The Maitland Daily Mercury, Tue 22 Sep 1896 1
MAITLAND CIRCUIT COURT.
(Before his Honor Acting Judge Rogers.)
The Maitland Circuit Court was opened this morning at ten o’clock at the Courthouse, East Maitland, before his Honor Acting Judge Rogers. Mr John Garland was Crown Prosecutor, and handed in his commission of appointment. Mr GF Scott, PM, acted as Deputy-Sheriff. The barristers present were Walter Edmunds, R Windeyer, PR Waddy, AR Watt, and the solicitors, RGD FitzGerald, Thos Cronin, FAS Bowden, TA Hill, AJ Prentice, JHF Waller, Frank Murphy, and WJ Enright.
Edmund Hogan, 17 years of age, on bail, appeared to answer an indictment that he did, on the 18th of June, 1896, at Wybong Creek, commit an unnatural offence [bestiality on a cow]. Prisoner pleaded guilty.
The Crown Prosecutor said in this case the police had made enquiries, and up to the date of the offence accused was found to have borne an excellent character.
Mr FitzGerald, who appeared for prisoner, said acting on his advice, the prisoner had pleaded guilty. The Crown Prosecutor had very kindly allowed him to use certificates of character in the boy’s favour, and he asked his Honor to deal with prisoner under the First Offenders’ Act. He cited a case dealt with similarly by Judge Windeyer at Deniliquin some twelve months ago.
His Honor said he could not deal with prisoner in the way that Judge Windeyer did. He would require to have good sureties, and then would only liberate him after a period of probation. He asked prisoner’s father would he be willing to enter into a recognizance of £200.
The father having assented, his Honor, addressing prisoner, said he had read the depositions, and there was not doubt of his having committed the offence. If there was any repetition of the offence he would have to serve the sentence he would impose upon him. The sentence would be eighteen months’ hard labour in Maitland gaol, but he would arrest it in the execution by prisoner of a bond of £200 and one surety of £200, to be of good behaviour for 18 months.
The bond having been executed prisoner was released.
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Newcastle Morning Herald and Miners’ Advocate, Wed 23 Sep 1896 2
MAITLAND CIRCUIT COURT.
Tuesday, September 22.
(Before Acting-Justice Rogers.)
Mr GF Scott, Police Magistrate, filled the position of Deputy-Sheriff.
Mr J Garland prosecuted for the Crown.
The following legal gentlemen were present:—Messrs W Edmunds. PR Waddy, R Windeyer, and AR Watt. Solicitors: Messrs RGD Fitzgerald, T Cronin, FAS Bowden, TA Hill, AJ Prentice, WJ Enright, and JHF Waller.
Edmund Hogan surrendered to his bail in answer to a charge of having, at Wybong Creek, on 18th June, 1896, committed an abominable offence.
Accused pleaded guilty.
The Crown Prosecutor said the police had made inquiries about the prisoner, and ascertained that up to the time the offence was committed he had held an excellent character. His family also bore excellent characters.
Mr Fitzgerald, MP, appeared in the interest of the prisoner, who was, he said, 17 years of age. He had been brought up in the bush, and could not possibly have known the gravity of the offence. He (Mr Fitzgerald) hoped his Honor would agree with him that it would be damning to the young man’s life to send him to a long term imprisonment, and that he (his Honor) would hold with him that the youth might be liberated under the First Offenders’ Probation Act . Mr Fitzgerald intimated that at Deniliquin 12 months ago Mr Justice Windeyer liberated a prisoner under the First Offenders’ Act on a similar offence. The solicitor handed in written certificates as to character from Messrs FS Bell (of Pickering, Denman), RT Keys (of Bengalla), Benjamin Cowan, and James Phillips, both of Wybong.
His Honor said he was willing to liberate the prisoner under the First Offenders’ Probation Act, but he would have to find sureties for a considerable term.
The prisoner was sentenced to 18 months’ hard labour in Maitland Gaol, but his Honor ordered the sentence be arrested upon the prisoner entering into a recognizance of £200 and finding a surety for a similar amount, for his good behaviour for a term of 12 months.
1 The Maitland Daily Mercury, Tue 22 Sep 1896, p. 2.
2 Newcastle Morning Herald and Miners’ Advocate, Wed 23 Sep 1896, p. 6.