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Original Documents on Aborigines and Law, 1797-1840

Document 42

Original Document 42

Draft information against Jack Congo Murrell: February 1836

[1]  

[185]

In the sixth year of the Reign of Our Sovereign Lord William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, defender of the Faith,

NEW SOUTH WALES ( to wit ) - BE IT REMEMBERED, THAT John Kinchela , Esquire, Doctor of Laws,   His Majesty's Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the First Day of February in the year of Our Lord One Thousand Eight Hundred and Thirty Six at Sydney in the Colony aforesaid, informs the said Court, that Jack Congo Murral late of Windsor in the Colony aforesaid Labourer Aboriginal Native not having the fear of god before his Eyes, but being moved and seduced by the instigation of the devil on the twenty first day on December, in the Year of Our Lord One Thousand Eight Hundred and Thirty five with Force and Arms, on the Kings Highway between Richmond and Windsor in the Colony aforesaid, in and upon certain Aboriginal Native named Jabinguy in the peace of God and of out said Lord the King then and there being feloniously wilfully and of his malice aforethought, did make an assault and that the said Jack Congo Murral with a certain instrument called a tommahawk of the value of one shilling which he the said Jack Congo Murral in his right hand then and [186] there had and held the said Jabinguy in and upon the head of him the said Jabinguy then and there feloniously wilfully and of his malice aforethought did strike beat and hit wound and thrust giving to the said Jabinguy then and there by such striking beating and hitting of him the said Jabinguy as aforesaid with the Tommahawk aforesaid in and upon the head of him the said Jabinguy one mortal wound of the length of two inches and of the breadth of one inch of which said mortal wound the said Jabinguy then and there instantly died. And so the Attorney General saith that the said Jack Congo Murral the said Jabinguy in manner and form aforesaid did feloniously wilfully and of his malice aforethought did kill and murder against the form of the Statute in such case made and provided and against the peace o our said Lord the King his Crown and dignity.

[187]

The Supreme Court

No 35

The King

against

Jack Congo Murral

Aboriginal

Draft Information

for the murder of Jabinguy

Witnesses

John Folly

Edward Jerrery

Noel Chapman

WM Whitelaw surgeon

no 42

Notes

[1] For the case to which this document applies, see R. v. Murrell, 1836.

Published by the Centre for Comparative Law History and Governance of Macquarie University, and State Records NSW