NMP - Kilkivan.pdf - Gilburri

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FRONTIER CONFLICT AND THE NATIVE MOUNTED POLICE IN QUEENSLAND Search results for 'Kilkivan' Map data ©2021 Imagery ©2021 NASA, TerraMetrics Associated individuals 2 entries Name Role/Status/Position Notes Tools McTaggart, Station owner A squatter in the Wide Bay district from 1848 (location John (grazier/squatter) unclear). He later took up Amamoor run, near Widgee Daniel Widgee, in 1857 (Moreton Bay Courier 15 August 1857, p2) (forfeited in 1862 for non-payment of rent) and Kilkivan. He went out with NMP in December 1850 when they were attacked by Aboriginal people. He was married by special license on the 28th February 1853 to Miss Jane E. Bloodsworth, O'Connell-street, Sydney. Palmer, Merchant/storekeeper;Member "Mr. Henry Palmer came out to Australia from Ireland in Henry of the Qld 1840, being then about 19 years of age. He went rst to Parliament;Publican/innkeeper Victoria, and followed pastoral pursuits, which led to his journeying to the Upper Burnett district in 1846. His connection with Maryborough, where he was destined to spend the remainder of his life, began in 1848. In that year he was travelling with sheep, accompanied by his brother (the late Mr. R. E. Palmer), proceeding from the south through Nanango, Kilkivan, and thence down the Name Role/Status/Position Notes Tools Mary (River. On this trip he met a small party led by the late Mr. E. T. Aldridge, and together they crossed the Mary River and landed at the spot now known as Baddow, where Mr. Aldridge subsequently built the rst white man's residence, the beginning of the Old Township and therefore of Maryborough as we know it to-day. The site of the city was then a dense mass of scrub and forest, and teemed with aborigines, who gave the early pioneers considerable trouble, and Mr Palmer himself had some exciting experiences with them. He gradually acquired important pastoral interests in the district and when the Government of New South Wales surveyed the town of Maryborough he was one of the largest purchasers of town allotments, many of which he retained possession of till his death. Some time in the fties he built the house, The Park, facing the river in Lower Kent street, in which he had resided ever since and in which he passed away yesterday. Meanwhile he saw the town growing up out of the bush and contributed greatly to its growth being a highly public-spirited man, and always willing to give of his best to public services of all kinds. He also entered the mercantile world, and greatly facilitated 'the trade of the town and district by erecting the old two- storied brick building at the corner of Wharf and March streets opposite the Grand Hotel, it being at the time and Ior some years afterwards the most imposing business premises in the town. When Maryborough was made a municipality in 1861 his fellow townsmen sought out Mr. Palmer and bestowed upon him the honour of being the rst Mayor of the town. He resigned the same year, but was re elected in 1864, and held the position till 1866. The les of the 'Chronicle' (which was established in 1860) bear abundant testimony of the public activities of Mr. Palmer in those days. He took a hand in every good public movement for the advancement of the town, and he was well advanced in years before he nally withdrew into the comparative seclusion which he had observed for some years past. In the eighties before the days of payment of members Mr. Palmer successfully contested the Maryborough seat in the Queensland Legislative Assembly, and was our member for several years. He might also fairly claim to have been the founder of the Maryborough General Hospital, beginning with the slab hut, which still stands in Ferry street, and he was largely Name Role/Status/Position Notes Tools instrumental in securing for the town not only the two- storey brick building, since pulled down, which for so many years did duty on the site of the military drilling grounds, but worked hard and successfully for the present ne institution in Walker street. He was a member of the Hospital Committee for something like 30 years and President most of the time, until his retirement, which took place shortly after the new Hospital was opened. At various times and for long periods he was a member of numerous other public bodies of the town. When the sugar industry started in this district Mr. Palmer invested largely therein and probably lost much money, but was also successful in some of his ventures in this direction, notably in the Bundaberg district, where he owned Sharon and other sugar properties. Amongst other business and residential buildings in the city he owned the handsome premises of Finney, Isles and Co. Probably no one in the town was a trustee of so many things as Mr. Palmer. In his younger days he was a very active supporter of the Church of England. and gave valuable assistance to the late Rev. Thomas Holme in the building of the present St. Paul's Church.' (Maryborough Chronicle, Wide Bay and Burnett Advertiser 20 July 1916, p5) See also https://www.parliament.qld.gov.au/members/former/bio? id=192904600. Documents 14 entries Title Text File Tools Brisbane Courier, 2 November 1875, p3 The second important case was that of William Indane, charged with the murder of Nelly, a black gin, at Kilkivan. Prisoner and most of the witnesses were employed at the Mount Coora mine, and the a air seems to have taken place on a Saturday night, apparently a pay night, when both whites and blacks were roaming about the little township, enjoying themselves after their fashion. That night, or rather on Sunday morning, at about one o'clock, one of the witnesses, named Craig, said that he saw Title Text File Tools prisoner seize hold of the black gin in front of his (Craig s) door. He held the gin, and according to Craig, kept dashing her down on the muddy ground (the weather was very wet and raining), demanding a note which she had stolen from him. The gin kept crying out for assistance, and denying having the note. Prisoner kept telling her he would have her life if she did not give it up. According to Craig this went on for about an hour and a half, Indane torturing the gin the whole time. Craig's wife con rmed her husband but on cross examination proved so confused and untrustworthy as to be a valueless witness. Two men, Giles and Rowe, came up to Craig's while all this was going on, and stayed with him till it was over. They gave their evidence apparently with reluctance, and stated that prisoner was only detaining the gin against her will, not ill-using her. Finally, Indane and the gin left, he being heard to say something to the e ect that he would give her to the sergeant. A short time afterwards Giles and Rowe started for home, and on their road came across Indane and the gin. One of them lit a match, the night was very dark, and saw the unhappy creature hanging over a fence by her knee- joints, her head almost to the ground, while Indane was resting his arm on her knee-caps, apparently keeping her there. One of the men remonstrated with him; he let go, and she fell to the ground. The poor creature got up, tried to run away, fell down; tried again to run, and fell again. Again at the remonstrance of witnesses, who told him she would die if left lying there, Indane helped them to take her towards the blacks' camp, and nally left her in charge of her own blackfellow, who appears to have been very drunk. This was at about three o'clock on a cold misty morning. At seven, Craig found poor Nelly's body lying on a piece of bark in a ruined kitchen behind his house. There was no medical examination for ve days, and until after burial, the doctor Title Text File Tools therefore could not say whether there were any marks or bruises; there was, however, no cut, nor broken bone in the body. Those who saw it after death did not detect any bruises, but the head and shoulders were covered with mud. The police constable swore to the existence of a trail between Craig's house and the fence, as if a human body had been dragged along it by the legs. Mr. Pring made an admirable speech for the defence. He maintained the theory that all Indane did was to arrest and detain the gin, and that he used no more violence than was necessary for the purpose. The hanging over the fence he explained as an attempt by prisoner to got the gin over the fence, as being the shortest road to reach a bedroom in the hotel where a policeman was sleeping. The result of the case, which lasted two days, was of course an acquittal. The evidence for the prosecution was certainly weak, but if it had been strong the result would have been exactly the same. You will not get a jury, at least in Maryborough, to bring in a verdict of murder for the killing of a black. Brisbane Courier, 4 February 1896, p7 …the undernamed members of the Police Force to be Inspectors of slaughter-houses and of cattle intended for slaughter at the places speci ed in connection with their respective names: —Constable C. Bateman, at Coen, in room of Constable J. Kenny, transferred ; Constable J.M. Brown, at Kilkivan, in room of Senior-constable J. Downie, transferred ; and Constable M. McCabe, at Bower Bird ; Constable J. M. Brown to be acting C.P.S., at Kilkivan, in room of Senior-constable J. Downie, transferred. Gympie Times and Mary River Mining Gazette, GYMPIE POLICE COURT. 