Rosa at a camp outside Maryborough (9 December 1867) [Event].pdf - Gilburri

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FRONTIER CONFLICT AND THE NATIVE MOUNTED POLICE IN QUEENSLAND Attack on Aboriginal people - Rosa at a camp outside… Location Label Attack on Aboriginal people - Rosa at a camp outside Maryborough (9 December 1867) Coordinate (152.690041, -25.547931) GDA94 Location type Aboriginal camp Town Pastoral district and/or region Wide Bay, Maryborough Location description "the south side of the River Mary, having heard a black had been shot; half a mile or so from the Victoria Ferry, in a black's camp" (Qld Times, Ipswich Herald and General Advertiser, 24 December 1867, p3). Location notes/issues General location on south side of Mary River mapped as don't know where the Victoria Ferry was in 1867 Event details Day and month of event 9 December Year of event 1867 Nature of event Attack on Aboriginal people Minimum number of people killed 1 Names of people killed and details Aboriginal woman called Rosa Perpetrators Other Named Perpetrator 1 John Fitzpatrick Cause/reason Boys claimed to be joking around and unaware the gun was loaded Description of event "POLICE COURT. Tuesday, December 13. (Before the Police Magistrate.) John Fitzpatrick appeared in custody, charged with the murder of Rosa, an aboriginal. An inquest on the body being about to be held, the case was adjourned until this day (Wednesday). " (Maryborough Chronicle, Wide Bay and Burnett Advertiser, 11 December 1867, p2). "SHOOTING OF A BLACK GIN AT MARY BOROUGH. At the Maryborough Police Court, on Wednesday, the 11th instant, before the Police Magistrate and Mr. A. H. Brown, John Fitzpatrick, aged twelve years, appeared in custody on remand, charged with shooting a female aboriginal. Mr. Barns appeared to watch the case for the prisoner. Richard R. Ware, called and sworn, stated : I am sergeant in the Maryborough police force; about 9 o'clock on the 9th December I went to the south side of the River Mary, having heard a black had been shot; half a mile or so from the Victoria Ferry, in a black's camp, I found the body of an aboriginal female; on examining it I found a gunshot wound on the left side in the region of the heart ; the body was quite warm; about twenty yards from the body was a pool of blood, and blood could be traced from where the body was lying; nding the gin was dead, I proceeded to the Maryborough Saw-mills, awoke a man who was sleeping in one of the buildings of the saw mills, and obtained a light; at the far end of the room prisoner was lying; called him and another boy out of bed, and took them to the door of the building, when a black boy that I had with me pointed to the prisoner; then told the prisoner I apprehended him on the charge of shooting a black gin; he replied, "Me! did you ever hear the like of that—no fear of me shooting her; there was plenty of other boys there besides me; I have got no gun, but Jimmy Meiklejohln has, and it lays between him and Jessop ;" I then handed the prisoner over to a constable; went to Mr. Meiklejoln's residence, and got the gun now produced from James Meiklejohn ; examined the gun and found that both barrels had been recently dis charged, and the left hand barrel had been re-loaded. By the Police Magistrate: It was a bright moon light night; a large number of blacks were collected. James Meiklejolhn, called and sworn, said: I reside at St. Mungo, on the river Mary, on the south side; know the prisoner; remember the 9th December; was asked if I would go to frighten the blacks that night; got a gun for myself and went; the gun produced is my property; met the prisoner and James and John Bartholomew; there was another lad, but only know him by the name of Bill; prisoner had a guns; believe it is the one now produced—a double barrelled gun; one of the Bartholomews had another; we then proceeded towards the blacks' camp, but separated before getting there; gave a cooey, which was answered, then red a shot in the air; heard other shots red; when the blacks were not frightened, knew there was some one there; then the prisoner, his brother, and John Bartholomew came up to me; believe prisoner had a double-barrelled gun in his hand; when we got to the blacks' camp we saw some white men there; we then asked the blacks to corroboree, but they did not seem willing to do so; we then proceeded homewards, visiting other groups on our way: we began teasing the gins by tapping them with sticks in play; prisoner then pointed his gun at one of them ; I said, " Don't aim at her, or point at her, ,lack," or words to that e ect ; could not say whether the prisoner heard me, as the blacks were making a noise; prisoner then asked his brother for a percussion