Depositions for John Anderson 12 April 1894 Tamworth trial 1
(a) Town. |
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transmitting Depositions |
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(b) Name in full of accused. |
in the case Regina v. (b) John Anderson |
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(c) Offence. |
(c) “Sodomy” |
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(d) Town. |
Police Office, (d) Bingara |
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8 March 1894 |
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Sir, |
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I have the honor, by direction of the Bench of Magistrates, |
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to transmit herewith the Depositions, and other documents in the |
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(e) Name of accused |
case of (e) John Anderson |
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(f) “His” or “her” |
who has been committed to take (f) his |
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(g) “Circuit Court,” or |
trial at the (g) Circuit Court |
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to be held at (h) Tamworth |
on Wednesday |
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(h) Town where Court |
the 11 day of April 1894. |
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The accused is (i) confined in the gaol at Tamworth. |
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(i) “Is confined in the |
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(k) As in Recognizance, both for Crown and defence, specifying also what witnesses gave evidence but were not bound over, with reason for omission. |
The Witnesses bound over are (k) Henry Drew, James Somerville, both Constables, William James Williams painter, John McKay carpenter, and John McIntosh and William Butts both labourers all of Bingara. (Recognizance now herewith) Gunther Nagel (Doctor) will be bound over and his recognizance forwarded as soon as taken.
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(l) Short description to enable identification. |
The Exhibits enclosed are (l) Plan of kitchen on paper. |
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I have the honor to be, |
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[Signed] Frank Potts, JP |
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Clerk of Petty Sessions |
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The Secretary, |
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Attorney General’s Department. |
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N.B.– When a Police Constable acts as Clerk of Petty Sessions, this letter should be signed by one of the Committing Magistrates |
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4g 201-90 |
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(M., 11 and 12 Vic., Cap. 42.)
Depositions of Witnesses.
TO WIT. }
The examination of Henry Drew of Bingara in the Colony of New South Wales, James Somerville, Gunther Nagel, William James Williams, John McKay, John McIntosh and William Butts of Bingara in the said Colony, taken on Wednesday this 7th day of March in the year of Our Lord one thousand eight hundred and 94 at Bingara in the Colony aforesaid, before the undersigned, [sic] of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of John Anderson who is charged this day before me for that he the said John Anderson on the 20 day of February at Bingara in the said Colony, did commit sodomy on the body of John McIntosh.
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21 February 1894
Before C Lawson Esq Police Magistrate – John Anderson charged with sodomy
Henry Drew on oath states: I’m a police constable and acting gaoler at Bingara. Last night, about 8.30, in company with Constable Somerville and accompanied by John McKay. We all three went to Mr McKay’s residence in Cunningham Street for the purpose of getting permission from Mr John McIntosh to hand his swag to John McKay. The swag I had then in the lockup.
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We three went into the kitchen of John McKay’s residence, which is a detached building. I then saw the prisoner John Anderson and John McIntosh in said kitchen from what I there saw I afterwards arrested John Anderson and charged him with committing sodomy on the body of John McIntosh. I now ask for a remand for eight days for purpose of obtaining further evidence and producing witnesses.
Taken and sworn before me at Bingara this twenty-first of February 1894.
[Signed] Corbett Lawson PM.
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John McIntosh on oath states: I am a labourer at present residing at Bingara. I know accused and have done so about six months. I drank and knocked about with him in Bingara. I know him from Goondiwindi and drank and knocked about with him there. We were last tried and acquitted yesterday on a charge of quarrelling after our acquittal. We knocked about drinking till about dark. I don’t remember going to any house. I remember police seeing us in some
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room. I don’t know how I got there, I don’t remember who took me there, I was too drunk; I don’t remember anything. I remember police awakening me. My trousers were then unbuttoned and pulled down a bit. I can’t account for them being down. They were buttoned up when I went to sleep, as far as I know, but when I awoke they were opened and hanging loose. I don’t remember being interfered with in any way. The doctor and police awoke me by pulling me. I don’t remember the doctor examining me. I feel a little sore about the
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fundament now. I did not feel it yesterday only doing so this morning. I cannot account for it in any way. Accused never had anything to do with me in any way. I never encouraged him and he never attempted to commit sodomy with my consent.
By Bench: We were never locked up in same cell by ourselves at Bingara. We were in gaol awaiting trial from eighteenth of November 1893.
[Signed] John McIntosh.
Taken and sworn before me at Bingara this twenty-first of February 1894.
