The Bathurst Times, Wed 22 Oct 1879 ¹

BATHURST ASSIZE.
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(Before His Honor Acting-Judge Stephen.)
TUESDAY, OCTOBER 21, 1879.

His Honor took his seat at 10 o’clock.

    The barristers present were Mr CS Cansdell (who prosecuted for the Crown), Mr D Buchanan, Mr FL Smythe.

    Attorneys: Mr McIntosh, Mr TH Hellyer, Mr LF Heydon, Mr J McPhillamy, jun, Mr JC McLachlan (Orange). R Wiltshire was in attendance at the Solicitor’s Office. Mr C Cooper (Sheriff) and Mr Benjamin Lee, Police Magistrate, were also present.

    The associate (Mr Henry Francis Barton) read a commission appointing Mr Stephen to act as Judge, and his Honor took the oath to discharge the duties of his office without “fear , favour, or affection.”

    Mr Cansdell handed in his commission as Crown Prosecutor.

    The usual proclamation was read against vice and immorality.

    The names of the jurors summoned were then called. In regard to several who did not attend, Mr MP Meagher appeared, and stated that his brother, Mr John Meagher, JP, was in Sydney, on important business and could not attend.—His Honor said he could not recognise that as an excuse. If he did this in the case of one, he should have to recognise it as an excuse from all. If Mr Meagher’s name were called, and he did not appear, he would be fined. In the case of Mr RY Cousins, JP, the Police Magistrate mentioned that he was suffering from a serious injury to one of his legs, and his Honor thought this sufficient to relieve him from attendance. Mr HM Fulton, JP, sent in a similar excuse to be presented on behalf of Mr Meagher, and it was not allowed. Mr S Hodge, undertaker, asked to be relieved on the ground that he had four funerals to attend to, and in reply to a question, said that these funerals could not be conducted in his absence. His Honor permitted Mr Hodge to retire. A letter was read from Mr John McKinnon, whose daughter had just died, and who therefore applied to be excused. His Honor at once intimated that Mr McKinnon would be relieved from attendance.
…

BESTIALITY.

    Jeremiah Neville was charged with having committed the above offence at Milburn Creek, near Cowra, on the 24th April.

    The prisoner, who was defended by Mr Buchanan, instructed by Mr Heydon, pleaded not guilty.

    The case was opened by the Crown Prosecutor, who then proceeded with the examination of witnesses. Only such portions of the evidence as are fit for publication are given.

    Sergeant McCarty, of Cowra said, that on the evening of the 23rd of April last, at Milburn Creek, about 16 miles from Cowra, he was in company with Constable Schneider (aka Schrader); prisoner lived at Milburn, witness had been camped near to a hut occupied by prisoner; next morning, at daybreak, witness went up the creek to look for the horses, and shortly after observed prisoner coming along the embankment leading several horses, witness’s mare being with them; prisoner took the hobbles from the animal, and led it up the creek towards his house; witness called to Constable Schneider, who had disappeared, but shortly after he came to witness, and asked him to go up to prisoner’s place; he went, and there caught the prisoner in the act.

    Cross examined by Mr Buchanan: The prisoner was working for Mr Salmon, manager of Cudgegong station, at the time the offence was committed witness had borrowed the mare from a storekeeper named Newell living in Cowra; it was a common thing for the police to lead an unshod horse into the bush when they were out after suspicious characters, to throw them of the scent; his reason for taking the mare out on the night in question was, because he had heard of three armed men being in the neighbourhood of the Abercrombie Mountains, and witness wished to get out there at night time; he did not know that he had taken umbrage against the prisoner for shooting dogs which had worried his sheep; he had offered witness £5 to recover a stolen horse, but prisoner’s name was never mentioned; the first charge he brought against prisoner was stealing a pair of hobbles.

    Senior-constable Schneider, stationed at Obely, deposed that on the 23rd of last April he was stationed at Cowra; he remembered going out on duty to Milburn Creek. The witness went on to corroborate the evidence already given, and was then subjected to a searching cross-examination by Mr Buchanan.

    This being the case for the Crown, Mr Buchanan handed in testimonials from Andrew Lynch, MLA, and several other gentlemen residing in the Cowra district—all certifying that the prisoner had been known to them for some years past as a sober and well conducted man. The learned gentleman next proceeded to address the jury, and argued that the evidence of the police was of an unreliable nature.

    His Honor summoned up, after which the jury retired for about half-an-hour, when they brought in a verdict of guilty of the attempt.

    Prisoner [Jeremiah Neville], in reply to the usual question as to why sentence should not be passed upon him, said that he was innocent.

His Honor said, that if the prisoner was innocent then the two constables must be men of a very bad description. For his part, he thoroughly coincided with the verdict of the jury. They could have come to no other conclusion. The offence was one of a most serious nature, and if he did not award an adequate punishment, he would be wanting in his duty to society.

    Prisoner, who seemed to feel his disgraceful position acutely, was then sentenced to two years’ hard labour in Bathurst.

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Jeremiah Neville, Gaol photo sheet ²

 

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Gaol Photo Sheet - Transcribed Details

No. 249
B[athurst] 181/79

Date when Portrait was taken: 21 January 1880

Prisoner's Name: Jeremiah Neville

Native place: Hobles Creek Year of birth: 1856 Arrived        Ship:  in Colony }   Year: BC Trade or occupation previous to conviction  } Laborer Religion: RC Education, degree of: R & W Colour of hair: Brown Colour of eyes: Blue Height: 5' 8" Weight     On committal: 175 in lbs     }  On discharge:  Marks or Special Features: Scar on right elbow. Mark on left shin bone

Where and when tried: Bathurst CC 21 October 1879 Offence: Attempt to commit bestiality Sentence: 2 years imprisonment Bathurst Remarks:

(No. of Previous Portrait ...  )  PREVIOUS CONVICTIONS

Where and When				Offence.	Sentence
				Nil

 

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¹  The Bathurst Times, Wed 22 Oct 1879, p. 3. Emphasis added.

²  SRNSW: NRS1998, [3/5955], Bathurst Gaol photographic description book, 1874-1930, No. 249, p. 212, R5084.

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