not guilty, and was defended by Mr Faucett; attorney, Mr Minter.
    The witnesses called were James Liveck, William Hill, and William Fair.
    The evidence was of such a nature that all women and young persons were ordered to leave the Court. For similar reasons the evidence is unfit for publication.
    Mr Faucett addressed the jury in defence.
    His Honor summed up.
    The Jury retired for half an hour, and found the prisoner guilty of the attempt. He was then sentenced to two years’ imprisonment with hard labour on the roads or other public works of the colony.
    The court adjourned till nine o’clock this (Thursday) morning.

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The Newcastle Chronicle and Hunter River District News, Sat 23 Mar 1861 ⁴

MAITLAND CIRCUIT COURT.
(From the Maitland Mercury.)

This court opened on the 11th inst before his Honor Mr Justice Wise. Sir William Manning handed in his commission from the administrator of the government, under which he conducted the prosecuted for the crown.
…

TUESDAY, MARCH, 12.

…

WEDNESDAY, MARCH, 13.

…

UNNATURAL OFFENCE.

    Donald McPhail, committed from Newcastle, was found guilty of an attempt to commit an unnatural offence, and sentenced to two years’ imprisonment and hard labour on the roads of the colony.

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The Maitland Mercury and Hunter River General Advertiser, Sat 31 Jan 1863 ⁵

PRISONERS RELIEVED FROM SENTENCE.

    We have recently received a Parliamentary Paper, which is a return to an address of the Legislative Assembly, dated the 9th day of December last, praying that his Excellency would cause to be laid upon the table of that house a list of the names of the prisoners whose sentences have been remitted, and those who have received tickets-of-leave, on the occasion of the Prince of Wales attaining his majority. The particulars are as follows:—
Cockatoo Island.

    Donald McPhail, convicted of an attempt to commit an unnatural crime, sentenced to 2 years on the roads, had served 1 year and 8 months.

 

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¹  The Maitland Mercury and Hunter River General Advertiser, Sat 2 Mar 1861, p. 2. Emphasis added.

²  The Maitland Mercury and Hunter River General Advertiser, Tue 12 Mar 1861, p. 2.

³  The Maitland Mercury and Hunter River General Advertiser, Thu 14 Mar 1861, p. 2. Emphasis added.

⁴  The Newcastle Chronicle and Hunter River District News, Sat 23 Mar 1861, p. 3.

⁵  The Maitland Mercury and Hunter River General Advertiser, Sat 31 Jan 1863, p. 2.

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