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GOVERNMENT DESPATCH.
Downing Street,
December 27; 1872.
SIR,—I transmit to you, here with, copies of
two letters, with their enclosures, which have
been addressed to me respecting the case of Mr.
Lockier Clere Burges, who was recently found
guilty of manslaughter and sentenced to five
years penal servitude, from which you will per-
ceive that application has been made to me to
direct remission of that sentence.
Independently of these communications, I had
formed the opinion that the sentence passed upon
Mr. Burges was a very severe one but as the
responsibility of interfering with a sentence
passed by the Supreme Court of a colony is
great, and not to be assumed by a Secretary of
State except after the gravest consideration, and
under the highest advice, I considered it advisa-
ble, before arriving at any decision upon the
question, to obtain a report from the Law
Officers of the Crown.
I am now advised by the Law Officers that
there is no misdirection on the part of the
Chief Justice, and that he cannot be fairly
charged with not laying the case properly before
the jury; that it does not appear to have been
suggested by the prisoner or his Counsel that
the arrest of the native was made with any view
or intention of bringing him before a magis-
trate, and that the prisoner's counsel seems to
have ridiculed any such notion, and to have put
the purpose of the arrest to be the compelling
the native to show where the saddle was. Look-
ing, however, to all the circumstances, and es-
pecially considering the punishment which the
prisoner has already undergone, the Law Offi-
cers are of opinion that the ends of justice
would be satisfied by remitting the sentence,
after Mr. Burges had undergone a year's pun-
ishment. After an anxious consideration of the
case, I concur in that opinion, and I have ac-
cordingly to instruct you to remit four of the
five years penal servitude to which Mr. Burges
was sentenced. In arriving at this decision I
must not be understood as questioning the pro-
priety of the verdict of the jury, still less as
passing any censure on the learned judge who
presided at the trial. I recognise in the fullest
manner the duty which lies upon the Govern-
ment to spare no pains in repression any ten-
dency to regard lightly crimes of violence com-
mitted by white settlers against the aborigines ;
and I entirely approve your efforts to secure the
due punishment of such crimes. But in order
that a healthy public opinion may prevail in the
colony on this subject, it is essential that there
should be no ground for a feeling that extreme
severity has been shown in any particular case;
and I am of opinion that the punishment of Mr.
Burges, even when reduced to a year, must still
be regarded as a severe punishment, calculated
to exercise a sufficiently deterrent effect on any
persons who may be inclined to commit similar
offences.
I have, etc., etc.,
KIMBERLEY.
Governor Weld, etc., etc., etc.
On Friday, the 31st January, at half-past
3 p.m., a deputation waited upon His
Excellency the Governor, and presented
the petition promulgated by the Gerald-
ton Committee, which will be found
hereunder, praying for the exoneration
and release of Mr. L. C. Burges.
The deputation was introduced by the
Hon. L. S. Leake, who, in addressing
His Excellency, said—At the request of
his friends who were there as a deputa-
tion to present a memorial asking for
mercy towards Mr. Lockier Clere Bur-
ges, now a prisoner in the Convict Estab-
lishment at Fremantle, he had come for-
ward to introduce them to His Excel-
lency. He had consented to do this
because he had all along to that moment
felt strongly that Mr. Burges had not
been guilty of any "moral wrong." He
was satisfied that the Attorney General,
the Judge, nay, even His Excellency, and
every one of those present in that room,
would have done exactly as he did if
placed in the same circumstances. His
friend Mr. Maitland Brown would pre-
sent the memorial, and would doubtless
have remarks to make upon the subject.
He would not therefore trespass upon his
ground by further remarks.
Mr. Brown, in introducing the subject,
said they approached His Excellency
with the respect due to his high position
as the representative of Her Majesty,
and which they entertained for his per-
son, to present the petition referred to
by Mr. Leake, praying for the exercise of
the prerogative of the Crown, in extend-
ing to Mr. L. C. Burges that justice
which, in the opinion of the memorial-
ists, the law so far had failed to accord
to him. The grounds upon which they
based their prayer were contained in the
memorial and documents then in his
hands. The memorial had already been
subscribed by between 1500 and 1600 of
the settlers of this colony. They were
aware that many copies not yet received
had been numerously signed by residents
in distant parts of the land, and they
begged His Excellency would allow the
deputation to forward them to him when
they came to hand.
His Excellency—Certainly.
Mr. Brown, continuing, said—No mat-
ter whether Mr. Burges was released and
exonerated, as they asked, these extra
names would add weight to that testi-
monial, which, declaring as it did the
conviction of its subscribers, that Mr.
Burges had not been guilty of moral
wrong, would, they confidently trusted,
enable him, whenever he became free, to
hold up his head again amongst his fel-
lows, and take precisely the same stand
in this country that he formerly occu-
pied. Mr. Burges, at the time of his
conviction, had been a resident in the
colony for a period of about ten years ;
his antecedents had been such as to war-
rant the Governor, some two years since,
in placing him upon Her Majesty's Com-
mission of the Peace.
His Excellency—I am the Governor
who placed him upon that commission.
Mr. Brown—Your Excellency did so.
While in that commission he had to re-
move his stock from the Nickol Bay dis-
trict, and conduct them overland to the
Victoria district. The large tract of
country he had to traverse was unsettled,
and inhabited solely by hostile savages,
proof of which he purposed shortly to
adduce. During the journey, in a locality
where the law was powerless to stretch
forth an arm of protection either to life
or property, some of these savages inva-
ded his camp, and stole therefrom a
saddle. Mr. Burges, reasonably taking
the law into his own hands, proceeded to
pursue these savages, for the purpose of
recovering it, and while doing so was
attacked by one of them, armed with a
deadly weapon. Feeling his life to be in
imminent danger, he fired at his assailant
as the only means of saving himself, and
it is to be regretted that the result of his
shot was fatal. For this offence, and this
alone, he is now suffering. With His
Excellency's permission he would now
read the memorial, and would then re-
mark upon such portions of it as ap-
peared to, him to require elucidation :—
To "His Excellency Frederick Aloysius
Weld, Esquire, Governor and Com-
mander-in-Chief in and over the co-
lony, of Western Australia and its
Dependencies, and Vice-Admiral of the
same.
May it please your Excellency,—
The Petition of the undersigned, In-
habitants of the Colony of Western Aus-
tralia,
Humbly sheweth,
1.—That during the Session of the
Supreme Court, held at Perth in Sep-
tember last, before His Honor Chief
Justice Burt, one Lockier Clere Burges
was found guilty of manslaughter and
sentenced to five years penal servi-
tude.
2.—That the evidence given at the
trial, the speeches of Counsel, the
summing up, and address to the prisoner
by His Honor the Chief Justice, is con-
tained in the accompanying supplement
of the "Perth Gazette & W. A Times,"
dated September 12, 1872, appended for
Your Excellency's information.
3.—That the life taken was that of an
aboriginal native of this colony, one of a
tribe of "insatiable bloodthirsty savages,"
who had, associated with others, followed
upon Mr. Burges' trail, stolen upon his
camp in the night, and had taken there-
from a saddle.
4.—That the depredation was com-
mitted at "Hooley's Well," in the North
District, far beyond the bounds of settle-
ment, in a region where, up to the time
that proceedings were taken against Mr.
Burges, it was universally understood
that the Government would not grant
protection to the public.
5.—That Mr. Burges did not wantonly
take the life of the native in revenge for
the loss of the saddle, but took it in de-
fence of his own life.
6.—That the "douark" in the hands
of a dexterous native, in close quarters, is
a dangerous weapon, capable of taking
life—a fact which His Honor seems to
have held in doubt.
7.—That the view taken by His Honor,
that Mr. Burges was "not justified" in
firing when the native turned upon him
with his douark because he "could have got
away," is founded upon an erroneous im-
pression, inasmuch that the fact of Mr.
Burges being "on horseback" when
"turned upon" was a disadvantage to
him, instead of an advantage, as assumed
by His Honor, and that had he attempted
to (to use His Honor's own words) "fly
away from the native when he found
himself pressed," he could have found no
more effectual means of enabling the na-
tive to carry out his design.
8.—That had Mr. Burges awaited his
arrival in a settled part of the colony,
where the law is put in force without dis-
tinction between great and small offences,
and there preferred a charge against the
natives for stealing the saddle at "Hool-
ey's Well," your petitioners feel strongly,
that the legal authorities would not have
been justified in taking action for the re-
covery of the saddle or the punishment of
the offenders ; neither do your petitioners
believe that any such action would have
been taken ; because, practically, it would
then have been too late to bring the of-
fence home to any particular native or
number of natives ; because, in the eye of
the law the case was of too trivial a na-
ture to warrant the authorities in putting
the country to such a vast expense as
even an attempt to bring the offenders to
justice would have entailed; and because,
of the understanding before mentioned,
that in the wilds of the colony the Go-
vernment does not grant protection of
such a nature. As one proof of the ex-
istence of such an understanding, your
petitioners would call the attention of
Your Excellency to the following clause
in the Land Regulations promulgated by
the Government upon the first settle-
ment of the North District, and pro-
claimed anew on the 20th March in the
present year, which says, "No protection
or Government establishment in the
North or East districts will be guaranteed
to the public until deemed expedient by
the Government." Therefore, Mr. Bur-
ges had every reason to suppose, as we
do, that the protection herein referred to
would not have been accorded to him, and
that, as a consequence, he was expected
to protect himself.
9.—That according to the ruling of
His Honor, it is evident that had Mr.
Burges, while pursuing the natives, been
armed with the like legal authority that
a policeman could have obtained, had the
offence been committed in localities where
the law is usually put in force, he would
have been legally justified in taking life
in self-defence.
10:—That Mr. Burges, in following
up the tracks of the natives immediately
upon the discovery of the theft of the
saddle, with the view of recovering it,
pursued a reasonable course, not incon-
sistent with justice and humanity.
11:—That the punishment of flogging,
which Mr. Burges intended to administer
as a warning against future thefts, is
recognised as just by the law of the
colony, as witness the 4th section of the
Ordinance 10 Vic, No.15, which for the
very minor offence of "carelessly setting
fire to the bush" provides as follows :—
"And be it enacted that where the per-
"son unlawfully causing any such fire shall
"be an aboriginal native of this colony,
"it shall be lawful for the convicting Jus-
" tices, at their discretion, in lieu of other
" punishment, to order him to be publicly
" flogged, receiving any number of lashes
" not exceeding fifty." Witness also the
12 Vic. No. 18, which renders certain
felonies and misdemeanors committed by
natives summarily punishable by "two
dozen lashes," in addition to imprison-
ment.
12.—That the whole of the evidence
proves, in a most marked manner, that
Mr. Burges attempted nothing, and did
nothing, that the law does not hold as
justifiable, does not pave the way for,
would not have put it in force, and would
not have protected in any region where it
has sway ; and, therefore, that under the
circumstances of his position, Mr. Burges
was not guilty of any moral wrong.
13.— That upon these grounds your
petitioners humbly pray that, on behalf
of Her Most Gracious Majesty the Queen,
Your Excellency will be graciously pleased
to grant to L. C. Burges, now a prisoner
of Her Majesty's Grown, an honorable
and free pardon.
14.—That your petitioners rely upon
Your Excellency's desire to do right in
all things, to give this Petition your earn-
est consideration.
As in duty bound, your petitioners will
ever pray, &c, &c., &c."
Mr. Brown continued—Clauses 1 and
2 merely recited the case and pointed, in
general terms, to the evidence and various
other matter, to which they desired spe-
cially to direct His Excellency's attention.
With reference to clause 3 it would possi-
bly have been better taste to have sup-
pressed those words "insatiable, blood
thirsty savages," and to have substituted
the term "uncivilized savages," but the
words were justified by fact. Past expe-
rience had proved, beyond question, that
the aboriginal inhabitants of Western
Australia, without exception, who had
not had, if he might so term it, the "ad-
vantages" of long intercourse with the
settlers, and acquired from them some of
the principles which guide all worthy
followers of the Christian dispensation,
consider the shedding of blood, whether
of black or white, the greatest virtue
they can possess. The inhabitants of the
route traversed by Mr. Burges, from the
Ashburton to the Murchison, had never
had this advantage. Some four years
ago several of Mr. Hooley's servants,
white and black, in charge of his stock
on the Ashburton, were without provoca-
tion most cruelly murdered by the Ash-
burton natives, and so hostile did the
tribes prove, that Mr. Hooley finding the
cost of a sufficient staff for the protection
of his servants and property would be too
great, was compelled to abandon the
country. Not very far from the spot
where Mr. Burges' saddle was stolen Mr.
Frank Gregory's exploring party was as-
sailed by the natives. They advanced
upon his camp in the night time, lighting
the grass in a line before them, and mak-
ing such evidently hostile demonstrations,
that Mr. Gregory was compelled to fire
upon them ; he was at the time accompa-
nied by Mr. W. Moore, and Mr. James
Roe, who could bear out this statement.
He (the speaker) was one of Mr. Grego-
ry's party upon the first expedition to the
Nicol Bay territory, and travelled side by
side with him, amongst savages, for
months, and consequently had many op-
portunities of learning his character, he
found him preeminently humane and
courageous, certainly one who would
never fire upon a native without sufficient
cause. Mr. Brown quoted two other in-
stances which had come personally under
his notice, in proof of the bloodthirsty
disposition of the natives between the
Murchison and Ashburton.
His Excellency here asked if Mr. Brown
referred to the particular natives who
visited Mr. Burges' camp?
Mr. Brown replied that they could not
be identified as parties to the attacks al-
luded to, but they inhabited the same
country, were wholly uncivilized, and
beyond doubt were actuated by the com-
mon desire of their fellows to shed blood:
and continued,—It had been shown in
evidence that the natives who visited Mr
Burges' camp brought with them a dog
that had been lost. This circumstance,
taken in the abstract, was one of kind-
ness, and it was but fair to allude to it ;
nevertheless the crafty nature of savages
was such that it could not be taken for
granted that any kind motive had actually
induced them to return the dog. He
thought it most probable that their real
intention was to ascertain the strength
of Mr. Burges' party, and to gain know-
ledge that would be of service to them in
making an attack. It had also been
broadly stated that these natives had
conducted Mr. Burges' party to water
upon several occasions, but he had failed
to find any authority for such a state-
ment. He would here observe that the
facts brought to light at the trial suf-
ficiently demonstrated that the native who
lost his life was a party to the theft, in
proof of which he would refer His Excel-
lency to the evidence generally, and spe-
cially to the view expressed by the Chief
Justice upon the point in his summing
up to the jury, as reported in the Perth
Gazette, which the deputation were in a
position to state had been verified as sub-
stantially correct by the Chief Justice
himself. (His Excellency,—Do I under-
stand you to refer to the summing up or
to the subsequent address to the prisoner?)
Mr. Brown—To the summing up. (Mr.
Davis to Mr. Brown)—You have not said
that the Judge admitted its correctness
to you and to me.
Mr. Brown—He (the speaker) had not
said so, but could see no reason for with-
holding that fact ; he was perfectly satis-
fied that the Chief Justice would not ob-
ject to its publicity. The words in the
summing up, to which he desired to refer
His Excellency were these—"The pri-
"soner probably had reason to suppose
"that the native had been concerned in
"the larceny of the saddle." He would
shortly have occasion, to refer to the
Chief Justice's address in sentencing the
prisoner, and would therefore now in-
form His Excellency that the Chief Jus-
tice did not vouch for the correctness of
the report of it in the Perth Gazette: He
(Mr. Brown) was not aware that he
denied any portion of it that was impor-
tant to Mr. Burges' cause. Not having
the Chief Justice's verification of it, he
(the speaker) asked Mr. Jones, who re-
ported the case, if he had a copy of his
notes ; he replied that he had. He (the
speaker) then asked him if he could
verify them, and the reply was, "Yes, by
affidavit if necessary ;'' he then offered to
send him a copy of the address to the
prisoner. He (the speaker) had received
that copy, and substantially it was the
same as the report in the Perth Gazette
the only difference being that in the copy
the words "in God's name"; did not ap-
pear, and the word "revolver" in the
Gazette appeared as "pistol" in the copy,
discrepancies which were immaterial.

