[child, criminal defendant - manslaughter - child, convict]

R. v. Kinseala

Supreme Court of Van Diemen's Land

Pedder C.J., 26 October 1832

Source: Tasmanian, 2 November 1832[1]

Richard Kinseala, an interesting looking little boy apparently about 13 years of age, was placed at the bar, charged with manslaughter in discharging a loaded gun at Thomas Bradford, on the 6th September, and inflicting thereby mortal wounds, whereof the said Thomas Bradford languished and died on the same day.

It appeared that the prisoner and the deceased were assigned servants[2] to Mr. David Lord, at his farm at Richmond; that on the 6th September, the prisoner was sent down to the hut occupied by the deceased and others, for some eggs that there were two apartments therein, the deceased was cooking in the outside and the prisoner went into the inner apartment to get the eggs; that on opening a box in which they were kept, he observed the cock belonging to the lock of a gun, and which gun stood in a corner of the same apartment, that the prisoner with juvenile but fatal curiosity, having affixed the cock on the tumbler of the lock, brought the gun out to the kitchen or exterior apartment, and said to the deceased whose back was to the prisoner, "Now Thomas I’ll shoot you," to which the deceased replied, "fire away," on which prisoner pulled the trigger, and the unfortunate man received the contents below left shoulder; the prisoner immediately ran out and gave the alarm, saying he had shot Thomas; that a surgeon was instantly sent for, (Mr. Thomas of Richmond) on whose arrival he found the deceased lying on the ground, and the little boy standing beside him, and crying bitterly. On the surgeons arrival he exclaimed, "O! Sir, do all that you can to save his life, and do what you like with me;" it also appeared that the deceased and the prisoner were much attached to each other, and that in consequence of the grief and agony displayed by the latter, the deceased requested of him to be quiet, saying, "it was as much my fault as yours," To add to this lamentable circumstance it appeared on the surgeon intimating to the deceased, the near approach of his dissolution, he feelingly exclaimed, "O! so soon and I quite unprepared."

The Chief Justice having explained the case to the Jury, and recapitulated the evidence, they without leaving the box found a verdict of - Not Guilty.

His Honor on discharging the prisoner, expressed a hope that this would operate as a warning to him and others in future, against the incautious use of fire arms, in the handling of which he judiciously observed that too much precaution cannot be used.

Notes

[1] AOT SC 41/2, p. 56 gives the name of Kocsall.

[2] An assigned servant was a serving convict, assigned to work for a private master.