WHITE JUSTICE.

Auckland Star, Volume LXVI, Issue 55, 6 March 1935, Page 11

WHITE JUSTICE.

AGAINST NATIVES.

ABORIGINES' "EXECUTION."

ORDERED BY THE TRIBE.

(Prom Our Own Correspondent.)

SYDNEY, February 24:-

Last week at a session of the Supreme [ourt, held at Alice Springs—the first

ession of this tribunal in the Northern erritor3 - —two aborginals were eon-

icted pf murdering another native, and icro sentenced to 10 years' imprison. j cut. The case created a great deal (F interest in Sydney, largely because iveral of oar leading anthropological Authorities maintain that the aboriginals should not be tried by the ordinary British procedure, but that special tribunals should be established, and that the native customs and traditions should be taken into account in administering tho law.

In this instance, special intei-est attached to the plea raised in defence of the accused, that they were compelled to execute judgment to an offender by "the law of the tribe."

Of course the natives, defendants and witnesses alike, seemed quite incapable of understanding the real nature of the proceedings lint their testimony all pointed in one direction. They insisted that the native who had been killed had incurred tribal vengeance by revealing to his "lubra" a secret "corroboree" scar on kis arm and explaining its significance, and apparently on the decision of the elders of the tribe the two accused were detailed to execute the penalty of death. A Judge's Difficulty. When this plea wae submitted Judge Wells at first seemed inclined to ridicule it, then .adjourned tho ease for further information on tho point, and finally "handed down" a ten years' sentence. He said in passing judgment that "it is difficult to know what to do with such people—it would be a mistake to let them off, and we don't -want to hang them. ,. So imprisonment for a lengthy term eeemed to be the only alternative.

I Aβ to the plea advanced in defence of the accused, there seems to be no doubt Ibout its validity. Miss Pink, a univerity research worker who has spent ears among the tribes in Central Ausralia, wrote to the Minister for the nterior assuring him that she is "per;ctlv certain" that, if an abo showed

icred markings to a woman, it would iean death to him. Walker, the half-

iste interpreter at the N.T. Supreme (hurt, fully confirmed this view, detaring that the'two accused had been tdered to carry out the tribe's decree, aid that they would not hav;e killed the wtim of their own accord. ' Speaking with scientific authority, Pofessor A. P. Elkin, head of the 4thropoligical department at Sydney diversity, strongly supported this ojtnion. Assuming the man who was "ieeuted" had really revealed the eared mysteries to a woman, his death wjuld be assured, and natives would be infcructed to carry out the punishment asb, necessary vital duty. In the light of such testimony it might have been cxected that the Court's attitude totard the accused would have been loss rig 4 and uncompromising than British lav demands in the case of white offjndera. fnfortunately. Judge Wells, who preeidfd at this trial, is not sympathetiinclined toward the aboriginals, an<| is not disposed to instigate the severity of the law on their behalf. On otlir occasions I have quoted illustrations of his prejudice against them, and alsi of his violent hostility to the missioiaries, the anthropologists, and all the other "busybodies in Sydney and Melbourne," who have at various times tried to mitigate his stern dealings with the natives. i During this last trial, Judge Wolls lid not miss the opportunity to hit out |.t his critics. "These anthropologists," grumbled, when adjourning the Court lo consider the case for the defence, khey are always where they are not ranted and never whore they are Wanted," and when Mr. Webb (for the accused) made a plea for leniency and of mercy, Judge Wells broke in derisively, "It is no use talking about tlat—if you want to expatiate on that, wHte to Mr. Morlcy and Mr. Sexton." ffhe two clergymen named are distitguished missionaries who have on ot'jer occasions intervened and attempted to ; protect natives from such "justice" a» Judge Wells has administered to in the Northern Territory. More Understanding Needed. The judge's comments indicate clearly emugl)/ his attitude towards law-break-inj oil the part of the aboriginals, and emphasise the necessity, now generally acknowledged here, for reconstructing ouf methods of judicial procedure in delling with native offenders. In the last issue of the "Sunday Sun" Prtfessor Elkin, after considering the caae which I have discussed, put forward strong arguments in favour of securing the assistance of the head men of the native tribes in judging such bleaches of the law and enforcing punishment. "The senior men of the tribe," he. holds, "should be consulted in the judging of all native crimes; for they understand the age-old rules which stir natives to certain actions and so-called crimes, mostly incomprehensible to the untrained white mind." He advocates the appointment of a permanent "patrol officer," who should be an anthropologist and native linguist, in each aboriginal district, to co-operate with the courts; and this certainly would open the way for the advent of a better and wiser form of justice.