Below also see: Terence McCann, 1880,
John McCann, 1880

 

The Sydney Morning Herald, Sat 1 May 1880 ¹

(FROM OUR OWN CORRESPONDENTS.)
————

…

BATHURST.

Friday.

…
    John Vane, an ex-bushranger, has been received into the Bathurst gaol, under committal, on a charge of stealing 431 sheep, the property of TA Smith, PM, of Trunkey. The principal witness against prisoner was Terence McCann, and accomplice, who turned approver.

~ ~ ~ ~ ~

The Sydney Morning Herald, Wed 7 Jul 1880 ²

(FROM OUR OWN CORRESPONDENTS.)
————

…

BATHURST.

Tuesday.

    At the Quarter Sessions to-day, John Vane, of bushranging notoriety, was indicted for stealing 421 sheep, the property of Mr TM Smith, Police Magistrate of Trunkey. The principal witness was a prisoner named Hargans, who is serving a sentence of two years in Parramatta gaol, for stealing the sheep in question. Terence McCann, another witness, and who is under committal for horse-stealing, had been concerned in the matter with Vane and Hargans, and had given information to the police. The evidence was quite clear, and Vane was convicted and remanded for sentence. The sheep owners of Trunkey district have for a considerable period suffered through the depredations of a gang of thieves, who have up to the present, carried on their operations with impunity. 

 

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Terence McCann, 1880 

The Maitland Mercury and Hunter River General Advertiser, Sat 11 Sep 1880 ³

MISCELLANEOUS ITEMS.
————

…
    HOUSES BURNT NEAR CALOOLA.—The Trunkey correspondent of the Bathurst Times  writes:—“On the 19th August, a house the property of Mr A Wilson, Carr’s Creek, near Caloola, and a hut belonging to Mr Reynolds, in the same locality, were destroyed by fire. On the 26th instant an inquiry was held upon the matter, before the coroner (Mr TA Smith, PM). From the evidence it appears that a man named Moss had been living in Mr Wilson’s house, and had, a few hours before the discovery of the fire, removed his clothing and other effects to a hut (newly built) distant about half-a-mile. The property had been carried back again by some person, in the absence of Moss, to the hut where the fire occurred, and there burnt. Some of the property was found after the fire was over, and identified by Moss. That the fire was the work of some scoundrel, there is little doubt. A man named Terence McCann was arrested on suspicion, but no direct evidence could be produced to implicate him in the matter.”

~ ~ ~ ~ ~

Terence McCann, Gaol photo sheet ⁴

 

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Gaol Photo Sheet - Transcribed Details

No. 57 291

Date when Portrait taken: 17th Nov 1875

Name: Terence McCann

Native place: Long Swamp Year of birth: 1859 Arrived        Ship:  in Colony }   Year: BC Trade or occupation previous to conviction  } Laborer Religion: R. C Education, degree of: R & W Colour of hair: Brown Colour of eyes: Blue Height: 5' 11" Weight     On committal: 161 in lbs     }  On discharge:   Marks or Special Features: Sore eyes

Where and when tried: Trunkey Bench 2nd Sep 1880 Offence: Illegally using a horse Sentence: 12 months imprisonment Remarks:

(No. of Previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
				Nil

   

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John McCann, 1880 

 

Depositions for John McCann 23 Oct 1880 Bathurst trial ⁵

J O’Connor, A/CPS,
Police Office Trunkey Creek
25th September 1880

Robert Wisdom, Attorney General, Sydney

Sir
    I have the honor to inform you that I am directed by the Police Magistrate [Thomas Arkelll Smith] to state for your information, that although Mrs Shephard [sic] and her three sons were bound over to prosecute their attendance cannot be forced as she is a married woman and her husband is at present away from home.

    Will you be good enough to direct that Crown summons be issued for their attendance at Bathurst Circuit Court.

    Matthew Shepherd’s statement attached page 18 was not on oath, if you consider his evidence material will you please also to direct that a Crown summons be issued for his attendance.

    I have the honor to be
       Sir
    your most obedient servant
[Signed] J O’Connor,  Acting CPS

~ ~ ~ ~ ~

(N., 11 & 12 Vic., Cap. 42.)

Depositions of Witnesses.