[Signed] Corbett Lawson PM.
Remanded for eight days.
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Photo: Peter de Waal
Bingara Police Court, 28 February 1894. Before Thomas Connolly, John Anderson, sodomy.
Remanded for eight days for further evidence.
[Signed] Thomas Connolly JP.
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This deponent Henry Drew, acting gaoler at Bingara on oath saith as follows:– I am acting gaoler and reside at Bingara. The night of twentieth of February was a clear moonlit night, as Constable Somerville and John McKay and myself were walking across the allotment to Mr McKay’s kitchen. We could see the kitchen was lit up. There was a window nearest us. I produce a rough ground plan of the kitchen in question (Exhibit A). The window was open at the bottom, the bottom being up and the blind was hanging down the
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the [sic] full length of the window I could see the shadow of some person’s body moving up and down. The three of us went to the door of the kitchen. Mr McKay went to open it. It was evidently closed from the inside. He gave it a pretty hard push and it opened. I could hear a box sliding along the floor with the door. McKay went first into the room. Somerville and I went in together. When I got inside the accused was standing up alongside the bunk, endeavouring to button up the front of his trousers. His shirt was standing
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out between the fly. He then went from side of bunk to corner of room, marked with X on Exhibit A, turning his back to us. He turned round and said in a maudlin drunken voice, “Well Mr Drew. Well Mr Somerville.” He then went to fireplace and squatted on his haunches. At this time the room was well lit up by a pine fire on the hearth. On the bunk there was a man lying on his right side facing the window. His posterior was exposed and on the edge of the bunk. I got a candle lit. I examined his fundament. The man
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appeared to me to be dead drunk. I recognised him as John McIntosh. Constable Somerville drew my attention to the state of accused penus [sic–penis]. It was in a partly erect condition. It was wet and appeared very red. There was certain dry messy looking stuff on the foreskin of his penus and on looking at McIntosh’s fundament again on the hair there there appeared to be similar dry matter. I then sent Constable Somerville for Dr Nagel, the government medical man. I stayed in the kitchen myself. The accused was there the man McIntosh
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who never moved his person on the bunk and John McKay was in the room part of the time. Dr Nagel came with Somerville in about ten minutes. I asked him to examine the person and the accused and the posterior of John McIntosh and asked him to satisfy himself as to condition McIntosh was in. He did so and from what he told me I charged the accused in company with Constable Somerville with committing sodomy upon the body of John McIntosh. The accused said: “Sodomy? What is sodomy? Explain
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yourself.” I then explained that it was having unnatural connections with a male person. I then charged him a second time. He started crying and said: “No, no, I never done that!” I then arrested him and conveyed him to the lockup. Dr Nagel came to the lockup shortly afterwards and I there took possession of the two shirts prisoner was wearing which I now produce. I saw doctor Nagel make certain marks on one of the shirts and both have been in my possession ever since. On that occasion prisoner again asked me what he was charged with. I told him,
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and although evidently under the influence of drink he was perfectly coherent in his speech and appeared to understand his situation. When McKay, Somerville and myself were going across to the kitchen I saw the witness [William James] Williams standing by the rails close to the house. McIntosh was locked up later on that night for drunkenness. I known accused and witness McIntosh. They were both in my custody from November to twentieth of February awaiting trial. They were both acquitted. When I first saw McIntosh
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lying on the bunk his trousers were drawn down to back part of his knees and his shirt and coat were around half way up his back. In company with McKay I measured the size of the kitchen. It is 13 feet lengthways and 11 feet broad. The bunk is a fixture nailed onto the studding the bed is of battens 6 inches wide and stands 2 feel high and 6 feet 6 inches long.
To accused: “You had evidently been drinking: I did not see you in actual connection with McIntosh and did not see you draw your
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penus from his fundament.” I said the matters on your penus and McIntosh’s fundament appeared to me to be similar. Taken and sworn before me at Bingara this 7 March 1894.
[Signed] Henry Drew.
[Signed] Thomas Connolly JP.
