South Australian Register (Adelaide, SA : 1839 - 1900), Tuesday 20 May 1851, page 3

Tukkurm, Nyalta Wikkanin, and Kanger Worli were charged with the wilful murder of Maltalta, an aboriginal native man, on the 11th February last, at Yorke's Peninsula. The prisoners, through their interpreter, pleaded severally not guilty. Mr. Fisher appeared as their counsel. The Crown Solicitor stated the case against the prisoners, and proceeded to prove it by the following evidence : — Kanyana, the first witness, a boy of about 12 years old, was a resident of Yorke's Peninsula.

South Australian Gazette and Mining Journal (Adelaide, SA : 1847 - 1852), Thursday 22 May 1851, page 3

Tukkurm, Nyalta, and Kangu Wurli, aboriginal natives, were charged with the wilful murder of Maltalta, an aboriginal native, at Yorke's Peninsula, on the 11th of February. Mr Fisher defended the prisoners, who were understood to plead not guilty. The particulars of this case Jiave already fully appeared. The deceased was killed, as one of the natives said in Court, because they did not like to see strange backfellows passing through their couutry.' Mr Moorhouse stated that it was an universal law among the native tribes to kill any strange native who passed through their country. They had no belief in a God, but believed in the existence cf an evil spirit Iu answer to the Judge, he said that the natives were iu great fear of the evil spirit. They believed he had great power, and attributed to him all diseases or accidents. If two tribes were opposing each other, and a man of one tribe said wc will get the evil spirit to poison our adversaries water, tbat tribe wocld believe they had the first chance, and that the evil spirit would fight for them only. They appealed to this spirit through tbe intervention of a soothsayer or wise man. The opposing tribe would generally strive to avenge themselves lo any disa-ter on this soothsayer, who Was one of the old men. A 1 old men, indeed 9 had the reputation of being soothsayers. They had an undefined notion of futurity, and believed iu the transmigration of bodies, but not of.a future state of rewards aud punishments. A stranger was one whom they had never seen befure, and who did not speak their lansuaae, A member of another tribe was not necessarily a stranger, in some of the newly-settled districts tothe u'ortil of Mount Brown, where we could bold iso communication with natives, they were still uuaware that it was wrong to slay strangers, but in all the settled districts', and where he had the opportunity-of seeing and speaking with them, a strange native wouid be perfectly safe. II the Port Lincoln natives should hear of the murder of the deceased they would not go oat of their "way to make war upon the prisoner s tribe ; out would most certainly kill any Yorke's Peninsula native who should chance to come among them. They would do this by way of retaliation. Maltalta would have been taken back to Port Lincoln by tile first ship, but he refused to wait and preferred going overland. Mr Fisher addiessed the jury for the prisoners. After alluding feelingly to t! e helpless position of the pn oners, owing to tbe want of education aud the utter ignorance of our laws and customs, lie contended tbat, supposing the facts to be proved, the prisoners must only be considered as carrying out their own iaus, aud, in fact, only fttlfi ling what ttu*y believ d to be their duty. There was in an indictment for murder in the English law a phrase, not only pecuiar, but necessary, namely, that the act is said to be committed as not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil.* Fisher exposed the absurdity of giving a verdict against the prisoners which would involve a supposition of the knowledge of God and the devil on their parts ; and after arguing on the evidence that the deceased had not been identified, concluded by urging the utter want of proof that there was any malice aforethought either expressed or implied. His Honor went throngh the evidence, aud concluded with the following^remarks:—That, as he had not been altogether understood in the observations he had made in answer to the presentment of .the Grand Jury, he would state that the distinction which he wished to draw was one between the question of jurisdiction and that of punishments. On a former occasion when a native was tried, Mr Bartiey, who then conducted the defence, pleaded the non-jurisdiction of the Court, and he—the learned Judge—had then said he did not know how to draw the distinction, or how those people could object to be tried by that Court. Now the question of their actual guilt was one thing and the degree of that guilt was another, and he could not thiuk that the question of the punishment of these poor persons was so easy a one as that of jurisdiction. He felt it his duty to deal with each case brought before him ca cfully and deliberately, and give to the jury a plain direction in it As to the propriety of trying those people for offences among themselves, there mi$>ht be different views, but it was impossible to say that the same degree of guilt would attach to them as would attach to white persons committing the same crime fhey were persons without instruction, and did not enquire if they were wrong in killing a stranger. Tlieir's was a law of retaliation, and though one tribe would not go out of their way to revenge a death, they would kiil the fiist stranger that came among them, it being only a question of opportunity with them. If punishment for these offences were to take place at all, it would foe better that it should take place by law, aud he thought it better for the ultimate good of the native population that they should be punished, for if they were to be civilised there were no more eff dual means than making them understand that punishment followed crime. At the same time, he thought they should have reasonable notice that they were liable to such punishments. The jury returned a verdict of wilful murder against ali the prisoners. His Honor passed sentence of death in the usual form, aud fixed the 9th of June as the day for the execution. The prisoners, however, were informed that his Honor would make intercession for them with the Crown, and that they lives would in all probability be spared. They were then removed.