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ALLEGED MURDER AT WALHALLOW STATION

EVERITT AND FAULK FACE

CHARGE

At the criminal sessions of the Supreme Court on Monday, before His Honor Judge Hallam and Jury, William John Everitt and William John Faulk were charged with the murder of Paddy, an abo- riginal at Walhallow Downs sta-

tion.

Mounted Constable White, sta- tioned at Anthony's Lagoon, stated an abo. named Nelson rode up to the police station on Alonday, Jan- uary 28th, and handed me a letter. 1 opened the letter and read it. It was signed by J. Everitt, stockman, Walhallow Downs station. I ques- tioned [Nelson on the Contents of the letter and as a result I pro- ceeded to Walhallow Downs

station on January 31st by motor" care accompanied by constable McCann, Mr. Nelson the manager of Brunette and Walhallow Downs staions ,and the abo. (Nelson). On

arrival I saw Everitt. Walhallow

Downs is forty miles north of Anthony's Lagoon. The homestead is of four rooms. - A meat house would be 20 yards away from the south west ..corner. The horse yards would be south (jabout 22 yards away. The big yards would be 300 to 400 yards away from the home- stead. There is another hut, the blacks' Camp. Ali buildings are inside a fence. Eighty yards from the fence there is an old goat yard with a gully in* between. There is a. creek on the western side and a bore and I went to where the grave was, about three quarters of a mile north and about 150 yards from the blacks camp. There is no timber between the yard and the house. The stock yard is between this and the yard. The house is the lower of the two positions. I saw the accused Everitt when I got out of the motor car. I said, "I received your letter; what's all the trouble about?" Ev- eritt replied, "We will go over here." We then went to the home- stead and joined the accused Faulk and John Black. I had a conver- sation with both accused, J. Black and a lubra (Molly). I took notes of the conversation. Everitt told me one of the boys (Paddy) had stolen some of the sweet potatoes out of the garden. He had been told so by the lubra Molly. When he spoke to Paddy about it Paddy had replied, "Don't talk rough to me." Paddy picked up a mosquito not 'peg and hit him (Everitt) three times across the legs and body with it. They both started wrestling then. Paddy got him down and was choking him and he called for help. Billy Faulk came out and pulled Paddy off. It took Faulk a minute to get Paddy off. Faulk helped him into his room

and Jack BJack followed» j{He did

not know what happened to Paddy after that." That was all that was said by Everitt at the time. Faux stated that he arrived at Walhallow

the morning before Everitt's arrival and was camped there when Ever- itt arrived. After dinner 1 heard Everitt ask Paddy what he was doing by taking sweet potatoes and Paddy replied, . "Don't talk rough to mc. Everitt sang out for help and I went outside and saw Paddy on top of him. I pulled Paddy ofi and gave him a kick and told him to get back to camp. He started for the camp and two dogs raced after him. I assisted Everitt to gel up. Blood was running from his nose. I assisted him inside an<3

put him to bed ,and got him J pannican of water. Jack Blael

came into Everitt's | room shortlj

afterwards, and Black and I weni out and sat on the bed for awhile Black later went to his camp anc I started to read a magazine. T die not see Paddy again after the dog: chased him." Tack Black, in th< presence of both accused, stated h< arrived at Walhallow -the day be fore Everitt arrived home an( camped there waiting for Everitt' return. On the day the troublt occurred T was sitting inside witl Billy Faulk when I heard Everit sing out for help. Black then cor roborated the statement by Faull

Lubra Molly, in a statement, said, "I been alonga garden. Jack been ask me about sweet potatoes. Paddy been jump straight out and been catclicm stick. He been hit

Jack Everitt alonga knee, along front of house. I been run out and stop himr Paddy been kili me along head with stick two fella time, along arm alonga rib, I been drop; couldn't get up more. I been sick. No more been see. Con- stable McCann was present when the statements were made. I then obtained two shovels and in com

party with M.C. McCann and abo. Nelson, I went to the grave, which was opened by McCann and my- self. I saw in it the body of a male aboriginal. The body was decompoesd and death had occurred in my opinion about a week previously. I examined the head and face of this body. I saw a wound about two inches long 'running parallel with the left eye and also a wound in the centre of the forehead running in the same direction; the first wound was just above the eye. There was a wound in the back of the head about two inches long. I put my fingers in the wounds and could feel the bone. Owing to the body being swollen they were stretched out wide. The depth of the wounds on the face would be about an eighth of an inch deep and the one on the back of the head about a quarter-inch deep. Owing to the smell I was unable to examine any other portion of the body as I became very sick. We filled in the grave and went back to the homestead, where I informed the two accused and J. Black that I would want them to accompany me to the Rankine River police station where an inquiry would be held. I then left for Anthony's Lagoon in company with Mr. Nel- son, and abo. Nelson to look for Banjo and Ned, which we found on Jan. 31st. About 20 miles from Anthony's Lagoon. Constable McCann followed next day with the two accused, J. Black aind Molly. I joined the party next day and we all reached Rankine River on February 2nd. I arrested botl accused on this date about 5 p.m on a charge of murder and Cau- tioned them. They made no state-

ment.

