Murder at Myall Creek
Page 27
8 Sydney Morning Herald, 17 August 1895.
9 Because the chalice is in very poor condition, it is not on display. However, the vestments are in excellent condition and are on public display in a glass cabinet within the Cathedral. The whereabouts of the watch is unknown.
10 Section 116.
11 In 2015, it was ranked 45th in the QS World University rankings. Sydney University graduates have been ranked the most employable in Australia and 14th most employable in the world.
12 See for example Rebecca Wood, ‘Frontier Violence and the Bush Legend: The Sydney Herald’s Response to the Myall Creek Massacre Trials and the Creation of Colonial Identity’, History Australia, 2009, volume 6, number 3, Monash University Press.
13 Molony, page 155.
14 RHW Reece, Aborigines and Colonists: Aborigines and Colonial Society in New South Wales in the 1830s and 1840s, Sydney University Press, 1974, page 140.
15 Tony Earls, ‘The Opportunity of Being Useful: Daniel O’Connell’s influence on John Hubert Plunkett’ in LM Geary and AJ McCarthy (eds), Ireland, Australia and New Zealand: History, Politics and Culture, 2008 page 173.
16 For lengthy but still incomplete lists of massacres, see: https://en.wikipedia.org/wiki/List_of_massacres_of_Indigenous_Australians and http://treatyrepublic.net/content/history-australian-aboriginal-massacres
17 WE Plunkett had been the Under Secretary of the Department of Justice and Public Instruction. See his obituary in the Sydney Morning Herald on 19 May 1894, page 15.
18 17 August 1895, page 15.
19 Vault 42.
20 Earls, page 215.
21 The Francis Forbes Society for Australian Legal History.
22 There is a Lawry Plunkett Reserve and the adjoining Plunkett Street in Mosman, but the identity of this person remains unknown.
23 King’s letter to the editor, Atlanta Constitution, 6 August 1946.
24 King spoke against the Vietnam war at a time when liberals had not yet come to criticise it. He fought against poverty of any kind.
Chapter 19
1 Christine Jones, Murderer to Magistrate, unpublished manuscript, 2009.
2 Ebenezer.
3 See the article by Marie Turnbull in Clan Turnbull Ebenezer Newsletter, volume 4 number 2, July–August 2012, page 4. The article is available at: http://turnbullclan.com/tca/newsletters/ebenezer/2012_v03_n02_july-august.pdf. The author is of the opinion that the story of Fleming’s avoidance of arrest is likely to be as inaccurate as his account of the killings themselves.
4 Barry Corr, ‘Window with a Dark Past’, Hawkesbury Gazette, 10 June 2015, page 24. See Barry Corr, ‘Pondering the Abyss: A study of the language of settlement on the Hawkesbury Nepean Rivers’, 2013. Available online at www.nangarra.com.au.
5 Windsor and Richmond Gazette, 25 August 1894, page 6.
6 See the Queensland Parliament website: https://www.parliament.qld.gov.au/members/former/bio?id=2042567882
7 Bert E Weston, ‘William Hobbs’, Illawarra Historical Society Bulletin, November 1985, page 68.
8 See Len Payne, ‘The Myall Creek Massacre’ and ‘An Interview with Len Payne, Bingara NSW, 27 June 1994’ referred to in Patrick Collins, Goodbye Bussamarai: The Mandandanji Land War, Southern Queensland, 1842–1852, self-published by the author. See also: http://www.goodbyebussamarai.com/page9.htm.
9 See Payne, pages 9–10.
10 ‘Bridge Over Myall Creek’, Australian Story, ABC TV, 26 July 2001.
11 Ibid.
12 Ibid.
13 Armidale Express, 7 June 2013.
14 Bruce Kercher, ‘Decisions of the Superior Courts of New South Wales, 1788–1899’, Macquarie University. For the homepage see: http://www.law.mq.edu.au/research/colonial_case_law/nsw/site/scnsw_home/
15 Ex parte Nichols (1830)1 Legge 123 at 133.
16 Matthew Da Silva, ‘Aboriginal Massacre Site Commemorated’, Australian Geographic, 15 November 2010.
17 http://www.myallcreek.info/index.php/massacre-story
18 http://www.environment.gov.au/heritage/places/national/myall-creek
BIBLIOGRAPHY
John Hubert Plunkett
Tony Earls, Plunkett’s Legacy: An Irishman’s contribution to the Rule of Law in New South Wales, Australian Scholarly Publishing, 2009.
John Molony, An Architect of Freedom: John Hubert Plunkett in New South Wales, 1832–1869, ANU Press, 1973.
