LAW AND JUSTICE.

Auckland Star, Volume LXV, Issue 139, 14 June 1934, Page 11

LAW AND JUSTICE.

AUSTRALIAN BLACKS, MURDER TRIAL AT DARWIN. PUBLIC PROTESTS MADE. (From Our Own Correspondent.) SYDNEY, June 7. The perennial trouble! arising out of the conflict between whites and blacks in this country, and the neceseity for adjusting their rival claims, assumed a new form at Darwin last week. Eight natives were"on trial for the murder of two prospectors, Arinski and Hoch, on the Fitzmaurice River (Northern Terriitory), in November, 1932. The evidence against them was provided by other natives, one lubra describing in gruesomo detail how the various missiles— hook-nosed, bottle and shovel spears — penetrated the bodies of the white men, and another also explaining at length how the murderers hacked the bodies into fragments' and threw them into tho crocodile-infested stream. Judge Wells was on the Bench, and though he has often absolutely refused to accept the testimony of blacks against whites, he seems to have taken all itho statements made by the black Crown witnesses as true and accurate in every particular. He sentenced the eight prisoners to death, and made his speech the occasion for the use of much forceful language. The judge was, of course, well aware that a recent proclamation by the Federal Govei'innent had given Counts dealing with crimes committed by "abos." discretionary powers to modify sentences and to stop short of the death penalty. But he said that this case was of such a nature that Cabinet when it framed the new ordinance "could not have had it in mind as a proper case for the abolition of the death penalty." He described this murder as "an unprovoked, treacherous, brutal and cold-blooded crime," and in after passages of his summing up he dealt with the atrocious nature of the deed in terms of almost hysterical vehemence. Plea Made In Vain. In vain, did counsel for the defence remind the Court that seven of the eight murderers- are "myalls" —'wholly uncivilised bush-Wacks —and that "they acted only as their ancestors had acted for thousands' of years/ . Judge Wells would listen.to nothing in their favour, and he took occasion later on to recur to one of his favourite topics—the embarrassment to ■ which the Courts are exposed by "the interference of out-siders'S-in other words, tho Protection of Aborigines Society and similar organisations—in the discharge of their duties. ' Tho judge remarked that he regarded the achievement of Constable Langdon in securing the arrest of the murderers aa "a very effective answer to those who suggest that the Northern Territory police are not capable of dealing with atiy situation' that might arise." "No one seenie to be , quite certain what circumstances may have aroused the antagonism of the' blacks against all whites in the district where these prospectors were murdered. Another Murder Trial. , Just now there is another murder- t v rial in progress in Darwin, where three abos. are charged with killing one of the crew of tf Japanese trepang lugger. The witnesses have testified that the Japanese had carried off four of the native women and locked them up in their smokehouse, and that the murder was committed in revenge for this outrage. Incidents of this sort have been only too frequent on the coast of the Northern Territory, and however horrible the murder of the two white prospectors on the Fitzmaurice River may have been, some allowance must be made for the impression produced upon the natives generally by the abominable treatment to which they have been so frequently subjected by whites and Orientals. In any case, there has already been a strong demonstration against the severity of the sentence imposed by Judge Wells, and a demand for its revision. It is already reported from Canberra that "it may be taken for granted that the death sentence will not be carried out" in the case of these natives. Of course, Mr. Perkins, Minister for the Interior, will l consider all the -aspects of tho case, including the judge's remarks.. But he will also take into account the resolutions carried condemning the sentence by important public organisations. Influential Resolutions. A conference of 47 delegates representing 4000 citizens, meeting in Melbourne last week, under the auspices of the Victorian Council Against War, carried a motion which deplored the action of Judge Wells "in not dealing in a more enlightened manner with the aborigines, who are ignorant of our laws and customs," and demanded the establishment of special courts for the trial of abos, "who should be free to live in their own territory without interference." In Sydney an urgently convened meeting of the Association for the Protection of Native Races has passed a resolution drawing attention to the remarks made by Judge Wells at the trial of the eight murderers, and requesting " that "the Commonwealth Government should appoint another judge to try cases in tho Northern Territory where natives are concerned."