[assault - convict service - Bridgewater]

R. v. Liddle

Supreme Court of Van Diemen's Land

Pedder C.J., 19 October 1832

Source: Tasmanian, 26 October 1832[1]

Henry Liddle was indicted for violently assaulting and striking James Burton on the head with an axe, with intent to do him some bodily harm, on the 2d October 1831.

The facts of the case were these. The prisoner was one of a gang working at Bridgewater in October last, and on the day stated in the indictment was employed along with others in the Black Forest; Burton was acting overseer, and while he was stooping down, in the act of lighting a fire, the prisoner struck him on the back of the head with an axe, producing two cuts, neither of which (fortunately) were of any magnitude. The surgeon who examined them stated they were only "superficial," this was accounted for by Barton having a thick skin cap on at the time of receiving the blow, the double band of which came in contact with the axe, and was cut through, and he having a great deal of hair on his head; he was however rendered insensible for a considerable time. The cause assigned for so barbarous an outrage was, as the prisoner stated, that Barton had that morning called him a convict b_____r. There was only one among a number of witnesses who proved having heard any such language used, namely, John Thomas, but in consequence of his gross prevarication from his original testimony before the Magistrate and that given on this trial, he was ordered into custody, and an indictment directed to be made out against him for perjury, not without being repeatedly and feelingly admonished by the Court. The prisoner was found guilty.

Notes

[1] AOT SC 41/2, p. 54 gives the name as Liddell. See also Hobart Town Courier, 26 October 1832: "John Liddle has been found guilty of stabbing with intent to kill".

According to the Tasmanian, 2 November 1832, Liddle was sentenced on 27 October 1832 to "Death, no hope of mercy".