He would ask His Excellency to look
carefully into that portion of the report.

He was satisfied that His Excellency

would observe that it bore throughout

the impress of truth, and in the absence
of grounds for supposing that it had
been intentionally garbled, he hoped that
His Excellency would concur with the
deputation in considering it entitled to
great weight.

The Governor asked whether Mr. Brown
could say that the gentleman who fur-
nished the alleged report of the Attorney
General's speech was a shorthand writer
or a professional reporter.

Mr. Brown said that the reporter's
statements to him merely had reference
to the Chief Justice's remarks, he could
not therefore say who reported the At-
torne General's speech. Mr. Broewn then
read clause 5, and continued—Upon this
bare fact coupled with the circumstances
of Mr. Burges's position, rested the jus-
tice of their prayer. They did not ask His
Excellency to release to them a man who
had been guilty of moral wrong. Had
Mr. Burges wantonly taken the life of a
native who was not attacking him, he
would have deserved death, but such was
not the case, and they were therefore

enabled to come forward and ask for the
pardon and exoneration of one whose
only offence had been against the letter
of our law and not against its spirit, and
they confidently assumed that His Ex-
cellency would rejoice to extend that jus-
tice to him, if after full consideration of
the points placed before him, His Excel-
lency felt with the memorialists that Mr.
Burges actually did take the life of the
native in defence of his own life. (His
Excellency, " that is the main point on
which his real guilt hinges.")

Mr. Brown—True ; in proof of the fact
he would first ask His Excellency to note
that Mr, Burges was condemned solely
upon the record in his pocket book
wherein he states that the native tried to
throw his douark at him, and he there-
fore shot him; again, His Excellency
would remember that the hypothesis of
the Crown prosecutor from the first was
that the native was shot from behind ;

that hypothesis was completely broken
down by the evidence adduced at the
trial, and was thereupon abandoned, bro-
ken down by overwhelming proof that
the evidence of "Chum Chum" and
Murphy was totally unreliable, and set
aside as regards the point at issue by the
Crown prosecutor as well as the Chief
Justice ; broken down by medical testi-
mony that the bullet penetrated the na-
tive's chest, coming out at his back. He
was aware that since the trial this fact

had been disputed, and was therefore
glad to be able to add to the evidence of
Mr. Bompas, the testimony of Dr. Way-
len the Colonial Surgeon. In speaking
with him but a few days since upon this
subject, Dr. Wallen mentioned that the
native was shot from the front. He (the
speaker) remarked " that is disputed."
The rejoinder was, "I defy anyone to
prove to the contrary. The evidence
that he " was shot from the front is plain
and unmistakeable." Again, observe the
words attributed to the Chief Justice in
his address to the prisoner, wherein he
admits the murderous attack of the na-
tive, and the fact of his being armed :—
"No doubt it was a grievous and sad
loss, situated as you were, to lose a
saddle; but when you found that you
could not recover it without taking life
away—you on horseback too, and the
unfortunate man on foot—in God's name,
why did you not fly away from him when
you found yourself pressed? He was
armed, it is true, but not with a rifle or
revolver, nor even a spear, but a douark;
and I have no doubt that he did turn

upon you, but that did not justify the
course you pursued, when you could have
got away."

He (Mr. Brown) would impress upon
His Excellency the important bearing of
those words, "when you found yourself
pressed," "he was armed, it is true,"
and the words, " and I have no doubt he
did turn upon you."

His Excellency—I understand you to
say that the Judge does not vouch for
this portion of the report. Do you find
such admission in the charge to the jury?

Mr. Brown continued—He did not
find the same words, but, taken in con-
nection with the verdict given bv the
jury, he found the keystone of the whole
case. He found these admissions recog-
nised as facts, and most earnestly did he
beg His Excellency to devote special
consideration to that portion of the case.
His Excellency would find that the
Judge's summing up, as applied to the
circumstances of Mr. Burges' position,
gave the jury no latitude beyond a ver-
dict either of murder or manslaughter,
that they were bound by it to bring in
either one verdict or the other, and that
the verdict of manslaughter which they
did return, could not by any possibility
be construed to mean anything but that
Mr. Burges killed the native while he
was attacking him with a douark, and
that when he fired at him he believed his
life to be in danger. Had they thought
otherwise they would have been bound
by their oaths to have returned a verdict

of murder.

His Excellency, with the view to fur-
ther elucidation upon this point, engaged
in an unofficial conversation with Mr.
Brown, and much importaut and inter-
esting matter was freely discussed.

Mr Brown, returning to the point as
to whether or not the fact that Mr. Bur-
ges was attacked by an armed native was
admitted "By the Crown prosecutor, set
out the following portion of the Judge's
summing up :—

" Let us approach the case as it stands.
This, then, is a charge of murder. The
homicide is not disputed. That an abo-
riginal male native was shot by the pri-
soner, as charged in the information, is

admitted without demur ; but it is, con-
tended that the killing was justifiable,
Inasmuch-as felony had been committed.

It is urged on behalf of the prisoner that
he was endeavoring to arrest a felon, who

finding himself pursued turned round
toward him and was about to use a douark,


when the fatal shot was fired. When a

felon attempts to effect his escape by vio-
lence and so attacks his pursuer in such
a manner as to endanger his life, the per-
son so assailed is justified in self-defence
to slay his assailant. "But the necessity

so to act must be apparent; and the
party slaying another under such neces-
sity must himself be wholly without fault
in bringing that necessity upon himself.
Such, gentlemen of the jury, is the law
governing investigations of this nature.
The question whether the native was
slain, I say, is admitted, and that he was
slain by the prisoner is also admitted ;
therefore, the only questions for your con-
sideration are these:-Was there good
reason for supposing the prisoners life
was in danger when he shot the aborigine?
Was there a necessity to kill? You will
find that the evidence bearing on,this
point is confined within a very narrow
compass, and is altogether divested from
the testimony of the witness Murphy and
others, in sifting which so much time was
wasted, and all of which you may discard
from your minds excepting so far as it
concerns the investigation of the question
whether there was good and sufficient
reason to suppose that the prisoner's life
was in danger, and of the second question
for your consideration, which is this—
Was the prisoner wholly without fault in
bringing the necessity to act as he did
upon himself? There might have been
necessity to kill when so formidable a
weapon was in the hands of the person
assailed and when he turned round upon
his assailant; but was that necessity
brought upon the prisoner at the bar
without any fault of his own ? If you
find that there was no necessity for using
the revolver, and that the native was
recklessly and inconsiderately slain you
will return a verdict of murder. On the
other hand if you consider that the neces-
sity so to act was plain and manifest, you

will have further to consider whether the
prisoner was without blame in bringing
that necessity upon himself; and should
you find that he was not without fault but
that, on the contrary, such necessity was
induced by his own wrong action, it is
my duty to tell you that such a necessity
will not justify the killing. Under these
circumstances, however, it will be com-
petent for you to return a verdict of
manslaughter. With the view of assisting
you in the consideration of this matter I
will read to you the law on the subject,
and will then endeavor to apply it to the
few facts applicable to this case. First of
all I will read to you the distinction which
the law draws between justifiable and
excusable homicide. (Reads extract, be-
ginning " Justifiable homicide is of three
kinds.") Those, gentlemen of the jury,
are the rules of law which you will have
to bear in mind while investigating the

