Empire, Fri 2 Dec 1870 1
WATER POLICE COURT.
THURSDAY.
(Before the Water Police Magistrate and Mr Hordern.)
…
Mathew [sic] Cahill, for an unnatural offence was committed to take his trial at the central criminal court.
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Empire, Wed 15 Feb 1871 2
CENTRAL CRIMINAL COURT.—
TUESDAY.
————
(Before his Honor Justice Faucett.)
…
Matthew Cahill was placed in the dock, charged with having, on the 27th November, been guilty of an unnatural offence, [bestiality with a dog]. The evidence is totally unfit for publication. The case for the Crown was proved by constable McHale, George Spencer, Henry Pinnick, and Dr M Egan. His Honor summed up. The jury found the prisoner guilty of a capital offence. The sentence of the court was that he suffer the utmost penalty of the law. The prisoner was much overcome when the sentence was passed.
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The Sydney Morning Herald, Wed 15 Feb 1871 3
CENTRAL CRIMINAL COURT.
TUESDAY.
BEFORE his Honor Mr Justice Faucett.
…
UNNATURAL OFFENCE.
Matthew Cahil [aka Cahill] , or Kehl, was tried and found guilty of having committed a capital offence. The Court passed the sentence of death upon the prisoner, according to law.
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NSW Executive Council Minute, 24 Feb 1871 4

Minute No. 12
At Government House
Sydney 24th February 1871
Present
His Excellency the Governor [The Right Honorable Somerset Richard]
The Hon the Colonial Secretary [John Robertson]
The Hon the Colonial Treasurer [George William Lord]
The Hon the Secretary for Lands [John Bowie Wilson]
The Hon the Secretary for Works [James Byrnes]
The Hon the Solicitor General [William Charles Windeyer] and
The Hon the Postmaster General [Joseph Docker]
The Council having met pursuant to Summons, the Minutes of the Proceedings on the 22nd inst, are then read and confirmed.
Subjects (A to J)
Minute No. 12
24 February 1871
His Excellency the Governor lays before the Council, the Report of His Honor Mr Justice Fawcett, of the Capital conviction of Matthew Cahill, at the recent Criminal Court Darlinghurst, of the crime of bestiality.
His Honor being in attendance is introduced, and the Report having been read in his presence, he affords such further information as the Council deems necessary and retires.
2. After mature deliberations the Council advise that the sentence of death passed upon the Prisoner, be commuted to Penal Servitude for the term of five (5) years, on the Roads and other Public Works of the Colony.
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Gaol Photo Sheet 5
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Gaol Photo Sheet - Transcribed Details
Number on Gaol Register: P61
Portrait Taken: 20th January 1874
Prisoner's Name: Matthew Cahill
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Year of birth: 1835 Arrived Ship: Lobelia Trade or occupation Religion: R. C. Education, degree of: R&W Colour of hair: Brown & Bold Colour of eyes: Blue Height: 5' 5½" Weight On committal: |
General Description: Stout make. Sallow complexion.
Where and when tried: Sydney Gaol Delivery 14 february 1871 Offence: Bestiality Sentence: Death - commuted to 5 yrs Roads
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(No. of previous Portrait ... ) PRISON HISTORY |
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| Where and When | Offence. | Sentence | |||
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Summarily Summarily Summarily Summarily Sydney Gaol Delivery |
2 5 15 6 14 |
6 6 4 9 2 |
1866 1866 1867 1869 1871 |
Riotous ditto Drunkenness ditto Bestiality |
48 hours imprisonment 7 days imprisonment 7 days imprisonment 2 days imprisonment Death - commuted to 5 yrs Roads |
1 Empire, Fri 2 Dec 1870, p. 2.
2 Empire, Wed 15 Feb 1871, p. 3.
3 The Sydney Morning Herald, Wed 15 Feb 1871, p. 6.
4 SRNSW: NRS4232, [4/1553], Executive Council, Minute books, Minute 12, 24 Feb 1871, pp. 100-1.
5 SRNSW: NRS2138, [5/1696], Darlinghurst Gaol photographic description book, 1872-1877, No. P61, p. 61, R5097.

