Captain Grey bears testimony to similar feelings and occurrences in Western Australia. In speaking of capturing some natives, he says, vol. 2. p. 351. “It was necessary that I should proceed with great caution, in order not to alarm the guilty parties when they saw us approaching, in which case, I should have had no chance of apprehending them, and I did not intend to adopt the popular system of shooting them when they ran away.” And again, at page 356, he says, “It was better that I, an impartial person, should see that they were properly punished for theft, than that the Europeans should fire indiscriminately upon them, as had lately been done, in another quarter.”
Even in South Australia, where the Colonists have generally been more concentrated, and where it might naturally be supposed there would be less likelihood of offenders of this kind escaping detection and punishment, there are not wanting instances of unnecessary and unprovoked, and sometimes of wanton injury upon the natives. In almost all cases of this description, it is quite impracticable from the inadmissibility of native evidence, or from some other circumstances, to bring home conviction to the guilty. [Note 50 at end of para.] On the other hand, where natives commit offences against Europeans, if they can be caught, the punishment is certain and severe. Already since the establishment of South Australia as a colony, six natives have been tried and hung, for crimes against Europeans, and many others have been shot or wounded, by the police and military in their attempts to capture or prevent their escape. No European has, however, yet paid the penalties of the law, for aggressions upon the Aborigines, though many have deserved to do so. The difficulty consists in legally bringing home the offence, or in refuting the absurd stories that are generally made up in justification of it.
[Note 50: Vide Chapter 9, of Notes on the Aborigines.]
A single instance or two will be sufficient, in illustration of the impunity which generally attends these acts of violence. On the 25th January, 1843, the sheep at a station of Mr. Hughes, upon the Hutt river, had been scattered during the night, and some of them were missing. It was concluded the natives had been there, and taken them, as the tracks of naked feet were said to have been found near the folds. Upon these grounds two of Mr. Hughes’ men, and one belonging to Mr. Jacobs, another settler in the neighbourhood, took arms, and went out to search for the natives. About a mile from the station they met with one native and his wife, whom they asked to accompany them back to the station, promising bread and flour for so doing. They consented to go, but were then escorted as prisoners, the two men of Mr. Hughes’ guarding the male native, and Mr. Jacobs’ servant (a person named Gregory) the female. Naturally alarmed at the predicament they were in, the man ran off, pursued by his two guards, but escaped. The woman


