DEATH PENALTY.

Star (Christchurch), Volume LXVI, Issue 20330, 13 June 1934, Page 8

DEATH PENALTY.

Eight Australian Blacks Sentenced. MANY PROTESTS MADE. (Special to the “ Star.”) • SYDNEY, June 6. The perennial trouble arising out of the conflict between whites and blacks in this country, and the necessity for adjusting their rural claims, assumed a new form at Darwin last week. Eight natives were on trial for the murder of two prospectors, Arinski and Bock, on the Fitzmaurice River (Northern Territory) in November 193?. The evidence against them was provided by other natives, one lubra describing in gruesome detail how the various missiles—hooknosed, 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 the croco-dile-infested stream. Judge Wells was on the Bench. Though he has often absolutely refused to accept the testimony of blacks against whites, he seems to have taken all the 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 strong language. Judge’s Attitude.

The Judge was of course well aware that a recent proclamation by the Federal Government had given all courts dealing with crimes committed by aboriginals discretionary power 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.” In vain did the counsel for the defence remind the court that se.ven of the eight murderers are “ mvallo ” —wholly uncivilised bush-blacks—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 w r hich the courts are exposed by “ the interference of outsiders ” —in other words, the Protection of Aborigines Society, and similar organisations —in the discharge of their duties. The Judge remarked that he regarded the achievement of Constable Langdon in securing the arrest of the murderers as “ a very effective answer to those who suggest that the Northern Territory police are not capable of dealing with any situation that might arise.”

Nobody has ever doubted that the Northern Territory police are well able to enact obedience to the law by force when the necessity arises. In this instance Judge Wells referred with pride to Constable Langdon’s action in handcuffing “ two entire tribes ” to prevent them from interfering with him.

It would be interesting to discover the reactions of the natives thus handled to the next white men who come into their territory. And though Judge Wells is satisfied that he and the Northern Territory police have discovered the only way to deal with the aboriginals, other people are not so well satisfied. Antagonistic to Whites. No one seems 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. Just now there is -another murder trial in progress at Darwin, where three aboriginals are charges with killing one of the crew of a 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 of the Interior) will consider all the aspects of the case, including the Judge’s remarks. But he will also take into account the resolutions carried condemning the sentence by important public organisations. Special Courts Asked For. 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 aborigines, “ 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 the Northern Territory where natives are concerned, Judge Wells having shown by the sentences that he has inflicted and by many remarks that he has made in Court that “ he has not the necessary experience of native affairs or of racial relationships in the north to allow of an unbiased adjudicature.”

Most people here seem to regard this criticism as thoroughly well deserved, and hope that the Federal Government will take action accordingly.