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Original Documents on Aborigines and Law, 1797-1840

Document 46

Original Document 46

Deposition of evidence in the case of Jack Congo Murrell 1836


[200] Supreme Court [1]

The King

V

George Bummary

Jack Congo Murral

Aboriginal Natives

Witnesses

John Solly

Edward Jeffery

Noel Chapman

W.J Whitelaw Surgeon

John Howe Coroner

Rev. Mr. Threlkeld Interpreter

 

[201] Windsor 26th Decr 1835

 

            Herewith I have the honor to transmit 2 inquests taken by me at the Bricklayers Arms George Street Windsor.

            One on Jane Aggy[?] (or Mills on ticket of leave) on the 17 th Inst., and the other on the 22nd Inst. on the bodies of Bill Jabinguy and Pat Clary (aboriginal natives) for the murder of whom George Bummary and Jack Congo Murral are committed to take their trial at the Supreme Court - the recognizance for the witnesses in the latter case not being complete I will enclose it by my report next return.

I have the honor to be

Sir

Your most obedt servant

John Howe

Coroner

The honorable

The Attorney Genl

&c. &c. &c.

[203] New South Wales

Cumberland
To wit

            An inquisition indented taken for Our Sovereign Lord the King at the Bricklayers Arms George Street Windsor in the Parish of Saint Matthew and County of Cumberland the twenty second day of December 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 before John Howe one of the Coroners of our said Lord the King for the said County on view of the Bodies of Bill Jabinguy and Pat Clary (aboriginal natives) then and there lying dead, upon the oath of the following good and lawful men of the Town of Windsor and neighbourhood thereof in the said County as named below-

                        Richard Dunston foreman

H W V Paton                                        John Primrose

Edward Robinson                                  William Parry

Alex Gunn                                             Fred Wilson

James Cazalett                                       Edward Gleed

John Graham                                         Henry Beasley

James Rochester            and                    John Wood

duly chosen and who being then and there sworn and charged to enquire for our said Lord the King when where how and after what manner the said Bill Jabinguy and Pat Clary came to their death do upon their oath say: That the said Bill Jabinguy and Pat Clary (aboriginal natives) on Monday the twenty first day of December Inst on the Richmond Road in the District of Windsor and County aforesaid, were wilfully murdered by George Bummary and Jack Congo Murral with a tommahawk or tommahawks, by inflicting blows and wounds on their heads, which wounds so inflicted caused the immediate death of the said Bill Jabinguy and Pat Clary.

            In Witness whereof as well the said coroner as the jurors aforesaid have to this Inquisition put their hands and seals the day and year and at the place first above mentioned.

John Howe                                                    

Coroner    

                                                        [signed] Richard Dunston

H W V Paton

Edward Robinson

Alex Gunn

James Cazalett

John   Graham

James Rochester

John Primrose

William Parry

Fred Wilson

Edward Gleed

Henry Beasley

John Wood

[204] Cumberland

To wit

Information of witnesses severally taken and acknowledged on behalf of Our Sovereign Lord the King touching the Death of Bill Jabinguy and Pat Clary (aboriginal natives) at the Bricklayers Arms Inn, George Street Windsor in the Parish of Saint Matthew and County aforesaid the twenty second day of December 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 defender of the Faith before John Howe, gentleman, one of the Coroners for the said County, on an Inquisition then and there taken on view of the bodies of the said Bill Jabinguy and Pat Clary then and there lying dead as follows; to wit

John Solly holding a Ticket of Leave and residing at Richmond being duly Sworn Desposeth that he was at Windsor yesterday with a horse and cart and Depont's wife accompanied him. He was on his way home about five o'clock, and when he had passed Mr Etzzy's he saw several natives on the side of the road, they were clamorous, which attracted Depont's notice, he saw a native with a hump on his back rise up and strike a tommahawk into the head on one of the Deceased, and who immediately fell, and the man with the hump on his back struck the black man (who had fallen to the ground) several times with the tommahawk - and on the ribbs with the head of the tommahawk - the man so knocked down did not move afterwards.

___ Depont [2] cannot say which of the two deceased men it was that the hunched back man so knocked down.

___ Depont further saith that at the time the hunched back man was striking the man on the [205] ground, a tall man with a tommahawk struck another black man on the head with it and he repeated the blows until the second man also fell, neither of the deceased struck a blow.

___ Depont remained in the immediate neighbourhood about half an hour, during which time he saw no one give any other blows to the deceased and on going to them he found them dead and cold. ___ Depont then came into Windsor and gave information to the Police, and the two blacks men who are now in custody are the same two men who so committed the outrage.