Cross-examined by Mr. . Barratt I had been to Walhallow before. 1 came through there in 1916 and about three times previously tc Jan. 31 st Ï stayed about a nicht 01 a day. I did not visit the killing yards on this occasion. Everitt hac been there since 1927, and befort that. I know Mr. Ellis, manager 01 Creswell Downs. I have heard tha' different places have had trouble with Paddy, but it. has never beei reported to me officially. Fred Holl told me he was a very cheek] boy. I could not say Paddy ha( assaulted Mr. Ellis and that lu reported the . matter to M.C. Walker I have heard that he caused a gooc few rows amongst the abos, an; that he was always steading thei gins. It was not reported to nu but I wouldn't doubt it. I havi not heard that he and abo. Nelsoi had a fight. I am not capable o saying how Paddy met his deatl One wound was right in the fore head and one over the left tye It would be surmise on my part t< say the wound was or was nc caused by a dog bite. Owing t being sick I did not examine th body further. As I was onl making inquiries I did not tak the accused with me when I wer to examine the body. It was th wet season and the body woul decompose quickly; it would go i 12 hours. I received the note u the 28th although it is dated 29t] It is alleged the row took plac on the 27th. The distance to m place is 40 miles. I have ridden

in- one day; it is a good ride fe a horse. If the death t*>ok pla» on the 27th he didn't lose muc time. I did not go to Walhallo till the 31st-three days afterward I first went for M.C. McCabn \ the Rankine. I left for the Rankii on the 30th and was at Walhallo on the 31 «st. M.C. McCann is st tioned at Pankine, with Constat Smythe. I do not know exact where Ned and Banjo were go«

when I picked them up at the 20 mile water hole. Could not say when they left Walhallow; blacks travel very casually; it all depends how his belly is. 1 have heard Everitt was in South Africa as a soldier and volunteered for the last war, but was rejected. He had heard that Faulk was a returned soldier. The stick was produced at thc time; it was a mountain gum stick about four feet long. It was produced at the Rankine Police station, I never put it in. The

accused asked for it to be put in. Mr. Johnstone, at the request of

the two accused allowed them to put private marks OH it at the Rankine. The accused said they wanted it brought up in their de- fence. I did not produce the stick as part of my evidence at the Rankine; it wa\s a ^mistake1. I thought the accused would produce it.- When I examined Molly she showed me where she had a scar on thc back of her head and she told me she was very sore on the ribs where Paddy hit her. I had to come in and give evidence and then I stayed in the Court. The abos, were just outside the door as there was no seating accommo- dation. The others that had not given evidence were over in a shed. I never heard that Everitt complained that one of the abos, was listening to the evidence. He could have complained without my knowledge. McCann was preparing dinner outside as far as I know. He was not called as a witness in the lower court. He only went to my assistance and M.C. Smythe, he supposed, did not think it was necessary to Call him as a witness. I think Nelson was a police boy at Rankine. I never heard that Nelson assaulted Con- stable Stott at the Rankine. I never heard that Nelson left Paddy for dead at Walhallow and that the other blacks cleared out.

By the Court: The accused said they wanted the stick brought to Darwin. He took the stick and accused in a motor car and handed the stick into Fanny Bay. Everitt pulled his trousers leg up and showed an abrasion on the inside of the right leg.

William McLauii, sworn, ¿¿ave saiinar evidence i asKea tuc two accused and Aioiiy how was x'auüy s Health betöre the row ¿ind Uley ¿a^ci ne was allriëhi. i know tue teut produced, it was lound ai Walhallow. 'J.ne blacks brougüt it up and carrieü it to the Ran- kine, 'me holes were pointed out

to me.,

Cross-examined by Mr. Barratt: He had heard of Paddy. He never had a good name on the stations.

