Investigation Into Brown's Death

By J. D. Somerville

Port Lincoln Times (SA : 1927 - 1954), Friday 3 April 1936, page 3

We now have the rare occurrence of a coroner himself giving evidence to the jury. James Benjamin Harvey stated that he was a surgeon, and at the desire of the jury he had examined the body of Mr. Brown. He found eight spear wounds on the left side and back. Six had pierced the lungs, and two had reached the ribs. He found a piece of a spear 1½ inches long on one of the ribs. On the face and head he found several contused wounds. These were made buy a heavy blunt instrument. A wound was over the left eye, and the left cheek and the left lower jaw were fractured. There were no signs of shot or shot marks on any part of the body ; of this he was certain. There was a spear wound above the wrist of the right arm. Either of the wounds which pierced the chest was sufficient to disable him so that the natives could overcome him. The wound on the face and jaw would have killed him. The verdict returned was "wilful murder against some person or persons unknown." It will be noticed the jury left an open verdict against either white or black.

The boy Lovelock was missing, and no word had as yet been received from the blacks. Presumably as coroner, Dr. Harvey ordered the body to be buried and so "at 6 p.m. I read the funeral service over him," wrote Dr. Harvey. Returning to Dr. Harvey's extracts:

He wrote that on "Saturday, March 5, at 7 a.m. much mystery hanging over the murder of Mr. Brown and the boy missing induced me to ride out to the station." Arriving there it was found that the natives had let the sheep out of the pen and scattered them. They were all recovered except eight. He searched for the hut-keeper, but could not find him. He then went to Mr. White's third station, where he learned that the natives daily assembled at the second station, that his hut-keeper had had several spears thrown at him, and that in consequence of these depredations Messrs. White had abandoned their second station. Station owners were sending into town for extra employes; even at high wages none were available. On his return to Port Lincoln, the doctor found two natives, who had come in to inform about the murders, and were prepared to tell the names of the murderers. They said where the body of the hut-keeper could be found.

NATIVES' VERSION

Their version of the murders was that the hut-keeper was killed first, and that Mr. Brown attacked them and afterwards speared him and finally killed him by beating him on the head with his gun. They said he fired at them but missed, and that he almost killed one native by knocking him on the head with the butt end of the gun. The native was taken away by his companions as dead, but he recovered. At 11 p.m. that night the shepherd and one policeman arrived in town, reporting having found the body of the boy on a site agreeing with the description given by the natives earlier. (Evidently the doctor did not stick to eight hours, working before 1 a.m. till near midnight.)

Sunday, March 6, was a busy day. Capt. Bishop, the late Mr. Brown's agent, had arranged with several others to go to the station to remove the sheep and effects, so the doctor went out as well. Taking advantage of the assemblage, he empanelled a jury, even though it was a Sunday, and held the inquest on the boy. The body had several marks of violence, the face being much beaten and fractured, a spear wound near the heart, and the left arm fractured. Apparently the only witness examined was the policeman Innes. The coroner in this report called Mr. Brown's station "Mount Gawler Station." Innes stated that he had been sent out to protect the property and search for the missing hut-keeper. The body was found at 5 p.m. on March 5, about 70 yards from the hut in the bed of the River Tod. A heavy stick of waddy would produce the bruises. There was a spear would near the heart. A pistol loaded with ball was lying at his feet with priming out. It had been snapped, but not not gone off. He felt satisfied that the boy was killed by the natives. A verdict of "Wilful murder against some native or natives unknown" was returned.

The versatile doctor-coroner then read the funeral service at 4 p.m. The lad was buried in the bed of the River Tod, a short distance below where he was found lying, and a great number of large stones laid over his grave." The doctor returned to Port Lincoln that night.

CITIZENS SEEK PROTECTION

It is not definite, but apparently the next day, a man named Middleton reported that the natives had attacked and attempted to spear him, on the road near Biddle's, from which place he was carting wheat, sheep and so on. He abandoned the cart, borrowed a saddle at Biddle's "to come to where we were,'' wrote the doctor, which I suppose was at Port Lincoln. Four of the settlers went out to bring in the cart. By this time "every person appears much alarmed," wrote the doctor who had received a requisition to call a public meeting to consider the situation and "for the purpose of taking into consideration the best means of protecting our lives and property."

