On Monday, at mid-day, the Bench of Magistrates sat at the Courthouse to investigate the circum-stances under which a number of natives were shot on the Murray,
Mr Morphett proposed that the Court should be cleared until they should decide whether the enquiry was to be carried on with open doors or not. The room was cleared accordingly; but after an interval of about half an hour, the doors were again thrown open.
The Chairman then informed Mr Moorhouse, the Protector of the Aborigines, that in order to satisfy the public mind both here and in England, the Governor had thought it necessary to have an official investigation into the circumstances of the late engagement on the Murray and requested that Mr Moorhouse would state to the Bench the facts of the case.
Mr Moorhouse said the facts were already before the public, by the publication of the report he had the honour to furnish to the Governor, which he handed, with a request that it might be read by the clerk. The published report was then read by Mr Richman.
Mr Smillie inquired, after the statement had been read, whether Mr Moorhouse adhered to that statement, and confirmed it?
Mr Moorhouse—l do.
Mr E. Stephens—It appears, then, Mr Moor-house, that no hostile proceedings or act of aggression on the part of the blacks had taken place before the order to fire upon the blacks was given by Mr Shaw?
Mr Moorhouse—No. We had information about their intentions by three natives, after they were drawn up in a line, and quivering their spears, that they were determined to have our blankets, tomahawks, &c.
Mr Stephens — But there were no spears thrown?
Mr Moorhouse — No. They evidently had been intending but did not throw any spears.
Major O'Halloran—But did they not raise their war cry?
Mr Moorhouse — I do not know. There was a noise among them; but I could not recognise any war cry. I had noticed however that Mr Robinsons party was drawn up at the ferry crossing and there were sounds of intense firing from the drays. It was clear that the party was under attack.
Mr Stephens—When they were drawn up in battle array, you say the two parties commenced firing. Previous to that, had any spear or waddy been thrown?
Mr Moorhouse — No.
Mr Stephens—But you had not yourself seen any evidence of the intentions warlike or otherwise of the party facing you… Was it necessary to put the natives out of the way in order to pass on with the party?
Mr Moorhouse — No. If they had remained where they were, we could have crossed.
Mr Giles— Would it not have been at a great risk of life to have crossed the river?
Mr Moorhouse — It would not have been possible, because all hands were employed in keeping the property together.
Mr Giles — Did they return the attack when you commenced?
Mr Moorhouse — They did.
Captain Sturt—What was the conviction in your mind when you gave over the command of the party?
Mr Moorhouse— My conviction was, that we were to be attacked; indeed, that if we allowed them unadvisedly to come within spear's throw, we should all have been cut off. Firing was the only advantage we had to compensate for our small numbers, the muskets being able to kill at a greater distance than their spears. I calculated the 150 natives had at least 400 spears with them, each spear being equal to a musket if sufficiently near to be thrown. It was also clear that if the natives had already attacked Mr Robinsons party then they would have no hesitation in attacking my own.
Major O'Halloran—You think their object was to make a rush?
Mr Moorhouse— Yes. I think so; and so, we all thought.
Mr Finniss—Were they besieging you?
Mr Moorhouse— Yes. In the sense that they were barring our further progress and rapidly drawing nearer.
Mr Giles—What was the distance?
Mr Moorhouse— In the space of less than 15 minutes they closed from approximately half a
mile upriver to about one hundred yards.
Mr Stephens—Although they had not committed any act of aggression, you are quite satisfied they were arrayed in order of battle, and that it was their intention to attack the party?
Mr Moorhouse— Yes. They were gradually coming on us.
Mr Stephens— Then the firing at the time was simply to prevent the spears from taking effect, knowing that the musket would carry further than the spear?
Mr Moorhouse— Yes.
Mr Stephens— You did not think the loss of life was in any degree wanton, or that any man fired unnecessarily?
Mr Moorhouse— Certainly not.
Mr Stephens— Then they only fired on the armed men, and when they were in the order of battle?
Mr Moorhouse— Yes. They were standing in the reeds during the worst part of the fire.
Dr Kent—Did the natives continue to approach, up to the time of the firing?
Mr Moorhouse— Yes, and a short time after.
Captain Sturt—Did you make any motions to them not to advance?
Mr Moorhouse— Yes. I made signals for them not to approach, but they took no notice of me.
Mr Stephens—Standing in the position you do, are you confident, from what you saw of the natives, that they meditated the destruction of yourself and party?
Mr Moorhouse— Decidedly.
Mr Stephens— And that, had they not been dislodged, you believe, from their attitudes, that you would have been cut off?
Mr Moorhouse— Yes, Sir.
Mr Stephens— And that, as Protector of Aborigines, you consider that what was done was not only decidedly necessary, but merciful?
