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KUDNARTO BILL WOERLEE Take Note As from 27 January 2000, I hereby assign all copy rights that pertain to this book to my dear daughter Larissa Rachael Woerlee from this day forth. Happy Birthday Lara Bill Woerlee 27 January 2000 TABLE OF CONTENTS Acknowledgements iv Foreword v The Kaurna 1 Kudnarto 6 Kudnato's early life 11 Kudnarto's First Marriage 22 European Settlement 27 Aboriginal Land Grants 37 Shepherds and Their Flocks 42 Thomas Adams 50 Adams' Literacy 56 The Early Years of Adams 62 Announcing the Engagement 68 The Wedding 71 The Land Grant 74 Farming the Land 79 Burra Copper 84 Murder 89 The Trial 104 Back to Skilly Creek 112 Kudnarto's Death 118 Land Claim 122 Epilogue 128 Appendix 1 Biographical Notes 130 Appendix 2 Correspondence 147 Appendix 3 Handwriting Analysis 160 Bibliography 164 Acknowledgements In producing this book, there are many people who have been involved in the production process. Firstly, I would like to thank all those people from the Adelaide community who assisted and encouraged me in every way to put this work together. More specifically, the good people who make up the Meewee Community Coalition Inc. and especially the calm leadership of Donny Smith. Next is the support from the Australian Institute of Aboriginal and Torres Strait Islander Studies. They have generously provided a grant to allow this book to be finished. Also various staff members have been very helpful with their suggestions and this was always greatly appreciated. Thanks must also be given to the South Australian Archives and the Mortlock Library who gave me complete assistance whenever required. Regardless of their limited resources, the staff have always been happy and cheerful to render any assistance I could possibly require. Appreciation is also given to Mrs Janette C. Shepherd the Assistant Keeper of Archives at Leicestershire County Council Record Office who was only too happy to assist me from such a great distance in giving me profiles of Leicester as it was last century. Furthermore, Dr Andrew White, the Curator of Lancaster City Council Museum Services has also rendered useful service. Additional research on Adams and Yates was made possible by the assistance of the Archives of Tasmania. The inspiration for the book came from Dr Robert Foster from the History Department at the University of Adelaide. Added to this was the encouragement received from Philip Morrissey, formerly the Director of Aboriginal Programs at the University of Adelaide and now a lecturer in English at Melbourne University. Finally, and most importantly, I must give the greatest thanks to my good friend and author, Peter Vervoorn whose untiring encouragement gave me the strength to research and write despite the turmoil of daily life going on around me. His suggestions were always helpful and very appreciated. Foreword The story of Kudnarto excited me when I heard of it. I first came into contact with her legend after talking to some women of the Kaurna region. They had only a vague idea of her life. Other people had written snippets about Kudnarto's life. These references ranged from being very brief to those couched in terms so as to disguise the real situation that prevailed at the time. The most extensive production in existence received little circulation. It was simplistic and proved to be relatively unreliable as a source of information. The authors were keen to gloss over the major problems that existed between Kudnarto and her husband in the first instance, and the contempt that the Protector of Aborigines, Dr Matthew Moorhouse had for her husband. This collapse in relationships was very instrumental in charting the course of the history of the Adams family long after the death of Kudnarto. The reasons for the essay ignoring these issues was to ease family sensitivities. I am very conscious of the myths which prevail within the descendant families. There are three major family myths. They are that: Kudnarto taught her husband how to read and write; Thomas Adams was the ne'er do well son of a noble family who travelled extensively throughout Australia; and, Thomas Adams arrived in South Australia on the HMS Buffalo. Each of these claims is examined and found wanting. Family folklore, unfortunately, is not a substitute for good history. The lack of available research was instrumental in stimulating this voyage of historical discovery into the life story of Kudnarto. My search for facts took me to the State Archives where there are many primary source documents available. The few letters written by Adams are preserved as well as the responses from the various government agencies with whom he corresponded. In addition, the Mortlock Library made available all newspapers, migration records and Registrar General records. One resource of ancillary use which was available at the Mortlock Library was the International Genealogical Index compiled by the Church of Jesus Christ and the Latter Day Saints. The edition used was produced in March 1992. The last resource was the Department of Lands and Surveys. They are fastidious in retaining their records to a high standard. The survey books bring alive the expeditions that mapped the territory in which Kudnarto lived. After many months research, I began to understand Kudnarto. As I came to know Kudnarto as a woman, she emerged through the mists of history as a real person who lived an extra-ordinary life. My research revealed Kudnarto's circumstances with a strong emphasis upon the period in which she lived. One problem confronting a researcher is the lack of established research within the discipline of South Australian Aboriginal studies. Very little research has been undertaken in South Australia within the sphere of Aboriginal history and even less has been published. Thus, to tell the story of Kudnarto requires a great deal of explanation to do proper justice to a brave woman who deserves better in death than she received in life. Another problem is that primary resource documents are rare. This situation usually arises when a group of people, whose history was recorded through the oral tradition, suddenly comes under great pressure for survival. Any ensuing conflict disrupt the normal course of cultural transmission. Few people, if any, survive who have detailed knowledge and understanding of the specific community's oral tradition. The inevitable result is the complete destruction of an independent culture. Like the death of other cultures, only few fragments are left for future generations to make sense of that which has passed. When the British settled in South Australia, very few felt any need to preserve understanding of the diverse Aboriginal cultures with which they came into contact. Few serious scholarly works were produced during this period. The only people who showed any interest were two German Lutheran ministers, Christian G. Teichelmann and Clamor W. Schürmann. These two intrepid men quickly learned the Kaurna language. This study bore fruit. Within a year of their arrival, they published their first work in 1840 called Outlines of a Grammar, Vocabulary, and Phraseology of the Aboriginal Language of South Australia. The work was self published Adelaide and advertised regularly in the Register. Teichelmann and Schürmann's efforts were short lived. In 1841, Governor Grey forbade them to preach, teach or speak in the Kaurna language. Thus serious legal scholarship relating to the Kaurna people came to an abrupt halt. The dearth of information from this time onwards is palpable. The only other serious work to emerge about the Aboriginal people within South Australia was published by D. Wood as editor in 1879 called The Native Tribes of South Australia. This was a collection of essays reminiscing about a bygone era of the original inhabitants of South Australia. This was an attempt to preserve that which was recognised to be already dying. The key issue to emerge from this story is that of land and its usage. To Kudnarto, no one owned the land upon which she traditionally lived. The Kaurna people had traditionally used the land for many thousands of years. Since there was an abundance of land, there was little concern when the British settled in Adelaide. However, when the British started to imprison the Kaurna people for undertaking activities which were considered to be acceptable and desirable, they realised that the Europeans had stolen their land. In a historical irony that was missed at the time, Crown land was given to back to Kudnarto for her personal use. This was land that her people had traditionally lived upon since the earliest times in Australia. In recognition of this changed power relationship, Kudnarto was happy to accept the property allocated to her. It gave her the ability to continue living a traditional lifestyle tempered by the requirements of British culture. Although Kudnarto endured many personal difficulties through her marriage outside her traditional cultural group, her husband Thomas Adams also faced a different series of problems. He was an impoverished shepherd. This placed Adams as an outcast from European society. In contrast to Kudnarto, Adams saw land as representing wealth and social position within European society. When he obtained land, it was on such conditions that effectively made him a tenant beholden upon Kudnarto's good will. This was the cause of considerable personal distress which was never resolved during his lifetime. It took many years for him to accept that at no stage was he ever going to be entitled to receive any land grant from the government of the day. A dynamic tension emerges between an adventurous and intelligent young woman who leaves her tribe to live in another culture with a man who is considered to have poor social and cultural ties. These conflicts between Kudnarto and Adams sets the scene for both the personal and cultural aspects of their relationship. Each is a microcosm of their own cultural tradition. Their relationship is the first formal attempt for the two diverse communities to reach out to each other. South Australian's have limited awareness of all the issues involved when an indigenous woman marries a European man as occurred in the Kudnarto story. To tell the story as sympathetically as possible, the best person to relate the account is one who shares a similar record. The mantle of responsibility falls upon the person who can intimately understand the problems which confronted Kudnarto and, furthermore, detail and describe these challenges. In addition, that person must also have a deep understanding of the underlying feelings and conflicts that confronted Kudnarto. Unfortunately, few publishers will take on a work of this nature because of its perceived poor market appeal. After all it deals with women's issues and indigenous people. These are two distinct areas of poor publishing records. This is the first work produced about the life of an indigenous woman in South Australia. This subject is very appears very parochial thereby giving the work the "kiss of death" as far as publishing is concerned. Rarely will a book about South Australia stimulate people in the eastern seaboard to purchase it. This problem of book selling economics is further compounded by the State Government. Their monetarist policies have severely curbed the free dissemination of knowledge and debate. A major plank in the current monetarist thinking is the concept of "user pays". This is good in economic theory but economic theory and reality are two different issues. There is no such wonder as a workable economic model. Every party has their own pet theory but as yet, none seem to produce results in accordance with the theory. Thatcherite monetarist economics as practised by the South Australian government has a similar track record as experienced in England. The government is more interested in devolution of function than to stimulate the growth of collective knowledge. Privatisation of research has resulted in the reduction of public spirited debate through learned cultural resources. The new bench mark is "the lowest common denominator". The market place does not respond favourably to social research with long term results. Consequently this has been a traditional role for government patronage. Now this assistance has been reduced to almost non-existent levels. The running down of the research base within South Australia has been disastrous. It provoked and encouraged South Australian people to remain relatively ignorant about their early history and cultural setting. Thus a work of this type cannot take for granted a level of knowledge or assumptions about Aboriginal history that is normally attributed to European history. This work attempts to overcome such shortcomings. Kudnarto is a shadow in history. She is rarely allowed to speak out on her own behalf. It is her historical muteness which requires this generation to correct this injustice. It is our responsibility to give her an authentic voice and thus allow her to speak with to our people. Despite this lack of personal information, once seen as a human with all the concomitant ardour and zeal for life, Kudnarto speaks to the current generation with succinct clarity which gives powerful direction. These are the reasons which inspired me to write this book. It is a necessary story which promotes understanding between races regardless of who these races are. It is a woman's story. Also it is a social history. Finally, it makes comment about today as well as dealing with issues of the past. My hope is that this story is as inspirational to you, the reader, as it was to me, the author. This is Kudnarto's story. Also, it is our story. Bill Woerlee, Bridgewater, 1995. The Kaurna On 11 February 1995, the sun's warming rays spread across many bunches of luxuriantly hanging but immature Rhine Riesling grape berries. Each cluster appeared shaded by profuse foliage covering the trellised vines. Gnarled grey stems supported the vines. Every bough sat firmly rooted in a rich black soil that spread across the expanse like a fertile carpet. Similar to a loving mother, the soil nurtured all the propitious flora into robust maturity. Wending its way around the plain's boundary was a gently flowing creek. Its translucent water was so clear that its bed, covered with a profusion of smooth rocks and soil, shimmered in the sun. The creek trickled soothingly until it reached the rocks that formed a 2 metre high waterfall. At that point it cascaded over in a refreshing shower. Magnificent Redgum trees stood along its banks as silent sentinels. They appeared to guard the splendour of the moment. At the northern end of the creek, there was some swampy ground with a water source from a natural spring. Covering the wet lands were luxuriant growths of flax. Their wispy grey flowers reached to the sky like supplicant but proud hands. Brown, barren looking hills covered with light yellow stubble surrounded this lush green oasis. Also, some of the land covering the hills were extremely stony. Each stone was rough and irregular giving the hills a distinct look as if it were a caramel blancmange covered with specks of icing sugar. Dotted over the hilly landscape and surrounded by a sea of tawny stubble tall trees stood isolated and alone. The shade cast by the trees was broad and welcoming, offering a haven to all who came beneath the lofty, noble boughs. Under the wide spread foliage of each tree, small flocks of sheep sheltered to escape the harsh summer heat. It was a warm dry day. Dominating the geographical relief of the area was the highest peak in this valley known as Pleasant Hill. Both sites, wonderfully contrasting when seen together, are situated on the Port Wakefield Road. Once at the peak of the road, it is easy to gaze in a westerly direction. This gives a view over all the plains that stretch over the horizon to St Vincent's Gulf and Yorke Peninsular. To the South, the Adelaide plains are very visible, punctuated by the hills that rise in a haze in the distance. To the North, there is a luxuriantly fertile area following Skillogolee Creek to the Clare Valley. Before European settlement in South Australia, the Kaurna people lived throughout this region. Their territory stretched throughout the Adelaide plains area from Cape Jervois in the south, to Port Wakefield in the north. The boundary followed the eastern shore of St. Vincent Gulf. Stretching on average to 100 kilometres inland, the region incorporated an area of over 7,200 square kilometres. Within the geographic region identified as being occupied by the Kaurna people were numerous independent family groups. Each group traversed a well-defined territory that they called the pangkarra. The term pangkarra signifies a vast extent of land reaching to the horizon but running alongside a body of water. This idea aptly describes the location of the various pangkarras that ran alongside the western banks of St Vincent's Gulf and incorporated the adjacent hinterland. The particular pangkarra gave the resident family group a good entitlement to sea-food gathering areas. They could also retreat to the interior for shelter and food during the cold weather. To cope with issues that stretch beyond the family, the Kaurna collectivised the various pankarra into larger units. The Kaurna called them, yerta. Early scholars failed to understand the nature of the yerta by mistakenly calling them 'tribes'. The term 'tribe' in this context is too simplistic to describe the complex relationship between the various family groups coupled with the economic, social and religious functions they performed. PLACE CURRENT LOCATION Kauwandilla coastal flats north of Glenelg east to Mt Lofty. The suburb Kawandilla bears its name. Medaindi the coastal region extending east from Glenelg which incorporated the Adelaide area. The suburb of Medindie bears its name. Muliakki incorporates the region extending from Port Adelaide to Port Gawler. Padnaindi the region in the north extending from Port Wakefield, Clare and Crystal Brook. Putpunga the southern region extending from Noarlunga to Rapid Bay. Widninga the region extending from Port Wakefield to Port Gawler and inland to Gawler. Winnaynie the region extending from Glenelg southwards to Noarlunga and Willunga Wirra the hill region from Gawler to Adelaide Yurreidla from Mount Lofty to Mount Barker Table 1. Adelaide Area Kaurna Place Names Information is extracted from Teichelmann, C.G., and Schürmann, C.W., (1840), Outlines of a Grammar, Vocabulary, and Phraseology of the Aboriginal Language of South Australia, Adelaide. Each yerta had intimate ties to the pangkarra included within its territory. Although the Kaurna people have dissappeared, their names still remain as a reminder to South Australians that there was a people who lived in the area. The locations of the many Kaurna yerta and their individual names have now been incorporated within the human geography and nomenclature of the Adelaide suburban network. Table 1 illustrates the incorporation within the Adelaide region. The total population of the Kaurna region prior to European settlement is unknown. However, judging from the available evidence, it would be safe to estimate that the Kaurna people comprised about 1,000 people. Subsequent to settlement, the only reliable figures were compiled by Matthew Moorhouse, the Protector of Aborigines. After his period as Protector, he produced a Estimate of Native Population which showed a gradual decrease of the local Aboriginal population in an area 100 kilometres north and a further 100 kilometres south of Adelaide, running parallel with the coast to 30 kilometres inland covering an area of some 6,000 square kilometres. The figures detailed in Table 2. are depressing in their diminution of population numbers. YEAR POPULATION YEAR POPULATION 1841 650 1849 360 1842 630 1850 330 1843 560 1851 320 1844 550 1852 290 1845 520 1853 270 1846 500 1854 230 1847 420 1855 210 1848 400 1856 180 Table 2. Estimated Population of the Kaurna People from 1841 - 1856 (Compiled by M. Moorhouse and extracted from the Appendix attached to The Legislative Council Select Committee, (1860) Report on the Aborigines, Paper 167, SA Govt Printer.) The northern yerta of the Kaurna people took the name of Nantowarra. Their reputation as ferocious people spread far and wide over the Kaurna lands and that of their neighbours. To illustrate their ferocity, the southern Kaurna people gave them the further name of meyukattanna, or quarrelsome men. Quick anger and violent conduct characterised their behaviour among the Kaurna people and various neighbouring groups. Being the extreme northern branch of the Kaurna tribe, these people demonstrated very vigorous and strong beliefs in their particular culture. Nearby the Nantowarra were yerta of three distinct and independent linguistic groupings, the Narungga, the Nugunu and the Ngadjuri. The close association and interactions of these groups with the Kaurna created consequential stresses upon social values and language articulation. Responses thereby required the Nantowarra to be absolutely certain of their own specific yerta culture. The conflict generated by continuous close encounters between two distinct cultures find parallels throughout the world. Each cultural clash bears with it bitter rivalry and conflict. The millennial disputes between the British and French on the one hand and the Chinese and Vietnamese on the other, illustrate the wide spread nature of these conflicts. It was no different between the Kaurna and the Nugunu. The rivalry between the Nantowarra and the Nugunu found it firmest articulation within the Kaurna name employed to describe their immediate neighbour. The Kaurna name for the Nugunu was the Nokunna. The term does not convey any friendly feeling towards the Nugunu. Nokunna is a term which in Kaurna society describes a mythical assassin. The feared Nokunna took the form of an Aboriginal person and prowled around the night time camps finding victims to murder. It is a term calculated to invoke fear and loathing among the Kaurna people. Teichelmann described the fear that the nokunna inspires among the Kaurna people when he wrote: According to the opinions of the Aborigines, few of them die a natural death. The reason of a natural death is kuinyo, meaning death, a deceased person, or a being of small figure, large abdomen, disagreeable smell, and afraid of fire; therefore he generally comes in the night, when the fires are out ... In the night they dread more particularly the nokunna, a distant native, who steals upon them, stabs them, and they must generally die. His coming they prevent by striking with theirwirri, the air round the hut in different directions, before they lie down, but keep, besides this precaution, all night a watch. To describe the Nugunu in such a manner strongly suggests that the relationships between the two peoples were very tense. Since each yerta was a discrete community, it was prohibited for a person to marry within their same yerta. People were actively encouraged to marry someone from an alternative place. Due to the smallness of the gene pool, women took advantage of the availability of the visitation of other men from different groups even though married. Marriage was never seen as a barrier to further sexual contact. One practice designed to increase the potential gene pool was the mutual and acrimonious practice of wife stealing, or milla mangkondi. This particularly bitter practice raised enormous tension between the parties involved. The worst affront was the theft of the young wife belonging to an elder. Such interaction led to a rigid application of tribal mores and culture. However, despite this antipathy towards wife stealing, all participated in the activity with gusto. The inhabitants of the lands around the Adelaide region spent many thousands of years developing a sophisticated culture which was complete for the circumstances in which the people found themselves. Each family group had its own lands upon which they could hunt or gather food. On specific occasions, each family group came together with others to form a sub-tribe. Each sub-tribe was a discrete unit which could deal with all the major problems that arose with the families and their contact with each other and other peoples. Around the Clare region where the story of Kudnarto takes place, the people were known to be fierce. They were people of the northern sub-tribe known as the Nantowarra. This group was known to fear its neighbours. Even the word for their immediate neighbours confirms this fear. Without knowledge of these traditions, the British settlers entered into the Adelaide plains. Although it was known that the area was inhabited, no one in Britain thought it necessary to canvass the opinions of the indigenous people about their impending settlement plans. This is not surprising considering the poor press given to the indigenous people in Australia. For instance, Samuel Marsden, the New South Wales assistant chaplain who arrived in 1794 wrote in a letter to the Secretary of the New Zealand Mission on 24 February 1819: "They are the most degraded of the human race, and never seem to wish to alter their habits and manner of life ... as they increase in years, they increase in vice." Another Christian minister, a Wesleyan, the Reverend William Walker described the Aborigines in a letter to his friend, the Reverend Watson as "the progeny of him who was cursed to be a servant of servants to his brethren." Thus in total ingnorance of the prevailing population, the British Parliament passed and assented to the South Australian Act on 14 August 1834. Within the preamble of the Act, the principle of terra nullius received its articulation when it baldly stated that South Australia "... consists of waste and unoccupied lands which are supposed to be fit for colonisation". This misunderstanding of cultures led to the Kudnarto and Adams story and its final tragedy. Kudnarto Kudnarto was born into the northern pangkarra of the Padnaindi yerta. The plain that composed this region was known by the Kaurna people as the Warrawarra. Running through the area was a creek known as Mekauwe, whose pure waters were famed throughout the Kaurna and Ngadjuri peoples. The creek was a common meeting area for the peoples living within this region during the hot summer months when water became scarce. The derivation of the word Mekauwe is complex and, in common with Kaurna language constructions, infers far more than the mere word indicates. In this case, Mekauwe is a compound Kaurna word figuratively indicating 'eye water'. The first syllable of Mekauwe derives from the substantive prefix me. This term is the diminutive root form of the expanded word mena. The term mena relates to ideas deriving from the eye. The second part of the word is the substantive affix kauwe that connotes the idea of water. Since eye water or tears are considered to be pure water, the term tears is very descriptive of the creek that bore its name. Crystal Brook was the European name for the area. The name is prescient. John Eyre, the first European explorer to traverse the area in 1840, found the creek within a region of excessively dry land. Without reference to the Kaurna people living nearby, he named it Crystal Brook to describe both his joy and the water quality. His Journal details his excitement and discovery: This morning we passed through a country of an inferior description, making a short state to a watercourse, named by me the "Crystal Brook"; it was a pretty stream emanating from the hills to the north-east, and marked in its whole course through the plains to the northward and westward lines of gum trees. The pure bright water ran over a bed of clear pebbles, with a stream nine feet wide, rippling and murmuring like the rivulets of England - a circumstance so unusual in the character of Australian watercourses, that it interested and pleased the whole party far more than a larger river would have done. Kudnarto was born within this region of contrasting scenery. Her birth possibly occurred in the year of 1831. This was some five years before the British established the South Australian colony on 26 December 1836. Unfortunately, there is a complete lack of documentation relating to the Aboriginal people prior to colonisation. Consequently, the year of Kudnarto's birth must only be, at best, an educated guess. In establishing the date of Kudnarto's birth it is necessary to examine all documents wherein her age was recorded. Only three documented references to her age so far has been found. The three sources include: her Marriage Certificate of 27 January 1848; an article in The South Australian Register of 23 June 1847; and, an article in The South Australian Register of 28 January 1848. On her Marriage Certificate of 27 January 1848, Kudnarto's age is quoted as 16 years. This would place her as being born in either 1831 or 1832. Great reliability should be placed upon this document. The person who had seen Kudnarto develop from a child into a mature woman, Moorhouse, was in attendance as a witness to the ceremony. There is sufficient evidence to suggest that Kudnarto had attended the school at the Native Location in Adelaide. This long period of contact would have enabled Moorhouse to accurately estimate Kudnarto's age. Being a person of meticulous administrative habits, Moorhouse would have been instrumental in placing the age of 16 upon the marriage certificate. The article in The South Australian Register of 28 January 1848 agrees with the Deputy Registrar that Kudnarto's declared age was sixteen. The report is in sympathy with the marriage that occurred the previous day. To say otherwise would have indicated a certain laxity in the ability of the reporter. Thus the reliance upon this report is minimal. Contrasting this was an article published in The South Australian Register of 23 June 1847 where the journalist estimated her age as about 17 years. This would place her date of birth at between 1830 and 1831. This seems to create a problem in dating the birth of Kudnarto. The source for the article's facts appears to have been Adams. Unfortunately this source is considered to be unreliable and thus treated accordingly. Full discussion of Adams' understanding of facts occurs in later chapters. The apparent inconsistency, however, does have a reasonable explanation. Despite this inconsistency, it is believed that Kudnarto was sixteen years of age and heading towards her seventeenth year when she married Adams. While she had no concept of Christian dates, her parents and family would have a keen idea of the number of years Kudnarto was alive. The testimony of her age would have derived from either Kudnarto or her relatives or both. Kudnarto reached the age of sixteen in early 1847 and remained so after the engagement announcement. This would place her date of birth between the months of February and June in the year 1831. This conclusion reconciles the apparently contradictory statements to be found within the articles of 23 June 1847 and 28 January 1848. The name Kudnarto is a singularly distinctive Kaurna name literally meaning "Number 3 Daughter". Her parents followed tribal law and gave her the traditional name given to a child of her position - Kudnarto. As such, her birth name was very usual for the Kaurna people. At birth, a child received a name that was intimately tied to the birth order within the specific Kaurna family. It was given as a point of reference. Due to high infant mortality, the likelihood of a child surviving to maturity was low. Thus a descriptive term was given as the first name rather than a name. The Kaurna people created a list of names to call their children on birth. These are listed in Table 4. Kaurna children usually received their personal name customarily from Dreaming associations with animals, items of nature, and places. Parents ordinarily gave a child their personal name when they were certain that the infant was going to survive the early part of childhood. CHILD MALE FEMALE 1 st born Kartamaru Kartanya 2 nd born Waritya Warooyoo 3 rd born Kudnitya Kudnarto 4 th born Munaitya Munato 5 th born Midlaitya Midlato 6 th born Murrutya Marruato 7 th born Wangutya Wanguato 8 th born Unknown Unknown 9 th born Ngadlaitya Ngadlaato Table 4. Kaurna Birth Order Names Information is extracted from Teichelmann, C.G., and Schürmann, C.W., (1840), Outlines of a Grammar, Vocabulary, and Phraseology of the Aboriginal Language of South Australia, Adelaide. Throughout her official history, the sources available do not reveal any other personal name for Kudnarto. They either refer to her as Mary Ann or by her birth order name. European society found it difficult to come to terms with Aboriginal names. They readily gave their own originated names to Aborigines with whom they came into contact. One example is the name of King John given to an important Kaurna elder from the Mount Barker region. Similar names were attached to others. Through ignorance, future generations are deprived of knowing Kudnarto's personal name. She obviously never revealed this to any one subsequent to living with Thomas Adams. There can be only one explanation for this circumstance. The Kaurna tribe, in common with other Aboriginal tribes throughout Australia, did not speak about nor mention the name of dead people. If a person is named after someone who has died, there were strong tribal customs to take over the resolution of the naming problem. Usually the surviving individual's personal name ceases to remain in common use. No one is allowed to use the person's name again. Subsequently that person's name reverts to the given birth order name. Sometimes they even take the description of 'no name'. All these methods attempt to remove any contact with the dead person thereby allowing the spirit peace. This deference for ancestors was very pronounced among the Kaurna people. The former Protector of Aborigines, from 1837 to 1839, Dr W. Wyatt became a leading scholar in the language, culture and traditions of the Kaurna people. In his essay "The Adelaide Tribe", Wyatt observed the sentiment related to coping with death names among the Adelaide tribe in the following manner: "The natives feel a great repugnance at speaking of a person who has lately died and especially avoid mentioning his name. This is carried on to so great extent that persons, having the same name, are called by others temporarily given, or by any remaining names that may belong to them." Since the scant information mentioning Kudnarto by name does not allude to nor imply another name, be it either personal or otherwise, it is reasonable to presume that her personal name was that of an individual who had died. Since personal names came from people very close to the parents, there is every likelihood that the woman after whom Kudnarto received her personal name was possibly a sister of her mother. The death of that woman after whom she received her personal name would appear to have occurred before she turned fourteen. After this age, Kudnarto began living with Thomas Adams. At no time during this period prior to her marriage under British law or subsequent to that event was her personal name used in preference to using her birth order name. This lack of personal name confirms the conclusion that the relative after whom she was named died before Kudnarto lived with Thomas Adams. However, that may not be the only known Kaurna name given to Kudnarto. By good fortune, a letter sent to Governor Gawler on the occasion of his departure from South Australia bears the names of nine Kaurna children. The letter, written in the Kaurna language by Teichelmann, is dated 15 May 1841. If Kudnarto was attending the school at the Native Location, which is very likely, then she may have been one of the four girls whose names are attached to the letter. The names of the four girls were: Ittya maii - Vegetable Flesh Kauwewingko - Water Breath Tanggaira - Either Mushroom or Liver Fight Tainmuda - Nose Muscle It is very likely that one of these girls was later to be known as Kudnarto. She would have been ten years of age at the time the letter was written. Furthermore, she would have been one of the older girls in the school as her age was such that she was ready to leave the school to be married. However tantalising this thought may be, it is still in the realm of speculation rather than giving any certainty. Kudnarto is the only known Kaurna name that can be attributed to her with certainty. Her adopted European name, Mary Ann, was given to her by her spouse, Adams, to give her an acceptable European name. Because her Kaurna name was unfamiliar to Europeans for pronunciation or even understanding its context, the name Mary Ann came into existence. The origin of this name is strictly derived from Adams' family from Leicestershire. Reaching into the resources of his family historical tradition, the two most recurrent names for the female side of the family were Mary and Ann. Sometimes the names appeared individually and at other times used in a combination. Adams, being a person of little imagination but with a strong knowledge of family, chose the traditional combination and passed the names on to his future spouse. Thus Mary Ann was a familiar family name for Adams although possibly very unintelligible to Kudnarto. The first official use of the name Mary Ann appeared within an article in The South Australian Register of 23 June 1847. On the occasion of announcing the engagement of Kudnarto and Adams, the reporting journalist stated that the name that Kudnarto will be known by subsequent to her marriage, would be Mrs Mary Ann Adams. A strange name like Mary Ann would have bemused Kudnarto. However, for the sake of her future spouse, she accepted the new name. While Kudnarto's birth order name is known, her moiety is unknown. In Kaurna society, the moiety would either be of the Kararu or Matheri moiety. Kaurna society, in keeping with many other Aboriginal tribes, divided themselves into one of the two moieties particular to the tribe. Moiety is a notion wherein a tribe is divided into one of two units whose membership is determined on the basis of descent, be it through a maternal or paternal line. Within the Kaurna society, the consequence is that a person born of one moiety could not marry a person belonging to the same moiety. This restriction was in addition to that of marrying within the same yerta. When people married, the resulting children took the moiety of the mother. The understanding of sexual reproduction was based upon spiritualism rather than any biological facts. A woman was seen to be the receiver of children's spirits. From the pool of spirits, a child selected a mother with whom the child wished to live. Impregnation of a particular woman was the choice of the child and thus a gift of the god. Moiety only regulated marriage. At no stage, however, was moiety an inhibitor of sexual activity. The link between sexual intercourse and pregnancy had yet to be positively made. This link occurred only after European settlement in South Australia. Kudnato's early life Daily life of the Kaurna people revolved around the extended family group of about ten to twenty people. This family group consisted of a husband and wife, or wives according to the circumstance, the children from the various wives, the various grandparents, the widowed men and women and any unmarried relatives. A man with more than one wife indicated that he was highly respected and a good provider. Members of family groups were able to travel across this wider territory shared with some six or eight neighbouring groups containing in total some 60 and 120 people. Contact with people from distant yerta groups was rather uncommon but this would occur upon a number of occasions each year when they met for significant ceremonies, for trade or to defend territories from outsiders. The use of the name Kudnarto by her parents indicates that they adhered strictly to the very traditional Kaurna family structure and belief. Consequently, it is reasonable to conclude that her early life followed that of the traditional Kaurna pattern for children. The role of child rearing and education was considered to be a community responsibility involving all adults and children. The Kaurna people had a particular structured methodology for rearing children. Each child received a general education coupled with specialisation based upon the child's abilities. There was no differentiation in rearing between the sexes until each child achieved specific age mile-stones. Gender only became significant after the child attained about five years of age. From Kudnarto's infancy, her family and relatives played an integral role in rearing her to puberty. While she was a baby, her mother and relatives would have nursed her until she was ready to be weaned. Any woman who was suckling her child also shared the breast feeding of other women's children. Breast feeding children was not confined to the natural parent. Obviously, in these circumstances, a woman who was capable of expressing prodigious amounts of milk was held in very high regard. The sharing of child feeding had significant social implications. It introduced the child in a positive manner to the many people of her community. It also built a strong bond of trust and identification with the tribal group. Each mother would contribute to her sustenance while other people would assure her safety. The seasonal pattern of obtainable foods and divers climatic conditions influenced Nantowarra movement. They moved according to an annual pattern dictated by their environment. As hunters and gathers, they were able to harvest the seasonal foods. The Nantowarra did not practice agricultural husbandry crops in a similar manner as the Europeans. The consequence required continual movement within the pangkarra. After the depletion of the available food within one location, the family moved to a new site. It is generally believed is that the Kaurna people moved from the coastal areas in the summer months to the shelter of the hills in the winter. In the winter, the cold antarctic winds made coast al life uncomfortable while the flooding of the rivers of the Adelaide Plains made their free movement difficult. The coming of spring or willutti, was most important for the Kaurna. This was the time they re-entered the plains to take advantage of the extensive freshwater swamps behind the dunes. These provided the roots of bulrushes and reeds as a staple food, as well as water birds and their eggs. In addition, there were many different varieties of grains to be gathered which could be milled and made into damper. When the food resources were depleted within one location the family group relocated to another area within the pangkarra. Sometimes, depending upon the supply of food resources they may also wander into the yerta territory. In conducting relocation of the family group there were distinct gender roles allocated to ensure a smoothness of movement. Thus the women were assigned the duty to carry the various possessions and small children. This left the men to carry their tools for hunting and if necessary, defence. Since hunting for meat was a task allocated to men, they required freedom of movement. This required the men carrying only the vital weapons required for hunting game. This ensured a reasonable amount of success in pursuit of animals. While the group moved through the pangkarra, the men kept an eye out for game. At the same time, the women gathered the vegetable food necessary for the night's meal. When a woman found some edible roots, she would use her digging stick or katta for excavating the vegetable matter. This process of digging out roots was bakkandi. Plant foods were prised off trees and bushes by the women. The fruit and vegetables were placed in women's net bags called yammaru and carried along with them. Women and older children also hunted lizards or other small animals for food. It is noteworthy that on 27 June 1840, a party of women and children were encountered by the expedition of John Eyre. The location detailed in his journal indicates that the area was that inhabited by the Nantowarra people. It is exciting to speculate whether this group also contained Kudnarto who was nine years old at the time. Eyre writes: In crossing the southern extremity of these large plains, we came suddenly upon a small party of natives engaged in digging yams of which the plains were full; they were so intent upon their occupation that we were close to them before they were aware of our presence; when they saw us they were surprised and alarmed, and endeavoured to steal off as rapidly as they could without fairly taking to their heels, for they were evidently either unwilling or unafraid to run; finding that we did not molest them they halted, and informed me by signs that we should soon come to water in the direction we were going. Before the European settlement of the Adelaide area, the Nantowarra people had a wide range and quantity of animals, birds, reptiles, fish, shellfish and insects to provide a balanced diet. Kangaroos, wallabies, emus, water fowl and possums were caught relatively easily. In the spring and summer months fish and shellfish were abundant. From the inland waterholes and creeks, yabbies and fresh water fish were also available. Just as it was generally the responsibility of the women to collect vegetable foods, mai, it was the men's duty to hunt and obtain meat - paru. This was not an inalterable rule as women would catch small animals and yabbies in their gathering of food and men would collect plant foods to eat on their hunting expeditions. Other skills inculcated by the mothers included the ability to catch small animals like lizards, small marsupials, possums and birds, for food. Cawthorne writes about the hunting techniques employed in catching the various animals. He writes: Opossums, which live in hollow trees are generally smoked out or a stick is put down if the hole is not deep and twisted in the fur and the animal pulled out. The wild dogs, which they domesticate are of great use in these hunts. Wombats are suffocated, like opossums. The burrowing animals are either ensnared by nets at the mouth of their holes when coming out to feed, or are dug out as occasions may require. Birds are killed by the wirri. Wild ducks are sometimes caught with nets spread from tree to tree across some passages where they are accustomed to fly from the lagoons to the river or take and fish are hooked, speared, or netted. Tracking and trapping techniques required careful attention to the habitats of the various animals. Added to this was the ability to fish. Her particular tribal group was close to Spencer's and St Vincent's Gulf that would have given the tribe access to significant sources of protein. Crabbing, yabbying and collecting shell fish would have been the task of the children. The ability to gather all these sources of animal protein would have been extremely valuable to the tribe. The labour content of the children in contributing to the tribe can never be under estimated. During her childhood, Kudnarto would have followed her many mothers into the bush to gather food. Every aspect of tracking was shown. Usually, the women were excellent trackers, far exceeding the abilities of their men. Every animal or plant left a signature upon the ground as a track. Each child was required to learn these tracks to assist with the retrieval of food for the community. Since the community had strict rules on food distribution, they were taught through food gathering the relationships between all members of the tribal group. Aboriginal people used a number of names for the one species. These names appear to reflect the operation of certain food avoidance requirements, for example the avoidance of the meat of the female kangaroo by young men, as well as distinctions within the social life of the Kaurna. The vocabulary of items listed may also include names derived from groups neighbouring the Kaurna. As part of the young Kudnarto's training they would show her how to find the many water holes and creeks that dotted the countryside on their family's dreaming trail. These trails were millennial old. People followed the same trail year in, year out with little variation. This was the lot of a nomadic hunter and gatherer tribe. Due to the natural fecundity of the area, the trail followed covered a few hundred square miles wherein the community was able to sustain itself. Each creek and water hole was a place of survival, especially during the long hot summer periods. Also, every watering place became a camp site for some period. This meant that they were close to burial sites which gave them a spiritual context. Thus each site brought them always into close contact with their ancestors. The importance of correct understanding of the Dreaming trails and the water holes was carefully inculcated within the children. Within this region, Kudnarto's mothers gave her full instruction as to botanical properties of the flora. Each plant would be carefully described and shown to the child. The known properties relating to the plant were revealed. In so doing the mothers indicated those plants that were edible and those which found good use as medicine. As a personal note, the author also spent many hours with her grand mother in the bush lands learning about the botanical descriptions of the flora around the family's tribal lands. Her knowledge of plant properties was significant and this transfer of knowledge very useful. It was only years after her careful education that the author understood the significance of that education. The significance for Kudnarto was equally as strong. The survival of her family rested upon her skilful use of medicines and the ability to find good quantities of nourishing food. Unlike the Aboriginal people living in the drier parts of South Australia the Nantowarra people of the Adelaide area had good supplies of water in both winter and summer. During the summer months, while camping along the coast, there were permanent fresh water springs and small rivers and streams. There were also waterholes in the beds of the rivers that crossed the Adelaide and Northern Plains. In winter, with the heavier rains, many areas became swampy. At this time, creeks fed by the winter rains flowed and water-holes in the foothills were replenished. Camps were usually made beside these different water sources. When water needed to be carried or stored in shelters, the people used several kinds of containers. Many different types of material were used in constructing them. Materials included large shells and animal skins. Upon arrival at suitable camping site the women and children prepared the place for habitation. Apart from clearing the ground of rubbish, they then fetched branches, fuel and water. To ensure protection, they constructed a temporary shelter. Towards the afternoon, the men arrived with the day's catch. When the family group was together, a fire was lit and the food was cooked. The type of temporary shelters used by family groups depended mainly upon their location and the time of the year. Their shelters were usually made of branches, bark and leaves. When mild weather prevailed the shelters constructed were only windbreaks, usually known as a ku. Should the weather be inclement the structure could readily be enlarged and water-proofed with bark, grass, seaweed or earth. In addition, during summer, each of the individual materials so used in the structure also provided a natural insulation against heat. An added benefit was that the dark interiors attracted fewer flies. The onset of autumn brought on the colder weather stimulating the Nantowarra group to move inland towards more forested areas of the Flinders Ranges foothills. It was the season for building huts against fallen trees as the apt Kaurna word wodliworngatti, or autumn, describes. The natural supply of large gums ensured that there were good foundations for the construction of the wodli. The structure used the tree trunk as a wall. On the sheltered side of the trunk, the balance of the wodli was erected. The construction of these shelters was ingeniously simple. Fallen branches with forked ends were collected from around the local area. Utilising the unique and irregular shapes of the scattered branches were the correct shape when they were used to create a semi-circular shelter. The people then dug shallow holes in a semi-circle. Branches were inserted into the holes to form an arched structure where each branch retained its position by mutual pressure of other branches forming a rudimentary ogee arch. The interlocking forks of the branches ensured that the wodli remained sturdy. They covered the branches with foliage and bark. Soil was then applied to bind the tree materials in making a form of wattle and daube that gave the structure strength and waterproofed it. Shelters were able to be adapted according to the size of the family. Usually a fire was lit at the wodli's entrance for many different purposes. It served to cook various foods while at night it provided warmth. By the time they returned again to that site a few months later, the plants would have regenerated. The seasonal availability of food also influenced the timing of ceremonial activities when large numbers of Kaurna family groups came together for a week or more for rituals, social activities, marriages and trade. The ceremonies were planned for a time when people could expect a surplus of food in a certain area. During the summer months especially, when travel was easy and food was abundant, large groups of people drawn from several yerta based groups would have met for celebrations and trade. At this time, marriages were arranged between the interested parties. Kaurna laws required people to marry someone from outside their moity and yerta. People came together in certain well chosen spots. The Glenelg area and the banks of the Torrens are two locations that are known to have been popular meeting places. These gatherings probably ran for several weeks and were characterised by long nights of singing and dancing and displays of skills. One of the strongest themes that runs through early settlers' writings about the Kaurna are descriptions of their palti. The sound of pulsing rhythms and voices singing alien refrains obviously intrigued many of the early European settlers. Many of them became regular and enthusiastic spectators. During the 1840s and 1850s a flourishing minor industry of performing palti grew. All the performers, usually the men, expected to collect a fee for their performance. The most popularly attended palti was that held at Rose Park. Thus the usual boring Sunday afternoons in early Adelaide were enlivened by this activity. Captain Hughes, a station owner around the Skillogolee area, reported his experience of a palti and on the numbers he saw at Reedy Creek in 1841 when he wrote: To give the Government an idea of the numbers of the natives who frequent the Reedy Creek I may mention that at a Cooroboree to which they invited me I counted one hundred and twenty men, besides women, boys and children.... It is exciting to speculate whether Kudnarto, who would have been in her tenth year, was actually present at this corroboree reported by Hughes. Unfortunately there is no ability to confirm this situation but in view of family conduct, it would have been unusual if Kudnarto was not in attendance at this palti. For the Kaurna, dance became a source of relief in the increasingly hostile environment. Singing and dancing became a regular feature of their life in the Adelaide parklands. An immense amount of time and effort went into preparations for a dance or palti. The fully initiated male dancer wore complete traditional regalia. Their palti was traditionally performed on nights of full moon. It is worth noting that Aboriginal dance was highly structured and as rigidly controlled as every other aspect of society. Dancing was a spiritual exercise, many dances tying in with one of the Dreaming stories which it illustrated. In addition there would have been movement by particular groups of people for spiritual and trading purposes. As part of the initiation process it was customary for the young men to be escorted along the route of their Dreaming Ancestor. These journeys could have