evidence in reference to the commission of

the offence with which the prisoner at the
bar is charged. What is the evidence that
we have with regard to the killing ? The
evidence relied upon by the prosecution is
the entry in the prisoner's own journal,
penned by himselt ;-" My friend screwed
himself away from me, and ran towards
the creek and would not stop. When I
got up to him he tried to throw his dowark
at me, and I fired at him and shot him."
Now, gentlemen, in first considering
whether or not there was good and
sufficient reason for the prisoner to sup-
pose that his life was in danger, or, in
other words, whether there was a necessity
to kill, this is a circumstance you will

have to consider :—When the native so

fled, as described in the prisoner's journal,
you must bear in mind what he was
escaping from. He escaped from arrest
which had been previously made, and for
what purpose ? If it is in evidence that
the aboiiginal had committed a felony it
would have been competent for the prisoner
to arrest him. But, first of all, you must
be satisfied that this particular native had
committed a felony, and having satisfied
yourselves on that point you will next
have to consider whether he was in legal
custody when he escaped, and was the
prisoner justified in further pursuing him.
If you be satisfied that the native who was
shot had committed theft, and that he was
legally appreheaded, then comes the ques-
tion for what purpose was he arrested?
The only legal excuse for the apprehension
of a person is to take him before a magis-
trate. It is for you to consider whether the
evidence adduced is reliable as to the prisoner
having apprehended the native for the pur-
pose, as alleged, of flogging him, or whether
it was for the purpose of conveying him be-
fore a magistrate. There is another sug-
gestion made by the prisoner's counsel
that he might have apprehended the abori-
gine for the purpose of ascertaining from
him where the remainder of the stolen
saddle was. But it is my duty, gentle-
men, to tell you that this would not be a
lawful excuse for the arrest. The only law-
ful purpose for which the apprehension

could have been made would be with the

view of taking the person apprehended be-
fore a magistrate. It is, therefore, for you
to consider the evidence on this point, and
to make up your minds whether the native
was arrested for that purpose, Or for the
illegal purpose of flogging him, or of making
him show where the remainder of the saddle
was, Again ; with reference to the neces-
sity for the prisoner using his revolver,
and slaying the aboriginal, it will be your
duty in considering that point, to bear
in mind that the prisoner was on horse-
back, while the native was on foot. Al-
though, gentlemen of the jury, you may
come to the conclusion that the prisoner
acted with great want of discretion, still,
if you arrive at the opinion that he really
did think that his life was in danger ia con-
sequence of the position which the native as-
sumed towards him at the time he was being
pursued for recapture, it will be competent
for you to find the prisoner guilty of the
minor offence, manslaughter, and acquit
him of the graver charge, murder ; that is,
if you think the necessity existed,

but that he was not without fault in

bringing upon himself that necessity of
acting as he did. But was he or was
he not wholly without fault? Did he
act as a discreet person and a christian
should act when the life of another was in

question ? and bearing in mind the fact that

he was on horseback while the native was

on foot. The prisoner probably had reason
to suppose thafthe native had been con-
cerned in the larceny of the saddle,
and although the larceny of a saddle in
the city of Perth may not be a matter of
great importance, it may be of all impor-
tance in the district where this occurrence

took place. The prisoner, then, having

on his mind that his saddle had been
stolen, adopts the course which he pur-
sued, and it is for you to say whether or
not it was a lawful course. But it is my
duty to inform you, as I have already
said, that if he arrested the aboriginal for
the mere purpose of taking him into camp
to flog him, or for the purpose of showing
where the stolen property was, or for any
purpose other than with the object of con-
veying him before a magistrate, the arrest
was for an unlawful purpose, and any per-
son who, in the execution of an unlawful
purpose, sheds the blood of another, is re-
sponsible to a jury of his country, and that
responsibility involves a verdict of murder
or of manslaughter. The evidence and
the discrepancies in the testimony of the
various witnesses I tell you again to dis-
card from your consideration altogether
except when it bears upon these general
points,-with the view of ascertaining
whether the prisoner had reasonable
grounds for believing that his life was in
danger, and then for the further con-
sideration of the other point, whether
when he took the native's life, that neces-
sity which he so supposed to exist, and
which, perhaps, did exist, had not been
brought upon him by his own illegal act in
pursuing the native. With reference to the
advantages and disadvantages of the law as
it exists I have little to do ; sitting here as
Judge in this Court, it is my duty to expound
the law as I find it ; and if the law were to
be altered to-morrow it would be my duty
to conform with that alteration.

Mr. Brown enlarged upon the most tell-
ing points in the foregoing, extract par
ticulary the following-

" What is the evidence we have with

regard to the killing ?

"The evidence relied on by the prose-
cution is the entry in the prisoners own
journal penned by himself-" My friend
"screwed himself away from me, and

" ran towards the creek and would not

" stop. When I got up to him he tried
"to throw his douark at me, and I
" fired at him and shot him."

Mr. Brown then called attention to
clause 7, and said, the soundness of the
allegations contained in this clause must
be so manifest to His excellency that he
would not occupy His Excellency's
time or that of the deputation, by en-
larging upon them, but he would men-
tion a case in support of them, Mr. L. C.
Burges, sen., the uncle of the prisoner,
in the days when the Victoria district
was first settled had occasion to join
some fellow-settlers in pursuit of a tribe
of savages who were killing their cattle,
Mr. Burges who was mounted, while de-
tached from the rest came upon a native
and interrogated him upon the subject.
The native in reply stated that his com-
panions had just killed some cattle and
were roasting them in a thicket to which
he directed Mr. Burges' view, this reply
was subsequently found to be untrue.
Mr. Burges looked in the direction
pointed by the native and was imme-
diately felled to the ground by a blow
on the head from a kiley which the
native threw at him. Mr. Burges was
stunned and severely wounded and had
not his companions been near and rescued
him, there can be no doubt that the
savage would have followed up his ad-
vantage and have killed him. He was

afraid that in clause II the memorialists

had gene too far in stating that it was
Mr. Burges' intention to administer a
flogging to the natives who committed
the theft, Chum Chum was the sole
authority for such an assumption. Since
the memorial was sent abroad he (Mr.
Brown) had ascertained that Mr. Burges
from the first had repudiated such an in-
tention, declaring that the sole object he
had in continuing his pursuit of the na-
tives, after ascertaining that they had
cut the saddle in pieces, was to make

them show where the "tree" of the sad-

dle was to be found. He (Mr. Brown)
must say that he believed Mr. Burges
version as to his intention. The stuffing
was the only portion of service to the
natives, and this alone Mr. Burges found
in their possession. The " tree" would
have been serviceable to him because he
could easily have restuffed it. His Ex-
cellency, as an old bushman, would under-
stand that he could have made good use
of the tree.

His Excellency—certainly.

Mr. Brown continued—He was not,

however, sorry that clause eleven stood
as it did, as it had given the memorialists
an opportunity of showing that even if
Mr. Burges did intend to administer the
punishment of flogging, his intentions
simply followed the course that the
law itself holds as just. The mean-
ing of clauses 11 and 12 had been
distorted by the press, and in other
quarters, as an attempt to prove that
the law had been unfairly administered.
He, Mr. Brown, submitted that no por-

tion of the memorial would admit of such

an interpretation, and he could assure
his Excellency that such was not the in-

tention of the Geraldton committee in

promulgating it. The memorial did not
contend that Mr. Burges was the legally
authorised agent to pursue the offending
natives for the purpose of recovering his
saddle, it merely coutended that be did
nothing more when in a position in which
he might reasonably protect himself, and
his property (because the law could not
do it) than the law itself would have
done through its agents, had the offence
against Mr. Burges been committed
within the limit of its sway. To prevent
any misunderstanding on the part of His
Excellency, Mr. Davis, and himself, who
were the framers of the memorial had

prepared a letter which he would now

read,

Mr. Brown then read and handed to

His Excellency the1 following letter—

Perth, Jan. 31st, 1873.
His Excellency F. A. Weld, Esq.,

Sir,—In view of the misconstructions
which have been circulated through the
press upon the various allegations con-
tained in the accompanying memorial, we

feel bound as the framers of it to record
in this public manner, that we totally dis-
claim any intention to impugn the con-
duct of the Executive, the Chief Justice,
or the Jury, or to dispute the legality of
Mr. Burges' incarceration. Our present
movement is made solely upon the con-
viction that Mr. Burges' case is one in
which the prerogative of the Crown may
fairly be exercised in the manner asked,
without in any way casting a slur upon

the officers who were instrumental in ad-
ministering the law.

We may further state that in asking
for the exercise of this prerogative we do
not confine ourselves to the grounds con-
tained in the memorial, which is neces-
sarily incomplete, but we rely upon the

merits of the whole case shewn in the
summing up and address to the prisoner
by the Chief Justice, in the evidence ad-
duced at the trial, and in the verdict
which resulted. We have, &c, &c,

MAITLAND BBOWN, Chairman of
the Geraldton Committee and delegate

from the Victoria district.

JOHN S. DAVIS, delegate from Vic--

toria district.

Mr. Brown, said—The deputation so
kindly introduced by Mr. Leake consists
of Messrs. S. P. Phillips and A. F. Lee
Steere, delegates from Toodyay; Mr. S.
S. Parker, delegate from York ; Captain
Fawcett, delegate from Pinjarrah; and
Mr. J. S. Davis and myself, delegates
from the Victoria district; and the depu-
tation was accompanied by the Messrs.
Burges who had instructed him to say
that they attended as a mark of respect
to His Excellency and in token of their
appreciation of the course taken by the

memorialists.

His Excellency acknowledged, very
kindly, the compliment paid by the
Messrs. Burges.

Mr. Brown—This memorial was signed
by a large majority of the influential and
conscientious settlers of the colony, men
who were aware of the responsibility at-
taching to them in taking part in a mat-
ter of such grave importance as this was,
men whose guiding principle was right,

men who felt that they would be doing
wrong in holding aloof, and whose action
therefore was entitled to weight, action
which the deputation wished His Excel-
lency to undei stand was one of represen-
tation as distinguished from what was
commonly called pressure. They did not
presume to ask His Excellency to exoner-
ate Mr. Burges simply because so many
had appealed to him to do so, but they
asked it as a measure of justice which
they believed to be his due, in virtue of
the unanswerable grounds of their ap-
peal. Mr. Brown concluded by saying

If it be true of Divine law that " The

letter killeth but the spirit giveth life."
How much more forcibly does that truth
apply to the imperfect written law of
man ? It is against the letter of our law
alone that Mr. Burges has offended, its
spirit exonerates him. The power to
apply its spirit to the cause we have laid
before your Excellency rests solely in the
hands of the Crown, and we have great
confidence your Excellency will graciously
apply it in the manner solicited, should
your Excellency, after full consideration,
come to the conclusion with your memo-

riaiists that the giounds they have put

forward are consistent with fact.

His Excellency asked if any other
member of the deputation wished to
make any remarks.

Captain Fawcett then rose and warm-
ly eulogised the manner in which Mr.
Brown had treated the subject, and con-
tinued in justification of Mr. Burges' con-
duct, pointing out that as leader of his
party he was responsible for their protec-
tion, and to the merriment of the depu-
tation, including himself, his (Captain
Fawcett's) excited feelings led him to
assert " that he looked upon the offence
of shooting a native, if done by a mas-
ter, as a very trivial offence," and made
several other remarks in the same direc-

tion. As a military man he depreciated
the declaration of the judge that it was
the duty of an Englishman to fly from a
black savage who might attack him ; that
might be civil law, but it certainly was
not military law.

His Excellency readily acknowledged
that the tone of the argument of Mr.

