Biography

Known as Jimmy. Jimmy was shot in the back at the local rubbish tip by another Aboriginal, named Toola, better known as "Jacky". At Toola's trial, it was stated that "When arrested, 'Jacky' had made a. statement to the constable, admitting the crime, and it was to this effect:— 'Jimmy, he's all time growl. .He swear at me and three times say he will kill me. I went into a tent. I got a rifle and put one cartridge in it. I went outside and fired at Jimmy and shot him in the back. Jimmy fall down. I run away in the bush frightened.'" Toola had been arraigned on a charge of having wilfully murdered Jimina and was on trial for that charge. Toola and Jimina had grown up together but now Rita was involved and there were frequent arguments as to whether Rita was Jimmy's woman, or Jacky's. Stealing another man's 'gin' was not an uncommon cause of grievance in the Aboriginal community. The jury, after a brief retirement, returned a verdict of guilty of wilful murder, but asked his Honor to take into consideration the accused's race. His Honor, after reading the section of the Code providing for sentence of death, said that the accused, as an Aboriginal, had probably never heard of it, and even if he had, did not understand it. His duty was to carry out the law and he, therefore, passed sentence of death. But it seamed to him, that he would be erring in his duty if he did not say he would recommend that the sentence should not be carried out in this case. He would therefore recommend the Governor to treat the accused as he thought every native had been treated before in respect of such offences.