R. v. Littleton, 1842

[attempted murder – assault with intent to murder – probation party – transportation, probation party]

James Littleton was placed at the bar, charged with violently assaulting Henry Seyton, with intent to murder him, at the Broad Marsh Probation Station, on the 5th October; there was also another count in the indictment, charging the prisoner with cutting with intent to do some grievous bodily harm. The prisoner pleaded not guilty. Mr. Macdowell appeared for the defence.

The Attorney-General, in conducting the prosecution, after a few introductory remarks, relative to the nature of the crime of which the unfortunate man stood charged, called

Henry Seyton, who deposed as follows - I am a prisoner of the crown; was so on the fifth of October last; working in a probation party at Broad Marsh; I know the prisoner; I came home to my dinner about three o’clock on that day; I heard the prisoner had been fighting; I said, “he has not killed any one has he?” I thought by his “swaggering” that he could kill a man by the first blow; prisoner was then in the hut; he immediately rose up from the bed on which he was lying, and said, “that is the second time you have called me a murderer, I will give you time to say your prayers;” he then left the hut and took with him a stool and some shaving materials; he was barber to the prisoners at that station; on his (prisoner’s) return, he held an axe in one hand, and a stool in the other; I went into the next hut, and remained there about an hour and a half; I then went round the last hut for a natural purpose; whilst so doing I received a severe blow on the left side of my head; I looked round, and saw the prisoner; after the blow was struck, I ran crying murder; I swear it was Littleton, he was about two yards from me; the Superintendent’s house is thirty or forty yards from the spot; I saw the surgeon there; I quarrelled with Littleton nine or ten days previously; we fought at the time; I was best man.

Cross-examined. - In the fight I was not much marked, Littleton was; I gave in, Littleton did say in the hut, “if you do so again, I’ll not give you time to say your prayers;” I am on good terms with my fellow prisoners; there are several axes at the station; a man named Green was held accountable for the axe Littleton had in his hand. I did not fall on receiving the blow; I was not insensible; I can perfectly recollect what has passed since receiving the blow.

By the Attorney-General. - There was no other axe on the station similar to the one Littleton had in his hand; this one (produced) is the same.

By His Honor. - I had a leather cap, called “a commissary,” on my head at the time I was struck.

John Colley sworn. - I am a prisoner; I know Littleton; he was barber to the probation party at Broad Marsh; he was so on the fifth of October; I dined at three o’clock on the day; about an hour after I saw Seyton; I also saw Littleton; he shaved me, but very roughly; he then said it was hard for him to be taunted with the crime for which he was suffering; he was very uneasy; Seyton was a great part of the afternoon in the hut; I saw Littleton standing at No 2 doorway about five o’clock; he had an axe in his right hand, and over his right arm; it had a cherry-coloured handle. Seyton passed me, and turned the corner of the hut; prisoner followed him; when he (prisoner) had arrived at the corner of hut No.3, he struck at something with the axe; I could not see Seyton; the blow was struck round the corner; I heard a shout of murder; the voice was Seyton’s; a leather cap, called “a commissary,” was brought into the hut; I saw a large hole in it.

Cross-examined by Mr. Macdowell. - I was about four yards from Littleton when he raise the axe; I was much frightened; I believe prosecutor to be on good terms with James Blaney and a man named McKinlay.

Thomas Morris examined. - I was a prisoner at Broad Marsh on the fifth of October last; I know both Littleton and Seyton; they both messed in hut No 2; prosecutor was in my hut on that afternoon; prisoner was also there; Littleton said (Seyton not being present,) that he (Seyton) had called him a murderer and thief, but that “he would not have to call him so above another time;” prisoner had an axe in his hand after he left the hut; he lent it to me to cut some wood; I cannot swear whether or not there were any marks of blood on the edge of the axe; Littleton took the axe from me after I had chopped the wood; it was about three quarters of an hour after that I heard a cry of murder proceeding from the back part of the hut; I ran instantly; I saw Seyton running; I then saw the prisoner walking in the same direction as Seyton; he had an axe in his hand; he gave me the axe, saying, “take this axe away, I’ve done with it;” it was wet with blood; I gave it to a prisoner named George Richardson.

Patrick Tracey, Assistant Superintendent, sworn. - I am Assistant Superintendent at the Broad Marsh; between four and five o’clock in the afternoon of the 5th of October last I was sitting in my own quarters when I heard a cry of murder; on running out I saw prosecutor passing the door with a large cut on his hand; he said, “Oh! Mr. Tracey, Littleton has murdered me, Sir;” I saw prisoner soon after; he (prisoner) said, “Don’t be afraid of me, Sir, I can say nothing against you, it was I that did it, I am now satisfied;” Mr. Tucker took him into custody, saying at the same time, “You’re a murderer, a murderer, Sir,”

In his cross-examination by Mr. Macdowell, this witness said that he never was suspended, but had been removed from another station, without any imputation of misconduct.

