Title Papua (British New Guinea) - Goaribari Island - Affray at - Report of Royal Commission (Judge Murray)
Source Both Chambers
Date 13-09-1904
Parliament No. 2
Tabled in House of Reps 13-09-1904
Tabled in Senate 14-09-1904
Parliamentary Paper Year 1904
Parliamentary Paper No. 42
System Id publications/tabledpapers/HPP032016002125_2


Papua (British New Guinea) - Goaribari Island - Affray at - Report of Royal Commission (Judge Murray)

67

1904.

THE PARLIAMENT OF THE COMMONWEALTH 01-i' AUSTRALIA.

REPORT OF Tl-IE

ROYAL COMMISSION ON THE

AFFRAY AT GOARlBARI ISLAND,

BRITISH NEW GUINEA, ON THE 6TH OF MARCH, 1904 ;

TOGETHER WITH THE

PROCEEDINGS, MINUTES OF EVIDENCE, AND APPENDICES.

Wrrsentel:l b1I ; orl:Jetel:J to be printel:l, 1.3tb .September, 1.904.

PRINTED AND PUBLISHED FOR THE GOVERr ME T OF THE COMMONWEALTH OF AUSTRALIA BY WILLIAM APPLEGATE GULLICK, GOVERNMENT PRINTER OF THE STATE OJ;" . . .. . .. , . NEW SOUTH WALES. . . . . .

1904.

69

TABLE OF CONTENTS

PAGF..

The Commission 5

Synopsis of the Report 7

The Comn1issioner' s Report 9

Minutes of Meetings - 31

List of vVitnesses, in alphabetical order 35

Minutes of Evidence - 37

List of Exhibits - 95

Copies of Exhibits 96

Index to Evidence ros

[COPY OF COMMISSION.]

COjJ1.MONWEALTH OF A USTBALIA.

EDWARD VII, by the Gmce of God, of the United Kingdom of G1·eat Britain and Ireland, and of the British Dominions beyond the Seas, King, Defender of the ]faith, Emperor of

India,-

To His Hono1· CHARLES EDWARD ROBERTSON M UR RAY, Judge of the District Cou1·t of New S outh Wales.

GREETING:-KNOW you, That W e Do, by these our L ettm·s Patent, appoint you to be a Commissioner to inquire into and 1·eport upon all the ci1·cumstances attending upon or incidental to the occ urrences at Goari bari I sla-nd, B1·itish New Guinea, on the S ixth Man h, 1904, when a collision occurred between the natives and the Government party on the S.S. "Mm-rie England" : And We requi'te ymL, with as little delay as possible, to 1·eport to Otw Govenw1·-General i n and over Our said

Commo m vealth the result nf you1· inquiry into the cinumstances aforesaid :

In testimony whe?·eof, We have caused these Otw Letters to be made Patent, and the S eal of the Commonwealth to be affixed the1·eto .

Witness Our Right Trusty and Well-beloved HENRY STAFFORD, BARON NORTHCOTE, Knight G?·and C1·oss of the Most Distinguished Order of Saint Michael and Saint George, Knight Gmnd Commander of Our Most Eminent 01·der of the Indian Empi1·e, Companion of Our lYiost Ho nourable

01·der of the Bath, Govemor-Geneml and Commander-in-Chief in and over Our Commonw ealth of Australia, this Twenty-fifth day of July, in the yea1· of Our .Lord one thousand nine htLndred and fou1·, and in the fourth year of 0tL1' Reign.

(Sgd.) NORTHCOTE.

By His E xce llency's Command,

(Sgd.) W. M. HUGHES.

Entered on R ecord by me, in REGISTER OF PATENTS, No.1 page 283, this Twenty­ fifth day of July, one thbusand nine hund1·ed and four.

(Sgd.) ATLEE HUNT.

71

(2.)

7

SYNOPSIS OF THE REPORT. ( T he numbe1·s given a1·e 1·ejerences to the pa1·aq1·aphs of' the R eport.)

(1.) I NTRODUCTORY.

PART I.-lVIASSACRE OF THE "NIUE" MISSIONARY PARTY.

of .l\Iission schooner "Niue " at Goaribari I sland: situation and population of the Island:

the character of its inhabitants. (3.) Natives invite missionaries to land. (4.) Natives

conspire to kill missionaries. (5.) Missionaries go ashore. (6.) Natives loot the schooner, but offer no personal violence to crew left on board : they depart. (7 .) \Vhaleboat apparently detained. (8 .) "Niue" gets underweigh. (9 .) Natives report missionaries who went

ashore killed. (10.) "Niue " leaves for Daru. (11.) Account given by native afterwards captured shows that missionaries went into dubu: boat's crew also enticed in. (12.)

Missionaries and crew killed, and heads cut off. Navagi kills Gahibai: Navagi is killed : whaleboat broken up: bodies of victims cut up and eaten : heads kept as trophies.

PART II.-FmsT VISIT OF THE TO GoAR IBAm AFTER THE MASSA CHE.- PuNITIVE ExPEDITION. ( 13.) Preparations for expedition : arrival at Goaribar i of Sir George le Hunte and party. ( 14.) Administrator's account of his operations: attitude adopted in dealings with native;-;. (15.)

P arty proceeds to land: natives attack }1nd are r·epulsed with loss of life. (16.) Kemeri taken prisoner, and gives account of massacre as previously related. (17.) Dubus and war-canoes burnt. (1 8.) Native informed, "\Ve do not shoot at anybody who is not fighting us, " and that "·when I come back I shall not come either to fight or to burn." ( 19.) Departure fro !I) Goaribari.

PAR'l.' I lL-SECOND VISIT OF THE AmiiNISTRATOn TO GoARIBAHI IsLAND AFTER THE MASSACHE.

(20.) Arrival of Sir George le Hunte at Goaribari. (2 1. ) K emeri taken back. (22.) Plan of taking prisoner s abandoned; but uatives inforrhed that Administrator wo uld not make friends, and would some time take the murderers prisoners, and wo u!d require the two white missionaries' skulls to be delivered up : determination to make friends with all villages except Dopima and Turotere: natives get uneasy and disappear : Turotere people warned: trade with Dopima

and Turotere interdicted : Tutu and Gaapu visit ship : Revd. Mr. Chalmers' skull obtained through Tutu: intention expressed to visit Goaribari annually. (23.) Tutu brings other skulls: warning again conveyed to Dopima and Turotere through Tutu. (24.) Villages visited: Turotere again visited and warned : skull delivered up, but not Mr. Tompkins' : skull declined and warning repeated: Dopima and Turotere have unpurged offence to account for: departure

from Goaribari.

PART IV.·- VrsiT oF THE AcTINa-AmnNISTRA'roR (JuDGE RoBINSON) TO GoARIBARI I sLA:-m ; AND THE AFFRAY BETWEEN IllS PARTY TilE NATIVES ON THE 6TH OF MAR CH, 1904.

(25.) Sir G. le Hunte unable to carry out his intention to visit Goaribari in 1903. (26 .) Judge

Robinson appointed Acting-Administrator. (27.) Judge Robinson inspects \Vestern Division. (28.) J udge Robinson visits Goaribari. (29.) His object in doing so. (30.) March 5th

natives come round vessel: trading carried on. (31.) l\Iarch 6th natives come round vessel: trad::1_,; : natives are seized : others fire arrows in retaliation: police and others shoot at natives with fire-arms: natives flee.

PAR'l' V.-PROPOSED APPOIN'niENT OF A ROYAL OE' JuDGE

(32.) Sensational newspaper accounts of affray : Royal Commission mooted: Judge Robinso n requested to

(35.)

attend Commission. (33.) Two letters written by Judge Robinson. (34.) D ea,th of Judge Robinson: verdict of Coroner's inquest.

PART V I -RoYAL CoMMI SS ION APPOIXTED .-APPEARAX CES. - Srrnxas. ·- \V rT::

Royal Commission appointed: i1H1uiry opened: appcn.rance on behalf of Co mm onweaJth Government : no appearance on behalf of memory of late Judge H-obin son. (36 .) The ta,king of e,·icl ence, and preparation of report. (3 7.) Seventee n witnesses examined. (38.) Minutes of :VIee tings and of Evidence for\\'ard ed with report.

PART VII.

73

8

PART VII.-THE AFFRAY AT GoARIBARI IsLAND.-CoNSIDERATION oF THE EviDENCF. AND FINDINGS OF THE COMMISSIONER.

(39.) Questions to be inquired into. (40.) Arrest of lake: attack by natives: nature of the attack: number of arrows fired. ( 41.) D aru corporal fired first shot: general firing a t nativ-es followed : persons who fired: natives fled: shots fired at fleeing natives. ( 42.) Time firing lasted: number of shots fired. ( 43 .) Marksmanship of native poli ce: number of natives killed and wounded. ( 44.) What caused natives to fire arrows at ship 1 " Thy did ship's company fire on natives 1 Natives had no intention of attacking ship. (45.) General order to native police to shoot natives who draw a bow at them : Daru corporal merely did his duty: native police desired vengeance. ( 46.) Firing at natives continued too long: police out of hand : Commandant Bruce not to blame : marksmanship of native police: system of employing natives as police. ( 4 7.) Standing ord er to shoot natives who fire arrows considered: Papuan bows aud arrows described.