TO WIT.
The examination of John O’Connor Senior Constable of Trunkey Creek in the Colony of New South Wales, Margaret Jane Shephard, Amos Cooper Shephard, Reginald John Shephard and Thomas Shephard of Trunkey Creek, in the said Colony, taken on the 21st and 25th days of September in the year of Our Lord one thousand eight hundred and eighty at Trunkey Creek in the Colony aforesaid, before the undersigned, [one] of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of John McCann who is charged this day before me, for that he the said John McCann   did, on the 3rd day of September at Trunkey Creek  in the said Colony, attempt to commit an unnatural offence  on Amos Cooper Shephard   a boy of 9 years of age.

1

Police versus John McCann 
An Attempt to Commit Sodomy

    John O’Connor on oath says I am Senior Constable of Police stationed at Trunkey. This day about half past 11 o’clock I in company of Constable Goddard arrested the prisoner now before the Court in Mrs Haigns house in the town on a charge of attempting to commit an unnatural offence upon a boy 9 years old named Amos Cooper Shepherd of the present month I cautioned him that whatever he should say I would give in evidence against him at his

2

trial. He replied “Oh Jesus.” After a little time he said “No? No?” I brought him to the lock up. I searched him but found no property on him. I shewed him the belt I now produce in presence of the boy Shepherd and asked prisoner if he knew that belt. He replied “No!” I then asked “young Shepherd” in prisoner’s presence “is this the belt he (meaning the prisoner) gave you?” Shepherd replied “Yes!” I am not prepared for further evidence today and pray for a remand of 7 days.

[Signed] J O’Connor.

    Remanded for seven days. Taken and sworn before me at Trunkey this 21st day of September 1880.
[Signed] Thomas Arkell Smith,  PM. 

3

    John McCann on remand.

    John O’Connor on oath says I am Senior Constable of Police stationed at Trunkey. On 21st inst. Tuesday I took the prisoner in company with the boy “Amos Shepherd” and his mother to a place on near the Newbridge Road just outside the town. The boy in prisoner’s presence pointed out a digging hole where he said the offence was committed. I measured the hole, it was facing east and west 4 feet long 2 feet wide three feet deep. It was an old hole and the sides had caved in, making the hole wider

4

below than at the surface. On the east side of the hole on the surface there was a large log. On the north and south sides the hole was shaded by scrubby wattle trees. I measured the distance from the road to the hole; it was 37 yards. I then measured from the hole to the nearest house which was Marmions Stud; the distance was 110 yards. The road is very much higher than the hole. No person could be seen from Marmions Stud if in the hole nor yet from the road unless when standing up.

[Signed] J O’Connor. 

Taken and sworn before me at Trunkey this 25th day of September 1800.
[Signed] TA Smith, PM.

5

    Margaret Jane Shepherd on oath saith I am a married woman living with my husband in Trunkey. At the present time my husband is from home working at Browns Creek. I know the prisoner. I have a son named Amos Cooper Shepherd, he is 9 years old. I remember Saturday 4th instant. I always give my children a bath every Saturday night. On this day I washed “Amos”. While washing the boy I noticed the boy’s seat and thighs all chaffed. I asked him how he had hurt himself. He did not tell me.

6

The next day Sunday my elder son told me something. I remember the 3rd September. “Amos” came home wearing the belt produced. I took it from him, thinking it belonged to some of the school children. Reginald, a younger son of them said the belt belonged the Jack McCann. The belt now shewn me is the same belt that I took from Amos on Friday 3rd instant. I was present when the police have shewn a hole by my son “Amos” near “Marmions”

    By the Bench: I did not know what to do, my husband was away.

7

I thought I should have to take out a summons and I had no money.

[Signed] Margaret J Shepherd.

Taken and sworn before me at Trunkey this 25th day of September 1880.
[Signed] TA Smith, PM.

8

    Amos Cooper Shepherd on oath saith I am son of Mr Thomas Shepherd and live with my parents in Trunkey. I am 9 years old. I go to the public school. I can read and write. I go to Church of England, I know my prayers. I know the prisoner. I remember my mother taking the belt now shewn me from me. On Thursday I saw p I got that belt from the prisoner the day before. The day I got the belt, Friday, I was coming from (Donnellans ?). Prisoner was on the road, he called me, I went to him. He was

9

then wearing the belt. He said “Come down here, I’ll show you where I’m going to dig a hole to get some gold. I went with him to the hole. When I took the police and prisoner last Tuesday prisoner got into the hole and asked me to come down. I said “What sill you give me?” Prisoner scratched about with his hand and said that it looked like good dirt to wash and for me to go down and look at it. I said I would not go down. I said “What will you give me?” Prisoner said “My belt.” He took the belt off and handed it up to me. He was standing