cap, which he got; did not see him put it on; then saw prisoner point the gun towards the gin as she was walking away: prisoner followed her round a tree, and then red at her; she fell instantly ; when the smoke had cleared away, I saw a wound on the left side and said "Jack you have shot her," and Ihe replied, "No fear;" he began crying and asked me to go home with him; went a short distance with him, then went home. By the Police Magistrate: An appointment was made to go and frighten the blacks that evening; prisoner had no gun when he came to my house; James Bartholomew had a gun; Bill had no gun; prisoner had a pistol; prisoner took the gun from my brother ; he asked for it, and then took it away; the gun is kept hanging up in the house; it is a couple of months since I used the gun; since then I lent it to a person; can't say whether the gun has been used or not since it was returned; the person who returned the gun said one of the barrels was loaded, and he could not discharge it; I tried to discharge the gun about a month ago, but could not; can't say what size shot the gun was loaded with ; was present when my brother gave up the gun to the prisoner ; said out loud that one barrel was loaded; prisoner was standing about three or four yards from me with my brother when I said the gun was loaded; said this loud enough for prisoner to hear me had he not been talking to my brother; did not supply the prisoner with any ammunition; did not see the prisoner in possession of any ammunition ; his brothler carried powder and caps; did not see the prisoner load the gun; he might have done so and I not have seen him; we separated to make the blacks' think we surrounded them; was standing close to the prisoner when he rst pointed the gun at the gin; the distance from where the prisoner rst pointed the gun and ultimately red, was about four or ve yards ; did not see prisoner got the cap when he asked his brother for one. J. H. Ward, sworn, deposed: Am a duly quali ed medical practitioner; remember the 9th December; at a quarter to twelve p.m. on that day Sergeant Ware came to my house and reported to me that a black gin had been shot at the other side of the river, that she was dead, and wished me to see the body; I proceeded immediately to the spot and found a gin lying on the grass quite dead ; the arms and legs were drawn up; on the left side, between the seventh and ninth ribs, there was a gunshot wound ; the eighth rib was fractured; and portions of it driven into the lungs; the body was getting cold, and was removed to the dead house; on last Tuesday morning I made a post mortem examination; examined the heart and lungs, and found some large shot lodged in the heart; two slugs, some wadding, and portions of the fractured bone in the left lung; now produce the shot and slugs I found; have no doubt that death was caused by a gunshot wound. William Fitzpatrick, brother of the prisoner, was then sworn, and said: I remember Monday evening last; was with my brother and others near a blacks camp, close to Mr. Meiklejohn's; they were ring o powder, and then tapped the gins on the back; one of the gins stood up and began to run away, when my brother red a shot at her; saw her lying down; am quite positive my brother did not ask me for any thing. The prisoner was then committed to take his trial at the next Circuit Court to be holden in March next, on the charge of manslaughter. Bail allowed, himself in £100, and two sureties of £50 each. (As no bail was forthcoming the boy was forwarded to Brisbane gaol.)" (Qld Times, Ipswich Herald and General Advertiser, 24 December 1867, p3). "MANSLAUGHTER. John Fitzpatrick was indicted that he did, on the 9th December last, feloniously kill and slay one Rosa, an aboriginal female. Prisoner pleaded not guilty, and was undefended. The facts of the case have been already laid before our readers in our report of the magisterial inquiry in our issue of the 14th December last. Fitzpatrick, a youth of about thirteen years of age, went on the night of the 9th December, in company with several other youths, to frighten blacks camped near where they re sided, taking guns with them ; they red several times blank cartridge; prisoner had a double-barrelled gun, one barrel of which, loaded with shot and slug, had been attempted several times to be red, but it would not go o ; Fitzpatrick on this occasion placed a cap on the nipple, and pointing at a gin named Rosa; pulled the trigger, and the gun went o , and the gin was shot through, the heart and lungs dead. The gun did not belong to prisoner, but had been lent him, and there was no evidence to show that he knew that it was loaded. The Crown Prosecutor having brie y stated the case, and evidence having