[convict, prefers death – attempted murder]

R. v. Martin (No. 1)

Supreme Court of Van Diemen’s Land

Pedder C.J., 29 January 1840

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

            John Martin was indicted for attempting to murder serjeant Newman by stabbing him in the neck. A second count charged the offence to have been committed with intent to do the said Newman some grievous bodily harm.

George Newman, a serjeant of the 51st regiment, deposed to being the sergeant of the guard on board the Tamar, brig, on the 7th of October; the vessel was proceeding to Port Arthur with prisoners, and it was the serjeant’s duty to examine the men as they came on board, to see their irons were all correct, and that they had nothing about them wherewith to effect their escape; he was examining the irons of the fifth or sixth man, when the prisoner Martin was called up out of the boat, who was no sooner on deck that he drove a knife into witness’s neck, saying, at the moment “I’ve that for you;” witness staggered, but did not fall, and on recovering himself, saw the prisoner pinioned by the Captain, (Willett); the prisoner threw the knife overboard, and was afterwards handcuffed; witness said, “what was your meaning for attempting to take my life?” he said, “I never saw you before, and I owe you no ill-will, but I wanted to take your life, for I’m tired of my own.” The wound was dressed in about twenty minutes; witness was incapacitated for duty for about eight days.

The above statement was fully corroborated by several witnesses, and the prisoner was accordingly found - Guilty.

Pedder C.J., 6 February 1840

Source: Hobart Town Advertiser, 7 February 1840[2]

            John Martin, for stabbing Serjeant Newman – Death, without hope of mercy.  The judge said that if such desperate ruffians as him were permitted to be at liberty or even to live, society could not exist.