lasted weeks or even longer and traversed wide areas of country. Small trading parties probably travelled long distances bartering ochre, skins and flints with northern neighbours. Some of the materials may have travelled even further, passing through several groups. Because of the group nature of family activity, all adults would have watched Kudnarto at play at some time or another. As a community, they would have observed the young girl's natural abilities. Within the group, either implicitly or explicitly, the group decided which abilities to emphasise. Subsequently they encouraged the best skills Kudnarto displayed which could assist her integration within the tribal unit. Later, this careful attention to the child's ability would lead to specialised functions within the group. All children received lessons in performing their tasks as best as possible. Adults strongly believed that they were instrumental in ensuring the proper survival. A further aspect relating to education was its tie with spirituality. People implicitly believed that the pursuit of perfection fostered the attitude of paying proper respect to the Spirit Ancestors. Since adults rarely scolded the children or disciplined them, the community used the Dreaming rituals to give the child a sense of place and belonging and the implied self discipline required to fit in with the society. This was a powerful combination to impress upon the young children. It greatly assisted in setting the tone for community cohesion through applying a strong social glue. This gave the internal strength to Kaurna society that even today shows its vigour despite over 150 years of settlement. Another important final survival skill was the making of fire. It was used for many different functions. Making fire was a skill that was highly valued. Cawthorne details the method in the following extract: The 'kooroo', fire apparatus, is merely two pieces of grass-stick, each about two feet long. A fire is kindled as follows: A native sits with his foot on one of the sticks to keep it steady, the other he places perpendicular at the end with both hands at the top; he then twirls it rapidly round in quick succession. Before ignition takes place, ashes or sand is sometimes added to cause a greater degree of friction. One major skill transferred was the ability to build a fire for cooking and preparation of food. Vegetable foods and fruits could either be eaten raw, warmed, steamed or roasted in a bush oven. Most animal foods were cooked in bush ovens similar to those used to cook vegetables except that the pits were larger and the steaming process replaced roasting or baking. This oven was called kanyayappa. To prepare an oven for steaming plants, a circular hole was dug using a wooden digging dish. Its dimensions were some 60 centimetres deep and between 90 to 130 centimetres in diameter. The Kaurna placed combustible material into the hole in anticipation of setting a fire. Pebbles and small stones were placed next to the fire wood at the bottom of the hole. Afterwards, when everything was prepared, they lit a fire. The Kaurna kept the fire burning until the stones were white hot. The coals were then taken out and sticks laid across the hole. A layer of reeds or damp grass was placed over the sticks. On top of the reeds or grass, the vegetables such as native cress or cabbage, were placed in concentric layers with root ends facing the outside. Over the food another layer of grass or reeds was placed with the warmth further sealed in by placing more grass around the heap. A digging stick was then thrust into the heap which formed a hole. They then poured water into the hole. When the water reached the white hot stones, steam was immediately produced in great quantities. During the hour taken to cook the vegetables, more water was added. If the vegetables were to be baked, they would be added to the type of oven used to cook animals. First, the animal was gutted. Then the fur was singed in the fire by holding the back legs and placing the rest of the body over the fire. They turned the carcass regularly to make sure all the fur was burnt off and just the skin remained. This process helped to seal the moisture in the meat. When the fire had burnt down to coals some of the hot stones were placed in the gutted cavity of the stomach along with leaves for seasoning. The carcass was placed in the hole followed by a layer of gum leaves or wet plants. These were covered with hot stones and more wet leaves and earth and left to cook for about an hour or more, depending on the size of the animal. The cooked meat was removed from the fire and gum leaves were used to brush off any ash or sand. The meat was then divided and served on a platter of green gum leaves. During the nights, the gathered families would congregate around the central camp fires. The heat generated from these fires was usually sufficient to warm the people on most nights. When it didn't rain, most people slept close to the fire. Sometimes people would accidentally roll into the fire. This resulted in burns to the body. It was rare to find an Kaurna person who was not scarred by fire. Finally, the use of fire in land management was extensive. It was well known within the Kaurna community that land management was enhanced by properly conducted burn offs. The fires rarely destroyed plants for plant life had evolved around the culture of fire. The burn offs created and maintained the luxuriant pastures upon where the wild life prospered. Kangaroos thrived upon the vigorous pastures that were stimulated giving the particular pangkarra a fine source of food. The Kaurna idea of fire culture was often commented upon by the early settlers. These people feared the consequences of fire and prohibited its use. There are early arrests and trials of Kaurna people around the Adelaide region for burning off during the summer periods. The defences employed by these people during their trials usually fell upon the use of tradition in stimulating the activity rather than criminal pyromania. These defences indicates the extent to which the pyroculture was inculcated within Kaurna society. Tanned animal skins, particularly possum and kangaroo, had wide use in Kaurna society. When a suitable animal was killed it was skinned and the curing began. The Kaurna word for the preparation of animal skins for making bags or cloaks by dressing and scraping the inside is kandappendi. As soon as the skins are removed from the animal they are laid upon the ground, stretched out and pegged down until dry. Cold ashes or dust are rubbed over the surface to absorb the fat which may exude during the process of drying. When they have dried, the skins are taken up and prepared for use. The larger ones have their inner layers shaved off by the katta, kandappi or wadna, and the smaller ones are rubbed slightly with stones, so as to make them loose and flexible. Some skins are marked on the inner side with a sharp implement, often in diamond patterns. This incising makes the skin more flexible. The skins are then stitched together, using wityo and animal tendons as thread. The needle is like a shoemaker's awl, pushed through and withdrawn to make an aperture through which the thread is passed. The garment when finished is nearly square. The men throw it over the left shoulder and arm and fasten it around the right, so as to leave the right arm free to carry their implements and weapons. The women throw it over their left shoulder, bring it round under the right arm pit and the whole is fastened by a string thrown over the garment and back, and when tied in front, a pouch is left upon the back in which the child is always carried. Some women would wear the cloak over the right shoulder. Game playing was also essential within the tribal unit. As a young girl she would have played the usual 'girls' games' with all her friends. In common with other cultures, the majority of games imitated adult daily activities. They were given miniature tools to play pretend foraging games, or as they grew older, they would build a small wodli as white children build cubby houses. When they were not playing these games, all the friends would join in collective singing and dancing with each other. For fun, as a group activity, they played a string game that is a universal game among children and especially girls. This game playing ensured that strong bonds developed between the various members of the tribes. It also reinforced the group nature of tribal activity rather than any emphasis upon the individual. Another game, similar to football, called Pando Ball, used an opossum skin ball to kick around. Everyone played this popular game together, even the adult members of the tribe. There was a good description of the methods used in playing pando ball by the Aboriginal people. Cawthorne wrote: The pando ball is made with a piece of possum-skin, flattish in shape, about the size of a common ball. The play of the pando is as follows: The players stand together in a ring or line, one of them kicks the ball in the air, sometimes to the height of 50 feet, the rest strive to catch it or else beat it about until it falls to the ground, when again it is sent up and caught and thrown to one another, generally to those who are not attentive, and if it falls to the ground a scuffle ensues and a great deal of fun. The merit of the game is to kick the ball perpendicularly and to keep it in the air as long as possible. There is a theory having some currency that this game, commonly played by many different tribes, became the foundation source of Australian rules football. Only further research will discover the truth of this claim. As she grew closer to adulthood, she would have started to participate in the rites of passage required by tribal law to become a woman. Since the process of becoming a woman is considered inappropriate knowledge to anyone but mature Kaurna women, the initiation rites and transmitted knowledge became forever lost to the modern days. The information was to be transmitted by oral sources from one initiate to the new initiate. The knowledge died with the initiates as they died. With the declining numbers of Kaurna women, the knowledge also declined until it was forgotten. Consequently, the only information obtained about her entrance to womanhood can only come from the overt observations of white males. These sources are rare and the reliable information very scarce. There is also some speculation as to whether Kudnarto also received any formal education provided at the Native Location. This was a series of twelve buildings established on the north bank of the Torrens River, and some two kilometres west of King William Street. The Native Location was started by William Wyatt, the Protector of Aborigines in 1838. The school aimed to impart the benefits of British culture into the indigenous people. As an added inducement for education, the children who attended received rations. In times when food was scarce, this was a blessing but when food was plentiful, attendance dropped. The basis of the claims about Kudnarto's education stems from a statement from Moorhouse made in 1843. He reported to the Governor that: There is not a child between the age of five and ten years, sixty miles to the North or sixty miles to the South, with an average breadth from East to West of ten miles, that does not know the Alphabet and some are advanced in reading, writing and arithmetic. In making this statement, it is unknown whether it is a piece of self serving propaganda or a statement of accuracy. If it is accepted as true, judging by Kudnarto's age, there is every possibility that she was taught in the Kaurna language by the German missionaries, Teichelmann and Schürmann. It is also evident that Moorhouse expresses a familiarity with most Kaurna families and thus must have known Kudnarto when she was a child. There seems to be a strong basis for confirming that Kudnarto did indeed receive at least some formal education. Hale, in 1889, described Kudnarto as: ... a native woman, who had been brought up at some settler's station and was partially educated. Hale did have contact with Kudnarto over a period of one year and thus had some knowledge of her background. He often referred to her as a model of the benefits of civilising and Christianising the indigenous people within Australia. He used her case to justify the creation of the training school at Poonindie. It was here that the social experiment of inculcating indigenous people with the values of European culture. While the educational experiment was carried out in a manner similar to that described in Plato's Republic, the results were rather dubious. However, it is through the advocacy of Hale through using Kudnarto as his example that brought his idea to reality. This information would have been readily confirmed by Moorhouse who would have known of her presence at the Native Location school. It can be concluded that, in these circumstances, Kudnarto did receive some formal education at Adelaide. Even though Kudnarto did receive formal education, the quantum and quality of this education are unknown. However, by the time she turned sixteen, her knowledge of the written form of English seems to have regressed for she is incapable of signing her name. Thus the durability of that education seems to be very much in doubt although the fact of her education is confirmed. One further piece of information given by the article of Hale tells the location of Kudnarto for a part of her life after her marriage. Hale stated that she lived at "some settler's station". This station belonged to Peter Ferguson, one of the first settlers in the Crystal Brook region. At the time, Adams lived at the same station as a shepherd. By 1848, Ferguson sold his station and moved to another property at Port Pirie. If Kudnarto was brought up at the station, she could only have spent four years at the site. Ferguson settled at Crystal Brook in 1844 and moved to Skillogolee Creek in 1848. From this information, it can be ascertained that Kudnarto was thirteen when she began to reside at Ferguson's station. At this time, she would have moved there with her first spouse. Over the years of her childhood, Kudnarto received two conflicting forms of education. On the one hand, she was raised in the traditional Kaurna culture. However, the British settlement gave her a window into a completely different culture. Attendance at the Native Location school gave Kudnarto an opportunity to sample European culture. Throughout the rest of her life, Kudnarto constantly tried to juggle to conflict between the two competing cultures. She did so with varying measures of success. Kudnarto's First Marriage When the onset of puberty undertook the characteristic changes to both the physical form and psyche, a female became eligible to join the pool of marriageable women. This was a very important function within Kaurna society for it created extensive ties between the various family groups within the tribe. This ensured that, despite the size of the group, every family group would be related to each other and thus eligible to partake in the laws of family hospitality. Thus marriage and tribal relationships were treated with great seriousness and consideration. Upon reaching marriageable age, a woman's family and relatives expected her to undertake cohabitation with her promised spouse as soon as possible. Marriage, and living with the promised spouse, occurred very early in the life for Aboriginal women of the Kaurna tribe. Meyer states that the Kaurna women married between the ages of ten and twelve while Moorhouse reports that girls usually left the Native School after the age of twelve years. Moorhouse states that: The girls are taken to live with their husbands. Later on, Moorhouse intimately detailed the situation as it pertained to marriage amongst the Kaurna people. In evidence before the Select Committee on the Aborigines, Moorhouse gave the following testimony: 2538. You have stated that the boys always will leave the institution at the age of puberty? - Yes. 2539. What induces them? - To go amongst the women. 2540. Amongst the black women? - Yes. 2541. Do you think that their habits are such as to lead you to the conclusion that these youths do go about with unmarried women? - Not with unmarried women, but with girls. There are no unmarried women amongst the natives. 2542. On the meeting of two tribes they interchange their wives? - they frequently do. 2543. Does a native usually get his wife from his own tribe - the young men for instance? - He never takes his wife from what he calls blood relationship. 2544. Are they not in the habit of stealing each other's wives? - Yes; they like to do it, to get fresh blood into the tribe. 2545. The native female children, then, if sent to the aborigines, would be likely to be stolen? - They would have to live with their betrothed husbands, and would allow sexual intercourse with their friends; and the fact that they do not breed shows the practice to be common. 2546. This shows what are their native practices? - Yes; in our native schools we did not think that anything of the kind went on. We made separate institutions or wards; and we made the approach of the boys as inconvenient as possible; but, in spite of our vigilance, they occasionally came in contact. They seize every opportunity, and try every means. We did not think much of this, as we only met with three or four instances; and Archdeacon Hale, I believe, did not meet with it for the first eighteen months. But when I say that the girls did not breed, it struck me that they were too common. 2547. Did that circumstance arise from communication amongst Europeans, or themselves? - Amongst themselves. 2548. Perhaps when those of a certain age are brought together, this kind of sexual intercourse occurs? - Yes. 2549. Do they indulge in it at a very early age? - I have known a girl to sleep with her husband, and, after having sexual intercourse, return to her mother's breast. She was, in fact, not weaned. 2550. At what age? - At six or seven, I have seen it. 2551. Do you think such things are of common occurrence? - Yes; they will have sexual intercourse with the men when they are from eight to ten years of age. 2552. Is there any issue? - No; I have not seen any family until they are sixteen or seventeen. This detailed and often graphic description of Moorhouse leaves one with little doubt that Kudnarto did indeed have at least one spouse. Even though at this time Kudnarto was nearby Ferguson's station and often assisted him as a house- girl, her cultural background indicates that she participated in the fullest sense within the marital and sexual behaviour of the Kaurna people. Marriage was composed of a serious series of transactions. There were elaborate procedures for completing this transaction. The marriage contracts found their initial formation after the parents confirmed that the child would live to reach marriageable age. Then when the woman reached the eligible age for marriage, serious negotiations were then entered into between the two groups. Rarely did the bride and groom know each other before their marriage. Groups of alternate yerta and moieties would come together and discuss the arrangements required to effect the transfer of the woman from her family group to the clan to which her husband belonged. A wedding occurred over the space of two days even though the actual marriage ceremony was brief. By tradition, the groom's family group would camp nearby the bride's family. Once each family established, through elaborate ritual, that they were gathering specifically for marriage, the groom's family would send their emissaries to negotiate the final transaction. Issues such as person, price and relationship would be discussed in great detail. When all outstanding matters were resolved, most of which were traditional forms of inter group transactions, the members of both tribal groups could announce to their members that the wedding could occur. This was the signal to commence preparations. The wedding occurred usually at the break of day following the conclusion of negotiations. In keeping with tradition, usually the bride's brother gave her away to the new husband. Sometimes the father performed this duty but that was not a frequent event. Upon marriage, the woman was expected to leave her tribal group and begin living within her new husband's family. Thus for the bride, marriage was a time of great loss of family and consequently the cause of great stress. The acceptance of the woman in the new group was largely determined by the man she married. If she joined a harem, life as the new spouse could be very difficult indeed with the older spouses giving the new woman a difficult time. In a monogamous relationship, a new bride usually had a better introduction to the new family. Since no man married before he turned 25, the women were usually married to older men who commanded high food distribution rights. Sometimes it meant that the bride had to join a harem for a few years until that man died and then becoming part of another man's harem, usually the brother of her spouse. As for the younger men, they were not prohibited from having clandestine sexual contact with the younger wives of the old men. Consequently, men and women of the same age were able to choose their sexual partners without any restriction. The gods only gave the people good things, and the sex act was part of this raft of gifts. Sexual contact was freely available for all people to enjoy at their discretion. This adultery of the Kaurna people was not frowned upon by the community but seen as a healthy outlet for both young men and women and thus to be promoted. This fact is confirmed externally by Moorhouse in his testimony to the Select Committee. Adultery was not a concept understood within the Kaurna community. The notion implies ownership rights over the reproductive organs of the spouse. Since property ownership was a shared community tradition, individual rights over property were never brought into consideration. Reproductive organs were treated in a similar manner to other items of property. It was common for a woman to maintain sexual relations with a variety of men with the full approval and active encouragement of her spouse. Usually when a guest came to the campsite, sexual intercourse between the guest and a member of the family group was considered to be part of the offered hospitality. As with other Kaurna women, once married, Kudnarto began living with her husband's group. Following the dreaming trails of her husband's family group, she would have travelled over new territory and learned new legends. The wanderings would have been exciting because Kudnarto would experience different landscapes. Kudnarto appears to be an adventurous woman so marriage would have offered the opportunity to move away from a dull family routine. Occasionally her family expected Kudnarto to visit them at certain designated times, usually at the time when the different groups dreaming trails crossed and they would hold a celebratory palti. Situations like this occurred once or twice a year. Then all the families would get together and exchange goods and news. They were happy occasions for everyone. Since the various families were in close proximity to each other and their inter family relations strong, such meetings between all the different families would occur at least once a month. The meetings would last for quite a few days. Afterwards, the family groups would pack up and move on to the next family meeting with another group. In keeping with the tribal traditions and practices of the time, it is not unreasonable to conclude that she indeed lived with her promised husband for at least a year or two before meeting Thomas Adams. If one takes the date of the marriage as the starting point, Kudnarto was sixteen. In the article in The South Australian Register of 28 January 1848, it states that she had cohabited with Thomas Adams for two years. Adams confirms this in 1855 when he states that he began living with Kudnarto in 1846. That would place her age when she started living with Adams at fourteen. If it is assumed that Kudnarto followed the traditional behaviour of Kaurna women and she was married at the age of twelve, (Meyer's latest age and Moorhouse's earliest age), then one can conclude that she lived with her husband for at least two years prior to living with Adams. Whether Kudnarto really married an Aboriginal man or not, is still unknown. However, in keeping with tradition, it is very likely that Kudnarto married an Aboriginal man as her first spouse. It must also be understood that she also undertook sexual relations with many other men. If she moved to Ferguson's station with her spouse in 1844, then she would also have had sexual relations with the shepherds in exchange for food. These conclusions are inevitable in view of traditional Kaurna values and the circumstances of the times that Kudnarto and her spouse found themselves facing. The contemporaneous information does not mention any spouse but it must be remembered that it was not in the interests of Adams to report this situation to the authorities. After all, Adams would have been putting a minor in peril by exposing her to moral danger. Such information could bring into play the actions of the Protector of Aborigines. This official was the legal guardian of all under aged Aboriginal people. If a situation of moral danger arose, the Protector was eager to save the child from this ill. However, while the Protector did not interfere with traditional Aboriginal arrangements, he did intervene when European actions caused distress among the Aboriginal people. At the time Adams started cohabiting with Kudnarto, Moorhouse would have known what was occurring. However, since this was a traditional Aboriginal arrangement, he did not interfere. This is in keeping with his duties. On the other hand, if Adams might encounter legal problems if it was determined that Kudnarto was married. After all, if he married her, as he did later, she would have to be a spinster or divorcee. Her marriage certificate states that she was a spinster. If Adams did not resort to subterfuge, it is probable that the authorities did not recognise Kudnarto's former marriage as a lawful marriage under British Law that prevailed throughout the white community. Despite this gap in information, it would be most unusual within Kudnarto's yerta and a point of great comment if there existed no contract promising her to a man in marriage. A woman of Kudnarto's charm and attractiveness would have ensured that they would have a quick and easy marriage to possibly the man with the largest harem. While there is no conclusive evidence as to a marriage, however, in terms of probability, there is every reason to believe that she did indeed marry an Aboriginal man whose name is lost to history. The marriage was short lived with Kudnarto's spouse selling her to Adams for an undisclosed price. It was a mutually acceptable arrangement giving relief to both Kudnarto and her spouse. Thus the marriage ended with each person satisfied with the result. European Settlement The first European to visit the Clare region was John Hill. In 1838, he conducted an expedition that briefly surveyed the area. It was a brief journey that gave the new settlement some knowledge of what lay further out from Adelaide. After Hill's return to Adelaide, he was able to give detailed information about the region. In addition, he found a new river that he named the Hutt River. The information collected by Hill whetted the wanderlust of Edward John Eyre. He wrote about how this expedition by Hill stimulated him when he said: Up to this period the Colony of South Australia was but very little explored - the furthest journey yet made to the North was by a Mr Hill who reached a chain of ponds he called Hutt River about 80 miles from Adelaide. The further course of this River, the country to the east and west of it and the whole region beyond it to the north were utterly unknown and untraversed. These I determined to examine. Eager to open up more land, the government employed Eyre to explore the lands beyond the Hutt River. To this end, Eyre departed from Adelaide on 1 May 1839. On the homeward journey Eyre took a more easterly route and discovered a new stream which he named Hill River: ... after the gentleman who discovered its twin river the Hutt. Eyre's exuberant descriptions of the land gave great enthusiasm to a new migrant, John Horrocks. Coming from Lancashire, he was looking for a place to settle and establish a farm. In late 1839, John Horrocks and John Hope set off from Adelaide to establish a sheep station in the area. During their visit to the area they experienced some difficulty from which the name Skillogolee Creek remained as a reminder of their adventures. While Horrocks and his assistant, Hope, surveyed the lands where he eventually hoped to lease, some Kaurna men trailed him. These men were curious as to the nature of Horrocks' survey work. In the late afternoon, when Horrocks and Hope had nearly completed their day's work, a group of Kaurna men attacked them. The Kaurna men made a great deal of noise and issued loud threats to frighten the expeditioners. This was their usual method of inducing fear into an opponent. When this failed to produce the desired effect upon Horrocks and Hope, the Kaurna men decided to come into close quarters and tackle the intruders. In the ensuing melee Horrocks and Hope rode off quickly to save their lives. This resulted in them losing all their provisions except for a small supply of flour. As night began to fall, Horrocks and Hope urgently needed to make camp. Horrocks and Hope rode back to the creek where they had spent the previous night. Since they only had flour, their circumstances compelled them to survive upon 'Skilly'. It is a ration of tasteless gruel made from porridge and hot water. Thus they referred to the creek where they made camp with the pejorative term of Skilly Creek. It reminded them of the place where for many days they were reduced to living upon this unpalatable food. Later it evoked keen memories of their trials. No one came up with a better name for the creek so the name remained and still does today. Later on, at the end of 1839, when Horrocks decided to settle in the area, he established his first home in a hollowed out tree upon the banks of Skillogolee Creek. To commemorate his pretensions of noble ancestral origins, Horrocks called his new home, Penwortham. This term was applied to both the hollowed tree next to the creek and the lands surrounding this tree. The contact between Horrocks' shepherds and the Kaurna community continued for a long time. At times this tension exploded into bouts of extreme violence. The Kaurna people were not prepared to allow Horrocks and his shepherds to settle upon their land in peace. As far as the Kaurna people were concerned, the fencing and stock raising activities drove away the game and while grazing destroyed their vegetable supplies. The coming of Horrocks may have been good for European settlement but it was a severe economic and political blow for the Kaurna. Horrocks and his men were attacked on many occasions. One report illustrates both the tensions that existed at the time and the bias in the settler community against the indigenous people. The event occurred only a few months after the settlement of Horrocks at Penwortham. It began on 21 February 1840, when an informant from Penwortham passed the news onto The South Australian Register. A newspaper reporter then made some enquiries. This period was characterised by the newspaper and government working close together through the intimate acquaintance of the proprietor and the Governor. However, while a story like this could not be suppressed, it could always be watered down to remove the sheer brutality of the event. After receiving the information from Penwortham, The South Australian Register reporter alerted to Governor to the fact that the newspaper was about to publish this story. This pre-warning allowed the Governor sufficient time to make a considered response to the news. Consequently, it appears that Gouger tried to give the impression that something was being done by the government ensuring that something empirical was being done before the story broke. The following day, on 22 February 1840, The South Australian Register carried the details of the story. They also gave their own sanctimonious explanation to the events that occurred. AFFRAY WITH THE NATIVES During the last weeks information was received that a shepherd at Mr Horrocks' station on the Hutt had been nearly murdered by certain natives, and a policeman was sent out to make enquiries into the circumstances, and if possible secure the guilty individual. Intelligence reached town last night that in endeavouring to secure the suspected party, the policeman was resisted and would have been certainly murdered, had not Mr Horrocks' shepherd shot the native while thus engaged. We have before remarked on the imprudence of settlers in the far bush allowing natives to approach their stations at all. No amount of forbearance can stand out against the annoyance they inflict, and fatal collisions under such a system cannot be avoided. There are three items in this report that summarise the feelings of the settlers towards the indigenous land owners. The first item was the right the settlers felt they had of apprehending indigenous people without permission. They used the brute force to undertake the arrest of a person without any respect of Kaurna law. There is nothing in this story that indicates that the indigenous people had a right to their land or that they did indeed have sovereignty over the land. The police acted in the role of occupying forces carrying out orders without regard of any established international legal principles of occupation. Next there is no mention as to either the gender of the "native" or the circumstances under which the police were going to arrest the "native". These issues are essential for the tenor of the article suggests that "natives" are likened to vermin since nothing "can stand out against the annoyance they inflict". Further investigation of the story tends to indicate that the incident was provoked by poor faith shown by the shepherds and towards the "native". There is every indication that the problems stemmed from the failure of Horrocks' shepherds to properly recompense the "natives" for the usage of their women for "immoral purposes". Apparently, the "native" and a few other "natives" entered the property to take the recompense in the form of sheep that they had been previously promised. The theft of the sheep provoked Horrocks to complain to the police. The mounted police responded by tracking down the "native" and recovering the stolen cache of sheep. Naturally, the "natives" were bitter about the shepherds' duplicity and fought for the right to possession of the sheep. During the dispute, the "native" vigorously resisted any attempt to be arrested or lose the sheep. While fighting with the police constable, the shepherd who was responsible for causing the strife in the first place shot the "native". None of this is reflected in the matter-of-fact report. Finally, there is the moralising aspect of the article. The reporter states with sanctimonious piety that: "We have before remarked on the imprudence of settlers in the far bush allowing natives to approach their stations at all." There was only one reason why the indigenous people and the shepherds came together at all. It was to trade. Each had an abundance of items the other desired. The shepherds had food which replaced that which was chased away or destroyed by the grazing of the sheep. In exchange, the Kaurna had women, a gender decidedly in short supply in this region. European women rarely would wish to live in the squalor of the shepherds' life. Thus, only indigenous women were available. The attitude of the Kaurna towards sexual intercourse ensured that there was no moral dilemma arising from this transaction. While the reporter asks the shepherds to stay away from the indigenous women, he does not provide any alternate solution to the problem. This was never a serious consideration among the moralisers. In taking action, Robert Gouger, the Colonial Secretary, is far more pragmatic and precise with his comments. To cover himself from any ramifications of this action and the questions that might be raised, he pre-empted the article of The South Australian Register when he wrote to Horrocks on 21 February 1840 requesting further information about this incident. He wrote: I am desired by His Excellency the Governor to inform you that he is desirous of investigating fully the circumstances attending the death of the native woman at your station in order that a proper record of the event may be sent as usual to England and Published in the Colony. To effect this end it is necessary that the evidence on oath of your shepherd be taken before a Magistrate as well as that of the police who witnessed the transaction and I am therefore instructed by His Excellency to request that you will allow your shepherd to attend the mounted police on their return to Adelaide. As this letter from Gouger details, he was more concerned about accounting for the death than undertaking any process of justice. At no stage is there any request for an arrest warrant for the crime of murder. There is not any serious attempt to examine the matter. The shepherd was only required to make a statutory declaration before a magistrate to clear up the matter. In view of the two hangings of Kaurna men the year before for murder, this action seems extremely lenient and biased. The final outrage in this whole matter is the person who was murdered. It was the woman who was promised food. She is the victim in this whole affair. Her family was cheated. On good faith, she prostituted herself to satisfy the desires of the shepherd. In return for these sexual favours she was to be rewarded with a sheep. The shepherd sent her away from his hut empty handed. This led her family to seek compensation that was only natural under Kaurna law. In accordance with Kaurna law, they exacted recompense. To end the argument, the shepherd saw a good opportunity to kill the woman he had abused the day before. At no stage in the above two reports that there is any concern for the woman. No one cares. She is just an object to be used, abused and destroyed. As an object for sexual gratification, she was desired but as a human, she was considered to be vermin and only fit for destruction. Such was the nature of British culture and justice. In reflection about this situation of shepherds and the rape of indigenous women, Wyatt stated in testimony before the Select Committee on Aborigines in 1860 when he said: 636. You have alluded to some evil influence which accrues from their contact with the outlying stations. I suppose you allude to hutkeepers in the employ of the settlers? - Of course there can be but on evil influence to allude to. 637. You mean the stockkeepers or shepherds? - Yes; persons who live in solitary positions, and who come in contact with a few natives. 638. Do you suppose they have criminal intercourse with the lubras? - Yes. Back in Adelaide, the pressure to settle on the land forced the Governor's hand. He commissioned further surveys into the area for the purposes of securing additional land sales. To this end, in 1841, the Governor dispatched a survey team under the command of Sergeant Forest to the region north of Adelaide to examine and map available lands. As part of Sergeant Forest's survey expedition, Corporal William Ide of the Royal Sappers and Miners conducted the first survey within the region. This process proved vital for further European development. While the land remained unsurveyed, people used it without authorisation. Furthermore, those who did claim a right to farm there could claim no security of tenure. This held up investment and mortgages to develop the land. At that time, people had already moved livestock overland from New South Wales and were ready to undertake serious farming activities. For that reason alone it was most important to get a survey completed quickly. During this time, the administrative arrangements of the new districts created in South Australia required alteration for streamlining government activities. The area formed part of the newly proclaimed County of Stanley on 2 June 1842. The County of Stanley covered some 1,4141/2 square miles or 905,284 acres in the mid-north region. It was in this region that the story of the Adams family enters the historic records. Life in this close knit community of Stanley County was intimate and personal. By 1844, the census records show that some 226 people lived in the Hutt and Wakefield district. Of this population, there were 151 single males, and 28 single females, while the balance was either married or widowed. The figures indicate that there was a great disproportion of single males. The pressure caused by this imbalance received resolution by the introduction of Aboriginal women as either de facto spouses or as prostitutes. House styles described in the census is indicative of the life lead by the settlers within the region. Twenty dwelling sites housed this total population. The break-up of the house construction is revealing. Four of the houses were constructed of stone or brick. Fourteen homes were made from timber while two other houses were constructed of material that the census does not elaborate upon. The image of this area is one of a great number of itinerant single males while the balance lived in very primitive houses. Even religion did not calm the souls. Out of this number of people, some 150 recorded themselves as Church of England, 30 as Roman Catholic, 26 as Presbyterians, 1 Jew, 1 Methodist and 8 dissenters. There are 10 who did not even bother to record their faith. By 1851, and before the gold rushes in Victoria, there was a tremendous amount of new development due to the growth in Kooringa's population. Copper was the source of the wealth extracted from the region. The population of the Burra area grew until it became the seventh largest city in Australia, being even larger than Perth and Brisbane combined. New roads were constructed which stimulated more settlement in other areas. This new population grew to serve the various needs of the travellers. The population growth and road traffic were fundamental in shaping the life of Kudnarto and Adams after their marriage. At this time, Skillogolee Creek was a growing settlement with the potential to expand. Apart from the shepherd's cottages, there was the Port Henry Arms hotel and Titcume's butcher shop. As long as bullock drays were used to carry copper ore from Kooringa to Port Wakefield, the presence of a permanent water-soak on Adams' land ensured the growth of Skillogolee Creek. Seven kilometres to the north-east of Skillogolee Creek lay the tiny village of Auburn. This was an important turn-off to Port Wakefield. "Piebald" Williams, a mine manager bought the land on speculation of continued growth of the Burra region. Once acquiring the land, he had plans of a town drawn up and lodged with the Lands and Survey Department. Once the town plan was approved, Williams began to subdivide the land and sell off building lots. With a sentimentality born of Ireland and the poetry of the great English bard, Oliver Goldsmith, Williams named Auburn after that village so described in poem The Deserted Village. Williams' mind was elsewhere when he read the lines: Sweet Auburn! Loveliest village of the plain, Where health and plenty cheer'd the labouring swain, Where smiling spring its earliest visit paid, And parting summer's lingering blooms delay'd: Dear lovely bowers of innocence and ease, Seats of my youth, when every sport could please, How often have I loiter'd o'er thy green, Where humble happiness endear'd each scene; At no stage could Auburn match the words which described the village in Goldsmith's poem. Even Goldsmith could not do so, for in reality, the village of Auburn was actually Lissoy village in county Westmeath, Ireland. The plain upon which Auburn is located could never parallel that in the poem. The only reason for sweet Auburn being the loveliest village of the plain lay in the fact that it was the only one on that plain. The cloying sentimentality of Williams deluded him into believing more about Auburn than really existed. To the world, it appeared that Williams' name of Auburn was seen as a detrimental joke. As one traveller sneeringly said: There are uglier places than Auburn, though not much (the Black Springs, by the way, are decidedly uglier) and Auburn may yet become 'Sweet Auburn', provided we are not too hard in assessing the requisites for 'sweetness'. At the time this critique was written, the town consisted of four buildings. The most substantial building was the Rising Sun Inn kept by John Edwin Bleechmore. Near his hotel was the blacksmith's shop owned by William Norrell, an enterprising man who was desperate to expand his humble holdings despite his parlous financial situation. These two people had the first substantial buildings in the town. Others soon followed proving the old adage "Put up a public house and a blacksmith's shop, and a village will soon follow." A town did follow. Auburn, whose name derived from one poet, also claims its bard, C.J. Dennis. Maybe, after all, Williams was just a sentimental bloke. Just south of Auburn, some three kilometres away lay a vast tract of land known as Kercoonda. This comes from a Nugunu term that translates as a "camp near water". The name arose because of a major waterhole on the River Wakefield that the Nugunu people knew as "yundalya". At Kercoonda, William Slater maintained his head station for his sheep farm. He also opened a Post Office in 1848. Just some few hundred metres away from Slater's farm was the Queens Head Inn operated by the licensee John Alexander Robertson. North of Auburn was another turn-off to Port Wakefield near a permanent water- hole. To facilitate the crossing of the Wakefield River by the ore carrying drays, the Patent Copper Company built a sturdy bridge over the creek. The corner area was affectionately known as 'Billy Tatum's', so named because of a garrulous shepherd who set up camp at this location. As a subcontractor, he hired himself out to the various stock licence holders who wished to move their sheep through this region to other pastures. Moving further north lay the town of Watervale. It sits upon an extensive flat. The flat land broken by a creek that wends its way to the Wakefield River. At the southern end was the commercial sector of the town containing a hotel, some general stores, butchers' and blacksmiths' shops, and other shops. The place contained about thirty houses with a population of about a hundred inhabitants. At the northern end of Watervale was the home of Dr George Francis Moreton, MRCS. The good doctor lived next door to the northern most public-house, known as the Prince of Wales. Outside the perimeter of the town lay many gardens growing lush crops of vegetables and huge melons. These crops served the needs of the local area but its main market was to be found at Kooringa. A further eight kilometres north leads to the village of Penwortham often described as the most attractive village within the County of Stanley. Nathaniel Hailes, an auctioneer and author of the popular Timothy Short's Journal of Passing Events, described the village as 'Penwortham the Pretty'. The village of Penwortham contained only a few houses with a scattered population. One of the most outstanding buildings of the time was the parsonage designed and built by Reverend John Charles Bagshaw who also designed the St Mark's Episcopalian Church. It was considered to be the oldest church north of Gawler. The Derby Arms was the only public-house in the village. It was an ugly, run down building. The facade held true as to the interior. People considered the hotel a horrid place to stay, the service being poor, and the accommodation primitive. Apart from the Derby Arms, Penwortham was in an extremely pleasing location with rich and fertile soil in the land surrounding the village. About three kilometres further north, along a fine diamond flat, and up an opening in the range, was a substantial stone house, with a roof of wooden palings, known as 'Woodlands'. This gardened property formed the home of John Jacob that is reached by a turning west from the main road. On the east side of the road, Jacob had a further farm where he was growing a considerable amount of wheat. Moving a further 6.5 kilometres north, the character of the countryside impressed all travellers with its sheer beauty. The tree stands were dense enough in growth to be referred to as a lush forest. Within the forest were white and red gums interspersed occasionally with sheoak trees. With the hauntingly romantic beauty of rolling hills heavily timbered with trees gave the traveller a feeling of great serenity. A little to the north of this area was the Emu Plains. Copper was discovered in commercial quantities at this place. However, once production started, the failing copper mining works of the Emu Plains Mine continually struggled to break even. The ore grade was so poor that, in the end, it was derisively dismissed as not being able to produce enough copper to manufacture a single penny. These were indeed harsh words when one considers the amount of copper required to make a penny. North of Emu Plains lay the regional centre called Clare Village. Settled in the Hundred of Clare, the village lay chiefly upon Edward Gleeson's land, being some 540 acres. Gleeson was an individual blessed with incredible luck. He named the area after his homeland in County Clare. The village Gleeson planned and created also bears this name. Hutt River flowed through Clare Village. Its waters ebbed and flowed according to the prevailing conditions. The surrounding soil was very rich and at times, formed patches of black loam. There were all sorts of vegetable produce being cultivated, especially potatoes, as the seasons determined. Consequently, the land was prime farming area and prices for the land at a premium. Any land that came upon the market sold quickly - a real seller's market. There were many substantial buildings within Clare Village. Legal administration was catered by a Local Court building wherein Gleeson presided as the local Magistrate. Added to this, there was a Post Office with Gleeson as postmaster. To enforce the law was a Mounted Police office and a stone police barracks. Next to the barracks was 'Waterloo Store', a prosperous, general and dry goods store. Nearby were two further stores. As with all rural towns, there was a blacksmith, a shoemaker, and a tailor. Punctuating each end of town were two public-houses, one at the north end and the other one, south. The Clare Inn, sitting at the northern end of town was the more popular hotel among the Catholics because of Mortimer Nolan. During 1850, Nolan renovated it to upgrade the facilities. As a sideline, Nolan also ran a sandstone quarry on the land near his public-house. On the south end, the Travellers Rest operated in better condition. It was popular with the non-Catholics. This quiet and rather rural spot has two inns, one at each end of the village. There are several Roman Catholic families of Irish origin in Clare. This included Gleeson himself and Mortimer Nolan of the Clare Inn. Nolan's evangelical activity extended to placing in all Inn's bedrooms, the well-known tract Garden of the Soul. Apart from the Episcopal Church, there is a Roman Catholic Chapel in the village. Furthermore, although lacking a proper church hall, the Methodists used a cottage for their worship. North of Clare Village, at the base of the hills was the Gothic structure of St Barnabas's Episcopal Church. The person who donated the land, Gleeson laid the foundation stone in 1851. It took a great deal of time to construct the church and eventually when built was able to accommodate two-hundred people. Going north of Clare Village was Gleeson's farm known as INCHIQUIN. In 1840 Gleeson settled upon this selection in the Clare Valley. Gleeson had won his wealth from a major pay-out from the Calcutta Lottery. He spent his money on establishing his farm. People considered his farm a credit to the area. He planted a garden with fruit trees and vines. These trees tended to have poor productivity. The seasonal problems that effected the crops found their cause through Gleeson's lack of understanding of the weather. Besides fruit, he grew hay. This was his main activity. Demand for hay came from the large numbers of livestock traversing the area carrying ore from the mines at Kooringa. The Clare Village road went north, crossing a ridge called 'The Camel's Hump'. The ridge was part of Robinson's Range, named after William Robinson, the owner of the sheep station located between the Hill and Broughton Rivers. His property, known as Hill River Station, was 32 kilometres north-north-east of Clare Village. The rivers upon the property were also usually empty or consisted of a few water-holes. The station itself tended about 1,500 sheep. Going towards Kooringa, the Clare Village Road crossed two creeks, the Hutt and Hill Rivers, which rise from the ranges beyond Robinson's, run east, then turn south, each being a tributary of Broughton River. Both rivers are usually empty and present as dry river beds although at times there is a trickle of water traversing the creek bed. On the plain between the two rivers lay a large horse and sheep station belonging to Jemmy Chambers. It was a vast property that supplied good horses for his haulage business. All people who passed this property knew of Jemmy's horses by the hundred of all colours grazing, or trying to graze over the parched planes. Part of his business included the various local mail runs, one of which ran from Kooringa to Clare and Clare to Adelaide. One run, from Clare to Adelaide, left Clare every Monday and Thursday morning at 6.00 am. Before entering Kooringa, about 32 kilometres away was a substantial place called 'Bundaleer'. It was Hughes' property on the Broughton River. He was one of the Mine shareholders and thus earned considerable money from the ore and coal traffic between Port Adelaide and Burra. Although his house was close to Kooringa, Hughes claimed he had never found the time to visit the mines. Hughes was more interested in his sheep rather than his mines. Currently 'Bundaleer' is now part of the Bundaleer Reservoir. It was into these localities that the history of Kudnarto and Thomas Adams occurred. Most people mentioned within the survey played some role within Kudnarto and Adams' lives while they lived at Skillogolee Creek. The area around the Clare Valley contained a very close and intimate group of people. They isolated themselves into two distinct groups, each group having little interaction with the other. The firsts were the Kaurna people who had inhabited the area for many thousands of years. The Europeans had very little to do with them and invested very little time in attempting to understand them. The only exceptions were four German Missionaries and the erstwhile and current Protector of Aborigines. The Kaurna kept to themselves and from force of circumstances found it necessary to deal with Europeans. It was a voluntary separation built upon mutual distrust and arrogance. This continuing tension formed the background in the lives of Kudnarto and Adams. Aboriginal Land Grants The care of the indigenous people within the proposed South Australian colony occupied some attention. The South Australian Commissioners were very aware of the current occupation of the land by the indigenous people. They had the experience of New South Wales, Van Dieman's Land and Western Australia to refer to when undertaking their deliberations. With great feelings towards protecting the current inhabitants against any depredation of the expected settlers, the Commissioners established the position of Protector of the Aborigines. The proposed officer was given extensive powers to intervene upon the behalf of the indigenous people. On paper, the powers appear greater than those of the Government in relation to the transfer of land. Furthermore, it gave the Protector the ability to make treaties with the Aboriginal people. The Protector was also charged with the responsibility to ensure that the treaties or bargains were faithfully adhered to when settlers acted upon the terms and conditions. The intentions of the South Australian Commissioners was clearly spelt out in the "Instruction to Resident Commissioner" found in the Appendix attached to the Second Report of Commissioners on Colonisation of South Australia. The relevant clauses states: 33. That His Majesty's Government have appointed an officer, whose especial duty it will be to protect the interests of the aborigines. 