Two hundred years ago Newcastle was changing. Initially founded in 1804 as a place for secondary incarceration and punishment of the most troublesome convicts, after 16 years it was becoming more established.
Coal was being mined and shipped, cedar was being cut, salt and building lime was being made, and agriculture was developing in the fertile Hunter Valley.
Governor Macquarie had appointed James Wallis as commandant, and the initial temporary buildings were being replaced by permanent government buildings including a prison and a colonial hospital, and port improvements such as the Macquarie pier out to Nobbys island.
As happened elsewhere, the local Aboriginal people were facing the difficult adjustment to this European invasion. One man, Burigon, came to be recognised as the 'King' of the 'Newcastle Tribe' (now identified as the Awabakal people) and formed a warm and respectful relationship with Wallis.
Wallis reminisced later about Burigon, describing him as a "shrewd fellow", a skilled hunter and tracker, and "very expert with his waddy".
He guided Wallis on his journeys "through trackless forest" and no doubt helped many others. Burigon and others of his tribe entertained Governor Macquarie with a corroboree during his official visit to Newcastle in 1818.
Two hundred years ago, there were many white people who realised that justice had to be applied to all - irrespective of race.
Later, Burigon sent his 'fine boy, ten years old' with Wallis to go to the native establishment formed at Parramatta by Governor Macquarie, presumably to learn the ways of the white man. Burigon said he hoped that he would learn to build a fishing boat and return to Newcastle. Wallis movingly recalled Burigon's obvious mixed emotions at the time. (Biraban was another boy sent away to Sydney. He later to returned to his country, underwent initiation and worked closely with Threlkeld the missionary to document the Awabakal language.)
By this time there was a camp of indigenous people on the hill behind the church, about where Newcastle Grammar School now stands. On October 26, 1820, two prisoners (John Kirby and James Thompson) escaped, and a party of soldiers and police went after them. The soldiers had only just started out when they heard that the escapees had been apprehended and were being held at the native's camp.
A group led by Burigon were bringing in the prisoners, who were under guard with spears. As they met the soldiers, Kirby struck out at Burigon with a concealed knife, stabbing him in the abdomen. The convicts were overpowered, but it was immediately obvious that Burigon was seriously injured.
Burigon was taken to Newcastle Hospital to be treated by surgeon Mr Fenton. He received medical treatment there for three days, but after that could not be convinced to stay and decided to rejoin his tribe to be traditionally healed. He returned to the hospital for redressing of his wounds over the next few days.
Fenton's records leave no doubt that the wound went deep into the peritoneum, and Burigon's fate was probably sealed the moment of stabbing. Although he initially stabilised, he deteriorated and died on November 7.
The legal system was swift and brutal in those days. A court hearing was held on November 18 in Newcastle, with multiple witnesses giving evidence about the events. Thompson, wisely, gave evidence for the Crown against Kirby.
Three weeks later in the Court of Criminal Jurisdiction in Sydney Kirby was found guilty of wilful murder. Sentence of death was immediately pronounced upon him, with "his body directed to be dissected and anatomized". Kirby was executed on December 18. John Thompson was acquitted. It was noted at the time that Kirby was the first European in Australia to be punished for killing an Aborigine.
Burigon was no angel. Two years earlier he had killed his brother in an argument over a woman and had undergone brutal traditional punishment afterwards. Some would say he had become a collaborator with the white invaders. The changes he saw, and the choices he faced, are difficult to imagine.
But he was a survivor.
Two hundred years ago, there were many white people who realised that justice had to be applied to all - irrespective of race. There was already recognition that Aboriginal people were entitled to cultural respect, equality under the law, and good medical care.
Burigon's life, and the events of his death, mattered then. And 200 years later, it still matters.