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This deponent [Carl Dietrich] Gunther Nagel on his oath saith as follows:– I am a Medical practitioner and reside at Bingara and am Government Medical Doctor. Sometime ago I believe on twentieth February I was called urgently in the evening by Constable Somerville to accompany him to a house where he said an unnatural offence had been committed. I left with him almost immediately and on entering a kitchen or room he had led me to I noticed Constable Drew, the accused, a man named McKay in the room another
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man was lying on the bunk under the window with his posterior exposed. Constable Somerville also entered the room. Later on Sergeant McCabe arrived and also entered the room for a short time. Another man unknown to me, who seemed to have witnessed to a certain extent what had taken place in the room shortly before. At the request of Constable Drew I made an examination of the sexual organs of the accused, who at first slightly objected. On pressing the accused’s penus a gelatinous liquid appeared. The penus itself was very much congested
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and in a very slight degree erected. The praeputium was behind the glands [sic–glans] and there illegible in the muecus [sic–mucus] behind the glands [sic] I noticed a great deal of matter of a caseous color [sic] and consistence. On the inside of the lower front of the shirt of the accused I noticed a wet spot consisting of fluid of a like nature to the one I could express from the penus. At the request of Constable Drew I also examined the posterior of the man on the bunk, who had never moved, I thought, out of the position I had at
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first noticed him in on entering the room. The only thing noteworthy I found on that man was a milky looking glutinous semi-liquid which was distributed rather quite largely on the hairs between the buttocks, more particularly around the anus. After having examined this man I tested him whether he was asleep, and it was only with great difficulty that I could arouse him at all, when he behaved like a man suddenly aroused from deepest sleep. I asked him whether he felt any pains anywhere and as he did not answer I ancillary asked him whether he felt any pain
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at his posterior. With difficulties I could wake him. Barely understand my question. He just said: “No – left let me go to sleep. My head is bad. I’m so sick.” As soon as I let him alone he fell heavily down on the bunk and appeared to go to sleep immediately afterwards again. It was with the assistance of Constable Drew Somerville that I had helped McIntosh up. From what I heard from the various persons in the room in connection with the result of my examination, I told Constable Drew that I was satisfied that accused
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had at least attempted to have unnatural connection “per anum” with the other person on the bunk. The accused tho’ apparently having been drinking was quite rational. The other person was evidently fast asleep quite unconscious and deeply under the influence of intoxicants.
A short time afterwards I saw accused again at the gaol when Sergeant McCabe and Constable Drew were present. I and Constable Drew removed either one or two shirts from accused. I inspected the inside of one shirt – the one now produced and encircled with ink
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one spot still slightly wet, also another one that I believed had been caused through a similar agency to the one I had noticed at my first examination of the accused.
One or two days afterwards I examined the accused at the gaol and satisfied myself that he had no discharge of any kind from his penus. He pointed out to me some matter similar to the one described before as caseous behind the glands [sic] of his penus and I told him that that was only natural – accumulated there through neglect.
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He told me that surely he could not have committed what he had been charged with since he was very small and disfigured in those parts.
After I had pointed out to him that there was nothing in that contention of his he told me he did not remember anything. No doubt he might after some days, but at the present time his memory failed him altogether. I also tried to gain some information from him with regard to his sexual passion. From what he told me I was led to believe
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that such is not very strong in him.
It would be possible for a man evidently under the influence of liquor to the extent Mr McIntosh was, for another person to have unnatural connection with him, and he know nothing of it. The accused’s private parts are quite normal. I have failed to see anything abnormal. Accused has physical figure sufficient to exercise his sexual passions. There is nothing to show that his penus actually entered through the anus, but I am convinced that it has been in
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contact with the body of the other man in that neighbourhood.
To accused: “The matter on your penus and on Mr McIntosh’s body were the same.”
Taken and sworn before me at Bingara this 7 March 1894.
[Signed] Gunther Nagel and Thomas Connolly JP.
Reproduction: Peter de Waal
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This deponent, James Somerville, on his oath, saith as follows:– I am a police constable and reside at Bingara. On Tuesday night the twentieth of February last, I was on duty in Maitland street in company with Constable Drew. Between eight and nine o’clock we had conversation with a man named Jack McKay about swag, the property of a man named McIntosh, which was at the gaol, and for the purpose of obtaining permission from McIntosh to allow McKay to get the swag we all three went to Mr McKay’s
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place. A kitchen at rear of an empty house in Cunningham Street. It was a moonlit night.
As we got near to the place I could see the kitchen was well lit up. The plan produced (Exhibit A) is a ground plan of the place. A window is at the end of the building facing the direction we were going. I could see a shadow of something moving up and down at the window blind. The window was up and the blind down the full length of the window. I could also see a man named Williams on footpath near the house.