( 48.) Conduct and discipline of native police: Commandant, not informed of proposed course of action, not to blame for result : account of Mr. Bruce's actions : Mr. Bruce exonerated. ( 49.) Officers and crew who fired, including Mr. Rothwell and Mr. Bruce, exonerated. (50.) Immediate cause of affray was the making of the arrests on board: how came that course to be adopted 1 Was it a proper course? (51.) Best evidence lost through death of Judge Robinson: state of mind which led to his death: inferences to be drawn from his desperate act. (52 .) Written reports left by Judge Robinson: state of mind when written. (53.) ·weight

to be given to the written statements: invidious duty which leads to sc rutiny of acts of the dead : correction of popular view of "de mortius re" suggested. (54.) Non-representation of late Judge Robin so n's memory. (55.) Conflict between evidence of _ lVIr. J iear and statements in late Judge Robinson's letters. (56.) Mr. Jiear and Judge Ito bin son were agreed

as to arresting the four murderers, capturing hostages, and capturing natives to be trained as village constables. (57.) There was a difference of opinion RS to_ method of making the arrest and captures: Judge wan ted arrests made on board "Merrie England," Mr. Jiear on shore: Mr. Jiear thought murderers might be captured anywhere or anyhow, but it would be t reachery to capture others after inviting them on board : lVh. Jiear did not anticipate that natives would resist: Judge did, for he gave order to get Nordenfeldt ready for action. (58.) .Tudge decided to make arrests and on ship, in spite of Mr. Jiear's scruples.

(59.) vVas this an unwise course? Sir G. le Hunte's repugnance to adoption of apparently treacherous action on land. (60.) "Merrie England" looked on as a sanctuary. (6 1.) Sir G. le Hunte's threats of punishment do not excuse the course adopted. Course adopted was unwise. (62.) Even the arrest of t he murderers only, after inviting them on board the

"Merrie England," would have involved breach of confidence and disregard of sanctuary. (63.) Unequivocal treatment of savages necessary, to retain their confidence, quite as much as the scrupulous execution of threats. ( 64.) vVhole course of action condemned. ( 65.) Who was responsible for it 1 Judge Robinson seems to have determined to effect his object at all hazards. (66.) Course adopted likely to lead to serious evils. (67.) Mr. Jiear 's attempts to dissuade Judge Robinson from adopting the course he determined upon; but the latter still insisted on proceeding. ( 68.) Placing Mr. Jiear in charge of the arrests did not divest Judge Robinson of responsibility, nor invest Mr. J iear with it: the latter cannot be held responsible: Mr. Jiear's action in personally assisting to arrest lake discussed. (69.) The late Judge's action in joining in the firing on th e natives disc ussed : natives hit by his shots: he appears to have lost his self-control under the sudden excitement. (70.) Conversations between the late Judge and Mr. Jiear just before the arrests were made: their inconsistent accounts: responsibility for general course of action rests on the late Judge Ito bin son : officers of ship and commandant of police not informed of proposed action : disastrous result ensured by the Judge's disregarding his subordinate's caution, and hy h is determination to keep matters in his own hands : order not to inspect arms: no instructions how to act given to Captain or Commandant. (71.) Mr. Jiear exonerated : the fault lies with t h e Judge ; but it is one of over-zeal and want of judgment. (72.) Firing by the J udge at retreating natives was inexcusable, unless, in charity, it be ascribed to t emporary loss of self-control due to excitement.

PART VIII.-REcmmENDATIONS.

(7 3.) Chief Judicial Officer ·3hould be a man of ripe age and experience. (7 4.) Constitution of British New Guinea: matters submitted to Executive Council: the late Judge should have consulted the Council as to course to be adopted : in future, all matters which may lead, directly or indirectly, to collision with natives, should be submitted to Executive Council.

PART IX.-CONCLUSION.

(75.) Rev. C. Abel and his connection with the inquiry. (76.) Acknowledgment of His Excellency Sir Geo. le Hunte's offer of assistance. (77.) R ecognition of assistance of Mr. Atlee Hunt, Secretary, Department of External Affairs ; and of the Secretary to the Commission.

9

ROYAL COMMISSION OF INQUIRY RESPECTING THE COLLISION BETWEEN THE NATIVES OF GOARIBARI ISLAND, BRITISH NEW GUINEA, AND THE GOVERNMENT PARTY ON 'IHE STEAM YACHT "MERRIE ENGLAND," ON THE 6th OF MARCH, 1904.

REPORT.

To His Excellency HENRY STAFFORD, BARON N ORTHCOTE, Knight Grand Cross of the Distinguished Order of Saint Michael and Saint

George, Knight Grand Commander of the Most Eminent Order of the Indian Empire, Companion of the Most Honorable Order of the Bath, Governor-General and Commander-in-Chief in and over the Common­ wealth of Australia.

MAY I'l' PLJ<;ASE YouR ExcELLENCY,-

75

(!.) I, Charles Edward Robertson Murray, one of the Judges of the Commissioner Metropolitan District Court District of New South Wales, having been appointed by submit8 Your Excellency on the 25th day of July, 1904, a Commissioner "to inquire into, nport. and report upon, all the circumstances attending upon, or incidental to, the

occurrences at Goaribari Island, British New Guinea, on the sixth of 'March, 1904·, when a collision occurred between the natives and Government party on the s.s. 'Merrie England,'" have the honour to submit the following report:-L Massacre of the "Niue" Missionary Party.

2. During the afternoon of the 7th of April, 1901, the London Missionary ".Yiue, Society's Schooner "Niue" arrived at Goaribari Island.· 'l'his Island is situated in the Gul'f of Papua, on the southern shore of the vVestern Division of British New Guinea; it lies opposite to the mouth of the Omati River, one of the many channels atio'.1011dP0t'·

b h . l tl t t tl A' d R ' d' h . t t . t tl ulatw•• of the y w 1c 1 1e paren s rean1, 1e n· 1ver, 1sc arges 1 s wa ers 1n o 1e ocean. h tand. Char· Situated at a distance of about a n1ile from the mainland, it is easy of access, by '!cfe>b· f h . P f h b 3 00 d ') 00 h d uuta means o canoes, to t e native apuans, o w om etween , 0 an .;,5 ave rna e it their home. These natives elwell in a number of small villages, the two principal of which, Dopima and Turoter e, lie close to the landward or northern shore of the

Island. In one of his reports Sir George Le Hunte states, that "the locality is one which has a very bad reputation; the population is large and savage." (Ex. 3.) 3. Very soon after her arrival, the schooner "Niue" was surrounded by Natives

natives in canoes, who clamorously invited the Missionaries to visit them in their t11 'n 1v.ite.d . . . •sswnanes villages, which Dr. Chalmers, who was m charge of the party, promised to do. ashore. (Ex. 3.) 4·. It has since been learned, through K emeri, a native captured by Sir George Native con8pi­ Le Hunte's party later in the same month, that a chief named Garopo, of Dopima kil! . , d · h d .n.' village, off which the. H Nme 1vas anchored, first su ggeste that the party s oul · B be

N landed.

Natives looted "Niue."

Whaleboat seen detained,

10

Massacre of Missionary Par ty at Goaribari Island.

be killed; and, on the same night, that of Sunda.y, the 7th of April, messengers were sent to invite the assistance of the people of a number of villages in the near neighbourhood, both on the island and on the mainland. The villages of Turotere, Bai-ia, Aidio, Eheubi, Goari-ubi, Aimaha, Gewaribari, Ubuoho, and Dubumuba, responded to this invitation from Dopima ; and on the following morning, Easter Monday, all the canoes which had collected were sent off early to the schooner to again invite the JV[issionaries to land. (Ex. 3.) ·

5. Without waiting for breakfast, Dr. Chalmers went ashore in his whale­ boat, accompanied by the Rev. 0. F. Tomkins, nine native mission students, and Navagi, chief of Ipisia. The majority of the natives, in their canoes, accompanied Dr. Chalmers party, who had stated t hat it was t heir intention to return in time for breakfast. (Ex . 3.)

6. Some of the natives st.ayed with the schooner, at her anchorage ; and, after the whaleboat's party had been seen to land and disappear into t he village of Dopima, in spite of the effor ts of the captain (a Rarotongan) and the crew (Papuans of Kiwai island), who had been trying to pacify them by making them presents of tobacco and other "trade," they boarded and looted her, but without attempting to

kill any of the crew. 'l'hey then returned on shore. (Ex. 3.)

7. The whaleboat at Dopima had, during this time, been noticed to come out a little from the shore ; but neither Dr. Chalmers nor Mr. Tomkins vvere then in her; and, soon after, she was seen to return to the shore, as if those in her had bee n prevented from leaving. (Ex . 3.)

"Niue'' went 8. As the natives began to return to the schooner, and there was a danger of offshore. their seizing her, the captain took advantage of a breeze which sprang up opportunely,

weighed anchor, and stood further out. (Ex. 3.)

Natives 1·eported that Jot issionaries had been killed.

"Niue" left jo1·Da1·u.

account. Missioiiai:y pqi-i(;

i?ito 'duo u. · '

,lf issiona1·ies and party killed, and heads cut off.

9. At this time some of the natives on shore were noticed to be making certain signals; which, the Kiwai men in the "Niue " told the captain, m eant that the party which had gone to Dopima had been killed, and that their heads had been cut off. (Ex. 3.)

10. As the canoes, which had sheered off when the schoonel' was got under weigh, tried again to close with the vessel, the captain took her further out, and anchored; but later in the evening he went sti.ll further out into the gulf to secure a safer anchorage, owing to the shallowness of tbe water. Next morning he returned to Goaribari Island by the western channel; but, as he could see nothing of Dr.

Chalmers' party, he left t o report the matter at Daru and Port Moresby, arriving at the latter port on t he 27th of April. (Ex. 3.) 11. From Kemeri's account it is learned that, when they reached the Island in the whaleboat, Dr. Chalmers and Mr. 'romkins went to "the long house," or

"dubu," a long native building-the length of this one was about 300 yards-in which the unmarried men or ·warriors among the natives live. A few of the native mission boys or students accompanied them. The others stayed to guard the whaleboat; but they were also, soon after, enticed inside the house on pretence of giving them something to eat.