Myall Creek massacre
Court transcripts concerning the Myall Creek massacre trials:
• R v Kilmeister (No 1) [1838] NSW SupC 105
http://www.law.mq.edu.au/research/colonial_case_law/nsw/cases/case_index/1838/r_v_kilmeister1/
• R v Kilmeister (No 2) [1838] NSW SupC 110
http://www.law.mq.edu.au/research/colonial_case_law/nsw/cases/case_index/1838/r_v_kilmeister2/
• R v Lamb [1839] NSWSupC 6
http://www.law.mq.edu.au/research/colonial_case_law/nsw/cases/case_index/1839/r_v_lamb/
‘Australian Aborigines: Copies of extracts of despatches relative to the massacre of various Aborigines in Australia, in the year 1838, and respecting the trial of their murderers’, House of Commons Parliamentary Papers (UK), 1839.
Patrick Collins, ‘Goodbye Bussamarai: The Mandandanji Land War, Southern Queensland, 1842–1852’, self-published by the author.
Brian Harrison, ‘The Myall Creek Massacre’, in Isabel McBryde, ed., Records of Times Past: Ethnohistorical essays on the culture and ecology of the New England tribes, Australian Institute of Aboriginal Studies, Canberra, 1978.
Geoff Lindsay SC, ‘Aborigines, Colonists and the Law, 1838’, background paper for the Australian Legal History School Essay Competition, The Francis Forbes Society for Australian Legal History, 16 March 2007.
Haydn Marsh, ‘Native Tears: Conflict on the Colonial Frontier and R v Kilmeister (No 2)’, The ANU Undergraduate Research Journal, 2011, volume 3, page 97.
Leonard L Payne, ‘Papers on the Myall Creek Massacre, 1964–1979’, including ‘The Myall Creek Massacre – A Correlation of Known and Attested Facts from the Past and the Present Concerning the Infamous Myall Creek Massacre of 1838’, private manuscript. National Library of Australia, BibID: 102008, MS 9619.
Lyndall Ryan, ‘A Very Bad Business: Henry Dangar and the Myall Creek Massacre 1838’, presented to a Conference of the Centre of the History of Violence, University of Newcastle, 27 November 2008.
Contemporary accounts
Sir Roger Therry, Reminiscences of Thirty Years’ Residence in New South Wales and Victoria, (London, 1863), Sydney University Press, 1974.
William Westbrooke Burton, The State Of Religion and Education in New South Wales, London, J Cross, 1840.
‘An Interview with Len Payne, Bingara NSW, 27 June 1994’ by Patrick Collins, referred to in Patrick Collins, Goodbye Bussamarai: The Mandandanji Land War, Southern Queensland, 1842–1852, self-published by the author.
Collection of correspondence of Maria Plunkett and other miscellaneous documents, including the Plunkett family tree, Sisters of Charity, Sydney.
Colonial society
John Bradley Hirst, Freedom on the Fatal Shore: Australia’s First Colony, Black Inc, 2008.
Race relations
RHW Reece, Aborigines and Colonists: Aborigines and Colonial Society in New South Wales in the 1830s and 1840s, Sydney University Press, Sydney, 1974.
Brent Salter, ‘For Want of Evidence: Initial Impressions of Indigenous Exchanges with the First Colonial Superior Courts of Australia’, The University of Tasmania Law Review, 2008, volume 27, page 145.
Other massacres
Roger Milliss, Waterloo Creek: the Australia Day massacre of 1838, George Gipps and the British conquest of New South Wales, McPhee Gribble, Ringwood, Victoria, 1992.
Colin Tatz, ‘Genocide in Australia: By Accident or Design?’, Indigenous Human Rights and History: Occasional papers, Monash Indigenous Centre and Castan Centre for Human Rights, Monash University, 2011.
Law, evidence,
juries, prosecutors, lashings and the death penalty
John Braithwaite, ‘Crime in a Convict Republic’, 2001, volume 64 Modern Law Review, page 11.
Enid Campbell, ‘Colonial Legislation and the Laws of England’, 1965, 2 Tasmanian University Law Review 148.
Alex Castles, ‘The Reception and Status of English law in Australia’, Adelaide Law Review, 1963, 2 Adelaide Law Review 1.
See RH Helmholz & others, The Privilege Against Self-Incrimination – its Origins and Development, University of Chicago Press, 1997.
Rowena Johns, ‘Trial by Jury: Recent Developments’, NSW Parliamentary Library Research Service, Briefing Paper Number 4/05.