34. You will see that no lands which the natives may possess in occupation or enjoyment be offered for sale until previously ceded by the natives to yourself. 35. You will furnish the Protector of the Aborigines with evidence of faithful fulfilment of the bargain or treaties which you may effect with the aborigines for the cession of lands, and you will take care that the aborigines are not disturbed in the enjoyment of the lands over which they may possess proprietary rights, and of which they are not disposed to make a voluntary transfer. 36. On the cession of lands, you will make arrangements for supplying the aboriginal proprietors of such lands not only with food and shelter, but with moral and religious instruction. With this view you will cause weatherproof sheds to be erected for their use, and you will direct that the aborigines be supplied with food and clothing, in exchange for an equivalent in labor. Clause 34 was contentious and depended upon the desire to actually enforce it. Under its strictest circumstance, the indigenous people were in full possession and occupation of all the lands in South Australia. This sense of ownership by the Aboriginal inhabitants was well acknowledge. However, because of the nomadic lifestyle of the indigenous people, the dilemma for the Europeans was understanding the nature of Aboriginal land tenure. Since the Europeans could see no building or institutions to which they could relate, they assumed that the territory was composed of "waste lands". With this potential conflict built into the instructions, the Protector of the Aborigines was placed in an unenviable position. He was to protect the interests of the Aboriginal people while at the same time ensure that the indigenous inhabitants ceded their land without any recompense for the purposes of European settlement. On both sides, the Protector was squeezed. In the end, the Protector was only able to document the demise of the people he was sworn to protect. As Protector, the position was a failure. At the commencement of settlement, there was some enthusiasm for giving assistance to the dispossessed indigenous people. In pursuance of that goal, one-tenth of the proceeds of the sales of all "waste lands" was set aside for the Aboriginal people's benefit. The funds raised was placed in the colony's general revenue accounts of the Treasury and was accordingly administered in favour of European concepts of Aboriginal assistance. The strict enforcement of the ten per cent rule dissipated after the sale of the North Kapunda Mine in 1841 for £2,000. From the proceeds of this sale, a school room for Aboriginal children was built at a cost of about £400. Subsequent to this, it was felt that too much money was flowing into the Aboriginal fund which should be allocated to better purposes. From this time, a definite proportion ceased to be set aside. During the early period of settlement, some 8,000 acres were set aside as reserves for the Aboriginal people. The ostensible goals laying behind this plan was naive. The objectives were premised upon European concepts of agricultural husbandry rather than understanding the Aboriginal method of land care. The Commissioners hopes that the indigenous people would suddenly cast off their traditional methods of food gathering and settle down to sedentary cultivation of the soil. Needless to say, the experiment was a complete failure. Only three lots of eighty acres each were ever given to the Aboriginal people. The balance of the 8,000 acres was leased out to the settlers bringing in some £1,000 per annum. In 1860, the Select Committee on Aborigines considered this issue. Their sad conclusions tended to indicate that the Aboriginal people had very little time left as the inhabitants of South Australia. The subsequent report states: The idea of allotting a portion of the income of the waste lands of the Crown to the relief and benefit of the original lords of the soil, will generally recommend itself. The melancholy fact has frequently forced itself upon the minds of the Committee, during their examination, that the race is doomed to become extinct, and it would only be a question of time when these reserves would again revert to the Crown. However, this comment anticipates history. In 1841, attitudes were different. At this time, changes occurred in government policy towards Aboriginal people of South Australia. The Governor was keen to set aside prime agricultural land to allow the indigenous people to settle down and undertake pastoral and agricultural activities similar to that done by the Europeans. The principles for the creation of these Aboriginal reserves were detailed by the Protector of Aborigines on 15 February 1848 when he said: These reserved sections were intended first to settle the natives upon them provided that any native can be induced to settle, and second provided they would not for some time to come, it was thought that a revenue might be produced by letting them and the proceeds were to be applied to the use of the natives. The implied aim was to create a new class of a bucolic and rustic Aboriginal yeomanry. In so doing any Aboriginal resistance to European settlement would diminish and the Aboriginal people would identify with the superior civilising ideas offered by the British way of life. Without any great understanding and being people of their times, this was the limit of the Governor's imagination. The policy recognised that white settlement severely disrupted the traditional Aboriginal economy. To overcome this disruption, they attempted to rectify this situation. The only solution seen was to change the Aboriginal population. At that moment, the Aboriginal people were seen as primitive savages. The aim was to train them to become acceptable British subjects in the same manner that the Negroes in the Americas were acceptable peasant farmers. In keeping with the changes to government policy, the Governor invited the Protector of Aborigines, who at this time was Moorhouse, to select land for the purposes of Aboriginal cultivation. Moorhouse became The Protector of Aborigines in 1839 after the resignation of the first Protector, Dr W. Wyatt. He was to remain in this position until it was abolished in 1857. The Governor gave permission for Moorhouse to tour the countryside for the specific purpose of examining potential sites which were suitable to be declared as Aboriginal Reserves. On 7 October 1841, Moorhouse wrote to the Commissioner of Crown Lands that he: ... should recommend '346' on Skillogolee Creek After being encouraged by the Colonial Secretary to pursue the setting aside of this property for the purposes of the Aborigines, on 9 October 1841, Moorhouse requested that the land be transferred to him under trust. Supported by the recommendation of the Colonial Secretary, the Governor, on 27 October 1841, agreed to Moorhouse's request. Instructions were subsequently issued to the Commissioner of Crown Lands to undertake those administrative activities that would result in Section 346 being duly transferred to the control of the Protector of Aborigines. Moorhouse writes: I have the honour to inform you that His Excellency the Governor has allowed Section 346 on Skillogolee Creek ... to be reserved for Aborigines. In a return of lands held on behalf of the Aborigines sent to the Governor in 1842, Moorhouse acknowledges that the section was now under his trusteeship and available for distribution or lease. This was sent in a report to the Governor upon the subject of Aboriginal reservations. The following is a list of properties set aside for this purpose. It was recognised that Aboriginal males would probably not avail themselves of the land but women who had white husbands might. In so doing, they would act as human conduits to bring into the world a new breed of racially superior people. Their mixed offspring were considered to be the hope for the new breed of people. Great importance was placed upon the proper education of the offspring. This policy was given specific voice by Charles Bonney, the Lands Commissioner when he gave testimony to the Select Committee on Aborigines. Bonney states: 972. You speak of black women being married to white men - was there not some inducement held out for such marriages? - Yes: at one time it was the custom to allow the man marrying a black woman to use an aboriginal section. 973. What - a full conveyance from the Government? - No; he only had the use of the section. SECTION LOCATION HUNDRED 2839 Mr Davenport's Surveys Macclesfield 1185 On the River Light Waterloo 1178 On the River Light Waterloo 126 On the River Todd Louth 127 On the River Todd Louth 128 On the River Todd Louth 1673 Outside the sources of the Torrens Talunga 346 Skylligolie Creek Upper Wakefield 172 On the River Hill Clare 3336 Kondoparinga 3337 Kondoparinga 3338 Kondoparinga Table 3. Return of Aboriginal Lands 1842 Compiled by M. Moorhouse on 16 April 1842 for the Governor Letter dated 16 April 1842, GRG 52/7/1, p. 51. Gaining currency at this time was a genetic theory that supported this notion of creating a new racial class of people within South Australia. Europeans could only look at the evidence about the Aboriginal response to settlement. The numbers diminished rapidly. Resulting from these overt observations and anecdotal evidence, a curious theory about the strength of Aboriginal genetic material began receiving serious consideration. Count Sir Paul Edmund de Strezlecki gave the theory full articulation. He hypothesised that, after an Aboriginal woman engaged in sexual intercourse with a white man, the woman no longer could become pregnant through sexual intercourse with an Aboriginal man. The implied suggestion is that white virility and its various manifestations, in this case sperm, are so strong that weaker races are unable to compete. Thus once inseminated with a white man's sperm, the reproductive organs of an Aboriginal woman became conditioned to receive such powerful sperm. Consequently the Aboriginal woman's organs become conditioned to reject any inferior sperm, especially from Aboriginal men. Accordingly, great emphasis was placed upon the retraining of the children from these unions. Since "half-casts" were considered to be superior in intelligence and ability, there were both legal and economic sanctions available to remove these children from their parent. In 1841, the South Australian government promulgated an Ordinance which gave the Protector the power to remove half-cast and quarter- cast children from their natural parents. The law gave the parents no rights over their children. Moorhouse admits that the law gave the Protector in loco parentis powers over all the Aboriginal people. In addition, the institution at Poonindie was established to separate Aboriginal children from their parents to ensure that European culture would prevail in an isolated setting. It was into this pot of ideas and people that the marriage of Kudnarto and Adams was initiated and lived. They were circumstances which looked overwhelming but, despite all the pressure, the marriage did survive. Examining the lives of both Kudnarto and Adams gathers together the enigma that the inarticulate and dispossessed lead the way for the wealthy and powerful towards greater understanding and conciliation between the Kaurna and European peoples. Shepherds and Their Flocks During this period of the 1840's there was a great deal of tension between the shepherds and the Kaurna people around the Skillogolee Creek region. During this period, European settlement grew rapidly displacing the traditional land owners from their sources of economic survival. This land grab by the settlers seriously disturbed the indigenous people's lifestyle to such an extent that they began to starve. To ease their deprivation, the Aboriginal people resorted to prostitution for food or theft. Each solution brought in its wake increased tension. One illustration of this tension and its underlying causes, a series of letters were exchanged between George Charles Hawker at Bungaree the various government officials. The topic of correspondence concerned the murder of an Aboriginal woman by a hutkeeper, George Gregory, who worked for John Jacob, at his farm "Woodlands", at Penwortham. These exchanged letters detail the inner tensions between the various Europeans, articulated by Hawker regarding the treatment of Aboriginal people and the underlying racial superiority assumptions of the European community. The series begins with Hawker outlining the problem in a letter dated 27 January 1843. It is with great regret that I have to report to you for His Excellency's information the death of a black woman who was shot by a hut keeper of Mr Jacob. As there is a great number of blacks at present at my station and in the neighbourhood I would beg and submit for His Excellency's approval whether a visit from Mr Moorhouse would not be advisable and remove any unpleasant feelings or plans of revenge of the natives against the whites. The letter from Hawker is very matter of fact showing a great deal of concern about the gathering of the Kaurna people near his station rather that any ideal of serving justice. He understands that the death of the woman raised deep feelings of vengeance which would render the lives of the Europeans very unsafe. Hawker knew that Moorhouse was able to speak to the Kaurna people in their language and thus requested his help. When the Governor received this letter, he called for the immediate presence of Moorhouse. After some discussion, Moorhouse was sent to investigate the incident himself and make a full report to the Governor. When Moorhouse arrived back in Adelaide, he filed the following report on 8 February 1843: I have the honour to report my return to town on the 6 th ult. from visiting the station of Mr G.C. Hawker Esq. on the Hutt River. I was requested by His Excellency the Governor to proceed to that district in consequence of a report having been forwarded to His Excellency of the natives being in a state of anxiety on account of a woman having been shot by a hutkeeper in the employ of Messes Jacob. I obtained no further evidence about the case as neither natives nor Europeans witnessed the scene. I spoke to the natives about the event and explained to them the course that would be taken with the hutkeeper - he would be tried and punished as a murderer. They evinced no feeling of exasperation or revenge and after several conversations upon the subject they calmly said we hope the "pepa meya" (the Judge) will hang him. I fortunately met with a native from Mt Bryant and informed of settlers about to proceed to the westward of his country. I requested him to inform his acquaintances of the fact and recommended him to keep from too intimate contact with the settlers and especially from theft. Not being an investigative officer, Moorhouse did what he could during the journey. He states quite candidly that there were no witnesses to the killing. However, it is evident that other shepherds had already told Moorhouse about their recollections of the facts and furthermore, reported their beliefs. The shepherds' beliefs formed the basis of his further conclusions. It is revealing that Moorhouse has already made up his mind on this matter. He has accused Gregory of murder and expects him to be punished accordingly. The Aboriginal men he speaks with anticipate that the sentence will be similar for Gregory as occurs with the Kaurna - death. The nature of the incident is not detailed in Moorhouse's letter but his warning to the Nugunu man at Mt Bryant seems to hint at the probable cause of the incident leading to the killing. He recommends that the man inform his acquaintances not to have too intimate contact with Europeans or steal from them. The warning made and order of wording in the warning seems to confirm this suspicion. This circumstance is analogous to that event detailed in an earlier chapter. Again, a woman was shot by a hutkeeper. Again it occurs after the theft of some sheep. Again there was inferred prostitution involved with non-payment of debt. The final chapter in this episode only shows the standards of justice available at the time. Aborigines were hung for the murder of Europeans but Europeans faced little consequences after killing an Aboriginal person. Moorhouse relates this melancholy tale. This verdict was totally in contrast to Moorhouse's earlier expectation. Sadly, Moorhouse accepts that Gregory will not be punished for his crime. On 12 April 1843 he finishes his tale with a report to the Colonial Secretary. He writes: On the 26 th January a woman lost her life under peculiar circumstances. The sheep at Mr Hughes' station on the Hutt River, had been scattered during the night of the 26 th, the fence of the fold had been taken down and 80 sheep driven out. The shepherds and watchman concluded that the natives had been there as tracks of naked feet were visible. Two of Mr Hughes' servants, in company with a hutkeeper in the employ of the Messrs Jacob went in search of the natives, and met with a man and his wife about a mile from the station. The natives were asked to accompany the Europeans to the sheep station and had the promise of receiving bread and flour for so doing. They consented to go to the station. The man escorted by Mr Hughes' two servants and the woman by Messrs Jacob's hut keeper. The man escaped and was pursued by his two guards, the woman made an attempt to escape, struck Mr Jacob's' servant and seized his gun. The boy Gregory resisted several of her blows until, according to his statement, he was afraid of being overcome; he resolved then to defend himself to the utmost and as soon as his gun was liberated from her grasp, he shot her. On 23 Ult. Gregory was indicted and tried before the Supreme Court upon the charge of "manslaughter" but the jury returned a verdict of "not guilty" on the ground of their belief, that the prisoner acted in self defence. This did little to calm the ill feeling between the Kaurna people and the European settlers. The return of the verdict of "not guilty" through self defence was akin to declaring an open season on killing Aboriginal people. It was not long before the next recorded incident occurred. Again it was Hawker who reported the killing to the Governor. This time it was Hughes' shepherds who did the killing. Writing from Bungaree on 27 June 1843, Hawker detailed the circumstances of the killing. There is nothing explicit or implicit in the statements of Hawker that would lead one to conclude that he considered it just and proper that an Aboriginal was shot by a shepherd defending a flock. In looking at the letter, Hawker indicates no desire to arrest the shepherd or commit him for trial. Hawker reports that: I have the honour to forward to you for His Excellency's information the particulars of the death of a native who was shot at one of Mr Hughes' Out- Stations on Sunday night June 18 th whilst in the act of stealing sheep out of the fold. It appears to me from the depositions which I enclose that no blame attaches to the hutkeeper William Skelton for his duty is to defend the sheep during the night. Besides the natives have been fairly warned by Mr Moorhouse of the consequences of stealing sheep. I have not therefore committed him for trial. If the man should be wanted, the police will know where to find him. It is into this emotion charged environment that Adams entered into the employment of Ferguson in 1844 and subsequently met Kudnarto. Kudnarto was already at Ferguson's station before Adams arrived. However, she did not spend a long period of time with her promised spouse. From the age of about twelve until fourteen, Kudnarto remained married to her husband. Then an event occurred which allowed her to leave her spouse and commence living with Adams in his hut at Crystal Brook. The reason for Kudnarto leaving her spouse could only stem from two sources: either Kudnarto's husband had died and she was free to marry again or Kudnarto's husband sold her to Adams. It is only conjecture as to which reason is the answer. However, it is believed that the sale of Kudnarto to Adams by her spouse was possibly the explanation for her change of men. The reason that led to the sale of Kudnarto by her spouse, the relationship between Aboriginal spouses requires understanding. Meyer's description about harem life made it singularly unattractive. The life of a woman in a harem was not particularly pleasant for it was filled with menial work, low esteem and constant rivalry with the other women in winning attention and favour of the husband. In addition, if she was one of many in a harem, her spouse would not have had as many scruples in letting her go to another person than as if she were his only wife. Men with harems showed no reluctance in selling their wives off to other men. Meyer details the following situation that prevailed at the time in relation to the selling off wives by husbands to other men. If one from another tribe should arrive having anything which he devises to purchase, he perhaps makes a bargain to pay by letting him have one of his wives for a longer or shorter period. The Europeans are aware of this and therefore if any woman whose company they desire refuses to go with them, they commonly go to the husband with some bread or tobacco or articles of clothing, who then compels her to grant what the white man desires. Due to her willingness to leave her husband, it is not unreasonable to conclude that Kudnarto was possibly married to an old man with a substantial harem. Kudnarto was the youngest member of the harem and thus given all the worst tasks. Added to this, her relationship with the other women would not have been easy which led to living in a situation of tension and strife. Faced with the pressure of prostitution and little prospects of happiness it is hardly any wonder that a woman of fourteen would only be too happy to trade this life. This prostitution was generally the fate of most Kaurna girls who attended the school at the Native Location. Moorhouse found it difficult to come to terms with this fate for he refers to their prostitution with priggish prudery. He betrays a sadness at the waste of the lives of the girls. In 1860, he made the following observations about the lot of the girls from his school in testimony: 2494. And the girls went as lubras? - The went to the men, and they were generally found handy about the house. They frequently became bad, however. 2495. Couldn't they, by being properly placed, receive any benefit? - Perhaps, by being among European women. They generally become common, however; and consequently, would not breed. They became, in fact, prostitutes. This was one reason of the natives dying off so rapidly. One must assume that Kudnarto did not begin to live with Adams immediately. Also, the evidence suggests that there is a strong possibility that the relationship with Adams began as a contract for prostitution. Adams may have offered Kudnarto's spouse payment for Kudnarto's favours. The payment would possibly have been a dead sheep, the common currency of shepherds at the time. Their relationship would have been gradual in growth. The reason for this conclusion lies in the fact that at this time Adams would be gradually becoming conversant with Kaurna customs and language. Thus their relationship may have lasted for a few months when Adams would have courted her with sheep or any property exchange that her husband desired. After a time Adams possibly realised that he enjoyed her company. This would have been the developmental period of their relationship in which Kudnarto and Adams grew to be very fond of each other. As with all good romances, pragmatically, both Adams and Kudnarto could give the other something they desired. It was a mutually beneficial tryst. Kudnarto received relief from the misery of competition and abuse in a harem while Adams received companionship. As an onlooker, Kudnarto's spouse received considerable payment to allow this relationship to grow and develop into an affair of the heart. Everyone in the equation received benefit. If Meyer's observation about harem life fits in with the schema of Kudnarto's treatment by her Aboriginal husband, it is not surprising that Kudnarto was happy to leave him and eventually live with Adams. She personally preferred living with Adams rather than becoming or remaining the wife of an Aboriginal man who did not really care very much about her physical or mental well being. The idea of being the sole spouse of a man who proved himself capable of providing her: "... liberally with everything she required ..." proved to be extremely appealing to Kudnarto. Consequently, at some stage in their relationship, Kudnarto felt that she would do better with Adams rather than be part of a group of competing women as in an Aboriginal man's harem. This sentiment apparently found full approval from Kudnarto's family and her husband's family. This situation was not considered extraordinary. Girls who hated their husbands were not frightened to run away from them. Girls who married at twelve were still emotionally immature and sometimes found marriage to be an extremely oppressive institution. The penalty for a woman who deserted her husband was a beating if she was caught. Sometimes they parted by mutual consent. The following evidence given by Mr George Taplin of Point McLeay at the Legislative Council's Minutes of Evidence on the Aborigines on 26 September 1860 gives some insight into the relationships between men and women. 1414. If a native leaves her husband, is there any punishment? - They might waddy her. 1415. Kill Her? - No; give her a good punishment. 1416. Have you heard of cases where they are beaten to death? - No. 1417. Do they not think that the husband has unlimited power over them? - It would depend on her relatives; the husband must suffer for it, if he kills her, if she had powerful relatives. 1418. Does polygamy exist amongst them? - Yes. 1419. To any extent? - Yes. 1420. Do you think it justifiable? - Decidedly not. 1421. Do you teach them to work? - Yes. 1422. Have you women at your station who have left their husbands? - There was one girl there, but she is not there now. She had left her husband because he got another wife, and she was neglected. 1423. She was very young? - Very young. They got the children away when they were ten years old or less. 1424. Is there not another woman belonging to your establishment who has left her husband? - There was at the time. She left her husband with his consent, as he had two other lubras. It was a commercial transaction between the Murray tribes and the Point Malcolm tribe. They gave the woman to the Murray tribe, but she would not live with them, and was taken by force from the Point Malcolm blacks. 1425. Supposing that she has a half-caste child, and falls in with her husband, is there any probability of his waddying her for leaving him? - She has gone back to him. 1426. Was she one of those on whom you considered that you had made some impression? - Well, I thought so; but the poor girl was in a distressing position on account of her husband getting another wife. She was like an outcast in the tribe, for she could not reconcile herself to the idea of his having another wife. 1427. How long did she remain at the establishment? - Some time. 1428. Had she made any progress in reading? - She was the best reader of the lot. She can read words of two syllables. 1429. On the whole, she was one of those to whom you considered that you had imparted the greatest amount of instruction, and had made the most serious religious impression? - Yes; she was a very intelligent girl, indeed. 1430. Yet she has left you? - Yes; because her position there was considered disgraceful by the other natives. In another recounted incident about women leaving their men, Mr George Mason, a Sub-Protector of Aborigines who lived in Goolwa, detailed a situation where a young wife deserted her husband. He tells this story: "We have one (girl) living with us, thirteen years of age, now. My wife taught her to read and write, and made her a useful servant. She took a black husband and went to Mr Taplin. She left him again and come (sic) to my place. Before she left me she had left her husband." In view of the sexual practices single shepherds participated in at the time, one can only surmise that Adams possibly bought Kudnarto from her husband after they had established a strong relationship. Any cohabitation would need to be preceded by proper payment. The act of taking a woman without compensation was considered to be a crime punishable by spearing. European shepherds were not exempt from this punishment. The stealing and defiling of women was considered to be a heinous crime. To illustrate the consequences of obtaining sexual relations with an Aboriginal man's wife without consent of either the husband or the wife, the story of the shepherd Armstrong on Yorke Peninsular is most instructive. Armstrong had instructed his assistant to report to him if he saw a woman in the bush. This particular man was feeling great need for a woman at that moment. Moorhouse takes up the story and details the following actions: "On the morning of the 11 th July, the boy saw a native, named Tyulta, with his wife, a little from the station, and told Armstrong where they were. Armstrong immediately went to them, seized the woman for sensual purposes, and after accomplishing all that he desired, liberated the woman to return to her husband. The passions of the husband were naturally aroused, and whilst under their influence, avenged the insult upon Armstrong by spearing him." Since there is no evidence of irate relatives demanding satisfaction for Adams defiling one of their women, it is safe to conclude that the Kudnarto's husband and all the concerned relatives expressed satisfaction with the transaction. This situation was exemplified by any lack of opposition by these people to the marriage to Kudnarto. Thus, one can conclude that Adams fulfilled all the proper rituals and activities according to Kaurna law and as a consequence was able to cohabitate with Kudnarto in peace. The loneliness of the single shepherd in an isolated part of the state brought the problem of them needing company. European women were scarce in this part of the country. They were reluctant to live in such primitive conditions with little infrastructure to assist them. Furthermore, the shepherds never received high regard from the eligible women as being the best people to marry. Since their pay was low and their conditions Spartan, shepherds came from the flotsam of society and thus presented themselves as ill educated, rude in manner and coarse in behaviour to the white women. To make up for this lack of European women, the shepherds looked towards other men, Aboriginal women and their sheep for company. The predominant number of shepherds, being heterosexual, preferred Aboriginal women since they were the only available women. Any partnership between men and women required the elements of both companionship and sexual relations. In return for their available sexual favours, the shepherds provided food and other things the Aborigines desired. Gifts were required to be given to both the women and their husbands. In explaining the activity of the shepherds in their relationship with the Aboriginal people, on 11 July 1843, Moorhouse recounts the following information: The treatment of the native population by Mr Hughes' servants has been such as too frequently obtain, at many of the outer stations. The shepherds and hut keepers have been in the habit of giving them dead sheep or lambs, and in return have asked for native women. The natives have been drawn to the station by the supply of food, and they have become dangerous in the ratio of their numbers. So long as Mr Hughes' servants continue to supply the natives with food for the use of their women I am satisfied that there will always be a number in the neighbourhood of the stations and sheep and lambs will, from time to time, be taken away. This widespread practice of prostitution among the Aboriginal women highlighted one method used by Aborigines to supplement their food rations. After all, if starvation is one of the best aphrodisiacs, then by the hunger of their children and themselves, the Aboriginal women were kept in a perpetual state of wanton lust. Mr George Mason, under cross examination by The Legislative Council Select Committee undertaking their study on the Aborigines, stated that the wives of Aborigines visited the shepherds' huts specifically for the sake of supplementing their food supplies. In the circumstances of Kudnarto's personal story, it must be remembered that Adams was a man of his times and culture. Without judging him, he was a shepherd and thus the sentiments and practices of the shepherds no doubt applied to him as well as many others. Thus there is every possibility that he behaved in the same manner as his contemporaries. Shepherds were the people who had most contact with the Aboriginal people of the Kaurna tribe. Their contact was both social, cultural and sexual. His relationship with Kudnarto would have reflected the mores of the particular era. Once Kudnarto and Adams began living together, they seemed to get along very well. Despite the combination between Kudnarto, an enterprising and risk taking woman and Adams, an ignorant man too accustomed to poverty. This match seemed highly unlikely to give any possibility of long term success. Both people came from totally different worlds drawn together by the common thread of being outcasts in white society. While the nature of their relationship can be seen, it is hard to know the relationship Adams maintained with Kudnarto's relatives. In view of their kind support of him for his white marriage ceremony, it appears that he was on good terms. After all, he did not report any fear of attack or any other negative consequence of his contact with the Kaurna people. There is evidence to suggest that he might have identified very strongly with the Aboriginal people. To communicate with his new relatives, he would have had to have learned the basics of the Kaurna language. The fact that he was able to establish such a strong relationship with Kudnarto indicates that he must have been reasonably competent in speaking the Kaurna language or a mutually intelligible Creole. It is known that later Kudnarto went to the native School in Adelaide to learn English language which she is noted to have picked up very well. However, it is believed that the first language that the couple communicated in would have been Kaurna or a Kaurna-English Creole. Thomas Adams The problems of tracing the lives of people who were never rich and famous or well-educated lies in the lack of records which relate to them. This stems from the illiteracy of the people themselves. The poverty of people ensures that their voice is lost in the sea of paper produced by the literate and as was generally true, the wealthy classes. Cash and literacy are usually good guarantees to the preservation of a person's memory. Apart from being preserved on paper, the wealthy people also left their memorials upon various buildings and tombstones. The life of the illiterate and poor disappear rapidly after their deaths. Thomas Adams is no exception to this sad situation. Because of his socio- economic roots, his origins are obscure. There are only few records that deal with Adams in an official capacity. These have been preserved. Fleshing out the records requires educated guesses based upon the reasons for the creation of the records. Furthermore, if there are letters, the historian is able to examine them for their context, their content and underlying assumptions. In so doing, a picture emerges which at best gives only a glimpse at the life of Adams. In the life of Adams only a few letters survive. All the known letters written by Adams are reproduced in Appendix 2. There are only a few facts upon which the origins of Adams emerge from the mists of time. The date of his birth is uncertain. However, an examination of baptismal records held by the parish of St Margaret's in the city of Leicester, the leading city within the County of Leicestershire in England, reveals that the Adams family was in great number. On 10 May 1811, the parish records disclose that Thomas Adams was baptised. Since St Margaret's was what was described as an ancient parish, it was a centre for both ecclesiastical and civil administrations. Originally the ancient parish was one that existed for the purely ecclesiastical purposes. From this church, the clergy were able to minister to the needs of the souls which included looking after births, marriages and deaths of those residing within its territory. As time went on, secular functions began to attach themselves to the parish changing its essential duty. At first, St Margaret's was given the responsibility to distribute relief under the Poor Laws. These were initially established by Queen Elizabeth in 1597. It then was given responsibility for rural sanitation and gradually many other functions until it became a busy regional administrative centre. One major political function of St Margaret's was its central role as part of a Parliamentary Borough from 1295 to 1832. After the reforms of 1832, Parliament removed this role. These activities, coupled with the normal ministering to the souls was the imposing and pervasive parish in which Adams was born. His father, Edward Adams settled in Leicester some time before 1808. The origin of the Adams family lies within the little village of Humberstone, some three kilometres from Leicester. Today, Humberstone is just another drab suburb encircled by the dull housing estates which constitute the greater metropolitan area of Leicester. Prior to this, in the eighteenth century, Humberstone was another of those pretty country villages that dotted the English landscape. Surrounding it were the various commons and enclosed pastures. The grandfather of Thomas Adams was also Thomas Adams. It was a common family name as will be seen. It can become confusing but with persistence the story unravels. The Humberstone patriarch Thomas Adams was baptised sometime in 1753. It was in this town he was raised, married, had children, worked and died. His occupation was that of a farm labourer and shepherd. He was illiterate as was his wife and later, the children of the marriage. When he was 25 years of age, he married his 21 year old cousin, Mary Brotherhood. She was the bastard daughter of her mother Mary born sometime in 1757. Her father was Thomas Adams, the uncle of Thomas Adams. The marriage was of great necessity to prevent the birth of another generation of bastard children for Mary was well and truly pregnant. Thomas kept his obligation on 8 November 1778 when he married her. The first child from the union died at childbirth. However, their next child did survive. With great enthusiasm, they baptised Elizabeth on the 26 March 1780. In true style, she was followed by another child, a boy, whom they named in honour of the family name, Thomas who was baptised on 18 March 1784. After the birth of Thomas, a couple more children were born but were never baptised. This indicates that they died either before or at birth. Then on 14 February 1789, Mary gave birth to Edward Adams, the father of Thomas Adams. As if to make up for lost children, Mary Adams gave birth to the twins, Ann and James, who were baptised on 26 November 1791. They were followed by Sarah, 6 July 1794 and finally, Hannah, 12 March 1797. The Adams clan was widespread and large giving a great network of extended family. On the other family side, that of Adams' mother, they were confirmed town dwellers. His mother, Ann Mason, was baptised on 9 March 1785. She was the daughter of Charles and Mary Mason of Leicester. The Mason's lived in the central part of Leicester. They were known as lodgers. They paid no rates and thus they rented their premises. Her father appears to have been an ostler or carter or someone of a similar trade. He travelled around Leicester and the surrounding towns picking up and delivering goods. Her parents were educated. Indications are that the Masons were family unusual in their beliefs. Being of a common and lowly family in the strict hierarchy of British society, Ann Mason's father had the strangest notion. He believed that all his children should be educated. Thus Charles Mason set about ensuring that his children gained whatever education he could afford to give them. Anne was fully literate. This was rare since girls from such families generally were not considered worthy of educating. It was felt that girls were never going to use their education due to the childbearing future ahead of them. During his travels to Humberstone, Mason took his daughter along with him. During the many wintry visits to Humberstone in January 1808, Ann who was 23 met Edward Adams, a strong shepherd of 19 years old. Their tryst developed into something far more serious and on about mid February their winter rendezvous bore fruit. Ann fell pregnant. They tried to disguise the fact for as long as possible. However, pregnancy was usually a secret that became difficult to keep. When she began to show, there were some hurried negotiations to ensure that everything honourable would occur and maintain a family tradition. Finally, in autumn, Edward made an honest woman of Ann. He married Ann on 6 September 1808 at the church of Saint Margaret. This marriage certificate gave a window into the lives of these humble folk. Ann was literate and consequently she signed her name upon the Parish Marriage Register. Next to Ann's signature was that mark of her husband, Edward. Being an illiterate person, Edward signed with an "x". This was not a very usual situation. After the marriage, Ann gave birth to their only daughter whom they baptised on 6 November 1808 with the name Mary. Following this, Mary gave birth to her last surviving child, Thomas. Thus the family was complete. Edward and Ann lived in the parish of St Margaret for the rest of their lives. During their life, the parish changed rapidly and was unrecognisable at the time of their deaths. The Parish of Saint Margaret's at the time of Edward and Ann Adams was a mixture of urban and rural lands. The church was a wonderful example of Early English nave with extensive additions of beautiful perpendicular work. Adjacent to the church was Saint Margaret's Pasture, a lush green expanse of open land. It was a common pasture land for the animals belonging to the inhabitants of St Margaret's Parish. This area was the common land belonging to all the resident's of the parish. It remained so until 1877 when it was purchased by the Leicester Corporation in 1877 for £380 in compensation for the extinguishing of the parishioners common rights. It was one of the last areas of Britain not yet enclosed. The pasture was converted into Abby Park that was opened by the Prince of Wales in 1882. At the turn of the nineteenth century, the city was slowly being transformed. It was in this environment that Adams was born and raised. The occupation of Edward Adams was as a farm labourer and after hours, hosiery maker. Both occupations were the chief fields of employment for unskilled labourers. Hosiery making was a common additional form of employment for most families. The area was renowned for its quality of work on various styles of hose. It was an activity for all the family. They usually had a frame that was hired from a hosier who would then have the yarn delivered to the householder. It was traditional for the family to assist in spinning the yarn and then seaming the finished stockings. When the goods were finished, the hosier would collect the hose and store it in his warehouse in preparation for selling the hose throughout England and overseas. By 1825, this activity had almost ceased and the hosiers collected all the frames together into one workshop. The consequence of this innovation was to reduce the contact within the family unit and remove the father from the family for large amounts of time. Prior to the construction of factories and mills, life was a rude and bound by a continuous cycle of poverty and destitution. This existence was epitomised by Hobbes within his seminal work Leviathan. Within his work, Hobbes described human life, and specially that found in England, as "... solitary, poore, nasty, brutish, and short." a situation that appeared to prevail extensively among the rural and urban poor and milieu to which the Adams family belonged. The genial social commentator Reverend David Davies describes the conditions in which such people found themselves living and working. In his incisive work The Case of Labourers in Husbandry - stated and considered he looks at the lot of the common man. Being an inquisitive priest, he was curious to discover why there were so many poor people within his parish. Although living and writing specifically about his parish of Barkham in Berkshire, the observations he makes are generally applicable throughout the various northern and western counties within England during this period. He makes the following commentary about the poor families he met with on his parish rounds: In visiting the labouring families of my parish, as my duty led me, I could not but observe with concern their mean and distressed condition. I found them in general but indifferently fed; badly clothed; some children without shoes and stocking; very few put to school; and most families in debt to little storekeepers. In short, there was scarcely any appearance of comfort about their dwellings, except that the children looked tolerably healthy. Yet I could not impute the wretchedness I saw either to sloth or wastefulness. For I knew that the farmers were careful that the men should not want employment: and had they been given to drinking, I am sure I should have heard of it. In addition to describing their conditions, the Reverend Davies also details the weekly expenses faced by a family consisting of a man and wife with five children whose eldest child is under the age of eight years. The time at which the Reverend Davies conducted the study was during Easter 1787. The wages paid were appalling, even for those times. The poverty and destitution caused by such poor wages explains the dire conditions in which these people found themselves. To make a meaningful comparison of the wages received and expenses incurred by the agricultural labourer, it is necessary to compare the items considered to be vital necessities in 1787 with prices that prevail in Adelaide during 1995. This comparison highlights the desperate situation these folk found themselves in by giving a full illustration of the cost pressures facing the family in contemporary terms. Wages in this example have been calculated as a proportion of expenses rather than related to any wages paid in Adelaide during the 1995 year. However, it is instructive to realise that the average wage paid to an agricultural labourer in 1995 is about $420 per week. It is evident that the earning capacity of the agricultural labourer in 1787 was only 10% of that paid in 1995. Currently, in England the average wage for the agricultural labourer is £95. In 1840, the wage rates in England had not moved appreciably for the agricultural labourer and in fact were almost the same in value while in Australia the average wage for the agricultural labourer was 7s. per day, or 2 guineas for 6 days work. ITEM s. d. AUD Flour: 71/2 gallons @ 10d. per gallon; or, 28.5 kg @ $0.72 per kg 6 3 20.52 Yeast, 21/2d.; or $2.40 21/2 2.40 Salt 11/2 1.25 Bacon; 1lb; or 0.453 kg 8 1.80 and vegetables 11.20 Tea, 1 ounce, 2d. 2 0.65 3/4 lb. sugar 6d. 6 .80 1/2 lb. butter 1 0 .85 Soap 1/4 lb. @ 9d. per lb. 21/4 .80 Candles 3 1.60 Thread, thrum, and worsted, for mending clothes 3 2.00 TOTAL 8 111/4 43.87 Weekly earnings of the Man and his Wife 7 0 34.36 Task work 1 0 4.91 Wife's common work 6 2.46 TOTAL 8 6 41.73 Net deficiency of wages 51/4 2.14 Table 5. Agricultural Labourer's Wages and Expenses 1787 (Compiled by Rev. Davies, D., (1795), The Case of Labourers in Husbandry stated and considered, London, p. 8.) It is easy to gather from this situation the destitution and poverty faced by the agricultural labourers in England. The lot of the Adams family would be no different to that detailed in this chart of misery. The family was large. The occupations of the various members was usually agricultural. In Adams' case, he came from a family of shepherds. Wages were dreadful for the average labourer and was becoming worse. Copnditions were poor for the struggling workers. The new factories in Leicester compounded this misery. Looking at his lot in life, it is small wonder that Thomas Adams looked towards other lands for earning his living. Adams' Literacy As to Adams, he was a child of this poverty. However, as with all those born into the ignorant degradation of poverty, the Adams family was closely tied to their church. In keeping with family traditions, Adams was baptised in the Church of England, a religion which he maintained all his life, all be it, in name only. All the existing records indicate that he maintained his contact with the Anglican church all his life. Erratic as his beliefs and attendance at church may have been, he was never a prosthelyte to any other faith. Because of Adams' peculiar situation in South Australia, he frequently came into contact with the Venerable Archdeacon Hale. These meetings occurred on a regular basis while Hale was located in Adelaide after December 1847. Hale's tasks involved him in travelling north to Clare on a regular basis. This brought him continuously in contact with Adams. However, while Hale records a great deal of detail about Adams, he never accuses Adams of ever attending church, even upon a desultory basis. Possibly Adams followed the characteristic behaviour of the people at the time. They only attended church to witness services for christenings, marriage and death. It was to the church that Adams owed his skill for writing. In addition, it was the church that provided cash to Adams for him to display his writing skills. This occurred later when he was in Australia. It was the mystery of his writing skills that caused a minor sensation in South Australia during 1848. Adams' skills as a writer were rudimentary. Since his mother was literate, it is not unreasonable to presume that he learned the skill from her. Furthermore, it is reasonable to presume that his father also learned literacy from this source. However, it is unknown when he learned to write. His letters to various government authorities are replete with grammatical and spelling errors. His style is very much reflecting his speech. Consequently, his writing displays a lack of discipline in directing thoughts into discrete writing units. His writing incorporates many different themes in any one sentence. Despite the poor writing style, Adams' hand is steady and mature indicating someone who is familiar with writing but not with presentation. That he had rudimentary education is evident. His very crude handwriting and spelling indicates the most basic of education in reading and writing. Apart from his religion and level of schooling, there are no other details about his life in England. It can only be guessed that his status in life indicates that he came from a poor family in England. In gaining an insight into the personality of Adams, there are some deductive sciences available to give assistance. In this case, the science of graphology can give the reader a basic insight into the personality of Adams. At this point a disclaimer must be given. There is a great deal of ferment about the veracity of graphology as a meaningful addition to research. While the conclusions of the graphologists are based upon many thousands of observations compiled and collected over many years, it is still not considered to be precise. However, it is due to Freud that the science gain prominence. With these comments, graphology seems to produce useful results in understanding the nature of people with whom a person wishes to study. So with the assistance of the works of Stephen Kurdsen, the following conclusions are arrived at through graphological analysis of Adams' handwriting. Adams writing shows that he was rather reserved and introverted. He displays an ambivalence manifesting itself in silent reserve and then alternating with a tendency to be talkative. He could be gregarious and generous but this contrasts with his strong desire to remain alone in the solitude of his company. Consequently he can be a hermit and also crave company, depending upon his mood. Though he displays a very masculine make-up and was a sentimentalist by nature, he nevertheless suffered from a very noticeable inferiority complex. As well as possessing a strong sense of objectivity Adams also displayed a very philosophical outlook upon life. He had deep feelings stemming from firmly rooted convictions. However, he was extremely cautious. He approached goals with ambition and a pushing spirit, normally more bent upon activity than upon contemplation. Emotions, and a fighting spirit, rather than reasoning, guided him in the formation of important decisions. This manifested itself in a love for adventure and travel. Unfortunately, with every enthusiastic start of an adventure, in a short time his zeal declined, he lost interest and gave up before the task was completed. His mental stamina is such that he could not be relied upon to forge steadily towards his goal. Adams was rather impractical in his abilities. Furthermore, he displayed a frugal and modest attitude but suffered from a certain lack of sense of economy and indulged in unwise thrift. Characteristically, he seemed absolutely normal until an emergency, a crisis other unexpected occurrence. Such an event revealed him as quite irresponsible. Adams was quite able to manage the daily routine, but in an emergency he undoubtedly lost his head. His writing shows him as hot- headed and quick-tempered tending to become querulous in response to issues that upset him. Adams appears to display a domineering spirit and which can result in brutal opposition and suppression of ideas that he did not like. Finally, Adams' handwriting displayed a strong streak of dishonesty. He was well practised in unspontaneous and calculated 'kindnesses'. This can be tied to a scheming character coupled with being narrow minded. He writing indicates that he was definitely not be a man to be trusted. Indeed, if he was alive today, people would be cautioned to avoid him in all matters relating to business. Thus his handwriting displays the characteristics of a person who wants to achieve much but lacks the skills to do so and thus has to resort to subterfuge to achieve his goals. This situation reveals itself upon many occasions as will become apparent throughout this work. Not everyone thought that Adams was literate. Hale thought that Adams was illiterate and any claims to literacy occurred through the intervention of Kudnarto. Hale's notion of Adams' literary ability was detailed in his monograph, The Aborigines of Australia: Being an Account of the Institution for their Education at Poonindie in South Australia, where he recounts the following memory: He (Thomas Adams) was a shepherd in the employ of one of my great friends, at whose house I have very often stayed the night when on my journeys to and fro between Adelaide and the Clare District, where I was at one time stationed. This shepherd, Adams, had taken to a wife a native woman, who had been brought up at some settler's station and was