Execution of Nultia for Part in Murders

The next important letter is one which eventually led up to the despatch of Major O'Halloran and police party to Port Lincoln. Under date October 4, 1842, Mr. C. W. Schurmann wrote to the Government Resident, that the native Yutolta (referred to elsewhere as Utulta) had stated that none of the murderers had died of the severe wounds which two or three of them had received. Further they had not been intimidated by the whites' reprisals. It was expected that in the summer time when water became scarce inland they would come down to Port Lincoln again. But the serious part of the letter is :

"Moreover, two relatives of the native Tubulta, who was shot in the unfortunate affair of Port Lincoln Proper, are gone to the Ngannityiddi tribe, living to the north-west of Coffin's Bay, in order to get them to revenge the death of Tubulta. They are bent upon hostilities against the white people generally, but have in particular threatened to spear Kungka, Yutolta and myself, the two former because they had lived so often among us, and me because I talked the native language, whereby the whites had become acquainted with them."

The native Utulta thought so seriously of the threat that he proposed to spear a woman of the hostile tribe. A threat in the estimation of the native is tantamount to the actual deed, so Utulta was going to have his revenge first. Mr. Driver, in forwarding that letter to the Colonial Secretary, stated that Utulta was staying with the missionary (Mr. Schurmann) at Happy Valley. He also said he had received a memorial from the residents on the same subject for transmission to His Excellency the Governor, which he did by enclosing it with his letter, at the same time saying, "tho' in the prayer of the memorialists I by no means concur."

MEMORIAL TO GOVERNOR

The memorial, which is dated October 4, 1842, is too long to print. It forms an enclosure to Docket No. 757 of 1842 of the Colonial Secretary's Office. I think it is in the hand writing of either Mr. Henry Houston or Mr. H. C. Hawson. It is a wonderfull bit of penmanship. Whichever one wrote it signed the other's name to the memorial. The contexts of the memorial are :

Thanks to the Governor for so promptly sending military and police forces in the previous April; that during the winter months the settlers felt a certain amount of security, owing to the known habits of the natives to re-main close to their winter "wurleys," but that the settlers apprehended that with the approach of fine weather hostilities would be renewed ; that some natives from time to time visited the settlement doubtless as spies ; that Utulta had come in "10 days since " and informed the authorities he had seen a horse and some dead cattle some days' journey in the country, supposed to have belonged to Mr. Dutton ; that the Coffin's Bay and Port Lincoln tribes had coalesced for the purpose of murdering all the whites ; that these two tribes were endeavoring to prevail upon another tribe to join them ; that the natives laughed at the white man's guns, considering their spears were much better, and they felt confident that before many moons were passed not one white person would be left alive in Port Lincoln. The memorialists prayed that the detachment of soldiers be brought up again to its original strength ; that some of them be stationed at the different farms ; that a "few stands of arms" be lent to the settlers. Thirty two signatures are appended to the document. Among the signatures are David Jones ; T. B., G., Hy. and Hy. C. Hawson ; Jm. Bishop ; E. Underwood ; Edward McEllister ; William Light ; J. Brown ; George Stuart and James Owen. The names G. Neander and Gottfried Kappler, are written in the same handwriting, afterwards ascertained to have been appended by Mr. Schurmann.

GOVERNOR'S REPLY

His Excellency gave instructions under date November 4, 1842, that the memorialists were to be advised that he could not comply literally with the prayer, but he would send the Commissioner of Police with instructions to secure if possible the native murderers, so as to deter the aborigines from a repetition of their past acts of violence. It was the province of the police to maintain order and not the military, although the Government might unfortunately on some occasions find it necessary to call upon the military to aid the civil power.

In the previous series of articles it was shown how the promise to send the Commissioner of Police over was carried out, and the result of the expedition was dealt with. It will be remembered that on arrival at Port Lincoln on November 10, 1842, Major O'Halloran found that Mr. Driver was away on an expedition, but returned on the afternoon of that day. The official details of that trip can now be given.

On November 12. 1842, the Government Resident advised the Colonial Secretary that he had "left Port Lincoln on the 7th inst. with six police constables at present here, Mr. Charles Hawker, Mr. Schurmann and the native Utilta (sic) to apprehend the aborigines who murdered Messrs. Brown, Biddle and others some months since, and that an the 9th inst. I succeeded, without having to resort to violence in capturing two individuals, who were clearly identified as participators in the murder of Mr. Biddle and his servants."

