of blacks also
speared him. Long Bill came up and shot him with a ball. Jacky
Jacky said to Cosgrove: 'Plenty gammon; I must kill that black boy.'
Little Tommy belonged to the Port Fairy tribe, which had always been
fighting with Jacky Jacky's tribe."
"It's all gammon," said Jacky Jacky, "borack me, its another
blackfellow."
"Jacky Jacky, when with the dray, spoke his own language which I did
not understand. I was not a friend of Little Tommy. I was not
afraid of the Port Fairy tribe. I am sometimes friend with Jacky
Jacky's tribe. If I met him at Yass I can't say whether I should
spear him or not; they would kill him at the Goulburn River if he
went there. Blackfellow not let man live who committed murder."
Are the aboriginals amenable to British law? Question argued by
learned counsel, Messrs. Stawell and Barry.
His Honor the Resident Judge said: "The aboriginals are amenable to
British law, and it is a mercy to them to be under that control,
instead of being left to seek vengeance in the death of each other;
it is a mercy to them to be under the protection of British law,
instead of slaughtering each other."
Jacky Jacky was found guilty of "aiding and abetting." The
principals in the murder were not prosecuted, probably could not be
found. Before leaving the court, he turned to the judge and said,
"You hang me this time?"
He only knew two maxims of British law applicable to his race, and
these he had learned by experience. One maxim was "Shoot 'em" and
the other was "Hang him."
There is abundant evidence to prove that an aboriginal legal maxim
was, "The stranger is an enemy, kill him." It was for that reason
Jacky Jacky killed Little Tommy, who was a stranger, belonging to the
hostile Port Fairy tribe.
Joshua and Neddy carried on the boiling down business successfully
for some time, regularly shipping tallow to Melbourne in casks, until
some busybody began to insinuate that their tallow was contraband.
Then Joshua took to carrying goods up the country, and Neddy took to
drink. He died at the first party given by Mother Murden at her
celebrated hostelry.
There were at this time about two hundred men, women, and children
scattered about the neighbourhood of New Leith (afterwards called
Port Albert), the Old Port, the New Alberton and Tarra Vale.
Alberton, by the way, was gazetted as a township before the "village"
of St. Kilda was founded. There were no licenses issued for the
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