12 August 1890, p3 [2] Thursday, August 7. (Before the P.M.) MURDER. Shannon Johnston, on remand, was brought up on a charge of murdering Tu Tu, an Title Text File Tools aboriginal. Sub-Inspector Galbraith conducted the prosecution, and Mr. Conwell appeared for the defence. Lucy, an aboriginal, having promised to speak the truth, deposed that on Saturday, the night or the races, James Bloomer, the accused, and Tom Condie came to the gunyah in Wickham's paddock where she, a gin named Kitty, and the deceased Tu Tu were camped, that accused tried to interfere with Kitty, that Tu Tu told him to clear out, that Johnston hit him on the head with a box, and Tu Tu hit Johnston in return with a nullah, and said "if you don't clear out I'll hit you with nulla- nulla." Johnston then picked up a stone, and threw it at Tu Tu at a distance of about four yards, hitting him on the left temple and felling him to the ground. Johnston then ran away, as also did Bloomer and Condie. Sergeant Bevan took Tu Tu to the Hospital, and he camped there. By and by he came out. On Wednesday morning, she thought Tu Tu got burnt ; she was camped on that day alongside Mrs. Bell's. Tu Tu lay by a little camp re. She went to the hospital and told the doctor Tu Tu got burnt. Mr. Wooster put Tu Tu in a cart and took him to the hospital. Tu Tu was not drunk when he got burnt. "Kitty" gave corroborative evidence, and from the body of the court identi ed Bloomer and Condie as having been with accused on the night of the alleged assault. Jim Ro, a half caste, deposed that accused, Bloomer, and Condie came to his camp on the Saturday night of the races, and asked "Where's the mary ?' He re-plied, "I don't know," They then went over to Tu Tu's camp. James Bloomer, horse trainer, living in Duke- street, examined by Sub-inspector Galbraith deposed : — I remember Saturday June 7, the day of the last races. I was in town that night with the prisoner and Tom Condie. We are mates — we associate with one another. I was with prisoner until half-past 11. Condie left us at the corner of Reef-street at about half past 11. Johnston and I separated there and I went Title Text File Tools to my home in Duke-street. I got in at the front door, which was locked ; the key was under the door ; my mother usually places the key under the door for me. It was not usual for me to be out late. I was not at the black's camp that night. I saw my mother when I got home ; she was in bed awake. She spoke to me. I was sober. I made a statement to you (the sub- Inspector) at your o ce and signed it. The statement was not correct. I was not on my oath there. Some of the statement was untrue. [Statement produced.] I sometimes write to the prisoner. The letter produced (exhibit B) is in my handwriting. At the time the statement was taken the sub-Inspector read out "my brother saw me when I got home." That was not true. I see that is not in the statement. I signed my name to the statement. You sent for me and asked me questions. I suppose I can tell you what I like until I am on my oath. The word "riebuck" in my letter means '"all right." I decline to say what this sentence means: — "I need not tell you to keep mum about the dish, as I know you will not put your-self away ; but smother it in a riebuck plotch and do not fetch it to Kilkivan." I decline to say what— "Dear Jock I was very glad to hear that you croplled on that dish, as I do not approve of — — — like them having it, as they would put you away in a minute" — means. I do not mean any thing by the sentence "I was also glad to hear that Jack Fox buried the whisky." I decline to say what "I gave him credit for it" — means. I am not aware that two, three, or four months ago there was a whisky robbery on Gympie. The case was then adjourned until half past 2 o'clock on the following day. On Friday the case was resumed, when the following evidence was taken : — Thomas Condie, blacksmith, working for John Boneham, Caledonian Hill, Gympie, deposed : —I know the accused Shannon Johnston, and Bloomer, the previous wit-ness ; they are friends of mine. I was with Johnston and Title Text File Tools Bloomer in Mary-street about half-past seven o'clock on Saturday, June 7. The contents of the statement produced, which I signed in the Sub- In-inspector's o ce, are true with the exception that it was about half-past seven or eight o'clock that I met Johnston and Bloomer, not half-past eight o'clock. I knocked about town until ten or half-past ten o'clock. When we parted for good it was about 25 or 30 minutes past 11 o'olock. Bloomer and I left accused at the junction of Reef and Channon- streets, and Bloomer left me at my house. I went through the hack way to bed. I have never been to the blacks' camp in Wickham's paddock. Graham, the baker, was awake when I got home. I don't know where he is now. Dr. Francis Bowe described the injuries from which Tu Tu was su ering when he was admitted to the hospital on June 8 : Tu Tu remained in the hospital about a couple of weeks ; he trephined him ; hernia of the brain afterwards set in ; the brain protruded ; no ts were observed; during the deceased's rst stay in the hospital. Tu Tu was re-admitted on July 26. Early the next morning he had a t ; it was caused in his opinion by hernia of the brain. When Tu Tu was re-admitted he su ered from severe burns of the legs. He died on July 30. He (witness) performed a post mortem on the body, in the presence of the P.M., Dr. Ryan; and Constable Beven. He examined the brain, and then saw that de-ceased had been su ering from hernia of the brain accompanied with some in ammatory softening of the substance ; the direct cause of the hernia, and consequent chronic in ammation would be the results following the injury he had received on the left temple ; the brain otherwise was healthy. They found that the portion of fractured skull that had been removed left an opening in the skull the size of an equilateral triangle, at the base two inches. On the legs were severe burns, which had caused sloughing of the skin. He Title Text File Tools considered that the causes of death were; First, the injuries to deceased's head ; second, hernia of the brain; third, ts ; fourth, the burns. He did not think Tu Tu would have lived had he not met with the burns ; he formed the opinion that he would not recover previous to the burns, A stone similar to the one produced could cause the injury to Tu Tu's head ; it would have to be used or thrown with considerable force. Cross Examined:— If Tu Tu fell heavily on it, it might cause the same injuries. The burns were su cient to cause death if he had had no injury to the head at all. He left the hospital without permission the rst time. He was out about ten days previous to his re-admission on July 26. Re-examined : —It would not be su cient to cause such a wound if a man fell from his height without additional force. Taking into consideration the situation of the wound, it was extremely improbable that it could be caused by a fall. After Tu Tu left the hospital he was treated as an out-door patient on one occasion. By the P. M. : — I consider that the black may have rolled into the re and received his burns by having a t ; the burns could have occasioned death. Death might have been caused by the burns in icted by two causes— by a shock to the system, in which case death could have taken place in a few days, and by general exhaustion. I con- sider that he died from the shock, but I don't place that on any post mortem appearances. Hannah Bell, wife of John Bell living in Pine street, deposed:— The blackgin Lucy, and the deceased Tu Tu, were camped close to my house. Last Saturday week I heard groaning and saw Tu Tu rolling on the