Trial of Beevor's Native Murderers

On Monday and Tuesday, September 24 and 25, 1849, before Acting Justice Mann, Kulgutta was charged with the wilful murder of James Beevor — which name during the proceedings was altered to James Rigby Beevor — on May 3, 1849 and Neentulla (male) and Yabmanna (female), were charged with being accessories before the fact. Another account showed Neentulta as a principal. The Advocate-General represented the Crown and Mr. Bartley appeared for the prisoners. The charges, as outlined above, are those that the "South Australian Register" recorded ; the judges original notes show that the three were charged with the murder. Naturally spelling varies ; the judge has "Kulgalta" and "Nintalta." He shows Beevor's station as Torndo ; previously it was spelt Tornto.

Alexander Blucher Lodowick was the first witness (I may state that there is a great variety of ways that this name is spelt. In a memorial it appears almost as " Lodvick," but usually "Lodwick"' is the accepted one). The evidence shows that the witness went out with the sheep about 8 a.m., and on returning about 5 p.m. he found the dead and cold body of Beevor. He then described the condition of the body and the state of the hut, and gave a list or articles missing.

EVIDENCE OF THEFTS

He stated that he went to Mr. Peter's station 10 miles away, and in formed Mr. Roberts, the overseer, who sent for the police. The witness then returned to the station, arriving at 2 p.m. He then recounted the doings of the natives about the station. On arrival of the police, a search was made, and a rug and some flour and other articles were found in a wombat hole. Roger Rigby, said to be a police constable was the next witness (whether, he was a police constable or not I am unable to say, but his name is never mentioned among those of the police). He stated that he was a relative of Beevor, and had been in the colony four years. He was at the station on April 26, when some blacks were on the hill. Some or the prisoners were among them. That night the sheep were rushed and next morning a sheep was gone.

On May 1, the witness went to Port Lincoln and on the 14th returned to the station in company with two police constables. The body was lying dead outside the hut, and a great quantity of things had been taken away. Then followed a list which is too long to quote. He narrated the finding of some of the articles and the identification. He searched for the blacks, but they were gone.

A native "Billy Barlow" of another tribe assisted at tracking, and was the first to give advice about the murder. Thomas Horne said he followed some natives on May 28, and came upon 16 or 18 natives carrying bundles about three-quarters of a mile from his hut and recovered a lot of material which was afterwards handed to Inspector Tolmer. He captured some of the natives (one of whom died), eight or 10 escaped.

Alexander Tolmer, Commissioner of Police, was then called, and stated that he arrived at Mr. Horne's station, 120 miles from Port Lincoln, on June 7. On the 8th a party of police arrived. He then gave an account of his search, no mention being made of any natives being killed. James Geharty, corporal, was the next witness. He sent on a party of police with Mr. Rigby, while he proceeded to Price's with a letter from Mr. Driver to Messrs. Price and Peter. Delivering the letter to Mr. Price, he then went to Beevor's station.

COUNTRY SCOURED

He told of the examination of the body, and the following of the traces of the flour to the wombat holes. At the rear of the house there was a hill. Rigby and Pillilla (Billy Barlow) were with him. They then followed the tracks southward to a waterhole, thence toward Mount Drummond. He scoured the country all round, finding various articles until May 15, when the horses were knocked up. He had been 50 or 60 miles north of Beevor's station and then returned to the south and met the Coffin's Bay tribe. Geharty said the male prisoner belonged to the Anargetti tribe ; Yanmanna belonged to another.

James Young, who was shepherding sheep after Beevor's death, related how he arrested Nintalta on June 17, and handed him to the police that night. Pillalta stated that he had slept several nights at Beevor's station. Mr. Beevor sent him for a rope, and when he came back Mr. Beevor was alone. Mr. Beevor sent for someone else, and then Pillalta was sent for a horse by himself. When he left, Nipalta and his wife and boys and children were there. Pillalta returned after sundown and found Mr. Beevor speared. He then went to Warra (Mr. Peters station), and informed them of the death. He afterwards went with the police and found the tracks or Kulgalta and Nintalta, and recognised articles belonging to those natives. Pullurunya, another native — probably friendly — gave evidence. He stated that Kulgalta speared Mr. Beevor, and that Maltalga, Toortalta, Koorgulta. Nintalta and Miltalta struck Mr. Beevor with a yam stick. He was at Ninyana when the police were on the search. The police shot three dogs belonging to Malgalta. Mr. Bartley addressed the jury, and Acting Judge Mann summed up. The jury found the prisoners Kulgalta and Ninalta guilty, and Yabmanna not guilty. Death sentence was recorded. On October 24, the Council of the Government considered the sentence, and decided that the Lieutenant Governor should not be advised to pardon or reprieve the prisoners.

On September 25, 1849, Balilta (a male) and Puturpynter (a female) were charged with the murder of Mrs. Easton on May 7 of that year. We have only a short newspaper account of this trial, without even list of the witnesses. Mr. Easton detailed the manner in which he found his wife on the evening in question (but no details are rec-corded in the newspapers), she was speared in two or three places and his hut robbed. The property was traced to the possession of prisoners and their tracks were found in the hut and were tracked to the place in the scrub where they were captured by the police.