10

in the hole. I planted the belt and then got into the hole where the prisoner was. Prisoner said to me “Give me a fuck.” I said “I will not.” He said “Come on, come on.” I said “No I’ll not.” Prisoner caught hold of me and took down my trousers and then took down his trousers, pulled me down on my knees, with my back towards him. He then tried to put his cock into my bottom, he hurt me, he did not fit it in to me. He then spit on his back and again tried to put it into my bottom. He again hurt me and made me cry, but did not

11

get into me. I felt some wet about my bottom. Prisoner then let me go, and told me he would give the 4 dozen marbles and 2 pennies for the belt back again. Prisoner said for me to keep the belt till he gave me the marbles and the money. He then said “Don’t you tell anyone.” I did the next day tell my brothers. I remember my mother washing the next night Saturday. My mother noticed my bottom sore and asked me about it. I did not tell her. I’m quite sure the belt produced is the one prisoner gave me on Friday. I was afraid to tell my mother for

12

fear she would beat me.

    By prisoner: You had not digging tools with you that day. No-one told me to say anything against you.

[Signed] Amos Constable Shepherd.

Taken and sworn before me at Trunkey this 25th day of September 1880.
[Signed] TA Smith, PM.

13

  Reginald John Shepherd  on oath saith I am son of Mr Thomas Shepherd a Miner and live in Trunkey with my parents. I know the prisoner. I remember Friday 3rd instant. I was in Trunkey that day, on my way to Trunkey. About 4 o’clock I saw prisoner sitting near a digger’s hole on a log, about 20 or 25 yards from the road, between the road and the creek. I overtook my brother as I was returning from Trunkey, he had a belt round his waist. I said “That is Jack McCann’s belt.” He said “How do you know?” I said “I saw it on

14

him today.” The belt produced is the same. I saw mother take the belt from my mother brother just about candlelight. I saw prisoner at dinner time in “Meaghens” verandah wearing the belt.

[Signed] Reginald John Shepherd .

Taken and sworn before me at Trunkey this 25th day of September 1880.
[Signed] TA Smith, PM.

15

    Thomas Shepherd on oath saith I am son of Mr Thomas Shepherd and live at Trunkey. I attend the public school. I know the prisoner. I remember this day three weeks my brother Amos told me something that Jack McCann done on him. I told my mother the same day. I saw the belt now produced on the Friday. I think yesterday 3 weeks about 4 o’clock in the afternoon. Amos was at the time having it. I said to Amos “That is Jack McCann’s belt, I saw it on him.” He said “How do you know?” I said “I saw it on him today.” I know that belt, it is the same that I saw

16

with McCann and also with “Amos”. I have seen McCann wearing that belt 2 or 3 times.

    By prisoner: I know that is your belt. There may be plenty more like it.

[Signed] Thomas Shepherd

Taken and sworn before me at Trunkey this 25th day of September 1880.
[Signed] TA Smith, PM.

17

    John O’Connor Senior Constable recalled. I have seen the prisoner frequently about this Court and he wore a belt similar to the one produced and sworn to by the witnesses. He now wears no belt but a makeshift made of flannel or something like it.

[Signed] J O’Connor.

Taken and sworn before me at Trunkey this 25th day of September 1880.
[Signed] TA Smith, PM.

    Committed to trial to the Court of Assizes at Maitland to be holden on Saturday 23rd day of October next.
[Signed] TA Smith, PM.

~ ~ ~ ~ ~

(N., 11 & 12 Vic., Cap. 42.)

Statement of the Accused.

New South Wales,
TO WIT.                  }

John McCann stands charged before the undersigned one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this 25th day of September in the year of Our Lord one thousand eight hundred and eighty for that he, the said John McCann on the 3rd day of September at Trunkey Creek, in the said Colony, attempt to commit an unnatural offence on Amos Shepherd a boy 9 years old and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said John McCann and the witnesses for the prosecution John O’Connor Senior Constable Margaret Shepherd, Amos Cooper Shepherd Reginald John Shepherd, Thomas Shepherd and Matthew Shepherd being severally examined in his presence, the said John McCann is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing and may be given in evidence against you upon your trial;” whereupon the said John McCann saith as follows:– “I am innocent.” 

Taken before me, at Trunkey Creek in the said Colony, the day and year first abovementioned.
[Signed] TA Smith, PM.

18

    Matthew Shepherd a lad 8 years old states, I go to the public school. I can read and write. I go to the Church of England. I go to Sunday School. I can say my prayers. I know McCann. Amos told me he got a belt from Johnny McCann. I saw “Amos” wearing the belt, mother took it from him. A few days after I saw prisoner at the back of where he lives. I said “What did Amos give you for the belt?” McCann said “A frig.” I said nothing more but went away.

