Rectangle
uni-arms

Decisions of the Nineteenth Century Tasmanian Superior Courts

Published by the Division of Law, Macquarie University and the School of History and Classics, University of Tasmania

mulaw small

[murder, child – concealing birth - infanticide]

R. v. King

Supreme Court of Van Diemen’s Land, Oatlands

Pedder C.J., 31 March 1842

Source: Hobart Town Courier, 8 April 1842[1]

            Elizabeth King, a prisoner of the Crown, was next tried for the willful murder of her illegitimate female child.  This case which occupied the rest of the day, was ably set forth by the Attorney-General on the part of the Crown, and defended with the customary tact and talent of Mr. Macdowell, and ended in a conviction for concealing the birth only, owing to the usual uncertainty in the tests of the child being born alive, and of the particular means which accomplished its death.

Pedder C.J., 31 March and 1 April 1842

Source: Cornwall Chronicle, 9 April 1842

            Elizabeth King, charged with child murder, was found guilty of concealing the birth.  This trial lasted six hours; the prisoner was ably and gratuitously defended by E. Macdowell, Esq.

            Elizabeth King, who had been found guilty the previous day, was then brought up for sentence.  His Honor, the Chief Justice, after remarking upon the narrow escape she had of her life for the capital charge, and giving her a very suitable admonition, sentenced her to twelve months imprisonment, and should recommend hard labour. – Colonial Times, April 5.

Notes

[1]          According to AOT SC 41/5, p. 97, King was charged with the murder of her new-born infant child.  By order of the Colonial Secretary she was imprisoned in the Female House of Correction at Hobart Town for 12 months and kept in hard labour.