Maitland Brown on behalf of the dele-
gates was such as was befitting the high
character of the gentlemen comprising
the deputation. He would omit from
consideration the few remarks made by
another gentleman, as he could hardly
believe that they really expressed what
he had intended to say. The Governor
went on to say that the explanatory letter
read by the spokesman of the deputation
enabled him to consider the petition, and
relieved him from the necessity of mak-
ing preliminary remarks upon the atti-
tude it might appear to assume. He had
already been petitioned, but he could not
entertain petitions wherein the adminis-
tration of justice was groundlessly im-
pugned, or when notice was given to him
at the same time, in a covering letter, of
an appeal to Her Majesty for the imme-
diate release of the prisoner and its suc-
cess assumed as certain; and this, he
should suppose ought to have been well
known to the writers. He would not
enter into the arguments that had been
now used: different arguments, he ob-
served, norn those reported to have been
used by the counsel at the trial, which
are said to have been an attempt to show
or insinuate charges of misconduct against
the Government, and an attempt to show
that a man may be legally judge, jury,
and executioner in his own case. He did
not know how far that report was correct,
and he understood Mr. Maitland Brown
distinctly to deny that the latter part of
the present petition was intended to con-
vey a similar meaning. [Mr. Brown
assented.] He did not see fit to enter
into argument on the questions raised.
He had not fully examined the grounds

for those statements, and the whole ques-
tion was before the Secretary of State.
He (the Governor) had, in his younger
days, sometimes alone and unsupported,
been frequently placed in circumstances
of very grave difficulty with armed and
warlike savages. He thought that some
misconception was abroad, he was free to
admit, and every one would admit that
abnormal cases may arise, in wild coun-
tries, when a man has a moral right to
take his stand upon principles of natural
right and justice in the defence of his life
and property, whether he be dealing with
white, or black or brown. Law which is
framed to meet normal cases, however
just in itself, and however well adminis-
tered, may, in such abnormal cases, be
rightly and properly tempered by the
exercise of the prerogative of the Crown,
and such mercy may be exercised by its
representative without in any way im-
pugning the general wisdom of the law
or the purity of its administration. He
(the Governor) understood that the de-
putation believed that this was such a
case, and that such being the issue the
Judge and jury had to try, that the Judge
and jury felt themselves bound to con-
vict and sentence ou technical grounds
alone ; and that they, the Judge by his
charge, the jury by their verdict, admitted
the statements, or many of them, that
are now urged by the deputation. Should
the question be referred back to him
by the Home Government he would
without (in the absence of any new
facts) assuming to retry the case, take
the means in his power to ascertain how
far the assumption of the deputation
regarding the position taken by the Judge
and jury was correct; but he would guard
them from supposing that he admitted
the accuracy of the reports in the Perth
Gazette. It was said that the Chief Justice
had admitted the substantial correctness
of the charge to the jury only.

Mr. Brown said that they perfectly un-
derstood that ; adding, that if the report
was true that the Queen had remitted
four years of the sentence imposed on
L. C. Burges, that the moral stigma upon
him would not be removed, but on the
contrary would rather be affixed to him
by the decision.

The Governor quite endorsed this view.

Mr. Brown was sure that His Excel-

lency would appieciate the intention of
the deputation to continue their appeals
until their object was attained, which was
exoneration, and not merely a partial or

even total remission of sentence. He
would ask, whether in the event of the
case being taken out of his hands by ac-
tion at Home, and of His Excellency con-
curring in the justice of the prayer of the
memorialists, he would be precluded from
forwarding this memorial to the Queen
and supporting their appeal ?

The Governor, replying, said that
should the question be referred back to
him he was quite willing to consider, in a
spirit of perfect impartiality, any repre-
sentations that might be made by Mr.
Brown or others on behalf of the prisoner;
always bearing in mind the duty imposed
upon him of maintaining equal justice
for rich and poor, black and white, the
Governor was at the present time abso-
lutely debarred from entering into the
question. The friends of the prisoner had
elected to bring the matter before the
Secretary of State, and had done so. It
was reported, he knew not with what
truth, that Her Majesty's decision had
been given already. That decision would,
of course, whatever it might be, be final,
so far as regarded him, the Governor; and
if a decision arrived by next mail he would
inform the deputation. He impressed
upon the deputation the necessity of un-
derstanding that he had not committed
himself to any concurrence in the argu-
ments used by the deputation or in the
petition; that he left himself perfectly
free; that all he had done was to lay
down certain stand-points, and to pro-
mise, if the matter was referred to him,
to give it his most impaitial and careful

consideration.

Mr. Davis said he would also ask whe-
ther if Home action had been taken upon
different and less forcible grounds than
were now put forward, His Excellency
would not feel able to act, provided, of
course, that be agreed in the views of the

memorialists ?

The Governor said that so far as he
himself went, his authority in the matter
was simply derived from the Queen. He
should consider the case closed so far as
he was concerned by her decision, though
much might depend upon the form in
which it was conveyed to him, and in-
structions that might accompany it. The
friends of L. C. Burges were of course at
liberty, constitutionally, if they thought
fit, further to petition the Queen ; and it
was his duty, under the regulations, to
transmit all petitions not in themselves
of an improper character. He should,
therefore, forward such a one.

Mr. Davis, said he wished before leav-
ing to remark that the only thing which
he blamed Mr. Burges for in the case,
was not reporting the occurrence officially
on his arrival at Geraldton, his not hav-
ing done so gave a coloring to the affair,
which the investigation had removed.

Mr. Leake—He would endorse Mr.
Davis' remark. He had intended to say
the same thing when introducing the de-
putation, and to add that he had men-
tioned it to Mr. Burges prior to his trial,
and that Mr. Burges replied he had writ-
ten it to Mr. Barlee; he (Mr. Leake) told
bim that Mr. Barlee denied that he had
done so, and Mr. Burges did not press
the subject, saying he had no copy of his
letter, but that he was sure he had writ-
ten it to Mr. Sholl, the Government
Resident of the district in which he had
shot the native, and he (Mr. Leake) had
since seen Mrs. Sholl who informed him
that Mr. Burges' statement was correct,
as she had seen Mr. Burges' letter to Mr.
Sholl, wherein the occurrence was re-

cited.

Mr. Maitland Brown then very warmly
thanked the Governor for the manner in
which he had received the deputation and
the attention with which he had listened
to them. The deputation then withdrew.

[The following are the names attached to

the Petition.

J Sewell, jun, JP, Beverley, sheep farmer
S S Parker, JP, York, farmer and miller
S E Burges, JP, Tipperary, landowner
J Seabrook, JP, Brookton, flockowner
G. M. Meares, JP, York, farmer

S P Phillips, JP, Culham, settler
J. Drummond, JP, Toodyay, settler, MLC
T. Burges, JP, Northampton, settler ,
A F Lee Steere JP, Newcastle, settler
J S Davis, JP, Tibradden, stockowner
E W Landor, JP, Perth, barrister x

W Cowan, JP, York [although I don't

agree with the whole memorial, I cor-
dially pray for the remission of Mr. L.
C Burges' sentence]

C Carey, Bunbury, Surveyor, MLC

H O Barnett, JP, Fremantle, Surgeon
John Brockman, JP, Busselton, settler
E Whitfield, JP, Crawley

J G C Carr, JP, Perth, merchant, MLC.
M Logue, MLC, Ellendale, squatter
G Shenton, Perth, merchant, MLC
H Ashton, JP, Perth, gentleman

W S Pearse. Fremantle, trader, MLC

A Y Hassell, JP, Albany, grazier, MLC
R Salvado, Bishop of Port Victoria, [I do

sign the foregoing Petition for grace in
favor of Mr.L. C. Burges although I
do not agree with form of it]

M Griver, Bp. Adm Ap of Perth, [I sign

the above Petition asking for grace on
behalf of Mr. Burges]

T Fawcett, JP, Pinjarrah, vineyard proptr
W E Marmion, JP, Fremantle, MLC, [I

sign this petition begging for clemency
on behalf of Mr. Burges though I do not
agree with the whole of the memorial]
G R Howard, Perth, Chaplain, CE
James Brown, Perth, Archdeacon

L S Leake, JP, Perth, Speaker L Council
S W Viveash, JP, Swan, settler

W Knight, JP, Perth, gentleman

M Brown, JP, Glengarry, squatter

R King, JP, Fremantle, merchant'
J Logue, jun, JP, Harvey, settler

E B Lennard, JP, Beverley, farmer

R deBurgh, JP, Moore River, settler

J Drummond, JP, White Peale, settler
C Foss, JP, Irwin, settler

D H Scott, JP, Geraldton, merchant
H W Venn, JP, Roebourne, squatter
C Crowther, JP, Geraldton, merchant

F Lochee, JP, Perth, Cashier WA Bank
H Dixon, Fremantle, storekeeper
J Weedon, Fremantle, gardener

E H Higham, Fremantle, storekeeper
James Storey, Fremantle, shipwright
William Kett, Fremantle, storekeeper

G Bostock, Fremantle, Clrk. in H Orders
F Davis, Creaton Hall, shipowner
C Paterson, " stockowner
G P Paterson, Greenfield, farmer
L Samson, Fremantle, merchant

W D Moore, Fremantle, merchant
E Solomon, Fremantle, auctioneer
J Thomas, Fremantle, publican
H Walker, Fremantle, tailor

M Samson, Fremantle, merchant

W Ridsdale, Fremantle, confectioner
F Mason, Fremantle, jeweller

J M Absolon, Fremantle, merchant

J Pearce, Fremantle, newspaper propritr.
H Blake, Fremantle, hairdresser
C Annois, Fremantle, storekeeper
J Healey, Fremantle, landowner

J A Christie, Fremantle, master mariner
David Lackley, Fremantle, storekeeper
W Johnson, Fremantle, boatowner

Stephen Allpike, Fremantle, carpenter

P E Kelly, Fremantle, tailor
L Samson, Fremantle, storeman
S Hearus, Fremantle, warder
Dennis Herrin, Fremantle, landowner
D O Bruce, Fremantle, storeman
H G Stirling, Fremantle, clerk

H Burton, Fremantle, carpenter
T Tapper, Fremantle, boatowner
L Duffield, Fremantle, cooper
J Staines, Fremantle, carter
G White, Fremantle, porter

D Sullivan, Fremantle, teamster
F Johnson, Fremantle, teamster
G Davis, Fremantle, carter

J Broomhead, Perth, sailmaker
John Ricks, Fremantle, carter

W T John, Shark's Bay, pearler .

H S Jose, Fremantle, shopkeeper
Edward Holmes, Fremantle, mason
James Herbert, Fremantle, publican
S E K Capper, Fremantle, engineer
James Murtha, Fremantle, laborer
J Condon, Fremantle, pensioner
J Wellby, Fremantle, jeweller
H Cook, Fremantle, laborer

J Doran, Fremantle, pensioner
J Eyer, Fremantle, tailor

R Owen, Fremantle, mariner

P Littlejohn, Fremantle, mariner
W Howson, Fremantle, artist

R T Eaton, Roebourne, stockowner
W Paterson, Dandalup, farmer
W T Oakley, Fremantle, miller
A Cornish, Murray, farmer

F do Candy, Fremantle, steward S
H Henderson, Fremantle, pensioner
P Quinn, Fremantle, pensioner

J Davies, Fremantle, tailor
W Collins, Fremantle, gardener
J Cook, Fremantle, miller

C Sweetman, Fremantle, carter
J Fay, Fremantle, laborer

H Cantrell, Fremantle, carpenter
A Stake, Fremantle, gardener
H Devitt, Fremantle, laborer

T Hopkins, Fremantle, carman
J Odgers, Fremantle, tanner
J Martin, Fremantle, seaman
J Povey, Fremantle, tinsmith

P Sullivan, Fremantle, pensioner
W Harris, Arthur, farmer

J B Fallan, Albany Road, sheepowner

S Stale; Beaufort, farmer
S Stale, jun, Beaufort, farmer
O Stale, Beaufort, sheepowner
W Smith, Beaufort, farmer
E Smith, Waggery, farmer

T Febry, Waggeryup, farmer

W Andrews Norris, sheepowner

J Taylor, Albany Road, farmer

J Thompson, Arthur River, sheepowner
J Spratt, Albany Road, publican

J McKenna, Waggeranup, farmer

Henry Moore, Waggeranup, builder
T Thomson, Darnangering, farmer

H H Brown, Beaufort, doctor

(Continued on Supplement.)