ground ; I went to the spot and saw that he was burnt on the legs ; there was a heap of hot embers near him ; I had him removed to the hospital in a cart. Three days previously I noticed that he was unable to got about and was very ill. Lucy bears a good character and to my knowledge is employed by various ladies as a servant. Title Text File Tools Neither Tu Tu nor Lucy acted us a servant for me. William Wickham, publican, deposed : — Deceased Tu Tu was working for me, and Lucy, his gin, was also working for me sometimes in the house. I gave them permission to camp in the paddock. Emma Jane Low Jen deposed : — On Sun-day June 8, I noticed foot prints in my husband's garden next to W. Wickham's paddock ; they were bootmarks and came from the direction of the black's camp ; they were not in the garden on the previous Saturday evening ; they were not the footprints of my husband or children. The depositions taken in the previous case Regina v. Johnston, were here tendered, and the case for the prosecution closed. His Worship then adjourned the case until Saturday, when he formally committed accused for trial." (Gympie Times and Mary River Mining Gazette, 12 August 1890, p3) Maitland Mercury and Hunter River General THE NATIVE POLICE. To the Editors of the Advertiser, 8 February 1851, p4 Sydney Morning Herald. GENTLEMEN—So much having appeared in your paper regarding the murders and depredations committed in this district by the aborigines, perhaps the following statement may in a measure remove the prejudice that has for a length of time existed against it. The presence of the native police has already given a con dence which has not been hitherto felt : a detachment of that body, under the command of their indefatigable o cer, Lieut. Marshall, arrived at Gayndah, Burnett district, on the 23rd November, and received intelligence on the 25th of the murder of a shepherd and the loss of a ock of sheep at Mr. Ferriter's station. On the 26th, they started for Mr. F's, and went in pursuit of the natives ; on the 4th instant they came on a large body of them with 300 sheep in their possession ; they did not seem inclined to give them up, challenging the police "to come on," when they were red upon and dispersed, the Title Text File Tools police taking the sheep back to the station, after the blacks having had the possession of them for fourteen days. They reached "Kilkivan," in this district, on the 10th, and on the 12th intelligence was received by Mr. Marshall, through a friendly native, that a large number of blacks were gathering in the vicinity of Mr. Tooth's station. I accompanied the police for the purpose of identifying some of the murderers of two of my men. We came upon a small camp on the evening of the 14th ; the natives escaped into the scrub, leaving everything behind them ; at this time the smoke of another camp was visible about two miles o ; in the morning, when in the act of saddling, the blacks were heard shouting in the distance ; we had scarcely saddled when they came boldly on, fully armed, evidently having received intelli-gence of our being in the neighbourhood from those we had seen the evening previous. The blacks immediately attacked the police, and stood for a considerable time, when a running ght for upwards of an hour took place, the blacks disputing every inch of the ground obstinately, the police behaving with the most determined gallantry. Trooper Boney was wounded in the shoulder with a spear, and cut on the hand in two places with a nulla nulla ; however, his enemy did not escape him. This man's bravery and coolness would have done credit to a soldier of any nation. The blacks su ered severely, and consisted of the Widgee Widgee, Uhna Uhna, and Maryborough tribes. These three tribes combined, it is well known, have been concerned in every murder and depredation committed in this district ; large numbers of unshorn sheepskins were in their possession, which they were using as cloaks. They have been taught a lesson, which will show them their inferiority in war. Had the native police not arrived, the squatters in this district would have been obliged to vacate their stations before the end of this Bunya Title Text File Tools season. The duties of the native police are most arduous, and the squatters are unanimous in saying that the o cers are very ill paid for the hard and dangerous service in which they are employed. Surely, from the large funds paid by the squatters to government a considerable increase of salary might be a orded. Want of labour has hitherto been severely felt ; no amount of wages would tempt the working men to come to the district ; but it is to be hoped that the severe checks the blacks have received will restore con dence, and cause a ow of labour into the district bene cial to all parties. I may here mention that there is still a good deal of country unoccupied on the head of the Mary and its tributaries. —I am, gentlemen, your obedient servant, JOHN MURRAY. Walooga, Wide Bay, December 19. P.S.—Since the above was written, Lieutenant Fulford has joined Lieutenant Marshall in this district, after visiting the Lower Condamine, Dawson, and Burnett ; and from the well known zeal of these two o cers, and the ne body of men under their command, we all con dently anticipate peace and quietness for the future. J. M. Maryborough Chronicle, Wide Bay and Burnett Tiaro. June 25. An assault with intent to commit Advertiser, 26 June 1879, p2 a rape was committed on a respectable woman this morn ing by a blackfellow supposed to be Johnny Campbell, of Kilkivan notoriety. The a air took place four miles from Tiaro. The police are in pursuit. Title Text File Tools Maryborough Chronicle, Wide Bay and Burnett Mr. Sambo, alias Mr. Ferriter, fresh from Advertiser, 4 June 1870, p2 Brisbane Gaol, where your P.M. sent him when holding the same appointment at Gympie, having been dismissed from Her Majesty's boarding house, after, no doubt, perfecting his education, broke into Mr. Anston's (the surveyor) tent, and helped himself to £1 15s. and a revolver. His mate Billy, I suppose, got a wrinkle from Sambo, and broke open a chest belonging to the butcher, and took there from £3 10s. They both made tracks for this town bought a good rig-out and some shirts, not for- getting to get drunk and take a few bottles with them to the bush. The police, I am told, are on the lookout. It is reported among the blacks that Sambo sold the revolver to a white man or Chinaman. If so, the purchaser should be punished more severely than the darkey. Kilkivan, 25th May, 1870 Maryborough Chronicle, Wide Bay and Burnett CIRCUIT COURT. Advertiser, 9 September 1890, p3 Maryborough, September 8. CRIMINAL SITTINGS. (Before His Honor the Chief Justice, Sir Charles Lilley.) The Circuit Court was opened at 10 o'clock this morning, before His Honor, Chief Justice Sir Charles Lilley ... WOUNDING WITH INTENT. Shannon Johnston, alias Jock Johnston, was charged with feloniously and maliciously wounding Tu Tu, an aboriginal, with intent to do grievous bodily harm. The prisoner pleaded ' Not Guilty.' Mr. L. Lukin (barrister) instructed by Mr. Connell, solicitor, Gympie, appeared on behalf of the prisoner. Mr. T. J. Byrne (Crown Solicitor) pro-secuted on behalf of the Crown. The following jury were empanelled : — Joshua Neil, William Royle, Richard Atkinson, Reid Jackson, Neils Christian Jorgensen, William Barker, Christopher G. Grass, Thomas Ronston, William Abraham, John Park, Hans Jorgensen, Frederick Sprenger. The Crown-Prosecutor then addressed the Jury. William John Bevan, sworn, stated : Am a police constable stationed at Gym-pie ; remember 7th June last ; on 8th Title Text File Tools June proceeded over to the south side of the river to Wickham's paddock ; it is about a mile from Gympie ; went over to the blacks' camp and saw a blackfellow, Tu Tu, lying down with his head bandaged up ; he was about 25 years of age ; also saw his gin, Lucy, who handed me a stone [produced] ; noticed hair and a bit of skin on the stone ; noticed the blackfellow's head, and saw a large wound over the left eye ; conveyed the blackfellow to the hospital in a cart ; the same night I saw the prisoner and Con die In Mary street ; said " Is that you Johnson, come here, I want you" ; then arrested him on suspicion of assaulting Tu Tu ; he said, "I came from the races after dark, and never went out again" ; he was charged at the Police Court and allowed out on bail; re- arrested him by virtue of a warrant issued by the P.M. on 31st July, on a charge of wilful murder of the