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Decisions of the Superior Courts of New South Wales, 1788-1899

R v Hare [1836] NSWSupC 5

attempted murder - Bathurst - convict escape - convict discipline

Supreme Court of New South Wales

Forbes C.J., 10 February 1836

Source: Sydney Herald, 15 February 1836[ 1]


Wednesday. - Before the Chief Justice, and a Military Jury.

John Hare was indicted for assaulting W. S. Eirington, Esq. with a stone, with intent to kill and murder, or to do some grievous bodily harm, at Bathurst, on the 26th December last.

In this case, it appeared that the prisoner was an assigned servant to Major Elrington, and having been found guilty by the Bench of Magistrates of having twice absconded from his service, was sentenced to receive one hundred lashes.  On being conveyed to the place of punishment, the scourger was in the act of taking off his jacket, when the prisoner rushed upon him, threw him down, and then seized a large stone which he cast at the prosecutor, whose back was then turned, and struck him in the head.  The violence of the blow brought Major Elrington to the ground and inflicted a deep wound on his head, but before he could rise, the prisoner repeated the blow with another stone, swearing he would have the Major's life, and was not secured without considerable difficulty.  The prosecutor stated that he suffered severely from the wound on his head, and still felt the effect of the assault in a frequent sense of giddiness and nervousness.

The Jury found the prisoner guilty of an assault, with intent to do some grievous bodily harm. - Remanded.[2 ]



[1 ] See also Australian, 12 February 1836.

[ 2] Hare was sentenced to death: Sydney Herald, 25 February 1836; Australian, 23 February 1836; Sydney Gazette, 25 February 1836.  He was hanged on 4 March 1836: Australian, 8 March 1836.

Published by the Division of Law, Macquarie University