'I have had a tolerable knowledge of the country, but I had no idea, until I came to try this case, what a state of things existed in the locality mentioned in depositions—a state of things probably unparalleled in the history of New South Wales.
'I should not have thought it possible that six or seven hundred men could camp on a main stock route, by a navigable river, for the purpose of preventing honest men going to work, much less could capture, bind them as prisoners, and hold them as such.
'Let any one contemplate what may follow if this kind of thing is permitted. There would be an end of liberty and safety; but the law exists for the protection of all, whether high or low, in the community, and those who take part in proceedings of this kind must expect to have every man's heart hardened against them. If a man's liberty were interfered with, if his life were threatened by overwhelming numbers, he and every other honest man is entitled to protect himself by taking the lives of those who come upon him. This, in law, is termed justifiable homicide; on the other hand, if lawless persons take life, they are guilty of murder.
'Having explained the law on intimidation, I will pass on to the circumstances more immediately surrounding the case. It is proved beyond doubt that the Dundonald steamer was deliberately and wilfully set on fire by the prisoners and others. If any person had perished in the flames by their act, or if, when shooting at the vessel, any of the crew or passengers had been killed, they would now be on their trial for murder.
'As it is, they have, most properly, been found guilty of arson by the jury, a crime punishable, under Victoria No. 89, section 6, with imprisonment with hard labour, and solitary confinement.
'I accordingly sentence Samson Dawker, who has been referred to as the "President," and Jeremiah Abershaw, to three years' imprisonment with hard labour, and periods of solitary confinement, both to be served in Berrima Gaol. The other prisoners do not appear to have been so actively employed in these unlawful, demoralising acts. They are therefore sentenced to two years' imprisonment only, with hard labour. I cannot conclude my remarks without stating that I fully agree with the verdict of acquittal by the jury in the case of William Hardwick, who might have been deprived of his liberty by a conspiracy of unprincipled persons, had not the jury rightly discriminated as to the manifest unreliability of the evidence against him. He therefore is enabled to leave the Court, I have pleasure in stating, without a stain upon his character.'
Regina v. Stoate.
Charged with Arson.
'May it please your Honour,' said the Crown Prosecutor, 'the prisoner before the Court is charged with wilfully and maliciously setting fire to the grass of the Tandara Run. I purpose calling the arresting constable and the manager, Mr. Macdonald; also the aboriginal Daroolman, who is exceptionally intelligent. The case will not be a lengthy one. Call Senior Sergeant Kennedy.'
'My name is John Kennedy, Senior Sergeant of the New South Wales Police Force, stationed at Dilga, on the Darling. I called at Tandara station on duty. I there saw Mr. Macdonald, the manager. He remarked that there had been no rain for a month, and the grass was very dry. He requested me to accompany him a few miles on the up-river road. He mentioned that a man named Stoate had left shortly before, having been refused rations, threatening "to get square with him." He considered him a likely person to set fire to the Run, and was just going to track him up.
'I agreed, and put my black boy on the trail. After riding two or three miles, the boy pointed to the tracks leaving the road and making towards a sandhill. We rode fast, as we saw smoke rising. The aboriginal said "that one swaggie makum fire longa grass, me seeum lightem match." We saw a man kneeling down, and galloped towards him. Apparently he did not hear us coming; as he looked up he seemed surprised. The grass around him had just ignited and was burning fiercely. There was no wood near. Mr. Macdonald seized him by the arm, saying, "You scoundrel! You're a pretty sort of delegate! I thought you were up to some mischief." Prisoner seemed confused and unable to say anything. The black boy picked up a brass match-box, half full of wax matches; also a half-burned wax match. The match-box (which I produce) had J. S. scratched on one side. Prisoner declined to say anything, except that he was going to boil his billy. There was no wood, nor any trace of roadway in the vicinity. I arrested him on the charge of setting fire to the Tandara Run. He made no reply. On searching him I found the cheque referred to in my former depositions, it was drawn in favour of William Hardwick for £55: 17s., also a knife, two sovereigns, and some small articles. I conveyed him to the lock-up at Curbin, where he appeared before the Bench of Magistrates, and was committed to take his trial at the next ensuing Assize Court. We put out the fire with difficulty; if it had beat us it might have destroyed half the grass on the Run.'