A meeting was arranged for Tuesday, March 8, at 10 a.m. The doctor told the requisitionists that he had no power to hire a boat to send a despatch (memorial) to Adelaide, so they themselves hired a boat for £10. The prisoner would be taken across in that boat, and they hoped the Government would recompense them for that service. The next entry apparently for Monday, March 7, being exceedingly interesting, will be given in full : —

"Twelve o'clock, night, Mr. Dutton had just been here, and told me he has had a large tribe of natives at his station today — all painted red and evidently, bent upon attacking him. He recalled his flock, which was on the hill within hearing of gun report. He succeeded in capturing the leader of the tribe, 'Nantes.' This man, the two natives now in town told us, was the murderer of Mr. Brown and he confessed it to Mr. Dutton, and also told him how he and others beat him on the head and hands with their 'Medlers ' (or throwing sticks) and his gun. He could not be prevailed upon to wait in town until the police could catch their horses, and accompany him out. He rode in 30 miles since dark, and he wished to get out before daylight." Is it any wonder that Hails referred to Dutton as a '"dauntless man?" What a wonderful man he must have been, riding 60 miles in one night, over a rough stoney bush road bordered with trees and scrub and probably infested with natives. Brave and fearless! Elsewhere there has been no mention of Dutton running sheep or what became of them in the final clean up.

MOORPA SENT TO ADELAIDE

Late hours were no were no deterrent to the doctor in carrying out the duties he imposed upon himself. If he saw a thing had to be done, he did it, so although up until long alter midnight, 6.30 a.m. on Tuesday saw him at the police station, "dogging the sergeant to get away promptly with two constables." Three horses had been procured. Evidently before the police party was able to leave the township the native prisoner (Moorpa) had to be got rid of, so he was handed over to the master of a boat (Kangaroo ?) ready to sail. The master and mate were sworn in as special constables for the purpose.

The meeting arranged for Tuesday, March 8, was held. Dr. Harvey later on, when forwarding the memorial, the outcome of the meeting, disavowed any knowledge of it, and did not express any opinion thereon. He called the meeting, as asked, in his "capacity of acting magistrate, pro tem." He was elected chairman of the meeting, and to save time the meeting instructed him to sign the memorial on behalf of the inhabitants — a vessel was waiting to take the mail to Adelaide. Certainly not many were at the meeting, but it was quite a representative gathering of the civil population. Dr. Harvey said, "The whole of the inhabitants of Port Lincoln were present by themselves or their representatives." These present were Mr. H. C. Hawson, Capts. Bishop and Hawson, Messrs. Mattison, Owen, Kemp, Sidney, Middleton, Schumann and R. Smith, as well as Dr. Harvey in his official capacity. The memorial was entirely the production of "Hy. Hawson Esq.", so it was met that he should propose the resolution that the memorial be adopted. Capt. Bishop, seconded the motion, which was carried unanimously.

TEXT OF MEMORIAL

The memorial, which was addressed to "His Excellency George Grey, Esq., Governor," and was described as "The Memorial of the inhabitants of the Town of Port Lincoln and District of Eyria," stated that they were "loyal and dutiful subjects of Her Majesty, and firmly attached to the Government and constitution at Great Britain." They had embarked their means in the purchase of land and imported sheep, cattle, and other stock, that the first settlers made a point of opening friendly relations with the aborigines and had treated them with kindness and liberality, notwithstanding their propensity toward stealing, which lately had become so frequent as to alarm the memorialists.

They then went on to recount the prominent outrages committed by the blacks. Frank Hawson murdered in 1840 ; in the summer of 1841 all of Mr. Neander's potatoes were dug and stolen; Rush and M. Smith's houses were entered and provisions stolen ; at Dutton's station the fence of four acres of maize was set on fire and destroyed, also two huts burnt and many robberies committed ; at Biddle's station 500 sheep were driven away from the shepherd, his potatoes rooted up and taken and many articles stolen from his hut and within the five preceding weeks sheep had been driven away and speared ; at Messrs. Whites' three stations repeated attempts at robbery, one shepherd beaten and another had spears thrown at him, his hut completely emptied of contents and the hutkeeper threatened. The next paragraph is quoted in full ; possibly it has reference to the tale told by Hailes and narrated in the series of articles dealing with the death of Dutton.

"In the month of January last a man named Brown left Port Lincoln to go into the bush in search of employment and he has not since been heard of "; during the absence of Capt. Bishop in Adelaide the natives attempted to get into the store, on being forbidden, shook a spear at Mrs. Bishop — no white man was present ; Hawson's house at Kirton Point was surrounded and the inmates — females and children— threatened, in consequence of which and other recent outrages Mr. Hawson removed the whole of his family to his country station. The most recent act, they said, was the murder of Mr. Brown. They also pointed out that the police force consisted of one sergeant and two constables ; and the inhabitants have very inefficient means of defence and the inability to combine for mutual protection, the stations being so widely separated and even in town, the houses were so far apart, that house by house could be destroyed in detail. They prayed for a detachment of military and with about 25 stand of spare arms for arming the inhabitants to preserve "this fine district of the Province" and that they be not compelled to abandon the country by the feeling of its insecurity.

EARLY DAYS OF EYRE PENINSULA (1936, April 3). Port Lincoln Times (SA : 1927 - 1954), p. 3. http://nla.gov.au/nla.news-article96724501