The plaintiff was Dr. Farquhar M'Crae, and the defendant, Mr. J. F. L. Foster. They were both in the Commission of the Peace, and the event caused considerable interest in the upper stratum of society, to which the individuals belonged.
On the 1st December, 1843, M'Crae was riding through Queen Street, when he was rushed by Foster, whip in hand, who struck both man and horse, which led to the unhorsing of the rider. M'Crae recovering his feet followed Foster, who grasped his pursuer, held him firmly, and again gave him the whip several times over head and shoulders. The fracas arose out of a dispute about the purchase of a run from M'Crae by Foster, the latter of whom complained of having been unhandsomely treated by the former. Some correspondence ensued, in which M'Crae interrogated Foster as to the way in which he had spoken of him. This was not denied, and M'Crae again wrote to him on the subject, as well as with reference to a debt which he alleged Foster owed him. Foster sent M'Crae a challenge, which was declined, on the not unreasonable ground, that before a man offered to fight another he should first pay him what he owed him. M'Crae, however, proposed to refer the matters in dispute to a friendly arbitration; but Foster, whilst not denying the liability, rejected the mediation, and the street scene was the consequence. The correspondence was produced, and M'Crae's letters were certainly couched in language of studied and covert affront, as for instance wherein he declared "that no laws in the code of honour were more imperative than that no gentleman could be allowed to go out with another under dishonour." In further letters both parties asserted that each had so insulted the other as to place him outside the pale of fighting. The jury found for plaintiff, damages £250.
An Inter-se Black Murder.—15th May, 1844.
"Jacky Jacky," an aborigine, was indicted for the murder of an aboriginal boy named Tommy. A second count charged the offence of aiding and abetting in the same murder, and alleging its commission by another aborigine known as "Long Bill." The Crown Prosecutor appeared against, Mr. Barry for the prisoner, and the Rev. Mr. Tuckfield, (a Wesleyan Aboriginal Missionary) undertook the duty of interpreter. The prisoner pleaded "Not Guilty," and on its being explained to him that he had the right to challenge any of the jury, he replied "Very well," which Mr. Barry submitted was tantamount to challenging the whole.
The offence was averred to have been committed on the 22nd January, at Fyansford, near an out-station of Mr. Manifold. A Mr. Cosgrave and a servant named James were travelling with a dray, some cattle and a mule, the dray being driven by a blackfellow from Sydney, and the deceased was accompanying them. They were followed by a mob of twelve or fourteen aborigines (including the prisoner) who threatened to kill the boy, and Tommy, the better as he thought to provide for his own safety, jumped upon the mule, which so frightened the animal that it rushed in amongst the cattle. The blacks, dashing after the mule, pulled the boy off, threw him on the ground, and whilst he was down one of the savages, who was armed with a gun, fired at him. Spears were also cast, and several were found sticking in his dead body when it was recovered. The prisoner, who was one of what was known as the "Janga" tribe, was found "Guilty" of aiding and abetting, but recommended to mercy. The Judge passed sentence of death which was subsequently mitigated to transportation for life.
Highway Robbery and Attempted Murder.—17th May, 1844.
John Abbot was arraigned for having, on the 24th March, at the Honeysuckle Range, near Mount Rouse, robbed one John Buchannan, and afterwards discharged a pistol at, and wounded him. Mr. Raymond was assigned for the defence.
John Buchannan had been in the employ of the Messrs. Burchett for two years, and was paid his wages preparatory to leaving the station. On the day mentioned he set forth with William Holmes, a mate, intending to proceed to the station of Captain Webster. They reached a place called Honeysuckle Scrub, when the prisoner, and one Peter Stratton, dashed suddenly from the bush, and one of them sung out "Come on Buchannan, we want your cheque." Abbott and Stratton were in the men's hut at Burchett's when Buchannan was paid. As the two robbers approached, the prisoner cocked a pistol and presented it
