Jacky Jacky was charged with aiding and abetting Long Bill to murder little Tommy.  He said: 

“Another one blackfellow killed him, baal me shoot him.”

The court received his statement as equivalent to a plea of “Not guilty.”

Witness Billy, an aboriginal, said: 

“I was born about twenty miles from Sydney.  If I don’t tell stories, I shall go to Heaven; if I do, I shall go down below.  I don’t say any prayers.  It is the best place to go up to Heaven.  I learnt about heaven and hell about three years ago at Yass plains when driving a team there.  Can’t say what’s in that book; can’t read.  If I go below, I shall be burned with fire.”

Billy was sworn, and said: 

“I knew Jacky Jacky and Cosgrove, the bullock driver.  I know Fyans Ford.  I know Manifolds.  I went from Fyans Ford with Cosgrove, a drove of cattle, and a dray for Manifolds.  I knew Little Tommy at Port Fairy.  He is dead.  I saw him dying.  When driving the team, I fell in with a lot of blacks.  They asked me what black boy Tommy was; told them my brother.  They kept following us two miles and a half.  Jacky Jacky said; ’Billy, I must kill that black boy in spite of you.’”

Jacky Jacky said sharply, “Borack.”

“Jacky Jacky, who was the king, got on the dray, and Little Tommy got down; a blackfellow threw a spear at him, and hit him in the side; the king also threw a spear, and wounded him; a lot of blacks also speared him.  Long Bill came up and shot him with a ball.  Jacky Jacky said to Cosgrove:  ‘Plenty gammon; I must kill that black boy.’  Little Tommy belonged to the Port Fairy tribe, which had always been fighting with Jacky Jacky’s tribe.”

“It’s all gammon,” said Jacky Jacky, “borack me, its another blackfellow.”

“Jacky Jacky, when with the dray, spoke his own language which I did not understand.  I was not a friend of Little Tommy.  I was not afraid of the Port Fairy tribe.  I am sometimes friend with Jacky Jacky’s tribe.  If I met him at Yass I can’t say whether I should spear him or not; they would kill him at the Goulburn River if he went there.  Blackfellow not let man live who committed murder.”

Are the aboriginals amenable to British law?  Question argued by learned counsel, Messrs. Stawell and Barry.

His Honor the Resident Judge said:  “The aboriginals are amenable to British law, and it is a mercy to them to be under that control, instead of being left to seek vengeance in the death of each other; it is a mercy to them to be under the protection of British law, instead of slaughtering each other.”

Jacky Jacky was found guilty of “aiding and abetting.”  The principals in the murder were not prosecuted, probably could not be found.  Before leaving the court, he turned to the judge and said, “You hang me this time?”

He only knew two maxims of British law applicable to his race, and these he had learned by experience.  One maxim was “Shoot ’em” and the other was “Hang him.”