12. What followed was described by Kemeri, and appears thus rendered into English, in an enclosure accompanying Sir George L e Hunte's report:-" The signal for a general massacre was given by knocking simultaneously,from behind, both Messrs. Chalmers and Tomkins on the head with stone clubs. This was performed, in the case of the former, by Iake of 'l'urotere; in that of the latter by Arau-u of Turotere. Kaiture, of Dopima, then stabbed Mr. Chalmers in the right side with a cassowary dagger; then Mururoa cut off his head; and Ema cut off Mr. Tomkjn s' head. 'rhey both fell senseless at the :first blow of the clubs. Some names of men concerned in the murder of the rest of the party are :-Baibi, Adade, Emaj, Utuamu, and Amuke, all of Do pima; also vr abaga and Ema, both of Turotere. All the heads were immediately cut off. V\T e, however, lost one Gahibai, of Dopima. He was running to knock

. a

11 77

Punitive Expedition.

a big man (note this must be Navagi, chief of Ipisia) on the head, when the latter snatched a stone club from a man standing near, and killed Gahibai. He (N a vagi) Navr:oi. L-illed was, however, immediately overpowered. The other boys were too small to make any resistance. In the meantime the people in canoes left at the "Niue" had come killed

back, after looting her of all the tomahawks, &c . This party was led by Kautiri, of Dopima. Finding the party on shore dead, it was determined to go back to the "Niue" and kill those on board. However, the "Niue" got under weigh and left; so they could not accomplish their purpose. I think the crew of the "Niue" were frightened at the noise on shore. Then Pakara, of Aimaha, called out to all the people to come and break up the boat, which had been taken right inside the creek, Whaleboat

it being high water. This was done; and the pieces were divided amongst people broken up. from the various villages. Pakara is the man who followed and talked to you in the Aimaha Creek for a long time. Directly the heads had been cut off the bodies, . some men cut the latter up and handed the pieces over to the women to cook, which

they did, mixing the flesh with sago. They were eaten the same day. Gebai has got Mr. Chalmers' head at Dopima, and Mahikaha has got Mr. Tomkins' head kept as at Turotere. The rest of the heads are divided amongst various individuals." trophtes. (Ex. 3).

II. First Visit of the Administ?·ator to Goaribari after the Massacre­ Punitive Expedition.

13. Immediately on receipt of the news brought by the "Niue," the a_t

ld .. t t f th p . s· G L H t d t' f Goarzban of A m1ms ra or o e ossesswn, u eorge e un e, ma e prepara IOns .or a Si1· G. Le punitive expedition; he arrived at Goaribari Island on the 2nd of May in Hu.7t e and Government yacht "Merrie England," accompanied by the "Ruby," a launch, and pw y. the s.s. "Parua," a vessel sent by the Queensland Government with a small party

of soldiers, to assist.

14. The Administrator's account of his operations on this occasion is 'Jjr G.,Le . contained in Exhibit No. 3 in the Appendix to this Report. The following extract will show how he regarded his relation to the natives :-" I gave orders that the natives. were not to begin hostilities, but directly the natives began to fir(3. their

arrows at us, we should return it with rifle fire at once ; and that on no account if they called out "peace" (" miro ") was any answer to be given, as I had no intention of misleading them as to the nature of our visit; and I accept in the fullest measure the entire responsibility for this and every other step that was

tn,ken; and none were taken except by my explicit orders. I was perfectly clear that what I determined to do vvas right and necessary. I was not on an exploring expedition, using every effort to conciliate the natives and avoid collision, even refraining from retaliation of dangerous attacks, as many a time our officers and

men have bravely done. I had come to meet face to face a cruel set of savages, who, we were now satisfied, had committed a treacherous massacre of a defenceless and peaceful party of white men and natives, whom they had invited ashore ; and had looted and nearly secured their vessel and its crew ; and I was determined that, if they attacked my force first, they should reap the result immediately ; at the same time, none were to be shot at who were running away or not engaged in the

attack. I considered this to be of greater importance than getting to a hand-to-hand fight and killing more men and taking prisoners. The first lesson I intended to teach them was the immediate result of firing arrows within striking distance of any of my party." (Ex. 3).

15. Continuing his account, Sir George Le Hunte states that when his boats Natikes d reached land at the villages of Dopima and T urot ere the natives fired arrows at ·

them; the signal to attack was therefore immediately given, and the boats' crews instantly opened fire with their rifles. The n atives fled, and the punitive party occupied the villages. It was estimat ed that thirty-four of the natives were killed during these operations; and on this subj ect the Administrator writes:-" I should

be hypocritical were I to say that I deplored the loss of life on this occasion. I deplore

12

Sir Geo. le Hunte's Second Expedition to Goaribari.

deplore the necessity for taking it at all, and I am very glad it was not greater; but it was inevitable, and the natives brought it on themselves, and I believe conscientiously that they deserved it." (E.r. 3).

Kenm·i taken prisoner.

15. During the fight one native was taken prison er; and, when his

first fright and apprehension of immed iate death bad passed off, he was a

source of useful information. Through one of the native police who could speak his language, h e stated that his name was Kemeri. He gave the first authentic account of the fate of the missionary party, appearing in paragraph 4 of this report.

Dubus and war canoes bu1·nt.

(.Ex. 3). .

17. As the usual time had already passed for the south -east trade wind to begin, when it would be impossible for the vessels conveying his party to remain in the Gulf of Papua, the Administrator could not sta.y longer at Goaribari. He writes:-" I had to decide now what punishment I ought to inflict on all those villages which I had reason to believe were implicated or connected in any way with the deeadful tragedy; and I, at length, after careful consideration, decided to visit them all with one or other of our parties and burn the dubus, but not to touch any of

the ordinary dwelling-houses of the married men with their women and children. I consulted those of my officers who I knew were sympathetic and experienced with natives; and we came to the conclusion that it was the right thing to do under the circumstances: but, while I took their opinion, the decision was mine, and I was entirely responsible for it. It is a form of punishment which I have

always condemned, as it usually punishes most the weakest portion of the community -the women and children and th'3 sick; but, by burning these dubus only, the punishment would fall only on the fighting men. 'l'he houses are made of sago-palm, and can be rebuilt; but, of course, with a considerable amount of time and labour. The blow to the prestige of the village would be greatly felt; and that is of more weight, in this case, than the material loss of the buildings. It was necessary, in my opinion, to leave a lesson behind me which would not only be felt by those punished, but the report of which would spread amongst their neighbours far and wide. It only remained, then, to carry it into effect, and I gave

instructions accordingly. I also decided to dest1·oy several of the large

war canoes-dug-outs, without outriggers." (.Ex. 3.)

18. 'fhe next day, May 3, after despatching parties in different directions with instructions to burn the dubus, the Administrator took a party himself on a similar errand; and one or two of the incidents which occurred on that day arc thus related by him :-" We then proceeded to the mouth of the creek . . . and pulled up to the village on the left bank . . . I had the prisoner

Kemeri in my boat, with Mr. Murray (the Resident Magistrate of Western Division), and Corporal Peradi as interpreter . We saw some men in canoes with

their fighting ornaments on; and one man in a single canoe paddled up behind us, calling out (as the prisoner told us) to his p eople not to fight us. Kemeri told Mr. Murray afterwards that this man was at the massacre, and that it was he who first suggested that the Mission boat should be broken up, and expressed his surprise f;_[o,!u:ray that we did not shoot him in his canoe. Mr. Murray told him that ·we did not native" We shoot at anyone who was not fighting us. 'l'he village was a large one, witll a dubu rs at either end. . . . . We bed the dubus for any traces, and found parts

not,(iyhting of the boat. We burnt the dubus, and then left. The man in the canoe shouted to

us. us to know why we had burnt his houses, as h e had not fought or killed anyone.

We told him that we did it because they all had a hand in the massacre and looting, and that when I came back I should not come either to fight or burn. He said

whenhecame that when we came back he should kill us; but that is their usual expression back he should f ,

not come to 0 anger.

fight or burn. Sir G. le Hunte left Goaribari.

19. After burning a number of other dubus, destroying 120 of the fighting canoes, and holding a funeral service in memory of the missionaries, the punitive expedition left Goariba.ri on the 6th of May, 1901; and only just in time, for on that day the south-east monsoon set in and brought bad weather with it.

III.

13

Sir Geo. le Hunte's Second Expedition to Goaribari.

III. Second Visit of the Adrninistrato?· to Goa1·iba1·i Island ojter the Massac1·e (lst to 6th JJ1a?·ch, 1902).

79

20. As it is only possible to visit Goaribari during the north-west monsoon, Arrival of Sir almost a vear elapsed before the Administrator could return: he did so on the 1st G. L e " · . at Goarzban. of March, 1902, m the "Merrie England," accompamed by the launch "Ruby." (Ex. 4.) 21. He took with him Kemeri, the Papuan captured at Dopima the previous Kemeri taken year, hoping, through Kemeri, to get into communication with the natives. This

hope, however, proved vain, as, shortly after they landed, Kemeri became so nervous that he was of no use, and eventually disappeared, only returning once to the ship for a present which had been promised him. (Etc . 4.)

