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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

[sheep killing]

R. v. Rolls

Supreme Court of Van Diemen’s Land

Pedder C.J., 4 April 1842

Source: Launceston Advertiser, 7 April 1842[1]

            George Rolls was indicted for feloniously killing on the 15th March last, one sheep of the value of 5s., the property of Samuel Bryan, Esq., with intent to steal the carcase thereof.

            During this case the Court was the scene of continued laughter and confusion, the prisoner was - or pretended to be - deaf, and the answers of the witnesses had to be shouted into his ear. His cunning or stupidity would not allow of his being circumscribed by the established rules of Court for which he seemed to entertain a most profound contempt; but as the evidence was repeated to him he indulged himself by commenting thereon, expressing his concurrence or dissention as the case might be, with unmoved gravity amidst the incessant laughter of the audience, in which his Honor, the Counsel, and the Jury, were frequently compelled to join.

            The case altogether was extremely confused and almost unintelligible. It appeared by the evidence of a Mrs. Blackstone, that she saw prisoner hang something upon some palings in the Westbury district, which she examined in the evening, and found to be a sheep-skin.

            Another witness deposed to discovering the prisoner on the road side, about four miles from this spot, with part of the carcass of a sheep near him, and the remainder a little way off. The brand on the skin found upon the palings was identified as being that of Samuel Bryan, Esq.

            This was the substance of the case for the Crown.

The prisoner in his defence said that a sheep had been lying upon the ground for about twenty-four hours in a dying state having been torn by dogs, and "that he killed it to save its life.”

            Verdict - Not Guilty.

Notes

[1]          See also Cornwall Chronicle, 9 April 1842.

            According to AOT SC 41/5, p. 99 Rolls was charged with stealing 15lbs of mutton.