blackfellow Tu Tu on the night of the 7th June ; saw Tu Tu's body on the 31st July ; was present at the post-mortem examination ; that is the letter [produced] I found on the prisoner ; when at the gunyah I noticed a lot of stones similar to the one produced. By Mr. Lukin : Was never asked the question in reference to the hair on the stone when found ; Condie's master said Condle was in the shop ; on enquiries from the blacks they informed me there was a ght that night. By Crown Prosecutor : Condie himself told me he was in Mary street. Lucy, an aboriginal, was then called and stated that she had never heard of Jesus Christ or God. (His Honour in-formed her that if she told a lie he would send her to gaol). She gave her evidence as follows: — Tu Tu my husband ; he dead now ; remember the Gympie races on Saturday ; Kitty, Tu Tu and myself camped together in Wickam's paddock that night ; Darby camped in another camp a little way from us: Tu Tu was working for Wickham ; was working in the kitchen for Wickham too ; when sun go down me go to sleep; three white men come along camp in Title Text File Tools the night; (witness identi ed Thos. Condie, James Bloomer and the prisoner as the white men); Bloomer wake me up by pulling blanket ; Johnson wake Kitty up; then Johnson went to my old man Tu Tu and asked for Kitty ; Tu Tu say you clear out ; Tu Tu then took out nullah- nullah ; Johnson hit Tu Tu on the head with a piece of box ; Tu Tu hit Johnson on the back with nullah-nullah ; Tu Tu then say you clear out Johnson or I will hit you; Johnson then hit Tu Tu on the left side of tbe bead with a stone he picked up o the ground; kept the stone and gave it to Sergeant Bevan ; witness identi ed the stone ; after the stone hit Tu Tu he fell on the ground. The court here adjourned till 2 p.m. On the Court resuming Lucy continued her evidence as follows:— Me think TuTu dead ; Johnson run away, and other fellows run away too ; me go Sunday morning see policeman ; he came out and take 'im Tu Tu to hospital ; he come out hospital bye and bye ; he go back camp and got burnt longa re ; he taken back to hospital and die there; me know 'im Johnson longtime. By Mr. Lukin : Two blackfellow and one gin, and four more blackfellows and one gin, longa another camp been stop there that uight ; no corroboree that night; been at races that day; saw Condie, Bloomer, and Johnson (there that day ; TuTu little bit drunk at racecourse ; had a corroboree in afternoon before going to camp ; got tea from Wickham's hotel ; when me go to sleep all lights out at Wickhams ; me sleep long time ; about 3 o'clock that fellow wake me ; me no get up ; Jobnson called Tu Tu, and Kitty wake him ; me been lie longa camp after Johnson hit Tu Tu ; Johnson talk longa Kitty ; baal Kitty go with him ; know Jim Dalton (Dalton called and identi- ed) ; he has house close to black camp ; he can see my camp from his house ; been pick up stone and show it on Sunday morning. By Mr. Byrne : Me been see Johnson throw the stone. Kitty, aboriginal, having declared that she would go gaol if she told a lie ; said : Live at Title Text File Tools Gympie ; slept at Lucy's camp on night of races ; TuTu sleep there; my husband's name Charlie ; by and by Johnson wake me; he pulled my blanket ; and tell me about 8s.; me singout, wake Tu Tu ; Tu Tu get up ; Johnson hit him longa board ; Tu Tu get um nullah-nullah longa camp; run after Johnson ; Johnson pick up stone and hit Tu Tu longa head ; he fall down ; Condie and Bloomer were with Johnson (Condie and Bloomer called and identi ed) ; when Tu Tu fall all three white boys go longa bush. By Mr. Lukin : Lucy been tell me name of Condie and Bloomer after Police Court in Gympie ; no corroboree took place on Saturday afternoon. Jim Ro, half-caste, stated : Work at Cootharaba ; remember night of Gympie races ; camped with Tu Tu and Lucy that night ; camped about 10 yards away ; slept in a bit of a gunyah ; went to sleep ; three larrikins came to my camp ; prisoner was one ; they asked if any Marys were there ; said "I don't know" ; they went over to Lucy's camp ; she tried to drive them away ; they woke Tu Tu up ; he came to a camp alongside mine and got the nullah-nullah ; then he went back and hit one of the boys twice ; then I heard Lucy sing out "Oh ; then jumped up and saw the three larrikins run away. By Mr. Lukin : Am a stranger in Gympie ; saw the three boys for the rst time on that night ; did not go to the races;was not well that day ; there was a corroboree that night, and some of the blacks had a little drink ; had none my-self ; Lucy and Kitty told me nothing about this case ; know the prisoners Condie and Bloomer, because I saw them in the Court House ; there were about six blackfellows in camp that night, and they were all pretty well drunk and were making a noise. By Mr. Byrnes : Picked out the three boys from a crowd in the court. By Mr. Lukin : The boys were not singled out before I identi ed them. Francis Bowe, sworn, stated that he was surgeon of the Gympie Hospital ; Tu Tu was brought in and examined him; he was Title Text File Tools su ering from a wound of the scalp over the left temple about 2 inches long, and a fracture of the skull ; the covering of the brain was torn; thebrain itself was pressed upon by pieces of the skull ; he remained in the hospital from 8th June to 13th July; the wound was a dangerous wound and would have interfered with the health of Tu Tu ; per formed an operation ; trepanned the skull and removed portions of the brain ; he left the hospital without permission, but was re-admitted and died on the 30th July ; made post mortem examination ; on re-admission he was su ering from severe burns on both legs which were su cient to cause death ; (stone produced) a stone like that thrown with force would produce such a wound. By Mr. Lukin : A nullah-nullah might produce such a wound. By Mr. Byrnes: It was more probably caused by a stone. P. F Sellheim, sworn, stated: Am Police Magistrate at Gympie; prisoner was before me on two occasions; he was rst charged with unlawfully wounding one Tu Tu, an aboriginal, in June ; there were a great many people in the court when Jim Ro identi ed Condie and Bloomer amongst the crowd;Tu Tu gave evidence on that occasion ; was satis ed tbat he knew the penalties of telling a lie ; (depositions produced) these are his depositions; they were read over to him and signed by his cross and by me [de positions produced.] By Mr. Lukiu : Believe Tu Tu thoroughly understood what he was say-ing and that the evidence is practically correct; when the two boys were brought into court, tbey were before the rail before they went into the crowd behind ; Ro might have noticed them when they rst came in. Tu Tu's depositions were then read over. This concluded the case for the Crown. Mr. Lukiu asked if the Crown were not going to call Condie and Bloomer whose evidence was given at the Police Court to allow of cross- examination. Mr. Byrnes : Certainly not, the Title Text File Tools Crown is not bound to call them and His Honor had ruled so. His Honor said he had ruled it so and written it so. The Crown was only bound to have the witnesses in the hearing of the Court. Mr. Lukin could call them if be wished, but the Crown would then have the right of cross- examination. Mr. Lukin brie y addressed the jury, stating that the evidence had so far gone to show that the blacks had had a drunken row amongst themselves during which the injuries to Tu Tu were in icted. For the defeuce he called the following evidence:— James Bloomer, sworn, stated that he was a horse trainer; he lived in Gympie in June last; on 7th June there were races there ; met Condie and Johnston in Mary street ; Condie was not at the races on Saturday ; Lucy could not have seen him there; met Johnson that night about 7 o'clock aud Condie afterwards; never went near the blacks' camp tbat nignt ; Lucy and Kitty are not telling the truth wheu they state we were there that night; we separated at 11 o'clock that night, and all went towards our homes; got to bed about 12 o'clock ; my mother spoke to me ; did not get up again. By Mr. Byrnes: Don't know how old I am ; am native of Gympie; have been a jockey, and been amongst horses four or ve years ; have known Lucy about 18 mouths, and Kitty 7 or 8 years ; bave often been close to their camps with Johnson; never went for the gins; had to pass by often ; accused and I have grown up together ; he is younger than I am; went to school with him ; have written to him since I left Gymple (letter produced) ; that is