Printed and published by M. SHENTON, at the
Office of the "Perth Gazette and W. A.

Times," St. George's Terrace, Perth, where all
communications,advertisements, and orders for
Printing are to be addressed.

J Donovan " stone cutter
A Marshall, Quindalup, farmer
T Kavanagh "
J O'Donnell "

W Spencer, Bunbury, merchant

J Woodman, " bootmaker

Mrs Bay, " storekeeper
J Samson, " surgeon

Emma Rose, " hotel keeper
W White, Bunbury, horse breaker
G W Lloyd, Bunbury, builder

J Forrest, Preston River, stockowner
J Ager, Preston, farmer

J Perran, Bk River, farmer
J Allison, Picton, yeoman

J Cleary, Dardanup, yeoman

H T Lawrence, Picton, farmer
H King, Bunbury, brickmaker

W Richards, Bunbury, sandal wood cutter
W Brimsden "

W J Gillman, Bunbury, storekeeper
G J Connor "

G R Teede, Bunbury, commission agent
J Scott " farmer

J T Logue, Wellington, farmer

Henry Thompson, Bunbury, carter

T E Spencer, Bunbury, hotel keeper
R Doncon, York, publican

C Massingham, York, setter
C Watson, Perth, boatbuilder
D Semple, " clerk

E. Wansboro, " police constable

E Stirling, " editor & newspaper prpr
M Condron, " hotel proprietor
F A Watson, " compositor
F R Stirling, " do.

W. A. R. Jones, reporter

G Lazenby, " house proprietor
H Grundy, "clerk
H Arnold, " do.

F Stone, jun., " store assistant
J Arnold, " storekeeper
R D Hardey, York, farmer
R Miller, Glengarry, do.

J Caldwell, ditto, overseer
G Pearse, Fremantle, trader
J. Pearse, ditto, do.
G Cooper, ditto, tailor

A H L Cole, ditto, accountant
T W Scott, ditto, publican
G Baston, ditto, victualler

L Henderson, ditto, storekeeper
P Hagan, ditto, victualler
J J Harwood, do., do.
J Harwood, jun., do. do.

S Law, do., carpenter

R Kyle, do., house decorator
T Groves, do., store assistant
J Sainsbury, do., carpenter

W Stone, do., storekeeper
A Bateman, do., do.

W Wagner, do., store assistant

T Travis, do., house decorator
J Freeman, do., laborer
J Prest, senior, do., do.

J E Law, do., merchant's foreman
M Moran, do., landowner
W Davis, do., engineer

J Blackburn, do., boardinghoasekpr.
T Skaife, do., bookkeeper
W Brown, do., sailmaker

W Leach, do., storekeeper
D B Francisco, do., shipbroker

J Johnson, do , Congi. Minister
W. Easton, do., \igneron

G Taylor, Perth, master builder
E Tunney, Albany, storemaa
R Tunney, " clerk

S Wood " carpenter
J Bruce, " boatman
J Sale, " mariner
J Wallace, " carter
C McKenzie, " whaler

W Hiddin, " waterman
S. Piggott, Minlicup, farmer
E C Capel, Albany, painter

F Hymus, Spring Vale, farmer

G Hudhams, Albany, brickmaker
J Nelson, ditto, innkeeper

J R Dunn & Sons, Woodburn, farmers
J Sharp, Muirhead, farmer
T Norrish, Eticup, do.

A, W. Hassell, Kendenup, grazier
A Moir, Albany, merchant
H. Prior, " publican
R Muir, " merchant

A Muir, Lake River, grazier
T Sherratt, Albany, whaler

W I Gillman, " storekeeper
J B Hassell, " merehant
G Maxwell, " naturalist
J G Menzie, " publican
T Muir, Sobenup, grazier

A Muir, Forest Still, grazier
J Muir, Glen Vale, grazier

W. G. Knight, Woodland, settler

J Smyth, Perth, accountant NI. Bank
J Dyer, Perth, house and landowner
S H Parker, Perth, barrister
J Spencer, Belgarup, grazier
W Elverd, Kojonup, publican

R Lorton, " postmaster
M Reilly, Kojonup, farmer

James Lambe, Albany, tanner & currier
S Phillips, Kojonup, saddler
J Elverd, " farmer

M. Reilly, Kojonup, sergt of pensioners
J Bates, Kojonup, pensioner
J McGlade, Eticup, farmer

Wellis Prosser, Eticup, shoemaker
J Norrish, Walkerup, farmer
G Norrish, Walkerup, farmer
J Johnson, Kojonup, farmer
J Ford, " laborer

W Jones, " blacksmith

L. Vanzuilecom, Belgarup, farmer
N Newstead, Kojonup, pensioner
J Williams, Albany, farmer

Lomas Toovey, Albany Road, farmer

W Porter, " " sheepfarmer
M Graham, Fairfield, grazier

S S C Symes, Albany, householder
J Sommup, Mount Barker, publican
R E Warburton, Posten up, farmer
J Tunney, Belgarup, farmer
J Copeland, Talyrup, farmer
S Bispham, Albany, engineer

J Tunney, sen, " charge of pensioners
C Norman, Albany, baker

H Prion, " publican
J G Darman, " smith

J Tunney, Kojonup, victualler
W Harris, Albany, householder
W Cooper, Albany, publican
G Prion, Albany, carter
S Wood, " builder

W Palmer, slab but, farmer
J Wray, Albany, shopman

W Parsons, Molinup, tanner

A Vanzuilecom, Kojonup, farmer
J Aarvey, mining captain

W Warrenson, Treverton, stockowner
J Andrew, Geraldton, victualler
A K Lacy, Northampton, settler
R Brockman, Greenough, &c.

H Hasley, Flying Squirrel, master mar,
M Downes, Geraldton, storekeeper
I Walker, " accountant

W Mills, " master mariner
J Walton, " land proprietor
T Walsh, Greenough, settler

H Smith, Geraldton, accountant
J H Gale, " accountant
F Walde, " farmer

A Waldeck, " accountant
J Mills, Nivin Farm, squatter
C Smith, Geraldton, baker

W Jose, " store assistant
J Hicks, M draper

W Bone, Greenough, farmer
J B Hale, Geraldton, tailor
J Warren, " farmer

W Armstrong, " store assistant
A Pead, Geraldton, butcher

J Turner, " boarding house keeper
T Reid, " laborer

M Rowan, Mount Erin, farmer
W Carr, Geraldton, farmer

G Thomas, " warehouseman

J Pengilly, " 42 years resident
J Coe, " blacksmith

W Saunders, Stone Side, farmer
F Gibson, Geraldton, saddler
W Campbell, " baker

C Bennett, Chapman, farmer

C Haredine, Geraldton, carpenter
J Hall, Mount Pleasant, farmer
J Mcpherson, Carnamah farmer
T Criddle, Greenough, farmer
G H Roe, Perth, surveyor

P Hagan, Geraldton, farmer
J Smith, Dongarra, farmer

R J Wright, Geraldton, laborer
J Gilmore, Greenough, laboaer
J Giles, " farmer

R Owen, Fremantle, master mariner
J W Waldeck, Greenough, faamer
C Connolly, " farmer
H. Criddle, " farmer
T Clinch " miller
W Waldeck " farmer

W Edmunds, " blacksmith
J Wilton, " farmer

L Leverman, " carpenter
T Ingram, '* carpenter
C Cunningham, ** farmer

A Walker, Geraldton, builder
M Daly, Mines, engineer

J Smith, Lane Farm, farmer
W Trigg, Geraldton, builder
H Eves, Greenough, farmer

J Eakins, Greenough, farmer
W Hosken, Geraldton, farrier

W Morrissey, Mt. Erin, 32 years settler
M Hosken, Geraldton, hotelkeeper

I Broun, Fremantle, mine proprietor
H Cook, Chapman, sheepowner

J Wright, Geialdton, sergt. oensionera
R Lucas, Greenough, publican
J Turner, Geialdton, carpenter
R Grey, Bowes, drover

C Armstrong, Bowes, farmer

J Murray Davis, Geraldton, accountant

S Eakins, South Greenough, innkeeper
S F Moore, Dongarra, storekeeper
E W Clarkson, " blacksmith
R Walcott, Irwin River, farmer

Rev. D G Watkins, Grengb, col chap
E Goodwin, Milo Irwin, farmer

E Brockman, Irwin, sandalwood cutter
T Waters, Milo, farmer

L F Reilly, Irwin River, farme k grazier
J S Maley, Greenough, miller
J Smith, " farmer

W E Brasher, " storeman
S Jones " farmer

E W Dunn, Inga, farmer

W C Glass, Geraldine, accountant
W Edwards, Gwalla, miner

J Williams, Willow-gully, sheep farmer
T Williams, jnr. " "
T Williams, snr. " "

W Chambers, " carpenter
F Powell, " shepherd
P Ginlety, Northampton, farmer
C Drew, " "

J Grattard, " shoe maker

J Mitchell, " mining agent
P Borer, " farm laboier
W H Bear, Geraldine, miner

J Thomas, " butcher
R Bear, " miner
J Huddy, " "
W Holmes, " "
J Allen, « «
W Hynn, " "
C Encord, " "
M Hynn, " "
J O'Hara, " "
W Nicholson, " "
J Evans, " "

G Mitchell, " labourer
W Kirton, " miner
D Price, " "
W Brown, " "
W Slennon, " "
J Row, " «

J Reynolds, Geraldine, miner
T Philips, " "
J Martin, " "

T Kenyon, " bootmaker

F L Von Bibra, Sharks Bay, grazier
G Smith, Minumooka, baker

J Little, " teamster
R Brood, " foreman
W Langsford, " gardner
J Slanney " laborer

J Ryan, Migawhay, farmer

F Pend, Champion Bay, carpenter
G Ribinson, Northampton, miner
J Sainsbury, " accountant
J. Beswick, " farmer
P Smith, " Shepherd

C Gallacher, " L Victualler
H Burnside, " Tinsmith
S Mitchell, Geraldine mining captain
S Smith, " clerk gldn mines

M O'Hara, " teamster
H Sims, Guala, farmer

J Booth, Geraldine, miner
J Williams, " "
G White, " wheelwright

C Cliaffard, " Miner

H Summers, " '"

J Jones, " "

J Wright, " team owner
A Allen, " miner
J Abernetly, " "

J Twideale, " "
R Ashman, " "
O B Bank, " "
W Hull, " "

W Kelly, " "

P Hutchison, " "

O Williams, " teamster

J Slellile, " miner

C Slellile, jnr. "

L N Walcott, Irwin, farmer
J B Ridley, " "

C A Fane, " settler

R Pettit, " farmer

R W Pettit, jnr "

C Whitehurst, " "

J T Johnstone, " "

J Pell, " "

J Truslove, " sandalwood cutter

T Willey, " publican

E Bryant, " farmer

W Devonshire " laborer

W Austin, " farmer and gardner

W Nairn, " farmer

R Fletcher, " laborer

J Jennings, " "

W Beattie, " shoemaker

P H Passey, " settler

J T Cook, Neuleyine farmer
C Taylor, Grass Valley, "

G Throssell, Northam, storekeeper
J Lockyer, " farmer

T Wilding, " "

H Leeder, " "

J N Morrell, " farmer and grazier

J A Keenan, " wheelwright

J H Gregory, " farmer

J Delmage, " farmer and grazier

W Forward, " blacksmith

W L Oliver, Fremantle, med. pract.
G A Lenbert, " storekeeper
F W Brittain, " clerk

