Page:History of Australia, Rusden 1897.djvu/622

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-594 KILLING A NATIVE. ATRIAL, DR. WARDELL. 4 The murder of Jackey Jackey, whieh Governor Darling confessed it was impossible to "subscribe to as a measure of justillable policy/' had been perpetrated with little or no attempt at concealment* Thomas Farnham delivered Jackey Jackey to Lieut. Lowe one evening, and if his evidence, afterwards given, was true, heard Lowe oo the following morning order that the prisoner, without trial or investigation, should be shot. Another man said he saw Jackey Jackey tied to a tree and shot. Both witnesses concurred in the statement that three soldiers having fired, the fourth stepped up and put the poor creature out of his misery. The body was buried by two men m obedience to I the order of a sergeant. The constable was mterrogated by a magistrate (Mr. Close, late of the 48th Eegt.}, and con- ^J cealed the fate of the prisoner. ^M Lieut. Lowe's absence postponed inquiry for a time; but ' knowledge shared by so many persons could hardly be stifled. Two men, to remove means of proof, removed the body of the murdered man. The man who had buried it saw them do so, and consented not to tell the troth unless put upon oath. It was not until May 1827 that Lieut, Lowe was put upon Ins trial in Sydney before a military jury. Dr. Wardell defended him, and contended tbat the Court had no jurisdiction to try a British subject for an offence against a native. A native was neither entitled to be tried before the Criminal Court as a British subject, nor to a jury tU mediettite Imgiim as a foreigner. He was beyond the pale of all law, and the inference was that no atrocity against him was punisiiable. Chief Justice Forbes overruled such wild words, and the trial proceeded. Witnesses for the defence contradicted portions of the evidence. The Chief Justice told the jury that there was some mystery in the case, but much was open to conjecture. None of the witnesses had been uncontradicted, and all had at different times made different statements. If the jury believed that Lowe had acted as was imputed, they would find him guOty; if they had any doubt arising as to the credibility of the witnesses, they would give the prisoner the benefit of the doubt. They did so by retiring for a few minutes, and retuinrng mfti % ^^idkt of Not Guilty. y