my handwrit-ing (letter tendered and read.) As to tile words in that letter, "coroppled on that dish," I decline to slate what it means. His Honor: You must answer that question at once. I will give you two minutes to answer or send you to gaol for six months. Witness: "Coroppled" means received what was given ; "dish" is a saddle ; it does not mean a stolen Title Text File Tools saddle ; refused to answer at rst because I did not think it had anything to do with this case; prisoner referred to ''the dish" in his letter to me ; he told me he had received the saddle ; he did not say who from ; did not refer to John James, nor indicate that it was from John James ; did not know that it referred to a saddle that had been stolen from anyone; by writing "keep mum about the dish and don't put yourself away" I did not mean anything by it, nor by writing "smother it up in o riebuck plotch'" ; "riebuck" means all right ; "plotch" means place; the whole sentence means hide the saddle in a safe place ; can't say what I mean by giving that advice ; as to "do not on any account stop caddering with the gins at Kilkivan as they are crook" it refers to having connection and that they were not safe to have anything to do with ; notwithstanding that letter, never went with the gins; thought prisoner would stop at Kilkivan with the gins, and wanted him to come up to where I was ; picked up the language I used in the letter where I was working; "riebuck kleiner" means an all right girl ; was one year and a month in the Reformatory ; was sentenced in Maryborough 6 years ago to 8 years for forging a cheque. By Mr. Lukin : A number of these expressions are used amongst jockeys. Thomas Condie, sworn, stated : Am a blacksmith ; reside in Gympie ; know the accused and Bloomer ; remember 7th June ; was working till half-past 5 or 6 ; worked at Boneham's ; Lucy is not speaking the truth when she says she saw me on the racecourse; saw accused and Bloomer at half-past 7 ; left them at half-past 11 and went home ; Johnson went in the direction of his home, and Bloomer went down Reef street ; went to bed when I got home, and did not get up ; was not out at the camp about 2 or 3 on Sunday morning; Lucy is not telling the truth when she says we were there. By Mr. Byrnes : Am a Gympie native ; have known Johnson and Bloomer a long time; Title Text File Tools have known Lucy several years ; have known Kitty a very long while; don't know what "coroppling on a dish" means; have been in blacks' camps to see corroborees ; never went with prisoner or Bloomer to the camp William Johnson, sworn, stated : Am blacksmith ; remember the 7th June and the races ; went home to bed about 11.15 ; my son came in about 20 minutes after wards, and he sleeps in the same bed ; he did not go out again that night. By Mr, Byrnes : Had a few glasses of beer that evening ; knew the time my son came home by looking at my watch ; he is generally home before me ; left the door open for him. Winifred Bloomer, sworn, stated : Reside in Gympie ; am mother of James Bloomer ; on 7th June there were races in Gympie ; my son came home before 12 o'clock ; spoke to him ; he went to bed ; he did not go out again that night. By Mr. Byrnes : Heard the clock strike 12 after he came in ; was not anxious about about my son ; he is a good boy ; he came in through the front door and slept in the back room ; don't know when I went to sleep ; my son unlocked the door; placed the key where he could get it; he did not go out at all on Friday night ; never knew that my son kept bad company; remember he was in the reformatory some years ago. James Dalton stated: Am a laborer, live at Wickhm's paddock in Gympie; on night of 7th June there was a disturbance in the blacks' camp close by ; a gin called Lucy swore at someone from the hotel who told them to clear out and she said she would strike him; the blacks then had a row amongst themselves ; they seemed to be all very drunk. By Mr. Byrnes : Saw prisoner at the races and once or twice in Mary street on Saturday night ; never noticed them down at the camp any time while I was living near there ; never heard any wail ing noise amongst the blacks that night ; did not know Tu Tu was hurt till Sunday evening ; volunteered to give evidence in this Title Text File Tools case ; do not know whether Johnson was in the camp that night or not. This was the case for the defence. The Crown re-called Lucy who stated : No white man came out from the hotel and hunt the blacks away ; did not say "You go to bed you white wretch or I'll knock your head o " ; me never get drunk. By Mr. Lukin: Me drink little beer sometimes : no like im rum ; when me been say at Police Court that me no drink beer me forget ; me talk about case to Kitty but not to Jim Ro. Mr. Lukin then addressed the jury, declaring that the evidence of the prosecution rested entirely on the evidence of the aboriginals, and proceeded to point out how unreliable it was. In a long and well studied address he brought out the weak points of the case, and the alibi which the defence had established which he reposed with con dence in the jury, believing they would return a verdict of not guilty. Mr. T. J. Byrnes followed at length, and thought that in this case the evidence of the blacks not on oath was better than the evidence of Bloomer and other whites who were on oath. He contended the Crown had made out a clear case against the prisoner. His Honor summed up lucidly, review-ing the evidence. It was evident that Tu Tu had been seriously wounded by someone who meant to do him grevious bodily harm, and the only question for the jury to settle was — did the prisoner do it. As to the blacks not being upon oath, that was nothing ; such evidence was often more reliable than evidence taken upon oath. The jury then retired to consider their verdict, and the Court adjourned at ten minutes to 7, His Honor stating that he would sit again as soon as the jury noti ed that they had agreed upon a verdict. Shortly before nine o'clock the jury agreed, and the Judge was sent for. On being asked for their verdict the foreman replied " Guilty, with a recommendation to mercy on account of his youth." His Honor: 'I will consider your recommendation seriously. I Title Text File Tools quite agree with your verdict gentlemen. I am at liberty to say that now." He then ordered both prisoners to be brought up at 10 a.m. to- day for sentence. The police were instructed to obtain any in-formation respecting the antecedents of the prisoners. The common jury were then discharged with the thanks of the country. Title Text File Tools QSA846914 1873 Letter from HC King to [written at top] HC King police protection Black Colonial Secretary 26 July, Colonial Secretarys Snake Diggings Office In letters 73/1345 1345/28 July 73 Brisbane July 26th 1873 The Hon'ble Colonial Secretary Brisbane Sir I have been requested by some of my constituents to draw your attention to the necessity for a ording some police protection to the residents in & near Black Snake diggings. There is a population of about 400 people resident in this locality & chie y employed in the mines of Mr Vickery at Black Snake & at the Mt Clara & Mt Coora cooper mines. There is one constable at Kilkivan twelve miles away and only one JP in that part of the District who is frequently about on his private business. Owing to the absence of any lawful authority assaults of a very serious nature are common among the whites, whilst a number of blacks who are enabled to obtain grog without any di culty give great trouble and annoyance to the respectable residents. I therefore beg to recommend that at least one constable may be stationed at Black Snake and that the following gentlemen may be placed on the Commissioners of the Peace - viz Mr John D Barkley, Manager of the Black Snake Mine, Mr William Stevens, Manager of the Mt Coora Copper Mining Co. I have the honor to be Sir Your obed't serv't [signed] HC King [written in margin] Commissioner of Police for report ** 28.7.73 QSL 1849 Letter from John Carne Bidwill to Title Text File Tools George Barney 10 June, NSW Colonial Secretary Letters Relating to Moreton Bay and Queensland 49-2709 July 1822–1860, Reel A2.18 The Commissioner of Crown Lands, Wide Bay District, to the Chief Commissioner at Sydney, reporting the murder of Francis Callaghan by Blacks 49/6545 - 11 July 1849 Wide Bay District Maryborough June 10th 1849 Recd 7 July Sir I regret to be obliged to report for the information of His Excellency the Governor that on the 28th May last, a shepherd named Francis