The following extract from another letter, also addressed to his Honour
the Superintendent, shews the opinions and feelings of the writer, a
Magistrate of the Colony, and a Commissioner of Crown Lands, in the
Geelong district.
"In offering my candid opinion, I submissively beg leave to state, that for the last three years, on all occasions, I have been a friend to the natives; but from my general knowledge of their habits of idleness, extreme cunning, vice, and villany, that it is out of the power of all exertion that can be bestowed on them to do good by them; and I further beg leave to state, that I can plainly see the general conduct of the native growing worse, and, if possible, more useless, and daily more daring. One and all appear to consider that no punishment awaits them. This idea has latterly been instilled into their minds with, I should think, considerable pains, and also that the white men should be punished for the least offence.
"In reply to the latter part of your letter, I beg leave to bring to your notice that, at considerable risk, two years ago, I apprehended a native for the murder of one of Mr. Learmonth's men, near Bunengang. He was committed to Sydney gaol, and at the expiration of a year he was returned to Melbourne to be liberated, and is now at large. In the case of Mr. Thomson's, that I apprehended two, and both identified by the men who so fortunately escaped. It is a difficult thing to apprehend natives, and with great risk of life on both sides. On the Grange, and many parts of the country, it would be impossible to take them; AND IN MY OPINION, the only plan to bring them to a fit and proper state is to insist on the gentlemen in the country to protect their property, AND TO DEAL WITH SUCH USELESS SAVAGES ON THE SPOT."
Captain Grey bears testimony to similar feelings and occurrences in Western Australia. In speaking of capturing some natives, he says, vol. 2. p. 351. "It was necessary that I should proceed with great caution, in order not to alarm the guilty parties when they saw us approaching, in which case, I should have had no chance of apprehending them, and I did not intend to adopt the popular system of shooting them when they ran away." And again, at page 356, he says, "It was better that I, an impartial person, should see that they were properly punished for theft, than that the Europeans should fire indiscriminately upon them, as had lately been done, in another quarter."
Even in South Australia, where the Colonists have generally been more concentrated, and where it might naturally be supposed there would be less likelihood of offenders of this kind escaping detection and punishment, there are not wanting instances of unnecessary and unprovoked, and sometimes of wanton injury upon the natives. In almost all cases of this description, it is quite impracticable from the inadmissibility of native evidence, or from some other circumstances, to bring home conviction to the guilty. [Note 50 at end of para.] On the other hand, where natives commit offences against Europeans, if they can be caught, the punishment is certain and severe. Already since the establishment of South Australia as a colony, six natives have been tried and hung, for crimes against Europeans, and many others have been shot or wounded, by the police and military in their attempts to capture or prevent their escape. No European has, however, yet paid the penalties of the law, for aggressions upon the Aborigines, though many have deserved to do so. The difficulty consists in legally bringing home the offence, or in refuting the absurd stories that are generally made up in justification of it.
[Note 50: Vide Chapter 9, of Notes on the Aborigines.]
A single instance or two will be sufficient, in illustration of the impunity which generally attends these acts of violence. On the 25th January, 1843, the sheep at a station of Mr. Hughes, upon the Hutt river, had been scattered during the night, and some of them were missing. It was concluded the natives had been there, and taken them, as the tracks of naked feet were said to have been found near the folds. Upon these grounds two of Mr. Hughes' men, and one belonging to Mr. Jacobs, another settler in the neighbourhood, took arms, and went out to search for the natives. About a mile from the station they met with one native and his wife, whom they asked to accompany them back to the station, promising bread and flour for so doing. They consented to go, but were then escorted AS PRISONERS, the two men of Mr. Hughes' guarding the male native, and Mr. Jacobs' servant (a person named Gregory) the female. Naturally alarmed at the predicament they were in, the man ran off, pursued by his two guards, but escaped. The woman took another direction, pursued by Gregory, who recaptured her, and she was said to have then seized Gregory's gun, and to have struck at him several blows with a heavy stick, upon which, being afraid that he would be overcome, HE SHOT HER. Mr. Hughes, the owner of the lost sheep, came up a few moments after the woman was shot, and heard Gregory's story concerning it, but no marks of his receiving any blows were shewn. On the 23rd of March, he was tried for the offence of manslaughter; there did not appear the slightest extenuating circumstances beyond his own story, and his master giving him a good character, and yet the jury, without retiring, returned a verdict of Not Guilty!
At the very next sittings of the Supreme Court Criminal Sessions, another and somewhat analogous case appeared. The following remarks were made by His Honour Judge Cooper, to the Grand Jury respecting it: "There was also a case of manslaughter to be tried, and he called their attention to this, because it did not appear in the Calendar. The person charged was named Skelton, and as appeared from the depositions, was in custody of some sheep, when an alarm of the rushing of the sheep being given, he looked and saw something climbing over the fence, and subsequently something crawling along the ground, upon which he fired off his piece, and hit the object, which upon examination turned out to be a native. The night was dark, and the native was brought into the hut, where he died the next day. He could not help observing, that cases of this kind were much more frequent than was creditable to the reputation of the Colony. Last Sessions a man was tried and acquitted of the charge of killing a native woman. That verdict was a very merciful one, but not so merciful, he trusted, as to countenance the idea that the lives of the natives are held too cheaply. The only observation that he would make upon this case was, that it was ONE OF GREAT SUSPICION."
[Note 51: I believe this case was not brought to trial.]
Other cases have occurred in which some of the circumstances have come under my own notice, and when Europeans have committed wanton aggressions on the Aborigines, and have then made up a plausible story to account for what had taken place, but where, from obvious circumstances, it was quite impossible to disprove or rebut their tale, however improbable it might be. In the Port Phillip District in 1841, Mr. Chief Protector thus writes to the local Government.