Ke was never wanted on any station. I never heard he attacked Fred Holt. - Had heard of him

being quarrelsome. He had had quarrels over trying to steal gins. 1 know the boy Nelson. I never heard that Nelson nearly killed Paddy. 1 could not say if the wounds on Paddy's body would open up on account of decompos- ition; he was not a medical man. M.C. White gave the head, neck and* shoulders a good look over. 1 didn't, examine the body; I was pouring phenyle on M.C. White's hands and fingers. I cannot see ariy bloodstains on the stïck. I looked \for them previously. I do not remember witnesses saying Paddy's? head and face were covered ia blood'. I would expect to find bloodstains on the stick that Paddy had allegedly been hit with.

Re-examined by the Crown: I am not sure whether Paddy was em- ployed at Walhallow as a stock boy. :.

By the Court: The accused say that Everitt was bleeding from the throat, and was bleeding from the

mouth as well.

M.C. White (recalled) stated: The accused asked me to look after the stick that Paddy hit him and Molly with. The stick produced is the one brought to the Court House at the Rankine. The accused asked that it be brought to Dar- win as they wanted it for evidence.

By Mr. Barratt: It was never suggested to me at any time that it was the stick |used by Everitt

r»n Paddy.

Nelson, an abo., stated: I am » stock boy and work at Walhallow. I know the accused. I know a boy called Paddy. They fight. I ««« Jack Everitt chase Paddy, they were coming from the kitchen of .the house. I know Jack Black. Black was just behind Everitt. He chase Paddy along meat house. Paddy wait and made a hit at Jack. He hit him on neck. .Jack been catch hold of Paddy and sing out, "Come on Bill, give us a hand." Bill Faulks been run over from kitchen and catch hold

Paddy and choke him. Jack Ever- itt been run up to woodheap to get a stick. Jack Everitt came back and hit Paddy on fthe forehead with a stick. Faulk was choking Paddy and hitting him with other hand. He been finish fight and went up to store. Black was there. They had a blow there. Then they saw Dick coming from the yard. Paddy was lying down. I been run up to yard. Jack Everitt been chase Dick through' fence and round down to camp. I see Jack Black come back and get a horse. He galloped half-way down to the camp and came back and» givem horse to Bill Faulks. Bill Faulks been go back to house and get a rifle and go down to the camp, and fire a shot at the tent. I seen him. He went back to the house and let the horse go. I been go up along killing yard and could see him. I went back to house and take pack off a horse. Peter and Duncan been with me. I was salting up beef and see the two accused been lift Paddy up. It was late sundown. They lift Paddy up and start him down to camp, and been soolem two dogs on him. The dogs on him right up to gully. Bill Faulks then went over to house. This is another stick, First one little one. Second stiel big one. He go up gully with bli stick and hit Paddy in back. Petei and Duncan been there, when Ev- eritt been hit Paddy j and thej took him along camp, and sinf out to old Darby. Darby came an<! put Paddy over his shoulder. Whet I went for supper Paddy could no sit up. Paddy been no good couldn't talk, couldn't sit up. Oli Darby been wash him. Barnej Darby and Duncan, Ned and Banji were there. Soon as Darby bee: wash he been die. We be roll u; in ^ blanket and take Paddy t another place and keep htm al night. Barney, Ned and Banjo di big hole. I been meet them alon road when they finish. We tak Paddy and bury him. That mort ing time. I went back to hous and had a spell. I went up t house and saw Jack Everitt. Jae Everitt said, , "Don't tell lie , i court. I don't want to tell him killem with stick." Next mornîri he give me a note alonga yar Caught a horse and told me 1 take note to the Anthony's poli< station. I went back for drink at Bill Faulks say, "If Tom ' Whi asks you what happened tell hi you don't know." I got to A thony's about sundown. I give no to Tom White. He sent a boy

Brunette. Car come over To went up to Rankine to get B McCann. We all go up to Wi hallow. I took Bill McCann ai Tom White to the burying pla< They dig him out and have look. We bury him and leavem.

Cross-examined by Mr. Barra I been long time at Walhallow, savvy white man talk. I be police boy one time. I savvy h< to fight. I fight along a stick,

savvy that one Gordon Stott alo Rankine. I been police boy alon Rankine. 1 been fightcm Gord Stott. He been hit me with buck I no more been cheeky fellow

savvy Bert O'Keefe. I been sav

dead Paddy long time. Paddy ll been cheeky fellow. Everitt be huntem Paddy from Walhallow,

been savvy been have fight w Paddy. He hit me first. I b< hit him alonga head and les him alonga ground. Him clsoe

dark fellow that time. Jack Eve: been Call out. I no more tell' might be him die. That night

go to sleep alonga horse yard. JJ been fightem Paddy. Him no m been sick him been walkabout. »Wy time Paddy been havnm around head. I been «Ike t li

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