been taken, His Honor, in summing up; said he was bound to tell the jury that if the prisoner in an unlawful proceeding red the gun and shot the gin, whether he knew or did not know the gun was loaded he was equally guilty of man slaughter. The crime of manslaughter di ered greatly in its various phases, and therefore wide discretion was allowed to judges in apportioning the punishment in such cases. There were cases in which manslaughter was but little short of murder, and others where it was su ciently punished by a small ne. There was no direct evidence that prisoner knew the gun was loaded. The boys went out together to frighten the blacks, and then this foolish, and in the eye of the law, this criminal act, was committed — for to point an unloaded gun even was an assault in law. The boys ought all of them to have had a sound ogging. "He that spareth the rod spoileth the child." It was a wonder prisoner was not brained on the spot by the blackfellows present. The jury retired for a few minutes, and brought in a verdict of guilty, but that the shooting was accidental, and strongly recommended the prisoner to mercy. His Honor said he thoroughly agreed with the verdict. It was always a pleasure for him when he could fall in with the recommendations of the jury, and in this case he could. His Honor said the prisoner had already been upwards of three months incarcerated with the worst of criminals. He hoped it would be a warning to him not to point re arms at people, black or white, again, except in self defence. Prisoner would be sentenced to pay a ne of one shilling. The Court then adjourned until a quarter past two o'clock. " (Maryborough Chronicle, Wide Bay and Burnett Advertiser, 31 March 1868, p2). Associated NMP o cers Ware, Richard Rogers Other associated individuals Fitzpatrick, John Rosa Reference Contemporary reference (earliest source for event) Maryborough Chronicle, Wide Bay and Burnett Advertiser, 11 December 1867, p2 Date of rst reporting of event (earliest known date) 11 December 1867 Other sources (e.g. modern/secondary references) for the event Maryborough Chronicle, Wide Bay and Burnett Advertiser, 11 December 1867, p2 Brisbane Courier, 14 December 1867, p7 Maryborough Chronicle, Wide Bay and Burnett Advertiser, 14 December 1867, p2 Qld Times, Ipswich Herald and General Advertiser, 17 December 1867, p3 Qld Times, Ipswich Herald and General Advertiser, 24 December 1867, p3 Maryborough Chronicle, Wide Bay and Burnett Advertiser, 31 March 1868, p2 Documents 7 entries Title Text File Tools Brisbane Courier, 14 December 1867, p7 An aboriginal woman was shot last Monday night under circumstances peculiarly shocking. The particulars of the case are these. On Monday night about nine o'clock, ve lads, residing on the south side of the river, near the Maryborough saw-mills, left their houses with guns, as they said, to frighten the blacks, a large camp of whom were located in that neighborhood. On arriving at the camp they approached it from di erent sides, and red several times in the air, but the blacks took no notice of them, and they then entered the camp and tried to compel the blacks to corroboree. The blacks refused, and the lads then threatened to shoot them, but several white people who were also at the camp interfered, and the lads went o . On their way home they came up to a party of blacks camped a short distance from the rest, and there two or three of the boys commenced teasing one of the gins who was lying by the camp re, The gin got up, when one of the boys, named John Fitzpatrick, about twelve years of age, presented a double barrelled gun at her. The gin became alarmed, and ran behind a burning stump. Fitzpatrick asked his brother to give him a percussion cap ; his brother gave him the cap, and Fitzpatrick placed it on the nipple of the gun, and putting the muzzle close to the gin, red, shooting her through the apex of the heart and the lungs. It appears the gun had been loaded for some two months, with a charge of heavy shot and slugs, but whether the boy knew it or not has not yet come out. As soon as he saw what be had done he became frightened, and ran away. Sergeant Ware was promptly informed of the occurrence, and immediately, went to the place where the body lay, and subsequently apprehended the boy in a cottage on the premises of the Maryborough Sawmills. The body of the gin, after being examined by Dr. Title Text File Tools Ward, was brought over to the dead house, and yesterday morning a magisterial enquiry was held at the Melbourne Hotel. As, however, the case comes on for hearing this morning at the Police Court, when the case will be more fully gone into, the evidence taken at which we shall report, we do not publish the evidence