This report reminds one of the report submitted by a junior railway Officer (who had been admonished for his prolixity) on his next accident. He wired his senior : "Off again, on again, away again, Monaghan."

NATIVES COMMITTED FOR TRIAL

The two natives arrested would be Nultia alias Buckandeer and Moullia. These two were brought before the local court on November 11 and remanded to November 23, when they were committed for trial in Adelaide. Other references were made to this short expedition in the previous article dealing with Major O'Halloran's arrival at Port Lincoln. We also learned that Nultia was executed at Long Pond (evidently Long Ham as previously written was wrong. Long Pond seems a more reasonable term and may now define the site of Biddle's station). Moullia eventually was released.

The Governor made no comment on the terseness of the report, but advised the writer that he was "much gratified that Mr. Driver should have succeeded in apprehending two of the participators in the murder ..... without having been compelled to have resource to violence." Later on the Governor had occasion to thank Mr. Driver and the other gentlemen who so ably aided the Commissioner of Police, to which letter Mr. Driver replied, " I beg to assure His Excellency that I heartily appreciate the honor thus conferred on me and them." Mr. Driver wrote on March 9, I843, for the information of His Excellency, particulars about the blacks' raid on the late Mr. Brown's station where the shepherds of the late Mr. Biddle were tending sheep. Reference was made to this previously. Mr. Driver adds that the aborigines in great number had almost surrounded the station, "shaking their spears and making other hostile demonstrations." After the employes left the hut, the natives entered and rifled it.

Mr. Driver seemed to have recognised that the whites were somewhat to blame, for he wrote : " The station in question is extremely unsafe as regards situation, and building material of the hut, and that the utter neglect of preventive measures on the part of the shepherds appear to me to have been the cause of this aggression by the natives."

By instruction of the Governor, Mr. Driver was immediately advised that in case of there being any applicants for the station they were to be warned of the danger that they would incur in occupying this particular run.

SENTENCED TO DEATH

Nultia and Moullia were tried at the Criminal Court session on March 23, 1843, found guilty and sentenced to death. The sentence was ordered to be carried out at Port Lincoln, as regards Nultia. The Governor, exercising his prerogative, reprieved Moullia. Mr. Driver was to fix the site for the execution. The Governor directed that the arrangements for the execution were to be made as impressive as circumstances would allow. The soldiers were being relieved at the time. The new relief sent over would, in addition to the old detachment, make a good show. As many police as could be spared were also to be present.

When writing the previous series of articles, it was not at all clear why Moullia was sent from Adelaide, but we now get the reason : "In case his presence at Port Lincoln might be thought by you likely to be useful in communicating with the other natives. His Excellency will leave it to you" wrote the Colonial Secretary ''to retain Moullia in custody at Port Lincoln or to send him back to Adelaide, as you may conceive it advisable. His Excellency would wish it impressed upon the minds of the natives that Nultia was made to suffer death because it was clear that he had assisted in the late murders, but that Moullia's guilt was not so clear, and therefore, the Governor reprieved him."

Mr. Driver, under date April 7, 1843, advised the Colonial Secretary that the instructions had been carried out, the two prisoners were taken out to Biddle's station on April 6, guarded by eight of the military and four police, and at 8 o'clock on April 7, tho sentence against Nultia was carried out. The body was afterwards brought into Port Lincoln and buried within the precincts of the gaol. Although Mr. Schurmann was advised to get as many of the natives assembled as possible, only two free natives viewed the execution, but Mr. Driver thought it probable that the scene was witnessed by many more screened by the scrub.

Mr. Driver decided to keep Moullia for some little time, hoping Mr. Schurmann might be able to make use of him. By May 1, Moullia's family had net been induced to enter the settlement. Mr. Schurmann found it difficult to make Moullia understand his position; he and others considered that having been exempted from similar sentence as Nultia, he should be freed. It was apparently a case of entirely guilty or not guilty — no half measures. Mr. Driver wrote : " As far as I am enabled to judge, the measures taken with regard to Nultia and Moullia have had a decidedly beneficial effect on the minds of the natives generally."

(Another Instalment Next Week.)