James Hollis, Assistant Superintendent, was then sworn. - I know the prosecutor, Henry Seyton; I saw him on the 5th October last, with a cut on his head; I had heard cries of murder several times before; when I saw Seyton he was running; I saw Littleton almost immediately afterwards; I hand cuffed him; he said to me, “Don’t be alarmed, I have come to surrender myself;” I saw an axe four or five minutes after; it was bloody; Mr. Tucker was searching the prisoner’s pockets.

Mr. John Macdowell the Assistant Surgeon at the Board Marsh Station, gave evidence as to the nature of the wound inflicted on the prosecutor’s head; the skull was fractured, but without laceration of the brain; the wound was twelve inches in circumference, and the piece of scalp was only held on by an inch of the integuments; such a wound would be likely to cause death.

James Tucker examined. - I apprehended the prisoner Littleton at the Broad Marsh on the 5th of October last; he said, “You need not hold me, for I’ve been several times called a b-----y murderer, and for those words I’ve done the deed.”

Mr. Macdowell then rose on behalf of his client, and said that he would not detain the jury any length of time, as there was not one iota of evidence brought forward by the Crown to show that the unfortunate prisoner at the bar was really the person who committed the violent assault on the prosecutor, as set forth in the indictment. He allowed that the evidence was not in favour of his client, but he would request the jury (in fact, he was convinced that such would be the case,) to take the whole evidence that had been delivered to them in the course of the day into their most serious consideration, and he rested confident that if, after so doing, they felt any doubt as to the guilt of the prisoner, they would deliver a verdict in his favour. The learned gentleman proceeded to scan the evidence for the prosecution in a very able manner, and after commenting on the discrepancy in the evidence of some of the principal witnesses, left the case in the hands of the jury, who, he felt assured, would deliver a just and impartial verdict.

His Honor the Chief Justice summed up the case with the minutest care, directing the attention of the jury - through the evidence in general, and more particularly that part of it which had been touched by the learned counsel - to the balance of the justice. His Honor required that, in the event of the verdict being against the prisoner, it should be stated whether the jury were of opinion that the provocation had been renewed immediately before the blow was struck.

After a deliberation of about five minutes, the foreman delivered the verdict of Guilty on the first count; adding, that the jury were of opinion that no provocation had been given immediately before the perpetration of the deed.

His Honor then prefaced his condemnation to the capital punishment by a few remarks on the enormity of the crime which had placed Littleton where he then stood and which precluded the hope of respite.

Before leaving the dock, the prisoner said he was as innocent of the deed as any child at the mother’s breast, and that if was very hard for an innocent man to die. He did not blame the jury, as they had been guided by the evidence; but that evidence had been concocted from motives of spite. Having been beckoned from the dock, the culprit walked away in an attitude which bespoke a commingling of despair and bravado; and when led across the street to the gaol, he bounded up the steps with a sneer on his countenance.

James Littleton, was charged with maliciously cutting with intent to kill Henry Seton, both of them belonged to the probation party at the Broad Marsh. The only provocation given was, that Seton having heard that Littleton had been fighting with another of the gang, observed, “Littleton has not killed any one yet, I thought by his swaggering talk that he would kill a man at the first blow.” Littleton, who was laying on a bed, on hearing this jumped up and said, “Beware! This is the second time you have called me a murderer - I will give you time to say your prayers.” About two hours after this, Littleton having got an axe, came up behind Seton, where he was standing with his face to a wall, close to a corner, and from the other side of the corner Littleton struck him a blow with the axe. The wound was twelve inches in circumference and penetrated the bone. The prisoner was defended by Mr. Macdowell, who endeavoured to impress upon the Jury, the consequences of their verdict not only to the prisoner but to all the probation parties in the colony. The Chief Justice in charging the Jury, cautioned them against being influenced by such a consideration, it was their duty to find a verdict according to the evidence before them, with the result that might follow their verdict, neither the Court nor the Jury had anything to do. It would be a most mischievous doctrine to allow their minds to be influenced by any such consideration. Verdict guilty, sentence death, without any hope of reprieve.

[1] See also Hobart Town Advertiser, 13 December 1842.

According to AOT SC41/5, Littleton was charged with ‘cutting and maiming’ Henry Seton with intent.