taken at this inquest. Maryborough Chronicle, Wide Bay and Burnett POLICE COURT. Tuesday, December 13. Advertiser, 11 December 1867, p2 (Before the Police Magistrate.) John Fitzpatrick appeared in custody, charged with the murder of Rosa, an aboriginal. An inquest on the body being about to be held, the case was adjourned until this day (Wednesday). Maryborough Chronicle, Wide Bay and Burnett An aboriginal woman was shot last Monday Advertiser, 11 December 1867, p2 (2) night under circumstances peculiarly shocking. The particulars of the case are these. On Monday night about nine o'clock, ve lads, residing on the south side of the river, near the Maryborough saw-mills, left their houses with guns, as they said, to frighten the blacks, a large camp of whom were located in that neighborhood. On arriving at the camp they approached it from di erent sides, and red several times in the air, but the blacks took no notice of them, and they then entered the camp and tried to compel the blacks to corroboree. The blacks refused, and the lads then threatened to shoot them, but several white people who were also at the camp interfered, and the lads went o . On their way home they came up to a party of blacks camped a short distance from the rest, and there two or three of the boys commenced teazing [sic] one of the gins who was lying by the camp re, The gin got up, when one of the boys, named John Fitzpatrick, about twelve years of age, presented a double barrelled gun at her. The gin became alarmed, and ran behind a burning stump. Fitzpatrick asked his brother to give him a percussion cap ; his brother gave him the cap, and Fitzpatrick Title Text File Tools placed it on the nipple of the gun, and putting the muzzle close to the gin, red, shooting her through the apex of the heart and the lungs. It appears the gun had been loaded for some two months, with a charge of heavy shot and slugs, but whether the boy knew it or not has not yet come out. As soon as he saw what be had done he became frightened, and ran away. Sergeant Ware was promptly informed of the occurrence, and immediately, went to the place where the body lay, and subsequently apprehended the boy in a cottage on the premises of the Maryborough Sawmills. The body of the gin, after being examined by Dr. Ward, was brought over to the dead house, and yesterday morning a magisterial enquiry was held at the Melbourne Hotel. As, however, the case comes on for hearing this morning at the Police Court, when the case will be more fully gone into, the evidence taken at which we shall report, we do not publish the evidence taken at this inquest. Maryborough Chronicle, Wide Bay and Burnett John Fitzpatrick appeared in custody on Advertiser, 14 December 1867, p2 remand, charged with shooting a female aboriginal. Mr. Barns appeared to watch the case for the prisoner. Richard R. Ware called and swore, stated : I am sergeant in the Maryborough police force ; about nine o'clock on 9th December I went to the south side of the river Mary, having heard a black had been shot ; half a mile or so from the Victoria Ferry, in a black's camp, I found the body of an aboriginal female ; on examining it I found a gun-shot wound on the left side in the region of the heart ; the body was quite warm ; about twenty yards from the body was a pool of blood, and blood could be traced from where the body was lying ; nding the gin was dead, I proceeded to the Maryborough Saw Mills, awoke a man who was sleeping in one of the buildings of the saw mills, and obtained a light ; at the far end of the room the prisoner was lying ; called him and another lad out of bed Title Text File Tools and took them to the door of the building, when a black boy that I had with me pointed to the prisoner; then told the prisoner I apprehended him on the charge of shooting a black gin ; he replied, "Me ! did you ever hear the like of that — no fear of me shooting her ; there was plenty of other boys there besides me ; I have got no gun, but Jimmy Meiklejohn has, and it lays between him and Jessop;" I then handed the prisoner over to a constable ; made a slight search for the gun on the premises, but could not nd it ; then went to Mr. Meiklejohn's residence, about 200 yards from where I apprehended the prisoner, and got the gun now produced from James Meiklejohn ; examined the gun and found that both barrels had been recently discharged, and the left hand barrel had been re-loaded; went for Dr. Ward; was present when he examined the body; it was brought to the dead-house in Maryborough. By the Police Magistrate: It was a bright moonlight night ; a large number of the blacks were collected, but no Europeans present at the time ; the left barrel of the gun contained a small portion