Trial and Execution of Natives

Almost immediately on the com pletion of the criminal session, a memorial was drawn up and presented to His Excellency the Lieutenant Governor (Sir Henry Edward Fox Young), asking for a respite of the sentence of death passed on the four natives. The list of the memorialists is too long to quote in full, but among the names are those of the Bishop, Archdeacon Hale, J. H. Fisher, William Giles. E. C. Gwynne, John Stephens, John Baker, John Hurt and Edward C. Wollaston. His Excellency sent the memorial to the judge. The Protector of Aborigines, who had attended the trial, could not sign the memorial, but he wrote a Iong and forceful report to the Colonial. Secretary, and inter alia said ". . . . and must conscientiously declare my conviction, that had they been Europeans, the juries would not, from the evidence produced, have brought them in guilty" also "the chief evidence against them was given by natives, a kind of evidence which a few days before had been rejected as dangerous and unsatisfactory when given against Europeans" (with reference to this see remarks by Henry Price, J.P. when dealing with the Dwyer for alleged poisoning of natives,— J.D.S.).

He also drew attention to the prejudicial feeling existing in the minds of the juries, which was forcibly displayed during the late trial, the judge having to tell a stubborn juror, in one case, "that to return a verdict contrary to the evidence, would be deemed murder" and also "the poor natives meet with little sympathy or compassion before a tribunal composed entirely of white men." He asked for lenient and merciful procedure, and if that could not be granted he said he would "have some difficulty in believing the declaration, that the natives enjoy the protection of the British law."

JUDGE'S WRONG PREMISE

The Acting Judge sent on a report to the Colonial Secretary, of the trials in connection with the murders of Hamp and Beevor, which His Excellency returned for the consideration of Judges Cooper and Mann. Probably prior to that instruction from the Governor, Acting Judge Mann wrote a long report to the Colonial Secretary on the memorial. As judge, he put the legal case before His Excellency, but from a layman's point of view all his arguments must fall to the ground on account of a wrong premise, for in his report he states that the outrages charged against them are without exception aggravated by a common and concerted design. This inference is strengthened by a reference to dates. The murder of Mr. Beevor took place on the 3rd of May last, on the 7th May the murder of Mrs. Eastone was committed, on the 28th of May the plunder of Mr. Home's station occurred and on the 18th of June the murder of John Hamp ; and to emphasise this point he pictures the natives starting at Beevor's, 45 miles from Port Lincoln; then going to Easton's (80 miles) Home's (109), and finally Hamp's (124 miles from Port Lincoln). Irrespective as to whether these mileages are correct or not, the rotation is wrong, for Hamp's murder occurred the year previous to Beevor's, so that there was no concerted action between the murderers of Hamp and Beevor, al though probably members of the same tribe may have been implicated in both. The Acting Judge also said, "The close sequence of events to which allusion has been made cannot be overestimated." (Readers must bear in mind that the Judge is reporting on the cases of the murder of Hamp, 1848, and Beevor, 1849.) Not satisfied with stating this once, he reiterates it in another way "the existence of unity of design and preconcerted plan are inconsistent with the plea of ignorance."

TWO NATIVES REPRIEVED

As previously stated, the trial papers were laid before the Executive Council on October 24, the recommendation being that His Excellency be advised not to respite the prisoners. At the same time as the trial papers were laid on the table, the Acting Judge's report, the memorial and the Protector of Aborigines' report were also taken into consideration. On October 25, His Excellency the Lieutenant Governor in his despatch to the Secretary for State, went very fully into the Executive Council's reconsideration of these sentences of death and said, "As I concur in this advice, the sentence of law will lake its course," and in the seme report, referring to remarks about the absence of police protection of these outlying sheep stations, he remarked that in some districts, in all cases parallel to the Port Lincoln district, there was "a happy exemption from mutual feuds, and my impression is that when common prudence and forbearance and fair dealing towards the natives on the part of the settlers are observed, the risks of collision are very slight. It is however no part of prudence for a solitary European to introduce flocks and herds into the vicinity of natives, however kind may be his deportment towards them, for a powerful band of uncivilized men may be expected to deal treacherously with the civilized but solitary and power less possessor of property peculiarly adapted to excite their cupidity."

The Lieutenant Governor added a postscript to the despatch saying that at the instance of Judge Cooper (October 26), who entertained grave doubt as to whether the identity of ' Tommy ' and Hamp had been legally established, an Executive Council meeting was held on October 27, and although the Acting Judge, the Executive Council and His Excellency still adhered to the opinion of the correctness of the previous determination, deferred to Judge Cooper's advice and reprieved and pardoned two natives, who had been sentenced for murdering Hamp.

The Lieutenant Governor had the benefit of the views of the Protector of Aborigines, on some phases of the above despatch regarding police protection, for the protector had stated that in the Port Lincoln district there were about 400 Europeans and these at their various stations were brought into contact with about 200 aborigines. Prior to the 1848-49 murders there were four policemen, after the murders four more were added, which the protector considered ample to afford protection to both the black and white population. He still maintained that settlers should act judicious with regard to their property, and the shepherds should preserve the native women inviolate.