22. In order to get into communication with the natives, the Administrator Sir G. Le therefore felt constrained to prOl'nise, on landing ngain the next day (March 3) that he "would not do anything to them now." "'i'his," he says, "involved g iving up plan. of the plan of making prisoners ; but I told them that I should not make friends; and

that I should require to take, some time, four of the principals, whom I named, concerned in the massacre of the London Missionary Society party ; and the deliverv to me of the heads of their victims. T·wo of the men whom I mentioned Murderers '' · d · could have

were pomte out to me, and I could, probably, have arrested them; hut It ·w ould bee n arrested, certainly have constituted an act of treachery in their eyes-not that they have any but n 7dathives l . " . 'Wou . ave sue l scruples themselves-and would have rumed any chance we had of malnng considered it friends, as I had intended to do with all the other villages, except Dopima and t?·eac!wry. Turotere, the one further up the channel, on the same side as Dopima, where we slept on the night of our first visit and fight, and which must be regarded as equally forgiven. guilty. As soon as I told them this, they got very uneasy, and began to disappear into the bush till only a fevv were left. They had begun to rebuild their dubus, and had finished some; but apparently they were not so high as those we had burnt. There was no doubt, both here, and wherever we went, of the effect of the lesson that they had had. I asked them why they had killed Mr. Chalmers and his party, and they replied in a very natural way that it was their custom to kill strang-ers, but they would not do so again. We went next to Turotere, seeing no one the first time ; Turotere but, by assuring the people that we were not going to harm them, we got them to come to us ; and I told them the same thing. We did not give them any presents ; and I O'ave instructions that the "Merrie EnO'land" was not to trade with the Trade with b o 'l'urotere and people from those two villages; for, now that they >vere assured we 1rere not going Dopima to attack them, they came freely round thA ship in their canoes to barter their bows and arrows for tobacco, &c. ; but I thought it better to show them that we made a difference between them and the others On the following morning Kemeri came off to the ship with a very small piglet which he desired to sell me for a tomahawk. I told him I would not buy anything from Dopima until the heads were given to me; and sent him ashore. I never saw him again . \Vhile the tide was high we went to Aimahe village .. and got into friendly touch with the people . . . . Two of the natives we met here (Tutu and Gaapu). Tutu and said they would come hack with us . . . They came on board. . . 'l'hey Gaapu. thoroughly appreciate the meaning of firearms now; though, from what he told me, not nearly so many of them were killed on the first occasion as the police lwd reported to Mr. Murray. It seemed doubtful whether as many as ten were actually killed in all the villages where fighting occurred; both Tutu and another older man at Dopima counted six to me, turning down a finger for each, and touching the wrist with the closed fist inclined to>vards it for the sixth. I told 'rutu that I must have the skulls of Mr. Chalmers and Mr. Tomkins at once; and, to my great satisfac- · tion, he went ashore and brought a comparatively new skull, which he said was, in Mr. truth, that of Mr. Chalmers; and, on careful inspection, it was evident ly that of a white Ch :t.ZrnerJ man, and, from its size and growth, was that of a man considerably older than M:r. rec Jv£ re · Tomkins. The native sergeant of the Armed Native Constabulary, who h as been a long time in the west, and who showed himself well qualified to judge on the subject, expressed himself that it was certainly Mr. Chalmers' h ead; and I have no doubt

Dopimu and Tm·otere wa1·ned again.

Turotere

a gam.

14

Judge Robinson's Visit to Goaribari - The Affray.

doubt m yself that it is. I declined to pay a tomahawk, or anything else, for it, and said they must get me l\1r. Tomkins' as well. We left the ship early the

n ext morning to visit Gum·ubi village. T he people were making off up it

(Aumo Channel) in their canoes in great numbers; but we finally got them to come to us. At one moment it looked as if, in their fright, they were going to lose their heads ; and I saw one oldish man fit his arrow to his bow, behind a clump of high grass ; but I called out to them to put their bows away, which they at once did. We made this rule everywhere-no one was permitted to approach with weapons; not that there was any real risk of their using them, but I thought it well to make them understand that we did not allow it; and in every case they obeyed directly. They never stir a yard without their arms. I intend to visit Goaribari

regularly every year ; and from there, westward, link the vvork up ·with that of the R esident Magistrate from the F ly River side of the Gulf." (Ex. 4) .

23. On his return to the "Merrie England" on this day (March 5, 1902) the Administrator found Tutu waiting alongside the ship with a number of skulls, for which he wanted tomahawks. Thev were, however, old, and the skulls of natives, and the Administrator "ordered liim to take them back at once, and tell the D opima people that, :if I did not get the skulls I had required, I would punish them when I came again, as I h eld them and Turotere now alone responsible; and that, if I was disobeyed next time, I should burn their dubus again it will

undoubtedly leave Dopima and under the knowledge that we have not made friends or done with them yet." (Ex. 4).

24. Having, during a stay of five days, visited all the villages which; on the previous visit, he had punished, the Administrator decided to depart the next day; but he went again to Turotere, in order to leave no doubt there. Of this visit he writes :-" Some of the men, on being told that we were not going to fight, came and spoke to us. I told them what I had said to Tutu. A man said that l\1r. Tomkins' head was in a part of the village lower down towards Do pima. We told him to go . along the bank while we rowe d clo wn there. After some time a skull was placed on ?{;j1 the bank; and we told the man in question to bring it off to us, which, after being recov;·ed. reassured that we were not going to harm him, he did. It was evidently not a

white man's skull, nor a recent one; and I decli.1ed to accept it as the one we wanted, and repeated my warning. He t hen said that a Dopima man had it; and that h e would go by night, and get it, and bring it off; and asked that instructions might be given that he should not be fired at. All this was carried on in

confidential whisper with one of our western corporals, who acted as interpreter. The Turotere man was a large po1verfulman, with an evil 'insidious ' countenance. It is hardly n ecessary to say that n either he nor the head appeared that night; and, . though we gave the necessary instructions, I n ever expected that he would come. ancl S f '1 D . d '1' t d th h d ff

1'urotere have o ··ar, t 1en, as opnna an lli'O ere are concerne , ey ave an unpurge o ence

an unpurgecl still to account fo r. . . . This terminated our work here, and we left the next offence still to • (l\ il" h f D , (E. 4) account fm·. morning .J.u.arC 6) Or aru. X. . .

I V. Visit of the Acting-Administrat01· (Judge Robinson) to Goariba1·i Island; . and the Affray his Party and the N atives on the 6th of Marclt, 1904.

Sir G. L e . 25. Owing to the absence in 1903 of Sir George Le Hunte from New Guinea .If1 1mtte not in the months of January, February, March, and April (these being the only months au e o car1·y . . · cl · h lb d ol!t his when the Gulf of Papua, whwh IS shallow and thwkly stuclde w1t sane anks an twn t? other danO'ers to shippinO' and is very imperfectly surveyed mav be safely navi- Goanban, m o u' < • ' . .! 1903. gated), he was unable to carry out his intention to visit Goaribari during that year, as expressed in his despatch of the 29th of March, 1902 (Ex. No. 4), quoted above in paragraph 22 of this report. Mr. Robinson 26. In June, 1903, Mr. C. S. R obinson, a Queensland solicitor, wno, only appointed the previous month, had been appointed Chief Judicial Officer of British New A cting Ad· rator. Guinea

15

Royal Commission mooted-Death of Judge Robinson.

Guinea (vide Ex. :No. 1), was further appointed to act as Deputy and Acting Administrator of the whole Possession (vide Gazette notice of the 9th of June, Ex. No.2).

81

27. In the course of his duties as Deputy and Acting Administrator, combined Judge .l!obin­ with those of Robinson, during th.e of.

and February, paid a VISit of mspect10n to the Western DIVISIOn of Bntlsh :New JYe.stern Divi-Guinea, of which Mr. A. H. Jiear was then the Resident Ma.gistrate; he having swn. . succeeded Mr. Murray, who had, so me time previously, been promoted to a similar position in another Division.

. 28. In continuation of these duties of inspection, Mr. Robinson visited Judge Robin-Goaribari Island in the "Merrie England " arrivinO' there on the 5th of March son's ?isit.to - < ' o ' Goarz/Jan. 1904 (Ex. No. 5). The ship ·was in charge of Captain R. H. Harvey, with Mr. E. Rothwell as Chief Officer; the Deputy Administrator was accompanied by the

Resident Magistrate for the Division, with his party of native policemen, seven in number; and by the Commandant of the Armed Native Constabulary, under whose command there were, in addition, thirty-two native policemen, half of whom were raw recruits. ( Q. 159-161, 362, 492) .

29. In his despatch to Your Excellency, dated the 23rd of March, 1904 (Ex., .fobi7•1: No.5), in which Mr. Robinson reports his throughout the whole of

visit of inspection, he shortly recounts the steps taken by Sir George Le Hunte bari. · during his visit in 1902, the attempts then made to secure the return of the skulls of the murdered missionaries, and the Administrator's statement that the villages of Dopima and Turotere had an unpurgecl offence still to account for, because they did not deliver up the murderers and return Mr. Tomkins' skull. Mr. Robinson

then continues his r eport in the following words:-'-" My duty, therefore, was to endeavou:::- to complete his work, and to carry out the exactions of which he notified the natives, by taking prisoners and recovering if possible the heads of the victims, especially that of Mr. Tomkins. 'l'hese skulls are greatly prized by the natives as trophies; and the moral effect of allowing them to retain possession of that partir.ular one is correspondingly bad."

30 . On the same day-Saturday, the 5th-the natives were seen removing Saturday-th . d h'lcl f tl • l cl t th • 1 d t . . Natwe.s came eir women an c 1 ren rmn 1e IS an o e main an ; canoes con .a1n1ng round va sel-natives, not in war paint, but wearing the gauntlets used to protect the left wrist from the straightening bowstring when an arrow is shot, and armed with bows, and

bringing arrows, some in sheaths or quivers ready for use, some done up in bundles and apparently meant for trading, came out towards the ship in large numbers, and lay round about; by means of invitations to trade, and friendly signs, a few were induced to come on board; some trading was clone. lake, the murderer of Mr.

Chalmers, and Ema, who cut off Mr. Tomkins' head, were recognised among the others. Mr. Jiear, unarmed, actually sat for some time with Ema, in his canoe, till recalled by Mr. Robinson (Q. 105). Towards sundown they all left fo r the shore. Everything bore the aspect of peace and friendly bargaining.

