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1878, Patrick Joyce - Unfit For Publication
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Below also see: Patrick Joyce, 1879

 

Queanbeyan Age, Wed 18 Sep 1878 1

UNNATURAL OFFENCE.

    Patrick Joyce, a lad of fourteen, was yesterday committed by the Queanbeyan bench to take his trial at the Goulburn assizes to be held on the seventh of next month, for an unnatural offence, [bestiality with an ewe  sheep]. Bail (substantial) was allowed. The case was heard with closed doors.

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Goulburn and Queanbeyan Evening Penny Post, Tue 8 Oct 1878 2

GOULBURN CIRCUIT COURT.

    This court commenced its sittings yesterday morning at ten o’clock before his Honor Mr Justice Hargrave. Mr JC Manning prosecuted on behalf of the Crown, instructed by Mr Walsh from the Crown-Solicitor’s office. There were no barristers present; solicitors– Messrs Gannon, Betts, and Davidson. Mr A McKellar represented the sheriff. Mr Jones was present as judge’s associate.

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The Goulburn Herald and Chronicle, Wed 9 Oct 1878 3

WEDNESDAY, OCTOBER 9, 1878.
THE GOULBURN ASSIZES.

    COMMENCED on Monday before his Honor Mr Justice Hargrave. Mr CJ Manning prosecuted for the crown, assisted by Mr Walsh of the crown-solicitor’s office; Mr A Mackellar represented the sheriff; Mr GER Jones officiated as judge’s associate. The attorneys present were Mr Gannon, Mr Betts, and Mr Davidson. With the exception of the crown-prosecutor no member of the bar was in attendance.

    The usual proclamation against vice and immorality having being read, the following case was called:–

CAPITAL OFFENCE.

    Patrick Joyce, a boy of fourteen years, was charged with having on the 4th September last at Spring Range committed an unnatural offence.

    The prisoner pleaded not guilty, and was defended by Mr Want assisted by Mr Lipscombe.

    The principal witness in the case was a boy of six years named Alfred Southwell, living with his father, a selector, at a place about twenty miles from Queanbeyan. The offence was said to have been committed whilst the prisoner and witness and his brother were looking after some sheep.

    Mr Want, who had been assigned by his Honor to defend the prisoner, made a powerful address, dwelling chiefly on the following four points:– 1. The prisoner’s age. 2. The probable absence of such strong passions as the offence supposed. 3. The impracticability of the witness seeing the offence committed in the manner described. And 4. The evidence adduced as to the complete accomplishment of the deed.

    The Crown-prosecutor having replied,

    His Honor, in summing up, remarked on the improbabilities of the case considering the prisoner’s age and other circumstances. With the facilities afforded in this country such cases would be of much more frequent occurrence if such boys could be thought generally capable of such conduct; and even in the case of convictions the capital punishment under such circumstances would not be likely to be carried out in civilized countries.

    The jury, after a short deliberation, returned a verdict of acquittal, and the prisoner was discharged.

    The court adjourned until ten o’clock next day.

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Goulburn and Queanbeyan Evening Penny Post, Thu 10 Oct 1878 4

GOULBURN CIRCUIT COURT.
TUESDAY, OCTOBER 8.

    BEFORE his Honor Mr Justice Hargrave.

BEASTIALITY. [sic]

    Patrick Joyce, fourteen years of age, appeared on bail charged with committing the above offence at Spring Range on the 4th September.

    Prisoner pleaded not guilty; and his Honor assigned Mr J Want instructed by Mr Lipscombe to defend him.

    Alfred Southwell, a boy six years old, was the principal witness. The offence was said to have been committed whilst witness, his brother and the prisoner were minding sheep at a place twenty miles from Queanbeyan.

    Mr Want made a powerful address to the jury, dwelling on the prisoner’s age, the probable absence of such strong passions as the offence supposed, the impracticability of the witness seeing the offence committed in the manner described, and the evidence adduced as to the complete accomplishment of the deed.

    The Crown-Prosecutor replied; and his Honor having summed up strongly in prisoner’s favor, the jury returned a verdict of not guilty and prisoner was discharged.

    The court adjourned till next morning.

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Queanbeyan Age, Sat 12 Oct 1878 5

THE GOULBURN ASSIZES.
(Abridged from the Goulburn Herald.)

COMMENCED on Monday before his Honor Mr Justice Hargrave. Mr CJ Manning prosecuted for the crown, assisted by Mr Walsh of the crown-solicitor’s office; Mr A Mackellar represented the sheriff; Mr GER Jones officiated as judge’s associate. The attorneys present were Mr Gannon, Mr Betts, and Mr Davidson. With the exception of the crown-prosecutor no member of the bar was in attendance.

    The usual proclamation against vice and immorality having been read, the following case was called:—

TUESDAY, OCTOBER 8.

    His Honor took his seat on the bench shortly after ten o’clock.

    In addition to the legal gentlemen present yesterday, Messrs Want and Bennett (barristers) and Mr Lipscombe (attorney) were in attendance.

