Dwyer Acquitted On Poisoning Charge

The two natives were sent out by Inspector Tolmer to search for and bring into Port Lincoln, Mydlya and lllerie as material witnesses in the poisoning cases. Dwyer, the hut keeper, was arrested the same evening at one of Mr. Peter's stations, after he had made a statement, which Tolmer records as follows: — "That he was in Mr. Mortlock's service about three or four weeks, and was engaged as hut keeper and shepherd ; that the natives had frequently robbed the hut he had charge of, but that they had not been near it since the last robbery. On that occasion they stole various articles of dress and, he thought, a little flour. He denied that he ever had any arsenic in the hut, although he admitted having had other poison in the hut, which he used for dressing sheep infected with scab." Tolmer subsequently searched the hut and found a pound of arsenic, which the then hut keeper (William Light) stated had been left there by Dwyer. The case was brought before Henry Price, J.P., on May 21, and remanded for 10 days.

UPRIGHT GENTLEMAN

This Mr. Price would be, probably then or later on, of Koppio station, and the grandfather of Dr. A. Grenfell Price, of St. Mark's College, Adelaide, who is our foremost historian of the State. One feels sorry that Henry Price did not leave a diary of those early days. Reading his letter of the trial and another in response to the request of the Protector of Aborigines as to the site of any possible hanging of natives, makes one long to know more intimate details of his life. He must have been a fine upright gentleman, who tried to hold the scales of Justice evenly between the whites and the blacks, with rather a leaning toward the latter. As far as I have gone in my researches, I have not come across any report of conflict between him and the natives. At this period of the history of the district, only one other station owner — Nation — had this enviable reputation. I have not been able to ascertain whether Price was interested in any land on the western shore of the Peninsula, or when he took up Koppio.

Geharty, in one of his reports, stated that he had a letter to deliver to Messrs. Price and Peter and he had sent the police on ahead while he delivered the letter. Price was connected with some of the enquiries in connection with the tragedies of the west. He speaks of knowing Nuntalta, one of the condemned natives, for three years prior to October 15, 1849, so that takes his entry into the Peninsula back to 1846 at least. He seemed to have been so conversant with the doings of the natives, that it gives the appearance that he must have had interests in the west, during the troublesome period of 1848-9.

Reporting the court case to the Colonial Secretary, Price stated that Dwyer was getting extra wages for the double duty, and consequently the hut was necessarily left unprotected while he was shepherding, so it was repeatedly robbed by the natives. On this particular occasion, three native boys stole some flour etc. and shared it with the other natives. It might be noted here, that the leading thief lllerie did not die as the result of their transgressions. In the trial, Price was faced apparently, with a strange legal point. I am not conversant with legal formalities of these or those times, but it would almost appear as though a native could not then give evidence against a white man. However, here is what Price did and wrote : "I can, however, obtain no direct proof without taking the evidence of the black boy lllerie, who stole the flour, and this, considering the magnitude of the offence with which the prisoner is charged — an offence so reckless and wicked in itself — so dangerous in its possible consequence to other unoffending settlers in this already disturbed district. I have determined upon doing. I trust this proceeding may meet with His Excellency's approbation.

TOLMER S DREAD

The remand granted by Price upset Tolmer's arrangements, but as a precaution he sent P. C. Beaumont to Tennant's station at Salt Creek and P.C. Feltham to Lake Hamilton to afford protection to the settlers in those localities. Tolmer was now affected by the same feeling of dread experienced by the local settlers, for he wrote, "I tremble when I see any one arrive from the bush, as I imagine them bearers of accounts of additional atrocities." Tolmer at that time was under the impression that the murders of Beevor and Mrs. Eastern were carried out in revenge. Mr. Rigby, a relative of Beevor, was of like opinion and spoke positively of having seen Illerie at Beevor's station with the suspected natives before the murder. This impression was doubtless wrong, for Tolmer in his "Big Push" tells that a large quantity of stores had just arrived at Beevor's station and that was probably the origin of Beevor's murder. T

he result of Tolmer's enquiries were reported to the Commissioner of Police, who replied to him, in a letter very outspoken, very much to the point, accepting the facts in the report, and stating that he felt sure that Dwyer purposely poisoned the flour, but was afraid the evidence was not sufficiently strong to warrant a conviction. In acquiescing in the revenge theory, he wrote, ". . . . fearful lest the mingled sentiments of revenge and rapine still unsatisfied should lead the natives to commit further acts of aggression."

In view of the mythical "Waterloo Bay massacre," the following somewhat lengthy extract from the Com-\missioner's letter, referring to the pursuit of the murderers of Beevor and Mrs. Easton, is of particular interest, as Tolmer was almost about to undertake the search for the natives.