[Signed] Mat Shepherd.

~ ~ ~ ~ ~

(O. 1, 11 & 12 Vic., Cap. 42.)

Recognizance to give Evidence.

New South Wales,
TO WIT.                 }
Be it remembered, that on the 25th day of September in the year of Our Lord one thousand eight hundred and eighty John O’Connor a Senior Constable of the Police Force, Margaret Jane Shepherd of Trunkey Creek in the Colony of New South Wales, Amos Constable Shepherd, Reginald John Shepherd both of Trunkey Creek in the said Colony, and Thomas Shepherd of Trunkey Creek in the said Colony, personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe our Sovereign Lady the Queen the sum of

FORTY POUNDS EACH,

of good and lawful money of Great Britain, to be made and levied on their Goods and Chattels, Lands and Tenements, to the use of our said Lady the Queen, her Heirs and Successors, if they the said before mentioned persons shall fail in the condition indorsed. 

[Signed] J O’Connor, Margaret Jane Shepherd, Amos Constable Shepherd, Reginald John Shepherd, Thomas Shepherd.

Taken and acknowledged, the day and year first above mentioned, at Trunkey Creek in the said Colony, before me.
[Signed] TA Smith, PM.

The condition of the within written Recognizance is such, that whereas John McCann was this day charged before Trunkey Arkell Smith, Esquire, one of Her Majesty’s Justices of the Peace for the said Colony, with attempting to commit an unnatural offence on a boy 9 years old named Amos Cooper Shepherd. If therefore, they the before mentioned persons shall appear at the next Court of Gaol Delivery to be holden at Bathurst, in and for the Colony of New South Wales, on the 23rd day of October next, at nine of the clock in the forenoon, and then and there give such evidence as they know, upon an information to be then and there against the said John McCann for the offence aforesaid, to the Jurors who shall pass upon the trial of the said John McCann then the said Recognizance to be void, or else to stand in full force and virtue.

[Signed] Thomas Arkell Smith, JP.

~ ~ ~ ~ ~

[On the depositions’ cover sheet is the following]

Bathurst CC
23 October 1880
No. 198
Depositions.
Regina No.12
v.
John McCann
Attempt to commit an unnatural offence
See within
[Initialled] R[obert] W[isdom, AG]
Committed at Trunkey
on 25 September 1880

~ ~ ~ ~ ~

Attempt to commit Sodomy

[Initialled] RW AG
29/9/80

See letter of acting CPS attached to the depositions.

J O’Connor
3 Sep 1880.

~ ~ ~ ~ ~

The Bathurst Times, Wed 27 Oct 1880 ⁶

BATHURST CIRCUIT COURT.
(Before Mr Acting Judge Dowling.) ⁷
SATURDAY, OCTOBER 23, 1880.

    His Honour took his seat at 10 o’clock, and made the usual affirmations as to the conscientious performance of his duty.
    The barristers present were – Messrs R Pitcairn  (Crown Prosecutor), GC Davis, D Buchanan, and F Smythe, GH Reid (Judge’s Associate.)
    Attorneys: Messrs JN McIntosh, TH Hellyer, A West, AG Thompson, J McPhillamy.
    The Crown Prosecutor handed his commission, and the associate read the usual proclamation against vice and immorality.
    The names of the jurors were called and all answered except three, whose absence was excused.
…

ATTEMPT TO COMMIT UNNATURAL OFFENCE.

    John McCann as indicted for that he did, on the 3rd September last, at Trunkey Creek, assault one Amos Cooper Shepherd with intent to perpetrate a certain offence. Shepherd was a boy about nine years of age, and gave his evidence very intelligently. The other witnesses were – Senior-Constable O’Connor, who made the arrest; Margaret Jane Shepherd, mother of the boy; and Reginald John Shepherd, brother of the prosecutor, and 11 years of age.

    The jury, having heard the evidence, found the prisoner guilty,  and was remanded for sentence.

~ ~ ~ ~ ~

The Bathurst Times, Wed 27 Oct 1880 ⁸

MONDAY, OCTOBER 25, 1880.
His Honour took his seat at 9 o’clock.

SENTENCES.