31. On the clay following, Sunday, the 6th, early in th e morning, while the Sun0ay­ ship was lying at anchor, heading about N .W., between the mainland and Goaribari cazme .. ._.... .._, vesse -I sland ( Q. 616), a large number of natiYes, variously estimated, even as high as 600, trading began came out to the vessel in their C[moes. They seemed t o have more confidence than on the Saturclay. Some of them came on board; and a small amount of trading was an·ows .fi,·ed

done between them and the crew, native weapons being bartered for tobacco, knives, etc. lake was induced to come on board; Ema h ad been n ear the ship in his canoe, but had apparently gone back t o the shore. Shortly after the natives came on board, lake, and a number of the others, were seized. Almost at the same time some of the native police opened fire 'vith their on the natives in their canoes lying J udge Ro/, in­

round about from which arrows had been clischaro·ed at the ship· the ftrin()' was on ' o ' '"' N atwe.< joined in by the Acting-Administrator, and, to a small extent, by a few of the · officers and crew. The natives retreated at once, but several were killed or wounded. In a few minutes the firing ceased. v.

16

Royal Commission appointed- Inquiry held.

77. F1·oposed AJJpointrnent of a Royal Com1nission-Death of Judge Robinson.

32. Various accounts of the affray on the "Merrie England," having appeared

in the official correspondence, and in the Press, some bein g of a sensational nature, Your Exeellency's Ministers announced their determination to advise that a Royal Com- Commission be appointed ; and, on the 16th of June, 1904, Captain P . I-t. Barton,

who had just previously been appointed Acting Acl ministratot, wrote a letter to

Judge Robinson, in accord ance ·with Your Excellency's instructions, in which he J d R b' _ informed J uclge Hobinson that an inquiry wa

that h e might be r epresented by counsel, if h e FO desired ; that any witnesses he

teo atte_nd_ might deem necessary would be brouzht before the Commission; and that leave of ommzss10n. • u

absence, for wlnch h e was requested to at once apply, ·would be granted to enable him to attend the Commission. (Vide Ex. No. 10. )

Tw_o letters 33. On the 18th of June Judge Robinso n wrote a letter (Ex. J.Vo. 6) to

rdlen by Judge Robin. the Acting Administrator, supplementing his previous report wi th regard to the &on. occurrences at Goaribari I slancl on the 6th of March; and on the 19th of June he

supplemented this by a further letter. (E:c. No . 1).

])eath of Judge Robin•

34. On ihe morning of the 20th June Captain Barton and a M r . .Manning \rerc a\Yaken ed soo u after seven o'clock by the continued harking of a clog. They rose to see "\rlla t was t h e matt er, met on the verandah, and saw something which attracted their at teo tion lying on the grass n ear a flagstaff. On walking closer they found it wns J ud gc Robinson, still breathing, hut mortally wounded by a shot in the forehead; h e had a revolver in his hand. They sent at once to the Government M edical Offi cer, Dr. Craigen; hut before h e arrived Mr. Robinson was dead. At the inquest, which fo llowed in the ordinary course, the Court found "That

son.

Royal Com· mission appointed. I nquiry commenced.

Christopher Stansfeld Robinson ... ... .. . committed suicide whilst temporarily insane." (Vide E x . No . 9. ) In the late Judge's office an envelope vYas found, which

contained tlt c two letters referred to in the preceding paragraph. (Exs. Nos. o and 7).

FI. Rob·al Co mmission Appointecl-./lpp ea rances- Sittings- rf7itnesses.

35. The 25th of July, 1904, was the date of this Commission. 'I'he inquiry was op ened on the 2Gth of July, at the offices of the Commonwealth, Sydney. Mr. G. Long-Innes (instructed by Mr. R obison) appeared on behalf of the Common­ " ·ealth Government, not as an advocate for any party, or regarding the matter from any particular point of view, but simply to assist Your Commissioner in eli citing the truth. 'rbis assistance he rendered ably and conscientiously. 1'here "·ere no appearances on behalf of any other persons ; thou gh, as will be seen by reference to No appear- . 'Exhibit No. 8, the executors of the late Judge Robinson had asked for, and h ad been ance on beltalj d . , f tJ t t' f h' '1'1 f l t of the late grante , perm1sswn to arrange -or 10 a 10n o ts memory. 1e ·act t 1:1 ,Judge Robin - advantage was not taken of this permission is much to be regretted. It was

m . announced at the opening sitting, in order 1hat i t might he reported in the

daily ]Jress, that Your Commissioner would he only too glad to listen to, and grant, the application of anyone who, for any reason, might think it fair that h e should be represented, or that he should appear in his own interest, at tlte inquiry. (Par. 4., Evic1.) 'l'hrough out the course of the sittings, ho·wever, no such application was made.

E vidence talcen. 36. Evidence, reported in shorthand, and transcribed ready for reference by

the next morning, was taken on fiv e clays; and two inspections were made of the "Merrie England." Since then Your Commissioner has, save for Uli.avoidable interruptions caused by other work of a judicial nature, been constantly employed in the preparation of this r eport, in which he has been most ably ancl zealously assisted hj-· Mr. J. Garlick, who has acted as secretary.

37.

17 83

Findings of the Commissioner- Number of Arrows Fired.

37. In all, seventeen witnesses were examined, in the following order:- Witnesses - - ---:------ ---:------------ --- --------,...-,...---- examined.

Date, HJO!. I Name.

:1.m.

26th July Jiear, A. H.

p.m.

26th July Jiea r, A. H.

"

Bruce, W. C.

, Jewell, Arthur ...

a.m.

:lith July Harvey, R. H . ...

"

Rothwell, E.

"

McDermid, E. S.

"

'YVatson, A .

"

Tyse t·, C.

"

Griffin, Thos.

"

Johnson, F. VY ....

"

Muir, James

28th July James, D.

"

Inman, J.

"

Hine, J.

"

Adamso n, M.

"

Burrows, V.

"

Jewell, A.

"

Bruce, vY. C.

"

Jiear, A. H.

p.m.

28th July Jie:1r, A . H.

"

Bruce, VV. C.

"

Hunt, A . A.

29th July Hunt, A. A.

"

Jiear, A. H.

Position.

R esid ent Magistrate of the W est ern Division of B.N. G., stationed at Darn ...

Resident Magistrate of the VVes tern Division of B.N.G., stationed at Darn (examination concluded) Commandant of the Armed Native Constabulary, n,nd As· sistant Magistrate, B.N.G ... . Acting Private Secretary to the Acting Administrator of B.N.G.

Captain of the B.N.G. Government Steam Yacht "Merrie\ England" .. . ... ... ... ... . .. .. .

Chief Officer " Merrie England " Second , ,

Chief Engineer ,

Second , ,

Chief Steward Second ,

Carpenter Able seaman

"

"

"

"

Question Numbers.

51-246

247-351

352-498 499-626

627-734 735-799 800-874 875-932

933-977 978-1032 1033-llGO 1101-1224 1232-1375

" " 1376-1591

Fireman and launchman " Merrie England " 1592-1803

Fireman . , 1804-1891

Lamp trimmer , 1892-1972

Acting Private Secretary to the Acting Administrator of British New Guinea (further examined) ... 1973-1980

Commandant of t he Armed Native Constabulary, and Assistant Magistrate, B.N.G. R esident Magistrate of the 'VVes tern Division of B.N.G. (further examined) ... R esident l\'J agistrate of t he Western Division of B.N. G.

1981-1992

1993-2052

(further examination continued) .. . .. . 2053-2061

Co mmandant Armed Native Constabulary, and Assistant Magistrate, B.N.G. (further examined) .. . 2062-2072

Secretary, Department of External Affairs .. . .. . 2077-211 5

of the

(further examined) .. .

(further examined) 2116-216 9 Division of B.N.G. .. . 2171-2254

38. The Minutes of Meetings and of Evidence are forwarded to Your Minute&. Excellency with this Report.

VII.-The .Alf?'cty at Gocwib ari Island-Conside?'ctlion of the Evidence-Findings of the Commissioner. :39. It is with the circumstances attending upon , or incidental to, the to

occurrences at Goaribari Island, when the collision took place between the natives and the Government party, which has been shortly mentioned in Part IV of this R eport, that Your Commissioner is instructed to deal. The fhst questions for inquiry appear to be these: (1) What did actually happen on that occasion? (2) What

vvas the nature of the collision? And (3) what were its immediate physical ,consequences ?

40. Bevond all doubt, the first overt act of violence was the arrest of lake A rrest of Jake on board the England," and the concurrent attempt made by the by

Police to seize as m any Goaribari natives as they could lay their hands upon. Number of 'rhere necessarily followed uproar and confusion on board. Almost instantaneously arrows were discharaecl-probably in no areat numbers but how manv it is Nature of the t> b ' attack jmpossible to say-by certain natives from the canoes surrounding the ship. Some · of these arrows flew over the awning and bridge deck ; some passed under the

awnmg . Considering 'W4at a large proportion of the space which intervenes c · ' between

Fi1'St rifle-shot.

Genera! discharge of firea?·ms. P e1·sons who firerl.

N ative.s fled.

Natives shot at when retiring.

Time rifle­ firing lasted.

No. of shots fired.

18

Findings of the Commissioner- Shooting of Natives.

between the bulwark below and the awning above was obstructed by deck-houses, rigging, davits, and deck cargo, and the fact that six arrows, or parts of six arrows, were all that were afterwards found about the ship as the result of the discharge, it can hardly have amounted to such a flight or shower as would in itself constitute a serious onslaught. Certainly some of these arrows :f:l.ew through, and some immediately over, the ship ; one very near those concerned in the arrest of lake; another not far from the lamp-trimmer, a youth who was on the bridge-deck at the time, and the extent of whose discretion, sho-vvn by the rapidity with which he took shelter in the chart-room, suggests that his recollection of the number he thinks he saw tends rather to undue expansion.

