MURDER OF AN ABORIGINAL WOMAN.—31ST JULY, 1843.
This was the first trial of note that yvas held before Mr. Justice Jeffcott (the second Resident Judge). A s the prisoners yvere white men, the issue was looked forward to yvith the utmost interest. After the jury panel yvas called, Richard Guiness Hill, Joseph Betts, and John Beswicke, were put to the bar charged yvith the murder of an aboriginal w o m a n , n a m e d Coonea, at Muston's Creek, on the 23rd February, 1842. T h e prosecution yvas conducted by the Crown Prosecutor and Mr. Barry. T h e prisoners Hill and Betts yvere defended by Messrs. Williams and Stawell, whilst Messrs Cunninghame and Stayvell appeared for Beswicke. T h e indictment contained ten counts in yvhich the offence was varied in every form known to legal ingenuity, and the prisoners pleaded " Not Guilty." O n the 25th February, 1842, Mr. C. W . Sievewright, the Assistant Protectorof Aborigines for the Western District, accompanied by a blackfellow, found the bodies of some native w o m e n on the station of Messrs. Smith and Osbrey, at Muston's Creek. H e identified two of them, n a m e d Coonea or Connyer, and Naidgoncher. Coonea, he believed, had been shot dead, for she had received a gun shot in the abdomen, and had had her left arm smashed by another shot. H e had been twenty-five years in the army, and yvas well acquainted yvith the appearance of shot yvounds. T h e bullet had entered the right side of the yvoman and passed out at the left. H e was yvell aware of the difference betyveen a wound from a spear and a gun shot. H a d seen deceased about a yveek before, and did not observe any male aborigines about on this day. H e would not syvear positively that the abdomen wound had not been caused by a barbed spear. Christopher M'Guinness, a bush carpenter employed on the station, said that on the 23rd or 24th February, 1842, he saw the prisoner Betts ride rapidly up to the master's hut and talk to Hill. Betts then came over to the men's quarters, and asked one of the hands (Arabin) to lend him a gun to shoot some kangaroos, and Arabin loaded a gun yvith tyvo bullets and passed it to him. Soon after witness saw Betts and some other m e n on horseback ride away from the master's hut, and he followed them. W h e n about three-quarters of a mile off he heard tyvo shotsfired,and stopped, expecting to see some kangaroos. H e sayv six men on horses, and the prisoners yvere some of them. O n e of the six, namedTfoursiquot rode after a blackfellow. Betts moved toyvards the bottom of a scrub, and, levelling his"gun,firedinto a clump of trees, and yvitness saw a blackfigurefall. T h efigurewhen falling uttered a loud shriek, and some other black figures rushed out vof the scrub. Hill shouted, " Here they come," yvhen three shots yverefired,and there yvas terrible wailing from the scrub. Witness returned home, and at supper in the evening, Betts and Arabin talked about the blacks, and Betts said there yvere some lubras and children shot in the hollow. Hill yvas armed yvith a pair of pistols, and Beswicke yvith a short gun or rifle. T h e yvitness, on cross-examination, admitted that he yvas an expiree-convict, and had been arrested on suspicion of complicity in the murder. T h e most important evidence yvas given by Mr. T h o m a s Osbrey, one of the owners of the Muston Creek Station. H e stated that Hill was his manager and Betts the hut-keeper. O n 23rd February three gentlemen named Smith, Whitehead, and Boursiquot, visited the place, and whilst they yvere in his hut, Betts looked in at the door, saying "there yvas a m o b of blackfellows at hand." T h e whole of the party then jumped up and got their arms; but he paid no attention to yvhat they talked about. They went away, and on their return he saw some blackfellows' weapons with them. H e did not see Beswicke there that day, and he thought Beswicke could not have been there without him (Osbrey) seeing him. Afterwards saw the dead bodies of three black w o m e n and a child. George Arabin corroborated portions of the statement of M'Guinness, and declared to having seen the three prisoners in the party of six yvho set forth, as he was given to understand, " kangarooing." M'Guinness followed to obtain the skins. H e only saw firearms with Betts, who said, in the evening, that he had fired twice, and hit a g u m tree. Three days after the Black Protector called at the men's hut, informed them that three black w o m e n and a child had been murdered, and offered a reward of £ 5 0 for information concerning the outrage. In reply to prisoners' Counsel the witness acknowledged to his having been arrested on the charge, and that when examined before Sievewright, w h o was a J.P, he swore he knew nothing of the affair. T h e trial was adjourned until the next day, and the jury locked up in charge of a sheriffs officer at the Royal Hotel in Collins Street. O n its resumption Messrs. Williams and Cunninghame addressed the jury on behalf of the accused. The defence relied on was that the witnesses (M'Guinness and Arabin) were unworthy of belief, being, according
