Depositions for John Oddey, 15 Apr 1830, Maitland Trial
In the Eleventh Year of the Reign of
Our Sovereign Lord George the Fourth,
by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
King, Defender of the Faith.
New South Wales
(TO WIT)– }
Be it Remembered, That Alexander Macduff Baxter, Esquire, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the fifteenth day of April in the year of Our Lord One thousand eight hundred and thirty at Maitland in the Colony aforesaid, informs the said Court that John Oddey [aka Oddy] late of Wallis Plains in the Colony aforesaid, Laborer on the twenty first day of September in the year of Our Lord One thousand eight hundred and twenty nine with force and arms at Wallis Plains aforesaid in the Colony aforesaid, with a certain Cow then and there being feloniously, wickedly, diabolically and against the order of nature had a venereal affair, and then and the feloniously, wickedly, diabolically and against the order of nature carnally knew the said Cow; and then and there feloniously, wickedly, diabolically and against the order of nature did commit and perpetrate that detestable and abominable crime of Buggery (not to be named amongst Christians) against the form of the Statute in such case made and provided, and against the peace of our said Lord the King his Crown and Dignity.
[Signed] Alex M Baxter, [AG].
~ ~ ~ ~ ~
[On the reverse of the above is the following]
The King against John Oddey
Witnesses: Benjamin Burrell, George Piggott
15th April 1830. John Oddey arraigned & pleaded Not Guilty Adjudged Not Guilty.
[Signed] George J Rogers.
TO WIT. }
John Oddey per Eliza – Life. assigned servant to J Reid Esquire charged with an unnatural offence and absenting himself.
Benj. Burrell (per Marquis Huntly) Being sworn states, I am an assigned servant to Mr Reid. On Monday evening last I left a cow in the paddock which I expected to calve. I went to see how she was, about seven o’clock the same evening. On coming to the rails I perceived a man near the milking shed. Thinking he was going to milk some of the cows I laid down on the watch for some minutes and saw a man bring a cow into the bail and tie her foot back, and after that he walked
out into the calves paddock, from one end of the building to the other. He then came in and got on the rails at the back of the cow. I went up silently and the man I had been watching (who proved to be the prisoner) I saw clearly having connection with the cow. I saw him draw his yard out of the cow, and on my upbraiding him with the act, he said nothing but put up his trowsers [sic] and walked to the barn. When I accused him before George Piggott of having had connection with the cow, Piggott remarked that he suspected this was not the first time as the prisoner had been
in the habit of going to the paddock in the evenings pretending that he was going after a log for the fire.
[Signed] Benj. (his X mark) Burrell.
Sworn before us this 25 Sept. 1824.
[Signed] Philip Aubin Esq JP, Supt. of Police [Signed] F[rancis] Allman, JP.
~ ~ ~ ~ ~
TO WIT. }
George Piggott (Countess of Harcourt, 7 yrs) Being sworn states I am an assigned servant to Mr Reid. On the evening of Monday last the 21 Sept Benj. Burrell came in to my hut with the prisoner. I asked the latter if he had brought the log. He seemed confused and made
no answer. When Burrell (?) asked (?) log. He has been having connection with a cow. Prisoner made no answer. I observed that he had been in the habit of going down there for logs. I went down to the paddock with Burrell to look at the cow when I came back to the hut the prisoner had concealed himself under the stack frame. I told him to come out or I would get the Master to fetch him out. He made no answer. I went for Mr Reid and on our return found the prisoner had absented himself. He was apprehended on the farm the following day.
[Signed] George (his X mark) Piggott.
Sworn before us this 25 Sept 1824.
[Signed] Philip Aubin Esq JP, Supt. of Police.
[Signed] F Allman, JP.
~ ~ ~ ~ ~
John Oddey per Eliza, Life. Committed to take his trial at the Supreme Court or Circuit Court at Wallis Plains or elsewhere (Sydney).
[Signed] P Aubin, Esq JP. and F Allman, JP.
~ ~ ~ ~ ~
Justice J Dowling's Notebook
The King v. John Oddey
Indicted for buggery in carnally knowing a cow at Wallis Plains on 21st Sep. 1829.
Benj. Burrell under a capital charge.
Benj. Burrell refuses to take the oath. I ordered him to be remanded. Not Guilty.
~ ~ ~ ~ ~
The Sydney Gazette and New South Wales Advertiser, Thu 6 May 1830
MAITLAND CIRCUIT COURT
List of prisoners tried at the adjourned Criminal Session of the Supreme Court holden at Maitland on the 15th of April 1830.
John Oddey was indicted for an unnatural crime at Wallis’ Plains, on the 21st of September, 1829.
The principal witness, who was a prisoner in gaol under a capital charge, refusing to give evidence, the Attorney General [Alexander Macduff Baxter] consented to the prisoner’s discharge.
1 SRNSW: NRS880, [SC T30], 30/93; SRNSW: NRS880, [CP T144], 4, Supreme Court, Papers and depositions, 1830. Emphasis added.
2 One of the definitions for ‘yard’ in, The Oxford Dictionary is: “6. A straight rod or bar used in various connections.” It’s assumed that in this period ‘yard’ was the colloquial for penis.
3 SRNSW: NRS5869, [2/3218], Judiciary, J Dowling, CJ. Notebooks Proceedings of the Supreme Court of NSW, 1828-44, p. 13. Emphasis added.
4 The Sydney Gazette and New South Wales Advertiser, Thu 6 May 1830, p. 3. Original emphasis.