[assault, criminal – worker, improper treatment of]

R. v. Blake

Supreme Court of Van Diemen’s Land

Montagu J., 3 January 1842

Source: The Cornwall Chronicle, 8 January 1842[1]

            Charles Blake was indicted for feloniously assaulting Patrick Walsh on the 23rd December, with intent to do him some grievous bodily harm; prisoner pleaded not guilty.

            Patrick Walsh sworn. - I am a publican, and reside at the Sand-hill. On the 23rd December prisoner was unloading some hay in my yard; I told him to be quick, and he returned me an insolent answer - he said he had worked for me before, and I was a bad man; I ordered him to come down off the cart, and he refused to obey; I then told him that I would make him get down; he said, if I attempted to do so, he would take the fork to me; I had the bullock whip in my hand, with which I made a blow at him; upon this he at once descended, when I again struck at him with the whip, perhaps three or four times, but missed him each time; I desired him to put the fork down, when all at once he thrust it forward and wounded me in the arm; he was in the act of retreating, when I received the wound. After stabbing me, he said he was only sorry that he had not succeeded in putting it into my b----- paunch; he had the fork in his hand when he descended from the cart; the prisoner was not a servant of mine.

            His Honor in summing up told Mr. Walsh, that it was he who should have been indicted for an assault; he first gave the provocation, and the prisoner in protecting himself with the fork, had only acted in self-defence. The case was rendered much worse, in consequence of Mr. Walsh possessing no legal authority for exacting the prisoner’s obedience; he was not his servant at the time, and under no circumstances would Mr. Walsh have been justifiable in acting as he had done. The jury, therefore, under His Honor’s direction, acquitted the prisoner.

Supreme Court of Van Diemen’s Land

Montagu J., 3 January 1842

Source: Launceston Advertiser, 6 January 1842

            Charles Blake was indicted for an assault upon Patrick Walsh, residing upon the Sand Hill.

            Prosecutor deposed that on the 25th December the prisoner was unloading some hay, and thinking that he was a long time about it, ordered him to be quicker; prisoner replied “he would not, he was a ------ bad mark.” Upon being desired to come down off the cart, prisoner made use of most abusive language, threatening to “put the fork through him.” Mr. Walsh stated that he made several attempts to strike the man with a bullock whip, but did not hit him; after he descended from the cart prosecutor again struck at him, but observing that the man was about to plunge the fork at him, retreated; whilst in the act of so doing, prisoner thrust the fork at him, which entered his right arm and inflicted a serious wound.

            His Honor after putting a few questions to Mr. Walsh relative to his having struck at the prisoner, expressed his opinion that there was no occasion to proceed with the case, as the assault could not be borne out. No man could stand such treatment, and he considered the master had acted in an exceedingly improper manner.

The prisoner here remarked that Mr. Walsh was not his master, which His Honor considered an aggravation of his misconduct.

The Attorney-General agreeing in opinion with His Honor that the assault could not be substantiated, the jury were directed to acquit the prisoner.

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