Neither is it in the giving of evidence alone, that the native stands at
a disadvantage as compared with a white man. His case, whether as
prosecutor or defendant, is tried before a jury of another nation whose
interests are opposed to his, and whose prejudices are often very strong
against him.
I cannot illustrate the position in which he is placed, more forcibly,
than by quoting Captain Grey's remarks, vol. ii. p. 381, where he says: -
"It must also be borne in mind, that the natives are not tried by a jury
of their peers, but by a jury having interests directly opposed to their
own, and who can scarcely avoid being in some degree prejudiced against
native offenders."
The opinion of Judge Willis upon this point may be gathered from the
following extract, from an address to a native of New South Wales, when
passing sentence of death upon him: -
"The principle upon which this court has acted in the embarrassing
collisions which have too frequently arisen between the Aborigines and
the white Europeans, has been one of reciprocity and mutual protection.
On the one hand, the white man when detected (WHICH I FEAR SELDOM
HAPPENS), has been justly visited with the rigour of the law, for
aggressions on the helpless savages; and, on the other, the latter has
been accountable for outrages upon his white brethren.