partially educated. Adams could not read, and the black wife taught the white husband to read. Two or three times I quoted this case when pleading the cause of the natives at public meetings in South Australia. It was in the year 1848 that I was frequently up and down that road, staying at the station referred to - Mr Slater's. This is a quaint story that reflects the religious zeal in which Hale was renowned when carrying out his duties. He also wishes to elevate the Aboriginal people into a position that was never occupied. Consequently, his story is tainted by his desire to preach the didactic lesson that emerged from this anecdote rather than a strict search for the truth. The desire of Hale to see Kudnarto as the vessel of enlightenment for the noble and ignorant shepherd Adams is pregnant with his Biblical desire rather than based in reality. He is drawing upon the great role such women played in the Bible in bringing God's enlightenment to man, especially a shepherd. The story of Michal, the erudite and cosmopolitan daughter of King Saul tamed the ignorant shepherd David until he was a fine courtier and general. The story of Abigail and David again illustrates the role of the wise woman. Finally, the seed of David provides the best illustration whereby the virgin Mary became the vessel for God's very son as his present to the earth. It was the woman of great religious conviction who tamed the Nazarene carpenter, Joseph, into accepting his role within the cosmology of the Judaic message. The messianic thread of his message is very clear. The question that requires answer is the veracity of the story related by Hale during his contact with Slater's shepherd. William Slater lived at the Wakefield River area at a place known as Kercoonda as he was a sheep farmer. He is a man upon whose future Adams depended. Examination of the internal and external evidence of the story reveals its inherent weaknesses. It is difficult to know from Hale's detail contained in his work as to when Kudnarto was meant to have taught Adams literacy. Hales claims that: "the black wife taught the white husband to read." The terms used in this sentence indicates that Kudnarto taught Adams to read after their marriage. Prior to the marriage, according to Hale, Kudnarto was literate while Adams was illiterate. It is necessary to verify this claim with external sources. On the most public exposure of Kudnarto's ability to write, she failed to live up to the remarkable claim of Hale. In fact, her talent is mute and undisclosed. This situation occurred at the signing of her marriage certificate, an event of great significance in verifying this claim. During this ceremony, Kudnarto singularly failed this test. During the signing of the marriage certificate, Kudnarto put her mark upon the page with an "x" while Adams signed his name in his usual written form. It is proper to ask whether this was indicative as to whether Kudnarto was literate. During the wedding, there were at least three people in attendance who could verify the literacy of Kudnarto. The first person was Matthew Moorhouse, who as the legal guardian of Kudnarto, gave her away at the wedding. Since he had known Kudnarto for many years, he had intimate knowledge of her ability. He had first met her when she first attended the school at the Native Location. Moorhouse kept a close eye upon the children who passed through the school. Kudnarto was no exception. In 1860 Moorhouse confirmed this when he stated: 2492. Have you ever been able to trace the history of any of those children? - Yes; any child who had made any proficiency. Of those who could write and read well, I know nearly the history of all. If Kudnarto was proficient in reading and writing, then there is very strong evidence that Moorhouse did have good knowledge about Kudnarto's ability. The final proof of this was the fact that she had spent two months in Adelaide under the watchful care of Mrs Ellen Ross, the Matron of the Native School where she was taught to live like a European. If Kudnarto retained her learning of literacy, it would have been in Moorhouse's interest to parade this success before the people of Adelaide, thus vindicating his efforts. In a candid conversation between Moorhouse and Schürmann, the missionary who ran the Aboriginal school, Moorhouse expressed some despair about the interaction between the Kaurna people and the Europeans: The Protector expressed despair at ever being able to educate the natives. He has abandoned any hope of making useful people of the older natives ... so I asked for what reason would a Protector be necessary. He said to protect them from insult. When I said that the police could do that just as well, he said that they are hostile to the natives. In the course of our conversation we agreed that I would try to teach all the infants, on condition that food be available for them. This statement, intensely revealing of the problems confronting Moorhouse, demonstrates that he was desperate to have some concrete manifestation of the effort he expended upon the Aboriginal people. It was evident from the comments that relations with the authorities were not very smooth. Thus, Moorhouse would only be too happy to seize upon the ability of Kudnarto as a literate person. No such thing happened. At the wedding, Moorhouse is mute on this point as are all other contemporary sources. The second person was Moorhouse's spouse, Mary Ruth who had intimate knowledge of Kudnarto. Mary Moorhouse played a significant voluntary role in support of her husband in relation to the Aboriginal children with whom she came into contact. Although she knew Kudnarto's ability, Mary Moorhouse does not prompt Kudnarto to sign the record. Another person who was in constant contact with Kudnarto for two months was Ellen Ross. She taught her housekeeping. Ellen Ross would also have been a guest at the wedding. Yet at no time did she prompt Kudnarto to sign her name. Then, of course, there is Adams himself. If Kudnarto were literate, then she had four people at the wedding who knew this and would have requested her to sign her name. All four were familiar with her writing ability. It is strange that on the occasion of her marriage that she did not sign her name. Moorhouse was a strong ally of Kudnarto as well as an active promoter of European civilisation to the benighted Aboriginal races. Thus it would have been in his interests to promote her as a success story. And yet the record is mute. Another piece of external evidence which reduces reliance upon the report of Hale comes from the first piece of official correspondence sent by Adams that has survived. The letter Adams wrote was dispatched on 6 February 1848, some ten days after the marriage. This letter is signed by Adams and makes a plea for land. It was not the letter from one who recently learned writing. In this case, he could not have learned the art of writing within ten days. Thus it is reasonable to conclude that as his spouse, Kudnarto did not have the time to teach Adams how to write. Looking at this situation through the eyes of Hale, his visitations occurred after Adams was married to Kudnarto and after the first letter was written. This would indicate that Hale had very little knowledge of Adams prior to the marriage. Hale arrived in South Australia in December 1847. At the date of Hale's arrival to South Australia, Adams and Kudnarto already were living together and had done so for nearly two years. It is unknown whether Hale is referring to the de facto marriage as a marital period as well or whether he is only referring to when the marriage was de jure. A great deal of contemporary pride rests upon this anecdotal snippet. After all, if an Aboriginal woman taught a white male the elements of literacy, it would confirm the extraordinary life of Kudnarto and place her into the hagiography of Aboriginal historical apologists. It is believed, however, that placing faith in an anecdote of a man close to death, at the age of 78, recalling events of 40 years previous tells more about the desires of today than reality of yesterday. As will later become clear, Adams is capable of lying when he perceives some material advantage. In this case, it was to the benefit of Adams to portray this situation in order to gain greater benefits for his family. It also did not hurt the family's standing for they became, in Hale's eyes, a cause célèbre. After all, Hale dined upon this story on at least three occasions to which he confesses when he states: "Two or three times I quoted this case". However, there is every chance that the ever resourceful story teller Adams would have touched Hale's purse for a contribution towards his continued education process from Kudnarto. There is also little doubt that the only institution where such education funds were expended was the Derby Arms rather than St Mark's Episcopalian Church. One final note. This discussion only deals with the literacy of Adams. While there is little evidence that Kudnarto was literate, it can be inferred that she did indeed pick up the fundamentals of reading and writing. This would have occurred during her stay at the school at the Native Location. Whether she retained this information after leaving the school is a matter of doubt. She would have been able to identify letters and possibly write rudimentary words. However, to suggest that Kudnarto was literate and capable of teaching her husband is absurd. During his life, Adams may have been a great many things. However, he was not illiterate. He certainly had very poor literary skills and possibly wrote very little. This does not condemn him, it only explains his circumstance. The story of literacy did strike a cord in the heart of Hale who went on to use this information to sell his Poonindie concept to the greater community. Everyone benefited from this subterfuge. The Early Years of Adams Somewhere in his youth, he might have become an apprentice carpenter and thereafter a journeyman but it is not clear as to why he never pursued that trade in South Australia. On his Marriage Certificate, Adams describes his occupation as that of carpenter. It is unknown as to whether he actually undertook any work as a carpenter. One suspects that he never completed his apprenticeship in carpentry which would allow him to practice his trade. The name of Adams does not appear on the Register of Apprentices. However, there seems to be a fall off of the number of apprentices in Leicester. This decline in apprenticeships was a cause of concern and note by the local authorities. In the period from 1720 to 1835, it was recorded that there was little variation in the number of registered apprentices in each decade. Compared to this, the population increased dramatically indicating that the value placed upon apprenticeships declined. Contemporaneously, the reduction in the overall numbers of apprentices was linked to failure of artisans and traders to make possession of the Borough freedom which was compulsory. This reduced the power of the city corporation to control the town's economic affairs. There is also a suspicion that the profession stated upon the marriage certificate may have been only been a statement to cover a lack of trade. The reason is to give some semblance of pride or false status when undertaking the wedding ceremony. The false information given to the Deputy Registrar by Adams was not unique. He misled the Deputy Registrar about his age by claiming it to be 35 years whereas it was in reality 37. Furthermore, he lied about his marital status and so it cannot be of any surprise that he too would give false information about his profession. During his life, misleading people about himself presented no real problems to Adams. One item of his life, his date of birth seems to have been an inconvenience. Over time he persistently gave varying dates to various authorities. There are on record six public statements of his age at different times while living in South Australia. The following table illustrates the problem with giving credibility to Adams' testimony. The table states the public source where he was asked to quote his age. This age is then subtracted from the date when the record was made to arrive at an estimated date of birth. Out of the six known entries in South Australia, three are accurate while three entries are off the mark. The best that can be said is that he believes he was born sometime between 1809 and 1814. Adams would not have been directly affected by his lack of accuracy, it is only to the surviving family that this causes trouble. The comparisons of dates of birth are shown in Table 6. Sloth and lack of initiative characterised Adams. He seemed not to be able to come to terms with working for himself. This latter characteristic will be amply demonstrated later on. He seemed to need someone to direct his activities. His employment as shepherd and the later reluctance to perform anything but the most menial of tasks seems to indicate that his skill at his chosen profession as carpenter was not highly regarded by potential employers or clients. Thus the only work available for him would have been that of shepherd which was not excessively demanding nor did it require a great level of skill. DATE SOURCE REFERENCE AGE DOB 27 JANUARY 1848 Marriage Certificate Cert. No. 333 35 1813 28 JANUARY 1848 SA Register 21/1/48 p.4d. 37 1811 8 NOVEMBER 1864 Royal Adelaide Hospital Adm. No. 809 50 1814 15 MAY 1881 Destitute Asylum Adm. No. 173 70 1811 16 DECEMBER 1881 Royal Adelaide Hospital Adm. No. 1989 72 1809 28 DECEMBER 1881 Destitute Asylum Adm. No. 418 70 1811 Table 6. Official Records of Thomas Adams Date of Birth Moving to Australia would have proved a wonderful boon to escape the grinding poverty of England. Possibly it was this move to Australia that caused him to give up being a carpenter. At this time, fares from England to all parts of Australia were very attractive since they were subsidised by land sales. In colonies other than South Australia, this was done to attract non convict labour. Prior to coming to South Australia, Adams was attracted to Van Dieman's Land. He travelled to Van Dieman's land on the 366 ton barque Ann. It departed from London and arrived Hobart town on 30 September 1833. The passage to Australia would have been very uncomfortable. The voyage by sailing ship for a poor migrant was hard. The sleeping accommodation consisted of rows of bunks with no privacy and little ventilation. Rations were poor and cooking generally bad. Going steerage in a migrant ship was an experience very few people want to endure any more than once in a life time. However, arrive there he did. He listed his trade as shepherd and sought out work. South Australia held a magnetic lure to all. As advocated by Wakefield, the prime philosopher of South Australian systematic colonisation, south Australia was the place where a scientific experiment in the creation of the perfect society was being constructed. The idea of Wakefield was to use land to set the equilibrium between capital and labour. Wakefield states: Where do we find the just medium? The answer appears to me to plain and satisfactory. As a wise man wants just as much as will keep him in the best health, but no more: so a wise government would grant just enough land to enable the people to exert their utmost capacity for doubling themselves, but no more. It is needless to enlarge upon this mere truism. But the wisest government must have to invent some rule, by which to measure out the due increase of land according to the increase of people; for it is not enough to say that the land ought to be doubled in quantity, as often as the people should double in number. As the people would increase gradually, so must the quantity of land be augmented by degrees. How, then might the gradual increase of land be so regulated as to be neither inadequate nor excessive? By, it appears to me, requiring a payment in money for the title to waste land, that is, by selling grants of land, instead of bestowing them gratis, - instead of persuading people to accept of them.... Still, how is the proper price to be ascertained? I frankly confess that I do not know. I believe that it could be determined only by experience; but this I do know - that if nine farthings per acre should check the natural increase of people, by causing a scarcity of well-paid employment, it would be too much; and that, if ninety pounds per acre should not promote the greatest increase of wealth and civilisation, by maintaining a constant supply of the demand for well-paid labour, it would be too little. At the same time as South Australia was becoming very successful in attracting the attention of both British and German colonists, it also attracted the attention of social commentators. One of the most influential commentators, Karl Marx took a different approach to this notion of systematic colonisation. Far from being a new style of society, Marx believed that it was a more efficient way of bringing the proletariat under the strict control of the capitalists. In his description of the new society, he unflatteringly compares it to the pea and thimble trick. it looks alluringly like the eldorado but the reality was a new method of enslavement and exploitation. He summarised his analysis of Wakefield's scheme in his seminal work, Capital when he wrote: "How then, to heal the anti-capitalist cancer of the colonies? If men were willing, at a blow, to turn all the soil from public into private property, they would destroy certainly the root of the evil, but also - the colonies. The trick is how to kill two birds with one stone. Let the Government put upon the virgin soil an artificial price, independent of the law of supply and demand, a price that compels the immigrant to work a long time for wages before he can earn enough money to buy land, and turn himself into an independent peasant. The fund resulting from the sale of land at a price relatively prohibitory for the wage- workers, this fund of money extorted from the wages of labour by violation of the sacred law of supply and demand, the Government is to employ, on the other hand, in proportion as it grows, to import have-nothings from Europe into the colonies, and thus keep the wage-labour market full for the capitalists." So even Marx, the great commentator forgot that the people most exploited were not the European proletariat but the Aboriginal people. Even the great Marx could not conceive that the Aboriginal people could suffer in ways that were unimaginable to him. Perhaps Marx didn't even know that there were even any Aboriginal people living in Australia because of the fiction of terra nulls. However, as with his contemporaries, Adams, being a 'European have-nothing', would have been only too willing to swap the sordid squalor of his poverty in England for the vast new opportunities that presented themselves in Australia. The virtues of life in South Australia were well sold in England. The census of 1844 shows an expanding colony with a vigorous growth in white population as it reached in excess of 17,000 people. This population level was reached within the first eight years of colonisation. Adams left Van Dieman's Landarrived in South Australia on Thursday, 1 August 1844 at Port Adelaide. He was one of many landless labourers drifting around Australia seeking work. Since Van Dieman's Land was in recession and presented no real opportunities to an unskilled person, maybe he felt the need to leave his home and seek work elsewhere. Maybe he informed his wife that he would find work and call for her after he was settled down. He used his money to purchase the cheapest fare, steerage, to travel to Port Phillip Bay. Then he took the 115 ton coastal schooner, the Hawk to Port Adelaide. On his arrival at Port Adelaide, he would have been met by the Emigration Agent. The role of the Emigration Agent was defined in the Regulations for Selection by the Colonisation Commissioners where it states: Special Emigration Agents are to be appointed in the rural districts, for the purpose of selecting country labourers, under the following conditions: 1 st That the certificate of each emigrant's character and circumstances required by the regulations, shall be submitted to the Commissioners for their approval. 2 nd That the Commissioner resident in the Colony, shall be instructed to report to the Board in England respecting the character and conduct of the labourers so sent out, and the Emigration Agent will be entitled to receive £1 for every adult labourer, male or female, selected by him, of whom no unfavourable report shall be forwarded within six months after his or her landing in the colony. The payment system for the Emigration Agent ensured that they would take a keen role in ensuring that their clients were placed in suitable, long terms positions. To a new arrival from a distant shore, such a service was very welcome. It was even more welcome when a person who travelled steerage and subsequently arrived with very little money and desperately needed employment. The conditions that prevailed in the young colony were such that it was seen the as the land of opportunity. Sheep were seen to be the agricultural business that would produce the greatest profits. Entrepreneurs emerged to satisfy the demand for people to establish sheep stations. One man in the business, C.W. Stuart of 316 Grote Street imported 10,000 sheep from Van Dieman's land in 1839. To the prospective sheep station owner he was prepared to deliver the sheep to the station as part of the sale. In so doing, he would provide the shepherds, dogs, netting, tarpaulin and any other item necessary to move the flock. Payment for this stock was geared towards the potential earnings of the flock where 50% of the purchase was paid on purchase and the balance was paid within 6 or 12 months secured by a bill of sale with an interest rate of 10%. This allowed the sheep station owner the ability to shear at least once, thus giving the pastrolists a chance to generate some cash flow. By 1842, it was firmly established that sheep was to be the key to economic development in South Australia. In a letter from Howard to G.F. Angus on 25 January 1842, Howard details his opinions based upon practical experience. He writes: I would sooner take my chance of settling in South Australia than I would in the penal colonies. We have here in comparison of them a moral, virtuous population.... We have several large Places of Worship, some of which may be called elegant in reference to their architectural structure. I will just conclude by saying that Sheep farming is considered much more profitable than the cultivation of the soil, and in this Colony there are many extensive districts of unoccupied land where sheep or cattle stations may be formed without any danger of interfering with or being interfered with by neighbours. The conditions under which labourers were employed were considered to be extremely good and healthy. In the self congratulatory report from the Select Committee on South Australia, the committee members elicited answers that would reflect favourably upon the colonial experiment. Even though the information sought was prompted in a particular mode, the evidence given does allow a glimpse at conditions. The evidence of A. McShane, a surgeon, is very revealing. When cross examined over his impression of conditions, the following interaction took place: [Chairman] What description of persons came under your observation having gone out to the colony as emigrants? - Agriculturists, small farmers, and mechanics generally, and female servants. [Chairman] Did they find ready employment upon their arrival in the colony? - Generally. [Chairman] At what wages? - Labourers 7s. per day, carpenters and masons 12s. , 14s. or 15s. a day; stone cutters the same, and others in the same proportions. [Chairman] Do you mean to say that they found ready employment upon their arrival, at those wages? - I had no difficulty, or very little difficulty, in finding them employment. [Lord Howick]. Were they generally a respectable class of emigrants? - They were a good class, certainly. [Mr Hope]. Can you give any idea what their living cost? - Single men in a boarding-house had their board and lodgings for £1 5s. a week. [Captain A'Court]. Working men? - Mechanics, or whatever they might be. [Mr Hope]. What was included in that? - Board and lodging, meat and drink, not washing. The same person earned £2 2s. as a labourer, and £4 4s. a week as a mechanic; that is to say, supposing he was a carpenter or a builder he would earn £4 4s. a week. [Chairman] . Was there any indisposition on the part of emigrants to go into the interior of the colony to farms remote from Adelaide? - Not on the part of agricultural labourers; on the part of those that came from large towns, particularly London, there was an indisposition, they would rather hang about the town. [Chairman] What sort of employment did these obtain? - There was a great deal of building going on, which furnished employment, and some were engaged as house seventies and assistants in shops, warehouses and offices. [Chairman] What sort of houses have the agricultural labourers in the country; for instance, at Mount Barker? - They have huts, mere huts. [Chairman] Were those huts prepared for them by the farmers before their arrival on the farms? - If the farmers were already established they would have huts for their labourers; if not, they would put them up in a few days. They look upon a mud or a framed house of wood as a permanent structure; if they had not those they put up tents or huts of rough materials, which answer very well for a little time. They drive stakes in the ground and weave wattles and small boughs between those stakes, and then plaster it in a rough manner with soft mud, so as to make it tolerably comfortable. It was into this environment and these conditions that Adams arrived and sought work. It is evident that Adams found suitable employment as a shepherd around the Crystal Brook area with Peter Ferguson. The first time Adams appears in any surviving official record was three years after his arrival. When he comes to the attention of the government, he is still working as a shepherd working for a Mr Peter Ferguson at Crystal Brook in 1847. The Protector of Aborigines, Matthew Moorhouse gives details about him to the Colonial Secretary while speaking about Kudnarto's situation. At this time, he had been living with Kudnarto since 1846 which was estimated to be a cohabitation for over 18 months. It is reasonable to believe that this was the first job that Adams undertook in 1844 and he remained at this location for many years. Kudnarto at this time was also helping at Ferguson's sheep station which made it easier for the two to meet. In a letter from Moorhouse dated 17 June 1847, he states that Mary Ann had lived with Thomas Adams for 18 months. A letter of 1855 actually states the year when Adams commenced living with Kudnarto when he says: "Having fell in with on the aboriginal natives of this colony in one thousand eight hundred and forty six and through her goodness I married her" which tends to confirm the date of 1846. The actual month when they commenced cohabitation would have been in either January or February of 1846. After the two commenced living together, Adams was now firmly ensconced with his new lover. His passion for her and also the potential land grant gave him a strong incentive to further cement this relationship. Marriage and all its consequences was seen to be a handy way of increasing his affluence. The true thoughts of an ignorant shepherd. Announcing the Engagement On 17 June 1847 Adams decided to announce his love for Kudnarto within white society in the most public manner possible. He gave notice to the Deputy Registrar of Births, Deaths and Marriages that he intended to marry Kudnarto and make her his lawfully wedded wife under British law. This announcement was aimed the legalisation of a domestic relationship that already existed only in terms of white law. It had little meaning in Kaurna law. Viewed from Kudnarto's eyes, their lifestyle indicated that they already shared a married life. As Moorhouse observed after questioning Kudnarto: "She replies that she has lived with him a long time (18 months) that he is her husband ...." Kudnarto considered that under Kaurna law, their marriage had occurred and been consummated at the time when Adams negotiated with her husband for exclusive rights to her. Only to please Adams' sensibilities did Kudnarto consent to marry him. Undoubtedly, Adams felt the pressure of white society. In polite society, Adams' relationship, and subsequent cohabitation with Kudnarto, never received the appropriate social sanction. Society declined the approval until the conventions of lawful wedlock, (white, that is) became complied with by both people. Until such time of lawful and officially sanctioned matrimony, Adams remained a social pariah. There is another reason for Adams' strong desire to marry Kudnarto. By this time, Adams had learned from Moorhouse that Kudnarto was entitled to land for cultivation should she apply for it. By his announcement of the engagement, Adams had already foreshadowed his intention to obtain a farm. A man in his station, the only land he could obtain to farm would be by way of gift. Since land was specifically set aside for the Aborigines by the government, Adams appears to have found out the details of this grant. The thought of becoming a man of substance would have greatly appealed to Adams. Kudnarto was the vehicle to obtain this land. This is not to suggest that Adams did not have genuine feelings for Kudnarto. Quite the contrary. Adams expressed great joy about his future wife. She was everything he desired. Kudnarto was very attractive. Behind Kudnarto's beauty lay an intelligence that in other circumstances would have remained undiscovered and ignored had she not come to his attention. Consequently other men recognised her intelligence and made similar comments. Coupled with a sharp mind, she was a very amiable woman who made friends with ease. The South Australian Resgister said: "The future bride is rather personable than otherwise, and her betrothed has been heard to declare that her fidelity, amiability of disposition, and attitude to learn, are very remarkable, if not unprecedented." In another article half a year later, The South Australian Resgister further commented with the following observation: "She is remarkably good looking, and has a pleasing expression of countenance .... she is a good tempered and very hard working girl." Kudnarto put all these characteristics together in one package and as such presented herself as a hard working woman with a plethora of talent. Even though Kudnarto was a minor, the Deputy Registrar indicated to Adams that there appeared no legal impediments to consecrating the nuptials provided that 21 days' notice be given and that they lodge the appropriate notice. Her status as a minor was no obstacle to his ability to perform the marriage rites and request assent to the vows. Adams duly did give the appropriate notice. Kudnarto's minority status placed her in another legal difficulty. Under Act No 12 of 1844 designed "to provide for the Protection, Maintenance and Upbringing of Orphans and other Destitute Children of the Aborigines", Moorhouse as Protector of Aborigines became designated as her legal guardian, even without the consent or knowledge of her parents. This situation prevailed despite Kudnarto having relatives who approved of the marriage. The South Australian Register said: "The sable parents and relations of Mrs Mary Ann Adams (that is to be) are consenting to the match;" At no stage does Moorhouse acknowledge the existence of Kudnarto's family or relatives. Despite the legal impediment of Kudnarto's minor status, Moorhouse approved of the marriage. This was just one instance where the rights of Aborigines as British Subjects were prescribed in a manner not applied to the whites of the colony during this time. Governor Grey received the notification from Moorhouse the next day. He read the letter and sent the following encouraging reply: "I can see no reason for the interposition of the Protector in the case unless the girls are that tender age which should forbid their contracting marriage but which does not appear to be the case in this instance. On the contrary I think that every encouragement should be given if the man be respectable." Between the period of announcing their intention to marry and the solemnisation of the contract, some six months elapsed. During this time, Kudnarto attended the Native School in Adelaide. Adams wanted Kudnarto to learn the methods of good, European household management techniques. During this time, Kudnarto learned 'the arts of domestic life and household duties'. She learned dress making and the art of European cleanliness. Along with her domestic tuition, she received lessons in English. Her oral English was of good standard at the end of her training but at that moment she was still functionally illiterate. The evidence of this assertion is her signature placed upon the Marriage Certificate. Instead of signing she placed a cross signifying that she was unable to write or sign her name in English but indicating that she was capable of giving full assent. However, she felt ready for her marriage to Adams under white law. During this time period, it appears that Adams' drinking habits must have come to the notice of Moorhouse. From subsequent information it seems as though the drinking of alcohol was unrestrained. There is evidence that Moorhouse counselled Adams about his drinking. In one letter to Moorhouse, Adams writes on 6 February 1848, some ten days after his wedding the following statement: "you Need Not Thing that i shall drink Aney more for i have seen My folly in that And it is all over." These words tend to indicate that prior to this date, Adams was unable to control his drinking habit. Furthermore, his drinking habit seems to have resulted from his relatively low status accorded to him by white society. It appears that he was relatively unpopular with people around him. In the same letter he reveals his perceived acceptability when he candidly states: "if dount get wot wos promesed i Must Leve The cunterey for i Thing pepel shuns Me" During this time period, Moorhouse speaks very poorly of Adams. Because of Moorhouse's relatively puritanical streak, especially where shepherds are concerned, he tries his hardest to avoid speaking about Adams. However, in his two representations to the Governor on behalf of Kudnarto, he uses the same formula of words: "about Adams I have noting to say." During this period of acquaintance, Moorhouse tolerated Adams but no more than that situation existed between the two men. The Wedding On the day of 27 January 1848, the couple entered the Registry Office located in the Public Buildings, Waymouth Street, Adelaide. Giving the occasion a strong sense of history was the presence of Chief Protector of Aborigines, Mr Matthew Moorhouse. He had a special role to play. He had consented to give the bride away. Even though he was the legal guardian of Kudnarto, he had no obligation to perform this function. It is a recognition of the historical significance attached to this occasion. There must also have been some fondness for Kudnarto for he speaks of her with a warmth seldom displayed by him towards other Aboriginal women. On many occasions he speaks well of her. He also stands in defence of her rights despite the pressure applied by Adams upon her. However, his attitude to other Aboriginal women is rather casual. For example, on 19 July 1849, Moorhouse indifferently announced the marriage of a woman under his charge when he wrote: "The girls have made thirty-six pair trousers, twenty-four cotton shirts, twenty-eight chemises, eighteen red shirts, thirty-six pocket handkerchiefs, twenty-four shawls. One of these girls, who had been taught in the school, was married to George Murray, a European, on the 14 th May." The marriage of Kudnarto to Adams was a simple but very dignified civil ceremony. At this time the Anglican Bishop of Adelaide had forbidden any marriage between a white and an Aborigine to be sanctioned by the church in South Australia. This man had a great deal of trouble of coming to terms with the essential humanity of Aborigines. He considered that it would be wrong to marry such avowed heathens within his churches. Moorhouse begged him to change his attitude and after the marriage of Kudnarto and Adams, the Bishop relented and allowed such marriages to occur. His Eminence, Augustus Short, The Lord Bishop of Adelaide indicated to Moorhouse that he was inclined to undertake mixed marriages after the marriage of Kudnarto and Adams. The importance of this is one of social standing. Without the ability of marrying in the church, it gave an air of social non-acceptability. It must be pointed out that His Eminence, Augustus Short, the Lord Bishop of Adelaide was not above showing the "miserable heathen" a few lessons in the virtues of Christianity. One day whilst riding along the road through Wellington, some Aborigines were playing pitch and toss on the road. They refused to move. His Eminence recounts with some humour that: "Mr Allan McFarlane, who was riding with me, said jestingly to them, 'Get out of the way you dogs,' and made a pretence of riding his horse at them, to disperse them." The reader will conclude without any further assistance as to the character of His Eminence, Augustus Short, the Lord Bishop of Adelaide. Thus if Aboriginal people wanted to marry each other or marry whites through British law, they had to resort to civil marriages. On this occasion, Kudnarto and Adams were dressed modestly but well for the occasion. The bride wore unaffected but eminently suitable clothes. Her gown was unassuming and graceful. In keeping with the fashion of the time, it was possibly made of stripes with brilliant shades of blue. An open bodice would have extended to the waist showing a beautifully laced front. Around the neck was a small frilled collar. Her sleeves were full and reached to the wrist. Around the wrist was a wide cuff of muslin. To get her dress to billow out more stiffly, Kudnarto wore a horse hair underskirt underneath her petticoats. Hanging seductively from Kudnarto's shoulders and gathered in around her elbows was her satin mantle. Put together, Kudnarto's gown gave an appearance of being neat and yet seemed to give the impression of wonderful comfort. For the occasion, Kudnarto carefully coiffured her hair. In keeping with the times, her hair would be carefully parted in the middle with ringlets cascading from the sides of her head. This didn't detract from the occasion for most people recognised Kudnarto and her hair which hung 'around her head in rich profusion'. It explains why the poke bonnet was not present, a fashion accessory whose absence was recognised immediately. Contrary to the characteristic fashion of the times, Kudnarto did not wear a poke-bonnet. Because this was so unusual it was commented upon in the media. To place her long hair under a bonnet would have been extremely difficult and impractical. The result was simply stunning. Her very attractive face was framed by her luxuriant hair and punctuated by her striking dress. Kudnarto's dainty heeled low leather boots were modest but comfortable. They were laced up on the front. Her shoes were white with a delicate blue leather trim around the ankle. Kudnarto wore these instead of the normal high heeled long laced boots. She attracted favourable comment about her looks and clothing. The reporter noted that Kudnarto: ... is, for one of her race, remarkably good looking, and has a pleasing expression of countenance. There is no mention in the records about the clothes worn by Adams. One can surmise that he wore a rented suit. Such clothes were available on order from the tailors in town. He possibly wore a rich blue frock coat punctuated by white, tight fitting, ankle length trousers. Underneath Adams' coat was a canary yellow waist coat which exposed a white shirt in an elegant "V" over the chest. His collar was turned down over a loosely tied, large bow tie. On his feet he wore two toned lace up Cuban heeled boots. On his head, in keeping with the accepted fashion of the day, he wore a top hat. The hairstyle of the day dictated that Adams allowed his hair to grow to almost a short bob. He also wore side Dundreary whiskers. Put together, Adams' would have looked very respectable without being rakish or foppish. Since there is no adverse comment about his appearance or any comment about any unusual feature, it must be assumed that Adams dressed in the expected mode of the day. The Deputy Registrar performed the ceremony. It was a modest and uplifting ceremony where each person played their role as required. At this point, Kudnarto was able to display her command of the English language. She had no difficulty in answering the questions asked of her. What surprised the witnesses, of which one was the editor of The South Australian Register, was Kudnarto's form of expression in the English language. The editor concluded that: "She speaks good English, and repeated responses distinctly.". Only one thing went wrong during the ceremony. It was minor but it does dilute the occasion. The Deputy Registrar didn't show as great care over his recording as he did over the actual ceremony. He recorded the year of the wedding as 1843 instead of 1848. Maybe the awe of the occasion and history making nature of the celebration got to him as his excited pen recorded the incorrect year. What ever the reason, the Marriage Certificate is incorrect in its date. At the completion of the ceremony, the newly married couple and their invited guests commenced their celebrations. The curious and friends were all welcomed. Included in this number was the reporter for The South Australian Resgister who was kind enough to file a positive report on the occasion. After their celebrations, the couple returned to their place of accommodation. Clothes would need to be returned. During their stay in Adelaide, Kudnarto may have spent some time with her relatives, many of whom would have been in Adelaide. Maybe Adams joined them. They didn't remain in Adelaide for very long. The couple went to Penwortham where Adams remained with his acquaintance, a Mr Jones, until he commenced working for William Slater as a shepherd at Kercoonda. The Land Grant Due to his close professional relationship with Kudnarto, Moorhouse may have advised the Adams of the ready availability of land sections for Aboriginal people to inaugurate farming activities. That would account for both the knowledge of the system and speed at which Adams acted subsequent to his marriage to Kudnarto. According to Moorhouse, the Aboriginality of Kudnarto was the guarantee for their access to the land. While it would take some time for the selection licence to be granted to Adams, they were not estopped from actually carrying on any activities upon the land until such time as the grant was given. Adams did not wait very long before lodging an application on behalf of Kudnarto. Not more than 10 days had elapsed after their marriage when on 6 February 1848 the couple made application to Moorhouse to obtain a Native Reserve land for farming. His application came from "Seymers flat", or Seymours Flat, so named after Hawker's wife Elizabeth Seymour, which dominated the particular area around Bungaree, leads to the conclusion that from the time of the Adams' marriage in Adelaide and the writing of the letter, they had already reached Penwortham. Added to this, prior to arriving at Seymours Flat, he says: "i went hup skilorgyre creek", indicating that he had already spent some time surveying the prevailing conditions around Skillogolee Creek "And Luked At That section of Land" which shows that Moorhouse has already suggested a possible site for Adams to settle. It appears that a land grant of a selection was "wot was promesed" by Moorhouse prior to Adams and Kudnarto leaving Adelaide. At this stage, it appears that the land was to be placed in the name of Adams for he was contemplating the problems of succession when he passed away. He says that any improvements he made "wold be All for govement when i die" indicating that he felt that anything he did would not be passed on to his children. Since the residence of Kudnarto was not implied in this statement, discussions with Moorhouse upon the terms of the selection were that the land would be placed in the hands of Adams for the duration of his life. Adams wanted the land and here was his chance of getting a parcel of 80 acres of prime farming land for free. In addition, he might also receive assistance in working the land. This deal was too good to miss but it was also something he wanted to pass on to his children. Looking at the land Adams got very excited and could see its potential. A person raised in a rural environment such as Adams was able to realise the value of the land he had seen. Adams states that he finds the land very fertile and promising for cultivating various vegetable crops when he writes: "And i Thing it wold do verey well As There is plenty of good water And plenty of good Land for culteneshen". Coupled with the rich soil and a permenant water source, half the property was level which allowed for good crop cultivation. It was everything he required to establish himself as a farmer. Adams could visualise in his own mind the potential of the selected land. When he says "But supose i was To put hup A good house on it And Make A good garden", he is wistfully contemplating the future vista which he hopes to build. Upon the land he sees himself erecting an idyllic cottage where he can live with Kudnarto. Surrounding the cottage would be a pretty garden containing a mixture of vegetables and pretty flowers. On a more practical level, Adams attempts to explore the different avenues of business he can participate in to ensure that there is sufficient cash flow. He speculates as to whether he should purchase some cattle or sheep when he says: "But soispose i was To get sum cattel, pepel wold com Right hup To The section with sheep". Already understanding the nature of the area, he recognises that people will be moving sheep by his property and thus they would be easier and cheaper to buy. The problem of which to purchase poses a quandary to him. In detailing his dreams, Adams does understand that regardless of which species he chooses to raise, he required extensive fencing to ensure that the animals wouldn't stray. Since he didn't have the cash to pay for this enterprise, and he needed a bullock dray to assist him to move his fencing materials, he required assistance from the government to lend him one. However, Adams already seems to know the answer which indicates that he had already broached the subject with Moorhouse before, possibly in their preliminary discussions. He understands that: "And my Not A Loue Me Bullakes To fence it in At wonce And culoutnet it" which places him in a serious situation. He needs to have a dray to fence the property before commencing any cultivation of the land but he cannot afford a dray which means he cannot afford to fence the property which thus makes putting in a garden precarious due to the sheep which are free to roam. At this particular point in time, even though being promised this land should he desire it, Adams met with stiff opposition from the local people already farming in the vicinity of the land. Squatters were in the area with their flocks of sheep. One squatter, "Mr hayden is got sheep There". Hayden's sheep used the area of the selection to run his sheep. Consequently, he became very hostile to any intimation that an interloper like Adams, a person married to a lubra, should have any proprietary claims over his run. Hayden would certainly look askance at such a proposition and request proper documentation to establish the claim: "And he will Not A Low Me To go There with out A wreten A oder from you or goverement". This he requested from Adams who was incapable of producing any evidence relating to his alleged claim. When this happened Adams realised that he needed something more firm that just the goodwill of Moorhouse. He needed written evidence of his claim and "if you can get it for Me i hope you will As soon As possebel" since he needed to quickly overcome Hayden's objections. And just to ensure that Moorhouse got the message, he repeated his entreaty to Moorhouse when he said: "And if you doe Aney Thing i hope you wold Luke To that And plese To have The kindness To send Me the petkilers As soon As possebel". Since Adams had a very well known alcohol problem, he hoped that his reform subsequent to marrying Kudnarto would hold him in good stead. His conversion to abstemiousness was highlighted to positively sway Moorhouse in his favour. In the confession of a true alcoholic, he writes: "you Need Not Thing That i shall drink Aney More for i have seen My foley in that And it is All over". He hoped that Moorhouse would buy that line and forgive his past. To ensure that he received a reply from Moorhouse, Adams gives him the address of the house where he was staying at Penwortham when he states: "And ples To drecket To penwortham velege Thos Adamas At Mr Jones". At this stage, even though he was out working for Hawker as a shepherd, his mail would at least arrive at a settled location. Upon receiving the letter Moorhouse examined its contents. He viewed the claims of Adams with a great deal of scepticism. However, Moorhouse passed the application on to the Colonial Secretary with a great deal of enthusiasm. His enthusiasm was more for Kudnarto rather than Adams. He always speaks highly of Kudnarto while he rarely refers to Adams in any other terms than with disdain. Moorhouse made recommendation that the Governor should consider this application very favourably. While Moorhouse was keen to promote the application for land by Kudnarto, he had severe reservations about Adams. He was adamant that title to the land remain with the government and held by Moorhouse in trust for the Adams family. Moorhouse expressed his disdain for the motives of Adams and ties any settlement to protect Kudnarto from Adams' previously acknowledged drinking problem. Even though Adams has firmly stated that he has renounced the demon drink, Moorhouse seems to think otherwise and believe that this repentance was more provoked by the possibility of a land grant rather than a definite renunciation of a lifetime habit. The timing was far too coincidental for Moorhouse to conclude anything else. In his letter to the Colonial Secretary, Moorhouse spells out his reservations when he says: "There might be legal difficulties in granting her a lease, but even if there were none, I think it would not be desirable, as Adams might possibly sub-let the property and spend the proceeds." In accordance with his strict humanitarian views, Moorhouse was keen to see a change in the Aboriginal economic production by using role models to pave the way. The Adams were excellent role models and consequently Moorhouse was keen to promote them. Also with an eye to the future, Moorhouse wanted to see the children of these associations become well acquainted with the life on the farm. On 26 May 1848, Moorhouse received a reply from the Colonial Secretary approving of the application for land by the Adams family. Added to this letter was a Licence drawn up by Governor Robe which granted Kudnarto the legal right to occupy Section 346 at Skillogolee Creek and a further right to carry on any commercial and agricultural activities. Although the land remained in trust with the Protector of Aborigines, the Licence gave Kudnarto full and free usage of the land on the condition that she in reality resided upon the land. Furthermore, Kudnarto was not entitled to sub- let the land for any purpose nor was she allowed to assign the land by way of mortgage or other instrument to any other person. Finally, among the conditions was the good behaviour bond. It made their behaviour as citizens a condition for continued occupation of the land. Thus neither she nor her husband was allowed to be convicted for any criminal offence. Should she fulfil these conditions, Kudnarto and her family and descendants were allowed to remain upon the land in perpetuity. The License received assent on 24 May 1848. The Chief Secretary then transmitted all the relevant documentation to the Native School Establishment for safe keeping by Moorhouse. Following the receiving of the licence, Moorhouse sent a letter to the Adams family informing them about the availability of the selection on 30 May 1848. "I have to inform you that the Lieutenant Governor has granted permission to your wife Mary Adams to occupy the Section numbered 346 on Skylogolee Creek for and during the term of her natural life with full power to clear, enclose and cultivate the said Section. It is distinctly stated however that your wife will have to settle and continue actually to reside upon the Section and will not be permitted to assign or underlet it." He also indicated that the Licence was being held by him for safe keeping. If either Thomas or Kudnarto wished to view the document, the were entitled to do so if they saw Moorhouse personally. "The Lieutenant Governor's authority to me will be kept in my office and may be seen by you whenever you wish." Finally, Moorhouse dealt with the issues relating other owners using the reserve to graze their sheep. Since Adams needed authority from the government to expel trespassers, Moorhouse spoke to the landowners and secured the integrity of the property. Moorhouse passed this news on by saying: I have seen Mr Cakden and he informs me that his station is not upon the native reserve section. In view of the speed of the mails, Adams would have received this notification a few days later. When the Adams family received their notification, their hearts would have beat with the excitement of a new adventure. All the dreams that they had worked for would now unfold before their eyes. They had their own land and success would come through the sweat of their brow. Only a couple much in love who believe the future is rosy would embark upon an adventure so ill equipt as they were at that moment. This licence granted to Kudnarto set a precedent as a method for unscrupulous white landless men to attempt to gain land through marriage to an Aboriginal woman. After the marriage of Adams and Kudnarto, a further two white men followed their lead and married Aboriginal women. Each couple also received land from the bank of Native Reserve lands. One of these was a friend of the Adams family, George Murray and the other was George Solomon who married Rathoola at Rapid Bay. However, always on the alert to a scam, Moorhouse became concerned at the growing trend. Over the months after the marriage of the Adams family, Moorhouse had received several enquiries by interested people wanting to gain access to land through marriage to an Aboriginal woman. When the school master from Myponga, Mr Fred August Struve requested land without even performing the perfunctory ceremony of marriage, Moorhouse saw red. In anger, Moorhouse wrote to Struve in an effort to disabuse him of any illusions that the mere presence of an Aboriginal woman in his life would be tantamount to getting a land grant. He writes: I have no authority to marry any girl contrary to her wish. Two Europeans have married native girls, but in both instances, the girls expressed an attachment to their respective husbands. It is usual for the government to grant a section of land to the girl when married but the land is never intended to become the absolute property of the husband. If you really wish to carry out your views, it will be necessary for you to gain the affections of a girl and when this is done bring her up to town and the affair will be settled. These letters and exhortations seemed to have the desired effect for there appeared to be no further requests for land received by Moorhouse subsequent to that of Struve. When the reality of the proposition sank in, the aimless men who sought to gain land the easy way soon realised that this was not the boon it promised to be. Thus they ceased to use marriage as a way