[Note 50:

Vide Chapter 9, of Notes on the Aborigines.]

A single instance or two will be sufficient, in illustration of the impunity which generally attends these acts of violence. On the 25th January, 1843, the sheep at a station of Mr. Hughes, upon the Hutt river, had been scattered during the night, and some of them were missing. It was concluded the natives had been there, and taken them, as the tracks of naked feet were said to have been found near the folds. Upon these grounds two of Mr. Hughes' men, and one belonging to Mr. Jacobs, another settler in the neighbourhood, took arms, and went out to search for the natives. About a mile from the station they met with one native and his wife, whom they asked to accompany them back to the station, promising bread and flour for so doing. They consented to go, but were then escorted AS PRISONERS, the two men of Mr. Hughes' guarding the male native, and Mr. Jacobs' servant (a person named Gregory) the female. Naturally alarmed at the predicament they were in, the man ran off, pursued by his two guards, but escaped. The woman took another direction, pursued by Gregory, who recaptured her, and she was said to have then seized Gregory's gun, and to have struck at him several blows with a heavy stick, upon which, being afraid that he would be overcome, HE SHOT HER. Mr. Hughes, the owner of the lost sheep, came up a few moments after the woman was shot, and heard Gregory's story concerning it, but no marks of his receiving any blows were shewn. On the 23rd of March, he was tried for the offence of manslaughter; there did not appear the slightest extenuating circumstances beyond his own story, and his master giving him a good character, and yet the jury, without retiring, returned a verdict of Not Guilty!

At the very next sittings of the Supreme Court Criminal Sessions, another and somewhat analogous case appeared. The following remarks were made by His Honour Judge Cooper, to the Grand Jury respecting it: "There was also a case of manslaughter to be tried, and he called their attention to this, because it did not appear in the Calendar. The person charged was named Skelton, and as appeared from the depositions, was in custody of some sheep, when an alarm of the rushing of the sheep being given, he looked and saw something climbing over the fence, and subsequently something crawling along the ground, upon which he fired off his piece, and hit the object, which upon examination turned out to be a native. The night was dark, and the native was brought into the hut, where he died the next day. He could not help observing, that cases of this kind were much more frequent than was creditable to the reputation of the Colony. Last Sessions a man was tried and acquitted of the charge of killing a native woman. That verdict was a very merciful one, but not so merciful, he trusted, as to countenance the idea that the lives of the natives are held too cheaply.

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