During Saturday 23rd April 1796 the Court of Criminal Jurisdiction heard a second buggery (bestiality) charge for the day against George Hyson. It was the court’s third case it tried that day and the details are as follows:
Court of Criminal Jurisdiction, Minutes of Sydney Proceedings, 23 Apr 1796 1
87
George Hyson, Labourer, was brought before the Court charged for that he not having the fear of God before his eyes but being moved & seduced by the Instigation of the Devil on the fourth Day of April in the Year of our Lord one thousand seven hundred and ninety six with Force and Arms at Sydney in the County of Cumberland in & upon one She Dog, then & there being, feloniously did make an Assault & then and there feloniously wickedly, diabolically & against the Order of Nature, had a Venereal affair with the said she dog & then & there carnally knew the said she Dog & then & there feloniously wickedly & diabolically & against the Order of nature, did commit & perpetrate that detestable & abominable Crime of Buggery (not to be named among Christians) to the great Displeasure of Almighty God, to the great scandal of all Human kind, against the Form of the Statute in such case made and provided, & against the Peace of Our Lord the King, his Crown and Dignity
The Prisoner on his Arraignment pleaded Not Guilty.
James (Ormond ? passim), Labourer, being sworn, deposed, that he lives with Mr (Devise ?), taking care of his goats – that he has known the prisoner about two years – That on the fourth of April, between the hours of twelve & one in the (?), as he was returning from Cockle Bay, whither he went for some (greens ? passim) on passing by a house which had been used as a stable, hearing a noise he looked in, & in one corner of the room he saw the prisoner upon his knees
88
with a (terrier ? passim) bitch – (& being ?) surprised, he walked from the (?) & returned again:– & saw him with the bitch – that he called to him, on which the prisoner said, you (?) you will not say I was having (connexions ?) with the bitch – he told him he should believe his own eyes. That he found the prisoner on his knees, with his trowsers down – that his private parts were close to the bitch’s – close to her backside – the prisoner was holding the bitch with his two hands – by the hinder legs – she was making a noise which drew his attention to the house – that when he looked in at the door, the prisoner was in a (?) with his side (at ?) him – that when he perceived him (the witness) he appeared much (flurried ?) & immediately buttoned up his trowsers.
That upon the Oath he has taken he found him with his private parts out, his trowsers down – & the bitch drawn close to him. That he told him if he had a gun, he would blow his brains out – that he then let the bitch go – He mentioned the affair to some people & to a Constable [Henry] Kable. That he had not been drinking that day – but was perfectly sober – That the door of the House was open, the prisoner not having secured himself in.
Q. from the Prisoner: Did you not see me in the path before you as you came up.
89
A: No I did not – I never saw you till I saw you in the house.
Q: Were there not other dogs in the same place, & did you not ask me if I was holding the bitch to be lined.
A: There were other dogs – 3 I believe.
Henry Kable (Constable) being sworn, deposed, that on the 6th day of April, the last witness told him he had caught the prisoner with a bitch – that in questioning him about, he told him he had caught him in the fact with a bitch in a house at Cockle’s Bay & that he does not know of any (?) or (slight ?) subsisting between the prisoner & the witness Ormond.
The Prisoner in his Defence says that being accustomed to go to Cockle’s Bay for wood, as he was returning, he had occasion to (ease ?) him, & seeing the witness Ormond coming along, with greens, he turned into this house to ease himself privately – that he had a small terrier bitch which followed him in & some other dogs, & he was playing with the bitch, when the witness came – that he asked him if he was holding the bitch to be lined – that he told him yes. That being told he had been accused of this Ormond, he went to find him out– & spoke to (Peale ?) about it, who told him to go about his business – Ormond was a (?) & deceived (?) (?)
90
Not Guilty of the Crime of Buggery but Guilty of the Assault with an Intent to commit it.
To stand Three Times in the Pillory on three Provision Days – & to stand an hour each Time. To stand the first time on Saturday 30th Instant opposite the Provision Store at Sydney from nine to ten o’clock.
1 SRNSW: NRS2700, [5/1147B], Court of Criminal Jurisdiction, Minutes of proceedings, 1788-1815, pp. 87-90, R2391.