his right of challenge; when, therefore, a native is brought to the bar, a jury is empannelled to try an issue in the foregoing terms, and the verdict in every case (I think) but one has been in the negative. On what grounds a distinction was made in this case I had not the means of ascertaining.[1]
- ↑ The following is a list of such of the black population as have been brought before the Supreme Court since its foundation, with the charges against them. I have not been able to obtain a return of the murders and robberies committed by the aborigines, which is wanted in order to render the other of much value, they have, however, been very numerous:—
Year. Murder. Robbery. Inciting to
violence.Not Guilty. Guilty. Observations. 1841 9 7 2 Executed (Natives of V. D. Land.) 1842 4 1 4 1 Aboriginal native, executed for the murder of Mr. Codd, in 1839 or 1840. 1843 2 1 3 Total, 13 3 1 14 3
In this return those set down as Not Guilty, were in reality not put upon their trial, being found on the preliminary enquiry, not of sufficient capacity to understand legal proceedings, &c.The two men executed in 1841 were natives of Van Dieman's Land, and had been brought over by Mr. Robinson, Chief Protector of aborigines, and were supposed to be partly civilized, having been resident in his family several years; but they broke out one day, took to the bush with their arms and shot an American sailor whom they met by accident. The natives when brought before the Court, have the benefit of legal assistance, one of the most eminent counsel at the Port Phillip bar having, very properly, been appointed their standing counsel. He is paid by the crown.
