“The other native, wounded by Mr.—in the arm, was doubtless of the party who attacked the flock; but it must have been some hours after that he was shot, for the shepherd had to come home with the flock to inform him of the occurrence, and then search and pursuit had to be made, during which he was overtaken. He is a stupid idiotic sort of man, so that the natives have not deemed him worthy of receiving the honours of their ceremonies, and still call him a boy, or youth, although he is an oldish man.
“On another occasion, when an uninhabited hut, with some wheat in it, had been broken into by some unknown natives, a party went in search of the offenders. It was night when they came on a camp, on the opposite side of the lake to where the hut stands; the natives, acting upon the first impulse, and warned by frequent examples, ran away, when two of the party snapped their pieces, but providentially both guns missed fire. The natives, however, soon took confidence, and returned, when it was found that two of the most orderly and useful men would have been shot if the guns had gone off. The party took upon themselves to make one of them prisoner, but of course did not venture to bring him before the magistrate.
“These facts incontestably prove, that, notwithstanding the Aborigines are called British subjects, and in spite of the so-called protection system, there is no shadow of protection for them, while they are debarred from the first and most important of all liberties, namely, that of being heard in a Court of civil Justice.
“Several instances have occurred during my residence in this district, in which natives have been arraigned before the administrators of the law, although I was morally convinced of their innocence; in other cases, they have sought redress through me, for wanton attacks on their person and lives, without being listened to.
“Only a few weeks ago a native was very nearly being taken up, on the charge of having thrown a spear at Mr. Smith’s shepherd, without, however, any felonious intent, the distance being too great. This circumstance saved the man, or else he would, no doubt, have been tried and found guilty on the shepherd’s evidence, who would not allow that he could be mistaken in the individual, although the accused native came boldly into town and court (a circumstance that has never before occurred since I have known these natives), although he was an intimate friend of the shepherd and his wife; and although all the other natives could prove where he had been at the time of the attack on the flock, and state who were the guilty parties.
“For those who have had an opportunity of observing the Aborigines in their original state, it is not very difficult to distinguish the guilty from the innocent, for they are a simple-minded race, little skilled in the arts of dissimulation.