41. There is little doubt that thereupon, and before the attack-if so it can be called-on the ship, thus begun, had time to develop, a shot fired by the corporal of the Daru Contingent of Native Police at a native in the act of drawing his bow, with his arrow pointed at the captain, who was helping in the arrest of one of the natives, operated as the signal for a general discharge of firearms by so many of the Native Police as were not actually engaged in the arrests. 'J.1he Acting Administrator himseif joined in the firing, using a rifle of his own. Commandant of Native Police, Mr. Bruce, discharged a shot at the waterline of a canoe: and a few shots were fired bv the Chief Officer, who also saw the boatswain use a revolver. When the ri:f:l.e-firi1;g began, the discharge of arrows very soon ceased; and the natives made for the land as fast as they could. The firing continued after they had entirely desisted from their attack, shots being directed at natives escaping in their canoes, and at others attempting to swim away, who had either jumped overboard from the ship, or, in consequence of being wounded, or to avoid the bullets, had fallen or thrown themselves out of their canoes.

'l'he evidence as to the time the shooting lasted varies greatly-from a

lit.t.le over a minute to a quarter of an hour; and there is as great a discrepancy as to the number of shots fired. The excitement of the moment partly accounts for this; partly, too, the unconscious, or barely conscious, inclination of different minds to either minimise or aggravate the seriou sness of the whoJ e affair. Probably, as Mr. Bruce thinks, seven minutes was about the actual time that elapsed from the first shot t ill the last; and Mr. Bruce's evidence indicates that seventy shots were fired by the police, or, at any rate, out of t he ammunition served out to them; and, if there be added to these, in accordance with Mr. .Tiear 's evidence, the number of cartridges, 175 (the whole of their supply at hand), expended by the Daru Contingent, ·and also those used by the Acting Administrator and the other Europeans, then

some 260 shots would appear to have been discharged.

43. Out of these shots a number would, of course, be ineffective, especially as the native Police on board were very bad marksmen, with the exception of the seven men of the Daru detachment, who were fair shots. From the whole of the N_o. of natives evidence on the subject it would appear that at least eight natives were killed on

kLiled. the spot. Considering the vitality of savages, and the chances of non-fatal, as

compared with fatal, wounds, from fi re-arms badly and indiscriminately aimed, it is probable that the more or less seriously wounded amounted to at least some low multiple of eight.

What caused 44. The next question that presents itself is this : What was it that imme-natives to h

attack 8hip. diately led to the shooting by natives at the ship ? The answer is obvious: t ere was never a clearer case of the applicability of the post hoc, p1·opter hoc argument. The struggle on deck was immediately followed by the use of the long What caused bow from the water. The conclusion is as evident as it is also certain that the

at discharge of arrows led to the rifle-fi ring. 'l'he whole of the evidence clearly

shows that, whatever secret hope the natives may have entertained, whatever intention to seize a chance of gratifyjng their cannibal desires, or of avenging their losses of 1901, which, however, they had apparently accepted as a righteous punishment for their own treachery, they had. np imrqediate id,ea of attacking the ,

ship.

19 85

Findings of the Commission er-Cause of Affray.

ship. They wished to trade, and therefore, and because it was their custom, natural Natives had to the savage conditions of t heir lives, they were well supplied with arms. These ·

were regarded by them, and, except as com pared vvith firearms used in t h e open, tio!l to attack were rightly regarded, as effect ively deadly missiles. Made suddenly aware that sh•p . ' ' their comrades, wh o had b een invited on board the ship under theguise of friendship and amicable barter, had been suddenly an d, in their view, treacherously seized, for

what purpose they could only surmise from their own practices, t hey desperately, and without time to reflect upon their chances of success, sought vengeance by the' on ly means they h ad at hand. It is quite likely, too, that t h e struggle which they saw going on on board led them to think that, by seizing the moment for attack,

they might gain an advantage somewhat in proportion to their superior numbers. But the flash and din of the rifles, and the spitting of the bullets, brought back to t heir minds the terrors of 1901 ; and they fl ed almost as soon as they had begun t heir utterly abortive attack.

45. This attack, of course, provoked t he firing. It was an order to theN ative onJer P l . tl 'f 'tl · d' 1 d · db t' t to.•lwotnatwes o ICe 1at I - an arrow was, Wl nn arrow -range, ISC mrge or arme y a na 1ve a fi1·ing arr ows. one of them, or at an officer, they sh ould immediately fire in r eturn. The circum-· stance narrated by the Daru corporal, of t h e arrow about to be shot at the captain,

probably took place: the cor poral's action in firing, whereby h e appears to have f!h·s_ t sh ot only wounded the bowman on the arm, was clearly in obedience to his duty: and Jnstijiabte. ,- . j probably the report of that shot was the signal, that the rest of the police were only too willing t o accept, fo r a gen eral fusillade. As explained by Mr. Jiear (vicle Q.

2017 ct seq.), the massacre of the 8th of April, 1901, had given the police a desire to take vengeance on these Goaribari cannibals : possibly, and probably, therefore; as it is clear tha,t at least some other arrows were being discharged at the ship, members of the force would have fired without the inducement of this mie shot. Gom·iba?·i

Certain it is, however, that almost with it-here again, as might be expected, natives. evidence varies much- at any rate almost immediately afterwards, the fusillade began; 46. Unfortunately there is n o doubt that the firing continued too long, whatever

view is taken of the original justification for it. After all attempts at shooting at the ship had ceased, and when the natives were in full flight, shots were fired at retreating canoes and at swimmers trying to escape. The police were, for the moment, evidently out of band. It was d-ee to the strenuous exertions of Mr. Commandant

Bruce, who had to use his great physical strength ·in dealing with his men to compel them to cease firing, t hat there was not even more bloodshed. It is proper to say at once that neither did h e give any order to fire, nor did he antici-

pate a confli-Jt ; and that h e stands completely exonerated from any blame in Mr. Brucd relation to it. Sixteen out of t h e thirty-two men who formed the Port Moresby exonemte · contingent were recruits: their sh ooting, if any of them fired, was probably Sho?ting . 1 b 'd t d · . . · 'bl t h t 'f bl tt h · effinency of Innocuous, un ess y a em en : an It lS Impossi e o say w a , I any, arne a ac es native police. to any particular members of the remaining sixteen, or of the Daru detachment.

Sir George Le Hunte's r eports are strong to show that the system adopted in New Guinea of training and employing natives as police is generally very salutary and System.of successful ; and it is, in fact, probably t ho only practicable method fo r gradually and steadily extending throughout the P ossession regard for law and abandonment police.

of cannibalism and the worse features of what is called barbarism, as contrasted with what is styled civilisation. 47 . In this relation it seems also appropriate to make some allusion to the S tanding t cl , d h. h h b t ' d 'tl d t , d' t f fi m·der to shoot s an Ing or er w IC as een n1en w ne WI 1 regar o Imme 1a e use o rearms natives who

on an apparent intention by a native t o usehis long-bow. The rule thus enforcedisfiTearrows. framed upon the particular ex perien ce of those who know tbe natives, and is consistent with general knowledge of human nature. A few white men, aided by a small force of trained natives, have to control many thousan ds of savages, who are physically and intellectually not to be despised. Temporising is fatal: r ebellion against the law,

which is designed t o be as fair as possible towards t he natives, and to operate as much for their good as that of E uropeans, must be nipped in t he bntl . And, although, at any · rate

20

Findings of the Comm issioner- Standing Order to Shoot Natives who Draw a Bow.

rate in the Goaribari district, it is believed that the natives do not poison their arrows, Description of these are very dangerous,Yeapons. They average about 3ft. 6 in. in length; some being so much longer as to be miscalled by Europeans spears. A barbed head, of heavier

wood, is fastened to a light shaft of bamboo or reed : and, the centre of gravity being

thus near the head, feathering of the tail is unnecessary in order to keep the line of the arrow in the line of flight, and is dispensed with. The ho"T' which, except when put a way out of use, is kept strung, is powerful enough to give these arrows an effective direct range extending to about 60 yards, and, ·with a high elevation (up to -15 degrees), 200 yards. A deadly wound may thus very probably follow from the expert use of this weapon, at a range beyond that at which a native policeman is at all likely to hit his objective with a rifle shot; and blood-poisoning is probably more likely to ensue than in the case of a bullet wound: so that it is

quite a mistake to treat these bows and arrows as if they were mere toy weapons as compared with firearms.

Native police 48. These various considerations seem to make any further comment unneces--condttct ani b f · h 1 · l' d 1 ' ffi discipline. · sary, y way o censure, e1t cr on t 1e native po ICe concerne , or on t 1e1r o cers, or

Commandant of police not informed of p1·oposed

course of action.

on the management generally of the system, or on the system itself. If discipline was, for a moment, suspended, this vvas the result of an accident occurring under peculiar circumstances. A careful contemplation of these conditions might have caused the result to be foreseen; but such result., without any blame attaching to the Commandant, was not, in fact, foreseen by him; nor was his attention directed to the chance of its happening by those who may have actually foreseen it. He admits that he "had an inkling" that some arrests were to be made. He was iu his cabin when his orderly came down and asked for permission to assist Mr. Jiear in arresting some natives; this request was granted without demur; Mr. Bruce followed the orderly on deck; and the struggle began at once. He had not been told, in order

that he might take steps to select or arrange or keep immediate control over his men, when or how the coup was to be made. Apparently, it was left out

of contemplation that the exercise of his immediate authority over them might suddenly be demanded, and that he was, of all on boaHl, the officer to be kept most. strictly au coztrant with the course of events that might so closely touch the performance of his duty as Commandant of the only armed force immediately Mr. Bruce available. In the opinion of Your Commissioner, Mr. Bruce stands completely exonerated. exonerated.