of gunpowder only; it was not capped ; apprehended the prisoner at the saw mills. By Mr. Brown : My motive for going to the saw- mills was the aboriginals camped there saw the person who red the shot run away and go into the house where I found prisoner ; do not know the name of the man I awoke at the saw- mills ; the boys could have access to the mills ; could have got in myself without waking the man but for the dogs. James Meiklejohn called and sworn, said: I reside at St. Mungo, on the river Mary, on the south side ; know the prisoner; remember the 9th December; was asked if I would go to frighten the blacks that night ; got a gun for myself and went ; the gun produced is my property ; met the prisoner and James and John Bartholomew ; there was another lad, but only know him by the name of Bill ; prisoner had a gun ; believe it is the one Title Text File Tools now produced — a double-barrelled gun ; one of the Bartholomews had another ; we then proceeded towards the blacks' camp, but separated before getting there ; gave a cooey, which was answered, then red a shot in the air ; heard other shots red ; when the blacks were not frightened, knew there was some one there ; then the prisoner, his brother, and John Bartholomew came up to me ; believe prisoner had a double-barrelled gun in his hand ; when we got to the blacks' camp we saw some white men there ; we then asked the blacks to corroboree, but they did not seem willing to do so; we then proceeded homewards, visiting other groups on our way ; we began teasing the gins by tapping them with sticks in play ; prisoner then pointed his gun at one of them ; I said "Don't aim at her, or point at her, Jack," or words to that e ect ; could not say whether the prisoner heard me, as the blacks were making a noise ; prisoner then asked his brother for a percussion cap, which he got ; did not see him put it on ; then saw prisoner point the gun towards the gin, as she was walking away; prisoner followed her round a tree, and then red at her ; she fell instantly ; when the smoke had cleared away, I saw a wound on the left aide and said "Jack, you have shot her," and he replied, "No fear;" he began crying and asked me to go home with him ; went a short distance with him, then went home; prisoner had the gun with him; got the gun produced from my sister; examined it and found one barrel loaded with powder and the other discharged ; gave the gun to Sergeant Ware some hours after ; don't know the gin. By the Police Magistrate : An appointment was made to go and frighten the blacks that evening ; prisoner had no gun when he came to my house ; James Bartholomew had a gun ; Bill had no gun ; prisoner had a pistol; prisoner took the gun from my brother; he asked for it, and then took it away ; the gun is kept hanging up in the house ; it is a couple of months since Title Text File Tools I used the gun ; since then I lent it to a person ; can't say whether the gun has been used or not since it was returned ;the person who returned the gun said one of the barrels was loaded, and he could not discharge it; I tried to discharge the gun about a month ago, but could not ; can't say what size shot the gun was loaded with ; was present when my brother gave up the gun to the prisoner ; said out loud that one barrel was loaded ; prisoner was standing about three or four yards from me with my brother, when I said the gun was loaded ; said this loud enough for prisoner to hear me had he not been talking to my brother; did not supply the prisoner with any ammunition ; did not see the prisoner in possession of any ammunition ; his brother carried powder and caps ; did not see the prisoner load the gun ; he might have done so and I not have seen him ; we separated to make the blacks think we surrounded them ; was standing close to the prisoner when he rst pointed the gun at the gin ; if he said anything to the gin I must have heard him ; the distance from where he rst pointed at the gin to the place she fell was about four or ve yards ; I remained on the spot, and did not proceed with prisoner to the place where he red the gun; when I ex claimed, "Jack, you have shot her!" I was still standing at the same place, and could see a wound in her side ; could see a wound at the distance of ve yards ; did not repeat to the prisoner at any time that the gun was loaded ; prisoner said nothing to the gin before he red; he made use of no threatening language to the gin or any of the blacks ; the reason I told the prisoner not to point the gun at the gin was because I knew it was dangerous to do so even with powder alone at the distance he was from her; did not order my sister to get the gun: the left barrel was loaded. By Mr. Brown : I could not say how many shots