1 8 oo.] 



OF NEW SOUTH WALES. 



5 2 3 



The Governor, on being made acquainted with this circumftance, 

 immediately fent to the place, where, buried in a garden, the bodies 

 of thefe unfortunate boys were .found, ftabbed in feveral places, with 

 their hands tied, as has been defcribed. Powell and his companions 

 in this horrid act were taken into cuftody ; and, a court being con- 

 vened, they were tried for the murder; when the court were unani- 

 moufly of opinion, that they were " guilty of killing two natives 

 but inftead of their receiving a fentence of death, a fpecial reference 

 was made to his Majefty's minifter, and the prifoners were admitted 

 to bail by the court. Thefe, in their defence, brought forward a 

 croud of witneftes to prove that a number of white people had at va- 

 rious times been killed by the natives ; but could thefe people have 

 been fufficiently underftood, proofs would not have been wanting, on 

 their fide, of the wanton and barbarous manner in which many of them 

 had been deftroyed. 



Entertaining doubts as to the light in which the natives were to be 

 held, the court applied to the Governor for fuch information as he 

 could furnifh upon this fubjecT: ; and he accordingly fent them the 

 orders which from time to time had been given refpecYing thefe peo- 

 ple, and a copy of an article in his Majefty's inftru£tions to the Go- 

 vernor, which in ftrong and exprefs terms places them under the pro- 

 tection of the Britifh Government, and directs, that if any of his 

 fubjects mould wantonly deftroy them, or give them unnecefTary in- 

 terruption in the exercife of their feveral occupations, they might be 

 brought to punifhment, according to the degree and nature of their 

 offence. 



In this inftance, however, the court were divided in their fenti- 

 ments refpe£ting the nature of the offence, and fubmitted the whole 

 bufmefs, with their doubts, to his Majefty's minifter. As they could 

 not fee their way diftin&ly, they certainly were right to apply for 

 afliftance ; but, as it was impoftible to explain to the natives, or caufe 

 them to comprehend the nature of thefe doubts, it was to be expected 

 that they would ill brook the return of the prifoners to their farms 



3 x 2 and 