                                                                                                            John Solly

Sworn before me                       John Howe

The 22nd Dec 1835                    Coroner

            Edward Jeffery (Free) residing with Mr Wm Thos Baylis being only sworn Desposeth that yesterday about the middle of the day several natives came from towards Richmond to the neighbourhood of Mr Baylis - the natives had the sincing [?] of a Beer Hogshead  ___ Creek Tommy came into the House, they were on the roadside and nearly opposite Mr Baylis's house, Depont saw them thro' the Window, one of the Gins struck one of the men with a Tomma Hawk when a Man with Hunch Back immediately struck a Man with a Tommahawk on the Head and he immediately fell, Depont thinks it was the Old Man (Jabinguy) and he then repeated his blows to the Man on the ground; when a Tall Man knocked down another Man, he first struck him on the Head with a Tommahawk and as he did not fall - Depont thinks he was then struck on the ham or knee and that brought him to the Ground [206] when the tall Man repeated his Blows on the Man on the ground, neither of the Man who were knocked down moved afterwards. ___ Neither of the deceased struck a blow, nor had either of them any weapon, nor did any other Man or Woman strike either of the Deceased but the tall Man and the Man with a hump on his back. ___ the two Men in Custody are the two Men who so committed the outrage ___ the Door of the House was shut and on Deponts opening it, the Hunch Backed Man ordered him to "shut the door" and shook his Tomma hawk at him ___ the whole took place in a short space Depont thinks only a few Minutes, and Solly came up just as it took place ___ the Nulla Nulla produced was with the Hunch backed Man and he struck one of the Deceased with it while on the ground, several times.

                                                                                                Edward Jeffery

                                                                                                his X mark

Sworn before me                       John Howe

22nd December 1835                 Coroner

 

            Noel Chapman of the Windsor Police being duly sworn Deposeth that between five and six o'Clock yesterday afternoon he was informed by Solly that 2 Natives had been killed by two others near to the Baylis's, he reported it to the Superintendent of Police who directed him to go out and take them into custody, he did so, and when he arrived at Mr Baylis's the 2 Prisoners were pointed out to him by Jefferys - and also the Tommahawk and Nulla Nulla - Depont then secured them and brought them to Windsor [207] on their way to Windsor George (the hunch backed Man) said he killed Pat Clary, because Captain had killed his Brother - Captain is also an Aboriginal Native - the tall Man was very Drunk and Depont had much difficulty in getting him to Windsor.

                                                                                                N. Chapman

Sworn before me                       John Howe

22nd December 1835                 Coroner

 

            Mr Surgeon Whitelaw being duly sworn Deposeth that he had examined the Bodies of the two Natives on the body of Jabinguy he could find no marks, but on the head on the temporal Bone was a longitudinal Cut about two inches long, effected by some sharp Instrument - on removing the scalp he found a considerable portion of the temporal and occipital bones depressed, he found it necessary to remove the top of the Cranium and expose the Vessels of the Dura and Paria Mater which were gorged with Blood - the Brain generally was quite sufficient to cause Death - on examining the Body of Clary these were no wounds thereon - on examining the Head he found a wound in the frontal Bone on the superciliary Ridge, a portion of that and the orbital Bones were depressed, the Injury was sufficient to cause immediate Death - a long incised wound on the occipital Bone extending to the Patria position of the temporal Bone two other incised wounds on the Lambdoid Suture - one on the frontal suture over [208] the squamous portion of the Temple bone none of those latter injuries were sufficient to cause immediate Death, but which must have ensued from the Wound on the superciliary ridge.

                                                                                                Wm Jffry[?] Whitelaw

 

Sworn before me                       John Howe

the 22nd December 1835                 Coroner

The two Prisoners called before the Inquest and inquired of if they have any thing to say? Answer as follows George Bummary answers he killed Pat Clary because Captain killed his brother. - - - -

Jack Congo Murral answers he could not help killing Jabinguy he was Drunk.

The Evidence read over to them and the same explained to them, when they answered to each Evidence that is right.

George Bummary and Jack Congo Murral committed to take their Trial at the Supreme Court for the wilful murder of Jabinguy and Pat Clary.

[209]

Windsor

22nd Decr 1835

No. 81 Rex No. 82

v

George Bumamary

Jack Congo Murral

aboriginal Natives

Depositions

No. 46

Notes

[1] We would like to thank volunteer Ron Hulme for his transcription of this very difficult document.

[2] Deponent

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