were red at the camp ; the distance from where the prisoner rst pointed Title Text File Tools the gun and ultimately red, was about four or ve yards ; did not see prisoner get the cap when he asked his brother for one. J. H. Ward, sworn, states : Am a duly quali ed medical practitioner; remember the 9th December; at a quarter to twelve p.m. on that day; Sergeant Ware came to my house and reported to me that a black gin had been shot at the other side of the river, that she was dead, and wished me to see the body : I proceeded immediately to the spot and found a gin lying on the grass quite dead ; the arms and legs were drawn up ; on the left side, between the seventh and ninth ribs, there was a gunshot wound ; the eighth rib was fractured, and portions of it driven into the lungs ; the body was getting cold, and was removed to the dead house ; on last Tuesday morning I made a post mortem examination ; examined the heart and lungs, and found some large shot lodged in the heart: two slugs, some wadding, and portions of the fractured bone in the left lung ; now produce the shot and slugs I found ; have no doubt that death was caused by a gunshot wound. By the Police Magistrate : I do not know the number of the shot ; death must have been instantaneous ; the size of the external wound was about three-quarters of an inch in diameter ; the deceased could not have been more than three yards away, judging from the extent of the wound and the foreign sub stance which I have described as found in the heart and lung, the shot not having scattered; don't think it possible for a powder cartridge, red at a distance of three yards, to have produced such a wound. William Fitzpatrick, brother of the prisoner, was then sworn, and said : I remember Monday evening last ; don't know the date ; was with my brother and others near a blacks' camp, close to Mr. Meiklejohn's; they were ring o powder, and then tapped the gins on the back ; one of the gins stood up and began to run away, when my brother red a shot at her; saw her lying down ; am quite Title Text File Tools positive my brother did not ask me for anything. Sergeant Ware recalled : When I got the gun I examined both barrels; the left-hand barrel was loaded with blank cartridge; there was no cap on the nipple ; the deceased gin was known by the name of Rosa. The prisoner was then committed to take his trial at the next Circuit Court to be holden in March next, on the charge of manslaughter. Bail allowed, himself in £100, and two sureties of £50 each. Maryborough Chronicle, Wide Bay and Burnett MANSLAUGHTER. John Fitzpatrick was indicted Advertiser, 31 March 1868, p2 that he did, on the 9th December last, feloniously kill and slay one Rosa, an aboriginal female. Prisoner pleaded not guilty, and was undefended. The facts of the case have been already laid before our readers in our report of the magisterial inquiry in our issue of the 14th December last. Fitzpatrick, a youth of about thirteen years of age, went on the night of the 9th December, in company with several other youths, to frighten blacks camped near where they re sided, taking guns with them ; they red several times blank cartridge; prisoner had a double-barrelled gun, one barrel of which, loaded with shot and slug, had been attempted several times to be red, but it would not go o ; Fitzpatrick on this occasion placed a cap on the nipple, and pointing at a gin named Rosa; pulled the trigger, and the gun went o , and the gin was shot through, the heart and lungs dead. The gun did not belong to prisoner, but had been lent him, and there was no evidence to show that he knew that it was loaded. The Crown Prosecutor having brie y stated the case, and evidence having been taken, His Honor, in summing up; said he was bound to tell the jury that if the prisoner in an unlawful proceeding red the gun and shot the gin, whether he knew or did not know the gun was loaded he was equally guilty of man slaughter. The crime of manslaughter di ered greatly in its various phases, and therefore wide discretion was Title Text File Tools allowed to judges in apportioning the punishment in such cases. There were cases in which manslaughter was but little short of murder, and others where it was su ciently punished by a small ne. There was no direct evidence that prisoner knew the gun was loaded. The boys went out together to frighten the blacks, and then this foolish, and in the eye of the law, this criminal act, was committed — for to point an unloaded gun even was an assault in law. The boys ought all of them to have had a sound ogging. "He that spareth the rod spoileth the child." It was a wonder prisoner was not brained on the spot by the blackfellows present. The jury retired for a few