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1877, Edward James Creek - Unfit For Publication
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The Mudgee Independent, Thu 12 Apr 1877 1

THE CIRCUIT COURT.
———

THIS Court will be opened to-morrow (Friday) at 10 o’clock, before his Honor Sir Wm Manning, who will arrive to-day.

    Mr E Bennett will prosecute for the Crown; Mr Williams will act as Crown Solicitor
    All witnesses will have to report themselves at 9.30 at the Court House to-morrow morning.

    The following cases will be tried:—

IN GAOL.

    Alfred Victor, horse-stealing, committed by Coolah Bench.
    Samuel Britten, forgery, committed by Mudgee Bench.
    James Walsh, forgery, committed by Mudgee Bench.
    Alfred Violet, arson, committed by Gulgong Bench
    John Duncan, Joseph Duncan, Frank Riley, Robbery under arms. Committed at Mudgee.
    Ellen Hogan, stealing from the person, committed by Gulgong Bench.
    Frederick Poole, forging bank notes, committed by Mudgee Bench.

ON BAIL

    James Mara, cattle-stealing, committed by Mudgee Bench.
    — Creek, unnatural offence, committed by Gulgong
    Thomas Belcher, indecent assault, committed by Gulgong
    William Leighton, cattle-stealing, committed by Rylestone Bench.

~ ~ ~ ~ ~

The Mudgee Independent, Thu 19 Apr 1877 2

CIRCUIT COURT.
———
FRIDAY, 13th APRIL, 1877.

THE Circuit Court was opened this morning, by his Honor Sir W Manning, who took his seat on the Bench at 10 o’clock. Mr WD Meares, PM, represented the Sheriff, Mr G Cheeke acted as Clerk of Arraigns, and Mr Williams (son of the Crown Solicitor) acted for him. Mr Edward Bennett handed in his commission to prosecute on behalf of the Crown. Mr David Buchanan was the only other barrister present. The attorneys in attendance were Messrs Clarke, Davison, Dunn, and CD Meares.

    On the whole of the names of the jury summoned being called, three jurymen applied to his Honor to be exempted on the ground of being efficient Volunteers.

    His Honor said they were exempt, but it was no credit to them to claim it.

    The proclamation made by her Majesty Queen Victoria, at Buckingham Palace, on the 9th June, 1860, for the promotion of piety and virtue, and suppression of vice and immorality, having been read,

MONDAY, APRIL 16.

    His Honor took his seat at 9 o’clock.

BEASTIALITY. [sic]

    Edward James Creek, a lad about 14 years of age, was indicted for having, on the 18th January last, made an attempt to commit an unnatural offence on a mare  between Denison Town and Gulgong. 

    The prisoner was defended by Mr D Buchanan instructed by Mr GM Dunn.

    The Crown Prosecutor opened the case briefly, after which the only witness for the Crown—Constable Michael Malone—was called, and he deposed to having seen the lad attempting to commit the abominable offence, the particulars of which we have deemed it prudent to withhold from our readers.

    Mr Buchanan objected to the evidence which he knew from the depositions was about to be given by the witness, holding that admissions made by the prisoner with reference to former crimes of that description could not be received as evidence.

    His Honor was of opinion that the evidence was admissable, [sic] as it referred to the present offence.

    On the evidence being elicited from the witness by the Crown Prosecutor, his Honor rescinded his former overruling of Mr Buchanan’s objection, and thought it better that as the present case was so cognate with the one cited in the authority, it was better that the evidence be not admitted.

    The constable was cross-examined at some length by Mr Buchanan, who succeeded in revealing facts of some importance to the defence of prisoner.

    Mr CJ Jones, editor of the Gulgong Argus,  was called, and testified to the good character of the lad, who had been in his employ up to the time of his departure for the Assizes.

    Mr A Hermes, of Mudgee, was also called, and his testimony to the character of the boy was entirely corroborative of that given by Mr Jones.

    Mr Buchanan delivered a very impressive address to the jury, charging them that the evidence of the apprehending constable was of a most defective and insufficient character, and stigmatising the conduct of that official as most debased and discreditable.

    His Honor carefully summed up, and laid the more salient points of the case before the jury, who, after a short deliberation, acquitted the prisoner, who was accordingly discharged.

 


1  The Mudgee Independent, Thu Apr 12 1877, p. 2. Emphasis added.

2  The Mudgee Independent, Thu Apr 19 1877, pp. 5, 6. Emphasis added.