Callaghan in the employ of Mr Murray at Wollooga in this district was murdered by Blacks while following his ock. On the receipt of a letter from Mr Murray informing me of the unfortunate circumstances and that he expected that further outrages would take place, I immediately proceeded to Wollooga to enquire into the circumstances, and found that the murder, a perfectly unprovoked[?] one, had been perpetrated by the same Blacks who last year murdered a man at Mr Mactaggerts and who are suspected of having, about a month ago, murdered another man at Mr R. Jones’s station at Baramba (in the Burnett District but adjoining Messrs Murray & Mactaggerts runs). Under these circumstances I exceedingly regret to state that the e orts hitherto made for the capture of the murderers have proved unavailing. I have the honour to be Sir your most obedient servant J.C. Bidwill Commissioner Title Text File Tools [Notes in margin: ‘Transmitted for the information of His Excellency the Governor Geo Barney C.C.C.L. July 9/49’ ‘R???? AWF 13th’] QSL 1850 Affidavit of John Dan McTaggart 21 New South Wales To Wit December, NSW Colonial Secretary Letters I John Dan McTaggart being duly sworn Relating to Moreton Bay and Queensland 1822– depose: 1860, Reel A2.23 I sat down upon a station in the Wide Bay District in eighteen hundred and forty eight in the beginning of May of the same year the blacks began to show hostility by attempting the lives of my men. About the middle of the same month I had a shepherd murdered by them. But since then the blacks have been at war with me. I have been obliged to have as many as three men after each ock of sheep and in some instances all of them on horseback. As from the continued threatnings [sic] of the blacks my shepherds were in a continual state of alarm. The blacks have made several attempts to take the sheep forcibly but my men being well armed have been mostly able to keep them at bay until assistance could be procured. Latterly the whole of the Wide Bay tribes have been combining in large numbers and have sent messages to me through friendly blacks to say that as soon as the “bunya-bunya” was ripe they intended to take all the sheep in the District and kill all the white men. I had made up my mind to remove my sheep in February such, if the Native Police had not arrived but since their arrival I hope that I shall not be obliged to take that step. Last winter I was constantly employed in assisting Messrs Cor eld and Murray two of my neighbours in the recovery of their sheep and often unsuccessfully from the great numbers of the Blacks and the small force we could bring against them. At various times my life has been threatened by various tribes but Title Text File Tools more particularly by “Tommy”, “Bloodthirsty”, “Billy”, “Bobby”, "Jangana”, “Binballena”, and other blacks I know by sight but not by name. Once I had my head station attacked by the blacks and robbed of all the our and most of the other things in the hut. I have altogether lost about ve hundred sheep taken by the blacks and I am satis ed that without a strongly armed Force to convince them of the inferiority in war all the settlers in this district will be obliged to vacate their stations. I have used every endeavour to conciliate the blacks but was unsuccessful and at a moderate computation I am sure that it has cost me upwards of two hundred Pounds since I have been in this District in providing them with food, blankets, clothing etc and I know that my neighbour Mr Murray who is about seven miles distant from my station has acted in the same manner and is equally unsuccessful in his endeavours to render them friendly. Their only object appears to be either to exterminate the whites or drive them from the District. [Signed] J.D. McTaggart Sworn before me this 21st day of December 1850 at Wulooga Wide Bay District [Signed] R.P. Marshal JP QSL 1851 Affidavit of Henry Cox Corfield 2 New South Wales To Wit February, NSW Colonial Secretary Letters Henry Cox Cor eld of Gigoomgan Esq’r being Relating to Moreton Bay and Queensland 1822– duly sworn deposes: 1860, Reel A2.23 On the 24th day of December last I accompanied Lieutenant Fulford of the Native Police, for the purpose of pointing out to him, Tom, Wolga, young Diamond, old Diamond, Geordy and other blacks, who had been recognised by me, in the occasion of a ock of sheep being taken from me in the proceeding July. The above blacks had possession of the sheep when with the assistance of my neighbours I recovered the sheep. I was aware that the blacks were in the neighbourhood of my station, I had great fears that I should be attacked, as the blacks repeatedly sent one Title Text File Tools message that they would kill me and take all my sheep. We overtook the blacks on the 28th in the river Mary, some ran away the remainder about 30 men stood and shook their spears and tomahawks at us. I recognised Tom and called out to him to stop, he turned around and was in the act of throwing a spear at me, when the Police red. [Written in right hand margin: I saw only two killed but have since [underlined] heard there were more from the blacks H.C.C.] I believe that no more than two blacks were killed in the a ray, one of which jumped up and caught me by the throat and pulled me down on the ground and tried to wrench the gun out of my hand, I managed to turn the barrel towards him and shot him dead, I did not see Mr Walker wounded but immediately after I saw where the spear passed through his shirt and trousers. I do not know whether any blacks were wounded by the Police, but it is quite possible as I heard several shots. The Blacks after this escaped into the river. I am satis ed that but for the timely arrival of the Police my station must have been abandoned, my stock nearly destroyed and many white men’s lives lost. [Signed] H.C. Cor eld Sworn before me at Kilkivan this 2nd day February 1857 [Signed] Frederick Walker J.P. Title Text File Tools QSL 1851 Affidavit of John Murray 2 February, New South Wales To Wit NSW Colonial Secretary Letters Relating to When the blacks rst came on they were Moreton Bay and Queensland 1822–1860, Reel yelling and brandishing their spears and A2.23 beating them against their boomerangs, one spear was pointed at me and I saw one pointed at Mr Marshall, the re of the Police however prevented them throwing. The blacks had the advantage of being on a hill and being above the Police, they threw large stones down on them. I am satis ed that if such a small part of Police only 10 men had shewn the slightest hesitation our situation would have been very perilous, as we were in a hollow surrounded by hills of which the blacks had possession. I was told that several blacks were killed by the Fire of the Police; But I only saw one the one alluded to above. [Signed] John Murray [Sworn before me at Kilkivan this 2nd day February 1851 [Signed] Frederick Walker J.P. QSL 1851 Petition from stockholders in the 51/9286 22nd Septr 1851 Wide Bay District 29 August, NSW Colonial Secretary Letters Relating to Moreton Bay and J & N.L. Hay & others Queensland 1822–1860, Reel A2.21 Reporting murders and outrages by the Blacks Wide Bay & Burnett District and applying for protection of the Native Police Gigoomgan 29th Augt 1851 The Honorable The Colonial Secretary Sir, We the undersigned Stockholders of the Wide Bay District beg to call your attention to the numerous outrages committed here by the Aborigines (since the departure of the Native Police) who aware of their absence think they can commit aggressions with impunity. Title Text File Tools During the present month Four atrocious murders have been perpetrated, one in this and three in the Burnett District and scarcely one of us have escaped without severe losses both of stock and stores, having in some instances had as many as fty sheep destroyed, besides the great injury the ocks sustain in being driven o the runs, sometimes to a distance of twenty miles. [In margin: 'A man murdered on the Gigoomgan Station and ock of sheep taken 60 of which were destroyed by the Blacks who have also destroyed as many as 150 sheep on three[?] di erent stations besides robbing huts'] Now, Sir, as this is the season when the shearing and lambing are about to commence, and when the Aborigines have always been the most troublesome thereby entailing incalculable losses to us, we sincerely hope you will give instructions to the Commandant of the N. Police to send to our assistance as speedily as possible at least one section of that very e cient Corps, whose presence alone is a great restraint upon the Aborigines, otherwise these atrocities will be followed by others of even a worse kind consequently we think it would be very desirable to have one Section permanently stationed in some central part for the protection of our lives and property which at present are in jeopardy. We have the honor to be Sir Your most Obedt Servants James & Norman Leith Hay Gigoomgan C. Lawless Boubiyan P Lawless Winderee B. J. Bertel?? Bonara D Mactaggart Kilkivan James Murray Wulooga Title Text File Tools [Notes on rear: 'By the most recent reports from the Comt what were his intentions in respect to a ording protection to the Wide Bay district by means of the force under his command? Immediate' '22nd See Extract from Mr Walkers last report enclosed in 51-9055 herewith. The Report itself is under reference to the Attorney General. 