AFTERMATH

When William Hobbs returned to the Myall Creek station he was horrified when Davey took him up to the massacre site where he found the dismembered corpses of his Weraerai friends which had been thrown onto a fire and largely burnt. Hobbs sorted through the remains to try to determine how many had been killed. He counted twenty eight including many children and babies.

Hobbs questioned Anderson and Kilmeister about the massacre and Kilmeister denied any involvement while Anderson was hesitant at first to say to much. Kilmeister initially persuaded Hobbs not the report it and convinced Hobbs he wasn’t involved .but when nearby squatter Frederick Foote rode off to Sydney to report it, Hobbs reported it to his employer Henry Dangar and to the authorities.

When the new Governor, Sir George Gipps was informed of the massacre, he immediately ordered an investigation and the arrest of those involved.

The Investigation

Police Magistrate Edward Denny Day carried out the investigation and with a group of troopers rode into the Myall Creek station on Saturday 28th July, 1838. Hobbs took him up to the massacre site but the mutilated remains had been removed and the area swept clean. They found the burnt grass where the fire had been and a few small bone fragments but that was all that remained.

On returning to the huts Day questioned Anderson who at first remained reluctant to provide much information at all. Ultimately however, following Day’s promise to protect him from the perpetrators, Anderson provided a fully detailed account of what he had seen and named several of those involved including Fleming and Russell. He also confirmed Kilmeister’s involvement much to Hobbs’s bitter disappointment.

Day and his troopers rode around the district as he continued his investigation and arrested those involved. He finally arrested all but John Fleming, the squatter. Fleming being the only free man involved was able to flee the district. Anderson then had the intimidating task of, one by one, identifying all eleven others. Courageously he did so and Day took them all down to Sydney to stand trial. He also took Anderson down, keeping him in protective custody to ensure the safety of his star witness. Meanwhile Henry Dangar sacked Hobbs for his part in reporting the massacre.

The Trials

When the perpetrators arrived in Sydney for their trials, there was an enormous uproar from a large section of society including various newspapers. Key among them was the Sydney Herald which was part owned by wealthy squatter, Robert Scott. They took the view that it was ridiculous that white men should stand trial for killing a few blacks. Many believed that the Aborigines were pests and “lawless savages” who needed to be driven off the land so the colony could continue to expand unhindered.

To defend the perpetrators of the massacre, the squatters, including Henry Dangar, raised money to retain three of the best barristers in the colony, Messer’s Foster, Windeyer and a’Beckett.

The first trial took place on 15th November 1838 at the Supreme court on the corner of Elizabeth and King Streets before Justice John Dowling. Leading the prosecution was the Attorney General, John Plunkett and the key witness was George Anderson. Despite hearing evidence late into the night, the jury took just fifteen minutes to return a verdict of “Not Guilty.” Plunkett, however, was not satisfied with this and had the prisoners remanded in custody to stand trial again on a separate set of charges arising from the massacre.

The second trial took place on the 29th November 1838 before Justice Burton. This time only seven of the eleven men stood trial as Gipps and Plunkett had hoped that one of the others would give evidence against those on trial. They did not, however, and once again George Anderson was the key witness. This time after Plunkett completely destroyed the credibility of Henry Dangar under cross examination, the jury returned a verdict of “Guilty.”

On 15th December Justice Burton passed sentence on the “Guilty” seven, placing a black cap on his head and finishing with the words;

“….order that you and each of you be removed to the place from whence you came and thence to a place of public execution and that at such time as his Excellency, the Governor shall appoint, you be hanged by the neck until your bodies be dead and may the Lord have mercy on your souls.”

On 18th December 1838, Charles Kilmeister, John Russell, Edward Foley, John Johnstone, James Parry, James Oates and William Hawkins were hanged for their roles in the Myall creek Massacre.

Charges against the other four were not pursued and they returned to their stations while John Fleming was never charged despite becoming a very public figure.