NEW SOUTH WALES.

Dunstan Times, Issue 518, 22 March 1872, Page 1 (Supplement)

NEW SOUTH WALES.

—o SHOOTING AN ABORIGINAL PRISONER. The Bourkt Telegraph furnishes an account illustrative of the manner in which the New South Wales police pacify troublesome captives. An aboriginal named Peter had been apprehended by a constable on a charge of wounding a man named Stewart with a spear. While being taken through the bush to Bourke, he escaped from cus ody but was again captured. What happened to him in endeavoring to escape a second time is related by the constable at an inquest held at Bourke on the body of the blackfellow:

“Henry Percival, sworn, deposed.—l am a constable in the New South Wales force, and stationed- at Bourke On the 22nd January, between 4 and 5 o’clock a.m., I apprehended the deceased Peter (an aboriginal) at Maranoah, a station on the Cutfcaburra Creek 100 raihs from West Bourke. I had apprehended the same Peter in December last in virtue of a warrant issued by the Bourke Bench, charging him that on the 14th October last he did fc’oniously wound one Charles Stewart with a spear. He then escaped from me After apprehending the deceased on the last occasion I had brought him within throe miles of West Bourke. He was riding my 1< d horse and I was also riding He had a single handcuff upon the j left leg. Attached to it was a chain and the the chain was made fast to the saddle tlie prisoner was riding on. He some way undid the chain tint I did not observe, and lie threw it across my left arm, where it fixed. He pulled with alibis might to get mo off my horse. We both got off our horses. As soon as 1 got to tliegrbnnd, having hold of the chain, which was still fastened to Ills l“g, I succeeded in throw iny him on the ground. He made attempts to get the chain round my legs, but did not succeed Ito tried to gef- up several times, and I threw him down. I hit him in the stomach with my left foot. He got into a fearful rage then, mid caught hold of my foot and tried to throw me. Wo wore for a con-

tiitforable time struggling, and i gave him another kick in the belly. I dragged him a good way with the chain towaids one of the horses. I asked him to mount. He said, “Baal you wretch.” I dragged him to a small tree. I hit him again with the heel of my boot on the nose. Ho appeared anxious to give in. I spoke to him quietly, and told him .to let go of the chain which he was lidding. It was still round his log. The chain was about, seven feet long. I produce it. lie left hold of the chain. As soon as ho did I twisted it round a small tree to which I had drawn him, aud m ule the chain fast to the Dee by another handcuff. I walked about fif.ccn or twenty yards away from him. As I turned round to look he was breaking the branches off the tree, thinking to escape, as I thought, I went to a fallen tree close at hand, and broke a limb off it as thick as my arm, about live feet long. 1 saw lie had got a stick. I came over to him. lie put himself in a fighting position, and made a hit wi'li the stick at me. He hit mo (he third stroke on the back of the right hand. I hit him several times on the hand aud arms, and broke tbe-f lick. He got another stick ; I knocked that out of his hand T advanced towards him then, and Lit him right on the front of tho'head with the the end of the broken stick I had in my hands. I saw the skin con e light off his skull. 1 hit him another blow and lie fell to the ground. I went thou to the horse, where my revolver was strapped to my saddle. The reason I had my revolver strapped 1o my saddle was to prevent him getting at them. I returned, and fired at him. I watched him thou fora few moments

till 1 saw he was dead. I g.»t upon my horse, and I rode to West Bourke to report the matter to Soiror-sergeant Cleary. I remained all night with the body. I was a yard or two from the man when I fired at him. He was lying on his side. I think he was stunned attlietime. I fired to prevent his escaping again. I would have got the revolver before, only I did not like to go so far from him until I had him fastened, and I was determined to keen him dead or a’ive. He gave me ns much as I could do to keep him. I was never sure of him. He pulled me off my horse with the chain. 1 had had a great deal of difficulty with him. I believe he was fully determined to take my life if he could. I was not sure if ho could get up again after I had hit him, and before I shot him. He had gammoned before. I knew he was a desperate character, the other black’s were afraid of him, I never had anything to do with blacks before I was afraid to go near him, or take the chain off the tree. I do,not think I could Mve brought'him in without shooting him.

Charles Stewart sworn, deposed.—l am a hushman, I was attacked by a blackfellow called Peter, at Brindingabba Station, on the Cuttabnrra Creek, on the 14th of October last, about half-past 10 p.m. Ho speared me in the shoulder—a had wound. I have been in th° Bourke hospital since, and am not recovered yet. I bail given him. no provocation that I am aware of. I saw the body of the deceased lying d'ead on the Warrego-road about three miles from West Bourke this morning. I recognise the deceased

ns the blackfellow who speated me at Briridingabba station, and for whom I obtained a warrant at Bourke. “ Thomas Edvtard Roberts sworn, deposed—l afh a duly qualified medical practitioner, and reside at Bourke I made a post mortem examination The left side of the head, over a space emb v acingthe whole ofi the left temple bone was driven in. There was also a round aperture over the lower part of the left side frontal bone, about an inch and a half about the orbit, which corresponds in size with the bullet I afterwards found inside the skull. 1 believe that death from either the bullet wound or tire injury to the left side of the head would in cither case have been almost immediate. “ After the evidence had been taken, the coroner proceeded to read over the depositions to the jury, pointing out the peculiar features of the case, dwelling especially upon the evidence of the constable, who Lad stated that he had secured|tlie aboriginal to a tree before he struck him with a stick, and that the man was lying down and stunned before he shot him. The coroner also dwelt upon the evidence of Ur Roberts as to the wounds the blackfellow had received. The coroner then read ex-

tracts to show the difference between various kinds of homicide, “ The jury found that the said Peter an aboriginal, came to his death by being shot by Constable Percival in the execution of his duty, and that it was justifiable homicide.”