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We three went to door. McKay went to open it and had some difficulty in doing so. McKay went first in, Constable Drew and myself following almost together.
When I got inside I saw the accused hurriedly come from the side of the bunk and went into corner of the room which mark X in Exhibit A, with both hands in front of him. He then turned round towards us and said: “It is you Mr Drew, Mr Somerville!”, seeming a little dazed and excited. I could see the top button of his trousers was the only one buttoned. His shirt
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was out between the fly. He then sat down on his haunches before the fire and appeared to be fumbling with his trousers. My notice then turned to the man lying on his stomach or side in the bunk, head and shoulders right opposite the window, his trousers were down and posterior exposed. From what I observed I told accused to stand up. I undid his trousers, pulled his shirt up and examined his penus, which was partly in state of erection and wet with a white fluid and very red. I called Constable Drew’s attention to it
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and from what he saw and also from examining McIntosh, the man on the bunk, he instructed me to go for Dr Nagel. I returned with the doctor in about ten minutes. After the doctor’s examination of the accused and the man McIntosh, Constable Drew charged the accused Anderson of committing the crime of sodomy on the body of John McIntosh. The accused got excited and said: “Not me! Explain the charge.” Constable Drew again charged him with committing an unnatural offence on body of John McIntosh and
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explained what sodomy was. After Constable Drew’s explanation, accused said: “Not guilty!” Constable Drew then conveyed accused to the lockup.
That night, McIntosh was locked up for drunkenness: I saw the position McIntosh was in when I went for Dr Nagel. He had evidently not moved when I returned. Dr Nagel woke him up with some difficulty. He appeared to have awoke from a drunken sleep and was then drunk. There was a bright pine fire burning all this time.
To accused: “I did not see you in connection with McIntosh.”
Taken and sworn before me at Bingara this 7 March 1894.
[Signed] James Somerville.
[Signed] T Connolly, JP.
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This deponent, Henry Drew, recalled: On the morning of the twenty first of February in the lockup I asked accused if he knew with what offence he was charged. He said: “No. When I woke up in the cell I thought I was in for getting drunk. I don’t recollect a single thing that happened after I met Jack McKay last night.” I then charged him again. He made no reply. He was perfectly sober then. Taken and sworn before me at Bingara, this 7 March 1894.
[Signed] Henry Drew.
[Signed] T Connolly, JP.
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This deponent, William James Williams, on his oath, saith as follows:– I am a painter and reside at Bingara. On Tuesday twenty February in evening I went to Jack McKay’s residence to borrow a hammer and some nails. I went in to the kitchen, knocking first, the door was closed. No-one opened it for I opened it myself. There was a box and billy can behind the door, and tomahawk with sharp end stuck beneath the door. I pushed it open. I there saw accused in the kitchen lying on top of another man on the bed, as shown in Exhibit
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“A”. His trousers were down. The other man’s trousers were down over his knees and he was lying face downwards on the bunk. I said: “Is Jack McKay inside?” Accused said: “There’s no bloody Jack McKay here.” He was on top of the other man. He got off and came towards me with a tomahawk. I noticed his person and saw his penus leave McIntosh’s body as he got up off him. His penus was erected. I slammed the door. The tomahawk was behind the door when it was opened. I left the room, slamming the door behind me when he picked
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up the tomahawk.
The other man never moved a budge when accused got off him; his posterior was bare. I went to look for Jack McKay. I met a boy named William Butts who came with me to the kitchen. He looked through window, which was open, the curtain hanging down. I also looked in. Accused was then in same position, being on top of the man in the bunk, his body moving up and down. I saw the other man underneath him. Accused appeared to be having connection with the other man.
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I went again to the window a third time, alone. Accused was still in same position from first time I went and saw accused, so the third time was about twenty minutes. The room was well lit up. A good fire was burning. I could see clearly everything in the room. I remember Constable Somerville, Constable Drew and McKay come into the kitchen. I also came in some time after; the doctor was there then. Then the other man was wakened up. I then knew him to be McIntosh. He seemed to be very drunk. Accused seemed sober enough, but appeared to have been drinking, but not as drunk
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as McIntosh.
To accused: “I saw your face after you got up. You were lying flat on top of McIntosh”. I saw you draw your penus from McIntosh’s fundament. It was drawn from the actual passage.
I was only two or three yards away from you when I saw you the first time. The fire was very bright.
[Signed] W Williams.
Taken and sworn before me at Bingara 7 March 1984.