49. As far as the action of those few of the officers and crew of the ship who took some part in the firing is concerned, it is unnecessary to say more than this: that they, hearing a fusillade going on, and having no knowledge of how it began­ O.ff!-cers of the chief officer, Mr. Rothwell, was dressing at the time-naturally concluded that

shtp the ship was beiP!!.' attacked, and lmrriedlv J·oinecl in what they thou!!.'ht was a on na zves .._., " 1

exonemted. necessary and meritorious defence, till they heard the order to cease firing given by

Cause of the affmy.

the Commandant. They appear to be absolutely free from any suggestion of blame; as also, in this relation, does Mr. Bruce, for his practically nominal participation in the shooting. 50. In the working out of the question : what was the immediate cause of the fracas? it bas seemed incidentally appropriate to touch upon the possibility of censure attaching to those who were only involved in it at the time of its occurrence. The manner But the ordering of the arrests in the manner in which they were carried out being ofmakinr; clearly what g-ave rise to the short attack and the sanguinary defence (the attack arrests b . M v B . h 1 . l f tl t b . d b d

the attack. emg, as r. ruce puts 1t, t e og10a sequence o 1e arres s emg ma eon oar ,

Evidence of most valnable witness not available,

Q. 454), the questions that present themselves for so lution are these: How came such a course to be adopted ? Was it, in itself, or in the light of former experience, a proper one? If it was not, then who was responsible for it, and how far does the choice of it involve moral, and not merely intellectual, perversity? How may the occurrence act as a warning in the future ?

ol. undoubtedly, the fullest li ght that could have been thrown upon the subject has, by the tragic death of the most valuable witness, been extinguished. Whatever conclusion may be arrived at as to his wisdom in ordering the conduct of the expedition,

21

Findings of the Commissioner- Judge Robinson's Mental State.

expedition, the deepest sympathy must be felt for the unfort unate leader, who has been driven by clespaie to take his own life. vV eakenccl by illness, the depressing malarial fever of a humid equatorial climate, very trying even to those accustomed to the comparatively dry heat of Northern Q,ueensland- finding himself almost accused of murder, as responsible for the snnguinary issue of the enterprise from 1...-hich he had

87

hoped to win honour and approval- he yielded to the t errible temptation to make State of mind his own quietus, ancl be done with possible disgrace. 'Io draw from his act, committed under such conditions, the conclusion that h e felt that he was guilty of a serious charge would be unfair. rrhe utmost that might, in justiee, be inferred hzs is that., perhaps, h e was conscious of at least some real ground for the attack that he feared might be unscrupulously pressed, the facts being exaggerated till they bore

no real semblance to the truth, which was itself terrible enough for a mind made abnol'mally sensitive by bodily suffering to reflect on.

u2. A pel'usal of the report of the Acting-Aclminisi.rator, drawn up before com- Errors we?'e ments in the papers upon the Goaribari episode reached him, and of his later letters, the of written just before his death, leaves on the mind of Your Commissionerthe impression ove?··zea · that the writer felt at the first a little uneasy on the score of that particular incident;

and that, perhaps hadly owning his object to himself, he sought, in passing it rather lightly over, and in merging it in a mass of other matters f ully dilated on, to keep it as much as he could out of his own thoughts, and out of the reader's perhaps too critical observation. Afterwards, apparently, forced t o r eflect upon it, feeling that

he was being authoritatively brought to book, he took, in his weak state of health, a morbid view; and, seeking to vindicate his action to himself, as well as to others, but failing in his attempt, in he finally fl ed from the "fatal remembrance," the shadow that seemed destined to throw its bleak shade over his whole future life.

His inconsiderate ac6on, lTlentioncd in paragraph 69 of this report, is painfully suggestive in this relation. It is certain that he had been bent upon using his temporary term of office to do all he possibly could in th e interests of the Possession; that he acted with all the more energy in pushi11g the Goaribari expedition because he knew that Sir George L e Hunte's intended visit had necessarily been postponed for a year longer than had been contemplated. It was only possible to visit the scene

of the massacre during the first four months of the year. It may therefore fairly be said that -whatever errors were made on this unfortunate occasion were primarily the result of over-zeal.

53. But beyond the late Acting Administrator's own written history of the matter, to which Your Commissioner is indined to give all possible credence, short scu:?ti:ise a,e of regard in()' the last two letters as in the li()'ht of a "dyino· dej)Osition "-because acts of tlie - :::> :::> • ,., 'dead. even when the writer penned them, it is hardly likely that he bad determined on his death-this most important witness's testimony is out of reach; and the sworn word of the living must not l>e lightly r egarded only became it differs from the statements

of the dead. It is a painful and invidious duty that compels a scrutiny which may lead to condemnation of the acts of those whom the maxim " cle mo?'luis nil, nisi bonum," seems to shield; but it must be borne in mind that this reverend saying reads, "No word of the dead unles s that word be good." 'The maxim is not, "De

mortuis nil praeter bonwn." If the actions of the dead must be discussed, then we should say "De mortuis nil prcteter ve ntm."

54. Your Commissioner was very much disappointed wh en it appeared that the memory of )i[r. Robinson not to be represented, so that any point that might of strike an expert advocate should have the light thrown upon it which the scrutiny lRateb-!"dge t . . ff -'- 'l f b ,l l t h" h o tnson a of cross-exammatwn a ords to an ex L ent necessan y ar eyonu t 1at o w 1c an inqui1·:;.

impartial elucidator of truth-the position ably filled by Me. I1mes-can possibly extend his inquiry, or to which the tribunal itself can go, consis tently with propriety or the fair appearance o£ even-handed justice.

55. Next to the late Acting Ad ministrator, ::3{r . • J iear ''as the lJerson who Evidence of l . l bl ',l d h h . h' t f tl h" t fMr Jiearand cou d g1ve the most va ua e ev1ucnce, an e as g1ven IS accoun o l C I S .ory o written state· the matter throughout. Unhappily his testimony do es nut, in all respects, agree with ments

it

22

Findings of the Commissioner- Decision to Capture Natives.

it is consistent with them. Unfortunately, the nature of the circumstances is such that the respomibility for the order that gave rise to the whole trouble is so distributed that, so far as the proportion to be borne by either of these two gentle­ m en, the late Mr. Robinson and Mr. Jiear, is reduced, so much more is that which rests upon the other increased : upon each there pressed, or presses, the inducement

(tending, it may be quite unconsciously, to warp the truth) to exonerate himself hy inculpating thEJ other. Mr. Robinson's high character as an honorable man, which must have been, and no doubt was, one of the well-grounded reasons for his appoint­ ment as Chief Judicial Officer of the Possession, coupled with the manly way in which, in his almost dying defence, he takes upon himself the whole responsibility for the action which proved so disastrous, goes far to strengthen belief in what he vvrotc. On the other hand, Mr. Jiear's character and important magisterial position, . the extreme care ·with which he appeared to give his evidence, and the feeling of

chivalrous duty to the memory of the dead that every man must have who is fit to hold up his head among men, are all strong to sugges t that he would not, under the sanction of an oath, wilfully misrepresent facts. All recollection is fallible : and it is fair, on Mr. Jiear's behalf, to point out that the mind of a man in so desperate a mental and moral strait as that, within a few hours afterwards, the increasing pressure of fear or remorse could drive him t o suicide, would be likely to be in such a condition that warping of his recollection in the direction of self-excuse would not

l1o improbable. In so far as it has been necessary to contrast and discriminate botwnen the late Mr. Robinson's written statements and Mr. Jiear's evidence, these considerations, with whatever other tests suggested themselves, were carefully kept in view by Your Commissioner in attempting to arrive at the true history of the matter.

How decision 56. The question : "How came such a course to be adopted?"- the course of arresting the assumed actual murderer, lake, and, at the same time, a number of m·rived at- other natives, indiscriminately chosen-is, as broadly put, easily answered. 'l'his act

.. was admittedly clone by arrangement between the late Acting Administrator and

wP:re agr-eeclin Mr. Jiear. That the former had determined to arrest, if possible, the four ringleaders

th is. in the massacre of the missionary party, namely Jake, Ema, Mururoa, and Kaitere,

and to recover Mr. Tomkins' skull, and that he was intensely anxious to effect this end, or as much of his purpose as was possible, is beyond all question. 'l'hat, as means towards that end, he was insistent upon capturing hostages, if, as was almost certain to happen, he could not arrest the four men and also secure the skull without such capture, is also clear: his desire was also strong, but not quite so urgent, to

catch some young natives fit to train as village constables. The idea of capturing companions in adversity for lake, to save the credit of the administration in case lake died in prison, may have also been under discussion or in the Administrator's mind. There is no doubt that Mr. Jiear was in perfect agreement with him in all these projects.

Mannr?"in 57. But, as to the manner in ·which the arrests were to be carried out, there

was certainly a difference of cpinion. Mr. Robinson thought-and he gave various

made-the good reasons for thinking-that it ·would be verv much easier and more likely to be

immediately successful, and would probably bloodshed, if all the arrests were.

were no: . made on board the "Merrie England". Mr. Jiear, without questioning the grounds agreed m of initial expediency, contended that, while it was quite legitimate, and would be so

recognised by the natives, to arrest a known murderer in this way, especially after the warning given by Sir George Le Hunte, by whatever means the murderer's presence on the ship hacl been procured (Q. 291), yet the seizing of other natives,

who 1vould necessarily have come on board by invitation, would be in the nature of, Seiz_ing of . and would be regarded by the natives as, an act of treachery, and one that would so natwes mmted f h f h h . th d f . h d l' b'l't £ th B 't' h' on boa1·d ar shake t e trust o t e ot ers m e goo mt an re Ia 1 1 y o e n IS would be as seriously to hamper future relations. He does not appear to ha.ve feared, or looked on as · k b · · h h · t

treachery. suggested the fear of, a consequent attac r y natives on t e s lp; or, at any ra e,

to have anticipated any necessity for, or probability of, a murderous resistance b;y firearms against what he thought could only be so ineffective an onslaught. But, Mr.

