Case file
Myall Creek massacre
In June 1838, white settlers were expanding into the New England region of the Colony of New South Wales, on the traditional lands of the Kamilaroi people near the Gwydir River, leading to conflict over land and resources between colonists and Aboriginal people. A group of about thirty-five Wirrayaraay people, part of the Kamilaroi, had been invited to camp near Henry Dangar's Myall Creek station by convict stockman Charles Kilmeister for protection from marauding stockmen operating in the district.
On 10 June 1838, John Henry Fleming, a free settler, led a group of eleven stockmen — mostly former or assigned convicts — to the station. The Wirrayaraay fled to a hut seeking protection, but the stockmen tied them together with rope and led them away to a gully about 800 metres from the station huts, where they killed all but one woman, whom they took captive. Station hutkeeper George Anderson, who refused to take part, said he heard only two shots; testimony at trial indicated most victims were killed with swords, and that children had been beheaded. The party later returned, dismembered and burned the bodies, and searched for other Wirrayaraay people who had been away at a neighbouring station.
Station manager William Hobbs discovered the remains days later and reported them, and squatter Frederick Foot carried the report to Governor George Gipps in Sydney. Gipps, supported by Attorney General John Plunkett, ordered Police Magistrate Edward Denny Day to investigate. Day arrested eleven of the twelve accused; only Fleming evaded capture.
Two trials followed before the Supreme Court in Sydney. In the first trial (R v Kilmeister No. 1), heard from 15 November 1838, all eleven accused were acquitted after a twenty-minute jury deliberation, despite testimony from Anderson, Hobbs and Day. A second trial (R v Kilmeister No. 2) proceeded against seven of the men on a separate charge concerning the killing of an unnamed six-year-old Aboriginal child. On 30 November 1838, the jury found Charles Kilmeister, James Oates, Edward Foley, John Russell, John Johnstone, William Hawkins and James Parry guilty of murder. Justice William Burton sentenced them to death on 5 December 1838, and Governor Gipps declined clemency. The seven men were hanged at Darlinghurst Gaol on 18 December 1838. The remaining four men initially charged, along with Fleming, were never convicted; the four were released in February 1839 after the prosecution's key Aboriginal witness, a boy named Davey, could not be located to testify, and Fleming was never captured or tried.
The case provoked strong public reaction in the colony, including editorials from some newspapers condemning the executions and defending the perpetrators. A memorial to the victims was unveiled near Bingara on 10 June 2000, and the massacre and memorial site were added to the Australian National Heritage List in 2008 and the New South Wales State Heritage Register in 2010. The memorial has been vandalised on more than one occasion, including in January 2005 and September 2021.
Key facts
- Victims
- On file
- Date
- 1838
- Location
- Myall Creek station, near Bingara, New South Wales, Australia
- Case status
- solved
Case timeline
1838-06-09
A group of armed stockmen led by John Henry Fleming arrive at Henry Dangar's Myall Creek station.
1838-06-10
Stockmen kill at least 28 unarmed Wirrayaraay people at Myall Creek.
1838-11-15
First trial (R v Kilmeister No. 1) begins before Chief Justice James Dowling.
1838-11-29
Second trial (R v Kilmeister No. 2) begins before Justice William Burton.
1838-11-30
Jury finds seven defendants guilty of murder.
1838-12-05
The seven convicted men are sentenced to death.
1838-12-07
Executive Council of New South Wales ratifies the death sentences.
1838-12-18
Seven men are hanged at Darlinghurst Gaol.
1839-02
The four remaining accused are released after key witness Davey cannot be located to testify.
1852
John Blake, one of the men acquitted at the first trial, dies by suicide.
2000-06-10
A memorial to the victims is unveiled near Bingara.
2005-01
The memorial is vandalised.
2008-06-07
The Myall Creek Massacre and Memorial Site is added to the Australian National Heritage List.
2010-11-12
The site is placed on the New South Wales State Heritage Register.
2021-09-24
The memorial site is again reported vandalised.
2023-06-09
The Sydney Morning Herald publishes an editorial apologising for its 1838 coverage of the trials.
Best coverage
No approved coverage links are attached yet.
People
Edward Foley
CONVICTEDConvicted of murder in the second trial and executed on 18 December 1838.
William Hawkins
CONVICTEDConvicted of murder in the second trial and executed on 18 December 1838.
Charles Kilmeister
CONVICTEDConvicted of murder in the second trial and executed on 18 December 1838.
John Blake
ACQUITTEDAcquitted in the first trial and not retried; died by suicide in 1852.
John Russell
CONVICTEDConvicted of murder in the second trial and executed on 18 December 1838.
James Oates
CONVICTEDConvicted of murder in the second trial and executed on 18 December 1838.
John Henry Fleming
CHARGEDAlleged leader of the massacre; evaded arrest and was never tried.
James Parry
CONVICTEDConvicted of murder in the second trial and executed on 18 December 1838.
John Johnstone
CONVICTEDConvicted of murder in the second trial and executed on 18 December 1838.
Roles reflect public records and court outcomes at the time of writing — supporting citations are on file under Sources.
Places
Common questions
- What happened to the victim?
- On 10 June 1838, twelve colonists rode to Myall Creek station in northern New South Wales and killed at least 28 unarmed Aboriginal Wirrayaraay people, mostly women, children and elderly men. Seven of the perpetrators were later convicted of murder and hanged, in one of the few colonial-era massacres of Aboriginal Australians to result in convictions.
- Where did the massacre happen?
- Myall Creek station, near Bingara, New South Wales, Australia.
- Who was convicted?
- Edward Foley (Convicted of murder in the second trial and executed on 18 December 1838.), William Hawkins (Convicted of murder in the second trial and executed on 18 December 1838.), Charles Kilmeister (Convicted of murder in the second trial and executed on 18 December 1838.), John Russell (Convicted of murder in the second trial and executed on 18 December 1838.), James Oates (Convicted of murder in the second trial and executed on 18 December 1838.), James Parry (Convicted of murder in the second trial and executed on 18 December 1838.), and John Johnstone (Convicted of murder in the second trial and executed on 18 December 1838.).
- What is the current status of the case?
- Status: solved.
Related cases
View all cases
Sources
- ENCYCLOPEDICMyall Creek massacreWikipedia · 2026-07-07
- PRESSWhere can I find information on the Myall Creek Massacre?nla.gov.au · 2026-07-07
- PRESSVandals deface two Australian memorialsThe Sydney Morning Herald · 2026-07-07
Record history
- First published
- JUL 07, 2026