The Armidale Express and New England General Advertiser, Fri 29 Apr 1904 1
ARMIDALE CIRCUIT COURT.
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The Circuit Court opened at 10 am on Tuesday, before Mr Justice Owen.
Dr RH Todd, assisted by Mr Vere D Besnard (of the Crown Solicitor’s Office), prosecuted for the Crown, and the legal profession was also represented by Messrs Mocatta and White (barristers), and Messrs McDonald, Kearney, Claverie (Armidale), Boyd (Inverell). And Haydon (Uralla), solicitors.
Mr Lawson, PM, represented the Sheriff, and Mr CE Manning was Judge’s Associate.
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(Continued from Page 3.)
The court re-opened at 9.30 on Wednesday morning.
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ALLEGED BESTIALITY.
Albert Haydon (15) was charged with committing the abominable crime of bestiality [with a mare] at Hillgrove on 12th instant.
Mr Mocatta, instructed by Mr Claverie, appeared for accused, who pleaded not guilty. The following jury was sworn:— WJ Dorrington, J Dean, J Dewhurst, A Menzies, GB Hardaker, R Evans, TH Bishop, W Murray, EJ Lackay, T Love, JP Kirkwood, and J Cameron. Accused exhausted his full right to challenge.
The Crown Prosecutor opened the case for the Crown with its revolting details, and called Franklin William Jackes, who deposed that he witnessed the commission of the crime by accused.
The witness was cross-examined at some length by Mr Mocatta. Evidence in support of the Crown case was also given by a lad named Charles Widdy and by Constable [John] Sketchley, of Hillgrove.
For the defence, the accused [Albert Haydon] went into the box, and positively denied committing the offence.
Excellent characters were given him by Messrs AS Curtis and C Rogers, and by his father, John Haydon, on oath, and a letter from Mr McGeorge, manager of the Baker’s Creek Gold Mine, where the lad is employed, giving him an excellent character, was read.
Mr Mocatta addressed the jury, reflecting very severely on the chief witness for the Crown, and, in concluding a brilliant address, Mr Mocatta demanded the acquittal of his client.
The Crown Prosecutor did not reply.
His Honor summed up, pointing out that the Crown case depended entirely on the evidence of Jackes. If the jury believed that evidence they must convict. His Honor traversed Jackes’ evidence, and left the case to the jury.
The jury retired at 20 minutes past 1, and at 2.35 returned to court with a verdict of not guilty, and accused was discharged.
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The Armidale Argus, Sat 30 Apr 1904 2
ARMIDALE CIRCUIT COURT.
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(Before Mr Justice Owen.)
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Albert Haydon (15) was charged with bestiality at Hillgrove, and pleaded not guilty. Mr Mocatta, instructed by Mr Claverie, appeared for accused. The brought in a verdict of acquittal.
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The Armidale Chronicle, Sat 30 Apr 1904 3
ARMIDALE CIRCUIT COURT.
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(Before His Honor Mr Justice Owen).
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Tuesday.
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Wednesday.
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A HILLGROVE CASE.
Albert Haydon, 16, was charged with an unnatural offence, alleged to have been committed at Hillgrove during April.
Accused pleaded not guilty, and was defended by Mr Mocatta, instructed by Mr DP Claverie.
The fully jury was empannelled:— [sic] WJ Dorrington, J Dean, J Dewhurst, A Menzies, Thos Love, JP Kirkwood, G Hardaker, R Evans, WC Murray, Ed Lackey, John Cameron, and T Bishop.
Accused challenged eight jurors.
Franklin Jackes, prespector [sic], gave evidence to the effect that he saw accused in the bush near Hillgrove on the 12th inst and witnessed the commission of the offence with which accused stood charged. He spoke to the lad afterwards, and was quite close enough to see all that took place.
Corroborative evidence as to seeing accused in the locality in question was given by a boy named Charles Widdy.
Accused [Albert Haydon] gave evidence. He admitted having been in the locality on the day in question, but he did not commit the offence. He was out getting his father’s cows at the time. He was doing something entirely different to what Mr Jackes had described. It was not true what Mr Jackes had said about the offence. Witness had only recently left school, and there had never been any aspersion on his character.
Dr Todd cross-examined accused, but did not succeed in weakening his evidence.
Stanley H McGeorge, manager of the Baker’s Creek mine (in which accused had worked for four months), gave accused an excellent character, and also spoke well of accused’s father and elder brother, both of whom had worked in the mine for some time. The family were industrious and well conducted.
AT Curtis , storekeeper, gave evidence to the effect that he had visited the locality in question, in company with Mr Claverie and accused’s father, and made certain observations. Accused bore a good character, and kept good company.
Accused’s father gave evidence, and said that the boy was very industrious and well-conducted, and had never caused him any trouble.
Mr Mocatta delivered a stirring address on behalf of his client. He denounced in no uncertain terms the conduct of the prosecutor in connection with the case.
His Honor having summed up, the jury retired at 1.15, and shortly after returned with a verdict of acquittal.
1 The Armidale Express and New England General Advertiser, Fri 29 Apr 1904, pp. 3, 4. Emphasis added.
2 The Armidale Argus, Sat 30 Apr 1904, p. 6.
3 The Armidale Chronicle, Sat 30 Apr 1904, p. 3. Emphasis added.