minutes, and brought in a verdict of guilty, but that the shooting was accidental, and strongly recommended the prisoner to mercy. His Honor said he thoroughly agreed with the verdict. It was always a pleasure for him when he could fall in with the recommendations of the jury, and in this case he could. His Honor said the prisoner had already been upwards of three months incarcerated with the worst of criminals. He hoped it would be a warning to him not to point re arms at people, black or white, again, except in self defence. Prisoner would be sentenced to pay a ne of one shilling. The Court then adjourned until a quarter past two o'clock. Title Text File Tools Queensland Times, Ipswich Herald and General An aboriginal woman was shot last Monday Advertiser, 17 December 1867, p3 night under circumstances peculiarly shocking. The particulars of the case are these. On Monday night about nine o'clock, ve lads, residing on the south side of the river, near the Maryborough saw-mills, left their houses with guns, as they said, to frighten the blacks, a large camp of whom were located in that neighbourhood. On arriving at the camp they approached it from di erent sides, and red several times into the air, but the blacks took no notice of them, and they then entered the camp and tried to compel the blacks to corroboree. The blacks refused, and the lads then threatened to shoot them, but several white people who were also at the camp interfered, and the lads went o . On their way home they came up to a party of blacks camped a short distance from the rest, and there two or three of the boys commenced teasing one of the gins who was lying by the camp re. The gin got up, when one of the boys, named John Fitzpatrick, about twelve years of age, presented a double barreled gun at her. The gin became alarmed, and ran behind a burning stump. Fitzpatrick asked his brother to give him a percussion cap; his brother gave him the cap, and Fitzpatrick placed it on the nipple of the gun, and putting the muzzle close to the gin, red, shooting her through the apex of the heart and the lungs. It appears the gun had been loaded for some two months, with a charge of heavy shot and slugs, but whether the boy knew it or not has not yet come out. As soon as he saw what he had done he became frightened, and ran away. Sergeant Ware was promptly informed of the occurrence, and immediately went to the place where the body lay, and subsequently apprehended the boy in a cottage on the premises of the Maryborough Saw-mills. — Maryborough Chronicle, December 11 Queensland Times, Ipswich Herald and General Title Text File Tools Advertiser, 24 December 1867, p3 SHOOTING OF A BLACK GIN AT MARYBOROUGH. At the Maryborough Police Court, on Wednesday, the 11th instant, before the Police Magistrate and Mr. A. H. Brown, John Fitzpatrick, aged twelve years, appeared in custody on remand, charged with shooting a female aboriginal. Mr. Barns appeared to watch the case for the prisoner. Richard R. Ware, called and sworn, stated : I am sergeant in the Maryborough police force; about 9 o'clock on the 9th December I went to the south side of the River Mary, having heard a black had been shot; half a mile or so from the Victoria Ferry, in a black's camp, I found the body of an aboriginal female; on examining it I found a gunshot wound on the left side in the region of the heart ; the body was quite warm; about twenty yards from the body was a pool of blood, and blood could be traced from where the body was lying; nding the gin was dead, I proceeded to the Maryborough Saw- mills, awoke a man who was sleeping in one of the buildings of the saw mills, and obtained a light; at the far end of the room prisoner was lying; called him and another boy out of bed, and took them to the door of the building, when a black boy that I had with me pointed to the prisoner; then told the prisoner I apprehended him on the charge of shooting a black gin; he replied, "Me! did you ever hear the like of that—no fear of me shooting her; there was plenty of other boys there besides me; I have got no gun, but Jimmy Meiklejohln has, and it lays between him and Jessop ;" I then handed the prisoner over to a constable; went to Mr. Meiklejoln's residence, and got the gun now produced from James Meiklejohn; examined the gun and found that both barrels had been recently dis charged, and the left hand barrel had been re-loaded. By the Police Magistrate: It was a bright moon light night; a large number of blacks were collected. James Meiklejolhn, called and sworn, said: I reside at St. Mungo, on the river Mary, on the south Title Text File Tools side; know the prisoner; remember the 9th December; was asked if I would go to frighten the blacks that night; got a gun