A G Davies, " land proprietor

J Nash, Fremantle, master mariner
A Brown, Shark's Bay, pearler

J McKenzie, Fremantle master mariner

A Maryins, Geraldton, late 1st engr Xant
J Nunan, Perth, builder and architect

G Blurton, DeGrey River, pearler

J Davidson, Glengarry, contractor
C Gill, Shark's Bay, grazier
D Blaney, Chapman, farmer

J Ridley, Wilberforce, farmer
R Redhead, Numerka "
G Pope, Geraldton, "

W Howard, Tillgaddy, squatter

J Conelly, Geraldton, master tailor
F Pearse, Dongarra, storekeeper

J Smith " miller

R Rowland, jun, Dongarra, farmer

M Hosken " mine captain
R Rowland, Dongarra, farmer
H Waldeck " "
T Russ " "
D Brand " "
W Criddle " "
A Russ " "

A Thistleton, Geraldton, late 1st offcr. X.
R Creswick, " builder
C E Broadhurst, Perth

M Smith " householder
C Massingham, Dongarra, farmer
J Morrissey, Irwin, sheepfarmer
H Look, Greenough, farmer

W W Mills, Fremantle, master mariner
H Oakley, Bower River, groom

J Cooper " shepherd

J O'Grady, Fremantle, master mariner

M Finn, Port Walcott, commerl. traveller
J Leslie, Glengary, bookkeeper
J Rowe, Greenough, contractor
J Walker, Dongarra, farmer
R Cousins " "
J Pascoe " "
G Peel "

W E Wass " schoolmaster
R Clark " farmer
W A Sullivan " "
J Salter " "

W Salter " "

R Spokes " "

Michael Clune
Martin Clune
J Clune

T Leahy

R Maker
J Woods

W Woods
T Maker
J Woods

P Murphy

John Murphy

James Murphy

J M Butler
P Butler
J Butler
T Butler

A Lanigan
R Lanigan
M Lanigan

M Mccaffery
J Mccaffery

W Boxhall

W Boxhall, jun
T Kelly
W Kelly
B Kelly

W Dennett

T Fitzgerald
B English

T Ginton

E Duplex

J Shannon
J Bryan

J Fannon
J Dove

J Smithers
J Storey
G Garvey
M Fannon
E Price
J Price

J Boxhall

W Shannon
R Shannon

M Murray

J Isaac

H Brown
T Butler

W Snook, Dongarra, store assistant
L P Dempster, Esperance, farmer
J S King, Fremantle, merchant

D K Congdon " chemist & druggist
C B Teede " storekeeper
J Humphrey " auctioneer
J Thomas, Rockingham, farmer
G Thomas, Fremantle, publican

A Macher " bank clerk
J Bateman, jun "

C Holman " storekeeper
E B Lennard, Beverley, farmer

J McKenna, Fremantle, storekeeper

W Jose " "
J Brown " baker

L A Manning " merchant

H Russ " blacksmith
B C Wood " clerk

J Loane " atoreman

G A Davis " pawnbroker

H Caporn " boatowner

J A Brewer " naturalist

W P Smith
J Lewis " merchant

J Conway " laborer

W H Weekes " printer

J Herbert " publican

J Cook " blacksmith

W Owston " shipowner

G Curedale " storekeeper

J Snook " storeman

W Bartram " merchant

W Downes " baker

P Webster " mercer

T Haddrill, Upper Swan, farmer
A Minchin do do
W Minchin do do
J Minchin do do
T Middleton, Ellen's Brook do
C Morley, Upper Swan, do
H Martin, Chit. Brook do

W Brown, Upper Swan, bootmaker

A E Anderson, DeGrey, sheepfarmer
F Pearse, Cossack, storekeeper

E McLeod, Maitland, sheepfarmer
D N Paterson do do
G B Scott, Roebourne, pearler

C L Smith do gentleman
R C Bax do pearler
J Abbot do pearler
G Fisher do farmer
J Shea do pearler

J Best do

W H Ellery do carpenter
H English do mariner
G Embleton do do

C Gallop do pearler

G J Ashton do late Lieut 53rd Reg
M H Hale do shepherd
T Weedon do butcher

J Young do blacksmith

H H Hickes do flockowner
T L Bassett do builder
AT Sutton do do

W Gardener do saddler

G B Fauntleroy do storekeeper
W Murphy do cook

T Brown do publican
W Geyr do barman

W W Miles. Clarence Packet, mastr mar
G Lockyer, Harding River, sheepfarmer
R Hickes, Roebourne, settler
J Simpson do pearler
J A Cooper do miner

G G Gouch, Port Walcott, merchant
F McRae & Co, Rob & Cossack do

Grant, Harper, and Anderson, DeGrey

[sheepfarmers
W R Wynne, Cossack, postmaster, &c

Howlett & Grouch, Port Walcott, traders
A W Pead do carpenter
C W Ferguson, Cossack, gentleman
J A Taylor, Cossack

A miller, Cossack, carpenter

Richard Blackall, Cossack, storekeeper
Lionel H L Gould, Port Walcott, do.
W Dunkley, Cossack, boatbuilder
W Ross, Cossack, pearler

H W Sholl, Roebourne, pearler

H W Venn, j.p., Maitland Riv, squatter
A McRae, Fortescue River, sheepfarmer
J Edgar, George River, sheepfarmer

D Chapman, Cossack, hotel proprietor
E D Melbourne, Cossack

J Ferguson, Cossack, seaman

G Duff, Cossack, master mariner
R Smith, Cossack, carpenter

M Spencer, Roebourne, carpenter
J T Ford, Cossack, builder
T Lee, mariner

H Shield Simon, Cossack, carpenter
B Anthony, Cossack, cooper

R Kirby, Cossack, station manager
T Wright, Cossack, tailor
J Turner, Cossack, pearler

A Young, Cossack seaman

D Stewart, Cossack, publican
A Gray, Roebourne, groom

MacKay Brothers, Yule River, sheepfms.
C & P Sullivan, Cossack, pearlers

R Phillimore

SP Islester, Cossack, shipwright

R L MacKay, Youle River, sheepfarmer
J Fisher, Roebourne, pearl shell fisher

E J Kelsh " "

F McKae, " merchant
T E Johnston, " pearler
R F Sholl, " "
G Knight, " "

W Howard, " master
J O'Brien, " seaman
H Coffen, " "

H B Loftie, " pearler

R Wrightson, " ship builder
J & Richardson" settler
G Fagg, " seaman
A Bertie, " "

H C Paterson, Cossack, pearler
E Chapman, Cossack, "

J Paterson, Roebourne, pearler
A Francisco, Cossack, "
Albt. Francisco, " "
J Renouf, " "
C Edwards, " "
M Smith, Roebourne, "

G Ralston, " accountant
G Soutbgait, Sherlock, shepherd
R.Fraser, Roebourne, squatter

W H Hale, " carpenter
R Burns, " "

J F Hancock, Andover, squatter
J Stewart, Roebourne, publican
M Mcintosh, Fortescue, settler
D Casly, Roebourne, jeweller

S H Viveash, Jones Creek, settler

G Craigs, Jones Creek, manager of station
D Killpatrica, Andover, laborer
D McGratb, Andover, shepherd
J Mitchell, Roebourne, squatter
J Moloney, .. carter

W Barlow, Sherlock, shepherd

J Farquar, jones Creek, labourer
T Warfourtoo, " cook

W Worth, Sherlock, shepherd

T R McKenzie, Millstream, stockowner
G Popjoy, Roebourne, stonemason
C Sherwood, " carpenter
A Young, " "

J Poulit, " teamster
J Craig, " pearler
H O'Connor, " "

C Fleay, Williams, sheepowner

Peter Brooks, Arthur River, farmer
W Brown, Arthur, farmer

G Dyson, Williams, farmer

J Stevens, Williams, sheepowner

H Grainger, William River, farmer

J Croker, Williams, shepherd

C Carpenter, Williams, sheepowner

M. Quin, jun, William River, sheepowner
G Lund, Busselton, laborer

R Gale, Busselton, farmer and grazier
J Dawson, Busselton, farmer
G Dawson, do do
T A Murkle, do do

Henry Caporn, Busselton, saddler
T Smith, Sussex, farmer

V Minion, Sussex, farmer

W Barker, Sussex, shoemaker

M McGuiness, Blackwood, shoemaker
W Sunter, Vasse, smith

W McDaniel, " shoemaker
A Baskerville, " "

A S Clark, " accountant
W Earnshaw," grazier

R B Simmons " accountant

W Layton, " cabinet-maker
C Layton, " carpenter
J White, " farmer
G Rose, " "

J Cockman, Gingin, victualler
F J Wallace, " yeoman
W J Spice, Bindoon, farmer
A Butchart, " laborer
A Thompson, " "

S Robinson, Yatheroo, splitter
R Abraham, " laborer

H Broadbent, " "

T Greenhagh, " cook

P Haffman, " plasterer

James Bullock, " splitter

W. Beresford, Perth, Editor ' P. Gazette'
G Hall, Yatheroo, laborer

C Bowson, " blacksmith
T Goddin " laborer

M Dodd Coolwordu, farmer
J Moraghan " laborer
G Burnett, Winubo, farmer
R Hall, Winubo, laborer

W Burnett,, Myntoo, farmer

W Hardy, Dondarragon, cook

W Arditon, " bootmaker
J Smith, " shoemaker
R Wifford, " farmer
C Cook, " "
J Cook " "

J Chipper, Perth, hotel-keeper
R Saunders, " clerk

J Wear, " store assistant
H Bell, " clerk

S B Devenish, " store assistant
W Snook, " storekeeper
G Williams, " importer
A Cumming, " merchant
P Roland, " printer

C McMullen, " compositor
S Wade, " printer
W Stuart, " "
WP Smith, " "

W T Loton, " merchant
W Spencer, Bunbury, "

D Cameron, Perth, baker

W Campbell, " accountant
G Budd " pubiican

T Jackson " storekeeper

T Williams " merchant

P Miligan " storekeeper

J Corbett " carter

W Wimbridge " wheelwright

R West " veterinary surgeon

M Rowland " butcher

R Hicks " hotel-keeper
T Hicks " accountant

F Greaves " pawnbroker
J Davis " painter

R Edwards " storekeeper

J Dyson " general dealer
J Sowden " blacksmith
A Baxter " - tinman
S Thwaites " brewer
T Stanley " tailor

F Glaskin " goldsmith
D Jeff " butcher
G Inkpen " printer

G Marfleet " baker

T Farmer " clothier
H Wood " tailor
J C Bonner " tailor

F Scanlan " compounder
W Hall " pensioner
P Lynch " "
J Hodgin " "
M Rubery " "

T McGann " "

P Reilly " "

R Mansfield " boatman
F B Titfield " "
T Hall " "
A Taylor " "

A D Letch " storekeeper
W E Taunton, " gentleman
W J Cooper " accountant
E Kerg " farmer

G F W Chipper " house proprietor

J H Dixon " clerk

F B Timewell " newspaper propritr
R M Smith, Cave Hill, settler *
J Allpike, Wambygine, settler,
H Lukin, Powerina "
A R Keen, Bunbury, settler

J Ramsay " butcher
J McGuire, Dardanup, farmer
G Ramsay, Minninup
G Payne, Caper Mill

D Forrest, Bunbury, stockowner

J Gardiner, Ferguson River, farmer
A Wood, Preston River "
J R Payne, Capel River "

T Hayward, Ommaney Road landowner
J Conibeere, Bunbury blacksmith
J Costello, " tidewaiter
W Ward, " bricklayer

J Foley, Ferguson River, farmer
H Lipsitz, Bunbury traveller

E Gardiner, Ferguson River, farmer
J Marriott, Brunswick "
J Hoolihan, Bunbury gardiner
J Conners " freeholder

J White " farm laborer
W Rodwell " shoemaker
T Delaney " "