[Signed] T Connolly, JP.
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This deponent, John McKay, on his oath saith as follows:– I am a carpenter and reside at Bingara. I have seen accused by 20 February last, a Tuesday, in the evening. I took McIntosh to my house about between 7.30 and 8 pm. He told me he was going to work for George Maid. He was very drunk and could not walk without assistance. I knew he had been acquitted at the session that day. I told him he could stay there that night and have breakfast in the morning. I laid him on the bunk
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as shown on Exhibit “A”. I took his boots off. He was too drunk to do so. His clothing was all right when I left him. I left a good pine fire burning. I came down to gaol to look for Constable Drew and get McIntosh’s swag. I did not see you Constable Drew but went up street and met accused. He was drunk, but walked about himself. I saw him to myself house. I knew he was also acquitted at Sessions that morning and that he and McIntosh were mates. He asked me in the kitchen where was McIntosh. I said: “There he is, asleep
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on the bunk.” Accused saw him there. I told him I was going away, Accused asked how I fastened the door. I said: “there is no occasion to fasten it. I never do so myself.” I showed him how to fasten door with the tomahawk. I then left.
I met Constable Drew and Somerville outside Sindens Hotel. I asked Constable Drew to let me have McIntosh’s swag. I told Constable Drew where he, McIntosh, was. We three then came to my kitchen. I noticed a shadow on the blind as we approached the window.
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It seemed to be the form of a man and was moving up and down. I went to kitchen door and opened it. It was fastened from inside. I pushed hard to open it. I saw accused jump off the bed and from off the top of McIntosh with his trousers all unbuttoned and I saw his penus hanging out as he jumped off. It was then erected. He went behind the door and appeared to try to fasten up his trousers. He then went across to the fireplace.
McIntosh was lying partly on his right side on the bunk with his trousers drawn down
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to his shighs [sic–thighs]. His shirt and coat were tucked up his back and his posterior was bare. I saw Constable Drew looking at accused’s private parts and heard Constable Drew send for the doctor.
McIntosh did not move the whole time we were waiting for the doctor. I saw the doctor awake McIntosh. He seemed quite stupid from drink. I heard Constable Drew charge the accused. He answered as if he understood the charge. When I left accused and McIntosh together, McIntosh’s clothing was all right.
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To accused: “I did not see you draw your penus from McIntosh.”
[Signed] J McKay.
Taken and sworn before me at Bingara the 7 March 1894.
[Signed] T Connolly, JP.
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This Deponent, William Butts, on his oath saith as follows:– I am a labourer and reside at Bingara and am turned 16 years of age. On 20 February, a Tuesday, in the evening, I saw witness Williams near Anderson’s store and went over to Jack McKay’s kitchen with him. Going to the window which was up, with blind hanging down, the kitchen was lit up. I looked in, pulling blind on one side. I saw accused Anderson, seeing his face. I had seen him in the gaol when working for Mr Anderson there.
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I saw him on top of someone lying on them. I don’t know who the other man was. Anderson was moving up and down. I then came away.
I did not see Williams look through the window. He went around to the door. I did not see him look through the window at all. I left Williams at the kitchen and came away. I’m sure Anderson was on top of some person.
[Signed] William Butts.
Taken and sworn before me at Bingara the 7 March 1894.
[Signed] T Connolly, JP.
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N., 11 & 12 Vic., Cap. 42.)
Statement of the Accused.
New South Wales,
TO WIT. }
John Anderson stands charged before the undersigned, one of Her Majesty’s Justices of the Peace in and for the Colony aforesaid, this seventh day of March in the year of Our Lord One thousand eight hundred and 94 for that he, the said John Anderson on the twentieth day of February 1894 at Bingara, in the said Colony, did commit sodomy on the body of John McIntosh and the examinations of all the witnesses on the part of the prosecution having been completed, and the depositions taken against the accused having been caused to be read to him by me, the said Justice, (by/or) before whom such examination has been so completed; and I, the said Justice, having also stated to the accused and given him clearly to understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been holden out to him to induce him to make any admission or confession of his guilt, but that whatever he shall say may be given in evidence against him upon his trial, notwithstanding such promise or threat; and the said charge being read to the said John Anderson, and the witnesses for the prosecution Henry Drew, James Somerville, John McIntosh, William James, William John McKay, Gunther Nagel and William Butts being severally examined in his presence, the said John Anderson is now addressed by me as follows:– “Having heard the evidence, do you wish to say anything in answer to the charge? You are not obliged to say anything unless you desire to do so; but whatever you say will be taken down in writing, and may be given in evidence against you upon your trial;” whereupon the said John Anderson saith as follows:– “I don’t wish to say anything.”
