Pioneering Yea settler Peter Snodgrass was ‘robbed’ by 10 Aboriginal men, a Court was told in 1841.

Ten-year sentences of transportation were given to nine local Aboriginal men in 1841 after they were found guilty of robbery at Muddy Creek (Yea).
The Port Phillip Patriot newspaper (Jan. 7, 1841) reported:
“The sittings of the Court of Quarter Sessions commenced on Monday, and terminated yesterday. “The only case of any general interest which came be fore the Court was the following :
“Tarruk-munnin, Nandermiel, Loger-ma-koon, Piengingoon, Kowin-yowlett, Waverong, and four other Aborigines were put to the bar, before a remarkably full bench of magistrates, charged with robbing a station belinging to Mr. P. Snodgrass, on the Muddy Creek, of some flour, mutton, nnd other articles.
“The information contained three counts.
“The first charging the prisoner Tarrak-munnin as a principal in the attack on the station; the second charging the other prisoners as accessories ; the third charging all the prisoners generally. :
Mr. Assistant Protector Thomas, and a young man named Davis were sworn to in terpret: Mr. De Villiers was also subsequently sworn as interpreter.
“The Crown Prosecutor, in addressing the jury, said he should make no lengthened statements as to the circumstances connected with the assault and robbery, or attempt in any degree to aggravate the case against the prisoner.
“They were ignorant of our laws,
and to a great extent unprotected. He
should therefore merely state to the jury what was the law in reference to stealing with violence, and proceed to call witnesses to substantiate the charge.
“Francis McCarrick stated that on the 17 th March last, a party of Aborigines came to his hut, many of them armed with guns and pistols. “He identified six of the prisoners as being present on the occasion.
“They pushed him and a man named. Deighton into the hut. He succeeded, in getting outside.
“One of the prisoners held him and another attempted to get his gun away.
“A black named Winberry said he commanded the party. They pointed their guns at them.
“Deighton at last got out, and called upon Winberry to protect them.
“Winberry said he was no good, “he” (mean ing Deighton,) ” too much yabber to mas ter. He asked for sheep, we told him we could not give them.
“He said the sheep eat the grnss belonging to his kangaroo, and white fellow took kangaroo, and what-for
not give him sheep.
“He then said some thing in his own language to the blacks and one of them fired – into the air.
“Winberry then said all gone sulky, and I went to my sheep.
“They afterwards took some flour
and mutton.
“On cross-examination by Mr. Barry for the prisoners, he said that when they came up he told them if they booed white man he would boo them.
“The same blacks had been at the station may times before, but they had always been peaceable.
“They had visited the station since, but without hostility.
“Deighton, on being examined, corroborated the evidence of M’Carrick, and pointed out Piengingoon as the black who took the flour out of the hut.
“On cross-examination he stated that he had shot one of the blacks’ dogs the previous day: it was among his sheep.
“There were no black women there that day. There might have been one at the hut the day before.
:”This closed the case for the Crown.
“Mr. Barry addressed the jury in behalf of the prisoners in a forcible and eloquent peech, of which we regret we have it not in our power to give a correct report.
“The Chairman summed up the evidence, pointing out to the jury that the prisoner Waverong (who is a Port Phillip native, all the others belonging to the Goulburn tribe) was not identified by either of the witnesses.
“The jury after a few minutes consultation found all the prisoners guilty, with the exception of Waverong, who was immediately discharged.
“The sentence of the Court was that the prisoners should be transported for ten years.
“On this sentence, which we think under the peculiar circumstances of the case monstrously severe, we shall make some remarks in a future number,” said the Editor of the Port Phillip Patriot.
No record can be found of the Patriot Editor raising the subject again.
The Port Phillip Gazette newspaper said that the offences had taken place on October 11, 1840, and that the aboriginal men had been confined in the interim. after the “celebrated capture” by Major Letsom.
In October, 1840, the Gazette had reported: “In consequence of representations having been made to the Authorities of the approach of seve
ral tribes of Natives to the vicinity of the town (no mention of which town), for the purpose of holding a Corroborra (sic) previous to a battle, it was resolved to attempt their
capture; the more especially as it had been made known that two or three of the most desperate character, (Jagga Jagga, Winberry, and Billy Hamilton) were among the tribes. “Accordingly the Military under the command of Captain Smith and Lieutenant Vignolles of the 28th Regiment, with the Border Police headed by Major Letsom and Mr. Russell, and a number of Constables proceeded about midnight to the scene of the natives’ festivities, situated between two and three miles from the town.
“Upon seeing themselves surrounded, the blacks were thrown into considerable consternation; and finding that their weapons had been seized, would have surrendered quietly, but for the opposition made by “Winberry,” who, being thus entrapped, made a desperate blow at Mr. Vignolles.
“He, however, missed his aim; but recovering was about to repeat the attempt before that gentleman could even draw his sword to defend himself; whereupon the sergeant discharged his musket, and this noto rious murderer and robber instantly fell.
“It appeared that the ball had passed through a main artery of the head.
“The remainder of the gang were secured, con sisting of between two and three hundred (including women and children) and were led captive into town and placed in a yard in the rear of the Military Hospital for identification, by any of the settlers as having been concerned in any outrages.
“Thirty three were picked out as
having been aggressors in numerous cases of cattle and sheep stealing, as well as being concerned in several of the murders which from time to time have occurred in the interior districts. “These ruffians were placed in irons and deposited in the jail, including Jagga Jagga or Jacky Jacky and Billy Hamilton.
“The remain der were locked up during Sunday and the night in the newly erected store of Mr. Rattenbury, at the back of the new church, being placed under the custody of only two constables.
“The consequence was, as might have been anticipa ted, from having so slender a guard, that some thirty or forty of the men effected their escape during the night.
“They had been deprived of all their tomahawks and other implements, but nevertheless they contrived to undermine the foundation of the building, and excavated a hole
sufficiently large to enable one man at a time to creep through.
“It seems that when every thing was ready for escape, they had sufficient sagacity to resort to a ruse for the purpose of withdraw ing the attention of the constables from the spot, which was on one side of the store, whence they meant to effect their release.
“A small number, some three or four old decrepid men, made a rush towards the entrance to the stores, which having no door was barricaded with boards nailed across.
“One of the constables conceiving that the blacks were intending to
force their way through, and it being about two o’clock in the morning, at a time when there was no possibility of obtaining any assistance, fired his musket at the ringleader whom he killed, and this decisive measure had the effect of producing instant quiet “It was, however, very soon afterwards discovered that the whole
of the men with the exception of those employed in this manoeuvre, had escaped.
“Those that remained were released at Twelve o’clock on Monday morning, and being rationed with small supplies were allowed to return to their Mia-Mia’s in the bush.
“The whole of the spears and waddies found with the blacks were destroyed; and a number of muskets were taken from them.
“At the same time by direction of the government, the greater portion of their dogs were put to death.
“The thirty-three natives confined in the jail will be detained for trial, or subject to such orders as may issue from head quarters.
“In the mean time they are allowed to be inspected by those settlers who may have suffered from their depredations, for the purposes of identification,” the Gazette noted.