The Bathurst Free Press and Mining Journal, Wed 17 Sep 1856 1
BATHURST CIRCUIT COURT.
The assizes for this circuit was opened at ten o’clock on Monday last, by his Honor Mr Justice Dickenson [sic–Dickinson].
The barristers present were: Mr TW Meymott who appeared on behalf of the Attorney-General, Mr Holroyd, Mr Stephen, and Mr Caley.
The calender comprised the names of twenty-seven prisoners, many of whom were charged with very serious offences.
John MacBain [aka McBayne] stood charged with having, at Sofala, on the 25th of April last, committed an unnatural offence, [bestiality with a bitch].
The details in this case are unfit for publication.
His Honor having summed up, the jury, after retiring for a short time, returned a verdict of guilty of an attempt to commit an unnatural crime.
The prisoner was sentenced to two years’ hard labour in Bathurst gaol.
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The Sydney Morning Herald, Fri 19 Sep 1856 2
BATHURST CIRCUIT COURT.
MONDAY, 15th SEPTEMBER, 1856.
HIS HONOR Mr Justice Dickinson opened this Court this morning punctually at 10 o’clock.
The Royal Proclamation having been read by Mr Sempill, Clerk of Assize, a commission under the hand of the Governor-General was presented to the Court by FW Meymott, Esquire, barrister-at-law, appointing that learned gentleman to prosecute for the Crown, in the absence of her Majesty’s Attorney-General, James Martin, Esquire.
Mr Meymott stated, for the information of the gentlemen who were in attendance as jurors and others, that the appointment of prosecutor at this Assize Court had been conferred on him by his Excellency the Governor-General, to guard against any difficulty that might possibly arise from the fact of the Attorney-General (Mr Martin) not being a barrister of the Supreme Court at the date of the commission, although Mr Martin, having since gone through the required examination, had been admitted to be a barrister-at-law. The learned gentleman further expressed his opinion that the fact of Mr Martin’s not being a barrister would not have disqualified him from appearing in Court and performing the functions of her Majesty’s Attorney-General, prior to his admission to the Bar.
The Under-Sheriff, George Uhr, Esq, attended the court as the deputy of the High Sheriff. The members of the bar present were FW Meymott, Esq, for the Crown, as before stated; AT Holroyd, Esq, MP; MH Stephen, Esq, and John Bede Dalley, Esq; and the following attorneys and solicitors: JN McIntosh, Esq; JS Home, Esq; SB Serjeant, Esq; JS Wadeson, Esq; and G Pinnock, Esq.
John McBayne was indicted for having committed a certain crime. The case was quite unfit for publication. The jury found a verdict of guilty of an attempt to commit the crime charged, in the indictment, and the prisoner was sentenced to imprisonment in Bathurst Gaol for two years, with hard labour.
1 The Bathurst Free Press and Mining Journal, Wed 17 Sep 1856, p. 2.
2 The Sydney Morning Herald, Fri 19 Dec 1856, p. 8.