"I would impress upon you the exercise of great steadiness and forbearance, so that the other tribes may not have the slightest reason for supposing that you are acting as the avenger of the unfortunate deceased and thereby not only deprive you of their cooperation in finding the authors of the mischief, but induce them to look upon you as their common enemy. I am induced to call your attention to this matter, thinking it highly probable that the settlers generally, actuated partly by fear and partly by revenge, will feel inclined to punish the innocent as well as the guilty, and it behoves you therefore to warn them of the danger they incur in them taking the law into their own hands, and prevent them so doing when in your power." This shows decisively that the Commissioner of Police did not countenance any ruthless massacre of the blacks ; if the Commissioner did not then neither would the Government.

GOVERNOR'S CONGRATULATIONS

The Lieutenant-Governor, through the Colonial Secretary (Mr. T. B. Finniss) on June 2, complimented both Tolmer and Price for the zeal and activity displayed in the search and trial in connection with the poisoned natives, and the Advocate-General, on June 5, stated that he agreed, on the evidence submitted by Tolmer's letter, that the commitment of the alleged poisoner would be fully warranted, making a strong point of the finding of arsenic in the hut after the denial by Dwyer. He thought that great effort should be made to trace evidence of arsenic in the remains of the deceased or on the sack, and he gave many suggestions as to what should be done in the way of procuring evidence. Dr. Lawson's services should be made use of to the utmost when questioning the natives. It was unfortunate, that prior to the receipt of that letter, Dwyer's case, on remand, was brought before the Governor Resident (Mr. Driver) who "to the surprise of everyone released him." wrote Tolmer. The Commissioner of Police stated that neither Dr. Lawson nor Mr. Schumann were able to testify as to the actual cause of death, and from the want of other satisfactory evidence connecting the prisoner with the charge, the Resident Magistrate felt himself bound to discharge the prisoner, and "I fear that no reasonable hope exists that the perpetrator of this cowardly and cruel deed will ever be discovered."

BODIES EXHUMED

On receipt of the advocate's letter, Tolmer again visited the graves and the scene of death, and overhauled the remains. It was an unpleasant task, but he was rewarded, for subsequent analysis showed that some of the intestines contained arsenic, as did the flour on the sacking. This, with the statements of the natives who had been ill, made the evidence most conclusive. Dwyer must have been of the same opinion, for immediately on being released, he left the district. An intensive search was only ended on it being proved that he had escaped from Port Adelaide on a vessel bound for California.

On the search for further evidence against Dwyer, Tolmer and Dr. Lawson were accompanied by Bishop Short and Capt. Young (brother to the Lieutenant Governor), mounted upon two of the best police horses. Tolmer speaks highly of the Bishop's horsemanship on the journey over hill and dale, through dense scrub with out drawing rein, until they reached their destination. The Bishop had a perfect seat on horseback, and the light hand with which he fearlessly guided the animal, showed that he had learnt the art of horsemanship thoroughly. The distance was too great for the party to return to Port Lincoln the same day, so accommodation was sought for the night at Port Lincoln Mines, where they were hospitably entertained by the manager (Mr. Stevenson). A pleasant evening was spent in the rough bush hut, with its blazing log fire. The Bishop was accommodated with the best bunk in the place. The night turned out boisterous and wet, and it was not long ere the water was trickling down through the roof, so that it was necessary to place an open umbrella over the Bishop's head to keep him dry.

The residents felt the want of a resident magistrate. It will be remembered that Eyre Peninsula had been constituted a resident magistrate's district, Matthew Smith being appointed the first magistrate. He was succeeded by J. W. McDonald, who resigned in 1842 at the time of the series of native murders. Since then the Government Resident, as a J.P., with other justices had heard the various cases brought before the court. The residents on May 26, 1849, sent a memorial to His Excellency the Lieutenant Governor (Sir H. E. F. Young), asking that the Government Resident be appointed to the vacant office. The following are the names and occupations (where given) of the memorialists : — Wm. Foster and E. Underwood, storekeepers ; D. Swaffer and J. Owen, innkeepers ; F. W. Taylor, butcher ; G. Bormann, shoemaker; Sarah White, housekeeper ; R. Rigby ; C. H. Smythe ; James Sinclair ; Henry J. Smith ; W. Mortlock ; J. Thompson ; Chas. Fraser ; John Moore ; J. Bishop ; J. F. Clay ; and T. Ettridge. For some reason it was not until August 6, that Matthew Smith forwarded this memorial to the Colonial Secretary for presentation to His Excellency. The position was offered to Mr. Driver, without any increase in salary, and he refused to accept on the plea that only professional men were capable of discharging the duties.

(Another Instalment Next Week).