[bushranging – attempted murder]

R. v. Jones

Supreme Court of Van Diemen’s Land

Montagu J., 23 March 1840

Source: Hobart Town Courier, 27 March 1840

            Robert Jones was next charged with shooting at John James Fenton, on the 14th November last, with intent to murder him. In the second count he was charged with shooting with intent to maim, and in a third count with intent to resist his lawful apprehension for a larceny.

            The prisoner who was an armed absconded offender, had committed an outrage in the house of Mr. Edols, at Hamilton, and after he had left there he met with one of Captain Fenton’s men, whom he told to keep off, as he (prisoner,) was a bushranger. This was communicated to Captain Fenton, who went in pursuit of him, and came suddenly upon him, as he was rounding a hill. Upon Captain Fenton’s calling out to him to surrender, the prisoner instantly discharged the gun at him, loaded with shot, some of which lodged in his military stock, and some in his forehead. His eye sight was also very much injured. The prisoner was soon after apprehended, and a gun and a pistol which were produced, taken from his. He was clearly identified and the jury found him guilty.

Montagu J., 16 May 1840

Source: Hobart Town Courier, 22 May 1840

            Sentence of death was ordered to be recorded against Robert Jones for shooting at Captain Fenton, and Richard Styles for cutting and maiming his overseer, his Honor at the same time telling them, that had not some doubts have been entertained by himself and the Chief Justice, that that sentence would have been passed; and that even now the Governor might think proper to carry it into execution, their cases were so extremely bad.

The Session then closed.