WARRANT SIGNED

Judge Cooper on October 26 signed the warrant for the execution of Kalgalta and Nintilta for the murder of Mr. Beevor, and in accordance with the desire of local J's.P., it was arranged that the execution should take place at the scene of the murder. While the Protector of Aborigines was in Port Lincoln, he had approached the justices as to the site of execution, if any natives were sentenced to death. Henry Price, W. S. Peter and Chas. Driver all expressed the opinion that if the death sentences were to be carried out, immense benefit would be derived by the example being made if possible on the spot and among the tribes by whom the crimes were committed.

Price gave a calm review of the case of the four condemned. Nintalta had been known to him for three years, during which time he was very often at Price's station. Peter thought at least one native should be executed in the district as "a real kindness to both white and blacks," checking the prevalent feeling that the Government screened the natives from justice and would take away the desire for revenge which such a feeling is sure to give rise to among persons whose occupation constantly exposes them to be treacherously cut off by an invisible foe and who in such, circumstances would be quite ready to rid themselves on all occasions of so dangerous an enemy, a thing they could do without the remotest chance of detection. It would also show the blacks that such outrages could not be perpetrated with impunity but were sure to be visited sooner or later by a severe punish ment; both parties would thus be more inclined to keep within bounds of the law, and we should not hear so often of these brutal murders on both sides, of which there have been lately, so many lamentable instances."

EXECUTED NEAR PORT LINCOLN

Mr. Driver's opinion was that if life sentences were enforced they should be carried out on the spot "as the aborigines will thereby learn the practical lesson, that if they can spear to death, the white men can hang to the same effect." If the slaughter, as was subsequently pictured, actually occurred, then it was not necessary for Driver to suggest such a wholesome lesson to the black, as the hanging of four of their countrymen. Sheriff Chas. B. Newenham applied for the Yatala for November 3, 1849, to take four natives to Port Lincoln for execution. His Excellency the Governor considered that the final scene on these two would have a salutary effect on the two reprieved prisoners if they witnessed it, therefore the sheriff was instructed to take Mangalta and Mingalta with him.

The party boarded the Yatala on the evening of the 3rd. on Sunday, November 4, the boat left the harbor at daylight, but contrary winds and heavy gales prevented the boat reaching Port Lincoln before the evening of Tuesday, November 6. The party left Port Lincoln on Thursday, but one of the reprieved prisoners was so ill he could not go. Peter's station, 35 miles out was used as a campsite that evening, and the following day the 15 miles to Beevor's station were travelled — over a very bad road across the stony ranges. Noon on November 9 saw them at their destination, and the extreme sentence of the law was effected without accident and the party returned again to Peter's station for the night.

Saturday saw them in Port Lincoln with the bodies of the two culprits which were interred within the precincts of the gaol. A native boy was taken from Peter's station to witness the execution. He afterwards went to Mr. Dunkin's station, where he minutely described to several natives the scene he had witnessed. The sheriff acknowledged the efficient assistance he received from Inspector Birkely (apparently from Adelaide), Corporal Geharty and the police force under him, which acted as his escort. The 'South Australian Register,' giving an account of the execution, referred to Hamp's atrocious murder, and stated that all attempts to collect a number of natives to be present at the sorry event fail ed. This was accounted for by the Government Resident that the great body of natives at that season of the year were engaged in their barbarous ceremonies on their youth ; further, it was remarked that at the last full moon, the distribution day for the issue of flour — which had been in force for six or seven years — passed without the attendance of a single native.

ANOTHER NATIVE CHARGED

In February, 1850, another native, Mululta, was charged at the Port Lin coln court with being an accomplice in the murder of John Hamp and was remanded to Adelaide for further trial. What happened to this native has not been ascertained; it is doubtful, whether he was ever sent to Adelaide and he was most probably discharged at Port Lincoln.

In the same month the Protector of Aborigines asked for a warrant to discharge Mangalta and Maingalta from gaol. These two were handed over to the protector. On March 14, 1850, Mangalta and some other native were returned to Port Lincoln, but Mangalta died on the journey across, disappointed at such a length of time of his being on the journey to his own country. It is not apparent whether Maingalta was also on board, but possibly he was, and it may be that Mingalta, who in June, 1850, was apprehended at Port Lincoln on suspicion of being concerned with the murder of Beevor and subsequently discharged, is the same native. Ngnrkaita, who had been sentenced in March, 1849, to two years' imprisonment, was released in May, 1850, on account of ill-health. Two natives, Yongkie and Mingalta, whom ; the Government Resident had committed for trial in Adelaide, were released in June, 1850, as the Advocate General considered the evidence was insufficient.

(Another Instalment Next Week.)