H Flynn, Ferguson River, farmer

W Forrest, near Bunbury Mill owner
E Kinsella, Ludlow farmer

W Gibson, near Bunbury farmer
J Bovce, Bunbury settler

W Webb " farmer
W Needs " "

W Philips " "

C Utton, " accountant
W Atkins, " storekeeper

T Carter, Leschnault "

T Wilkes, " teamster
A S Clarke, Hampden, farmer

J Hayes, Bunbury, "

W Calfe, " farrier & currier

D North, " landowner -

C H Hastie, " carpenter

R Busher " farmer

T Busher " "

F Busher " "

M Coonan " "

T Coonan " "

P Coonan " "

J Wood " "

P Waters " "

J McGuire " "

0 Shanahan " "

K Doolan " "

J Doolan " "

J Fowler, " grazier

D Harvey, Ferguson, farmer
T Garvey, Dardanup "
P Garvey, " "

T Dillon " "
J Hartnett " "

T Delaporte, Minninup, farmer
G F. Roberts, Capel, "

C Properjohn " "
R Scott, Minninup, "

J Scott " "
H Scott " "
G Scott " "
T Roberts " "

C Redmile, York, storekeeper

G Wall " wheelwright
C Horley " storekeeper

G Wansborough, York, wheelwright

E Parker, York District, sheepfarmer
J Langford, York, blacksmith
C Heal, jun " sheepfarmer
E Langford " blacksmith

G J. Blackiston, York, schoolmaster
S Parker, York District, landowner
S Harrington, York District, farmer

E Knott " "
W Warren, York, tailor

J Meadowcroft, York, tinsmith

R W. Chipper " mailcontractor
J Giles, York Road, farmer
C Chiswall, York, baker

R Wise " shoemaker
J Brooks, Beverley, farmer

J Pyke, York, mailcontractor
J Allcock, " farmer

J Shone, Grambygine, fanner
R Doncon, York, farmer
W Chifney, " "

W M. Parker, Mt Stirling, sheepfarmer
R H. Drake, York, Clerk
F Saimeney " farmer
J Taylor " engineer

J Whiteley " shoemaker
H Martin, York, farmer

J McKeown " wheelwright
T Bird " sheepfarmer

S S Bygrade " bootmaker
W McKay " carpenter
G Morton " carpenter
G McLeod " broker
M Rice " farmer

H Blazzard " farmer
S Hogan " farmer

S Hogan jun " farmer

Rev W Johnson Parsonage " chaplain
G Kemp " bootmaker
R Dexter " farmer
T Kindella " "
W Fleming " "
W Smith " "
R Connolly senr. "
R Connolly junr. "
S Connolly " "
P Sherry " "

A Scotcher " laborer
J Priest " farmer

E Mills " farmer

J Hubard, " brickmaker
T Moore, " teamster

C Healey, " farm laborer
J Glyde, " laborer
H Saw " laborer

H York " inn keeper

J Field, Tipprary, farmer
A Wright, York, "
C Collins, Boyadine "

T Reynolds, Skeleton Pool, farmer
R Gallop, York, jun "
J Scott, Sen, " "
W Lott " "
T Lott " "

D Fields, Tipperary, farmer
M Stone, Auburn "
J Stone " "

J Seageley, York, shepherd
F Wilkins " farmer
G Welfare " laborer
T Bird, jun, " farmer

W Brown " "
G Lilly " "

A Bradshaw " wheelright
J McPherson, Toodyay, settler
M Brown " farmer
J Cunningham " "

L B Lukin " settler

J S Clarkson, Dundaragan, settler
T Drummond, Toodyay, settler
James Ferguson " "
John Ferguson " "

S Martin " farmer
J T Britt " "
J Oneil " "
W Rumble " "
W Rumble, jun, " "
T Oneil " "
T C Oneil " "
R Pritchard " "
W Beard " "
P Lynch " "
A Martin " "

W Chitty " "

M Doust " "
G Beere " "
E W Beere " "
C Glass " "
G Whitfield New Castle "

T Ferguson Toodyay "

A Green " Surgeon

B D Clarkson, Mt Anderson, farmer, &c
D M Floyd, Toodyay, farmer
C Floyd " "
J Poole " "
H James " "

W B Clarkson " sheepfarmer
S W Viveash " "

F Kirk, Newcastle, blacksmith
W Boardman, Toodyay, farmer

J T Wood, New Castle, storekeeper

R Waters, sen, Toodyay, farmer

J J Giles, New Castle, landowner
R Waters, jun, Toodyay farmer

J Everett " farmer & grazier

J Davis " farmer

J Martin, New Castle, blacksmith
S F Green, Toodyay, farmer

W E Whitfield " sheepfarmer
E Bird, Newcastle, painter

J McDermot, Toodyay, farmer

F Whitfield ' " sheepowner '
W W Bramwell, Vasse, storekeeper
H B Bryan, Ludlow, surgeon, &c

T Larkin " farmer
W Moriarty " "
R Gibbons, Bagnier "

P Riley, Grove House, farmer
W Gentle, Qualinton, farmer
S Gentle, " "

J Endersby " "

F Cooke " "

L Ingram, Nailing, laborer

J Lynch " shepherd
J Lyman "

T Grigson Bayds Farm, farmer
J Grigson " "

P Burns, Qualinton, "
J Crawford, Tipperary, "
J Ellis, Elbaning, laborer

R Lambert " "

H Christmas, Salt River, farmer
J Peek, Boyadine, farmer

J Howe, Contoneling, shepherd

J Wilberforce, Wilberforce, farmer
J Gardnet, Wilberforce, farmer
J Symonds, Tipperary, groom

T Pettit, " carpenter
M Dougherty " mason

J Cliff " laborer

C Winter " "
J Evans " shepherd
W Marwick, York, farmer

W Burns " "-
T Reynolds, Salt River, farmer

H Howe, Chauncy Springs, sawyer

T Reynolds, Mount Pleasant, settler
S Reynolde " "
W Reynolds " "
John Reynolds " "
James Reynolds " "
S E Burges, Tipperary, squatter

A S Clark, Wanering, sheepfarmer

C Smith, Beverley, farmer & sheepowner
M New, Wanering, grazier

J Taylor, Yangedine, land & sheepowner
E Doncan, Boyadine, "
C F Brown, Dale "
W Smith, Avondale "
J Bartram, Dale, farmer

J E Sewell, Mapelton, farmer

F Smith, Beverley, stockowner

H H Sewell, Annandale, farmer, &c
A Smith, Rockfield, sheepfarmer
R Clayton, Beverley, "

T McGrath, " farmer
H Turdèr, York, builder

W Morrison, Beverley, builder

C C Smith, Moorumbine, land & sheepowr
C Thompson, York, tailor
J Allen, " "

H M Eyre " independent

T Tomkinson " contractor

E Robinson, Wynerling, flockowner
W A Robins, Sunenhill, farmer
S Williams, Korbedine "
H. Kirkham " "
J Hill " "

W A Bailey, Hastings "

A Davis Wilberforce, shoemaker
J Scott, Glenavon, farmer

W Greaves, Guildford, storekeeper

R deBurgh, Swan, landed proprietor
S R Hamersley, Swan, landower
W P Graves, Guildford, clerk

H Vince " shoemaker

R Edmonds " stockowner

W B Robins " landowner

R Atkinson " saddler

R Scrivener " baker

W Howell " householder

M Wallis " builder

S Mooddy Helena, farmer

C Byfield, Mahogany Creek, sawyer
F Hitchcock, Guildford, farmer
P Troy, York, driver

J M Dempster, Northam, landowner

F Stannersly, Wilberforce, stockowner

C E Dempster, Buckland, farmer & graz
W Skinner " gentleman

W S Dempster, Esperance Bay, squatter
J P Dempster " "
A Dempster " "

W A Morgan, Northam, farmer & grazr
J Foley " "
T Foley " "
G Best, Toodyay, farmer

A C Smith " "

W Gorman " "
T Bourke " "
G Meredith " "

J Rowley " "
J Haywood " "
J Hennessey " "

J Irvine " landowner

H J Irvine " farmer and grazier

A G Irvine " "

J Sinclair Dumbarton, grazier

G Slater, Yeomling, farmer & grazier
T E Millard, Nardie, farmea

J H Johnson, Northam, blacksmith

J Wilkerson " farmer & grazir

G Watkins " "

L Dennis, Toodvay "

J Cook " grazier

C Gibson " farmer

J Ward " "

C Glass, jun " "

A D Glass " "

J Butterby " "

J Danks " "

G Powell, Northam "
T Cooper " "

R Bourke " "

M Carley " "

W H Perrin " schoolmaster

A B Lockyer " farmer & grazier

J T Smith " "

S Brown " C E Chaplain

J W Beam, Avondale, sheepowner
H Meares, Sangate "
J Meares " "
T G Meares " "

H Hancock, Spring Dells, sheepowner
G Cox, Moorumbine, farmer

P. Monaghan, Gwambygine, pensioner
T Taylor, Broadlands, farmer
R Scott, Glenirwin, landowner

H Randel " farmer

A Forrest " surveyor

J Bryan " farmer

D Sullivan " "

M Walsh " "

J Walsh " "

J Torrens " "

S Torrens " "

J Keating " "

J Slowes " "

J Lloyd " "

R Heeley " "

S Taylor " "

J Taylor " "

H Horton " "

R Taylor, Glenirwin, farmer

R Connolly, jun " "

J Cook " "

C Kloone " carpenter
J Sullivan " farmer
H Brown " carter

J Kelly " farmer

R Anderson " "
J Kennedy " "

J Munik " "
W Monte " "
T Bourke " "

W Toomey " "

W Linbo " "
R Becket " "

S Jones, Gingin, farmer & grazier

R Cockman " "
J Cockram " grazier

J York, jun, " farmer and grazier

T York " "
W Rock " "
S Mortimer " farmer and grazier
J. Stewart " farmer
J. Smith " blacksmith
W. Hill " labourer

S. James " shoemaker
J. Anderson " farmer & grazier
H. Jackson " laborer
E Cockram " farmer & grazier
J Biggs " carpenter

S Brown " harnessmaker
G Dickinson " laborer
J Harris " "

H G Hudron " farmer
J Tindle " laborer
A Jones " farmer & grazier
C Masters " bricklayer
R Jones " farmer
C Hill " laborer

E Dooling " farmer and grazier

J Brown " "
H Jones " farmer
R Johnson " wheelwright
T Hill " thatcher

J Simms " gardener
G Sadler " clerk in holy orders

T Jones " farmer
J Brown " laborer
W H Johnson " private teacher
J Christian " farmer
T E Stiff " labourer

F Hill " "
F M Roe " settler

A Ferguson " "

J Flindell, Newcastle, householder
W G Leeder " victualler

T Ashford, Bunbury, hotelkeeper
J Banting " carpenter
W Rose, Minninup, farmer

D A Stay, Bunbury, butcher

J Delaporte, Minninup, farmer

R Delaporte, Bunbury, hotelkeeper
A McAndree, Moobelburn, grazier
T Bastle, Blackwood, farmer
J McCourt, Minninup, "
P McGowan, Boyenup, "
J Lee, Dardanup, "
R A Foubre " "

J Stands, Bunbury, storekeeper
W B Mitchell " settler
H Prinsep, Dardanup "

P Spencer, Vasse, gentleman

E Padbury, Blackwood, farmer
M Padbury " settler
J Rodgers, Australind, farmer
P Waters, Dardanup "

J Swintyn, Picton, wheelwright

J Chowney, Bunbury, sandalwoodcutter

J Fleay junr, Gilgerring, farmer&grazier
W Fleay " farmer
J Bishop " servant
W Edwards, York, storekeeper
C Edwards " "

J Bryant " tanner

W A Boyd " storeman
C G Rason " surgeon
A Eagan Beaufort, farmer
J Ashbott, York, farmer
T Hodges " "