22nd FM[?]'] Queenslander, 6 November 1875, p7 The second important case was that of William Indane, charged with the murder of Nelly, a black gin, at Kilkivan. Prisoner and most of the witnesses were employed at the Mount Coora mine, and the a air seems to have taken place on a Saturday night, apparently a pay night, when both whites and blacks were roaming about the little township, enjoying them-selves after their fashion. That night, or rather on Sunday morning, at about one o'clock, one of the witnesses, named Craig, said that he saw prisoner seize hold of the black gin in front of his (Craig s) door. He held the gin, and according to Craig, kept dashing her down on the muddy ground (the weather was very wet and raining), demanding a note which she had stolen from him. The gin kept crying out for assistance, and denying having the note. Prisoner kept telling her he would have her life if she did not give it up. According to Craig this went on for about an hour and a half, Indane torturing the gin the whole time. Craig's wife con rmed her husband but on cross examination proved so confused and untrustworthy as to be a valueless witness. Two men, Giles and Rowe, came up to Craig's while all this was going on, and stayed with him till it was over. They gave their evidence apparently with reluctance, and stated that prisoner was only detaining the gin against her will, not ill-using her. Finally, Indane and the gin left, he being heard to say something to the e ect that he would give her to the sergeant. A short time afterwards Giles and Rowe started Title Text File Tools for home, and on their road came across Indane and the gin. One of them lit a match, the night was very dark, and saw the unhappy creature hanging over a fence by her knee- joints, her head almost to the ground, while Indane was resting his arm on her knee-caps, apparently keeping her there. One of the men remonstrated with him; he let go, and she fell to the ground. The poor creature got up, tried to run away, fell down; tried again to run, and fell again. Again at the remonstrance of witnesses, who told him she would die if left lying there, Indane helped them to take her towards the blacks' camp, and nally left her in charge of her own blackfellow, who appears to have been very drunk. This was at about three o'clock on a cold misty morning. At seven, Craig found poor Nelly's body lying on a piece of bark in a ruined kitchen behind his house. There was no medical examination for ve days, and until after burial, the doctor therefore could not say whether there were any marks or bruises; there was, however, no cut, nor broken bone in the body. Those who saw it after death did not detect any bruises, but the head and shoulders were covered with mud. The police constable swore to the existence of a trail between Craig's house and the fence, as if a human body had been dragged along it by the legs. Mr. Pring made an admirable speech for the defence. He maintained the theory that all Indane did was to arrest and detain the gin, and that he used no more violence than was necessary for the purpose. The hanging over the fence he explained as an attempt by prisoner to got the gin over the fence, as being the shortest road to reach a bedroom in the hotel where a policeman was sleeping. The result of the case, which lasted two days, was of course an acquittal. The evidence for the prosecution was certainly weak, but if it had been strong the result would have been exactly the same. You will not get a jury, at least in Maryborough, to Title Text File Tools bring in a verdict of murder for the killing of a black. Events 7 entries Event name Day Year Nature of Description Tools and event month Attack on Aboriginal people 7 June 1890 Attack on "At the Police Court yesterday, - Tu Tu a mile from Gympie Aboriginal people before the P. M., Shannon Johnston, (7 June 1890) on remand, charged with assaulting a blackfellow with intent to do grievous bodily injury, was formally committed to take his trial at the Circuit Court sittings to be held in Maryborough on the 8th of September next." (Gympie Times and Mary River Mining Gazette, 24 June 1890, p2) "POLICE COURT. ... The remainder of the day was taken up in hearing the case against Shannon Johnston, on remand on a charge of assaulting a blackfellow named Tootoo, with intent to do grievous bodily harm, in regard to which the following evidence was taken : — Constable Bevan deposed that on Sunday the 8th instant he went to Wickham's paddock on the other side of the river, and saw a blackfellow named Tootoo with his head bound up. He took the bandage o Tootoo's head, and saw a wound over the left eye. He conveyed the blackfellow to the hospital. A black gin named Lucy gave him a stone (produced) with which the wound on the blackfellow's head was supposed to have been made. He arrested Event name Day Year Nature of Description Tools and event month accused the same evening on suspicion of having assaulted the blackfellow on the night of the 7th instant. On the 10th instant witness went to Wickham's paddock, and in a Chinaman's garden in a direct line between the paddock and the town, he saw footprints in the worked soil, and put some boards over them to protect them. On the 17th instant after accused had answered to his bail, he asked him if the boots he had on were the same as he had on when he was arrested. On getting "Yes" as the reply, he got the boots and went over to the Chinaman's garden and made impressions with them alongside the previous impressions, and they seemed to correspond. Tooto, the blackfellow who was injured, gave evidence to the e ect that on the night he got the wound on the head, he was camped in Wickham's paddock with his gin Lucy, and several other blacks. He went to sleep before the hotel closed, but was awakened by white men ; he identi ed accused as the one who awoke him. He told him to clear away from the camp and go to town, but accused knocked him down with a big stone, which hit him on the head. He stopped on the river bank that night. Lucy, Tooto's gin, said that she, another black gin named Kitty, and Tootoo camped in the same gunyah on the night of the assault. Young Jim Bloomer awoke her and said he was going to give her 4s. She told him to clear out. Accused dragged her blanket Event name Day Year Nature of Description Tools and event month o ; he then went over and woke Tootoo, and made a proposal to him. Too-too told him to clear out or he would get his nulla. Accused then dragged Kitty, and Kitty called out "Tootoo." Accused hit Tootoo, then Tootoo hit him on the back with a nulla-nulla. Accused then picked up a stone and hit Tootoo on the head ; he was about two yards from Tootooat the time, when he hit him with the stone. Tootoo fell down in front of witness, and accused ran away. When Tootoo fell down she thought him dead. She saw the stone produced in Court ; it was the same she gave to Constab… Bevan on the Sunday after the assault. The remainder of the day was taken up in cross-examining the last witness, but without eliciting anything calculated to alter the facts in the main evidence. The Court adjourned before the cross- examination was completed. Yesterday J. Dean was brought up for drunkenness and discharged. The case against Shannon Johnston for assaulting the backfellow Tootoo, with intent, was then proceeded with, and Lucy, the last witness of the previous day, was subjected to another two hours' cross-examination, by Mr. Conwell for the accused, but still without shaking her previous evidence. The following additional witnesses were examined : — Jim Ko, a half-caste, who stated that Lucy, on the night of the assault was camped about 6 or 7 yards from