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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

NSW Executive Council minute, 24 Feb 1871. Photo: Peter de Waal
NSW Executive Council minute, 24 Feb 1871. Photo: Peter de Waal

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

NRS2138 5_1696 photo - p. 61 no. 1 - Matthew Cahill. Photo - Peter de Waal NRS2138 5_1696 photo - p. 61 no. 2 - Matthew Cahill. Photo - Peter de Waal

 


Gaol Photo Sheet - Transcribed Details

Number on Gaol Register: P61

Portrait Taken: 20th January 1874

Prisoner's Name: Matthew Cahill


Native place: Tipperary, Ireland

Year of birth: 1835

Arrived        Ship: Lobelia 
in Colony }   Year: 1862

Trade or occupation
previous to conviction  } Plasterer

Religion: R. C.

Education, degree of: R&W

Colour of hair: Brown & Bold

Colour of eyes: Blue

Height: 5' 5½"

Weight     On committal: 
in lbs     }  On discharge: 


Special Marks: Scar between eyes. Lumps left elbow. Both little fingers crooked. Birth mark right side. Scar third joint first finger left hand. Mole under nipple left breast. Scar large toe left foot.

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

Remarks:

 

 (No. of previous Portrait ... ) 

PRISON HISTORY

Where and When Offence. Sentence

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.