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Collins, David, 1754-1810

"An Account of the English Colony in New South Wales, Volume 2"

Powell and his companions in this
horrid act were taken into custody, and, a court being convened, they
were tried for the wilful murder of two natives.
The evidence that was brought before the court clearly established that
the deceased had come to their death by the means of the prisoners; and
the members of it were unanimously of opinion that they were guilty of
killing two natives; but, instead of their receiving a sentence of
death, a special reference was made to his Majesty's minister, and the
prisoners were admitted to bail by the court.
The prisoners, in their defence, brought forward a crowd of witnesses to
prove that a number of white people had at various times been killed by
the natives; but, could these people have been sufficiently understood,
proofs would not have been wanting on their side, of the wanton and
barbarous manner in which many of them had been destroyed.
Entertaining doubts as to the light in which the natives were to be held,
the court applied to the governor for such information as he could
furnish upon this subject; and he accordingly sent them the orders which
from time to time had been given respecting these people, and a copy of
an article in his Majesty's instructions to the governor, which in strong
and express terms places them under the protection of the British
government, and directs, that if any of its subjects should wantonly
destroy them, or give them unnecessary interruption in the exercise of
their several occupations, they were to be brought to punishment
according to the degree and nature of their offence.


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