MURDER OF AN ABORIGINAL WOMAN.—31ST JULY, 1843.
This was the first trial of note that was held before Mr. Justice Jeffcott (the second Resident Judge). As the prisoners were white men, the issue was looked forward to with the utmost interest. After the jury panel was called, Richard Guiness Hill, Joseph Betts, and John Beswicke, were put to the bar charged with the murder of an aboriginal woman, named Coonea, at Muston's Creek, on the 23rd February, 1842. The prosecution was conducted by the Crown Prosecutor and Mr. Barry. The prisoners Hill and Betts were defended by Messrs. Williams and Stawell, whilst Messrs Cunninghame and Stayvell appeared for Beswicke. The indictment contained ten counts in yvhich the offence was varied in every form known to legal ingenuity, and the prisoners pleaded "Not Guilty."
On the 25th February, 1842, Mr. C. W. Sievewright, the Assistant Protector of Aborigines for the Western District, accompanied by a blackfellow, found the bodies of some native women on the station of Messrs. Smith and Osbrey, at Muston's Creek. He identified two of them, named 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. He had been twenty-five years in the army, and was well acquainted with the appearance of shot wounds. The bullet had entered the right side of the woman and passed out at the left. He was well aware of the difference between a wound from a spear and a gun shot. Had seen deceased about a week before, and did not observe any male aborigines about on this day. He would not swear positively that the abdomen wound had not been caused by a barbed spear. Christopher McGuinness, 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 with two bullets and passed it to him. Soon after witness saw Betts and some other men on horseback ride away from the master's hut, and he followed them. When about three-quarters of a mile off he heard two shotsfired,and stopped, expecting to see some kangaroos. He saw six men on horses, and the prisoners were some of them. One of the six, named Boursiquot rode after a blackfellow. Betts moved towards the bottom of a scrub, and, levelling his gun, fired into a clump of trees, and witness saw a blackfigure fall. The figure when falling uttered a loud shriek, and some other black figures rushed out of the scrub. Hill shouted, "Here they come," when three shots were fired,and there was 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 were some lubras and children shot in the hollow. Hill was armed with a pair of pistols, and Beswicke with a short gun or rifle. The witness, on cross-examination, admitted that he was an expiree-convict, and had been arrested on suspicion of complicity in the murder.
The most important evidence was given by Mr. Thomas Osbrey, one of the owners of the Muston Creek Station. He stated that Hill was his manager and Betts the hut-keeper. On 23rd February three gentlemen named Smith, Whitehead, and Boursiquot, visited the place, and whilst they were in his hut, Betts looked in at the door, saying "there was a mob of blackfellows at hand." The whole of the party then jumped up and got their arms; but he paid no attention to what they talked about. They went away, and on their return he saw some blackfellows' weapons with them. He 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 women and a child. George Arabin corroborated portions of the statement of McGuinness, and declared to having seen the three prisoners in the party of six who set forth, as he was given to understand, "kangarooing." McGuinness followed to obtain the skins. He only saw firearms with Betts, who said, in the evening, that he had fired twice, and hit a gum tree. Three days after the Black Protector called at the men's hut, informed them that three black women and a child had been murdered, and offered a reward of £50 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, who was a J.P, he swore he knew nothing of the affair. The 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. On 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