Mr Moorhouse— It was decidedly merciful, as far as I could judge.
Dr Kent enquired of Mr Moorhouse what were the instructions under which he went out.
Mr Moorhouse—My instructions were, that in case the natives manifested any hostile disposition, I was to give over command of the party to Mr Shaw, the Sub-Inspector of Police, that he might issue such orders as he thought necessary for our safety.
Captain Sturt—You did not give up the command of the party to Mr Shaw till you saw that all hopes of an amicable understanding were at an end?
Mr Moorhouse— No, I did not—not until we saw the natives approaching with their weapons, and in their war paint.
Mr Stephens then examined Mr Shaw,
who corroborated Mr Moorhouse's statement, and said he thought the command of the party was not given to him, or the men ordered to fire, until it became a case of necessity.
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| Sub Inspector Shaw |
Tuesday, Sept. 21.
The Magistrates met again this morning, when Mr Moorhouse was further examined.
In answer to a question from Major O'Halloran, he said the order to cease firing on the natives was promptly obeyed. They were first attacked by Mr Robinson's party on one side, and then came towards the river and were attacked by the Police party. The firing was stopped as soon as resistance ceased.
Mr Finniss—What prior steps had been taken to prevent a hostile collision with the natives?
Mr Moorhouse—Two messengers were sent in advance on the 26th of August, after having seen the Police party practice firing at a mark on a tree. On the day of the contest I went in advance of the party with the Adelaide Interpreters, intending to speak to them. Before we reached a position from which we could hold communication with them, the interpreters refused to accompany me further, lest we should be speared. I asked the Interpreters what they had learned. One replied it was war language. He advised me to go to the party and request the Police to commence shooting.
Mr Eyre-—Does your interpreter understand their language ?
Mr Moorhouse— Yes: perfectly. He was brought from among these natives when a boy.
Mr Moorhouse further stated— The dead bodies were all left on the field. The wounded were carried away. About two days afterwards we saw about one hundred blacks going down the river, with their women and arms, but they offered us no further annoyance. We were about forty miles on our way home before any natives came to our camp.
Mr Giles— Was there any communication between the interpreter and the natives afterwards regarding the affray?
Mr Moorhouse— Yes; we asked them why they had acted so determinedly. They denied belonging to the tribe with whom we had fought, and said they were thieves and beaters (the term when speaking of a person beating another to death), and de-served punishment.
Mr Giles— You say Mr Robinson's party commenced firing first and was already engaged whence you came to the river? Are you aware how he became engaged with them?
Mr Moorhouse— Only from the narrative of Mr Robinson.
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| Robinsons laager by the Rufus |
Mr Giles—Having seen that, are you of opinion that he acted precipitately or injudiciously?
Mr Moorhouse— He did not, so far as I could see. He acted in defence of his life and those of his party.
Captain Sturt — Do you consider the report of killed and wounded correct?
Mr Moorhouse— I think it has been made fully more than the fact. I saw only twenty-one bodies, but it was carried against me that there were thirty or even fifty black dead.
Captain Sturt — Did the men take aim or fire promiscuously?
Mr Moorhouse— They took aim at particular men.
Captain Sturt— Can you venture an opinion as to whether Mr Robinson's party would have been able to drive them off without the assistance of the police?
Mr Moorhouse— From my viewpoint it was already clear that Mr Robinsons party was under pressure and were not able to hold the firing line. I think they would have taken his drays and sheep from him.
Capt. Sturt then, for the bench, thanked Mr Moorhouse for the clear and candid manner in which he had given his statement.
Mr Thomas Warriner, of Mount Barker, one of the overland party, was then examined.
He said, on the day on which the first engagement took place, he was sick on one of the drays. This was the day before the party made the Rufus. A short distance from the river a large body of natives were discovered drawn up in a semicircle in a polygonum scrub. The sheep and cattle, with the overland party, were in a small plain. The blacks were drawn up across and on each side of the road, evidently meaning to obstruct the further progress of the party. There were not less than 300 of them. They were gradually advancing. When they came nearer, and one part of the line was within twenty yards of the sheep, some shots were fired at them. They made a yell and stood their ground. I do not know whether they threw any spears. They were in the scrub, and I was on the dray, 500 yards off. Every man I could see was armed. They were drawn across the road when we first saw them, but when the action commenced, we found we were entirely surrounded by them. We did not tell them to keep off. The party saw it was so necessary to fire, that no order was required. They commenced firing of their own accord.
Before the party started from New South Wales, orders were given that no one was to be allowed to fire on the natives, nor were they to be allowed to come near the camp. I think I saw spears being thrown at the lead dray but the main did not commence to attack until after we had started our fire… The blacks stood their ground a considerable time. Several rushes were made and I. Could see men fall and injured. It took place about 1/2 miles from the Rufus. They chose their ground very wisely, having a creek to retreat to in their rear. I should think the party were not within reach of their spears when the firing commenced.
