Depositions for James Dalton, 5 Feb 1835, Maitland Trial  ¹ 

In the fifth Year of the Reign of
Our Sovereign Lord William 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 John Kinchela, Esquire, Doctor of Laws, 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 second Day of February in the Year of Our Lord One Thousand Eight Hundred and Thirty five at Sydney, in the Colony aforesaid, informs the said Court, that James Dalton late of Maitland in the Colony aforesaid Labourer
on the fifth Day of January in the Year of Our Lord One Thousand Eight Hundred and Thirty- five with Force and Arms, at Maitland aforesaid in the Colony aforesaid, feloniously, wickedly and against the order of nature had a venereal affair with a certain Cow then and there being and then and there feloniously did carnally know the said Cow and then and there feloniously wickedly and against the order of nature with the said Cow did commit and perpetrated the abominable Crime of Buggery to the great displeasure of Almighty God to the great Scandal and disgrace of the human kind against the form of the Statute in such case made and provided and against the peace of our said Lord the King and His Crown and Dignity.
[Signed] John Kinchela, Attorney General.

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Witness’ allowance form, James Dalton, 7 Feb 1835

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[On reverse of the above is the following]

14 Buggery
In the Supreme Court
No. 1
The King against James Dalton
Information
Witnesses: Samuel Davis, John Rotton
[Initialled] JK [John Kinchela, AG]

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3rd February 1835
Plea not guilty

5th February 1835
Mr Justice Dowling and Circuit Jury verdict not guilty
[Signed] George Rogers

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Justice J Dowling's Notebook  ² 

58

Thursday 5th February 1835
The King v. James Dalton (Bond)
Bestiality with a cow at Maitland on 5th January 1835
Carter

    Samuel Davis Ticket man at Maitland. On the 5th January I was at the stockyard of Mr Pilchard’s farm in district

59

of Maitland. I went of a message about a dray. When I got between 3 or 4 rods [an imperial linear measure, of 5½ yards or 16½ feet, equals 5.0292 m.] of the stockyard I saw the prisoner with a dark brown cow in a bail with her leg tied & a small block behind her & the prisoner standing on the block with the flap of his trousers down. I saw him moving backwards against the cow’s behind. He was moving about a couple of minutes. When he got off the block he looked down at his private parts. He could not see me at the place where I saw him. I said “What are you at there.” He said “What’s that to you.”

    I then went to Pilchard’s overseer to ask him if he had done with the dray that Broughton lent him. There was nobody there but myself. I did not tell the overseer what I had

60

seen. I then came away by the stock yard again – & the prisoner said “Take no notice or else I’ll get into trouble.” – or some words to that effect. I went towards the lagoon & met the stock keeper coming with the remainder of (milking ?) cattle. I did not say anything to him, but went on to look after Master’s bullocks. When I returned (it to ?) I reported to Mr John Broughton. This was on Monday – & I was obliged to cut wood. I did not see his private parts. I saw him only moving back – No penetration.

Not Guilty
Remanded for the misdemeanour.

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The Sydney Monitor, Sat 7 Feb 1835  ³ 

SUPREME COURT, CRIMINAL SIDE.
————

…
    BEFORE Mr Justice Dowling, and a Jury.

    James Dalton, Maitland, was indited for an unnatural offence.—Not Guilty. The prisoner was remanded on a charge of assault.

 

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¹  SRNSW: NRS880, [SC T41] Information No. 14, Supreme Court, Papers and depositions, 1835.

²  SRNSW: NRS5869, [2/3289], Judiciary, J Dowling, CJ. Notebooks Proceedings of the Supreme Court of NSW, 1828-44, pp. 58-60. Emphasis added.

³  The Sydney Monitor, Sat 7 Feb 1835, p. 2.

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