Taken before me, at Bingara, in the said Colony, the day and year first above mentioned.
[Signed] Thos Connolly, JP.
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
New South Wales, Bingara
TO WIT. }
Be it remembered, that on the seventh day of March in the year of Our Lord one thousand eight hundred and eighty- 94 Henry Drew and James Somerville, Constables of the Police Force, at Bingara, John McIntosh, laborer [sic] of Bingara in the Colony of New South Wales, William James Williams, painter and John McKay of Bingara in the said Colony, carpenter and William Butts of Bingara in the said Colony, laborer personally came before the undersigned, one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe Our Sovereign Lady the Queen the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on their goods and chattels, lands and tenements, to the use of Our said Lady the Queen, Her Heirs and Successors, if they the said before-mentioned persons shall fail in the Condition indorsed.
[Signed] Henry Drew, James Somerville, John McIntosh, J Williams, William Butts, J McKay.
Taken and acknowledged, the day and year first above mentioned, at Bingara in the said Colony, before me,
[Signed] Thos Connolly, JP.
The Condition of the within-written Recognizance is such, that whereas John Anderson was this day charged before Thomas Connolly Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with Sodomy.
If therefore, they the before-mentioned persons shall appear at the next Circuit Court to be holden at Tamworth in and for the Colony of New South Wales, on the eleventh day of April next, at Nine of the clock in the forenoon, and then and there give such evidence as they know, upon an Information to be then and there preferred against the said John Anderson for the offence aforesaid, to the Jurors who shall pass upon the trial of the said John Anderson Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Thos Connolly, JP.
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REGINA
versus
John Anderson
Offence, –
The accused stands committed to take his trial at the next Court of Circuit Court to be holden at Tamworth on the 11th day of April 1894. Bail allowed the accused in £— each, or one in £— Not applied for.
[Signed] Thos Connolly, JP.
Dated at Bingara Police Office, this seventh day of March, AD 1894.
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(O. 1, 11 & 12 Vic., Cap. 42.)
Recognizance to give Evidence.
John Anderson, 1894. Photo: Peter de Waal
New South Wales, Bingara
TO WIT. }
Be it remembered, That on the eighth day of March in the year of Our Lord one thousand eight hundred and eighty- 94 a ----- of the Police Force, of ----- in the Colony of New South Wales, Gunther Nagel of Bingara in the said Colony, Medical practitioner and ----- of ----- in the said Colony, ----- personally came before the undersigned one of Her Majesty’s Justices of the Peace for the Colony of New South Wales, and acknowledged themselves to owe Our Sovereign Lady the Queen the sum of
FORTY POUNDS EACH,
of good and lawful money of Great Britain, to be made and levied on their goods and chattels, lands and tenements, to the use of Our said Lady the Queen, Her Heirs and Successors, if they the said before-mentioned personal shall fail in the Condition indorsed.
[Signed] Gunther Nagel.
Taken and acknowledged, the day and year first above mentioned, at Bingara in the said Colony, before me,
[Signed] Thos Connolly, JP.
The Condition of the within-written Recognizance is such, that whereas John Anderson was this day yesterday charged before Thos Connolly Esquire one of Her Majesty’s Justices of the Peace for the said Colony, with —
If therefore, they the before-mentioned persons shall appear at the next Circuit COURT of to be holden at Tamworth in and for the Colony of New South Wales, on the eleventh day of April next, at Nine of the clock in the forenoon, and then and there give such evidence as they know, upon an Information to be then and there preferred against the said John Anderson for the offence aforesaid, to the jurors who shall pass upon the trial of the said John Anderson Then the said Recognizance to be void, or else to stand in full force and virtue.
[Signed] Thos Connolly, JP.
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On the depositions’ cover sheet is the following]
Circuit Court.
Tamworth
11th April 1894
AG’s No. 90
Depositions.
