[child, sexual offence on – capital offence]

R. v. Ainsworth

Supreme Court of Van Diemen’s Land

Pedder C.J., 7 April 1842

Source: Launceston Courier, 11 April 1842 [1]

            Elijah Ainsworth was indicted for committing an unnatural offence upon the person of a young child, named Mary Jeffery.

            The prosecutrix, about five years old, gave her evidence with much clearness, and proved by many remarkable expressions, and coincidences the perpetration of the abominable offence for which prisoner was indicted. Other witnesses corroborated her statement, and so clearly was the case proved that it was utterly impossible to entertain a moment’s doubt of the prisoner’s guilt. The Jury after a short consultation, returned a verdict of guilty. We never recollect hearing a case wherein the majesty of truth and justice appeared in greater triumph; the simplicity of the child’s statement; her very manner and expressions, were sufficient to carry conviction with every word she uttered; and the various links were rivetted by such strong circumstantial evidence that all doubt was necessarily excluded.

            His Honor perfectly coincided in the verdict, and in passing sentence of death, was greatly agitated and affected; declaring to his God that he would not have believed such a case to be possible had he not heard the evidence. He entreated the prisoner to banish all hope of mercy, as no government in the world dare spare the life of such a monster. His Honor was quite at a loss for words to express his feelings, and passed sentence in the usual form, but his voice was frequently broken, and tears were rolling profusely down his cheeks.

The Attorney General was also obliged to have recourse to his pocket handkerchief, and attempted in vain to subdue his feelings. The tears would come.

The prisoner is about 18 years of age, and evinced no apparent anxiety or distress of mind until sentence had been passed, when he burst into tears, and left the dock protesting that he was innocent of the charge.

Notes