The firing was kept up for, I should think, nearly three-quarters of an hour. I cannot say how many were killed. The blacks did not stand their ground during all the time of the firing; but it was necessary to disperse them in order to prevent their attacking us again. I do not think their object was revenge; I think they merely wished to get the sheep. I am aware that intercourse between the whites and the native women exists to a great extent in New South Wales, and partly among overland parties.
This was not the case with Mr Robinson's party, or with the party I came over with before. From what I have heard, I think this intercourse has been the cause of several attacks on the whites.
Mr William Robinson was then called, and made the following statement:—
The day on which the first attack took place, on looking out for a spot to encamp on, accompanied by Mr Phillipson, we made the Rufus; near which, we saw a large body of blacks. We went towards them, thinking they would go away; but on approaching them, a great many more came out of the scrub, and we immediately saw, from their manoeuvres, that they were going to attack us. We then went back to the party, and had the sheep, cattle, and drays all collected into a small plain.
By the time this was done, and the party armed, the blacks had approached to within a short distance of where we had stopped the sheep. When about twenty yards off, they began to make all sorts of gestures, and yelling fearfully. The party commenced to fire simultaneously, without any order from me. The blacks were about 16 or 20 yards off when the firing was commenced; but they seemed to care very little for the shots. When a shot was fired, they all instantly dropped down, making such a noise that we could scarcely hear the report of the gun. They were all around us wherever we looked, making the most horrid noises, jumping about, and shaking their spears. I cannot say how long the firing continued. I think the men might have fired seven or eight rounds each.
They did not appear to have any spears with them but the jagged death spears; which they can only throw a short distance. If they had got within a few yards more of us, so as to have been able to use their spears I have no doubt we should all have been killed. I should think there must have been about 300 of them.
The police rendered us very effective assistance, the second day.
Captain Sturt— Do you consider the course adopted, absolutely necessary for self-defence?
Mr Robinson— Certainly. Every man seemed to fight in defence of his own life, without thinking of the property or anything else. We had no native with us, nor any means of holding communication with them. There was nothing done wantonly by any one of the party. There was no shooting except in self-defence. I am not aware of any act of aggression by any of the men previously. I think if the party had not commenced firing when they did, none of them would have been here to tell the tale. I think Mr Moorhouse was fully justified in giving the command of the party to Mr Shaw.
I think he was rather too late in allowing the men to fire; thereby bringing the party into danger in endeavouring to prevent a battle with the natives. There were about thirty blacks killed the second day, and a good many were wounded. I think we were not within throwing distance of their spears, when we commenced firing. They had only the large spears and waddies with them; I saw no reed spears. If they had succeeded in rushing upon us, as was evidently their intention, I think there is little doubt, but we should all have been massacred. We had no weapons for close quarters except a few of us who had pistols.
Captain Sturt— Supposing you had not heard of the attack on the other parties, would you have been satisfied, from their proceedings, that they were going to attack you?
Mr Robinson— Yes.
Sergeant Williams, of the police, and a policeman named Harris, were then examined, and corroborated the statement of the gentlemen previously examined.
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| Sergeant Williams |
Mr Phillipson confirmed the statements of the previous witnesses in every important particular. He was perfectly satisfied that no act of aggression had been committed by the overland party on any of the natives during the whole route from the settled districts of New South Wales.
Mr Stephens—Had there been any intercourse with the women of the natives subsequent to the attack on the Rufus?
Mr Phillipson— Certainly. The women were brought afterwards with a desire to promote a friendly feeling, and the men had intercourse with them. This was done, however, contrary to Mr Moorhouse's wishes and desire; but as far as I was concerned, I cared nothing about it, although I joined with Mr Moorhouse afterwards in endeavouring to prevent it.
Mr Stephens—But do you not think that this tends to increase bad feeling, and that the natives act under the impression, in bringing their women, that if they did not, the Europeans would take them by force?
Mr Phillipson— I do not think any such thing; for, if the natives were desirous of avoiding us, they would keep at the other side of the river, or at a distance from our camp.
Mr Samuel Humble, a volunteer of the party, and a friend to Mr Robinson, then confirmed Mr Moorhouse's report, and Mr Robinson's statement.
Major O'Halloran — And you consider Mr Moorhouse a kind and merciful man, and one who would not take away life unnecessarily?
Mr Humble— I do, decidedly; for I know on several occasions that he exposed himself to great danger in order to establish a friendly footing with them on the way.
Mr Stephens—And you consider the firing to have been necessary?