for myself and went; the gun produced is my property; met the prisoner and James and John Bartholomew; there was another lad, but only know him by the name of Bill; prisoner had a guns; believe it is the one now produced—a double barrelled gun; one of the Bartholomews had another; we then proceeded towards the blacks' camp, but separated before getting there; gave a cooey, which was answered, then red a shot in the air; heard other shots red; when the blacks were not frightened, knew there was some one there; then the prisoner, his brother, and John Bartholomew came up to me; believe prisoner had a double-barrelled gun in his hand; when we got to the blacks' camp we saw some white men there; we then asked the blacks to corroboree, but they did not seem willing to do so; we then proceeded homewards, visiting other groups on our way: we began teasing the gins by tapping them with sticks in play; prisoner then pointed his gun at one of them; I said, " Don't aim at her, or point at her, ,lack," or words to that e ect ; could not say whether the prisoner heard me, as the blacks were making a noise; prisoner then asked his brother for a percussion cap, which he got; did not see him put it on; then saw prisoner point the gun towards the gin as she was walking away: prisoner followed her round a tree, and then red at her; she fell instantly; when the smoke had cleared away, I saw a wound on the left side and said "Jack you have shot her," and he replied, "No fear;" he began crying and asked me to go home with him; went a short distance with him, then went home. By the Police Magistrate: An appointment was made to go and frighten the blacks that evening; prisoner had no gun when he came to my house; James Bartholomew had a gun; Bill had no gun; prisoner had a pistol; prisoner took the Title Text File Tools gun from my brother; he asked for it, and then took it away; the gun is kept hanging up in the house; it is a couple of months since I used the gun; since then I lent it to a person; can't say whether the gun has been used or not since it was returned; the person who returned the gun said one of the barrels was loaded, and he could not discharge it; I tried to discharge the gun about a month ago, but could not; can't say what size shot the gun was loaded with; was present when my brother gave up the gun to the prisoner; said out loud that one barrel was loaded; prisoner was standing about three or four yards from me with my brother when I said the gun was loaded; said this loud enough for prisoner to hear me had he not been talking to my brother; did not supply the prisoner with any ammunition; did not see the prisoner in possession of any ammunition ; his brothler carried powder and caps; did not see the prisoner load the gun; he might have done so and I not have seen him; we separated to make the blacks' think we surrounded them; was standing close to the prisoner when he rst pointed the gun at the gin; the distance from where the prisoner rst pointed the gun and ultimately red, was about four or ve yards; did not see prisoner got the cap when he asked his brother for one. J. H. Ward, sworn, deposed: Am a duly quali ed medical practitioner; remember the 9th December; at a quarter to twelve p.m. on that day Sergeant Ware came to my house and reported to me that a black gin had been shot at the other side of the river, that she was dead, and wished me to see the body; I proceeded immediately to the spot and found a gin lying on the grass quite dead ; the arms and legs were drawn up; on the left side, between the seventh and ninth ribs, there was a gunshot wound ; the eighth rib was fractured; and portions of it driven into the lungs; the body was getting cold, and was removed to the dead house; on last Tuesday morning I made a post mortem examination; Title Text File Tools examined the heart and lungs, and found some large shot lodged in the heart; two slugs, some wadding, and portions of the fractured bone in the left lung; now produce the shot and slugs I found; have no doubt that death was caused by a gunshot wound. William Fitzpatrick, brother of the prisoner, was then sworn, and said: I remember Monday evening last; was with my brother and others near a blacks camp, close to Mr. Meiklejohn's; they were ring o powder, and then tapped the gins on the back; one of the gins stood up and began to run away, when my brother red a shot at her; saw her lying down; am quite positive my brother did not ask me for any thing. The prisoner was then committed to take his trial at the next Circuit Court to beholden in March next, on the charge of manslaughter. Bail allowed, himself in £100, and two sureties of £50 each. (As no bail was forthcoming the boy was forwarded to Brisbane gaol.)