…
    John McCann, who had been convicted of having, on the 3rd September last, at Trunkey Creek, assaulted a boy named Amos Cooper Shepherd with intent to commit a certain offence, in reply to the usual question as to why sentence should not be passed, said that he was innocent. Senior-constable O’Connor gave prisoner a very bad character. He had been known for a long time past to the police as a horse and cattle stealer, and had received one sentence of six months’ imprisonment for having illegally used a horse, and had once been summarily dealt with by the Trunkey bench for a similar offence. His Honour said that he would pass the heaviest sentence the law would allow. If prisoner had succeeded in his purpose he would have had to pay the penalty with his life. His Honor believed him guilty, and looked upon the verdict as a just one. He would therefore order him to be imprisoned  and kept at hard labour  in Bathurst gaol for a period of two years. His Honour also gave directions that prisoner should be kept isolated from the other prisoners as much as possible.

~ ~ ~ ~ ~

John McCann, Gaol photo sheet ⁹

 

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Gaol Photo Sheet - Transcribed Details

No. 58 292

Date when Portrait taken: 17 November 1880

Name: John McCann

Native place: Long Swamp Year of birth: 1862 Arrived        Ship:  in Colony }   Year: BC Trade or occupation previous to conviction  } Labourer Religion: RC Education, degree of: R & W Colour of hair: Brown Colour of eyes: Blue Height: 5' 11" Weight     On committal: 155 in lbs     }  On discharge:   Marks or Special Features:

Where and when tried: Bathurst Circuit Court Offence: Assault with intent to commit sodomy Sentence: 2 years hard labour Bathurst Remarks:

(No. of Previous Portrait ... )  PREVIOUS CONVICTIONS
Where and When				Offence.	Sentence
Trunkey Bench	14	6	1879	Illegally use a horse	6 months imprisonment

~ ~ ~ ~ ~

John McCann, Gaol photo sheet ¹⁰

 

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Gaol Photo Sheet - Transcribed Details

No. 947

Date when Portrait taken: 23rd December 1907

Name: John McCann

Native place: Long Swamp Year of birth: 1862 Date not known Arrived        Ship:  in Colony }   Year:  Trade or occupation previous to conviction  } Mine Religion: Roman Catholic Education, degree of: Read & Write Colour of hair: Light brown Colour of eyes: Blue Height: 5' 10½" Weight     On committal: 160 in lbs     }  On discharge: 160

Marks or Special Features: Cross on left arm. Boil scar on left elbow. Faint tattoo mark back of left hand near thumb. Cross “I.H.S.” M.W. in wreath on right arm. 3 vaccine marks on right upper arm. Lost 2 teeth lower jaw. Partly bald. Boil scar on left buttock.

(No. of Previous Portrait ... 397 Berrima; 292, 577 Bathurst)  CONVICTIONS
Where and When				Offence.	Sentence
Trunkey Bench ditto Bathurst GD Bathurst Q.S Trunkey PC ditto Tuena PC Bathurst Q.S Bathurst GD	18   1 23   1 11 26 20 29 16	6   5 10   2   5   2 10   1 10	1879 1880 1880 1882 1886 1887 1888 1890 1903	Illegally use a horse ditto Attempted sodomy Breaking prison Obscene language ditto Illegally on premises Maliciously killing a horse 1) Horse stealing 2) Larceny	6 months HL 7 days C 2 years H.L. 5 months & 2 weeks imprisonment to commence from 1-2-1882 £2 or 1 month CC 3 months H.L. 6 months C. 7 years P.S. 5 years P.S.

 

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¹    The Sydney Morning Herald, Sat 1 May 1880, p. 5. Emphasis added.

²    The Sydney Morning Herald, Wed 7 Jul 1880, p. 5. Emphasis added.

³    The Maitland Mercury and Hunter River General Advertiser, Sat 11 Sep 1880, p. 11. Emphasis added.

⁴    SRNSW: NRS1998, [3/5956], Bathurst Gaol photographic description book, 17 Nov 1880-2 Jul 1883, No. 291, p. 5, R5084.

⁵    SRNSW: NRS880, [9/6656], Supreme Court, Papers and depositions, Bathurst, 1880, No. 198. Emphasis added.

⁶    The Bathurst Times, Wed 27 Oct 1880, p. 2.

⁷    Acting Judge AJ Dowling’s notebooks could not be located at SRNSW.

⁸    The Bathurst Times, Wed 27 Oct 1880, p. 2.

⁹    SRNSW: NRS1998, [3/5956], Bathurst Gaol photographic description book, 17 Nov 1880-2 Jul 1883, No. 292, p. 6, R5084.

¹⁰  SRNSW: NRS2397, [3/6011], Parramatta gaol photographic description book, 29 Aug 1905-11 Nov 1909, No. 947, p. 112, R5137.

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