J Leach " "

M Hamilton " laborer

T H Horton " coach proprietor
S Hill " bricklayer

F Howe, Beverlev, general servant

A Howe " "

J Tomalin " farmer

C N Foss, York sheepfarmer

T Williams, Waterhatch, general servant

J Watkins " "

H Montague, Avondale, carpenter
W Smith, Beverley, sheepowner
P Barry farmservant
WFrey " farmer
TGrey " "

T Horley " carpenter
J Hayues " shoemaker

E Blechynden, Seatonross, farmer
A G Horley Beverley, farmer,

C F Edwards " sheepowner
T Edwards " "

G Willy, Spring Valley, general servant
J Parish, Youndegin, sheepowner
S Cawkwell, York, laborer

J Webb " woodcutter

W Perrin " "

C McCarthy " brickmaker

W Butcher " general dealer
E Bartlett " farmer
H C Foss " squatter

J A Thompson " shepherd
G Delap " harness maker

J Nunn " shoemaker

G Dunham " farmer
L Dunham " "
W Dunham " "
J Hogan " laborer
G White " servant

W McMann " laborer
L McDermid " blacksmith
J Lisbie " farmer

J Lacey " laborer

J Hobble " "

H J Hobble " teamster
W Eaton " blacksith
P Duff " carpenter

W Hales " gardiner
S Hyke " wheelwright

C S Pyke " mailman

C Connors " settler
T Pitty " shoemaker
W Boon " bootmaker

E G Hester, Blackwood, farmer & grazier
E Travers, Australind, farmer

J Healey, Bridgetown, stockowner
G F Stevens, Bunbury, contractor
J Moore " storekeeper

J Blechynden, Bridgetown, farmer & graz.
J Buchanan, Bunbury, storekeeper
G Rich " hotelkeeper

R Jones, Blackwood, landed proprietor
W J Jones " farmer & grazier
G Cross, Busselton, sheepowner
J Brittain, Bunbury, gardener

F Davis, Bunbury, baker

P Slattery, Dardanup, farmer

J Piggott Australind, tanner and currier
J McKennan, Bunbury, mail driver

R S Ward " tillage lease holr
R J Jones, Blackwood, farmer & grazier
W J Roberts, Bunbury, farmer

A Barrison, Blrckwood, overseer

A Gardener, Colley River, farmer
J Blyth, Bunbury, stockkeeper
R Blythe, Blackwood, shepherd
T Hurst, Preston, farmer
W Surradge " "
J Clarke, Harvey "

E M Clarke " grazier

D Stone, Bunbury, ropemaker
C Morgan, Dardanup, farmer

J Thorley, Bunbury, blacksmith

J Longbottom, Blackwood, farmer
J Hanwood, Blackwood "

J Allnut " farmer & grazier
I Doust, Bridgetown, storekeeper
T Ashby " sawyer

E McGrath " "
W Hoskins " "

H Murray " shoemaker

H Booker " "
P Jenkins " "

R H Hester, Blackwood, farmer
J Townsend " "

S Longbottom " farmer & grazier
A Crampton, Harvey, farmer
J Blyth, Blackwood . "

T Marriot, Brunswick "
T Martin, Blackwood "
B Hurst, Colley, "
W H Wood, Preston "

E Gardener, Ferguson, surveyor

S Gardener " farmer

D McConndl, Parkfield, schoolmaster
J R Scott, Wedderburn, farmer
W Coverley, Blackwood "

T Davies " blacksmith
R Channon " shoemaker
W Weir, Bridgetown "
J McEvoy " farmer

G Blechynden " wheelwright

T Fitzpatrick " tanner & currier
C Lewis " carpenter

W Lane " farmer

C Benning " blacksmith

H Doust " farmer

J Galley " bootmaker

R M King Fremantle, surveyor

D McPherson, Vic Plains, farmer & graz

J Clune " "
J Thompson, Bindoon, farmer

T H Smith, Vic Plains, compounder

E Roberts " cook

J McCaffrey " farmer

W Bartlett " laborer
J Wilderby " miller
T Johnson " sawyer

F Leonard " blacksmith
J Smart " laborer
J Clarke " groom
W Richardson " saddler

W Mason, " teamster
W Richards " gardener
M Ryan, Wicklow, farmer
J Haywood, Newnile "
J Williams " "

P Donnelly " "
M Barry " "

W Thorpe, Widdon Hills, farmer

S J Monger, Newcastle, wheelwright
T Groves, Newnile "

C S Monger, Newcastle, storekeeper
B Mason, Canning, timber merchant
J Gray, Fremantle, mariner

J Grady " housekeeper

C Allen " wool contractor
W Hawkins " shipcarpenter
J McKay " baker
F Tonkin " joiner

J F Fordham " clerk

C Moon " shipcarpenter
M Hannon " stockowner
W Hoe " laborer

C G Hansan " master mariuer
J A Lucas " teacher

J Doody " pensioner

H Hetherington, Canning, timber mercht
J F Thomas, Pinjarrah, farmer
G Cooper, Fremantle "
J Clarke " tailor

O Houston " boatbuilder
W Chamberlain" "

J Wellstead " "

M O'Grady " master mariner

J Leighton, jun " boarding houskpr
R Ramsay " miner

J Gallagher " pensioner
S Herrick " pensioner
T Dermott " carpenter
J Odgers " pensioner
R Jarvis " carpenter
W Nugent " saddler

S Thurton " master mariner
G Hanham " mariner

J McKay " pensioner

J McClune " cook

R M Sutherland " bank manager

G Thomson " merchant

J H Duffield " storekeeper

E F Duffield " cabinet maker
S I Solomon " merchant

G O Batersea " Greenfield farmr

T Layman, Wonnerup, farmer and grazier
J R Travis, Vasse, farmer
A Keenan, "

E C B Locke, Lockville, farmer & grazier
D Jenkins, " clerk

T Chesterton " foreman
W Litchfield " sawyer
J G Reynolds, Vasse, farmer

J Bryan, Beechhorough, farmer
R Keenan, Vasse, farmer

G Laymen, Wannerup, farmer
J Marriott, Vasse, farmer
J Simpson, "
F Hutchins, "

R Raitheby. Bridge Town, farmer
T Mayes, Vasse, bootmaker
G H Denner, Vasse, farmer
J Whiteley, Vasse, cook

A Heppingstone, Vasse, farmer
W Warner, "

E R Parker, Dangin, grazier
A Enwright, Dahgin, farmer
Patrick Grady, York, farmer
J Grady, York, laborer

T Franklin, Cobham, carpenter

J Haley, Cobham, laborer

R B Leake, Worranuppen, sheep farmer
E Ashworth, York, farmer
R Ashworth, York, farmer
E Ashworth, "

E Ashworth, "
J Fitton, York, builder
J Lowe, York, laborer

J Thomas, "

H King, Greenhills, farmer

T Farrelly, Perth, merchant .
J P Farrelly, "
W Padbury, MLC,,

C J Harris, Fremantle, master mariner
K G Meares, Newcastle, steward
G Stacey, Yatheroo, yeoman

H R Gibbs, Wanneroo, farmer

J Trueslowe, Wanneroo, farmer
J Pratton, "

J Gee, sen, Gingin Brook, farmer

J Gee, jun, " shepherd

G Norris, Moore River, horse breaker
W George, Gingin, carpenter
J Moore, Gingin, teamster

F Bower, Gingin, stockkeeper
T Marsh, "

Edward Harwood, Moore River, farmer
M Edwards, "

E Roberts, Yatheroo, foreman

E W Masters, Yatheroo, servant
H T Cutting, Perth, carpenter
C Spenser, Serpentine, farmer
T Gallop, Dalkeith, gardener

J Hicks, William River, blacksmith
H W Carpenter, Perth, accountant
G Glyde, Perth, merchant
S H Glyde, "

J W Johnson, Perth, accountant

C J Hollis, Perin, store assistant

W N Alexander, Perth, Bank manager

R C Tibradden, stockowner
E Gould, Butteron, farmer

J Haynes, Golialiera, farmer

Joseph-Silcock, buck flats, farmer
J Alley, Kobloug, farmer

W W Clarkson Greenough, farmer
J B Gray, Greenough, farmer
R Scarf, Cogarrina, farmer

J Tetlow, Sevin Mile Gulley, frmr & bldr.
S Tetlow, "
J Burton, Geraldton, laborer

J Kempton, Mcmarra Rarra, farmer
Jarvis Hatt, Chapman, farmer
C Lane, Chapman, farmer
C Lane, "

J Bryant, Flats, butcher

H Williams, Tibradden, Luton
W Lang, Coaran, grazier

T Church, jun, Greenough Flats, farmer

and miller

James Fleay, Beverley, farmer
John Fleay, "

J S Monger, York, miller
T Wilson, York, publican

W Smith; Beverley, farmer

C Heal, jun, Canning, sheepowner
H A Davis, York, storeman
R Hoops, York, storekeeper
W W Hoops, "

James Bat tram, Beverley, farmer
H Bartram, " "
E Martin, " "
G Martin, " "

W Gardener, " shepherd
W Lumden, " farmer
W A Robinson, " "
S Smith, " "
C C Smith, " "
W Saddick, " "

C A Norman, " stockowner
J Mackie, York, farmer

J Wansborough, York, wheelwright
D Wanáborougli, York, farmer
W Wansborough, "
J Coles, York, thatcher

W Dinsdale, York, farmer
G Drew, "

W Dinsdale, jun, York, shoemaker
F Davis, York, farmer
J Venn, "

W Dacey, York, mason

J McCaity, York, farmer

A Cumming, Perth, marchant

G Simpson, Lockville, engineer

G S Compton, Perth, commission agent
N Harris, Perth, produce importer

G Williams, Perth, house proprietor
W Snook, Perth, storekeeper

J Summers, Perth, carriage builder

C Hammersley, William River, squatter
G Marfleet, Perth, baker
J Dewar, Gingin., farmer

H Hooke, Northam, sheepfarmer
W Lukin, Bunbury, sheepfarmer

F Bird, Canning, timber merchant
H Sloan, Perth, engineer

W T King, Gingin, farmer
D King, "

G Moss, Perth, boat proprietor

W H McGlew, Perth, wheelwright
H Birch, Perth, butcher

W Liddelow, Perth, butcher

J Oliver, jun, GuildforJ, farmer
G Green, Perth, miller

M Golding, Perth, gardener
T Darch, Wanneroo, farmer

A W O'Leary, Perth, farmer
R Glover, Wanneroo, farmer
J Scriviner, Perth, farmer

C Powis " stonemason
H Powis "

W Izard " clerk

F Tondut " boatman
E S James " publican

H A Lochee " cashier W A B

A J Hillman, " accountant WAB
E A Stone, " barrister

H Trigg, " house proprietor
W Osborne, " butcher

W Lawrence, " boat builder
F Stone, " clerk

W Lawrence " boat builder
S Lawrence " boat builder
J Ferguson " brewer

G Randell " boatowner

A Halliday " boat builder
C Jessop " dentist

H Strickland " publican

H Yelverton, Quindalup, timber merchan
N Habley, Quindalup, farmer

W Curtis "
W F Seymour "
J Maxwell "

E Dawson, Westbrook, farmer

M Scott "

E Dawson, jun, "

L S Cook, Quindalup, schoolmaster
T Scott, Quindalup, farmer

C Scott "
J Hardood "

C Keyser, Wilgrimup, timber contractor
T H Wright, Westbrook, farmer
G W Dawson, Woodbury, farmer
D Abbey, Martelup, farmer

D McGregor, Comet Vale, farmer

E J McGregor " schoolmaster
Mark Mitcham " farmer
G H Knapton, Quindalup "

W Johnson "

T Holgaba " rug maker
James Turner, Quindalup, farmer

$