The Only Observation That He Would Make Upon This Case Was, That It Was ONE OF GREAT SUSPICION."

[Note 51:

I believe this case was not brought to trial.]

Other cases have occurred in which some of the circumstances have come under my own notice, and when Europeans have committed wanton aggressions on the Aborigines, and have then made up a plausible story to account for what had taken place, but where, from obvious circumstances, it was quite impossible to disprove or rebut their tale, however improbable it might be. In the Port Phillip District in 1841, Mr. Chief Protector thus writes to the local Government.

"Already appalling collisions have happened between the white and aboriginal inhabitants, and, although instances, it is possible, have transpired when natives have been the aggressors, yet it will be found that the largest majority originated with the Europeans. The lives of aboriginal natives known to have been destroyed are many, and if the testimony of natives be admissible, the amount would be great indeed; but even in cases where the Aborigines are said to be the aggressors, who can tell what latent provocation existed for perpetrating it? Of the numerous cases that could be cited, the following from a recent journal of an assistant protector, Mr. Parker, of the Lodden, will suffice to shew the insurmountable difficulty, I may add the impossibility, of bringing the guilty parties to justice, for in nine cases, I may say, out of ten, where natives are concerned, the only evidence that can be adduced is that of the Aborigines.

"This evidence is not admissible. Indeed the want of a code, suited to the Aborigines, is now so strongly felt, and of such vital importance to the welfare and existence of the natives, that I earnestly trust that this important subject may be brought under the early consideration and notice of Her Majesty's Government.

"The following is the extract from Mr. Parker's journal referred to: 'On the 8th of March 1841, I proceeded to the Pyrenees to investigate the circumstances connected with the slaughter of several Aborigines, by a Mr. Frances. On the 9th and 10th I fell in with different parties of natives. From the last of these I obtained some distressing statements, as to the slaughter of the blacks; they gave me the names of seven individuals shot by Mr. Frances within the last six months. I found, however, no legal evidence attainable. The only persons present in the last and most serious affair with the Aborigines, which took place in December of last year, were Frances, a person named Downes, and a stock-keeper in Melbourne. No other admissible evidence of the death of these poor people can be obtained than what Frances's written statement conveys. In that he reports that he and the person before named WENT OUT IN CONSEQUENCE OF SEEING THE BUSH ON FIRE, AND FELL IN SUDDENLY WITH SOME NATIVES, ON WHOM THEY FIRED AND KILLED FOUR. The natives say six were slain, and their information on that point is more to be depended on. Owing to the legal disabilities of the Aborigines, this case must be added with many others which have passed without judicial notice.

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