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Informace o expedici. Again he stated before the magistrate : " the pri- soner cut one of the natives across the face with his revolver, I saw it ; prisoner was not on his horse when he cut him.
Again, with reference to the douarks, he posi- tively swore before the magistrate, the natives had douarks and wammeras ; to- day he swears they had none.
Why does he swear to-day they had none? Simply because since he gave his evidence before the magistrate he has learnt that the prisoner states in his journal the native he shot was going to throw his douark at him.
That is the reason he alters his story. It is needless for me, gentlemen, to do more than allude to his contradic- tion.
When under cross-examination by my friend, Mr. Parker, his prevarication and fencing with the question as to what he told Jacob, you heard his statement, and I think you can but come to the same conclusion as myself, that this has been nothing more nor less than a wicked conspiracy between these three witnesses to swear away the life of an innocent man.
I have already alluded to the wit-. I will not detain you longer. I have endeavored to place the prisoner's case in a fair way before you, and to the.
I thank you for the , close attention you have paid to this case and the patient hearing you have given me. God grant you may, after consider- ing the case, come to such a conclusion as will restore my client to his friends, to his young and amiable, but broken- hearted wife, and to that position in so- ciety he has hitherto held; "You may then heal the wound which has already been inflicted, although I fear the sear.
At the close of Mr. Stone's speech, the Court rose at twenty minuts to six o'clock, J and adjourned until the following day.
Just think a little while and tell us exactly what Chum Chum told you about this affair ; tell us the very words he.
Chum said, that when they were com- ing down in the afternoon they met some natives : they went a little further down and camped. In the night native come and take saddle away.
In the morning Mr. Locke missed the saddle, and said to Chum, "come after me. Locke went first and Chum went after him. When Mr.
Locke went to the natives. One of them catch him in the foot, and had douark in his right hand. As Mr. Locke was coming round again to his carts the natives got round him.
So Mr. What did Chum say native did then? He said that he ran a little farther and then dropped. Did Chum say what kind of natives they were? He said that if he had not got there in time they would have killed.
Cross-examined by the Attorney-Gene- ral-Did Mr. Locke ever tell you what took place? His Honor-How many times did he tell you this story?
You say you were sleeping together in the same room. You understand there are seven nights in the week. Did he tell it to you every night?
Parker-You are a son of Mr. William Smith, settler, down at Nedlands? And didn't return to camp until Mr.
Burges and Chum Chum had come back? They were on the camp when I came back, all ready to start on to Hooley's. Were the carts close together when they started?
Yes j about five or six yards apart. Burges he saw one of the natives catch hold of him by the leg, and attempt to. Do you remember any particular oc- casion when Muiphy and Mr.
Burges had a quarrel? Yes, I do. I think Murphy afterwards charged Mr. Burges with assaulting him, and summoned you as a witness at the Ger- aldton Police Court?
He did. What was the evidence you gave ; and what is the truth about this assault busi- ness? One day Murphy challenged Mr. Burges to get off his horse and fight.
Do you remember the very words used by Murphy when he challenged Mr. Bur- ges? Did you ever have any conversation with Murphy on the road down with're gard to this affair of shooting a native i.
Burges had no right to shoot the native, and that he would make him pay dear for it when he came. What were the words he used-He said, it seems strange about Burges shooting that native ; I don't believe he ever molested him.
He wouldn't be par- ticular in shooting a white man, let alone a native. I will make him pay dear for it when I get down. Did you ever hear Murphy make use of any threat with regard to Mr.
Burges, in the presence of Carrol-Not that I re-. Had those natives who came to the camp any douarks or wommeras with them-I saw one or two of them with douarks.
What kind of weapon is the douarks generally used in that part-They are of two or three descriptions; some are about two feet long and of the thickness of a man's wrist ; and some of them are like a policeman's staff.
Are they pointed-Yes ; some of them with sharp stone points; others with rounded points ; the stone being gummed to the point. Did you observe how the douarks you saw in the possession of the natives who visited your camp were made-I noticed that one of them had gum and stone on.
And you refused to give evidence be- cause your expenses were not tendered to you-Yes. Ee-examined by Mr. Parker-Did you give the same evidence as you would have done had you appeared for Murphy?
Parker-You are a prisoner of the Crown. You were out on pass to Bunbury a short time ago-Yes, on the 31st July ; and I remained in Perth over the 1st, 2nd, and 3rd August.
On any of those days do you remember seeing a man named Murphy-Yes, I saw him at James' Hotel : either on the 1st or 2nd of August.
In what state were you-I felt some- what indisposed from the effects of drink which I had partaken of on the previous night ; but I was perfectly sober at the time I saw Murphy.
What did he say about Mr. Burges The first thing he said was "Halloa! Mick, it's a long time since I saw you ; why, it must be nearly seven years ago.