of gaining land. In relation to the Adams family, they were divorced from the desires of others to follow their lead. The reality of life pressed firmly upon them as they packed their belongings and moved to their selection. It is unknown as to whether Adams gave up working as a shepherd or continued to do so while getting the property established. It appears that initially Adams did indeed cease working as a shepherd and dedicate himself to establishing the Adams family farm. This was no easy task. Farming the Land After the Adams family finally settled upon their new licensed allotment land they set about building their residence. It was essential to do so quickly since they were occupying their land in the middle of winter. The location of Skillogolee Creek ensured that the area was swept with bitterly cold rain and wind. In keeping with the times their first hut would have been quite primitive. They may have erected either a canvas tent or a wodli to provide temporary shelter and live in. If their first place of residence was a tent, which is likely, they would have cut timber slabs and placed them outside the tent walls to give some protection against the elements. This would have served well until the proper hut had been constructed. Since Adams was a carpenter, he was capable of devoting himself to constructing a solid hut. This he did. In the end, the hut they eventually built had pine log walls with the internal and external walls rendered with cement. This would have given the walls a strong, water proof quality. Inside, the hut was divided into two rooms, a bedroom and a living area. The floor was made of beaten earth elevated above the ground level to prevent flooding or ponding. To break its austere appearances, they would have covered the earth with hessian bags. Internal walls would be covered with a wall paper made from old newspapers. Adams made the roof out of thatch which he gathered from hay grown around the area. The house itself was rather small. Its dimensions were 3.42 metres wide and 7.25 metres long. They sited the hut some 79 metres from the road, parallel to the creek on a North West to South East axis. The location was marvellous as they completed their hut near the waterfall. The door was added more for keeping out the wind than any unfriendly people. It was customary for the Adams family to keep the door open most of the time. On the night of 24 July 1850 Adams was sitting by the fire in his house when John Yates arrived. Yates called out as to whether he could get a light for his pipe. Adams replied that he was welcome to get a light from his fire. Yates left his bundle by the door and walked in. At no stage was there a knock on the door or was the door ever mentioned. Since this was in the middle of winter, one can reasonably assume that the door was rarely ever closed. It would have also been Kudnarto's influence which gave the family a strong belief in sharing hospitality with strangers. They seemed to be coming and going without anyone being turned away. Inside the furniture would have been frugal but functional. Adams' wood working skills would have been sufficient to construct some of the items of furniture such as the bed. Other items would have been purchased second hand. Items like the table and chairs would have come from second hand sources. At one side of the room, they bought a sofa that was big enough for a person to sleep on. By a side wall, opposite the door was a fire hearth. The reason relates to the Aboriginal love of fireplaces. The best location within the hut for a traditional fire was the at the side. This gave plenty of room to lie around it. Hanging on the ceiling were the few cast iron pots, pans and skillets. Nearby would be a dresser with a mirror and a bucket for water. Since the creek was close by, there wasn't a great need to store large amounts of water. Put together, the hut gave the Adams family a comfortable place to live. Since it was the middle of winter, planting crops would have been out of the question. They had missed the growing season for a year. Thus it would take two years before they would be able to harvest. If he was diligent, he would have planted a vegetable garden. To supplement their protein and vegetable food resources, both Adams and Kudnarto would have foraged over the countryside. They would have caught the occasional kangaroo, emu or goanna. Kudnarto's tracking skills would have assisted greatly in supplementing their food resources. At this time, the reality of occupation began to force itself upon Adams. He may well have understood that the occupation of the land was dependant upon Kudnarto but feeling it as a practical reality places it in a new dimension. When no effort or emotion is expended, it is easy to agree to a situation. However, when an investment in sweat and love occurs, the proposition takes on a new meaning. So too did it do so for Adams. Very soon after settling upon the land, Adams commenced brooding over his lot. His understanding of Kudnarto's role in securing the grant became only too apparent. Adams felt very resentful of this situation. To discuss his feelings, Adams framed a letter to Mr Boyle Travis Finniss, the Colonial Treasurer and Registrar General, on 22 July 1848, exploring the implications of Kudnarto's role in securing Section 346. He used the example death. Within his letter, he wished to know where he stood should Kudnarto pass away. In this enquiry, he mused about the recovery of any investment he placed in the land should he have no proper title over the land. Finnis was very careful in framing his reply. Understanding the importance of his reply and its implications, Finnis restated the terms of the Licence. Had he said anything else which gave Adams the impression that he may be able to inherit the land, the relative safety of Kudnarto would have to be questioned. The tying of death with inheritance would give encouragement to a devious person to hasten the death of the Licensee. Finnis' reply displays an understanding of this for he ignores the issues raised by Adams in relation to his personal investment. Finnis' reply implicitly told Adams that he was tied to Kudnarto regardless of his desires for outright ownership. The writing of the letter raises suspicions as to the purpose of the enquiry. Since the speaking about death was taboo to an Aborigine, it would be doubtful that Adams ever consulted Kudnarto about the letter and its contents. It seems that Kudnarto also followed the traditional Aboriginal practice of women who defer to their husbands. Thus she would never have undertaken any action on her own behalf. Adams, in his letter, already foreshadowed the difficulty of clearing an allotment. The work was wearing him down. It appears that he went into the enterprise without full knowledge of the enterprise nor did he understand the costs involved in farming. On 3 September 1848 he was already complaining to Moorhouse and Finnis about the huge expense involved in establishing a farm. Even though he had made a resolution to buy a "good outfit with his savings" it appears that he was short of money after a few months farming. Adams says: Skylogolee creek 3 september 1848 Sir, I seake leberty of Agean Adressing you i receved your plan of The section And ham leving on it But i find it verry Expensiff To Me for The hiere of Bullaks And dray i was Thingen of sending To The New governer for sum Assistance if it wos onley The Lone of sum Bullaks And dray for A Time it wold Be A great help To me And if you would have the kindness To spake in Behalf of My wife i should Teake it as A great faver But however if i get No Assistance i Must leve The Section for i Must go where The work is you say in your Letter that i ham Not Aloud To Let Aney of it But it is Not My which to Let Aney of it if i can get on with out it But i have got A verey poor chance for it would choust Me seventy or Ehighty poinds To fence it in But i could do All the work My selief if i could get Bullaks And dray But if Aney Thing happened To My wife Acordng To your Letter gorvement could clame it Agen And propes Me get Nothing of it plese To drekit To Me kerconda Skyloglee creek. i Reman yours obedent servent Thos Adamus In his letter Adams stated that he wanted to erect a fence. The cost of using contractors was prohibitive. The quotation he received from the contractors indicated that it would cost him £80. To resolve this matter, he wanted to procure bullocks and a dray since hiring them was very expensive. Unfortunately he didn't have the money to effect the purchase and thus sought help from the Governor for financial assistance to buy the bullocks and dray. In this manner, Adams reasoned, he could erect the fences himself. His request appears rather ambitious and the inevitable reply of rejecting the request followed. However, in dealing with his commitment to being a cultivator of the soil on his own account, his letter is disturbing. Adams states, in the first part of letter, that if he doesn't get assistance from the Governor, he will be forced to leave the land and obtain employment elsewhere and, "go where the work is.". A little further on in the letter he expresses reservations about investing any energy or time on this selection for he reasons that he would not benefit from it should his wife die. This displays an apparent churlish attitude towards the nature of his grant. The conditions for him to settle on the land were spelled out in great detail by Moorhouse, and yet, only three months after settling upon the allotment, he complains that he will not benefit from any improvements that he put on the land. Early in the piece, Adams was already showing a distinct disinterest in working for something that didn't give him an enduring benefit. Again, as with his letter of 22 July 1848, in this letter, Adams raises the proposition about Kudnarto's death. This constant repetition about a future death of Kudnarto causes a bit of unease about his thoughts concerning his wife. It is a topic that keeps coming up in his writing to the various authorities. It is difficult to understand this fixation considering Kudnarto was young and healthy. In reply to this request, Moorhouse dealt only with the issue of the bullock dray rather than the other darker issues. He sent the following letter: "In reply to your communication to be supplied with a team of bullocks by the government to enable you to fence the section upon which Mary Adams has permission to settle, I have to state that your application was duly forwarded to the Lieutenant Governor and His Excellency declined granting your request." Despite these dark thoughts, life for the Adams family fell into a normal rural rhythm. Concurrent with Adams' last letter in the month of September, Kudnarto also became pregnant. On 19 June 1849, Kudnarto gave birth to her first son to survive. There is no record of miscarriage or death on birth and thus it must be assumed that Thomas junior was the first child born to Kudnarto who survived. In keeping with the age, there was a horrific attrition rate among children and thus it is not unreasonable to assume that Kudnarto may have had other children prior to the survival of Thomas junior. They named him Tom after his father. The process of giving birth for a Kaurna woman is well described by Meyer. He gives the following narration: "When a woman is near her confinement she removes from the encampment with some of the women to assist her. As soon as the child is born the information is conveyed to the father, who immediately goes to see the child and attends upon the mother, by carrying firewood, water &c." While there is no mention of a mid wife, there is circumstantial evidence to suggest that her delivery was assisted by some Aboriginal women friends. There was at least one woman in the region she befriended. This was the Aboriginal woman living with George Murray, a shepherd who lived not far away in Watervale. Murray and Adams knew each other well enough. During the time the Adams lived at Skillogolee Murray married his defacto wife on 14 May 1849. After the marriage, Murray sought to obtain a selection of land in her name. Moorhouse, mindful of the friendship, suggested that he share the land around Skillogolee Creek implying that he would be close to the Adams family. Taking his cue from the approval of Moorhouse, Adams assisted Murray select Section 3055 of about 80 acres of land some three kilometres from his own land. After the birth of his new son, Adams again expressed great concern about his future and property should Kudnarto die. This time he used the services of a letter writer to write directly to the Governor. In the letter, he says: Skillogolee Creek July 22/49 Your Excellency, I beg to inform Your excellency that I have permission from Mr Moorhouse to settle on Section 346 in Skillogolee Creek during the natural life of my wife. I have now one child by her which I beg to know within this section in my case my wife should die will fall to the children as I have no authority to occupy this section but for the term of her natural life and I wish to know from Your Excellency whether I have any permission to make any improvements on the section in case of her death. I wish to be informed whether I can still retain the same. In reply to this letter, BT Finniss wrote back to Adams restating the nature of the lease when he said: 14 August 1849 Thomas Adams Your letter of 22 nd July, in which you enquire whether in the event of your wife's death the Aboriginal Reserve No. 346 which you are allowed to occupy during her life will fall to her children, having been laid before the Lieutenant Governor, I am directed to inform you in reply that the terms on which the licence to occupy the section in question was originally granted to you, will be adhered to - which terms were intended to protect your wife from chances of dessertion by you, and with the understanding that there might be a renewal in favour of her children in case of her death. BT Finniss. Again, Adams is expressing his morbid fixation. The exertions of farming did nothing to relieve his notion of Kudnarto's impending death. Maybe her health wasn't the best and she seemed too fragile in stature to give confidence that she would survive for very long. The Governor turned his request down and the couple were forced to use whatever they had to farm the land. Despite this, life ground on. Burra Copper Adams' problems about funding the farm didn't resolve themselves. Life was hard. Added to the hardship faced by the couple was the alteration in the Burra mine's carting practices for moving the smelted ore. Although the Burra mine had opened in 1845, the movement of ore was inland to Port Adelaide. In July 1848, this was to change. The new mine manager at Kooringa for the Patent Copper Company, Gregory Seale Walters, in July 1848, commissioned Gavin David Young, a surveyor living at Port Henry who came to South Australia in 1847, to map out a route between Kooringa and Port Henry. Work started on this enterprise by September 1848. By the end of November 1848, the bullock drays were ready for the first movement of ore from Kooringa to Port Adelaide. There was great excitement when the first load of copper ore arrived at Port Henry. On 9 December 1848, the South Australian Gazette and Mining Journal proudly reported the first shipment leaving Port Henry by lighters. The result was a saving of sixty miles of travelling or seven days with the bullock drays. Port Henry was the town where the trans-shipment would take place. The town was named after Sir Henry Ayers, the Secretary of the South Australian Mining Association which worked the Burra copper mine. The name of the town soon changed in 1850 to Port Wakefield in memory of Edward Gibbon Wakefield. In an amusing note, the name of the town was offered to the then Governor Sir Henry Young who declined the honour because he considered the too ugly to bear his name. The traffic generated by this movement was large. Apart from moving ore to Port Wakefield, coal was moved from Port Wakefield to Kooringa for the Patent Copper Company smelting plant. This involved the movement of 15,000 tons of coal to Kooringa while 10,000 tons of copper went to Port Wakefield. The going rate was 30 shillings a ton. At first the ore was loaded onto the lighters from the beach at high tide. This proved to be difficult and required better methods. This came in due time. Robert Buck, a lighterman made a discovery about the usage of the Wakefield River. The result changed the methods of moving ore. Now movement of ore to the ships complemented this route. The South Australian Register of 20 June 1849 tells the following story about the change in carriage techniques: "An important discovery has been made at the head of Gulf St. Vincent by Mr Buck, lighterman, being nothing less that the existence in quarter of an available harbour for coasters of same burthen, with good natural accommodation for the purpose of loading and discharge.... By this discovery, about fifty miles of land carriage between the present shipping place at Port Adelaide and Burra Burra, will be cheaply substituted by water conveyance; and we understand Mr Buck has already entered into a rather large contract with the manager of the great smelting works near Kooringa, for the conveyance to and from, of fuel, metallic copper, etc." The trip from Kooringa to Port Wakefield was long and arduous for the bullock dray drivers. As the drivers set out, they passed the countryside and people with whom the Adams family also met. Their journeys became surveys of the local geography and human society. The life of the bullocky, however, was forever transient. With the introduction of Port Henry as a transport depot, the Patent Copper Company sent their ore from Burra, by way of Watervale or Auburn and through the valleys to Skillogolee Creek. This meant passing through the centre of Adams' land over the main road and on to Port Henry. Carting the ore were numerous bullock drays. As a consequence of the new transport discovery, the Adams family felt the brunt of the product moving past their land. The bullockies, or teamsters as also they were known, were a notoriously hard living, hard drinking and hard wenching group. They cussed, drank and womanised, and in that order. The only things they required were a good hotel and a source of common women close at hand. One man of many, provided a service in answer to the teamsters' demands. Mr Thomas Henry Williams, affectionately known as 'Piebald Williams', the manager of Burra Smelting Works, purchased a block of land known as Section 345 in Stanley County on 1 October 1849. This allotment was adjacent to the Adams' selection. On this land known as the location of Pleasant Hill, next to Port Henry Road, he built a Public House that included accommodation for the bullockies. He named the "Port Henry Arms" Hotel in a wistful note that Port Henry was close on hand. The only licensee to run the Hotel was John Hoiles. His term lasted from 1850 to 1851. It is obvious the hotel didn't get the patronage that Williams planned for and anticipated. This hotel would attract all the worst elements as the teamsters drove their bullock drays over Adams' land and caroused next door. A traveller, William Cawthorne, visited the Port Henry Arms in 1851. He was clearly shocked with the lifestyle of the bullockies. At Hoiles' he met the: "... usual, a drunken mob of bullock drivers, playing cards, drinking, swearing, fighting. So little are they trusted, that the landlord or landlady hold the nobbler in one hand while they take money with the other! ... So Much is the publican in the hands of these ruffians that they insist upon his rising at any hour of the night and satisfying their insatiable desire for drink." With the prospect of some "black velvet" just down the road from the hotel, Adams had good reason to worry about the safety of his wife. She was young and attractive and would have turned the eye of many a teamster as they traversed the road past the Adams' hut. Many a wayward eye would dream of spending some sensuous moments with her. The bullockies only needed some liquor in them to arouse the deepest and unstoppable lust. Coupled with this, Kudnarto would have expressed grave concerns about her safety. After all, white men viewed molesting and raping an Aboriginal woman as a legitimate pastime and not as a crime. The wife of a lubra shepherd did not qualify as an exception. In fact, in view of previous comments about the women of these shepherds, it was more than likely that the bullockies considered her fair game. This conclusion is borne out by Adams' later actions. Five years after moving to Skillogolee Creek, he did indeed move his family some three kilometres away to Aboriginal Section No. 3055 for respite from the bullockies. One area of speculation is whether Adams, himself, thought to earn additional cash by prostituting Kudnarto at this time. It appears within keeping of both Kudnarto's earlier life and the morals of Adams. As was discussed earlier, the situation was reversed when Adams first met Kudnarto. When Kudnarto first cohabited with Adams, it was as a consequence of a financial arrangement between Adams and Kudnarto's husband. Since both saw this transaction as acceptable in 1846, it is not unreasonable to suppose that such dealings were still acceptable three years later. Since there were no watering places around the area except the spring on the land where they lived, the teamsters encouraged their cattle to drink from the spring. This disturbed Adams greatly for the presence of the cattle would destroy all his attempts at cropping the soil. Without delay, Adams complained about this depredation of his land. With the assistance of a professional letter writer, Adams sent a letter to the Governor on th 20th October 1849. It said: I Thos Adams herby present to Your Excellency a petition, hoping your Excellency will be pleas'd to consider the precariousness of my situation, and to grant the terms of Recompense I here as in some measure will renumerate me for the loss I shall be liable to sustain form the annoyance of Carters of ore from the Burra Mine to the Gulf, and as Mr Williams, the Manager of the Smelting Company at the Burra has purchased a section of land close to mine and is erecting a Public House on it for the accomodation of Bullock Drivers and being no water upon it, has ordered the Derivers to water their cattle at my water hole, and they are becoming to me and my property a great inconvenience, and as I am informed by Mr Moorhouse that there is no reserved water on my section, I do not relish at all to see what little property I am possessed of undergo any damage from depredation that their cattle will no doubt be liable to perform, therefore I hope Your Excellency will ordain it so that if I can not derive benefit from my land in one way, I may in another, therefore if it is Your Excellency's wish that the water on any section must be as a regular watering place for bullocks, I hope that your Excellency will sanction my proposal of charging so much a head for all Bullocks that come there to water or granting me authority to put a toll gate on the road through my section on if my proposals cannot be adhered to I hope Your Excellency will inform me some means whereby I may derive some little advantage to stop finally all depredation on the land I am bound if possible to protect. I conclude hoping Your Excellency will persue the contents of my humble petition. This cry from the heart of Adams rings an authentic chord. The number of bullock drays passing by his property on a daily basis would have been large. Each bullock team were voracious eaters and consumers of water. The water hole upon his property was a beautiful place to let loose the bullocks. It was a perennial spring with wonderful grasses growing nearby. Intimidation from the bullock drivers would have assured them access to this water and grazing land. In reply to Adams' letter, a solution was offered by Moorhouse. According to the available options, Moorhouse pointed out that Adams had two resolutions to remedy the problem. "1 st That there is no reserve of water made for the public in your section and you are at liberty to fence in the swamp and charge for any use that the public may make of it - the rate of charge is left to yourself. "2 nd There is a public road running across your section and if the bullocks on the main road are liable to trespass and injure your crops you must put up a substantial fence or impound the cattle." While charging a toll was an assistance to Adams in earning some income, it didn't solve his immediate problems. The perennial problem faced by Adams was a permanent lack of capital. He could not afford to fence off the water hole. This trapped him into a ever increasing spiral of poverty. Because he couldn't fence the water hole, the depredation's to his land increased which increased his poverty. This period proved to be very hard for the Adams family. By mid 1852, however, the numbers of bullock drays slackened off quite noticeably. Most bullockies and miners deserted Burra and went to the goldfields of Victoria. This left the roads almost deserted. To overcome this problem, on by 18 July 1853, the barque Malacca brought the beginning of a new phase in transport. Arriving from Monte Video was 70 mules and accompanying Chilean muleteers. Solomon Williams recalled their entrance to Burra when he said: It was a great time for the boys when a large number of mules, a few donkeys came to Burra accompanied by Spaniards in their picturesque dress - hair plaited and wound round under their large sombrero hats, their ponchos, lassoes and large rowelled spurs. It was amusing to us to hear a donkey bray for the first time. The economy of the whole region depended upon the cartage traversing the Gulf Road. The many thousands of pounds spent by the cartage contractors kept many service industries fully employed. The manager of the English & Australian Copper Company, James Hamilton summarised this economic dependence when he said: That the townships of Mintaro, Auburn and Watervale are mainly supported by the cartage and money expended by the English and Australian Copper Company in cartage. That the opening up of this road had occasioned the sale of very large quantities of land in the neighbourhood of the said townships. Within the immediate area of Skillogolee Creek the hotel wasn't the only constructed building. Next door to the hotel, Williams built a butcher's shop which later was owned and operated by William Titcume and his wife. If nothing else, the Titcume's offered a semblance of civilisation close at hand. Judging from the course of future events, Mrs Titcume became very good friends with Kudnarto. They spent many nights with each other talking. With her new son and some friends living close by, life seemed to be good for Kudnarto and her family. It was a delightful little village. In the area resided Mr and Mrs Hoile and their barman James Henderson. Their hotel played host to many regular customers including John Yates, a hut keeper and the feisty old shepherd known as the Sergeant. There were the fencing sub- contractors, Mr Green and Mr Warrimer. Including the Titcumes, Skillogolee Creek looked like becoming a pleasant little rural centre. It too had a hotel and blacksmith's shop. Murder The effects of the carting weren't as drastic as at first thought. The Adams family settled down to the daily routine of raising their son, a flock of sheep and their wheat. It seemed that dire poverty always seemed close at hand. The pattern of farming life kept them busy with little of the feared intrusions making an impact. However the peace of Skillogolee became shattered once again by the problem of great violence. The story of the brutal deaths of Mansford and Yates in 1850 forms a tawdry episode for the residents of Skillogollee Creek. It is the most documented incident in the life of Kudnarto and it well details the life lead by the people living in the area during this period. The information and dialogue has been reconstructed from testimony given at the trial of Yates by the witnesses. No person had any reason to exagerate or alter their testimony to suite the occasion. The story is very touching for the speeches made by all the people in this chapter are authentic voices of the past. Each speaks with a strength reflecting their thoughts after the violent events. John Mansforth, commonly known as the Sergeant, was an old but strongly built military pensioner. His hair was grey in keeping with his age. On the right arm was the letters T.M. tatooed in Indian Ink, apparently done some years ago. On the day of his death, he was feeling very cold. He wore a set of white flannel drawers covered by a pair of trousers. He wore a warm striped woollen Guernsey shirt next to the skin on his chest. Covering the Guernsey shirt, he wore two further blue shirts, the outer shirt being very dirty. He kept a blue handkerchief between his shirts. Over his shirts he wore a waistcoat. Inside the pockets of the waistcoat he carried a tinderbox and steel, a few shoestrings, a broken pipe, and piece of tobacco. Wrapped around his neck was an old but comfortably well worn woollen scarf. His clothes were similar to those worn by the shepherds during this era. Although Mansforth had a wife and family, he lived separately from them. This separation revealed the darker side of Mansforth. He was prone to bouts of drunken violence. The reason why Mansforth did not live with his wife was that he was quick to anger and had a very violent temper. The same problem existed with his hut-mates. One hut-mate, James Yates, a butcher by trade and an ex- convict from Van Dieman's Land who was described by the The South Australian Register as "having that low, brutal expression of countenance so common among those who have led a life of crime", was the last person to put up with his temper. Although Yates said that even though he agreed with the Sergeant and everyone seemed to think that they got on well, he was an exception. Very few people ever got on with Mansforth. Many people believed that Mansforth could sometimes become extremely impassioned with rage, especially when under the influence of alcohol. Various people in the area commented that the Sergeant was a bad hut-mate. Most people remembered a former hut mate of his, a hut-keeper named Howe. Rumour was very strong that Mansforth had laid his face open with the handle of a frying pan. When Howe left his employment, he complained to his employer, William Slater JP of being struck by Mansforth. During this discussion, Howe did not describe weapon Mansforth had used against him. However the impression is that Howe was definitely leaving because of Mansforth's drunken brutality. On Tuesday, 23rd July 1850, the day before Mansforth's tragic murder, his employer, Slater last saw Mansforth at the head station. Slater was settling the quarter's wages with his shepherds. Over the last nine months, Mansforth had worked in the employ of Slater who considered Mansforth the best shepherd he had ever employed. For the past quarter, the balance of Mansforth's wages amounted to £6. To cover this sum, Slater wrote a cheque for the required amount to be drawn against his account at the Bank of South Australia. After paying his wages, Slater told Mansforth that he wanted to see Yates. He was dismissing Yates early although his contract of emplyment was not due to expire till Saturday, 27 July 1850. Yates had been employed for only a month by Slater but he no longer wanted his services as a hut-keeper. This arose as a consequence of the various complaints Mansforth made about Yates. Slater asked Mansforth to tell Yates to collect his final wages on Thursday, the 25th July 1850. Also Mansforth was to inform Yates that another man had been hired in his place. For the first time in a month during his stay at Skillogollee Creek and Slaters sheep station, Yates decided to visit the settlement. He had some business to conduct. At about ten o'clock in the morning of Wednesday 24th July 1850, Yates came to William Titcume's house which was some fifty yards away from Hoiles' Port Henry Arms. Titcume lived there with his wife and also carried out his trade as a butcher. During the conversation with Titcume that morning, Yates produced a large hessian bag. Within the bag was some sheep fat which Yates proceeded to offer to Titcume for sale. Titcume agreed to purchase the fat at teh rate of two pence half penny per pound. While weighing the fat, Yates asked Titcume if he had seen the old Sergeant. Titcume said that he had not seen the Sergeant that particular day. Yates remarked that the Sergeant had promised to be at Skillogolee Creek before Yates would arrive. Titcume bought in total some eighteen pounds of sheep fat from Yates. He paid Yates three shillings and nine pence making up the coinage with two single shillings, three sixpenny pieces, and three pennies worth of coppers. Following this transaction and some more small talk with Ticume, Yates walked over to the Port Henry Arms at about twelve o'clock noon. This was the first time Yates had ever entered into the public-house. Yates spoke to the barman, John Hawkesworth and asked for a glass of rum. While Hawkesworth was getting Yates the rum, Yates told him that he was waiting for the Sergeant who had promised to meet him that day. Yates told Hawkesworth that Mansforth had brought the message for him to go into the head-station. "Have you seen the old Sergeant?" Yates asked Hawkesworth while drinking the rum. "No," replied Hawkesworth. "I am afraid he is making a fool of me, " commented Yates in an irritated voice. Then, adding in a menacing tone, "If he is, I'll open his eyes for him." Yates slowly drank his rum while talking to Hawkesworth. After consuming the first glass, Yates ordered another glass of rum and paid Hawkesworth a shilling for the two drinks. He remained at the bar of the Port Henry Arms for about one hour. Afterwards, Yates left the Port Henry Arms and walked over to where he saw Titcume working in his garden. Titcume was busily constructing a pig-sty. Yates started talking idly about his stay at Van Dieman's Land. When he had exhausted this subject he discussed reaping. Yates also mentioned that he was going into the head-station of Mr Slater to finish up because he was sacked. Slater had made an offer for Yates to make brush yards. He said that he was going to leave the old Sergeant's hut but repeated his belief that although some people could not agree with the old Sergeant, he could get on very well with the Sergeant. Titcume lay down his tools and took a break from erecting the sty. It was at about three o'clock in the afternoon that Titcume's wife called him for dinner. Since Yates was around, they extended the hospitality of their table and invited Yates to join them for dinner. He accepted the invitation and followed the Titcumes inside their house to the dinner table. About an hour after their meal, at four o'clock Mrs Titcume looked through the kitchen window. Outside she saw the Sergeant make his way to the Port Henry Arms. Knowing that Yates wanted to see him, she mentioned the fact to Yates. After thanking the Titcumes for their hospitality, Yates left their house and made his way over to the Port Henry Arms. Hawkesworth saw Mansforth came into the Port Henry Arms at four o'clock in the afternoon. He also saw Yates join Mansforth at his table soon after. "What will you have to drink?" Mansforth asked Yates. "I am drinking rum," Yates replied. Mansforth gave Hawkesworth a shilling to pay for a glass of rum for Yates, and a pint of ale for himself. "I thought you were going to disappoint me," said Yates to Mansforth. " I didn't think you were going to meet me today." "I've been asleep on the run," replied Mansforth by way of explanation, "I could not get here any sooner." Hawkesworth served Mansforth his dinner. Mansforth took his dinner and paid for another glass of ale and rum. Mansforth paid for this with a half crown piece. He sat down and proceeded to eat his dinner. His eating utensils were the common knife and fork used by the hotel for all its customers. In the spirit of good humour, Yates poured his glass of rum into the Sergeant's ale and offered it to Mansforth. This was angrily pushed away by Mansforth. He explained that he didn't like to mix his drinks. Mansforth then ordered another pint of ale. No one drank the mixture of ale and rum and eventually Hawkesworth took it from the table and threw it away. While eating and drinking, Mansforth and Yates began conversing about Yates' visit to the head station on the next day. "You had better go back to my hut," said Mansforth. "What's the use of going there," retorted Yates in anger. "You have sent me away, and I must go." Some time after Mansforth, having finished his dinner, went to the fire to light his pipe. He looked at Hawkesworth when he entered. "Fill me a bottle of whisky," requested Mansforth. Hawkesworth filled an ale bottle full of whiskey while Mansforth paid for it with a £4 order. Hawkesworth got three pounds five shillings worth of change to give Mansforth. During this time, Yates was sitting by the fire smoking his pipe. When Yates saw Hawkesworth go up to Mansforth's table to give the change, he left the fire and came to the table as well. Yates watched intently as Hakesworth paid Mansforth his money. After Hawkesworth finished counting out the change, Mansforth left Hawkesworth and Yates and went to the fire for a light for his pipe. While Mansforth stood at the fire, Yates walked up and grabbed him by the sleeve of his blue shirt. "What do you want of me?" asked Mansforth in an angry voice. "I want nothing of you," answered Yates. Mansforth threw his arms open. "Well let me go!" Mansforth snarled. Yates let him go. He went over to a young woman known as Miss Claire. During their conversation, Yates made use of some insulting language to Miss Clare. He was partially intoxicated when he spoke indecently to Miss Clare, but his manner to her was not that of a drunken man. Yates' language and suggestion was too strong for her to bear so she left the room. Very shortly, Yates followed Miss Clare into the parlour where she had gone to escape his approaches. When Yates had left the bar, Mansforth called out to Hawkesworth. "I am going now," said Mansforth. "Can I have my bottle of whiskey." Hawkesworth gave Mansforth the bottle of whiskey. When Mansforth received his bottle he departed from the Port Henry Arms. At the same time, Yates behaved so improperly that he was ordered out of the parlour by Mrs Hoiles. "I have as much right as any one else to go into the parlour so long as I pay my way," Yates argued with Mrs Hoiles as he walked out of the parlour. On seeing that Mansforth had gone, Yates looked at Hawkesworth. "Which way has the Old Sergeant gone?" Hawkesworth looked out the window with Yates and pointed Mansforth out on the horizon. Since there were no other houses between the Port Henry Arms and Mansforth's hut, and there was no path leading there, Hawkesworth scanned the open pastures to find Mansforth. He spotted Mansforth going down a hill. Mansforth had crossed one creek on the way to his hut and was near the second. "If you look," said Hawkesworth to Yates, "you can see him going over the hill." "I'll go after him," said Yates hurriedly. Yates then left the house. At that time Yates was not drunk, but merry. About twenty minutes after Mansforth returned very much flurried, and said that he had been insulted by Yates. "That blackguard!" he exclaimed in an excited tone. "He has insulted me, taken away my bottle of whiskey, and struck me on the shoulder. Hawkesworth then advised him to leave his money under his charge, and Mansforth accordingly gave Hawkesworth three £1 notes, and a five shilling Burra order, from a pocket-book. Mansforth then left saying that he would put up his sheep, and Hawkesworth watched Mansforth go in the direction of his hut for about two hundred yards. Sometime between five o'clock and seven o'clock in the evening a scuffle broke out between Mansforth and Yates. While no one can know what happened, the unfortunate result was the murder of Mansforth. The ground had the appearance of having been the scene of a struggle. His body was dragged to the cover of some grass trees, which partially hid it, so that it could only be seen close by. From the appearance of the ground, the body of Mansforth had been drawn three yards from where he was killed. A pocket lay close by. Laying near the body was an open knife which was not very sharp. The knife resembled one seen in the possession of Mansforth. Nearby the body lay a stone and some fragments of a stick which were covered with blood and had grey hairs similar to those of Mansforth adhering to them. The stone was an iron-stone which was common to the area while the sticks were from a sheoak which also grew near the scene. Contused wounds existed on the back part of both hands and arms. The groin also was much bruised as if kicked. No bruise could be produced by a blow after death. A stick such as the one that lay at the scene would have inflicted the injuries on the arms. Mansforth's trousers had been unbuttoned and appeared to have been removed and then later but forced over his body. There was a stab on the left side of the abdomen, about half an inch in width and three inches deep. The wound in the abdomen corresponded exactly with the knife found near the body. There were cuts in Mansforth guernsey, drawers, and trousers which corresponded to the wound in the abdomen. The stab wound in the abdomen would, most probably, have proved mortal, but not immediately. If Mansforth had survived the attack, the stab wound would have probably induced an infection resulting in disease known as peritonitis. This would most likely have resulted in Mansforth's death within four days of the wound. Evidence indicates that the stabbing wound in the stomach was the first inflicted. Mansforth's head and face had been smashed in by a stone or some other blunt instrument. No vestige remained of the eyes, the nose, the left cheek, or the forehead. Several portions of the skull were missing, and there were contused wounds on the right cheek. The upper and lower jaws were both broken, and the teeth gone. Stabs appear on the upper and lower lips, and the latter being completely severed. The throat of Mansforth was cut form ear to ear and very jagged as if done by repeated cuts with a very blunt knife. The sheer brutality of the attack on Mansforth's neck resulting in dividing the arteries and vertebrae between his torso and head. It was impossible to say whether his throat was cut from the left to the right, or vice versa. It was difficult to know when his throat was cut for the separation of the carotid artery immediately after death would cause an effusion of blood nearly as great as if it was cut during life. That great arterial vessel running through the neck, when cut, rapidly emptied the body of all its blood. It appeared that Mansforth's throat had not been cut till he was beaten senseless by his assailant. Judging from the quantity of blood described, the frightful neck injuries could not have been done until Mansforth's throat was cut. Whether the fracture of the skull or cutting the throat would have caused instant death is unknown but Mansforth could not have lived many seconds after either attack upon him. Titcume next saw Yates about seven o'clock that evening. On his arrival, he was invited in by Titcume to join them by the fire. Yates entered the room where Titcume, his wife and John Tobin were having tea. Once in the room, Yates went up to the fire where Tobin was sitting and proceeded to get a light for his pipe. "Why, I thought you were gone to the head-station," Titcume said with some bemusement. "No." Yates replied very abruptly. Yates appeared to be behaving is a very strange manner while his face had a far away look. Upon lighting his pipe, Yates took more notive of his surrounds. He looked carefully at Tobin for a few moments and then gave a snort of recognition. "I think I know you," Yates stated with an air of certainty. "Why, master you are all bleeding!" Titcume's wife suddenly exclaimed startling everyone in the room. They all stopped what they were doing and began to stare at Yates. "No I am not!" was Yates replied quickly and defensively. "Yes you are!" Mrs Titcume reasserted in an unyielding manner. Mrs Titcume's horror had been aroused when she saw that Yates had blood all over his face and hands. Added to this there were some spots of blood on his trousers. She was worried about her cooking and did not want anything to be spoiled as a result of bleeding. "Stand back from the fire," Mrs Titcume cried out in exasperation, "because I've got bread placed before the fire to rise and I don't want any blood on it." Yates said nothing. Without any resistance he stood back from the fire as Mrs Titcume requested. He stood there silently smoking his pipe. "Why," said Mrs Titcume a little less stridently now her bread was not to be spoiled, "you've been fighting with the Old Sergeant." "I have not," replied Yates. On reflecting over this answer, he decided upon an explanatory afterthought. "The Old Sergeant returned to the Port Henry Arms." "I am sure that you have been fighting," Mrs Titcume continued pressing her allegations against Yates. Turning to Mr Titcume, Yates gave an enigmatic look. "Perhaps I have, perhaps I have not," was his whistful but muttered response. Mrs Titcume left the room and came back a few moments later with a scrap of rag which she intended to use as a bandage. With little hesitation and the confident actions of a practical person who is fully in charge of herself, Mrs Titcume tied the piece of rag around his left thumb. Since it was severely lacerated the thumb would not stop bleeding. The rag soon changed to the colour of blood. Since the wound needed cleaning and a fresh bandage, Yates asked for some water in a bowl. Titcume left the room and obtained a bowl with water in which Yates could wash his hands. When Titcume gave Yates the bowl, he proceeded to wash his hands in it. He cleaned his thumb and removed most of the blood from his face. At the completion of his ablutions, Titcume began to bind Yates' thumb with a fresh piece of rag. Yates' left thumb was cut on the back, between the first and second joint. It was unknown as to the cause of the wound on the Yates's thumb; he never revealed the true reason to anyone. Judging from the weapons available that night, it could have been either the knife belonging to Mansforth, the whisky bottle, or the sharp stone found near by the body. If Mansforth's throat was cut from behind, with the murderer holding the chin in the left hand, and the knife in the right, the killer would be very likely to cut his own thumb in the way that Yates's was cut. "You'll lose the use of your thumb," said Titcume while tying the rag. "It looks like its been cut with a knife." At this point, Titcume showed Yates his own thumb where it had been cut by a butcher's knife. When he moved the thumb around from the hand joint, the rest of it remained completely rigid. The display did not please Yates. He felt a certain fear enter into himself and take some control over his emotions. "The Old Sergeant did take a knife to me," explained Yates in an effort to account to everyone and himself for the cut. Yates paused for a few moments reflection and then added; "The cut might have been done in the row." "You must have had a deuce of a row with the old man for him to use a knife!" Titcume exclaimed with consternation. Although Titcume knew that Mansforth could occasionally be violent, he had only heard rumours about Mansforth using weapons in a fight. "Perhaps I have and perhaps I haven't," remarked Yates to no one in particular. However, the repeated questions began to take their toll. Yates could feel a certain frustration well inside of himself with the way things were going. Any person could realise that once the body of Mansforth was found, everyone would suspect him. The continued references to blood confirmed this conclusion. Yates began to feel agitated. In an effort to regain control over events, he stated loudly for all to hear; "Those who could see nothing could say nothing, and those who did see I will take bloody good care shall say nothing." Yates thought for a minute. "The old bugger, let him lay," Yates muttered to himself. "If you were having a row with the Old Sergeant," explained Titcume feeling concerned for Yates, "you had better go and see Mr Slater." "Yes I will," agreed Yates. "I'll go to Jemmy Bentley's house tonight and go to the head station in the morning." At that, Yates took his bundle departed the Titcume's house. About half an hour later, at 8 o'clock in the evening, Yates arrived at the Adams hut. Sitting in the hut was Thomas Adams, Kudnarto and two visitors. Yates knocked and called through the door. "Could I have a light for my pipe?" he asked. "Walk in and get one," replied Adams. Yates put his bundle down by the door, and walked up to the fire. He stood with his back towards the fire and faced the men in the room. "Don't you know me?" said Yates. Adams looked at him carefully. "Yes," replied Adams on recognition. "You were hut-keeper for the Sergeant." "Yes, I am," agreed Yates, "I am going into Mr Slater's head-station to do some work." Adams looked at Yates face. He then noticed some blood on his cheek. "I suppose you've been quarrelling up at Mr Hoile's, as you've got a cut on the face." "No I haven't!" exclaimed Yates as he growned inwardly with distress and anxiety. After all, he had just washed himself down at the Titcume's place. He didn't expect to show any further traces of blood. Now here was Adams making the same insistant claims as those made by Mrs Titcume. To settle the matter, he needed to view his reflection. He looked at Adams and asked; "Bring me a looking glass." Yates walked towards the light cast by the lamp suspended from the cieling while Adams brought him a looking glass. Yates took the mirror and looked at his face searching out for signs of blood. As Yates was gazing searchingly in the mirror, Adams realised that it was only one or two spots of blood rather that a cut. "The old fellow and I," clarified Yates who was now feeling rather poorly, "had been having some words together. The Sergeant had carried a big stick with him. We always agreed very well together, too, though he has had many living with him who would not stay." "The Sergeant must have carried a big stick or knife with him," said Adams looking at Yates. "Your thumb is cut." "Titcume had told me that I wouldn't have use of it," explained Yates. He noticed that the bindings he had placed upon his thumb at the Titcume's were now soaked in blood. Yates needed a new rag to bandage his wound. "I would like some rag to bind it up." Adams' wife, Kudnarto, got some scraps of white rag for Yates. During this time she had noticed that there was a great deal of blood over Yates' trousers but had said nothing in deference to her husband. Adams inspected the wound. Afterwards he bound up Yates' thumb to stop the bleeding. "I do not think," reflected Adams in a helpful voice, "that you will lose the use of your thumb from that cut." "It is getting late," said Yates yawning. "Would you let me stay till morning? I should be much obliged." "Yes," Adams replied, "you are welcome to do so as you are going to Mr Slater's." Yates then put his bundle on the sofa. Carefully and furtively he opened up his bundle. No one was able to see its contents. However, what he saw gave him great cause for concern. "Damn the bundle!" Yates swore to himself a few times while rummaging around the bundle. He rummaged around in his bundle for a few minutes. Then he tied the bundle up and joined everyone else. "My head aches," complained Yates. "Can I lay down?" "Yes," replied Adams. Yates lay down upon the sofa in an attempt to get some sleep. His mind was churning over the events of the previous hours and he knew he was facing real trouble. As Yates lay reflecting, he felt very restless and uneasy. "He looked plenty cross," said Kudnarto as she pondered on Yate's behaviour during the night while giving direct testimony at Yates' Police Court arraignment on 4 August 1850. "Me sure him kill the Sergeant. He ask to lie down, but him have but picaninny sleep, and swear in the night." During the night, Yates got up. Kudnarto heard him move around and go out of the house. Later on Yates came back inside the house again and lay down. Sometime later Yates repeated this process by going out and returning some time after. The noise was enough to keep Kudnarto awake. Although she was in bed in another room, Yates' restless behaviour was noisy enough to be heard. Her husband, however, had slept soundly and didn't hear a thing. Next morning at about half past five o'clock, Yates arose along with all the other members of the Adams' household. Yates felt very sick. Possibly the lack of sleep and tension of previous events caused the mailise. "I'm going to the Port Henry Arms and get a glass of grog," Yates told Adams when he was ready. "My head aches." Adams looked at Yates' appearance. Being also a reformed alcoholic, Adams knew only too well the effects of Yates' intentions. "Instead of that," advised Adams, "stay and have a cup of tea." "No," declined Yates as his mind was already made up. Quickly he took his bundle and departed from the Adams' hut. He went in the direction of the Port Henry Arms which was in a contrary direction to Mr Slater's. It was six o'clock in the morning when Yates arrived at the Port Henry Arms. Everyone at the public-house was still in bed. Yates went to the front door and rapped it loudly and insistentyly. This knocking eventually woke up Hawkesworth whose bed was in the public bar. An early morning visitation by Mansforth was his usual behaviour. Consequently, Hawkesworth believed that the visitor was Mansforth as got out of bed and he wandered to the door. The knocking occurred again. "Hold on Sergeant," Hawkesworth cried out impatiently, "I'll be with you in a moment." Hawkesworth then opened the door of the Port Henry Arms and was surprised to see Yates. Yates looked at him. "I want a glass of something to drink," said Yates in a plaintiff tone. "Some ale." "I can't give you anything," explained Hawkesworth. "You will have to wait until I can get the keys from my mistress." Hawkesworth invited Yates to enter the public house. Yates walked in and to warm himself up, he sat on a chair next to the fire. Hawkesworth had stirred up the embers and put more wood on the fire. Afterwards Hawkesworth went off to get the keys from Mrs Hoiles. Both Mr and Mrs Hoiles were now up and around the house. Mrs Hoiles was busy cooking food for the guests while Mr Hoiles was undertaking cleaning and maintenance duties. When Hawkesworth came back to the bar, he unlocked the alcohol stocks and poured Yates a glass of ale. While drinking his ale, Hawkesworth sat on his bed and began to talk about Yates' behaviour of the previous evening. The first subject he raised was the allegations that Mansforth had made against Yates on the previous night. It was not a subject Yates wished to spend much time upon for he vaguely said that he might or might not have struck Mansforth. However, to set Hawkesworth at ease about the whole affair, Yates stated that he would go and see Mansforth later on. Yates declared that he hadn't seen Mansforth that night for he had slept over at the Adams' house. When this topic ended, Hawkesworth proceeded to express his concern over Yates' insulting conduct towards Miss Clare. Yates expressed his sorrow at his undignified and rude suggestions he made to her. He expressed a determination to apologise to Miss Clare as soon as he possibly could. While Yates was expressing his contrition about his behaviour towards Miss Clare on the previous evening, Miss Clare entered the room and sat by the fire on a form. After expressing his apology towards Miss Clare, he turned around with his back to Miss Clare to speak to Hawkesworth. Miss Clare could see Yates' back. "You are quite over blood," Miss Clare remarked with concern to Yates when she saw that he was covered with blood. "The blood is from my thumb," clarified