his camp. He did not wake up until very near Event name Day Year Nature of Description Tools and event month morning, but was then awakened by three lar-rikins, one of whom was accused. After this Tootoo came to his camp to get a nulla- nulla. He heard some blows struck when Lucy sang out. He then jumped up and saw the three larrikins run away. He did not see Tootoo, but went to sleep again without going into the other camp to see what the matter was. Nellie, another gin, said she was camped about two yards from Lucy's camp on the night of the assault, and after being awakened, saw Tootoo fall. A larrikin threw a stone at Tootoo to make him fall, but she did not see him. Kitty, the gin who was in the same gunyah with Lucy, the previous witness, said she was awakened by somebody pulling her blanket. It was a white man who said hewould give her 4s. She sang out to Tootoo. Looking at accused, she said "That fellow hit Tootoo along a shoulder." Tootoo then hit him with the nulla-nulla, and accused got a stone and hit Tootoo on the head. W. Wickham was also examined, but his evidence, as far as the case was concerned, merely amounted to the fact that he had given the blacks permission to camp in his paddock. Emma Jane Loo Jen, wife of the Chinaman in whose garden the foot prints were seen, deposed that the footprints referred to by Constable Bevan, were not in the garden on Saturday evening, and that they were not those of her husband or children. At this stage the case was Event name Day Year Nature of Description Tools and event month further adjourned for eight days, accused being allowed the same bail as before." (Gympie Times and Mary River Mining Gazette, 19 June 1890, p3) "Shannon Johnston, who was committed for trial a few weeks ago on the charge of wounding the blackfellow with with intent to do grievous and bodily harm, was re- arrested on Thursday and charged with murder. The only evidence taken was that of the arresting constable. When Johnstone was apprehended he requested that he might be allowed to change his clothing, which request was refused, and upon undergoing the customary search at the lockup a letter was found upon him that throws considerable light into the waysand doings of some of our youthful members of society. At the proper time, no doubt this interesting document will be made public. The prisoner was remanded until Thursday next." (Gympie Times and Mary River Mining Gazette, 2 August 1890, p3) "In the afternoon the hearing of the charge preferred against Shannon Johnston of killing the aboriginal Tu Tu was resumed. The accused was further remanded till to-day when he will be committed for trial." (Gympie Times and Mary River Mining Gazette, 9 August 1890, p3) "GYMPIE POLICE COURT. Thursday, August 7. (Before the Event name Day Year Nature of Description Tools and event month P.M.) MURDER. Shannon Johnston, on remand, was brought up on a charge of murdering Tu Tu, an aboriginal. Sub-Inspector Galbraith conducted the prosecution, and Mr. Conwell appeared for the defence. Lucy, an aboriginal, having promised to speak the truth, deposed that on Saturday, the night or the races, James Bloomer, the accused, and Tom Condie came to the gunyah in Wickham's paddock where she, a gin named Kitty, and the deceased Tu Tu were camped, that accused tried to interfere with Kitty, that Tu Tu told him to clear out, that Johnston hit him on the head with a box, and Tu Tu hit Johnston in return with a nullah, and said "if you don't clear out I'll hit you with nulla-nulla." Johnston then picked up a stone, and threw it at Tu Tu at a distance of about four yards, hitting him on the left temple and felling him to the ground. Johnston then ran away, as also did Bloomer and Condie. Sergeant Bevan took Tu Tu to the Hospital, and he camped there. By and by he came out. On Wednesday morning, she thought Tu Tu got burnt ; she was camped on that day alongside Mrs. Bell's. Tu Tu lay by a little camp re. She went to the hospital and told the doctor Tu Tu got burnt. Mr. Wooster put Tu Tu in a cart and took him to the hospital. Tu Tu was not drunk when he got burnt. "Kitty" gave corroborative evidence, and from the body of the court Event name Day Year Nature of Description Tools and event month identi ed Bloomer and Condie as having been with accused on the night of the alleged assault. Jim Ro, a half caste, deposed that accused, Bloomer, and Condie came to his camp on the Saturday night of the races, and asked "Where's the mary ?' He re-plied, "I don't know," They then went over to Tu Tu's camp. James Bloomer, horse trainer, living in Duke-street, examined by Sub- inspector Galbraith deposed : — I remember Saturday June 7, the day of the last races. I was in town that night with the prisoner and Tom Condie. We are mates — we associate with one another. I was with prisoner until half-past 11. Condie left us at the corner of Reef- street at about half past 11. Johnston and I separated there and I went to my home in Duke-street. I got in at the front door, which was locked ; the key was under the door ; my mother usually places the key under the door for me. It was not usual for me to be out late. I was not at the black's camp that night. I saw my mother when I got home ; she was in bed awake. She spoke to me. I was sober. I made a statement to you (the sub-Inspector) at your o ce and signed it. The statement was not correct. I was not on my oath there. Some of the statement was untrue. [Statement produced.] I sometimes write to the prisoner. The letter produced (exhibit B) is in my handwriting. At the time the statement was taken the sub- Inspector read out "my brother saw me when I got home." That was not Event name Day Year Nature of Description Tools and event month true. I see that is not in the statement. I signed my name to the statement. You sent for me and asked me questions. I suppose I can tell you what I like until I am on my oath. The word "riebuck" in my letter means '"all right." I decline to say what this sentence means: — "I need not tell you to keep mum about the dish, as I know you will not put your-self away ; but smother it in a riebuck plotch and do not fetch it to Kilkivan." I decline to say what— "Dear Jock I was very glad to hear that you croplled on that dish, as I do not approve of — — — like them having it, as they would put you away in a minute" — means. I do not mean any thing by the sentence "I was also glad to hear that Jack Fox buried the whisky." I decline to say what "I gave him credit for it" — means. I am not aware that two, three, or four months ago there was a whisky robbery on Gympie. The case was then adjourned until half past 2 o'clock on the following day. On Friday the case was resumed, when the following evidence was taken : — Thomas Condie, blacksmith, working for John Boneham, Caledonian Hill, Gympie, deposed : —I know the accused Shannon Johnston, and Bloomer, the previous wit-ness ; they are friends of mine. I was with Johnston and Bloomer in Mary-street about half-past seven o'clock on Saturday, June 7. The contents of the statement produced, which I signed in the Sub-In-inspector's o ce, are Event name Day Year Nature of Description Tools and event month true with the exception that it was about half-past seven or eight o'clock that I met Johnston and Bloomer, not half-past eight o'clock. I knocked about town until ten or half-past ten o'clock. When we parted for good it was about 25 or 30 minutes past 11 o'olock. Bloomer and I left accused at the junction of Reef and Channon- streets, and Bloomer left me at my house. I went through the hack way to bed. I have never been to the blacks' camp in Wickham's paddock. Graham, the baker, was awake when I got home. I don't know where he is now. Dr. Francis Bowe described the injuries from which Tu Tu was su ering when he was admitted to the hospital on June 8 : Tu Tu remained in the hospital about a couple of weeks ; he trephined him ; hernia of the brain afterwards set in ; the brain protruded ; no ts were observed; during the deceased's rst stay in the hospital. Tu Tu was re-admitted on July 26. Early the next morning he had a t ; it was caused in his opinion by hernia of the brain. When Tu Tu was re-admitted he su ered from severe burns of the legs. He died on July 30. He (witness) performed a post mortem on the body, in the presence of the P.M., Dr. Ryan; and Constable Beven. He examined the brain, and then saw that de-ceased had been su ering from hernia of the brain accompanied with some in ammatory softening of the substance ; the direct cause of the