PRISONERS DISCHARGED

A native gave evidence that at the time of the murder Bakilta was outside cutting grass and that Malpita, another black not in custody, did the deed. On this evidence being given His Honor recommended that both prisoners be acquitted, so they were discharged. Bakilta was then charged with feloniously assaulting Alfred Henry Thompson in the Port Lincoln district on June 25, 1848. It appeared that Thompson was standing with Mr. Smith and another man, when the prisoner came up and threw a spear at each and then made off. By dodging, the whites evaded the spears. The verdict was " Guilty of common assault."

On Monday, September 24, 1849, Yarngalta (a male), Yabmanna and Niarao (female natives) were charged with stealing flour and other articles to the value of £15 on May 28 (Driver's report of July 1 quotes May 27). The Advocate-General appeared for the Crown and Mr. Bartley for the prisoners. The charge was altered from that at the preliminary hearing at Port Lincoln on July 2 before Messrs. Driver and Peter, J's.P. There Yarngalta was charged with having "feloniously and armed with offensive weapons, robbed Thomas Horne on May 27, 1849," while Yabmanna, Wirao (two women), Winnulu and Yalluma (two boys) were charged with being accessory before the fact. The following particulars are from the original depositions taken at Port Lincoln; records of these depositions are now filed in the Supreme Court archives.

STORY OF "MASSACRE."

At the preliminary hearing, Tolmer gave evidence of receiving various things from Horne, how he packed and sealed the parcel, and Roger Rigby testified to the identification of some of the things as having been at the hut two days before the murder of Beevor. But the principal evidence was that of Thomas Horne, who among other things said that he, the shepherd and the hutkeeper followed and overtook about 16 or 18 natives carrying bundles, in three quarters of a mile. On being seen, they stopped, gathered together and then four or five approached the white party. Horne approached them, whereon the natives threw two or three spears, but on a shot being fired by Horne they ran away.

The natives divided into two parties and Horne followed the party that went toward the sea. Then Horne in his evidence said : "When I came to the top of the cliff, I lost sight of them. I told the two men that were with me to stand at the top, while I jumped down the rocks to look for the natives, after going about twenty yards a spear passed by my head, I dropped on one knee and saw seven or eight natives above me, among them was Yarngalta, the prisoner, in a cave with a spear shipped ready to throw, I dropped under cover of a rock and called to the men to look out, I then looked out again and prisoner kept raising his spear as I raised my head. I shot him with No. 1 shot, he dropped his spear immediately. I saw he was covered with blood. I then returned to the top of the rock, I called out to them that if they would come out I would not shoot them. Two women came out first, four others afterwards, and I secured six of them, one of them was wounded and died, the other five I handed over to the police and they are now in court (i.e. at Port Lincoln J.D.S.). There were two natives killed besides the one mentioned. I saw one man fall into the sea after one of the men had fired. The other native killed was a lubra."

Horne then described the recovery of the stolen property. Apparently the natives buried the native that had died. After securing the six natives, three or four armed natives approached, most likely with the idea of rescuing the prisoners, who called out to them to keep off and they did so. The natives remained in, the neighborhood for some time. It is very gratifying to be able to record this evidence, for therein we get the kernel out of which the mythical massacre of blacks grew.

In the Supreme Court trial Horne added a few additional details. He said he went out at 7 a.m. with a flock of sheep, leaving James Brown and David Allen at the station and returned about 1 p.m. Horne followed the natives to a place where the cliff stood about 140 feet above the sea, he descended and in account of the steepness it was 20 yards before he could stop. Yarngalta was not hurt much. He said had Brown and Allen acted properly ; the natives could not have taken the property. Horne stated "he was a stranger and did not know that the women and children were under the complete control of the native men. It was possible that some other natives might have been at the cliff besides those who ran from the blundering party."

BLACKS GIVEN FREE HAND

James Brown admitted that he would not shoot any blacks. He picked up a gun and walked off; the hutkeeper followed him. Some distance off they fell in with a shepherd. They all returned and sent for Mr. Horne. The tent was cleared of everything of value. His Honor remarked that Brown thought the better part of valor was discretion. Under cross examination, Brown stated that he ordered the blacks away, but did not threaten to shoot them nor even present his gun at them. Allen made no demonstration to prevent the blacks taking the flour; he could not say that the prisoners were of the party. Mr. Bartley, in addressing the jury, pointed out the negligence shown by Brown and Allen in forsaking their property and leaving it exposed, inviting, as it were, the blacks to take it. The male prisoner was not proved to have been at the robbery, nor was he recognised among the robbers, when Horne fell in with them.

Under the circumstances, he contended that the prisoners should be acquitted. The Acting Judge summed up with his usual care. In the course of his remarks he said : "There was no doubt our habits differed greatly from those of the blacks, but we could not relinquish our certain rule for their (the blacks') uncertain rule. It would be better for all that the best rule should prevail." The jury found the prisoners guilty. Yarngalta was sentenced to two years.