[attempted murder, defence]

R. v. Edwards

Supreme Court of Van Diemen’s Land

Pedder C.J., 30 January 1840

Source: Hobart Town Advertiser, 31 January 1840[1]

            Robert Edwards was indicted for maliciously shooting at, with intent to murder, William King, or do him some grievous bodily harm.

Michael King, deposed. - He was flagellator at the township of Tria Buonna, on the 23rd Dec, where the prisoner was a constable; about one or two o’clock, King was standing at the constable’s hut, and saw the prisoner drunk and disorderly at the public house, when he went out and took him in charge, and locked him up in the hut. The prisoner broke the window with the butt of a piece he had in his hand, and was getting out; witness went to put him back, when he drew a knife, with which he stabbed witness in the shoulder; about an hour or so afterwards, he came out through the window with the knife in his hand, and told witness if he stopped him he would run him through with the knife again; prisoner went up to the public-house; witness followed, handcuffed, and brought him down, and put him in another hut; between eight and nine o’clock, prisoner endeavoured to get out of the window again, when witness thrust him back with the butt end of his firelock; he was about ten minutes inside, witness standing at the window, when a shot was fired from the hut, and took the butt end off the piece prisoner held, the prisoner saying, “how did you like that;” witness said “it’s gone;” prisoner said, “if that don’t do. I’ve another inside that might do;” the prisoner was very drunk.

The Chief Justice observed, that the arrest of the prisoner by the prosecutor was unauthorised by law, therefore the offence would not have amounted to murder if death had ensued; the prisoner was accordingly acquitted by direction of His Honor, who discharged him with a severe admonition, telling him there was not a doubt of his guilt, and that he owed his escape to a mere technicality.