How are you getting on. I said, rather indifferently. I didn't feel inclined to speak any more, being indisposed.
He then said, I suppose you won't speak to a fellow now. I asked, what he meant. He replied, I suppose you know I am against Burges.
I said, are you the man who is appearing against Mr. Locke Burges. He made answer, Yes. I remarked, What about that case, Murphy. I then remon- strated with him on the danger of taking a false oath.
He said, he didn't care about that ; he believed a man dies and goes down to the earth again like any. Ia Murphy an atheist, then-I believe be is: judging from previous conversa- tion I have had.
Cross-examined by the Attorney Gene- ral. And your sentence was 14 years-Yes. Were you tried while at Bermuda-I was.
I and another prisoner attempted to escape in a boat to go to the United States and we stole 6ome provisions.
Was the barman not present-Yes, I suppose he was ; but we set the far end of the room, and spoke in an under-. You have had previous conversations wfyh Murphy at Irwin House relating to Christian doctrines-Yes ; occasionally.
But it is to you, who believes in future rewards and punishments-I wouldn't take a false oath if the Crown of Eng- land waa placed on my heed this, mo-.
Why did you not praceed to Bunbury, on your pass-I had no particular mo- tive for not proceeding then. Did you not tell him that the reason you do not go to Bunbury was because you expected to be called up as a witness to " smash" Murphy's evidence-I said I would smash his evidence, if I could do so by telling the truth.
Re-examined by Mr. Parker-When you said what you did to Corporal Wheeler, had you already given the in-. When did you first see Mr.
Stone about it-I don't know the day ; he came to the party in which I was working at the Asylum, but I declined telling him anything until I came to Court.
Are you acquainted with the habits of the natives on the road to Roebourne ; the Gascoigne natives. I have seen the Gascoigne ; the tribe on this side of the Gascoigne, and also the inland tribe more to the eastward, known as the Ingram tribe.
Are they very savage tribes-I never found them so myself ; but the Shark's bay natives are very frightened of them, and have declined to travel with my son and myself into the interior.
What kind of weapons do the Gas- coigne natives use-They employ barbed spears, barbed at both ends like a har- poon ; they also have the douark, or j ona, of various descriptions, varying in size from l8 inches long and an inch thick, to 2 feet long and 2- inches thick.
His Honor :-Is it a formidable weapon -A very formidable weapon, your Honor, in the hands of a native ; it is in the shape of a club, and would knock a bul- lock down.
The natives throw it with great velocity, force, and precision. I believe they could knock down a person with it at a distance of twenty or t thirty.
It is situated about miles from the Geraldine Mines, do you know the coun- try for that distance-I know it along the coast, but not inland.
Then you would not know a native tribe about miles to the north-east of that-It would be hard for me to say : they travel about for many miles when they have certain ceremonias to perform, such as the boring of noses.
There is another weapon called a rifle ; is that as formidable as a barbed spear J should say it was. And would kill a man at a greater dis- tance than a barbed spear-Yes ; a barbed spear would not kill at a distance of more than thirty or forty yards.
Some of the natives at the Gascoigne are re- ported to have no dread of firearms at. Gentlemen of the Jury-We have all our responsibilities.
I as many as most, for I take all responsibilities in respect of the Crown. In this case I take the re- sponsibility for all the dirty work attri- buted to the Crown.
If there has been any conspiracy in this case I am the con. If witnesses have been paid for I have paid for them.
I am responsible that crime does not go unpunished; that your goods are not taken from you ; that you sleep in peace. It was I who put one of the witnesses under the surveillance of the police Chum Chum-whose presence I was de- termined to secure.
In order that the witnesses Murphy and Fitzgerald should be at hand, I advised that they should be paid out of the money set apart for public justice.
My learned friend might have conducted his case. These aspersions were not necessary. You have been told this is a gross conspiracy for the purpose of putting an innocent man in jeopardy of his life.
There was no conspiracy, un- less I am to be considered the sole con- spirator. Whilst I have been here I have never done anything to lead you to conclude that I am capable of anything of the kind.
Is it likely I should hare done it in this instance? It was my duty to see that the witnesses were pre- sent at this trial.
I have done my duty, and now the responsibility rests upon you and upon His Honor. You have had a false issue submitted to you by the counsel for the defenco.
You have been called upon to decide whether the wit- nesses, Chum Chum, Murphy, Fitzgerald and others have spoken the truth. The real issue that you have to try is whether a man was killed, who killed him, and was he justified in killing him?
There is no need of witnesses. The case lies within the four corners of this book, the prisoner's own journal. The prisoner has in this book coodemned himself.
As for winesses. It was my duty to see that Chum Chum told his story. I had him brought away from Champion Bay to Perth, and got him within reach of my arm.
I did not choose to have him brought before that able and good magistrate Mr. This is the true version of the extraordinary expedient of bringing the prisoner down here instead of before the magistrate at Champion Bay.