CS’s No. 4
Regina v. John Anderson
Sodomy
Committed at: Bingara
on: 7th March 1894
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Sodomy 20th Feb at Bingara
Sec 59
[Initialled] CGH
17/3/94
Tamworth CC
12/4/94
Cor. Innes J. & jury
Verdict: Guilty of attempt to commit sodomy
[Signed] L Armstrong
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Justice JGL Innes’s Notebook 2
72
[Tamworth] Thursday – 12th April 1894
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Regina v. John Anderson |
Sodomy – John McIntosh at Bingara 20 February 1894 |
2nd (Charge ?) Indecently assaulting John McIntosh
Plea: Not Guilty – Undefended
(Arrest ?): opens with wonderful detail.
John McKay. – Carpenter living at Bingara – I know accused and one John McIntosh – On 20 February 1894 I saw McIntosh that day – I met him in the town he was very drunk – I took him home for safety – laid him in the bed in the kitchen of the cottage I rent – 13 x 11 – the bed was right in front of the fireplace under the window – a fine fire was burning – I sleep in that bed – This was between 7 & 7.30 pm, dark – I went out & looked for John Anderson (They had asked me if they could stop at my place that day – they were going to start looking for work next day – they had been tried & acquitted at QS that day – (?) & robbing) – I found him in the street walking along, he also was drunk, but not so drunk as McIntosh – he could walk without assistance.
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I took him home – put him in the kitchen – he said where is McIntosh? There in the bed asleep – I must leave you now, but I won’t be long – he said how can I fasten the door. I said there’s no need to fasten the door, I never do – I went to the Police Station, saw the Constables Drew & Somerville & with them went back to the kitchen. I saw a shadow on the blind by the light of the fire like a human being moving up & down – I found the door barricaded up with a box & tomahawk – as I entered, prisoner jumped off McIntosh – his trousers were down, his penis erected, McIntosh lying on his right side & stomach – his trousers down & his naked body exposed – Accused ran behind the door & tried to fasten his clothes – 3
They had not immediately followed me in but came in just afterwards when accused was behind – the other man lying as he had been left – he never moved,
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he was speechlessly drunk –
The Constable Drew said to accused what’s this? He said there’s McIntosh asleep – Drew sent (Somerville ?) for the Doctor – Drew & I – with accused & McIntosh remained – no more was said till the 4 Doctor came – (Nagel) – McIntosh remained in the same position all throughout (unconscious ?).
The Doctor came in & examined McIntosh & Anderson. A light was burning all the while – the candle I had lit – the Doctor said “something has occurred between these two men” – & then he left – Then Drew charged the prisoner with the offence – he replied “nonsense – I done nothing” – he seemed stupid –
McIntosh’s clothes were all right when he went or rather when I put him in the bed.
James Somerville. Constable at Bingara – on 20 February I went with Drew & the last witness to McKay’s cottage – about 8 pm – when we got in (there ?) the accused (came ?) from the bunk, he had
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his hands in front of him – he said is that you Drew & Somerville – yes – he went down & sat on his haunches by the fire – having his hands in front of him – all his trousers were open in front & his shirt (also ?) – & he appeared excited.
McIntosh was lying on his face – his clothes down – his backside bare & exposed – he was asleep – I said to accused – stand up – he did – then I (undid ?) his trousers & found his penis partly erected – had been a discharge – Drew saw it & sent me for Dr Nagel. In about 10 minutes we returned. Doctor examined the accused & McIntosh. Spoke to Drew - & Drew charged him with (sodomy ?) – not me – that is sodomy – (?) offence –
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not guilty – he seemed to understand – then he was arrested – he was slightly drunk – but knew what he was doing. I examined McIntosh – his fundament seemed wet – as if from a discharge – I saw Williams outside – as we approached the kitchen – & he followed us in before the Doctor came – & while he came.
William James Williams. Painter – Bingara – on 20 February I was near McKay’s kitchen a little before 8 – I had gone to (?) (?) (& nails ?) from McKay – The door was closed but only with a tomahawk – I entered – I saw prisoner on top of McIntosh – apparently having connexion with him unnaturally – I said where’s Mr McKay – no bloody Mr McKay here – He got up – made at me with the tomahawk – his person was exposed & the other man’s body exposed.
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I brought a man named Butts & the prisoner was again on top of McIntosh – I remained outside till McKay & the Constables came. I saw what they have said.
No (?) –
Carl Dietrich Gunther Nagel. – Legally qualified medical practitioner practising at Bingara – On 20 February 94 Somerville came for me between 8 & 9 – & I went with him to McKay’s cottage – Drew was there – McKay – the accused, & a man lying on the bunk – & Williams. I examined McIntosh – he was sound asleep – I cannot say that his anus had been penetrated – but he had evidently been assaulted – discharge – human sperm.