Yates in a sharp voice. "I fell down twice and cut my thumb the day before," This drew Hawkesworth's attention who turned around to view the state of Yates' dress. He then saw that Yates had spots of blood all over his clothes. Also tied upon his thumb was a bloodied white rag. "I don't believe it," scoffed Hawkesworth with an air of total disbelief. "I expect it was from the bottle." "I wish that Mr Titcume would come over," commented Yates whistfully. "I left a bag with him yesterday and now I want to get it." "Mr Titcume is up now." Hoiles commented as he walked into the room. "Would you like some breakfast?" "No," he replied, "I'm in a hurry." Yates paid for his two ales with a six penny coin and left for Titcume's house. At about 7 am, Yates arrived at Ticume's house. Yates asked Titcume for the bag he had brought the fat in the previous day. Yates wanted the bag now even though he had said on the previous day that the bag would be collected by the Manforth. Titcume gave him the bag. "I'll go and see how the old Sergeant and his sheep are getting on," said Yates by way of explanation. While he was at the Titcumes' house that morning, Kudnarto passed by with her herd of sheep. She decided to call in to see the her good friend, Mrs Titcume. As they stood talking, Kudnarto she saw Yates talking to Titcume. Since Kudnarto and Mrs Titcume were engaged in conversation, Kudnarto paid very little attention to Yates. After receiving his bag Titcume, Yates walked over to Slater's head station. When he arrived, Slater was busy with other duties and unable to attent to Yates. He had a message sent to Yates asking him to wait a short time. An hour later, Slater finished his task and was able to receive Yates. Examining his wages records, Slater claculated that on the Saturday he would owe Yates some thirty-two shillings less half a crown for stores received by Yates. The balance of wages on account to Yates was then £1 9s. 6d. During the finalisation of Yates' wages, a man known as Rush, who was standing near by, informed Slater that he owed Yates eight shillings. He asked Slater to pay Yates and later on deduct it from his wages account. Slater did as he was requested and wrote out a cheque for £1 17s. 6d.. Although Slater didn't want Yates as a hut-keeper any more, he thought he could use him for other activities. As an alternative, he offered Yates some bushwork, which involved constructing yards and pens. Yates declined the offer because he said he did not have the skills to undertake such work. Then Yates expressed the desire that he wanted to get a place as a bullock driver. "The old Sergeant was not at the hut last night," said Yates to Slater by way of conversation. "Where are the sheep?" Slater asked. "Don't worry," replied Yates in an effort to reassure Slater, "they are all right. Some black gins drove them home last night." The women that Yates was referring to was Kudnarto and the wife of George Murray who lived three kilometres from the Adams house. "I suppose," Slater mused to Yates, "that the old man had been drinking as he had money." "I don't know," Yates replied. Yates departed from Slater's head-station and went to get a ride to Adelaide. Meanwhile Slater had not been able to determine whether any Aboriginal people had been in the neighbourhood of Mansforth's hut. When he arrived at the hut, Slater found the sheep had been properly folded. An examination of the inside of the hut revealed that no one had slept there during night despite Yates' assurance that he had done so. This puzzled Slater. Later that afternoon, at about three o'clock, Kudnarto was driving her flock of sheep towards her hut. While walking along with her flock, Kudnarto saw Mansforth's kangaroo dog bitch and two pups in a gully, by a tree. She walked up to them and found Mansforth lying on his back under some grass trees. At first Kudnarto thought that he was drunk. However, on seeing some fragments of stick covered with blood laying upon the ground she went to Mansforth and saw that he was dead. Kudnarto was very much frightened and screamed. Hurredly she made her way over to the Titcume's house in a state of high anxiety and excitement. In a funk, Kudnarto gave her information to her friend, Mrs Titcume. The news presented a great deal of horror to Mrs Titcume who promptly called her husband. Titcume arrived and Kudnarto told him that she had found a dead body in the bush. Both Mrs Titcume and Kudnarto went to the Port Henry Arms where they informed both Hawkesworth and Hoiles. At about 4 o'clock in the afternoon, Titcume left his butcher's shop and walked in the direction that Kudnarto had given for the body's location. After Hawkesworth found out, he took Hoiles' horse and galloped to the site. Hoiles came into the room where James Henderson and was sitting with Thomas Warriner, and told them that a man had been murdered close by. Both Henderson and Warrimer left together and went in the direction indicated by Hoiles. The first to arrive was Hawkesworth followed by Titcume, then Henderson and Warrimer. When they arrived they espied the dead body of Mansforth. He was lying on his back, his face and forehead beaten in, the brains gone, the throat cut from ear to ear, a stab through the lip, a cut across the left hand, the right hand bloody but not wounded. The body way lying in a pool of blood. The kangaroo bitch growled at the people when they approached. They thought that she had remained there from fidelity to Mansforth. The men moved the remains from the site. They put Mansforth's body onto Hoile's cart and removed it to Port Henry Arms' stables, which was about half a mile off. The men returned back to the scene with the cart in an effort to remove other items of evidence. On the return of the cart, they found that the lower jaw of Mansforth had disappeared during the interval of their absence even though they had not gone for more than a quarter of an hour. The men therefore came to the conclusion that Mansforth's bitch and pups had been feeding upon the mangled remains of her master. Mansforth's remains were mutilated. They concluded that the mutilations appeared to have been done by the dogs, which had also probably eaten the brains. On Thursday evening Messrs Henderson, Warriner, Titcume and Hawkesworth came over to Slater's head-station and informed him about the death of Mansforth. In their company, he went to the Port Henry Arms, to where the dead body was lying. When he saw it, Slater immediately identified it as the corpse of Mansforth. Slater sent one of his employees to Clare to advise Edward Burton Gleeson JP who was also the Coroner, of Mansforths' death. A further message was sent to the Mounted Police stationed in Clare to assist with the investigation. On Thursday, 25th July 1850, Yates obtained a ride with Philip Berregan to Gawler Town. He stayed the night and continued on foot the next day. Later that day on Friday the 26th July 1850 Yates obtained a ride from John Hughes, a coachman in the employ of Jemmy Chambers, a general cartage contractor. Hughes' job was to drive the mail between Adelaide and the Gawler Plains. The cart he was driving was the usual bi-weekly cart which had left Clare on Thursday morning at six o'clock. When Hughes saw Yates, he was walking along the road between Para and John Smith's Hotel. Hughes drove to Hawkins public-house, near the Dry Creek where Yates disembarked. While Yates left his bundle in Hughes' cart, he took another cart to Adelaide. The bundle ended up at Chambers' office in Hindley Street. At Hoiles' Port Henry Arms on Friday, 26th July 1850, an Coronial inquest was held into the nature of Mansforth's death. The Coroner, Gleeson arrived from Clare. He was accompanied by Charles Houlton Webb, the medical practitioner who was used in such matters and a police trooper. Webb examined the body and gave his conclusion to the Coronial Inquest that Mansforth had all the signs of being murdered. The inquest heard further evidence from Titcume, Hawkesworth, Adams and Kudnarto about what they saw and their conclusions. From the evidence presented, the Coronial Inquest issued a verdict of wilful murder against Yates. The verdict was then transmitted to Adelaide by the trooper with a request to arrest Yates on sight. On Saturday, 27 July 1850, Slater was riding through the bush to the murder site when he found the pocket-book belonging to Mansforth. This was the pocket-book in which Mansforth entered his memoranda about the sheep. It was lying on the ground and the individual pages were strewn all about. The pocket-book had all the appearances of having been hastily torn open and discarded. A Burra order for five shillings was later found by Slater. It was blown against a grass tree. Slater also found pieces of an ale bottle with the cork badly damaged. He gathered the various pieces with the intent of using the items as evidence should they apprehend Yates and send him for trial. On that same day, at seven o'clock in the evening, in the Adelaide Police Station, Inspector Alford received the notification from the Clare Coroner from the Mounted Police to find and arrest Yates for wilful murder. In the company of Sergeant Soper, Alford went to the various hotels in Adelaide in an effort to track down Yates. At eight o'clock, they went to, William's City Bridge Hotel which proved to have Yates as a guest. "James Yates?" asked Alford when he first met Yates. "Yes, that's me," replied Yates confirming the identification. "We would like you to accompany us to the Police Station," Alford explained to Yates without revealing the real purpose of their visit. "I have a bundle at Mr Chambers in Hindley Street," replied Yates. "I think I should get it." The three men left William's City Bridge Hotel and proceeded to Chambers' office and collected the bundle. Then they went to the Police Station. "Have you ever been to Port Henry?" asked Alford. Yates was confused by the question. He did not know whether Alford was referring to the town of Port Henry or the Port Henry Arms. "No, I have never been there," Yates stated clearly opting for misunderstanding rather than accuracy. "James Yates," said Alford in a stern voice, "I am charging you with wilful murder of an unknown man at Port Henry." "Murder?" exclaimed Yates in a stunned voice. At this moment Alford began looking at the contents of Yates' bundle. In it was a pair of trousers, a pair of blankets, and other articles stained or spotted with blood. Yates noticed Alford examining a blood stained blanket. He felt a rising fear and a need to justify the blood stains. "I am a butcher by trade," said Yates. Alford directed constable Carl Gors to search Yates at the station-house. Gors described the matters taken from Yates's pockets. He found two half-crowns and a a fourpennypiece in silver, six half-pence, a small knife, a tinder box, a pipe, two handkerchiefs, and a piece of steel. There was a bundle containing a pair of blankets, a pair of trousers, a pair of braces, a shirt, a razor, a cotton bag, a tin box, a comb, some tobacco, a shaving brush, a piece of blue stuff, and a parchment, signed by Sir William Denison, and dated 5th October 1849, giving conditional pardon, to James Yates, who was sentenced at Lancaster in the year 1837 to fourteen years transportation, and arrived per ship Neptune. The shirt and trousers were spotted with blood. He also observed some spots of blood on his braces. Later that evening, he was taken to the Police Court and charged with wilful murder of a man, name unknown, at Port Henry, on or about 24th July 1850. He was remanded to appear in court the next Saturday 3rd August 1850. After listening to the evidence presented at the Police Court on Saturday 3rd August 1850, the Magistrate cautioned Yates that he was charged with the wilful murder of John Mansforth at Skillogolee Creek on 24th July 1850 and that anything he said from now on would be taken down and might be used as evidence against him. Yates declined to say anything. He was then remanded to appear at the Supreme Court for his trial later that month. The Trial At Adelaide, on Monday, August 19, 1850 James Yates was brought to the Supreme Court and charged with the murder of John Mansforth. The charge was read out to Yates and he was asked by the clerk how he pleaded. "Not guilty!" Yates replied in a firm tone. From the bar of the court sitting before Justice Crawford, the Advocate General, William Smillie, opened the trial when he addressed the Jury. "It is our very responsible duty this morning," he said, "to investigate the most serious charge that can be brought against any human being, the murder of his fellow man. It is not my duty to enlarge on the particulars of this crime, and even if it were, every circumstance in this case could add to the horror and disgust which its recital must excite in the breast of every one. "Yates and Mansforth were both in the service of a gentleman named Slater, and were inmates of the same hut, the latter being employed as shepherd and the former as hut keeper. Mansforth was a military pensioner, of steady and respectable habits, highly esteemed by his employer, and had left a wife and family to deplore his loss. "On the day preceding his murder (the 23rd July) he had been to his employer for the purpose of receiving his quarter's wages, amounting to £6, and that gentleman, after paying him, had sent by him a message to Yates to the effect that Yates was to come to him on the 24th, as his engagement would terminate on the 26th, and another man was ready to take his place. This was on a Tuesday. "On the Thursday Yates did come to Mr Slater, and that witness would detail what then transpired between them. From some arrangements that had been made between Yates and Mansforth, the latter came to Hoile's public-house on the Wednesday, and there met him, and what occurred there would be related by the barman, Hawkesworth. Yates had seen him pay for a bottle of whisky with a six-pound cheque, and receive the change, amounting to about £4. Some time later he leaves the house, followed by Yates; and after the expiration of about twenty minutes, returns; complains to the waiter of ill-usage from Yates and from his persuasion leaves his money under his charge. He then goes away, taking the same road that he did before - the same which Yates had taken, it being towards their hut. This was the last that had been seen of him alive. "We then pass over an interval of about three hours, and find Yates at the house of the witness Titcume, and there admitting that Yates was involved in a conflict with Mansforth, to account for his thumb being cut. The Jury, also would well weigh some expressions mad use of there by him. Yates then goes to the hut of Adams, and there passes the night, and there as well as at Titcume's his manner is strange, and his clothes covered with blood. That night Yates is sleepless, he walks about, mutters strangely. "Yates has yet another object to accomplish, which accounts for his remaining so long near the scene of his crime, and where the evidence of his guilt are still existent. Yates has yet to receive the balance of his wages. Had Yates obtained from the pocket-book of Mansforth the paltry reward of his fearful deed, Yates might have escaped from the toils of justice but Yates is unprovided with that for which he had periled his life, and therefore next morning goes to his employer, and tells him that he had slept at the hut that night, but that Mansforth had not come home, his sheep having been brought home by two native women. Yates then quits his master's service two days before the expiration of his term of service, and comes to town by the mail cart. "But Providence, in its inscrutable decrees, would not allow this barbarous murder to go unpunished and reserved for the humble agency of a native woman the discovery of the mangled body of the murdered Mansforth. The medical witness would prove, indeed medical evidence was hardly necessary to do so, that Mansforth could not have met his death otherwise than be the hand of man, Near the body are found the instruments with which the crime had been committed - a bloody knife, corresponding to a wound in the abdomen, a large ironstone, and fragments of stick covered with blood and hair. It was not necessary to inquire in what sequence the blows had been inflicted, or by what particular agency the life had been destroyed: it was enough for them to know that say one of them would have sufficed. "On the Saturday Yates was apprehended in town by the police, whose vigilance in the matter deserves the highest praise, on information which had been promptly forwarded immediately after the discovery of the body. In his bundle were found clothes saturated with blood, and although that might partially accounted for by the cut in his thumb yet that wound no one could scarcely have shed the quantity with which everything that Yates wore was stained. But they would also remember that the only way in which Yates had attempted to account for that cut was that he had fought with Mansforth. "I will now call witnesses to substantiate the statements I have made and I think the case would be established so completely that you the Jury would have no other alternative than, however painful to you individually, and awful in its consequence, to convict Yates." After all the evidence was given by the various witnesses and cross examination was completed, Mr G.M. Stephen, the counsel for Yates addressed the Jury for the defence. "I can not," Stephen said, "expect the same attention from you, wearied as you must be in body and mind, as you doubtlessly would bestow it if I had the advantage of addressing you at an earlier period of the day. I much regretted that both the learned gentlemen who were named by his Honour as likely to assist in the defence of Yates, had declined that onerous task, on the ground that his Honour had not made the request personally to them. It really is a task involving such responsibility, that few gentlemen would undertake and it would also entail a considerable loss especially as have gentlemen acted as attorneys as well as barristers. In every point of view I much regret that refusal, for I feet that on my exertions in some degree depends the life of Yates. "I am, however, satisfied that I can convince the Jury that Yates is not guilty of killing Mansforth with malice aforethought, a necessary ingredient in the dreadful crime of murder. So certain am I that I could do so, that I will not attempt to rebut the presumptive evidence relied on by the Crown, that Yates inflicted the blows which occasioned death in that lamentable case. I will admit that, but will also show that the manner did so when he was not in perfect possession of his self-command, or that he had not acted on premeditated malice of murderous intention. "I would call the attention of the Jury to the evidence of the barman from which it appeared Yates had drunk three glasses of rum and although drunkenness did not exempt a man from the consequences of crime, still, in the capital charge of murder, it was competent to the Jury to take that fact into consideration, when weighing, as you were bound to weigh, the motives which led to the outrage, whether it arose from the impulse of momentary passion or from a deliberately formed design. The learned Advocate called attention to the fact that the murdered man carried away a bottle of whisky, and that Yates had in his intoxication insulted a young woman in the public-house - that nothing could be more reasonable than to suppose that a quarrel and fight ensued between the friends, the murdered man and Yates. "That case rested wholly on presumptive evidence. The leaned Advocate had an undoubted right to draw any reasonable inference from the facts, and I have an equal right to draw equally reasonable inferences favourable to Yates from the same facts. The learned Advocate referred to certain points to aid the judgement of the Jury, but fortunately for Yates not one of these points applied to the present case. Yates was not sober. He had not threatened Mansforth, nor was he shown to have lain in wait for Mansforth. "Now comes the consideration of the temperament of Mansforth. The very fact that he left his family and retired to the comfortless life of a shepherd in a remote station, would prove that he was a man of bad temper. In addition to that it was shown that he was a bad hut-mate, and that there were no less than four hut- keepers employed by Mr Slater in the short space of nine months. If the Jury is to take the words of Yates against him, you are equally bound to take them in his favour, and believe him when he said he had a shuffle with the Sergeant, who drew his knife and cut Yates' thumb. "If then a scuffle were admitted, and I do not think it can be denied, I call attention to a decision by Lord Tenterden in the King v. Lynch, 5 Carrington and Payne. I also refer to the direction of Chief Justice Tyndall in the case of George Hayward, 8 Carrington and Payne, both cases of stabbing, but in one, the crime was committed in the heat of passion, the other, after time had elapsed to allow passion to subside. In one case the accused was found guilty of manslaughter, and in the other very properly murder. I dwell on these cases because they placed in a strong point of view the proper law of the subject. "I will call attention to a fact that will prove incontestably the importance of Yates hiring a counsel to watch over the evidence advanced against him - a fact that has, I firmly believe, escaped the notice of every other person in the Court. The two pieces of stick produced were of different timber - one a stick prepared evidently by a shepherd in idle moments, and the other a branch of sheoak evidently torn hastily from the tree - and in the paper of splinters produced, you will find fragments of each stick clearly proving, by such evidence as the Providence of God supplied to aid human judgement in such solemn investigations, that a struggle had taken place. If it was said by the counsel for the Crown that there was no proof that both sticks were not used by one person I will ask how came the knife of Mansforth to be open? How came my client's thumb to be cut? The sticks must have been used before the stone, as the surgeon informed you that death ensued immediately after the stone was used, therefore it was evident that there had been a fierce struggle, and sticks broken, that a knife had been drawn a wound inflicted, and there was blood on the inside of the hand of Mansforth, which was partly closed as if it had grasped the knife. The bruises also were given during life, both on the hands and the body, all proving that there was a fight which resulted in the death of one of the combatants, but there is no proof of malice aforethought. "There is proof that a man was slain, but there is no proof of premeditated murder. Much of the mutilation which invests this case with such horror is to be traced to the dog, which is known to have devoured part of the face of the unfortunate Mansforth. But no amount of mutilation after death could add to the enormity of the offence of killing. No outrage to the dead body could alter the circumstances of the killing, which was simply homicide, into wilful murder. Barbarous as was the manner in which the throat was cut, it was quite a conceivable act on the part of a man excited by strife and intoxication, and maddened by pain. "The probability that Yates was actuated by a desire to gain a few pounds which he thought Mansforth had in his possession. But there was an amount due to Yates, which he could not hope to receive after committing a murder, and the balance was so trifling as to render the supposition preposterous that any man would imperil his life in this world and his eternal salvation in the next for such a paltry amount. I will again refer you to the opinions of the learned Judges who I have read to you - opinions which are the acknowledged law of England. Guided by such directions, I believe you can not find Yates guilty of murder, while I admit it is your duty to convict him of manslaughter. "As to the fact that the pocket was torn from the trousers of Mansforth, that might be accounted for on the presumption that it was torn by Yates to bind up his wounded thumb. "Among the many points imported into that case, I will refer to the statement of the native witness, who remarked that he was restless all the night, yet it appeared she slept in a different room, and other men lay in the room with Yates who was restless. Then you can not but have observed the unwillingness of some of the witnesses to give a fair answer. "Another point is extracted most unnecessarily from a policeman, that a conditional pardon was found on Yates; that could only have been done with a view to excite a prejudice against him as it being unfortunately the fact, and I will not say whether correctly or not, that a great prejudice was entertained by the people of this province against such men; but as it has been referred to, I will call on you to take it as a proof of long continued good conduct on the part of its holder, as under no other conditions could he obtain it." Mr G.M. Stephen, the counsel for Yates, then in a most eloquent peroration, grouped his principal points. With a thrilling appeal to the justice and mercy of the Jury, he concluded an address which occupied an hour and a half in delivery. Justice Crawford, in summing up, gave his final directions to the jury. "The line of defence," said Justice Crawford, "adopted by the learned counsel for Yates simplified in some degree the important question for their decision. As the fact of homicide was not denied, the question for you was the intention of Yates when he deprived Mansforth of life." Here Justice Crawford read the legal definition of the malice which the Jury must find influenced Yates before they could convict him of wilful murder. "I will now comment on various portions of the evidence. I direct the attention of the Jury to the demeanour of Yates and particularly to his ferocious declaration that 'he would take damned good care that those who could say anything should say nothing.' "Any natural inference is drawn by the counsel for Yates from the circumstance of there being fragments of two sorts of sticks found near the body that a struggle had taken place. It is, I will admit, very natural that a deadly struggle would be maintained by a person seeking to save his life. But then I certainly understood the witnesses to say that blood and hair were on each stick; it so...." "I beg your Honour's pardon," interrupted Stephen, "there was blood on both sticks, hair on one only." "I call the attention of the Jury," Justice Crawford carried on, "to the fact that Yates had thrown his glass of rum into Mansforth's beer. It was indeed said by the witness to have been done good naturedly, but it is for the Jury to consider what his motive could be. "Then again, his way was to the head-station, whereas, when he left the public- house, he went in a different direction; it would be for them to account, if they could, for his change of mind. "Then it appeared that Mansforth put the change he received at the public-house into his pocket, and not into his pocket-book. That same pocket was afterwards found torn from his trousers; you will consider whether Yates observed him place the money there. "Yates told the people in the public-house that he had himself cut his thumb; and again he said, 'The old fellow had cut his thumb.'" After a minute recapitulation of every point, Justice Crawford concluded with the direction that, if the Jury believed the killing was intentional and without and without justifiable cause, they would find Yates guilty of murder. "Will not your Honour instruct the Jury that a killing in the heat of blood is manslaughter?" asked Mr Stephen. "I have directed the Jury in the words of Mr Justice Littledale in the King v. Harvey, 10 Barnewall and Cresswell," replied Justice Crawford. "I beg to hand your Honour much later authorities," pleaded Stephen. Stephen approached the bench and gave Justice Crawford the relevant references. Justice Crawford perused them. "I regret," said Justice Crawford to Stephen, "I can not modify my direction to the Jury." At the direction of Justice Crawford, the Jury retired at half-past nine o'clock. They returned in ten minutes with a verdict of Wilful Murder. "I move an arrest of judgement, your Honour," called Stephen, "on the grounds of misdirection. I repeat your Honour's words, 'That if the killing was intentional, and not justified. It was murder.'" "Such was my direction," agreed Justice Crawford. "Will your Honour defer sentence until I move the Court on that point?" asked Stephen. "I can not do so" replied Justice Crawford. "May I look at the indictment?" requested Stephen. He paused for a moment. "No, I will not move the Court." Stephen sat down at the bar. The police guard standing next to Yates prompted him to stand up and face the Judge. A few uncomfortable moments passed. "James Yates," asked Justice Crawford looking intently at Yates, "do you have anything to say why sentence of death should not be passed on you." "I never intended to kill the man," declared Yates in a wavering voice. In dejection, he slowly added more in an attempt to bolster his own position; "I was always on friendly terms with him." The court went silent again. Justice Crawford put a black hat upon his white, horse-hair wig. He adjusted his red robes and stared at Yates. "James Yates," said Justice Crawford in a slow and solemn tone, the effect of which was the more painfully impressive from being imperfectly heard, "it has now become my painful duty to pass the sentence which the law proclaims shall be inflicted on all against whom the verdict of wilful murder is returned. "I confess I cannot dissent from the justice of the verdict notwithstanding the able and ingenious defence made for you by your counsel. You have been ably defended, and the evidence being patiently heard. It was quite true you have been on terms of friendship with your victim, but that fact only tended to show the desperate depravity of your heart who could send with all his sins upon his head the man before his Maker whom you had been living with in terms of friendship. I earnestly beseech you to make good use of the time allotted you in this world. "The sentence of the Court is that you be taken from the place where you now stand to the place of confinement, and thence on Tuesday, the 5th day of September, to the place of execution, and there hanged by the neck until you are dead, after which your body shall be buried in the precincts of the gaol, and may the Lord have mercy on your soul." Yates heard his sentence unmoved, and maintained a considerable firmness of manner, but the workings of his face proclaimed the bitterness of the agony within him. The Court was adjourned until ten o'clock the next morning. Postscript - Yates was hanged at Adelaide Gaol on 5 September 1850 with his body being buried in the prison grounds. By a curious coincidence, both Judge Crawford and the Advocate General followed Yates to the grave prematurely in 1852, just a little over two years following the death of Yates. Some have speculated that this is the coming to fruition of the curse Yates is supposed to have placed upon these two men who forced him to an early grave. During the arraignment hearing, for the first and last time in her life, the actual thoughts of Kudnarto are given voice and published as a verbatim report. When she was called to give evidence, at first she was treated with little dignity. Her comments reflect this when she gave her background. "Mary Ann Adams, a Christian aboriginal native, married to Thomas Adams, stated that she had been in the native school but did not often say her prayers." These questions were not asked of any other witness. However, despite the implied racism, she continued to give her evidence with dignity. On the first question by the magistrate, Kudnarto misunderstood the answer required. She was asked about the body and the prisoner. In answer she said that she had seen them both. At this point, her husband asked for the court's indulgence to assist in properly explaining the questions to Kudnarto. This was allowed and she followed his direction. In her own words, she replied: "No, no, me no see 'em dat man in the bush near dead man." In an attempt to humour her, The South Australian Register of 5 August 1850 goes on to say that: "The horrors of remorse were powerfully described in the simple language of the child of the forest." Such a saccharine and condescending sentiment is insulting to a mature woman who was far from a 'child of the forest' but better described as a bucolic battler. However, despite well meaning whimsical statements, The South Australian Register spoke kindly about Kudnarto. Her appearance was favourably commented upon. So too did they marvel that a Christian Aboriginal woman was able to give testimony in good English. The uniqueness of this situation aroused interests for there were singular rules dealing with Aboriginal evidence and its acceptance in a court of law. Aborigines were not taken seriously in court. Because the Magistrate could not ascertain whether she was a Christian woman, he refused to take her testimony under oath. Her stature had not altered even though enduring the hardships associated with farming. The South Australian Register described Kudnarto as being: "Neatly dressed in the costume of white women of her class, her hair hanging about her head in rich profusion, she certainly appeared to considerable advantage ..." During the trial held on Monday, 19 August 1850 at the Supreme Court the only point of note in relation to Kudnarto is the presumptive attitude of the Judge when he said that he had; "... recently examined this woman as to her religious knowledge, and come to the conclusion that she was not fit to be put on oath. He directed her to speak the truth, which she promised to do." This is very reflective of the editorial contained in The South Australian Register a few years prior to this trial during the debate over the Aboriginal Evidence Act of 1844 when Adelaide people already widely knew that Aborigines were thieves and liars. Also Aborigines proved incapable of understanding the simple truths of British Justice and Christianity. In reality, as concluded later by the then Chief of Police, Major Warburton, the beauty of British Law was wasted upon those who couldn't understand its principles. For Yates, it was a short and brutal end to a man who received little sympathy from the community. With the end of Yates' life, the lives of the good people at Skillogolee Creek returned to normal. Back to Skilly Creek The holiday in Adelaide cost them a great deal. Even though they applied for reimbursement from the government for the expenses of being witnesses to Yates' trial, their application was turned down. After the trial, Kudnarto and Adams returned back to Skillogolee Creek. Despite the thrilling interlude of Yates' trial, little changed at Skillogolee Creek. Poverty still plagued the Adams family. Things appear to have become extremely desperate with the family finances. Little evidence exists of any crops being grown upon the land. The main activity undertaken by the Adams was sheep rearing. It also appears that few, if any, improvements had been made to the land. In pursuit of this desire and to overcome the family finance crisis, Adams was moved to write to Moorhouse on the 17 th January 1851. The He felt that he could raise funds through renting out his land. This was specifically prohibited for Moorhouse believed that Adams was a drunk and would invest the proceeds in the nearest hotel. Thus when Adams request permission to lease out the property, the reply of Moorhouse details the nature of the request on 30 January 1851 when he replied: In reply to your letter of the 17 th January requiring permission to let your section and select a spot on unsurveyed ground upon which to settle with your wife I have to state that your application has been laid before His Excellency and His Excellency cannot grant your request. Two issues clearly stand out in Moorhouse's response. Firstly, Adams makes no mention of the loss of property that he so feared in his earlier correspondence when inquiring about his position should his wife die. At this point in time, Adams displays no great attachment to his property. He makes it well known to Moorhouse that he is ready to relocate his family to another property. The readiness of Adams to move without any hint of problem tends to indicate that the investment by Adams upon the land was little. While this letter is a restatement of Adams' application, Moorhouse is a scrupulous interpreter of Adams intentions. He fears the consequences of allowing Adams to gain income without any labour. The purpose of the land was to provide the Aboriginal people with the opportunity to settle upon them. They were not seen as free gifts from the government for opportunistic shepherds. By leasing out this section Adams would be able to reap a rental which would provide him with an income stream. In 1848, Moorhouse already suspected this desire and in his letter to the Governor about the application of Adams, specifically sought to disallow any ability to sublet the land as part of the licence to Kudnarto. Never one to accept a decision, Adams sought to obtain a lease through subterfuge. Later on that year, Adams suggested that his friend, George Thomas Green, of Penwortham, write to Moorhouse about subletting some land from Adams. Green agreed and sent an application to lease a portion of Kudnarto's land to Moorhouse. Through bureaucratic ineptitude, in this case, the letter was mislaid, it took over half a year to respond to Green's request. In his response, Moorhouse iterated the conditions under which the land was made available to Kudnarto and denied the request. This was the last known request made to Moorhouse. The restriction on leasing out the property did not prevent Adams from eventually renting sections of it out to others. However, when he did so, he failed to contact Moorhouse. Consequently, it is unknown how long Adams leased out his land. It is known that the land was already rented without the permission of Moorhouse when Kudnarto died. Next year, Kudnarto became pregnant again and gave birth to her second son Tim on 11 October 1852. While there was a three year gap between the two sons, one can only speculate if she miscarried some children, either induced or otherwise. It was not unknown for Aboriginal women to destroy children during lean times or when a male child was still suckling. Usually a child continued to be breast fed until they reached the age of up to six years. Due to their traditional migratory nature, a woman was incapable of looking after two children who were still suckling. In the dire straights of poverty experienced by the Adams family coupled with traditional Kaurna population control techniques, it is not improbable that she may have destroyed a child during this period, especially if it was a female child. It was a practice generally confined to younger women. Neither parent would have raised the issue or reported the death. Instead, with the assistance of nearby Kaurna women Kudnarto especially would have participated the concealment. Maybe this situation was the cause of an implied estrangement that occurred after the birth of Tim. Some four months after the birth of Tim there is a strong indication that the relationship between Kudnarto and Adams faced severe problems. Furthermore, the continuous stream of bullock drays seems to have taken their toll. In 1853, Adams was ordered by the Commissioner of Crown Lands to leave Murray's Section. A report by a disgruntled sheep station owner set in course some correspondence which is revealing as to the basis of the problem. Unfortunately the complaint is unable to be found so the person who initiated the complaint is unknown. It could only be through the report of by this sheep stationer to the Commissioner of Crown Lands that led to the subsequent eviction notice of 26 March 1853 when Charles Bonney wrote to him saying: Having been informed that you are occupying an Aboriginal reserve, Section No. 3055, without any authority for so doing, I hereby give you notice that if you are found in occupation of the said section after the expiration of one month from this date, and cannot shew proper authority for such occupation, proceedings will be taken against you to compel you to quit the said section and to recover the penalties which you have incurred by trespassing on the crown lands." The reason for the Commissioner of Crown Lands involving himself in this domestic matter arose from a change in land ownership of the Native Reserves. The consequence resulted in the Commissioner for Crown Lands becoming the sole proprietor of all native lands. In 1849, the Governor ordered that all Aboriginal lands be transferred from the Protector of Aborigines' aegis to that of the Commissioner of Crown Lands. This transfer was effected by order of the Governor on 4 July 1849. The eviction order incensed Adams. He had discussed the matter with Moorhouse in the previous year. They had come to a verbal agreement that after the birth of their next child, Adams should move his family temporarily to the land that was formerly set aside for George Murray, Adams' friend. Feeling persecuted and at the receiving end of an injustice, Adams felt that he needed to place his case before Charles Bonney and give his reasons for occupying the land. To this end, Adams sent a letter on 31 March 1853. In it he first wrote: I received your letter dated 26 th instant informing me to quit the Aboriginal Section No. 3055. Adams here identifies the property in question. This property lies some three kilometres north west of the Adams family lot. Its location is off the main travel routes and thus very quiet. The land lent itself for sheep herding rather than cultivation. As such, it was a very suitable site for Adams to retreat from the constant flow of traffic that passed his property. He then details his arrangements with Moorhouse prior to the family's move. Without proper authoritiy I did not know any land that the government reserved for the benefit of the natives was Crown Land therefor. I thought that Mr Moorhouse had the management of it and when Mr Moorhouse was this way just last winter he gave me leave to go and live on it and though that I have bound myself down until next spring. His anger is genuine. The visit of Moorhouse to his property in the winter of 1852 had a lot to do with Adams' ongoing problems. At this meeting, the problems of the bullock drays on the Gulf Road were given full dimension. Adams believed that Moorhouse finally understood his family's problems as a consequence of this great movement of traffic. Part of their discussions was the agreement to allow Adams to move to Section 3055 for at least a year. It is clear that Adams did not understand the implications of the transfer of authority over the Aboriginal reserves from Moorhouse to Bonney. He thought that his discussions with Moorhouse was all that was required to effect the temporary transfer. His letter states that he anticipated remaining on that site until spring of that year. From this confusion, he informs Bonney as to the reason for his move. Sir I beg to say that I have nothing to do with any land only for the benefit of my wife which she can speak for herself and it was her wish to go and live there an time out of the way of the drays and bullocks on the Gulff Road. There are three key issues raised by Adams which give a clue to the problems faced by him in trying to eke out a living. The first issue relates specifically to the problem that the bullockies caused Kudnarto. The traffic of drays alone would not have been sufficient to cause anxiety within Kudnarto. An average of sixteen drays passed their property every day. The weather would have influenced the number of drays at any one time. When it rained heavily, there was little possibility for movement. Thus the number of days available for drays to move would have been about 200 per year. This meant that the average number would have been about twenty-four per day. Port Henry Arms was a popular stopping point for the bullockies on their way to either Port Wakefield or Burra. While the drays themselves would have only caused a nuisance, it was the bullockies who stayed at the Port Henry Arms that would have caused most of the problems. Molestation must have been intense for Kudnarto urges Adams to abandon their land and go to a quieter place. During this visit by Moorhouse, Adams and Kudnarto laid their complaints about harassment to him and requested the ability to effect a solution. As part of the discussions, Adams gave details of a plan to satisfy everyone's needs. That is, that Adams should temporarily occupy the lot formerly held by George Murray. Since Murray had abandoned it some time previously, it seemed to be the ideal solution. I selected that spot for a man that married one of the natives five years befor it was survied but the nebehours drove him away and now they are trying to drive me away which they will of course as I am but a poor man and cannot stand against the public. Adams expresses his depression at his inability to fight against the wealthy pastoralists. He feels persecuted by them. It would appear that he was not welcomed as a shepherd to the local pastoralists. Judging from his comments, he leaves no doubt that he was hated within the Skillogolee community. The reason for this hatred is undisclosed although he concludes that it is derived from the fact that he is married to an Aboriginal woman. To make his distress clearly known to Moorhouse, he also wrote a letter of complaint to Moorhouse. In it he wanted clarification of his right to occupy the land. On 11 April 1853, Moorhouse replied to him advising that: "I received yours of the 31 st March informing me that you had notice from the Commissioner of Crown Lands to leave the native reserve upon which you are now living. I have seen Mr Bonney upon the subject and I have had my mind satisfied that you have no right there without his permission - you can claim your own section and Mr Bonney cannot interfere, but I find he has the power of removing you from Murray Section and I would advise you to leave quietly and without trouble." Adams realised that he would have to depart and does so without too much fuss. That conclusion is verified by the silence of Moorhouse's communications in relation to occupation of Section 346 which explicitly required Kudnarto to reside upon the land to retain the claim. It is interesting to note that during this period Moorhouse expresses no concern that Kudnarto is not living upon the land. At this stage of there lives, there is an indication that a separation between Kudnarto and Adams occurred. It may have been driven by poverty and Adams' need for employment. However, over the next two years, from 1853 to 1855, Adams maintained a nomadic lifestyle moving over the region from Port Wakefield to Port Augusta. He worked with his old employer at Crystal Brook and as well as the Hughes brothers. He also travelled north to Spencers Gulf and the North Station where he obtained employment. How often he travelled back to Kudnarto is unknown. The visits, however, would have been very infrequent. During the time when Kudnarto was alone, she was not idle. She let out a section of the land for the sum of £25 per year. The tenant, Patrick Murphy, a sharecropper and former criminal who was released from gaol in 1847, cultivated a wheat crop covering some five acres. In addition, there was also a small vegetable garden planted upon the land. It is unknown whether Kudnarto received permission for renting out the land or that Moorhouse knew about it. However, Moorhouse's silence upon this matter until after the death of Kudnarto seems to indicate that there was approval for Kudnarto to receive the sum obtained from the lease. Because of Moorhouse's frequent country visits it is likely that he tacitly approved of the sub-letting by Kudnarto. With this annual income and money coming from the sheep, Kudnarto lived a quiet life. Since she was no longer protected by her husband, there would have been many perils affecting her life as a single Aboriginal woman living in an area frequented by lonely shepherds, pastoralists, sharecroppers and bullockies. Patrick Murphy may have taken care of her and looked out for her interests. How strong this attachment was is unknown and a matter for conjecture. No reliance can be placed upon the lack any further offspring by Kudnarto as being an indication of fidelity because of infanticide practises as mentioned above. It is unknown whether she succumbed or was forced to participate in any sensual activities. At 21 years of age and very attractive, her sexual attraction and charm would have been a powerful incentive for men to visit her. Kudnarto's Death The absence of Adams, however, must have made a strong dent upon her personal well being. During this period, the Hoiles and Titcumes had moved from their respective homes and business premises. After 1853, many bullockies left South Australia to find gold in Victoria. The consequence was a drastic fall in business turnover. The survival of the businesses were placed in jeopardy and eventually they failed. Both families moved some four miles away to the new town of Auburn. In the future, she would have to go to Auburn for company. It involved a walk with two young children, a daunting task. This left Kudnarto without any near neighbours to provide comfort and assistance. While it cannot be firmly established, it is believed that Kudnarto pined for her lost husband. As a woman, she would have felt the shame of desertion greatly. Aboriginal women internalise their pain and translate the effects into self destruction. The feeling of shame comes from the notion that the woman has in some way let down her husband. This thought still holds powerful sway within the Kaurna community today. As the separation became longer so the pain may have increased. Her traditional support structures were no longer present. The Kaurna people were much reduced in number and rarely travelled through this region any more. In traditional society, a family group would have looked after her, providing her with food and company. These networks ceased to exist. Then there were additional problems with Adams. He was still a shepherd and lived the life of the shepherd. It would not be unusual for Adams to have taken other women as he moved from station to station. It would not have taken long for his activities with other women to come to her attention. Such a rejection would have been very traumatic. Although she had first come from another man's harem, she was attached to Adams. Furthermore, European society legitimised this monogamistic relationship. This would have created severe tensions within Kudnarto as she would have been confronted with mixed feelings about this situation. Kudnarto resolved this aspect with stoic acceptance. While she lived alone, it is unknown whether Kudnarto herself would have been the victim of rape. She would have no confidence in redress through white law while her family support structure would not have led to any vengeance. Women were seen as sexual servants of men and expected to accept such abuse. As also has been seen, offending shepherds were not shy in dispatching to the grave those who were raped and protested about this crime. In one particular report Moorhouse details many cases of rape against Aboriginal women in his very near presence. At no stage did he charge the perpetrators with rape even though he had the power to do so. If the Protector of Aborigines felt impotent to halt his own men raping Aboriginal women, these very same women would not have a great deal of confidence in Moorhouse's ability to dispense justice. Considering that she was separated from her husband, she would have received very little sympathy from the Kaurna people. If she had a few traumatic sexual and physical encounters, it would have sufficed to sap her will to live. Since she would not have the esteem or the opportunity to report any offence against her, the loss of self esteem would have been that much greater. All these above factors compounded by the loss of an established tribal group and moiety, Kudnarto would have felt very depressed. Being tied to the land would have only compounded the misery. It is a natural part of Aboriginal lifestyle to wander. In the end, Kudnarto it appears likely that she grieved for her lost life. Thus it would appear that she may have ended up pining to death. That her death was natural is indisputable. There are no records indicating anything but natural causes. What provoked the death of a healthy 23 year old Aboriginal woman is unknown. Maybe the unexpected return of Adams to the household provoked the full emotions of anger and shame with the end result of inducing death. There is no external evidence to give information upon this subject. Regardless of the cause, on 11 February 1855, Kudnarto died. Adams found her body and duly reported it to the authorities the next day. On the day of 11 February 1855, it too was hot. Blow flies were intense and very bothersome due to the ample supply of breeding places provided by the sheep and their droppings. A small herd of sheep stood as testimony to the only tangible wealth held by this family. However, the fly problem was minor in comparison to other matters. While the newspapers of the day were trumpeting the belated news of a great victory at Inkerman in the Crimea, the affairs of the ordinary people within the colony did not interest a newspaper to print a single line about Kudnarto. Yet the day was significant. It marked the passing of an era in the history of South Australia's new colony. Also it proved to be a traumatic date in the fullest sense of the word. The events of that day had catastrophic effects upon the family living on Section 346. It changed every member's lives and plunged the family into a destitution it never recovered from over the next fifty years. No death certificate appear to have ever been officially issued for Mary Ann Adams. Neither was there any coroners report nor any Police notification of foul play. Since there was no official clamour relating to the nature of her death, thus one must assume that her death was from natural causes. Since there is no official statement as to her death, one is obliged to accept the notification sent by her husband, Thomas Adams, to the Protector of Aborigines, Mr Moorhouse on 12 February 1855. Her death was acknowledged by Moorhouse in a letter to Adams sent on 2 March 1855 when he said: "I am in receipt of yours of 12 th Feb. reporting the death of your wife on the 11 th and expressing your wish to have the two boys educated at the Native School. Despite the periodic habitation of Thomas Adams, her husband, and their two boys, Tom and Tim, events were put into motion which stripped them of their land and future livelihood. Moorhouse, the trustee of the land, turned his back upon the Adams family after the death of May Ann. He was not interested in the plight of Thomas Adams although he did express minor concern about the fate of Thomas Adams' two boys. Knowing this situation and displaying an indecent haste exhibiting a "carpet bagging" attitude, on 22 March 1855, William Norrell, the blacksmith at Auburn tried to gain possession of the land. A letter from Moorhouse acknowledged the receipt of Norrell's letter of 27 February 1855 and informed Norrell that he had no power to sell or lease Section 346 without special authority of the Government. Although Norrell's application was denied, the people of the Auburn area could sense the future availability of prime agricultural land at a good price. The reason for the shameful celerity of Norrell coupled with the destitution of the Adams family lay in the restrictive nature of the land grant. As time progressed, the parcel of land was re-surveyed and allocated to the area described as the Hundred of Upper Wakefield. Currently, the allotment is divided into Sections 346, 398, 399, 400, and 804. The size of each section was 19 acres, 16 acres, 18.75 acres, 15.75 