I had the native hei'e and I would not let that slippery witness have a chance of getting away. I resolved he should not get away, and I kept him at Perth ;-till I sent him in June last to look for the bones.
It is admitted by the prisoner in his own words which he intended for publication, but which were never pub- lished, that he had killed a native.
I do not care whether Murphy and the others spoke the truth or not ; nothing can do away with the evidence in this journal.
The words are " my friend- screwed him- self away and ran towards the Creek, he was going to throw his douark so I fired and shot him.
Granted that he was about te throw his douark, the prisoner being on horseback might have turned his horse and got out of the way, but he fired his revolver and shot him.
His own life was not in danger and if it was he had placed himself in the danger. J Was the slayer so pressed? Was he not himself the pursuer?
Being the pursuer he was following for revenge, The native was slain not from necessity or for defence but in levenge.
The defence is that a felony was committed, and the prisoner pursued and captured the thief, to he dealt with according to desert law, and be flog- ged ; that he was justified in trying to capture the thiof, and also in slaying him.
A paliceman would be justified by his warrant, but a private person does It at his peril. The prisoner was engaged in driving towards his camp seven natives ; be knocks down two of them with his re- volver executing nesert law.
We do i. A free man in a free desert is ordered to walk in and be flogged. Did the prisoner arrest the man whom he went to arrest?
No I he shot him like a dog, and let him lie there. My learned friend says that I am like Shylock and claim my bond, my pound of flesh. So I do but that bond is the law of the land.
You are told that the law is to apply to whites but not to blacks ; that the latter are to be punished only according to the law of the desert.
My learned friend asks how are the whites to penetrate through the desert if a man may not take rhe law into his own hands?
I say, the time hae arrived when the law of retaliation must be put down with a strong hand. You must show, gentlemen, that equal justice is dealt between blacks and whites.
You are in that box to put a stop to the internecine war which rages and has raged for forty years between the races.
You punish and hang the black man. Two of them were lately hung for an offence not greater than the present one.
Having said this much, now I will tell you what your responsibility is. You have taken an oath to the God of Mercies that you will give a verdict according to the evidence.
As you hope to be dealt with at the last day so you must deal with the prisoner. Your responsibility is to find whether there was a crime commit- ted?
If there was a crime, was it mur dei? If so you must find the prisoner guilty. If yon can say that there was an affray, and the prisoner took another man's life in that affray, then you may bring in a veidict of manslaughter against the prisoner.
In God's name find bim guilty of manslaughter if you can ; but ii be took this life in revenge for the loss ot a saddle, then he is guilty of murder.
H is Honor summed up as follows : Gentlemen of the Jury, you have been for a considerable time engaged in giving your attention to this case, and it is much te be regretted that you should have been occupied for so long a period, because, if extraneous matter had not been intro- duced, this would have been a very shoit case indeed.
I think gentle- men of the jury, you may discard from your minds all that you have heard from the prisoner's counsel in respect of a con- spiracy.
But, coming to that conclusion, it has nothing- whatever to do with your consideration of it, the case it- self. The fact is, Murphy having enter- tained an animosity against the accused raised certain rumours, and those rumours came io be circulated in this part of the country and reached the ears of the police.
Is there any man living in this, a Chris- tian country who would not be proud that an investigation of this kind should have resulted, whether tiue or false those rumours?
Is it not due to the Crown, is it not due to the prisoner, and is it not due to the country at large that there should have been an inquiry?
We all know that human nature is such, that many crimes indeed would go unexposed if it were not for these animosities, and we also all know that human nature is so debased-in fact, we bad a very good proof of this from a statement made by the prisoner's counsel-that people some- times will come forward and swear falsely, not only in self-defence, but are even pre- pared to come forward to swear lives away.
But that is no reason why inquiries and investigations should not take place. I think you will recognize the fact that, when rumours are afloat that human life has been sacrificed, it is the duty of the Crown, it is the duty of the police and of other authorities entrusted with ih i keep- ing of the peace to instiiute due inquiry ; and I think you will further recognize the fact that if there appears to be any foundation for such rumours and accusa- tions it is but just to the accused himself and to the law?
Granting the innocence of the person eo accused I think he should rejoice that an opportunity is afforded him to clear himself from those whispered rumours which are in circulation respect- ing him.
Admitting the fact, then, that this investigation has resulted from the animosity borne by a witness against the prisoner, let us endeavor to deal with the case throwing out of our consideration the mode and manner in which the in- quiry originated.
I take it, gentlemen of the jury, that it is unnecessary for me to say anything further with regard to the course puisued in regard of this prosecu- tion ; the Attorney General has put this in a proper light, and it must appear to you that nothing has been done on the part of the Crown, but that which you and all persons intrrested in the laws of their country would require to be done.
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