The prisoner had his private parts semi erected – they presented all the appearances of his having been engaged in sexual intercourse.
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John McIntosh. Doesn’t remember anything.
Prisoner says: he has no recollection of anything after meeting Mckay.
Verdict – Guilty of the attempt –
Sentence – Penal Servitude for 5 years.
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The Sydney Morning Herald, Fri 13 Apr 1894 5
CIRCUIT COURTS.
———◦———
(By Telegraph.)
(From Our Correspondents.)
———
…
Tamworth, Thursday.
At the Circuit Court to-day, before Mr Justice Innes, Patrick Kennedy, charged with stealing from a dwelling, was acquitted. John Anderson, for an offence at Bingara, was sentenced to five years.
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The Tamworth Observer and Northern Advertiser, Sat 14 April 1894 6
TAMWORTH CIRCUIT COURT
Before His Honor Justice JG Long-Innes
SECON DAY. – Thursday
…
ALLEGED UNNATURAL OFFENCE
John Anderson, a man well over middle age, was charged with committing an unnatural offence on a man named John Macintosh at Bingara on 20th February [1894].
Prisoner pleaded not guilty and was undefended.
The evidence, which is unfit for publication, was of a most revolting character. On the day it is alleged the offence occurred both prosecutor and prisoner were acquitted on a charge of garroting and prosecutor got intoxicated.
Prisoner, at the close of the Crown case stated that he knew nothing about the matter. He was knocking about Bingara and got drunk on the day in question and when he awoke in the lock-up next morning he thought he was confined on a charge of drunkenness.
His Honor briefly summed up to the jury and directed them not to find prisoner guilty of committing the offence with which he was charged as the doctor could not positively say whether the offence was committed. There was no doubt, however, that an indecent assault had been committed and it was competent for the jury to find prisoner guilty of this offence or an attempt to commit an unnatural offence.
The jury, without leaving the box, returned a verdict of guilty of an attempt to commit an unnatural offence.
His Honor commented strongly on the nature of the offence, and said that had prisoner been convicted on the more serious charge it was one which, until the present Act was passed, by which prisoner would have forfeited his life. Morally, prisoner was as guilty as if he had completed the offence, as there was no doubt as to his intention to do so. There were no extenuating or palliating circumstances in the case and the sentence of the Court was that prisoner be kept to penal servitude for a period of five years.
Prisoner, who never once looked up during the whole proceedings, was then removed.
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John Anderson, Gaol photo sheet 7
![SRNSW: NRS2138, [3/6056], Darlinghurst Gaol photographic description book, 1893-1894, No. 5917, p. 205, R5105.](../../images/trials/1894-Anderson-6056-gaol-photo-5917.jpg "SRNSW: NRS2138, [3/6056], Darlinghurst Gaol photographic description book, 1893-1894, No. 5917, p. 205, R5105.") |
Gaol Photo Sheet - Transcribed Details
No. of photo: 5917
No. 205
Date when Portrait was taken: 20 April 1894
Name: John Anderson
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Native place: Denmark Year of birth: 1842 Arrived Ship: Artemisia Trade or occupation Religion: Lutheran Education, degree of: R & W + 7 Height: 5' 6" Weight On committal: 156 Colour of hair: Brown to gray Colour of eyes: Blue Marks or special features: Short stubby fingers. Round scar outside left forearm. Round scar on back of head |
Where and when tried: Tamworth CC Offence: Attempted buggery Sentence: 5 years PS Remarks: |
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(No. of previous Portrait ... ) CONVICTIONS |
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| Where and When | Offence. | Sentence | |||
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Nil |
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1 SRNSW: NRS880, [9/6881], Supreme Court, Papers and depositions, Tamworth, 1894, No 82. Emphasis added.
2 SRNSW: NRS6227, [2/4674], Judiciary, JGL Innes, J. Notebooks Circuit Courts, 1882-95, pp. 72-8. Emphasis added.
3 Mn: I lit the candle just as the constables were coming in at the door
4 Mn: 15 minutes
5 The Sydney Morning Herald, Fri 13 Apr 1894, p. 6. Emphasis added.
6 The Tamworth Observer and Northern Advertiser, Sat 14 April 1894, p. 5.
7 SRNSW: NRS2138, [3/6056] , Darlinghurst Gaol photographic description book, 1893-1894, No. 5917, p. 205, R5105.