Mr Phillipson— It was unavoidable, if we wished to save our lives.
The Bench then desired the native prisoner to be produced to-morrow morning, at eleven o'clock, until which time the sitting was adjourned.
WEDNESDAY, SEPT. 22.
This morning the proceedings were resumed. The wounded and captured Murray man, and interpreter from neighbouring tribes, were present. Mr Moorhouse and Mr Teichelmann attended. Pungke Pungke was first examined. His evidence was interpreted by Mr Teichelmann.
Went with Mr Moorhouse to the North. Saw the blacks assembled for war. They had their spears. Their intention was to take the sheep, blankets, &c., from the whites. Believes they would have killed the Europeans to get them. The prisoner's tribe told him they meant to take the blankets and food. This was when he was sent to them by Mr Moorhouse. Saw the white men shoot the blacks. The blacks came exasperated, excited, and in anger. Had the white men not shot them, they would have been speared by the natives. The latter would not have gone away but for the shooting. If the white men had gone to them to tell them to go away, they would have been speared.
Went forward with Mr Moorhouse to hold conference with the blacks before the fight. Acted as interpreter. Natives told Mr Moorhouse they intended to spear the whites and take away their clothing. Had the whites remained passive, the blacks would have attacked them. Thinks the Europeans did right to fire on the blacks. Mr Moorhouse remonstrated with them and told them not to take the things. Had he been one of the Murray blacks, and wounded by the fire of the white men, he does not know what he should say as to their right to fire. Was afraid of being killed by the Murray men, and wished to return to the police. The police were bold or brave in the fight. Pul Kanta (the prisoner) is of the Lake Victoria tribe. The object of the tribe in attacking the Europeans was for their sheep, &c. The natives generally were given food by the overland parties, and, when refused, they became very angry.
Was not present when the man was killed at the Rufus. The black men do not eat white men. Was not one of those who were fighting. Has eaten sheep, but never fought the Europeans. All the sheep taken from former parties have been eaten—there are none left. (Witness would not answer the questions whether the tribe were justly shot by the Europeans, nor whether they would be afraid to attack the latter in future.) Does not know how many blacks were killed in first- and second-day’s fight, as he was sitting in the water while the firing went on. (Would not answer question—had he fought before at the same spot ? Said he did not understand any more of the interpreter's language). Wishes to return to his tribe, as he has a wife and two children there. He has been kindly treated since taken. The prisoner throughout displayed extreme caution and reserve.
The Chairman said that Mr Smith, whose evidence should have been taken, was not present. If any other persons were present who had facts to state relative to the occurrence, the Court was now ready to hear them.
Mr Moorhouse, on being asked if he had any observation to make, wished to state that he did not fire on the natives himself. He never carried firearms nor any other weapons when among the natives.
Major O'Halloran then moved —
" That the Bench of Magistrates, after a full and careful examination of all the evidence brought before them relating to the late affray on the Rufus between the Europeans and Blacks, are unanimously of opinion (so far as they have had an opportunity of forming one) that the conduct of Mr Moorhouse and his party was justifiable, and indeed unavoidable in their circumstances; and that much praise is due to him and them for the great forbearance evinced by the force when placed under circumstances of the most trying nature."
Mr Eyre seconded the motion. He knew, from his knowledge of the spot where the blacks had posted themselves, and his general knowledge and experience, that the collision was unavoidable. His only fear was, that the example made was not yet sufficient.
Dr Kent said, that it did not appear that there was any need to be answered by detaining the native in custody, and as great good might be pursuing the same course of leniency as had hitherto been pursued, he moved—"That the Bench respectfully requests his Excellency the Governor that he will be pleased to direct that the native now in custody be placed forthwith under the care of M. Moorhouse, Esq, Protector of Aborigines ; and that, after Mr Moorhouse shall have given such instruction as the means at his disposal will permit, he be allowed to return to his tribe."
Mr Stephens seconded the resolution. He took that opportunity of stating his entire concurrence in the resolutions previously passed. He had taken great personal interest in these proceedings, and was perfectly satisfied with Mr Moorhouse's conduct, and of the justification of the proceeding on the Murray.
Captain O'Halloran moved—
'' That his Excellency be respectfully solicited, under the circumstances now elicited, to direct an armed party of police, or military if possible, under the direction of a magistrate, to be stationed in the vicinity of the Ferry, for the protection of future overland parties and property, and to prevent collision with the natives, or injury to them."
His Worship the Mayor seconded the motion. He considered the most merciful course was to prevent collisions between the Europeans and natives, and quite approved of the means proposed as the most effectual for producing that result.
The Chairman then thanked the Bench for their assistance in the matter, and a vote of thanks to the Chairman having been passed, the Bench separated