acres, and 11 acres respectively which when combined made a total of 80.5 acres. The division and sale of the land occurred towards the close of the nineteenth century. Now each of these allotments is owned by different people under individual titles. The estate title was extinguished through government policy and now no longer exists. Once she was buried, Adams sent the children off to Poonindie for education. He had little wish to raise the boys himself. However, he did want to regain possession of Section 346. To this end, Adams put in an application to the Commissioner of Crown Lands to resume the property. The request was promptly declined. Although at the same time Patrick Murphy was given one year to finish his activities and move, nothing actually happened until the land was finally leased for 14 years at £30 per annum on 9 December 1858 to Mr W.G. Long until December 1872. Adams and his children grieved for the loss of the land. Over many years the family kept trying to regain the lost lands of Skillogolee. By 1889, the hut had fallen into ruins and the land was subdivided into five allotments with their own independent titles and then later sold off. Land Claim In dealing with the practical results of Kudnarto's life, the impact is lingering. There are unresolved issues which directly effects any current descendant and the population of South Australia in general. The main issues revolves around the alienation of land from the Kaurna people, the gift of land and the promise of perpetual title. Each has its own distinct series of complications. After the passage of the Native Land Titles Act of 1993 in the Federal Parliament national attention was directed towards redressing the land loss grievance of the Aboriginal and Torres Strait Islander people within Australia. The Native Title Act, 1993 gave the ability to Aboriginal and Torres Strait Islander people to lay claims on unalienated land to which they could demonstrate a long term connection. The reason for this lay in the nature of the holding of the land in both common and statute law. The Native Title Act, 1993 addressed the historical problems arising from the concept of terra nullius which was the prevailing legal fiction in Australian law. Prior to this Act, the landmark judgement in the case of Mabo v. Queensland seriously questioned the basis of terra nullius and ultimately undermined its very foundations. This use of terra nullius extended those concepts firmly established by International Law which recognised conquest, cession and occupation of territory that was terra nullius as the three legitimate methods of taking foreign territory. If the British undertook occupation of Australia under the aegis of the first two methods they would be obliged to recognise the Aboriginal people and their native land title. This occurs because of the distinct legal separation between the sovereign's right to ownership of the territory and the rights of the resident population to the ownership of the land. The first is a matter of International Law while the latter is a matter of local municipal law and common law. International Law stated that conquest or cession did not disturb native land title. Common Law concurred with this principle by confirming that ownership could not be acquired by occupying land that was already occupied by another. This sentiment was voiced by Blackstone when he said: "Occupancy is the thing by which the title was in fact originally gained; every man seizing such spots of ground as he found most agreeable to his own convenience, provided he found them unoccupied by anyone else." As can be seen, it was essential that the existence of the Aboriginal people be ignored by the British to ensure legality to the seizing of Australia's land without any consultation or compensation. The problems resulting from this conflict of land use was always a subject for discourse at all levels of society. After the journey of Eyre to Western Australia, he felt a great compassion towards the dispossessed indigenous people. With great sensitivity, addressed this issue at great length in his work Journals of Expeditions of Discovery into Central Australia and Overland From Adelaide to King George's Sound in the Years 1840-1, Volume 2. At no stage did he utilise the pretence of terra nullius as a basis for his discussion. However, his words were out of step with the times and thus not heeded. The British had their own ideas about their obligations to the Aboriginal people. A Select Committee on Aborigines reported in 1837 to the House of Commons that the state of Australian Aborigines was "barbarous" and "so entirely destitute ... of the rudest forms of civil polity, that their claims, whether as sovereigns or proprietors of the soil, have been utterly disregarded". This point of view found a similar echo in South Australia when Governor Grey, through Act Number 8, 7 & 8o Victoria (Assented 12 August 1844) stated in the Preamble that '... the Aboriginal inhabitants of this Province, who are barbarous and uncivilised people, are destitute of the knowledge of God and of any fixed belief in religion, or in a future state of rewards and punishments.' The epitome of this fiction found articulation through Lord Sumner when he spoke for the Privy Council by saying: "The estimation of the rights of aboriginal tribes is always inherently difficult. Some tribes are so low in the scale of social organisation that their usages and conceptions of rights and duties are not to be reconciled with the institutions or the legal ideas of civilised society. Such a gulf cannot be bridged. It would be idle to impute to such people some shadow of the rights known to our law and then to transmute it into the substance of transferable rights of property as we know them." It is against this backdrop of racism that the land claims attaching to Kudnarto's story find their context. It is Mabo that has stripped away this racist rhetoric as being spurious in terms of law and social philosophy. Now the wallpaper of racism has been stripped from the Australian community, the case of Kudnarto can be examined in the context of Common Law and Equity. Throughout this book, the underlying theme was the clear existence of an Aboriginal people known as the Kaurna who occupied the land around the Adelaide plains. In addition, the crown set aside land specifically for the Aboriginal people to enjoy. Furthermore, Kudnarto was granted a licence to occupy land on trust for herself until her death. This discussion will rely upon the available documents generated by the various government officials at the time. The correspondence that relates to this matter has been reproduced in full at Appendix 2. The licence is very explicit on the point of gift. It states that the Governor "... do hereby Grant full licence for the said Mary Adams for who during the term of her natural life to occupy, use and enjoy Section No. 346." The licence to occupy this land is explicit in its terms. Thus, under any interpretation, it would cease at the death of Kudnarto. Under common law, if a tenant holds agricultural land and improves that land, the value of the improvements becomes a property right of the tenant. Upon the removal of the tenant from the land, those improvements should receive full and fair compensation. The Adams family had built a hut, some minor fencing and cleared land for cropping. At the time the government re-took the land from Adams, no compensation was given to him. No consideration was made to grant any equitable compensation for the work he performed although there was some discussion about compensation should Adams seek to claim it. Charles Bonney states: Should it appear that improvements have been made on the section to any considerable extent, it might be a question whether in equity, the value of these improvements should not be allowed considering the uncertain tenure on which the land was held - In law In think the tenant could claim a right to hold the land until all growing crops are taken off - compensation for improvements might be awarded in the same manner as under pasturage leases. While the analysis is very clinical, there is no succour offered to Adams by the government for the reversion of the land to the government. This justified his comments that all the work he undertook would be for nothing if his wife died. If this was the only promise, then that would be the end to the matter. However, the government of the day made further promises to Kudnarto in relation to land tenure licences. The licence right was transferable to her children. Alfred Mundy, the Colonial Secretary stated that: This license ... will be renewable on the death of the woman in favour of her lawful offspring according to their existing circumstances, & on such terms and conditions as may then be found proper. This promise was repeated later. Finniss wrote to Adams on 14 August 1849 restating Adams' position should Kudnarto pre-decease him. Finniss said: ... the understanding that there might be a renewal in favour of her children in case of her death. After the death of Kudnarto, on 26 May 1855, Moorhouse wrote to the Colonial Secretary about the intended promise to pass the land on to the children. He states: The Government placed a section of land in Trust (document enclosed) for Mrs Adams & it was understood that in case of death, it should be given to her children. This promise was acknowledged by the Colonial Secretary. In the discussions of the various officials, it was finally decided that the promise to restore the land to Kudnarto's children upon them reaching their majority. There is no mention of removing this right from the children. It was to be an unencumbered gift. Moorhouse's words are unequivocal on this matter. Finniss confirms this when wrote a note to Richardson on 7 June 55 stating: When the children are of age a similar licence to occupy with that granted to the mother will be made out in their favour. Following this Richardson, the Acting Colonial Secretary wrote to Adams on 7 June 1855 reiterating the promises for the children. Again, the granting of the licence was only conditional upon them reaching the age of majority. This was because the government was going to pay for the upkeep of the children until they reached that age. Richardson explains this when he says: The maintenance of the children in the Training Institution is contributed to by the Govt., and when they are of age a licence to occupy the Section will be issued to them similar to that formerly made out in favour of their mother. In essence, this is a legally enforceable promise made by the government. It was land specifically set aside for the use of Aboriginal people for farming activities. Aboriginality was the sole criterion for claim. It was implied that only Aboriginals who were considered to be of age under British laws were able to make a claim upon this land. However, there were no other conditions for a claim. Thus Kudnarto was fully qualified under these conditions for the licence to settle upon the selected lot. Furthermore, Kudnarto's children were also accorded this right as a consequence of her right. There only qualification was to be her natural born children and to reach the age of majority as defined by British law. No other qualifications were attached to the regranting of the licence. When both Tim and Tom reached the age of 21, each was individually entitled to a licence. The terms and conditions were sufficiently vague as to imply that each son in their own right was entitled to a licence without reference to the other son. Since there were no specific conditions stated for the size of land to be granted, they were eligible to land in their own right to the size of that granted to their mother. There is no mention of any specific lot by the government. Consequently a promise must be fulfilled in the same mane that the land was given to their mother. The lot licensed to Kudnarto was 80 acres in size of prime farming land. Each child was entitled to a similar gift. Although the government further complicated matters when they leased out the land and then finally sold it off, at no stage was this right to land ever revoked. A right is a chose in action which may be transferred from one person to another provided the conditions of the chose in action were followed. The lack of revocation ensured that the right to a licence could readily be transferred to another child so long as that child was a natural child of Tim or Tom. Since there has been no extinction of this right, theoretically, each natural descendant of Kudnarto is eligible for a licence to land for farming purposes. Only a monetary compensation is capable of extinguishing this right if no land is available to fulfil the terms and conditions of the promise. These issues fall outside the parameters of the Native Land Titles Act of 1993 and thus no reference can be made to this law. The reason lies with the nature of the land grant. The licence to settle the land was made upon unalienated crown land. However, as the land became alienated, the indigenous claims against the land also extinguished under common law principles. These entitlement are not dependant upon claims upon unalienated land but promises which created an obligation against the government which was claimable by the sons of Kudnarto. It is the obligation that is the key to this issue. Addressing that obligation is the resolution required to satisfy outstanding grievances towards this family. Kudnarto's marriage was significant in that it opened a new vista on relations between the two races. Her death, unfortunately, was the clarion call of failure. In both marriage and death, Kudnarto's very presence forced the governments of the day to respond to the issues raised by her life and contact with the European society. In the first instance, when she married Thomas Adams on 27 January 1848, the government was compelled by force of logic to grant her land (sic) that was set aside for the benefit of the Aboriginal people. Following her marriage, two other mixed marriages occurred. Each couple subsequently became the beneficiary of a land grant. The first was George Murray and his wife who received Section No. 3055 at Skillogolee Creek. Following this was George Solomon and his wife who received Selection No. 1512 at Rapid Bay. Upon Kudnarto's death on 11 February 1855, the land she was granted and promised to her children was resumed by the government and never to be returned despite assurances to the contrary. Her children Tom and Tim were consigned to the care of Arch Deacon Hale at Poonindie. The same situation happened in the two other cases. When George Murray and his wife abandoned Section No. 3055 at Skillogolee Creek because of settler pressure and hatred, they had their grant confiscated. Once the land went back to the government, no further applications were tendered by George Murray. At Rapid Bay, when the wife of George Solomon known as Rathoola died on 28 August 1858, their Selection No. 1512 went back to the government, never to be returned. As to the fate of Rathoola's children, George, John William and Emanuel, they suffered along with Kudnarto's children by being consigned to Poonindie. In George Solomon's case, their consignment was to remove any embarrassments of his past and allow him to marry a white women Catherine Burke on 21 January 1859 at the Willunga Catholic Church. The knowledge of George Solomon's previous marriage to Rathoola was suppressed in terms of records and thus unless there is a specialised examination, very few available public records have this information. The key genealogical research book published by the SA Genealogy and Heraldry Society in 1986 and edited by J. Stratton, called Biographical Index of South Australians 1836 - 1885, is silent about Rathoola. Such an omission lends weight to the embarrassment caused to George Solomon about this marriage to Rathoola. Each descendant from these three families is entitled to make similar claims upon the South Australian government. This arises from the fact that the terms and conditions were similar in each licence. Every family descendent is thus able to claim an allotment equivalent to that first given to the eligible parent. Until these claims are satisfied in one manner or another, the blot of compulsory seizure of Kaurna land will remain strong within the community. The justice of the claim is very evident. Land was taken off the Kaurna people. Following this expropriation, some land was returned to three families under licence. Then, without good reason, the government refused to honour its commitments to these three families. Now that a new openness has occurred in Aboriginal/settler relations, it is time to redress the evils perpetrated in the past. It is only when the past secrets are exposed and discussed that a positive resolution to this conflict can take a further step. Epilogue Kudnarto is a difficult woman to write about. She only plays a cameo role within the pages of history. Only once does Kudnarto leave the wings and enter the stage of life to impress her own indelible mark in official records. Her own words, though brief, reflected the strength of her verbal patterns. On all other occasions she is interpreted by an exclusively white male audience. Thus the social issues that the European males considered important found its way into the letter books and newspapers. The issues she thought were important never reached the printed word. That Kudnarto had an effect on all who met her is beyond dispute. The newspapers and the Protector of Aborigines all spoke highly of her. This is made all the more relevant because of her youth. She had the skill and ability to capture both the hearts and attention of those whom she met. She strove to become a woman in her own right but faced strong opposition. The greatest opposition came from the man whom she loved. It is this opposition that may have caused her early death. Kudnarto led the way for Kaurna women in particular and all indigenous peopel in general to face European culture on equal terms. She had the courage to enter white society on her terms and never lose her humanity as a consequence. Although she faced tragedy and poverty, she accepted her lot with humble humility. She uttered no official complaint. She lived in the hearts of her contemporaries as she lives on in ours. Thus the significance of the Kudnarto story as it pertains to the healing process of South Australian reconciliation is self evident. It deals in a very personal way with our relationships as human beings faced with people from vastly differing cultures and attitudes. The words from the poem "At One" expresses similar sentiments for each woman. Many people feel the words strongly in relation to Kudnarto. At One The ochre plain opens wide To accept the dust of life, Tall trees wave their arms around And leaves they fall like tears. We caress the earth with hand and love Your spirit now set free, Soon time with gentle whispers goes To sing your rivers through our dream. In answer to the words we say The ether fills with stone And every day we learn your way Until we come to you as one. Appendix 1 Biographical Notes Adams, Thomas, born 10 May 1811 at Leicester, Leicestshire. Came to Van Dieman's Land in 1833 on the ship Anna. Worked as a shepherd near Kingston. Married Ellen Reardon (1811 - 27 November 1889) by the Reverend P. Palmer at the Trinity Church in the County of Buckingham on 7 November 1836. Came to South Australia on 1 August 1844 on the ship Hawke. Married Kudnarto (c.1831 - 10 February 1855) in Adelaide on 27 January 1848. The children from the marriage were Tom (1849 - ), and Tim (1853 - ). He lived at Crystal Brook and Port Lincoln. He died in the Destitute Assylum on 24 February 1882. Information extracted from Statton, J., ed., (1986), Biographical Index of South Australians 1836 - 1885, South Australian Genealogy and Heraldry Society Inc., Adelaide, Volume I, p. 7. Alford, Henry, born on 12 February 1816 in Acton Middlesex. He came to South Australia in 1836 on the ship JOHN PIRIE. His occupation was as policeman and publican. At this time his rank was Second Inspector of the Mounted Police with an annual salary of £200. While in the Police force and as a publican, he was also a volunteer in the Adelaide Mounted Rifle Corps. He lived on Kangaroo Island, Adelaide, Glynde and Norwood. He was a Presbyterian. On 8 December 1844, he married Elizabeth Anne Roberts (1815 - 26 June 1875) in Adelaide. The children from this marriage were Henry (1839 - ?), Elizabeth Ann (1846 - 1846), Edwin (1847 - 1900), Julia (1949 - 1852), Elizabeth Ann (1851 - 1854), and May Ann (1854 - 1859). Later, he married his second wife, Ellen (1824 - 30 September 1908). His hotel ownership is as follows: FROM TO HOTEL NAME ADDRESS LOCATION REFERENCE 1854 1856 Stag Inn 299 Rundle Street Adelaide Pt 3, p. 578, S-80 1857 1857 Glynde Hotel 492 Payneham Road Adelaide Pt 3, p. 242, G-44 1858 1858 Red Lion Inn 13a Rundle Street Adelaide Pt 3, p. 496, R-20 1860 1860 Golden Rule Inn Pine Street Adelaide Pt 3, p. 246, G-51 1861 1876 Glynde Hotel 492 Payneham Road Adelaide Pt 3, p. 242, G-44 After Alford died on 20 February 1892, his son Edwin took over the running of the Glynde Hotel until he died in 1900, afterwhich it was run by Edwin's widow until 1912. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume I, p. 15 and Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide. Angus, George Fife, was born on 1 May 1789 at Newcastle-upon-Tyne, Northumberland. His occupation was Merchant, politician and pastrolist. His religion was Baptist. He married Rosetta French (1796 - 11 January 1867) in London. The children from the marriage were Rosettal French (1813 - 1898), Sarah Lindsay (1816 - 1898), Emma (1818 - 1885), George French (1822 - 1886), John Howard (1823 - 1904), Mary Ann (1826 - 1831), and William Henry (1832 - 1879). The family arrived in South Australia in 1851 on the ASCENDANT. There residence was Linsay Park, Angaston where he died on 15 May 1879 and was burried. Information extracted from Statton, J., ed., (1986), Biographical Index of South Australians 1836 - 1885, South Australian Genealogy and Heraldry Society Inc., Adelaide, Volume I, p. 31. ANGUS, John Howard, was born on 5 October 1823 at Newcastle-upon-Tyne, Northumberland. He finally immigrated to South Australia in 1843 on the ship MADRAS. His occupation was politician and pastrolist. His religion was Baptist. On 18 September 1855, he married Susan Collins at Manchester, Lancashire. The children from the marriage were Charles Howard (1861 - 1928), and Lillian Gertrude. He died at Collinsgrove on 17 May 1904. Information extracted from Statton, J., ed., (1986), Biographical Index of South Australians 1836 - 1885, South Australian Genealogy and Heraldry Society Inc., Adelaide, Volume I, p. 32. Bagshaw, Reverend John Charles MA (1818 - ). He came to South Australia in 1847 on the DUCHESS OF NOTHUMBERLAND. He became the local Anglican minister at Claire and Penwortham. He married on 18 February 1851 at Penwortham. Later he went to New Zealand. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume I, p. 54. Bentley, James (Jemmy), born 1786 at Middlesex. He married Elizabeth Chatterton (1788 - 25 May 1864). The children from the marriage were John, George, Edward, Rosetta (1824 - ?), James (1828 - 1881), Henry Robert (1835 - 1869) and Thomas (1836 - ?). The family came to South Australia in 1849 on the ship CHEAPSIDE. When in South Australia he worked as a carpenter at Burra and Moonta. He died on 27 May 1850. His son, Henry Robert who married Mary Jane Whitford, as licencees, gave their name to Bentley's Hotel at Clare. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume I, p. 115. BLEECHMORE, James Henry, born 1824. He worked as a post master, publican and farmer. He lived at Penwortham, Mintaro and Wakefield. On 7 September 1846, in Adelaide, he married Mary Ann Hood (1827 - 22 December 1851). After the death of his first wife, he married Isabel Hewlett (1834 - 4 July 1917) at Penwortham. The children from this marriage were James Clarence (1855 - ?), Henry Stanley (1857 - 1927), Irwin Alfred (1858 - ?), and Sydney Hewlett (1860 - 1911). He died at Farrell's Flat on 30 November 1873. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume I, p. 131. The following are the hotels where he was licencee in South Australia FROM TO HOTEL NAME ADDRESS LOCATION REFERENCE 1846 1847 Gilbert Arms Gilbert River Stockport Pt 3, p. 230, G-19 1847 1848 Stanley Arms Main North Road Watervale Pt 3, p. 579, S-83 1849 1851 Prince of Wales Main North Road Watervale Pt 3, p. 476, P-75 1872 1873 Hanson Arms Patterson Terrace Farrell's Flat Pt 3, p. 282, H-20 Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide. BLEECHMORE, Joseph Edwin, born 1831. He came to South Australia in 1849 on the ship CALPHURNIA. He worked as a publican, auctioneer and carter. He lived wholly in Auburn and was the publican at the Rising Sun Hotel from 1851 to 1871. On 14 December 1852 he married Caroline Louisa Rogers (1836 - 25 January 1898) at Adelaide. The children from the marriage were Emily Augusta, Fanny Louisa, Edwin George (1853 - 1890), Frederick Auburn (1855 - 1911), Arthur James (1856 - 1916), a daughter (1858), a daughter (1860), Charles Augustus (1862 - 1862), son (1863), Robert Alfred (1866 - ?), and Horace Edgar (1868 - 1869). He died in Auburn on 10 August 1887.Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume I, p. 131 and Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3. p. 506 R - 37. Bonney, Charles, born on 31 October 1813 at Sandon, Staffordshire. He first came to Sydney in New South Wales and then took a flock of sheep overland to Adelaide in 1838. In South Australia, his occupations were pastrolist, public servant, Member of Parliament and Governor. On 13 December 1846, he married Charlotte Heritage at Adelaide. The children from this marriage were Charles George (1847 - ?), Charlotte Agnes (1849 - 1915), Arthur Edwin (1851 - ?), John Augustus (1853 - ?), Ernest Augustine (1854 - ?), Laura May (1856 - 1858), daughter (1858 - ?), daughter (1859 - ?), and son (1861 - ?). He died on 15 March 1897. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume I, p. 142. BUCK, Robert, born in 1795. He worked as a ships cook, master marriner and lighterman. He came to South Australia in 1836 on the ship RAPID. He lived at Port Adelaide and Alberton. He married Maria (1785 - 22 September 1857) who came to South Australia in 1839 on the ship CLEVELAND. The children from the marriage were Robert (1815 - 1895), William (1823 - 1906), Maria Phillippa (1824 - 1918), Susannah (1831 - ?), William Henry (1833 - ?), and Phoebe Emily (1840 - ?). Phoebe was his favourite child and subsequently he named his lighter after her. He died on 7 October 1872. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume I, p. 196. Chambers, James (Jemmy), born 26 September 1812 at Enfield, London. On 6 August 1836 he married in Catherine Redin (17 May 1809 - 20 June 1875) at Sutton, London. He came to South Australia in 1837 on the ship COROMANDEL. He lived in North Adelaide and then Adelaide while with his brother John (1815 - 1889) he had a sheepfarm and ran a few hundred horses north of Clare between Hill and Hutt Rivers. He also ran a carrying business. His religion was Church of England. The children from the marriage were Elizabeth (1837 - ?), James (1839 - 1893), John (1840 - 1841), Catherine (1843 - 1904), Anna (1845 - ?), and Hugh (1848 - 1893). Sometime he left South Australia because he is found to have retuned in 1856 on the ship ALBUERA. He died in North Adelaide on 7 August 1862. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume I, p. 255. City Bridge Hotel, located at 160 Hindley Street Adelaide. William Williams was the publican from 26 March 1846 to 12 January 1853. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Pt 3, p. 130, C-65. Clare Inn, 244 Main Street, Clare. The owners were Dennis Kenny, 21 December 1848 - 15 August 1849, Mortimer Nolan 16 August 1849 - 18 June 1851, Alexander Campbell 19 June 1851 - 23 February 1853, Charles Houlton Webb 24 February 1853 - 2 April 1856. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Pt 3, p. 109, C-34. Crawford, George John, born on about 1812 in Logan, Ireland. He married Alicia Arthur Goslin in 1844. He came to South Australia in 1850 on the ship MIDLOTHIAN. His employment in Australia was as a Judge at £800 per annum. There were three children from the marriage prior to coming to Adelaide while Reginald Lindsay (1851 - ?) was born in Adelaide. He died on 24 September 1852. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Vol. I, p. 339. Denison, Sir William, born on 13 May 1804 in London. Attended Royal Military College in 1826 and was commissioned as a second lieutenant. He went to Canada and worked upon the Rideau Canal project. he returned to England in 1832. In november 1838 he married Caroline Hornby. They had thirteen children from the marriage. Appointed Lieutenant Governor of Van dieman's Land in April 1846 and knighted some months after. remained in Van Dieman's Land from 1846 - 1855, Governor of New South Wales 1855 - 1861 and of Madras 1861 - 1866. Australian Dictionary of National Biography 1851 - 1880, Volume , pp. . Derby Arms, Penwortham. The owner before 1850 was Henry James Bleechmore, D. Stuart 1850 - 1851, Unknown 1852 - 1853, and C. Greenslade 1854 - 1858. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Pt 3, p. 160, D- 07. DODGSON, Joseph, born Ferrybridge, Yorkshire. He worked as a publican at Clare. He married Jane Wayling on 22 August 1840. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume I, p. 412. DUNN, James, born 1809. Came to South Australia in 1839 on the ship Somersetshire. He worked as a publican for most of his time in South Australia but he did work at Burra as a miner from 1846 to 1850. On 4 July 1846, he married Mrs Mary Cornwell nee Payne (1817 - 30 October 1883). The children from the marriage were James 91847 - 1908), Mary (1849 - ?), Robert Payne (1851 - 1933), Annie (? - 1854), John (1856 - 1901), and Alice (1859). He died at Balaklava on 28 August 1867. The hotels he was licencee of are listed below but the hotel he was most renowned for was the Wakefield Bridge commonly known as Jimmy Dunn's. FROM TO HOTEL NAME ADDRESS LOCATION REFERENCE 1845 1846 Stone Hut Tavern Section 2803 Saddleworth Pt 3, p. 585, S-94 1850 1858 Wakefield Bridge Gulf Road Dunns Pt 3, p. 578, W-04 1859 1865 Farmer's Rest Main North Road Salisbury Pt 3, p. 199, F-10 1866 1866 Wheelright's Arms Roper Street Adelaide Pt 3, p. 677, W-51 Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide and from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume I, p. 439. Emu Inn, Emuville. The licencees were Daniel Cudmore 1846 - 1847, Thomas P. Tapley 1855 - 1858, and J. Stanway 1855 - 1858. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 185, E-20. Ferguson, Peter, first appears in Stephens, J., (1846), South Australian Almanack and General Directory for 1846, Adelaide. He also appears in two further editions, in 1847 and 1848. He is described as a sheepfarmer living at Crystal Brook. Finniss, Boyle Travis was born aboard the ship WARLEG in 1807. His religion was Church of England. In 1835 at Dublin, Ireland, he married his first wife, Ann Francis Rogerson (1819-1858). They came to South Australia in 1836 on the ship CYGNET. Upon arrival in South Australia he worked as a surveyor, became the Colonial Secretary with the salary of £850 per annum. After this, he entered Parliament and finally became Premier. He ended his career as Acting Governor. The children from the marriage were Fanny Lipson (1837 - 1865), Boyle Travers Nixon (1839 - 1853), Julia Howard (1840 - 1918), Wiliam Charles Maxwell (1842 - 1919), Emily Anne (1844 - 1929), Henry John (1845 - 1846), and Frederick Robe (1947 - 1908). After the death of his first wife, he married Sophia Florence Maus Lynch in 1878 at kensington. The child from this marriage was Corally Newton Maud (1884 -1990). Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 339. Gilbert Arms, Gilbert River, Stockport. The owners were James Critchell 27 March 1845 - 7 December 1845, John Lamb 8 December 1845 - 14 October 1846, Henry James Bleechmore 15 October 1846 - 17 March 1847, William Coghill 18 March 1847 - 20 December 1848, George Pyke 21 December 1848 -19 June 1850, Robert Alfred Rogers 20 June 1850, William James Forrester 26 September 1850 - 21 September 1853, and T.H. Ayliffe 1854 - 1859. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Pt 3, p. 230, G-19. Gleeson, Edward Burton, born in 1803 at Clare, Ireland. He came to South Australia in 1838 on the ship EMERALD ISLE. His journey to Australia was prompted by his win of a substantial amount in the Calcutta Sweep. He bought his farm INCHIQUIN in 1840. He received 550 grape vine cuttings for £5 from the firm of Messrs Borradaille & Co., South Africa. He worked as a dairy farmer, agent and pastoralist. He was Church of England. He lived at Clare, a village laid out chiefly on land belonging to Mr Gleeson where he also became a Justice of the Peace and postmaster. He also lived at Beaumont and Magill. He married Harriet Llewelyn (1799 - 8 June 1896). The children from this marriage were John William (? - 1895), Fanny Eliza (? - 1913) Edward Burton (1838 - 1852), Sarah Ann (1841 - ?), a child (1837 - 1851), and, son (1843 - 1857). Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 576. Gors, Ja Carl Christoph, born 1821 at Bahl in Germany. He arrived in South Australia in 1846 on the ship GEORGE WASHINGTON. His first wife was Ja Christana Dorothea Zimmermann (? - 24 August 1860). The children from this marriage were Ja Carl Heinrich (1850 - 1851), Carl Whilhelm Ludwig (1851 - 1888), Ja Carl Christoph (1854 - ?), Ja Friedrich 91856 - 1873), and, Anna Christiana (1856 - 1901). During this time he lived in Adelaide and worked as a policeman. His grade at the time was as a Constable in the Metropolitan Police at a salary of £80 per annum. After his first wife died, he married Sophia Marie Chrisiana Henrietta Mundt (1839 - 6 September 1920). The children from this marriage were Theodora Christiana (1862 - 1920), Carl Heinrich Walter (1864 - 1936), Amanda Maria Caroline (1866 - ?), Hugo Arthur Heinrich (1868 - ?), twins Adelia Henrietta and Hugo Arthur Heinrich (1868 - ?), Adelia Henrietta (1870 - 1931), Alvina Sophia (1871 - 1872), Arthur Mundt (1873 - 1928), Otto Carl (1875 - 1927), and, Leo Emil (1880 - 1931). Gors then became a publican after leaving the Police. FROM TO HOTEL NAME ADDRESS LOCATION REFERENCE 1858 1858 Duke of Brunswick Hotel 207 Gilbert Street Adelaide Pt 3, p. 166, D-24 1859 1874 Aurora 182 Pirie Street Adelaide Pt 3, p. 25, A-36 1874 1884 Morning Star Main Road Chain of Ponds Pt 3, p. 382, M-55 He died in August 1885. Subsequent to his death, his wife Sophia continued to run the hotel till 1898. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 594 and Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide. Gouger, Robert, born on 26 June 1802 at Lincoln. He came to South Australia in 1836 on the ship AFRICAINE. He was employed as a public servant. While in South Australia, he lived at Adelaide and Glenelg. His religion was Methodist. On 22 October 1835, he married his first wife, Harriet Jackson (1805 - 14 March 1837) in London. The child from this marriage was Henry Hindmarsh (1836 - 1837). On 18 October 1838, at Kenilworth, Warrickshire, he married his second wife, Sarah Whittem. The children from this marriage were Robert (1843 - 1856) and 2 others. He died in Kensington, London on 4 August 1846. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 596. Grand Junction Hotel - Hawkins' public-house appears to be possibly the Grand Junction Hotel at the intersection of Churchill and Cavan Roads at Dry Creek. This was the only hotel in existence that fits the description given in the evidence of John Hughes. During 1850, there were three different licencees, they being: Robert Sutton Schuyler; William Maxwell; and, John J. Morgan. It is the belief of the author that Hawkins was in partnership with William Maxwell or this person was his nominal licencee. The venture didn't work out and Hawkins went to Wellington. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Pt 3, p. 256, G-65. HAILES, Nathaniel, (also known as Timothy Short), was born at London in 1802. He came to South Australia on the ship BUCKINGHAMSHIRE in 1839. He worked as a public servant, journalist, auctioneer and agent. He lived in Port Lincoln, Kensington Gardens, and Magill. He wrote Timothy Shorts Journal of Passing Events. He married Eliza Rutt (3 February 1816 - 17 January 1893). Prior to 1839 they had three children. In South Australia, their children were Elizabeth Sarah (1839 - 1926), Alice, Frederick (1841 - 1856), and two sons. He died in Adelaide on 24 July 1879. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 639. Hale, Matthew Blagden, born 18 June 1811 at Alderly, Glocestershire, England. He married Sophia Clode in 1840. He had two children with her before she died in 1845. Following this he left England for South Australia, arriving in December 1847 on the ship Derwent. Went to Western Australia in late 1848 where he met his second wife, Sabina Dunlop Molloy at Busselton. They were married on 30 December 1848. After moving back to South Australia, he took up the position of Superintendant of the native mission at Poonindie. He then went to Perth as Bishop where he founded the Bishop's School in 1868 which was later known as Hale School, and then Brisbane, also as the Bishop. He died in England on 3 April 1895. Information extracted from Statton, J., ed., (1986), Biographical Index of South Australians 1836 - 1885, South Australian Genealogy and Heraldry Society Inc., Adelaide, Volume II, p. 644. Hawker, George Charles, born 21 September 1818 in London. He came to South Australia in 1840 on the ship LYSANDER. In South Australia he worked as a pastrolist and politician. During this time he lived at Nuriootpa, Bungaree and North Clare. His religion was Church of England. On 16 December 1845 he married Elizabeth Seymour (3 September 1825 - 10 June 1901) in Adelaide. The children from the marriage were Elizabeth Joanna Naomi (1846 - ?), Alice Jane (1848 - 1930), Edward William (1850 - 1940), George Charles (1851 - 1889), Henry Colley (1852 - 1912), John Frederick (1854 - 1875), Eleanor Mary (1855 - 1939), Michael Seymour (1957 - 1933), Katherine Amy (1858 - ?), and her twin sister Mary Blanche (1858 - ?), Isabelle (1860 - 1860), Walter (1861 - 1951), Adelaide Rose (1863 - ?), Richard McDonnell (1865 - 1930), Trevor Wynne Eyre (1866 - 1887), and Bertrand Robert (1868 - 1952). he died at Medindie on 21 May 1895. Information extracted from Statton, J., ed., (1986), Biographical Index of South Australians 1836 - 1885, South Australian Genealogy and Heraldry Society Inc., Adelaide, Volume II, p. 698. Hawkesworth, John. No record exists of John Hawkesworth outside the incidence of assisting in the murder investigation of John Mansforth at Skillogolee Creek. Hawkins, Richard Dixon, born on 26 April 1819 in London. He arrived in South Australia in 1842 on the ship LADY FITZHERBERT. He was a well known publican whose hotel ownership career is detailed below. On 28 December 1841, he married Ann Civiall (? - 1851) in London. From this marriage they had twins, Kitty and James (1847 - ?) After the death of Ann, he married Mrs Christian Mosely nee McIntyre (1820 - 5 May 1861). The children from this marriage were Richard Dixon (1853 - ?), Christiana (1859 - 1859) and a step-child George Mosely (1864 - 1878). After the death of Christian, he married Mrs S., nee Rumble (? - 1877). He died on 18 April 1877 at Echunga. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Vol II, p. 699. FROM TO HOTEL NAME ADDRESS LOCATION REFERENCE 1843 1846 Crafers Inn Mount Barker Road Crafers Pt 3, p. 138, C-87 1848 1848 Sturt Arcade Hotel 106 Grenfell Street Adelaide Pt 3, p. 586, S-95 1849 1849 Nairn Arms Hotel Main Road Nairne Pt 3, p. 395, N-01 1850 1853 Wellington Inn West Wellington Pt 3, p. 668, W-04 1854 1856 Crafers Inn Mount Barker Road Crafers Pt 3, p. 138, C-87 1857 1857 Everly Hotel Everly Pt 3, p. 189, E-33 1858 1859 Bridge Hotel Langhorn Creek Pt 3, p. 66, B-71 1859 1859 Crown Hotel 22 Gawler St Mount Barker Pt 3, p. 33, B-06 1860 1863 Crafers Inn Mount Barker Road Crafers Pt 3, p. 138, C-87 1863 1864 Crown Inn South Road Reynella Pt 3, p. 146, C-102 1866 1866 Bridge Inn Echunga Pt 3, p. 65, B-70 1867 1875 Aldgate Pump Hotel Strathalbyn Road Aldgate Pt 3, p. 4, A-08 1876 1877 Hagen Arms Hotel Angus Road Echunga Pt 3, p. 271, H-02 Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide. hayden, Thomas, arrived by 1844. He was Roman Catholic by religion. On 30 April 1846 in Adelaide, he married Hannah or Hariot Tindale. The children from the marriage were Jane (1842 - 1845), and Mary Anne (1845 - ?). He was a squatter at Skillogolee Creek. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 701. Henderson, James, was a merchant who lived in both Adelaide and then Brownhill Creek. On 7 June 1845 he married Anna Maria Clarissa Newman in Adelaide. The children from the marriage were Hamilton George (1846 - 1847) and Hamilton Gerald (1848 - ?). Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 718. HILL, William, arrived in South Australia on the HMS BUFFALO in 1836. He was a surveyor by trade and explored the Clare Valley region in 1838. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 741. Hoiles, John. Apart from briefly appearing as the owner of the Port Henry Arms, there is no further record of John Hoiles in South Australia. There is a great amount of sentiment that Hoyleton was named after Hoile. In Parliament, they referred to the town as orriginally as Hoileston. However there is no record of him ever having held land in that area. Hope, John, born 1808 in the town of Maghera, County Londonderry, Ireland. He came to South Australia in 1839 from Western Australia. He lived at Koolunga, Clare and Broughton. His religion was Methodist. In 1859 he married Isabella Matilda Kenny. The children from the marriage were Francis Diana (1860 - 1948), Charles H.S. (1861-1942) Robert Edward Herbert (1865 -1944), and Margaret Alicia (1865 - ?). He died in Adelaide on 20 January 1880. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 772. Horrocks, Arthur Ainsworth, born in 1819 in the town of Preston, Lancashire, England. He married Ann Jacobs. The children from the marriage were Eardley (1850 - 1929), Arthur John (1852 - 1918), William Crawford (1856 - 1919), and Charles Jerimiah (1858 -1937). He died in 1872. Horrocks, John Ainsworth, born 22 March 1818 in the town of Preston, Lancashire, England. He came to South Australia from England in 1839 on the ship called KATHERINE STEWART FORBES. Moved to Penwortham Village where he took up a farm of 1,000 acres known as HOPE FARM. His gardener, Edwin Green established the first of his vinyards. He went back to England in 1842 to raise further capital. He returned in 1844. He wanted to lead an expidtion north and to this effect, he purchased the only camel in South Australia. Died on 23 September 1846 as a result of an accidental self inflicted gunshot wound while on an expedition. Buried at Penwortham. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 777 and Adelaide Chronicle, 6 October 1932. Hughes, Captain Sir Walter Watson, born on 22 August 1803 in Fifeshire, Scotland. He arrived in South Australia on the ship HERO. He lived at macclesfield, Watervale, Wallaroo and Walkerville. His occupations were sea captain, pastrolists and mine owner. His religion was Presbyterian. On 12 September 1841 in Adelaide, he married Sophia Richman (? - 31 May 1885). There was no issue from the marriage. Hughes left South Australia in 1873 and settled in England where he died at Chertsey in Surry on 1 January 1887. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 791. Ide, Corporal William is acknowledged in Bennet, JF, (1842) The South Australian Almanack and General Directory for 1842, Robert Thomas & Co., Adelaide, p. 95, as part of a detachment of Royal Sappers and Miners under the command of Sergeant Forrest. Constituting the group included Corporals Ide, Moulton and Smith along with four privates who were attached to the Lands and Survey Office. The cost to the government for the year was £447 13s. 10d. (p.60) The detachment formed part of the 96th Regiment, "The Bendovers" who were stationed in Adelaide from 1841 to 1843. Wylly, (1923), Manchester Regiment, London. Jacob, John, born 30 July 1816 at Bishops Sutton, Hampshire. He came to South Australia in 1838 on the ship WILLIAM from Van Dieman's Land. He worked as a pastarolist and a clerk. His farm was known as "Woodlands", Penwortham. On 19 August 1848, at Auburn, he married Mary Cowles (1820 - 14 May 1894). The children from the marriage were Sarah (1851 - 1939), Ann (1853 - 1911), William Frederick (1854 - 1934), John (1856 - 1926) Denis (1857 - 1863), Henry (1859 - 1916), Caroline (1861 - 1940), and Mary Eleanor (1866 - 1941). He died in 1910. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume II, p. 820. Magpie and Stump, Burra Street, Mintaro. The licencee was M.B. Muir, 1850 - 1858. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 263, M-47. Mansforth, John, an Army Pensioner, was married to Ann (? - 12 February 1861). He died on 24 July 1850. Information extracted from the records of the Registrar of Births Deaths and Marriages. He was on the Army pension rolls and Joseph Clark, Barrack Sergeant for the 11th Regiment, stated that, under the direction of the Commissariat he occasionally paid the Mansforth. A pensioner of the name of Mansforth appeared at the Commissariat Office on the 3rd of April 1850 and received his last pension payment. Moorhouse, Matthew, baptised 24 March 1813. His parents were James and Elizabeth Moorhouse. He was born at Huddlesfield, Yorkshire, England. His occupations were pastrolist, medical practitioner, civil servant and Member of Parliament. As Protector of Aborigines, he was paid an annual salary of £300. He came to South Australia from England on the ship SIR CHARLES FORBES. On 4 January 1842, he married Mary Ruth Kilner (born 29 August 1808, at Huddersfield, Yorkshire, England; died 30 April 1877, Melrose, South Australia) in Adelaide. They had three children, James (1844 - 1930); Washington (1847 - 1901); and, Emma Jane (1850 - 1895). Moorhouse died on 20 March 1876 at Melrose, South Australia. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume III, p. 1131. MORETON, George Francis, born 1823 in Ireland. He came to South Australia on the ship TEMPLAR in 1845. Orriginally, he was a ship's surgeon but later became the towns surgeon at Penwortham and then later as Prison Surgeon at Nailsworth. He married Francis Hannah Gilles (? - 1919) at Gawler on 14 April 1849. The children from the marriage were Mary Jane (1850 - ?), and Edmond Montgomery (1860 - 1863). He died on 20 November 1861. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume III, p. 1131. MUNDY, Alfred Miller, was born in Shiply, Derbyshire. His religion was Church of Englan. He came to South Australia from New South Wales in 1839 to become the Colonial Secretary on a salary of £700 per annum. On 8 June 1841, in Adelaide, he married Jane Hindmarsh. The children from this marriage were a daughter (1842 - ?), Nellie (1843 - ?), Edward Grey Miller (1848 - 1849), and a son (1849 - ?). In 1849 he departed for the United Kingdom. He died at Nice, France in 1877. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume III, p. 1150 and Murray, A., (1848) The South Australian Almanack and Town and Country Directory for 1848, Murray, Adelaide, p. 22. MURRAY, George, born in about 1812 in England. He arrived in South Australia from New South Wales on the ship THOMAS LOWRY in 1840. He married an Aboriginal woman on 14 May 1849. (Registrar of Births Deaths & Marriages, Certificate 0001/333.) They had 3 sons from the marriage. They selected, with the assistance of Thomas Adams, Section No. 3055 at Skillogolee Creek from the Goverment on the same basis as received by Adams. (Letter dated 18 July 1850, GRG 52/7/1, pp. 365 - 366.) He abandoned the land a few years later because of persecution by his neighbours. Letter dated 31 March 1853, GRG 35/4 (1853).The land was returned to the Government. He ended up in Beltana where he died sometime in 1884. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume III, p. 1156. NEPTUNE was a 311 ton barque. Its master was Mr Thompson. The ship was used as a convict and general transport ship. It was recorded as leaving London under Master Norris on 1 June 1839 and arriving in Sydney on 27 September 1839. On board were 284 Government migrants, some of whom were sick, but no one ill enough to have the ship quaranteened. Information extracted from Australian Joint Copying Project at the Public Records Office in London, Reel 3214. On 5 April 1850 it is recorded as arriving at Hobart Town with 282 male prisoners. Norrell, William, born 1816 in Sussex. In 1843, he married Mary (1821 - 23 May 1861). The chilren from the marriage were Margaret (c. 1844 - ?), Charlotte (c. 1846 - ?), Elizabeth (c. 1848 - ?), and William (1850 - 1850). The family arrived in South Australia on the ship JOSEPH SOMES. His occupation was as a farmer, carpenter and wheelwright. The family lived in Burra and Auburn. He died on 20 September 1895. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume III, p. 1131. NOLAN, Mortimer, arrived in South Australia by 1841. He worked as a licencee at Clare and Hutt River. He was married to Susanne Scharfe. The children from the marriage were Anne (1841 - ?) and her twin sister Elleanor (1841 - 1848), Rosanna (1843 - ?), John (1845 - ?), Mortimer (1847 - ?), and Thomas (1850 - ?). Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume III, p. 1192. North Star, located north of Gawler. it was founded and operated by William Templer and his well loved wife, Martha. William Templer was the licencee of the hotel from 1846 - 1859, afterwhich his wife Martha was the licencee until she died 27 August 1878. For a short period Templer changed the name in 1849 to South Star. This was changed again in 1840 to North Star. The hotel was described as one of the best places of accommodation in the colony and the reputation of Martha's generosity was legendary. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 413, N-32. Port Henry Arms, located on Port Henry Road, Skillogollee Creek, was opened in 1850 and remained in the hands of John Hoiles until it closed in 1851. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 463, P-47. Port Wakefield Arms, 23 Burra Street, Port Wakefield. The licencees were G. Green 1849, W. Lever 1851 - 1851, R. Martin 1852 - 1853, R. Fulcher 1854, and E. Fulcher 1854 - 1855. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 468, P-56. Prince of Wales, Watervale. The licencees were Henry James Bleechnmore 1849 - 1851, H. Athorn 1851, and unknown licencee 1852 - 1855, and G.G. Stenthiel 1856. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 476, P-75. Queens Head, Kercoonda on the Wakefield. The licencees were J. Robertson 1850 - 1851, W. Baker 1852 - 1853, and W. Hayson 1854 - 1860. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 483, Q-04. Richardson, Oliver Keble, born 1800 at Todhillwood, Northumberlan. His religion was Church of England. On 8 October 1837 he married Annie Harris Scott (1814 - 1 June 1872) at Canonbie, Dumphrieshire in Scotland. They came to South Australia in 1839 on the ship FAIRFIELD. He carried on the profession of Clerk, Colonial Secretary and Magistrate. He lived in Adelaide and Streaky Bay. As Chief Clerk in the Colonial Secretaries office, his annual salary was £250 in the 1840's afterwhich it rose to £400. The children from the marriage were Eliza Scott (1839 - 1863), Gilbert Blair (1841 - 1907), Francis Annie (1842 - 1842), a daughter (1843 - 1843), a son (1844 - 1844), Annie Elder (1845 - ?), Louisa Jane (1848 - 1925), Charles Rankine (1849 - 1914), James Penney (1850 - 1851), Mary Rybol Melville (1852 - 1854), Oliver Crofton Peddie (1854 - 1883), Norman Alexander (1855 - 1941), and George Carter (1858 - 1860). He died at Streaky Bay on 20 December 1877. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume III, p. 1353 and Murray, A., (1848) The South Australian Almanack and Town and Country Directory for 1848, Murray, Adelaide, p. 22. Rising Sun, Main North Road, Auburn. The licencee was James E. Bleechmore from 1851 - 10 December 1871. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 506, R-37. Robertson, John Alexander, born in 1813 at Edinburugh, Scotland. He came to South Australia in 1837 on the ship SARAH AND ELIZABETH. He worked as a farmer, builder and licencee. He lived in Salisbury, Kerkoonda, Undalya and Port Wakefield. He travelled back and forth to Scotland regularly. In 1845 at Dunbar, of East Lothian County, he marriedMargaret Moffat (1824 - 13 August 1891) The children from the marriage were Thomas Benjamine (1847 - 1897), Jane (1850 - 1904), Anna, and William (1856 - 1905). He died on 1 March 1893. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume III, p. 1368. Robinson, William, born in1814 at Lancashire. He came to South Australia from Victoria in 1841. He was a pioneer pastrolist at Hill River Station. There is no record of his wife's name but he did have one son who died in infancy as well as five daughters. He died at Christchurch, New Zealand on 9 September 1889. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume III, p. 1372 Slater, William, born at Preston, Kent. Religion - Church of England. Married Caroline Cowles on 10 March 1839 in Adelaide. They had two children: Cath Ann (1840) and Leeuwin Alfred (1843). Information extracted from Statton, J., ed., (1986), Biographical Index of South Australians 1836 - 1885, South Australian Genealogy and Heraldry Society Inc., Adelaide, Volume IV, p. 1497. Smillie, William, born in about 1811. He came to South Australia in 1839 on the ship Indus. His position in the colony was Advocate General at £500 per annum. His religion was Presbeterian and Methodist. He lived at North Adelaide, Kensington and Mount Barker. On 9 April 1844, he married Eliza Jan Farquarson in North Adelaide. The children from the marriage were Jeane Nairne (1846 - ?), a daughter (1848 - ?) and a son (1850 - ?). He died in Paris, France in December 1852. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Vol. IV, p. 1500. Smith, John, born on about 1807. On 24 September 1838, he married Ann Neilson (1820 - 18 November 1890) in Glasgow, Scotland. They travelled to Adelaide in 1839. At some time they went to Van Dieman's Land for some reason and came back to Adelaide in 1848. He worked as an Innkeeper at Smithfield for most of his life in South Australia. The children from the marriage were James Neilson (1839 - 1925), John (1841 - 1915), Alexander (1843 - 1903), Ann Alice (1845 - 1894), Margaret (1848 - 1915), William (1850 - 1912), Andrew Valance (1853 - 1932), Mary (1855 - 1855), Jesse (1856 - 1874), and, Marion (1859 - 1897). Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Vol IV, p. 1506. Smith's Inn, was located on the east side of Main North Road, Smithfield. John Smith opened the hotel in 1847 and called it the Wheatsheaf until 1848. After that date, the hotel took the name of the proprietor and John Smith remained the licencee until 1860. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 557, S-43. Sod Hut Inn, was located on Gum Creek. D. O'Leary was the licencee from 1850 - 1865. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 559, S-45. SOLOMON, George, was a carter living at Talisker Mine, Rapid Bay and then he moved to Delamere. His religion was Roman Catholic. On 6 February 1851, he married his first wife Rathoola (? - 28 August 1858) at Rapid Bay. (Marriage Registry, Volume 1, p. 336.) The children from this marriage were George (1850 - 1878), John William (1853 - 1946), Emanuel (1855 - 1922), and a child (1856 - 1856). Solomon applied for a selection of land at Rapid Bay. He was granted Selection No. 1512. After the death of Rathoola, the land was taken back by the government and his children were sent to Poonindie. He then married his second wife, Catherine Burke at Willunga on 21 January 1859. The children from this marriage were Anne Matilda (1861 - ?), William George (1864 - 1925), and Kate Watson (1866 - 1934). Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Vol. IV, p. 1517. Soper, George Henry. Police Sergeant with the Mounted Police with an annual salary of £98 5s.. Died 7 November 1861. His wife was Jane Newlands (? - 21 July 1878). The children from the marriage were Adelaide Victoria (? - 5 July 1860), John (? - 2 August 1872), and William (? - 4 January 1907). Information extracted from the records of the Registrar of Births Deaths and Marriages. Spring Inn, Black Springs. The one and only licencee was Daniel Cudmore in 1847. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 572, S-69. Stanley Arms, Main Road, Watervale. The licencees were Henry James Bleechmore 1847 - 1848, C. Greenslade 1848 - 1853, D. Steward 1853, and A. Goldsmith 1854 - 1860. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 579, S-83. Stephen, George Milner, born 18 December 1812 at Wells, Sommerset. His occupation was solicitor, barrister, and politician. Stephen married Mary Hindmarsh in Adelaide on 7 July 1840. The children from the marriage were Harold Wilberforce Hindmarsh (1841 - 1889), Ernest Henry Hindmarsh (1842 - 1900), Alfred Farish Hindmarsh (1843 - 1928), Keith Raymond Hindmarsh (1844 - 1850), Florence Mary Hindmarsh (1846 -1916 ), Raymond John Hindmarsh (1847 - 1847), Edith Hindmarsh (1847 - 1847) George Shadforth Hindmarsh (1848 - 1890), Herbert Shadforth Hindmarsh (1851 - 1851), Lionel Viney Hindmarsh (1854 - 1922), and, Evelyn Alfred Hindmarsh (1861 - 1951). They lived in both Adelaide and Stirling. Stphen died in Brunswick, Victoria on 16 January 1894. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Vol. IV, p. 1542. Strezlecki, Count Sir Paul Edmund de, born in 1797 near Poznan, in Prussian annexed Poland. Came to Australia in 1839 and travelled extensively in New South Wales and Van Dieman's Land. In 1840, he climbed and named Mount Kosciosko. He left Australia in 1843. In 1845, he published the work Physical Description of New South Wales and Van Dieman's Land. During the following period he mad various contributions to the debate about the nature of Australia. He died in 1873. Information extracted from Shaw, J., (ed.), (1984), The Collins Australian Encyclopaedia, Williams Collins Ltd, Sydney, p. 612. Titcume, William, married, Registry of Marriages, Volume 57, p. 51. No further record of Titcume is found. Records show also the marriage of Eliza Hannah Titcumbe on 25 May 1854 (Volume 18, p. 210). Tobin, John, born 1818. He moved to Violet Hill, Kapunda where he eventually was the licencee of the Victoria Hotel, Burra Road, Kapunda from 10 June 1884 until his death. He was a Roman Catholic. During this time he married Mary Costello. His children were Michael (1856 - 1886), Ann (1850 - 1875), Maria (1850 - ?) and Margaret (1856 - 1886). He died on 3 March 1886. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume IV, p. 1608 and Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 646, V-08. Travellers Rest, Main Street Claire. The licencees were J. Ryan 1846 - 1847, J. Dodson 1848 - 1851, J. Day (Jr) 1851, J. Dodson 1852, T. Diprose 1853, and W. McKenzie 1854 - 1858. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 579, S-82. Vicar of Wakefield, Port Wakefield. It operated for only one year under the licencee H. Treble in 1851. Information extracted from Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide, Part 3, p. 644, V-05. WALTERS, Gregory Seale, arrived in South Australia in 1848 and departed for England in June 1852. While in South Australia he was employed as a mine manager at Kooringa. Although the name of his wife is unknown, it is believed that she was of Spanish origin and came from Uraguay. He did have a daughter called Anna Manuella. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume IV, p. 1668. Warriner, Thomas, born in about 1810. He lived mainly around the Port Augusta region where he worked as a contractor. He died in Wilmington on 21 March 1887. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume IV, p. 1677. Webb, Charles Houlton, born 25 September 1818. He came to South Australia in 1848 on the ship HOOGLY. His religion was Church of England. He lived at Clare. His occupation was both surgeon and publican. The hotels he owned were On 28 May 1849 he married Elizabeth Meyler (1830 - 4 June 1916) at Burra. The children from the marriage were Cecil Houlton (1850 - 1897), Elizabeth (1851 - ?), Edith Evaline (1853 - 1928), Amelia Susan (1855 - ?), Florence Marian (1856 - ?), Edwin Alfred (1858 - ?), Augusta Lavinia (1861 - 1909), percival Richard (1862 - 1904), Maud Roberts (1864 - ?), Felix Earnest (1866 - ?), and, Adela Gertrude (1868 - ?). The Hotels he owned were as follows: FROM TO HOTEL NAME ADDRESS LOCATION REFERENCE 1853 1856 Clare Inn 244 Main North Road Clare Pt 3, p. 109, C-34 1864 1864 Clare Inn 244 Main North Road Clare Pt 3, p. 109, C-34 1864 1865 Commercial Hotel 302 Main North Road Clare Pt 3, p. 595, T-05 He died on 9 June 1870. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Vol IV, p. 1686 and Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide. Williams, Thomas Harold, born 3 February 1790 at Terleath, Cornwall. He was Church of England by faith. On 14 October 1815, he married Honor Wallis (1794 - 7 November 1876) at St Just in Penwith, Cornwall. The children from the marriage were Honor (1815 - 1873), Grace (1816 - ?), Jennifer (1818 - ?), Eleanor (1822 - ?), William (1823 - 1852), Sally (1824 - 1916), Thomas (1825 1896), Anne (1826 - 30), Peter (1832 - 1914), and Zacharias (1834 - 1898). The family moved to South Australia in 1840 on the Java. In Australia he worked as a slate quarryman, miner and farmer. He also laid out the sites for the village of Skillogollee Creek and Auburn. He died at Willunga on 26 July 1858. Williams, William, born on about 1800. He came to South in about 1836. He married Jane Catchlove (1815 - ?) on 2 July 1837 in Adelaide. The children from the marriage ere William (1838 - ?), Jane (1840 - ?), Mary (1841 - ?), Richardson Huey (1843 - 1886), Mary Laura (1845 - ?) and Frederick (1850 - ?). He died on 2 June 1854. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Vol IV, p.1722. Wyatt, William, Justice of the Peace. Born in May 1805 at Plymouth, Devonshire. He came to South Australia in 1837 on the ship JOHN RENWICK. His religion was Church of England. In South Australia he worked as a surgeon, Protector of the Aborigines and later became Inspector of Schools. Some time before arriving in South Australia, he married Julia (Julianna) Matthews (1808 - 14 March 1898). The children from the marriage were William (1838 - 1872), the twins Richard (1840 - 1840), and Julia (1840 - 1840), and finally Charles (1842 - 1849). He died in Adelaide on 10 June 1886. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume IV, p. 1751. Yates, James, born in Lancaster, Lancashire about 1812. Sent to Van Dieman's Land in 1837 on the NEPTUNE. Died on 5 September 1850. His convict record reads: James Yates, convict number 127. Charged and tried for stealing wearing apparel in a dwelling house. Prosecutor Mr Deakin. Sentenced at Lancaster Quarter Sessions, 22 May 1837 to a Life sentence which was later commuted to 14 years imprisonment. Also given a further 7 days for being disorderly in June. Hulk name "James Ayr." Surgeons report - Good. Transported on the ship "Neptune". Arrived in Hobart on 19 January 1838. 19 February 1839, Clayton. Charged by his overseer with using abusive language to him and profane swearing - 12 months hard labour in chains, directed to Governor. 25 November 1839, Smith. Misconduct in disrespectfully demanding a pass to proceed to the Avoca Police Office a few hours after he had come to this service and to complain of his slops - three months hard labour in chains and to be returned to the service of the Crown, it appearing he was sufficiently well clad. 6 December 1839, Oats. Chain gang. Due for assignment vide Lieutenant Governor's decision . 23 April 1840 Tully. Neglectful of duty and insolence 48 hours cells solitary confinement. 6 January 1841 (Tully) Disregard of order and absent without leave - 48 hours cells. 22 February 1841. Tully. Striking and obstructing a constable in the execution of his duty, 14 days cells. 22 May 1841, Tully. Insolence and disobedience of orders, 30 lashes. 22 January 1842 Tully. Disobedience of orders and neglect of duty. 6 hours in the stocks. 1 March 1842, Tully. Disobedience of orders and abusive language. 6 months hard labour in the woods and returned to the service of the Government. 11 March 1842, Town surveyors gang, Hobart then for assignment to vide Lieutenant Governors decisions. 25 May 1842, Assaulting a fellow prisoner 3 months hard labour. 10 June 1842, Town surveyors being established vied Lieutenant Governor's decision. 30 August 1842, Town surveyors gang, disorderly conduct. Existing sentence of hard labour on the roads extended and extended one month and returned to his party. 3 September 1842, Transferred vide Lieutenant Governor's decision. 10 January 1843, Labour, orphan school. Absent from muster, 3 days solitary confinement. 22 May 1843, Dumaresque Institution, in secretly conveying tobacco into the lock-up. 6 weeks hard labour. 26 May 1843, Town surveying gang Launceston vide Lieutenant Governor's decision. 27 January 1844 Griffin. Drunk and insolence. One month hard labour. & report to Governor. 12 April 1844, 1 Class. 5 September 1844, 3 Class. 5 December 1844, Ticket of Leave. 17 July 1845, Drunk, fined 5 shillings. 1 October 1846, Drunk, fined 5 shillings. YOUNG, Gavin David, born on 5 January 1825. He came to South Australia in 1847 on the ship THERESSA. He lived at Port Wakefield and practiced as a surveyor. On 2 November 1861, he married Francis Richman (8 June 1831 - 12 August 1906). The children from this marriage were a daughter (1862 - ?), Edith Emily (1864 - 1864), and a son (1866 - ?). He died on 26 February 1881 at Pau, France where he was buried. Information extracted from Stratton, J., (ed.), (1986), Biographical Index of South Australians 1836 - 1885, SA Genealogy and Heraldry Society, Adelaide, Volume IV, p. 1755. Appendix 2 Correspondence This section contains the all the known letters of Adams that still exist. They are presented in the original language and spelling. There has been no attempt to edit the letters to make them more readable. Responses to those letters have been included where it is felt that the reply adds additional sense to Adams' original letters. Most of the replies have been discussed within the body of this work. LETTER 1- Letter dated 14 February 1848, GRG 24/6, A (1848) 196. Seymers flat freberary The 6 1848 sir i went hup skilorgyre creek And Luked At That section of Land And i Thing it wold do verey well As There is plenty of good water And plenty of good Land for culteneshen By Mr hayden is got sheep There And he will Not A Low Me To go There with out A wreten A oder from you or goverement And if you can get it for Me i hope you will As soon As possebel you Need Not Thing That i shall drink Aney More for i have seen My foley in that And it is All over But supose i was To put hup A good house on it And Make A good garden it wold be All for govement when i die And my Not A Loue Me Bullakes To fence it in At wonce And culoutnet it But soispose i was To get sum cattel, pepel wold com Right hup To The section with sheep And if you doe Aney Thing i hope you wold Luke To that And plese To have The kindness To send Me the petkilers As soon As possebel for if dount get wot was promesed i Must leve The cunterey for i Thing pepel shuns Me And ples To drecket To penwortham velege Thos Adamas At Mr Jones i Remen yours Thos Adamas. LETTER 2 - Licence dated 24 May 1848, GRG 24/4, A (1855) 1633. By His Excellency, Frederick Holt Robe Esquire, Lueitenant Colonel in the Army, Lieutentant Governor of Her Majesty's Province of South Australia, Vice Admiral of the same. To Matthew Moorhouse Esquire, Protector of Aborigines of the said Province, and his successors in office, and also whom it may concern. Greeting, Whereas in order to encourage the adoption of settled habits and civilized usages, by the Aborigines, certain sections of Land have been reserved for their use; And Whereas an Aboriginal native woman named Kudnarto otherwise called 'Mary' hath been married in lawful wedlock to Thomas Adams of the Skilogalee Creek, labourer, and it is meet to encourage the settlement of herself and her lawful Offspring: Now Therefor Know, that I the Lieutenant Governor, in name on behalf of Her Majesty, by virtue of all powers me thereunder enabling, do hereby Grant full licence for the said Mary Adams for who during the term of her natural life to occupy, use and enjoy Section No. 346 consisting of eighty one acres more or less, being one of the said Aboriginal Reserves situated on the said Skylogalee Creek: and to clear, enclose and cultivate the said Section, and to build and erect any hut or erection thereon, and to cut, saw, split, and remove timber thereon, Provided always that these presents are granted on condition that the said Mary Adams shall and do settle and continue actually to reside upon the said land and shall not, by herself or any other, attempt to assign or underlet the same; Provided also that no possession or occupation under these presents shall give any title whatever to the said Land or alter the rights of Her Majesty, Her Heirs and Successors in respect thereto: And provided that in case of any offence or misconduct on the part of the said Mary or Thomas Adams, her husband, these presents may, at any time, on the report of the Protector of the Aborigines, be revoked and determined by the Governor. Given under my hand and seal at Adelaide the Twenty Fourth day of May, One Thousand eight hundred and forty eight in the Eleventh year of her Majesty's Reign. LETTER 3 - Letter dated 26 May 1848, GRG 24/4, A (1855) 1633. Colonial Secretary's Office Adelaide, May 26 1848. Sir, With reference to your letter of the 15 th February last, enclosing an application from Thos. Adams for permission to occupy an Aboriginal Reserve on the Skillygolee Creek, in virtue of his wife, an Aborigine of this Province, I have now the honor to transmit to you a licence under the hand & seal of the Lieut Governor, authorising the occupation of the same Section (No 346) by Mary Adams during her life time. This license is to be filed in your office, and - saving the right of the Crown - will be renewable on the death of the woman in favor of her lawful offspring according to their existing circumstances, & on such terms and conditions as may then be found proper. I have the honor to be, Sir, Your obedient Servant A.M. Colonial Secretary LETTER 4 - Letter dated 3 September 1848, GRG 24/6, A (1855) 1633. Skylogolee creek 3 september 1848 Sir, I seake leberty of Agean Adressing you i receved your plan of The section And ham leving on it But i find it verry Expensiff To Me for The hiere of Bullaks And dray i was Thingen of sending To The New governer for sum Assistance if it wos onley The Lone of sum Bullaks And dray for A Time it wold Be A great help To me And if you would have the kindness To spake in Behalf of My wife i should Teake it as A great faver But however if i get No Assistance i Must leve The Section for i Must go where The work is you say in your Letter that i ham Not Aloud To Let Aney of it But it is Not My which to Let Aney of it if i can get on with out it But i have got A verey poor chance for it would choust Me seventy or Ehighty poinds To fence it in But i could do All the work My selief if i could get Bullaks And dray But if Aney Thing happened To My wife Acordng To your Letter gorvement could clame it Agen And propes Me get Nothing of it plese To drekit To Me kerconda Skyloglee creek. i Reman yours obedent servent Thos Adamus LETTER 5 - Letter dated 22 July 1849, GRG 26/6, A (1849) 13571/2. Skillogolee Creek July 22/49 Your Excellency, I beg to inform Your excellency that I have permission from Mr Moorhouse to settle on Section 346 in Skillogolee Creek during the natural life of my wife. I have now one child by her which I beg to know within this section in my case my wife should die will fall to the children as I have no authority to occupy this section but for the term of her natural life and I wish to know from Your Excellency whether I have any permission to make any improvements on the section in case of her death. I wish to be informed whether I can still retain the same. I remain your most humble servent Thos Adams LETTER 6 - Letter dated 20 October 1849, GRG 24/6, A (1849) 1960. Skillogolee Creek October 20/49 Your Excellency, I Thos Adams herby present to Your Excellency a petition, hoping your Excellency will be pleas'd to consider the precariousness of my situation, and to grant the terms of Recompense I here as in some measure will renumerate me for the loss I shall be liable to sustain form the annoyance of Carters of ore from the Burra Mine to the Gulf, and as Mr Williams, the Manager of the Smelting Company at the Burra has purchased a section of land close to mine and is erecting a Public House on it for the accomodation of Bullock Drivers and being no water upon it, has ordered the Drivers to water their cattle at my water hole, and they are becoming to me and my property a great inconvenience, and as I am informed by Mr Moorhouse that there is no reserved water on my section, I do not relish at all to see what little property I am possessed of undergo any damage from depredation that their cattle will no doubt be liable to perform, therefore I hope Your Excellency will ordain it so that if I can not derive benefit from my land in one way, I may in another, therefore if it is Your Excellency's wish that the water on any section must be as a regular watering place for bullocks, I hope that your Excellency will sanction my proposal of charging so much a head for all Bullocks that come there to water or granting me authority to put a toll gate on the road through my section on if my proposals cannot be adhered to I hope Your Excellency will inform me some means whereby I may derive some little advantage to stop finally all depredation on the land I am bound if possible to protect. I conclude hoping Your Excellency will persue the contents of my humble petition. I remain your most humble servent Thos Adams LETTER 7 - Letter dated 31 March 1853, GRG 35/4 (1853). Skillogolee Creek March 31/53 Sir, I received your letter dated 26 th instant informing me to quit the Aboriginal Section No. 3055. Without proper authoritiy I did not know any land that the government reserved for the benefit of the natives was Crown Land therefor. I thought that Mr Moorhouse had the management of it and when Mr Moorhouse was this way just last winter he gave me leave to go and live on it and though that I have bound myself down until next spring. Sir I beg to say that I have nothing to do with any land only for the benefit of my wife which she can speak for herself and it was her wish to go and live there an time out of the way of the drays and bullocks on the Gulff Road. I selected that spot for a man that married one of the natives five years befor it was survied but the nebehours drove him away and now they are trying to drive me away which they will of course as I am but a poor man and cannot stand against the public. I remain your humble servant Thomas Adams LETTER 8 - Letter dated 15 May 1855, GRG 24/4, A (1855) 1633. Skylloggee Creek May 15 1855 Sir i went down To port Linclon with The children And came Back To porthayester As Mr hales had Nothing for Me To do i have seen The man That is on The section And he ows Me eight pounds of The Larst six Months Rent And i have Tould him To fowrd it To you And you And you can send it To Mr hales At port Linclon i shall go To port Linclon And see The children when i can Turn Myself i ham Now with capt Huges Near watervel Mr hales Tels Me That he will chresen And Babitise The children And send To Adelaide And i hope The section will be give To Them sir The Man is still on The section And i hope he will Not be interfeared with if he pays The Rent i want Noe from you if you would be so kind To Let Me No whean i could goe And live on The section if i could get A pardner To gin Me plese To have The kindness To send Me Ancer when you get The Monney drecket To Me At capten huges Near wortevel i Reman yours Most humbel servent Thos Adams LETTER 9 - Letter dated 26 May 1855, GRG 24/4, A (1855) 1633. Protector of Aborigines Office 26 th May 1855 Sir The enclosed communication from Thos Adams, who some years ago married an Aboriginal Native woman, has been received by me. His wife Mary Adams died three months ago & the two children have been placed under care of the Venerable Archdeacon Hale. The Government placed a section of land in Trust (document enclosed) for Mrs Adams & it was understood that in case of death, it should be given to her children. From the enclosed letter No. 1 it will be seen that Adams has let the Section which he had no right to do & he now wishes to be informed if he, would be allowed to live upn it, in case he should meet with a partner. I cannot see that he has any claim whatever upon the Section; his children are taken off his hands, & supported at the expense of Government. & under the circumstances I should think the rent of the Section should be paid into the Treasury with the understanding that the land should be given over to the children, when they arrive at full age. I have the honor to be Sir Your obedient Servt. M. Moorhouse Prot. of Aborigines LETTER 10 - File note dated 26 May 1855, GRG 24/4, A (1855) 1633. 1633/CSO 1855 Protr of Aborigines Letter fm T. Adams actn to Section of Land held by him by virtue of his marriage with an Aboriginal woman fowdg reps on 7/6/55 are written minutes of Col Secy. Grant within vide 2553/53 The written Grant only conveys this section to Mary for the term of her natural life. - & the land therefore reverts to the Crown. OK Richardson Referred to Mr Moorhouse Report within LETTER 11 - Letter dated 1 June 1855, GRG 24/4, A (1855) 1633. In reports + with his report and the Comr of Crown Lands. It is claimed that the licence only extends to the mother and not to the children. But if there has been a promise to extend a similar licence to the children under similar conditions it would be proper to carry it in to effect if the children claim it + there should appear to be no obstacle as to the husband he has no claim whatsoever. BT Finniss 1 June 55 LETTER 12 - Memo dated 6 June 1855, GRG 24/4, A (1855) 1633. Memo It appears to have been intended to grant a renewal of the licence in favor of the children on the death of the mother vide Col. Secretary's letter attached No. 735/48 I think the government should not recognise the letting of the section by the husband but that the property should be resumed and the section let in the ordinary way. The question of granting a renewal of the licence to the children will be a matter for after consideration when they come of age. Should it appear that improvements have been made on the section to any considerable extent, it might be a question whether in equity, the value of these improvements should not be allowed considering the uncertain tenure on which the land was held - In law In think the tenant could claim a right to hold the land until all growing crops are taken off - compensation for improvements might be awarded in the same manner as under pasterage leases. Chas Bonney Commissioner of Crown Lands 6 th June 1855 LETTER 13 - Letter dated 7June 1855, GRG 24/4, A (1855) 1633. Inform Adams that the Section is now resumed by the Govt., it not being considered he has any claim to it and that it will be leased by the Government which is now undertaking of the maintenance of the children. When the children are of age a similar licence to occupy with that granted to the mother will be made out in their favor. B.T. Finniss 7 June 55 1194/55 Colonial Secretary's Office LETTER 14 - Letter dated 7June 1855, GRG 24/4, A (1855) 1633. Adelaide 7 th June 1855 Sir With reference to your letter of 26 th Ultimo, respecting the application of Thomas Adams as to his right to let, or to resume possession of Section 346 of Skylogolee Creek, of which he had the occupation in virtue of his marriage with an Aboriginal Native Female, now deceased; I have the honor to instruct you to inform Adams that the Section is now resumed by the Government, it not being considered that he has any claim to it; and that the Government will lease it. The maintenance of the children in the Training Institiution is contributed to by the Govt., and when they are of age a licence to occupy the Section will be issued to them similar to that formerly made out in favor of their mother. I have + c. Sgd O.K. Richardson A.C.S. The Protector of Aborigines LETTER 15 - Letter dated 23rd July 1855, GRG 24/4, A(1855) 1633 Penwortham 23rd July 1855 Charles Bonney Commissioner of Crown Lands Sir, I have the honor to report that I have delivered the letter enclosed in your letter to me of the 5th instant directed to Thomas Adams to him, at the extreme North Station of Captain Hughes near Spencer's Gulf, the enclosed slips of paper was given to my by a Native that Adams had sent after me, the day after I gave your letter to him. Sir, in your letter of the 9th Instant it is stated that the Commissioner wished to have a report as whether there are any crops growing on the land which Adams holds and whether the present occupier asks for any time to be given him before he removes, I beg to report that when I visited the said section there was about 5 acres of wheat apparently self sown growing on it and a small garden. Murphy enquired of me what time would be allowed him to remove. I did not hold out to him any hope that he would be allowed to remain long in the occupation of the said section but told him that he would be required to quit at any time the Commissioner of Crown Lands thought proper. Murphy also expressed his willingness to pay the same amount of rent to the government as he hath being paying to Adams - viz twenty five pounds per annum. I have the honor to be Sir Your Obedient Servant John Coles LETTER 16 - Letter to the Private Secretary dated 16 December 1855, GRG 3/38, RSO No. 219 (1855). Hummocks Dec 16/55 To His Excellency Sir Richard Greaves Macdonald Sir, Having fell in with on the aboriginal natives of this colony in one thousand eight hundred and forty six and through her goodness I married her and protected her and it pleased providence to take her away from me on the eleventh of February last. She left two children behind her and I put them under Archdeacon Hale's care at Port Lincoln with his wish. But I do not feel myself happy without them and it is my wish to keep them on the land that was granted to their mother by Lieutant Governor Robe if Your Excellency will grant my request. And if the Government charge anything for them while under the Archdeacon I am will to pay it. I remain Your most humble and obedient servant Thos Adams Please address Thomas Adams Care Mr Frederick Post Office Clare. LETTER 17 dated 6th December 1858, GRG 52/1, 16/69 Thos. Adams Green Patch Port Lincoln 6th December 1858 To His Excellency the Governor of SA Sir, I take the liberty of addressing you respecting two boys of mine which, at the suggestion of Mr Moorhouse, I placed in the Training Institution at Poonindie then under the charge of Archdeacon Hale, in order that they might have an opportunity of obtaining a little learning but I now find that although they have been there upwards of three years, they might just as well have been in the bush all the time for the knowledge they have gained during that time. During a stay in Port Lincoln district of about sixteen months I have been several times to see them, and on each occasion found them as regards cleanliness and clothing worse then the Native children roaming about the bush - Finding this the case, and that they have no protector but myself I have taken them away. I ought to state to your Excellency that these children are the offspring from my marriage with an Aboriginal Native in the year 1847, and who died in the year I854 - During this interval of seven years I was living upon a section of land granted to her by His Excellency Governor Robe - Since that period I am informed the Section has been in occupation of a tenant who pays no rent whatever for it. I mention this to Your Excellency to know if some benefit ought not to accrue to the children from it - For myself individually I neither ask nor wish for anything. A reply addressed to me as below will greatly oblige. Sir Your obedient and humble Servant Thos Adams LETTER 18 - Letter dated December 16th 1858, Mortlock Library ref. 1380 Somerville Collection Volume 2, pp.175-176. Hammond Poonindie December 16th 1858 Bishop Short Archbishop of Adelaide Sir. I have the honor to lay before you for the information of His Excellency the Governor a statement of some circumstances which have reference to the charges made by Thos. Adams respecting two children of his who have been during the last three years at the Natives Institution at Poonindie. The facts are as follows: - During about the period he mentions he has occasionally visited the children, and has more than once expressed a wish to take the elder of the two with him. for the purpose of being, as he expressed himself, a companion to him in the bush, while he undertook a shepherd's situation - this on all occasions I have dissuaded him from doing until rather more than two months ago he came and expressed a wish that I would take him into my employ at Poonindie, as shepherd so that he might have the boy with him. This, on various grounds I declined doing; and he then again said he should like to have the elder boy with him, for a time, as a companion; - again endeavouring to dissuade him from this, I told him that if he persisted in his wish, which however he had an undoubted right to do - as the father of the child - still that I on the other hand should not deem it incumbent on me to re-admit him - The result was, that he took the elder boy; leaving the younger, whom he has throughout said he did not wish to have with him, at Poonindie, where as an illustration, or rather as an entire contradiction of the truthfulness of his statement, he still remains with us. I should have mention that on no occasion has the father made any complaint to me regarding the appearance of the children. Now the truth is that the elder boy has always manifested great carelessness and want of cleanliness in his habits - more so I do not hesitate to aver than the natives we have with us, and these habits have very frequently given us much trouble in the endeavour to overcome them; and the frequent destruction of clothes given to him rendered it necessary to confine him to such as were at once durable and inexpensive. I remain LETTER 19 - Letter dated 20th February 1867, GRG 52/7/3 Protector of Aborigines Letter Book, Volume 3 Aborigines Off ice Adelaide 20th February 1867 Mr T. Adams Fountain Station Green Patch Port Lincoln Sir, I beg to acknowledge the receipt of your letter of the 7th Instant and have the honor to inform you that section 346 Killogalee Creek is leased to Mr W G Long, with the rent paid up until the 31st December 1867 consequently I cannot entertain your application but at the same time that will not prevent your son from making a fresh application for any unselected section. I am Sir Your obedient Servant L.B. Scott Acting Protector of Aborigines LETTER 20 dated January 9th 1869, GRG 52/1, 16/69 Port Lincoln January 9th/69 The Honorable The Commissioner of Crown Lands Sir I have married the first Aboriginal Native Woman of this Colony in 1848 and had a grant of a section of Land. By His Excellency Governor Robe with an understanding of renewal in favour of her children through that marriage having had two sons it is their wish for me to apply on their behalf has the oldest one Thomas Adams is married to an half-caste girl of Poonindie by the Reverend Doctor Hammond and they are desirous of gaining information whether they can Select a Section of Land at Port Lincoln in place of the one granted their deceased mother; by me going with them. So you will be greatly obliging me with answer directed to me at Mr Williams Weaver's Happy Valley Port Lincoln I remain yours respectfully to Command Thomas Adams P.S. The reasons for enclosing the Declaration with this letter was through Arch Deacon's Hales not having registered the children in the Book of Poonindie when they are Christened. Yours respectfully Thomas Adams LETTER 21 - Letter dated April 8th 1875, GRG 52/1 Poonindie April 8th 1875 E Hamilton Esq. Protector of Aborigines Sir, In the year 1867 my father applied for the liberty to occupy section No. 346 Skylogalee Creek near Clare on account of his having married a native woman. my mother - I received a letter from the Government to say that it would be surveyed for me, but I have lost the letter about four or five years ago. I have been living at Poonindie for about 20 years and I understand farming and can drive a reaping machine, plough and do all farm work - I believe the Government can give me a grant of land, as they have done to other Natives and if they will do so, I can work it and the Trustees of Poonindie will give me some farm tools and some seed wheat. Please sir, to give me an answer and see what can be done as a promise was made by letter to me to give me a Section. I remain, Your obedient Servant, Thomas Adams LETTER 22 - Letter dated April 8th 1875, GRG 52/1, Covering Note: Aborigines Office 157.7 I would respectfully submit the desirability of some provision being made under which a really deserving Aboriginal could secure a life interest in a certain portion of land renewable to his descendants subject of course to such conditions as might be deemed necessary to prevent the privilege being abused. Hamilton LETTER 23 - Letter dated April 8th 1875, GRG 52/1, Covering Note: Aborigines Office 157.7 "I can find no legislative authority for making a gratuitous grant to an Aboriginal. An Aboriginal Reserve may be proclaimed and by Act No. 31 of 1872 reserves may be leased for 14 years and the rent may be nominal." LETTER 24 - Letter dated March 9th, 1895, Hale's Personal Papers Archives Bristol University Reference Nos 130/208 Point Pearce March 9th, 1895 My dear father, I with the rest of our sons and daughters who are still alive received one of your printed letters that you sent to Mr Hawkes intended for us. It pained us very much to learn that the news concerning the fate of Poonindie had reached you for we know such could not have been but a blow to you in your letter you refer to us no doubt having heard that in the early days of Poonindie we often had sorrowful times when it pleased God to take from us some of our beloved one first and then another causing us much grief. As I am not one who have heard but one who saw and experienced those times we indeed had much sorrow and how at those times you used to talk to us about the bible and taught us to remember how God said we must through much trial and tribulation enter the kingdom of Heaven some of us now are here on Point Pearce Mission and some at Point McLeay Mission separated from one another and I feel as if we are strangers in a strange land and now dear father Poonindie is taken from us but not though leaving good results I am sure it would please you very much to see some of the young people who have grown up to themselves but to the place where they have been brought up and who are now living monuments of the good work that Poonindie has done and of Christ Jesus. 14 to 15 of your children are down at Point McLeay Mission under care of one Mr Sutton who is truly good and kind man. Some of your children are here on the Point Pearce Mission but we can't help feeling that we are amongst strangers and the time is indeed hard with us but we know that here we have no continuing but we seek one to come add that the time will come when we will go to join those our friends whom you speak of in your letter ... Your children who are here on Point Pearce would like to hear from you once more before you leave us and we all hope to meet in that Heavenly Country where parting and sorrow will never more reach us. I must now close my letter to you with love and am very thankful that I am able to write this letter to you. I am your dear son in Christ Jesus Thomas Adams Minutes of evidence of Aborigines Royal Commission, SA Parliamentary Papers, 1913, Volume 2. William Adams (Aboriginal) called and examined: 2353 By the Chairman - Have you any special work on the station? - No I am just an ordinary member of the community. 2354 How long have you been Iiving here? - About 25 years. 2355 what Is It that you would like In connection with the land question? - I think that a portion of our community should be working on blocks of land on their own account instead of on wages. 2356 Why do you prefer farming? - Because I want to do better for myself. 2357 Are you one of the discontented people at this Mission? If so, will you please name the matter you are discontented with - (1) We are anxious that something should be done for the rising generation. (2) More attention should be given to the social welfare of the young people instead of devoting too much time to the commercial interests of the station. New conditions are being forced upon us, and we have to fall into line with more civilised ideas. Tom Adams (junior), called and examined: 2481 By the Chairman - Do you work on the station here? - Yes: I am one of the general hands. 2482 Do you get constant employment here? - No. 2483 You have heard the evidence of the previous witness. is there anything additional you would like to put before the Commissioner? - I am not prepared to say much. We are all very anxious that some of the most suitable ones should be put on the land. Perhaps it would be better to give, say, half a dozen a start as a trial and we would judge of their efforts whether the scheme would be likely to prove successful. 2484 Is there anything else you would like to put before the Commissioner? - Yes. I would like to see some provision made for the younger generation. 2485 By the Hon J. Jelley - Would you be able to conduct your own business affairs If you had a block of land? - Yes; I think I could. I had a chance once, but the Government took the land away. Appendix 3 Handwriting Analysis SYMMETRY The middle zone may be neglected which indicates that the writer is rather reserved, frugal and modest. He has a sense of objectivity and a philosophical outlook. Though he is masculine in his make-up, he nevertheless has an inferiority complex. And he is rather impractical. PEN PRESSURE When we speak of pressure and its absence we always assume a pressure pattern that appears harmoniously in down strokes of the writing. But certain persons cannot or will not follow the natural rhythm. Their pressure comes in strange and threatening lumps. This phenomenon has been noticed quite often in the handwriting of criminals with homicidal tendencies. There are many dark spots and heavy strokes in this type of script, but they are not arranged in any reasonable, natural order. At the least the writer will probably be found to be a hypocrite, deceitful and dishonest. He definitely will not be a man to be trusted. Indeed, he is to be avoided, especially in a business deal. MARGINS Irregular right margins show a certain lack of sense of economy and tell of unwise thrift, but there is also a love for adventure and travel, reserve alternating with loquacity, gregariousness alternating with a desire to remain alone, and ambivalent social attitudes. DIRECTION OF THE LINES Quite often we see arched or convex lines. Obviously the writer of these lines has approached his aim with ambition and a pushing spirit, but in a short time his zeal declines and he loses interest and gives up before the task is completed. His mental stamina is such that he cannot be relied upon to forge steadily towards his goal. SPACE BETWEEN THE LINES When the middle zone may reach remains fairly clear but the letters of the lower zone crowd the capitals of the next line we meet the writer who seems absolutely normal until an emergency, a crisis other unexpected occurrence reveals him as quite irresponsible. He is quite able to manage the daily routine, but in an emergency will undoubtedly lose his head. SPACE BETWEEN WORDS Words on paper follow one after the other very much as they do in speech. A person who speaks with pauses may do so because he is accustomed to pondering and considering before he acts, or because he wants to stress each word of his calculated speech and let it sink in, or perhaps he does not know what to say, or is overcome by emotion. He will space his words on paper, the spacing being wide and even. On the positive side, the writer probably has an interest in literature, is fond of music or poetry. He will be an introvert with deep feeling, firmly rooted convictions, cautious and rather critical. Introversive. SPACE BETWEEN LETTERS Going back to when we were children, we were taught to end the last letter of a word with a flowing stroke. Capable of logical and systematic thinking; co- operative; reasonable; realistic; unimaginative; lacking initiative; lack of intuitive thinking and acting. SLANT People who write with a right slant are the social, affectionate and demonstrative individuals who need the company of others and who choose the right kind of vocation in which they are in constant contact with their fellow men. Human relationships mean more to them than material gain. They are the extroverts and they are normally more bent upon activity than upon contemplation. Their emotions, more than their reasoning, guide them in the formation of important decisions, and they are sentimentalists. Increasing right slant at end of words indicates having an interest in a thing which grows the more he studies it; being able to hide his true intentions; having optimism which overpowers his original reserve; hot-headed; when excited losing self- control; quick-tempered. SIZE Tall capitals - Intelligent; ambitious; having the spirit of enterprise; far sighted; independent; religious; proud; idealistic; having the will to dominate though perhaps a dreamer. Capitals may extend themselves into the lower zone - Intellectually interested in the unconscious, as with poets, musicians, authors, artists, psychologists. CONNECTING STROKES Enclosing garlands - mentally reserved; practised in unspontaneous and calculated 'kindnesses'; scheming, narrow minded. Angles with Heavy pressure - Possessing a fighting spirit; vehement; guilty of brutal opposition; domineering. When vocationally misplaced; querulous, restless. CONCEALING STROKES In arcades: capable of shrewd restraint or sly lying and hypocrisy. LOOPS Very high, prone to creating fantasies; dreamer. Long 'y' loop with pressure: possessing a sense of the dramatic, and healthy physical appetites including sexual impulses; athletic; fond of dancing, swimming, walking. FINALS The o's and a's open at the top and s open at the base indicate generosity in the writer when his emotions become involved. They tell us that he shows a tendency to be talkative. Long final stroke: generous, liberal. HORIZONTALS 't' bar long and weak: lacking in self confidence. 'i' dot to the left: cautious, hesitant. PUTTING IT ALL TOGETHER POSITIVE NEGATIVE RELATIONS WITH OTHERS RELATIONS WITH OTHERS ambitious X2 ambivalent social attitudes enterprise avoided, especially in a business deal. idealistic calculated 'kindnesses' convictions deceitful x 2 independent hide intentions systematic hypocrite x2 Intelligent irresponsible religious scheming reasonable shrewd restraint realistic sly lying proud unreliable liberal untrustworthy logical modest objectivity PHYSICAL RELATIONS PHYSICAL RELATIONS adventure brutal opposition athletic dominate x2 dramatic hot-headed x3 fighting spirit loses his head physical appetites no self-control swimming restless. travel sexual impulses walking vehement ACTIVITY ACTIVITY co-operative no initiative dreamer X3 no self confidence. far sighted hesitant. generous X2 reserved x3 gregariousness Intellectually interested in the unconscious narrow minded. interest in a thing grows the more studied cautious x 2 optimism which overpowers his inferiority complex original Introversive x3 philosophical outlook impractical. reserve low stamina OTHER OTHER critical spendthrift talkative x2 unimaginative unintuitive unspontaneous frugal unwise thrift ANALYSIS Adams is rather reserved and introverted. It is an ambivalent reserve alternating with a tendency to be talkative. He can be gregarious and generous but this alternates with a strong desire to remain alone. Though he is masculine in his make-up and a sentimentalist by nature, he nevertheless suffers from an inferiority complex. Adams possesses a sense of objectivity and a philosophical outlook upon life. He has deep feelings stemming from firmly rooted convictions. However, he is very cautious. He approached goals with ambition and a pushing spirit, normally more bent upon activity than upon contemplation. Emotions, and a fighting spirit, rather than reasoning, guides him in the formation of important decisions. This manifests itself in a love for adventure and travel. Unfortunately, in a short time his zeal declines and he loses interest and gives up before the task is completed. His mental stamina is such that he cannot be relied upon to forge steadily towards his goal. He is rather impractical. He displays a frugal and modest attitude but suffers from a certain lack of sense of economy and indulges in unwise thrift. Characteristically, he seems absolutely normal until an emergency, a crisis other unexpected occurrence reveals him as quite irresponsible. He is quite able to manage the daily routine, but in an emergency will undoubtedly lose his head. He is described as hot-headed and quick-tempered becoming querulous in response to issues that upset him. He is seen as being domineering and can be guilty of brutal opposition. Finally, Adams displays a strong streak of dishonesty. He is practised in unspontaneous and calculated 'kindnesses'; scheming, narrow minded. He writing indicates that he is definitely will not be a man to be trusted. Indeed, people are cautioned to avoid him in matters of business. Bibliography PRIMARY SOURCE DOCUMENTS The GRG series of documents relates to the Government Record Group. These are located at the State Archives, King William Road, North Adelaide. The PRG series of documents relates to the Private Record Group. These are located at the Mortlock Library., North Terrace, Adelaide. Newspapers are located at the Mortlock Library in microfilm form. Births Deaths and Marriage records are found in microfische form at both the State Archives and Mortlock Library. Department of Lands and Surveys, Old Treasury Building, King William Street, Adelaide. The office has all the Field Books of the surveyors, Survey Maps and the V Books which are Volumes detailing the opening up of land to various settlers. Each area in South Australia has a description and history. BOOKS AND ARTICLES 'Pootpobberrie an Aboriginal Legend', The Public Service Review, February 1913. 'Transactions of the Statistical Society - Report on the Aborigines of South Australia', The Southern Australian, 11 January, 1842. Act No. 12, 7o & 8o Victoria. Act No. 20 of 1981 30o Elizabethae II, Pitjantjatjara Land Rights Act. Act No. 3 of 1984 330 Elizabethae II, Maralinga Tjarutja Land Rights Act. Act Number 8, 7o & 8o Victoria (Assented 12 August 1844). Act XCV, 4 & 5o Guliemi IV, (1835) The Statutes of United Kingdom of Great Britain and Ireland, Vol 13, Eyre and Spottiswoode London. Adelaide Chronicle Adler, E., et. al., Justice for Aboriginal Australians, Australian Council of Churches, 1981. Attorney General v. Brown, (1847) 1 Legge 312. Australia (1973) Aboriginal Land Rights Commission: First Report, Australian Government Publishing Service, Canberra. Australia (1974) Australian Government Commission of Inquiry into Poverty, Aboriginals and Islanders in Brisbane, Australian Government Publishing Service, Canberra. Australian Joint Copying Project, Public Records Office in London, Reel 3214. Australian Government Publishing Service. Australia (1974) Aboriginal Land Rights Commission: Second Report, Canberra, Australian Government Publishing Service. Bateson, M., (1899), Records of the Borough of Leicester, Cambridge. Beaglehole, J.C., ed, (1968) The Journals of Captain Cook, Cambridge University Press. Blackstone, Commentaries. Bennet, J.F., (1842) The South Australian Almanack and General Directory for 1842, Robert Thomas & Co., Adelaide. Bloomfield, P., (1961) Edward Gibbon Wakefield, Builder of the British Commonwealth, Longman London. Bourke, C., Johnson, C., & White, I., (1981), Before the Invasion: Aboriginal Life to 1788, Oxford University Press, Melbourne. Brennan, F., (1985) Aboriginal land rights in WA: a property rights approach, AIPP Critical Issues 1 - Land Rights and Legitimacy, Perth. Brennan, F., Land Rights Queensland Style, University of Queensland, 1992. Brock, P., (1989), Poonindie, The Rise and Destruction of an Aboriginal Agricultural Community, South Australian Government Printer, Adelaide. Budden, C, (1982) A Question of Balance, Costless Printing. Bull, J., (1884) Early Experiences of Life in South Australia, Adelaide. Calder v Attorney-General of British Columbia, (1973) 34 D.L.R (3d). Cawthorne, W.A. "Rough notes on the manners and customs of the Natives", Proceedings of the Royal Geographical Society of South Australia, 1925-26, Vol 27. Clark, C.M.H., (1973), A History of Australia, Vol. 3, Melbourne University Press. Criminal Sentences index cards, State Records Centre, GRG 36/1. Dampier, W, (1937) A New Voyage Round the World, Black, London. Department of Aboriginal Affairs, Exploration and Mining on Aboriginal Land in the Northern Territory, Canberra, 1988. Edwards, M., (1986), Tracing Kaurna Descendants: The Saga of a Family Dispossessed, Unpublished typescript, South Australian Education Department, Adelaide. Edwards, R., (1975), The Kaurna People of the Adelaide Plains, Museum, Adelaide. Eldershaw, B., (1977) Phillip of Australia, Angus & Robertson, London. Engel, F., The Position of the Australian Aborigines, Australian Council of Churches, 1978. Evatt, E., (1968) "The Acquisition of Territory in Australia and New Zealand", Grotian Society Paper. Eyre, E.J., (1845), Journals of Expeditions of Discovery into Central Australia and Overland From Adelaide to King George's Sound in the Years 1840-1, London. Fisher, T. (1993) Mabo and the Monarchy, NSW National Party Conference, Wagga Wagga, Sunday, 20 June 1993. Goldsmith, O., (1909), The Deserted Village, London. Guerin v. The Queen (1985) 13 D.L.R (4th) 321 (S.C.C). Hale, M.B., (1889), The Aborigines of Australia: Being an Account of the Institution for their Education at Poonindie in South Australia, London, SPCK. Halsbury's Laws of England, Property Law, Vol 22. Hamann, J., (1973) The Coorong Massacre, Flinders Journal of History and Politics. Hamlet of Baker Lake and Ors. v. Minister of Indian Affairs and Northern Development (1980), 107 D.L.R. (3rd) 513 (F.C.T.D.). Hammerton, J.A., (ed), Cassell's World Pictorial Gazetteer, Cassell, London. Heeres, JE, (1899) The Part Borne by the Dutch in the Discovery of Australia 1606-1765, Luzac London. Hobbes, T., (1914) Leviathan, Everyman edition, JM Dent, London. Hoad, JL (Bob), (1986), Hotels and Publicans in South Australia 1836 - 1984, Australian Hotels Association, Adelaide. Houston, C., & Ellis, B., (1976), The Aboriginal Inhabitants of the Adelaide Plains, Aboriginal and Historic Relics Administration, Adelaide. In re. Southern Rhodesia (1919) A.C. 211. Johnson v McIntosh (1823), 21 U.S. 240. Kurdsen, S., (1971), Graphology - The New Science, Galahad Books, New York. Le Case de Tanistry (1608) Davis 28; 80 E.R. 516. Lindley, (1926), The Aquisition and Government of Backward Territory in International Law. Mabo v. Queensland (1992) 175 C.L.R. 1, (1992) 107 A.L.R. 1. Maddock, K., (1974) The Australian Aborigines, Penguin, Melbourne. Maddock, K., (1983)Your Land is Our Land, Penguin, Melbourne. Manning, G.H., (1990) Manning's Place Names of South Australia, Adelaide. Marjoribanks, A., (1843) Travels in New South Wales, London. Marx, K., (1890), Capital, Vol. 1, Progress Publishers, Moscow. Meyer, H.E.A., "Manners and Customs of the Aborigines of the Encounter Bay Tribe", published in Wood, D., et. al., (1879), The Native Tribes of South Australia, E.S. Wigg & Son, Adelaide. Milirrpum and Ors. v. Nabalco Pty Ltd and the Commonwealth of Australia, (1971) 17 F.L.R. 141. Morse, BW, (1987) Providing Land and Resources for Aboriginal Peoples, Ontario. Murray, A., (1848) The South Australian Almanack and Town and Country Directory for 1848, Murray, Adelaide. Nganyinutja, (1993) Anangu Pitjantjatjara Homelands Policy, Anangu Pitjantjatjara Umuwa. Peterson & Langton, ed., (1983) Aborigines, Land and Land Rights, AIAS, Canberra. Phillip, J., (1962) A Grand View of Things: Edward Gibbon Wakefield, Nelson Melbourne. Pittock, B., (1972) Aboriginal Land Rights, IWGIA, Copenhagen. Pope, A., (1989) Resistance and Retaliation - Aboriginal-European Relations in Early Colonial South Australia, Heritage Action Bridgewater. Protector's Report, Second Quarter 1842, June 30 1842 - South Australian Public Records Office, CSO 483/1842. Queensland Parliamentary Debates, Vol. LXXXVI (1901). Rev. Davies, D., (1795), The Case of Labourers in Husbandry stated and considered, London. Roberts, J., (1981) Massacres To Mining - The Colonisation of Aboriginal Australia, Dove Communications, Victoria. Robinson and York, (1977) The Black Resistance, Widescope. Schürmann, E., (1987) I'd Rather Dig Potatoes: Clamor Schurmann and the Aborigines of South Australia, 1838 - 1853, Lutheran Publishing House, Adelaide. Select Committee on South Australia, British Parliamentary Papers, (1841) Volume IV, Paper Number 394. Short, T., (1850) Timothy Short's Journal of Passing Events, Adelaide. Simon v. The Queen (1986) 24 D.L.R. (4th) 390 (S.C.C.). South Australian Aboriginal Child Care Agency Forum Constitution and Statement of Principles. South Australian Government Gazette. South Australian. Taplin, G, (1864) Yarildewallin, South Australian Auxiliary of the British and Foreign Bible Society. Taplin, G., "The Narrinyeri", published in Wood, D., et. al., (1879), The Native Tribes of South Australia, E.S. Wigg & Son, Adelaide. Teichelmann, C.G., (1841), Aborigines of South Australia, SA Wesleyan Methodist Auxiliary Missionary Society, Adelaide. Teichelmann, C.G., and Schürmann, C.W., (1840), Outlines of a Grammar, Vocabulary, and Phraseology of the Aboriginal Language of South Australia, Adelaide. The Aborigines Act of 1911 (SA). The Catholic Commission for Justice and Peace, (1978), Aborigines - A Statement of Concern, EJ Dwyer, Sydney. The Church of Jesus Christ and the Latter Day Saints, (March 1992), International Geneological Index. The Legislative Council Select Committee, (1860) Report on the Aborigines, Paper 167, SA Govt Printer. The South Australian Resgister. Third Report of Colonization Commissioners for South Australia, Parliamentary Papers, (1839) Volume XVII, Paper Number 255, Appendix Number 11. Tindale, W.B., (1974), Aboriginal Tribes of Australia, 2 Volumes, Canberra. Wakefield, E.G., (1929), A Letter From Sydney and Other Writings, Everyman Edition, J.M. Dent, London. Wakefield, E.G., (1962) Plan of a Company to be Established for the Purpose of Founding a Colony in South Australia, Facsimile Edition, Adelaide. Websters Encyclopaedic Unabridged Dictionary of the English Language, 1989, New York. Williams v. Attorney-General for New South Wales (1913) 16 C.L.R. 404. Worcester v. Georgia (1832) 31 U.S. 350. Wyatt, W., "The Adelaide Tribe", published in Wood, D., et. al., (1879), The Native Tribes of South Australia, E.S. Wigg & Son, Adelaide. Yelland, E.M., (1970), Colonists, Copper and Corn, Hawthorn Press, Melbourne. Wylly, (1923), Manchester Regiment, London.