CAPITAL OFFENCE.

    Patrick Joyce, a boy of fourteen years, was charged with having on the 4th September last at Spring Range committed an unnatural offence.

    The prisoner pleaded not guilty and was defended by Mr Want assisted by Mr Lipscombe.

    The principal witness in the case was a boy of six years named Alfred Southwell, living with his father, a selector, at a place about twenty miles from Queanbeyan. The offence was said to have been committed whilst the prisoner and witness and his brother were looking after some sheep.

    Mr Want, who had been assigned by his Honor to defend the prisoner, made a powerful address, dwelling chiefly on the following four points:—1. The prisoner’s age. 2. The probable absence of such strong passions as the offence supposed. 3. The impracticability of the witness seeing the offence committed in the manner described. And 4. The evidence adduced as to the complete accomplishment of the deed.

    The Crown-prosecutor having replied.

    His Honor, in summing up, remarked on the improbabilities of the case, considering the prisoner’s age and other circumstances. With the facilities afforded in this country such cases would be of much more frequent occurrence if such boys could be thought generally capable of such conduct; and even in the case of convictions the capital punishment under such circumstances would not be likely to be carried out in civilized countries.

    The jury, after a short deliberation, returned a verdict of acquittal, and the prisoner was discharged.

 


  

Patrick Joyce, 1879 

The Yass Courier, Fri 18 Apr 1879 6

LOCAL AND GENERAL
YASS COURT OF PETTY SESSIONS.

WEDNESDAY, APRIL 16.
Before Mr L Yates, PM.

    Patrick Joyce, charged with an unnatural offence, [bestiality with a sheep ], was fully committed to take his trial at the next Circuit Court to be holden in October. Bail was allowed, himself in £80 and two sureties of £40 each.

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The Burrowa News, Fri 3 Oct 1879 7

YASS CIRCUIT COURT.
————
WEDNESDAY, OCTOBER 1.
(Before His Honour Mr Justice Windeyer)

BESTIALITY AT NANAMA CREEK.

    Patrick Joyce, aged 14 years and 11 months at the time of the alleged offence was indicted for having, on 16 March, 1879, at Nanama Creek, committed an unnatural offence. Prisoner pleaded not guilty.

    Nathaniel Lucas, a farmer residing at Nanama, deposed: On the 16th March my nephew and I were riding at the Springs, 4 miles from Jeir, when the offence in question was committed.

    John Thomas Lucas also gave evidence.

    A verdict of not guilty was returned, and the prisoner was discharged.

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The Yass Courier, Fri 3 Oct 1879 8

LOCAL AND GENERAL
————
YASS CIRCUIT COURT.
WEDNESDAY, OCTOBER 1.
Before his Honor Mr Justice Windeyer.

    Mr RE O’Connor prosecuted for the Crown. The Sheriff (Mr C Cowper) was in attendance. Mr Walsh, represented the Crown solicitor. The only legal gentlemen in attendance were Mr JH Want (barrister) and Mr WF Wilkinson (solicitor).

    Mr FW Gibson having read the usual proclamation against vice and immorality, the first case was called.

UNNATURAL OFFENCE.

    Patrick Joyce, fifteen years of age, was charged with having, on the 16th March last, at Nanama Creek, committed the offence stated.

    The jury, after an absence of about an hour and a half, returned a verdict of not guilty, and the prisoner was discharged.

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The Cootamundra Herald, Sat 4 Oct 1879 9

    CURCUIT [sic] COURT.—At the Yass Curcuit Court, opened by Justice Windeyer on Wednesday,

    Patrick Joyce, aged 14 years and 11 months, for alleged beastiality [sic] was discharged.

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The Sydney Morning Herald, Mon 6 Oct 1879 10

YOUNG.

Saturday.

    The greater number of cases tried at the Yass Circuit Court were sent from Young, and great complaints are being made by a number of witnesses who are thus inconvenienced. Mr Justice Windeyer, when here sometime since, promised to use his influence to establish a Circuit Court at Young, and the necessity has been frequently urged upon the Hon James Watson, who promised his attention to the matter upon the appointment of another Judge.

 


1  Queanbeyan Age, Wed 18 Sep 1878, p. 2.

2  Goulburn and Queanbeyan Evening Penny Post, Tue 8 Oct 1878, p. 3.

3  The Goulburn Herald and Chronicle, Wed 9 Oct 1878, p. [2. Emphasis added.

4  Goulburn and Queanbeyan Evening Penny Post, Thu 10 Oct 1878, p. 3. Emphasis added.

5  Queanbeyan Age, Sat 12 Oct 1878, p. 4. Emphasis added.

6  The Yass Courier, Fri 18 Apr 1879, p. 2.

7  The Burrowa News, (NSW), Fri 3 Oct 1879, p. 2. Emphasis added.

8  The Yass Courier, Fri 3 Oct 1879, p. 2.

9  The Cootamundra Herald, Sat 4 Oct 1879, p. 4.

10 The Sydney Morning Herald, Mon 6 Oct 1879, p. 5.