Amanda Kaladelfos, ‘The Politics of Punishment: Rape and the death penalty in colonial Australia, 1841–1901’, History Australia, 2012, volume 9, number 1, page 155.
Bruce Kercher, An Unruly Child: A History of Law in Australia, Allen & Unwin, 1995.
Jo Lennan and George Williams, ‘The Death Penalty in Australian Law’, Sydney Law Review, 2012, volume 34, page 659.
Isobelle Barrett Meyering, ‘Abolitionism, Settler Violence and the Case Against Flogging, A Reassessment of Sir William Molesworth’s Contribution to the Transportation Debate’, History Australia, Volume 7, Number 1, 2010, Monash University ePress.
David Neal, The Rule of Law in a Penal Colony: Law and Power in Early New South Wales, Cambridge University Press, 1991.
David Plater & Sangeetha Royan, ‘The Development & Application in 19th Century Australia of the Prosecutor’s Role as a Minister of Justice: Rhetoric or Reality?’, 2012, volume 31, University of Tasmania Law Review 78.
Russell Smandych, ‘Contemplating the Testimony of “Others”: James Stephen, The Colonial Office, and the Fate of Australian Aboriginal Evidence Acts, Circa 1839–1849’, 2004, Australian Journal of Legal History, volume 8, page 237.
Dr Gregory D Woods, A History of Criminal Law in New South Wales: The Colonial Period, 1788–1900, Federation Press, 2002.
Newspapers
Rebecca Wood, ‘Frontier Violence and the Bush Legend: The Sydney Herald’s Response to the Myall Creek Massacre Trials and the Creation of Colonial Identity’, History Australia, volume 6, number 3, 2009, Monash University ePress.
Education
Alan Raphael Barcan, ‘Opinion, Policy and Practice in NSW Education, 1833–1880; The Development of an Educational Tradition’, thesis submitted for the Degree of Doctor of Philosophy at the Australian National University, December 1962.
Joseph Burke, ‘The Contribution of John Hubert Plunkett to Education in the State of New South Wales, 1832–1869’, BA (Hons) thesis, University of Sydney, 1961.
Religion
Monsignor CJ Duffy, ‘The Incident of the Moving of the Bible at Saint Vincent’s Hospital, Sydney, 1859’, Journal of the Australian Catholic Historical Society, volume 3, number 3, 1971, page 62.
Pastoral properties
AJ (Bert) Howard, ‘Bingera Run’, Australian Origins and Heritage Library, 2012. See http://www.bingara.com.au/files/uploaded/file/Bingera_Run_2012.pdf.
Governors
Max Waugh, Forgotten Hero: Richard Bourke, Irish Governor of New South Wales, 1831–1837, Australian Scholarly Publishing, Melbourne, 2005.
Hazel King, Richard Bourke, Oxford University Press, Melbourne, 1971.
Pioneers
Russell Mackenzie Warner (ed), ‘Over-Halling the Colony: George Hall Pioneer’, Australian Documents Library, Southwood Press, Sydney, 1990.
General historical references
Historical Records of Australia, Series 1, ‘Governors’ Dispatches to and from England’, Volume XVII, 1833–June 1835, the Library Committee of the Commonwealth Parliament, 1923.
Alan Atkinson and Marian Aveling (eds), Australians 1838 Fairfax, Syme & Weldon Associates, Sydney 1987.
John Ross (ed), Chronicle of Australia, Chronicle Australasia Pty Ltd, 1993.
Numerous contemporary newspapers, especially the Sydney Chronicle, The Sydney (Morning) Herald and The Australian.
MURDER AT MYALL CREEK – THE TRIAL THAT DEFINED A NATION
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National Library of Australia Cataloguing-in-Publication entry
Creator:
Tedeschi, Mark, 1952- author.
Title:
Murder at Myall Creek/Mark Tedeschi.
ISBN:
9781925456264 (paperback)
9781925456271 (ebook)
Subjects:
Plunkett, John Hubert, 1802–1869
Fleming, John Henry
Myall Creek Massacre, 1838.
Trials – New South Wales – Myall Creek.
Aboriginal Australians – Crimes against – New South Wales – Myall Creek.
Massacres – New South Wales – Myall Creek.
Aboriginal Australians – New South Wales – Myall Creek – History – 19th century.
Australia – Law and legislation – History – 19th century
Myall Creek (N.S.W.) – History – 19th century.
Australia – History – 19th century
Dewey Number:
305.89915
Cover design: Christabella Designs
Cover image: CHAINFOTO24/Shutterstock
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