23 89

Findings of Commissioner- Responsibility for Course Adopted.

Mr. Robinson does seem to have anticipated such a possibility, for he himself states R esistance by (Exhibit No. 6) that he cautioned Mr. Jiear that the natives mia-ht "shoot arrows·" not . . b ' antzczpated by and there 1s also the very suggestive fact that he ordered the N ordenfeldt gun, JJ£1·. Jiear. placed ·when in action on the after awning deck, to be got readv. 'rhough there 0 . d' t 'd tl' . t th' d l h b• • b rdertoget IR no 1rec ev1 ence on ns pom , 1s or er can on y ave een g1ven y the Nordenfetdt Acting Administrator, for Mr. Jiear does not seem to have been aware of it, gun ready. thinking the order was given after the fracas ( Qs. 2201-4). Again, that the Acting Administrator was not surprised a t t he events-the shooting with arrows L . J d and the fusillade-which follow ed the arrests, while Mr. Jiear eviJently was, is shown by the fact that the former havina- as it appears his own rifle r early at seerr:s.to have , " , ' 4 a ntzczpated hand, joined without question in the supposed defence of the ship, while the by latt er, as soon as he was able to extricate himself from his struggle with lake, natzves . expressed surprise and indignation, and at last only grudgingly admitted-certainly he seems to have gone no further-tha t the fi rin g was perhaps justifiable in self-defence. 'fhe conclusion to be drawn from such respective acts-and acts are often the best indicia of how the mind is ·working- is that Mr. Robinson did, while Mr . . Tiear did not, correctly foresee the disa strous consequences of the steps to which the former was a willing, the latter an unwilling, yet, withal, a consenting, party. 58. It follo·ws, shortly, as the answer t o the question, t hat the course adopted Coztrse r esulted from the anxiety of the A cting A dministrator to complete the punitive work which Sir George Le Hunte had begu n . This course, in which he was assist ed, by the late but without full assent, by Mr. Jiear, came to be adopted because Mr. Robinson, foreseeing as possible, but risking, t h e chance of a collision with the natives, over- of bore Mr. Jiear's scruples, which, while they were not strengthened by any such fear llir. J !ear. of collision, rested on broader grounds of abstract right, regard for .national honour, and ultimate expediency. 59. The next question is this :-"Was the course adopted a wise one, in the Course light of former experience" ? It seems superfluous to answer this with much more was than a simple n egative-the question answers itself. Sir George Le H unte had impliedly answered it, in anticipation, in his report . His administr ation ·was admittedly wise ; and his actions were consonant with a high code of honour. While; as he says, savages like the Goaribari n atives have not any such scruples t hemselves, they respect and rely upon the absence of anything bearing the aspect of t r eachery in would their h·eatment by the British authorities. To seize the opportunity e-iven by friendly Vle'IU suc h . v • course as dealing in order to make an arrest, even of an actual murderer, was repugnant to treache,·ous. him, and was, by his report, expressed to be so, and to be ruinous to the chance of making feiends of the natives: but to carry such action so much further as to entice on board the ship a number of natives, perhaps quite innocent of the former misdeeds of their compatriots, who were not necessarily fellow-tribesmen, and then to spring upon them and violently detain them , was such a grievous extension of what Sir George Le Hunte had spoken of as an act of treachery in thA eyes of the natives as to appear utterly inexcu sable and likely to destroy the p restige of the Government , upon which, as a sentiment, so much of its gradually-growing au thority rested. 60. And further, whereas Sir George had spok en of, and h ad deprecated the " 11£errie idea of, arrest, under conditions apparent friendship, on land, here the circum- faj ?j;;;'fe;to stances that the "Merrie England ' had been regarded all along as a sanctuary, and been r egarded that it ·\Y aS })l'Oposed to arrest men invited to trust to the protection of su ch san ctuary, aas at s nc.uary . made the case much stronger in favour of a strict abstention from an y breach of the confidence so invited and accepted. 61. It was true that Sir George had warned the natives that he meant to come Sir George again and to make the particular arrests, and to secure 1\:fr. 'fom kins' skull, an d that, L_e H untO: s h h 1 'b . . l l'f d ' tl . t t f h ' h t-treats oj t oug a 1eavy r etn utwn Ul 1u man r e, an 1n -1e 1ns rumen s o war, w lC are punishment most prized bv su ch pu o·n acious savaO'eS had been already exacted yet as Ion 0' as the do no t excuse " V n ' • ' ' course ringleaders r emained at large, an d Mr. Tomkins' skull was withheld , t he original adopted. crime, especially as against the villn ges of Dopima and Turotere, was to be deemed unexpiated.

A rre8t of the murderers on board "Merrie England" would have been treache1·ous.

24

Findings of t he Commissi oner-Good Faith in Treatment of Natives.

uncxpia ted . Rut this threat to no extent excuserl a relaxation of the wholesome rule that, in dealing with the natives, they were to be made to understand, in effect, that peace was peace, and war was war; that the sembl ance of peace ·was not to be made the opportunity for violence; and that, above all, what they reg:trd cd as the great war-ship of the British was to represent to them, without fail, t hat pax B ritannica, under which, ceasing from intertribal strife, they vvere invite d to take refuge. It was clear that this, in substance, was the view t aken by Sir George Le Hunte. 'l'o Your CommissionCJ' such open, and eas ily intelligible, treatment appears to be essential, to secure from a primitive people confidence an d respect for the allegedly beneficent authority of a great, overpo\vering, vaguely-understood neighbour. Your Commissioner, therefore, feels compelled to say that in his opinioa the course pursued was not a wise one.

()2. W hether it would have been legitimate to arrest one or more of the ringleaders in the massacre in the man ner in which lake was seized, after inviting him on board under the pretence of trading, is a different question. In Mr. Jiear's opinion this would not have been objectionable; for the recognition by the natives of the actual and accepted guilt of the man to be seized, w1o must be taken to be aware, having been previously warned to tbat effect, that he was liable to arrest in all places and at all times , would, he thought, to their minds, justify the means adopted to secure possession of him. Your Commissioner is fully alive to the fact that his o;vn absolute peesonal ignorance of the New Guinea natives, and their modes of thought, compared with lVIr. Jiear's extensive experience among' these people, gives to the latter's opinion almost incomparably greater weight. Still, Your

Commissioner cannot bring himself to agree with the conclusion arrived at by Mr. Jiear. r:rhe di stinction between the arrest by treacherous m eans of a crowd of men regarded as innocent, and of even one (the same argument would apply to four, if they had all been on board together) deemed to be guilty of murder and cannibalism, seems to be a differe n ce of degree only. 'l'he same breach of confidence, and the same disregard of sanctuary, would appear in each case, only differing in extent and in justification fo unded on preceding events. Any analogy between the duty of a constable, in relation to a criminal, and thn.t of a high Government authority in dealing with an offending membee of a practically alien, though subject, race would be a false one, and would probably never entee into t he mind of a savage. ·

63 . To secure t he respect of the savage, perhaps not always "simple," but certainly far from casuistical, it may be quite as necessary fo r the maker of a threat of punishment t.o scrupulously keep his word as it is when he holds out assurance of reward ; but surely still more binding, in order to gain full confidence, would be

?•ecessary to a promise of personal safety, whether express, or implied from an invitation to enter,

for the purpose of f riendly trading, a place theretofore regarded as secure from

violence; notwithstanding any threats that. might formerly have been made of vengeance foe an offence alrea dy to a great extent-albeit vicariously-atoned for. Wkole course of action deprecated.

R esponsibilit.IJ for course of action adopted.

64. Your Commissioner, therefore, goes further than Mr. J iear appears to have gone in deprecation of the whol0 plan of action in its moral, as well as in its intellectual, aspect. It s2ems quite at variance with Sir George L e Hunte's principles and m ethods, standing out clearly as they do, and then did, as a precedent

and example.

65. -who was responsible for this action ? l'he responsibility is evidently divided between the late Acting Administrator and Mr. J iear-but in what propor­ tions? I n his last reports-or letters -when public censure seemed to have attached to the actors, and the occurrence \Yas taking the aspec t of an unwarranted massacre, M r. Robinson freely and generously took upon himself the whole r esponsibility. for whatever fo lly or want of foresight was involved. He justifie d the shooting which led to the death and wounding of the natives as an act of necessary self­ defence. It was so, no doubt, in its inception, t hough not in its extent,-but to meet a wrongly created emergency. Yet, to judge from his reports, Mr. l'tobin son seems not to have fully grasped " ·hat now appears to have been his former error of

Ill

25 91

Findings of Commissioner- Responsibility for Course Adopted.

in insisting upon the coup which induced the skirmish-an error which concerned the moral aspect of the act, and its probable effect upon the minds of the natives. He rather dwelt upon the folly of failin g to foresee that such a deed of violence would lead to retaliation on their part, and so t o bloodshed. It appears, however, tllat upon the former question wel'e founded the arguments used, in deprecation of

such a course, by Mr. Jiear; not upon tho risk of collision, which, on the other hand, Mr. Robinson evidently anticipated. It was pointed out to him that one serious evil might follow; h e foresaw himself t he chance of another : he appears to have ignored the former and risked the latter. Both evils may be taken to have actually ensued, certainly the immediate physical evil which has led to this inquiry.

In measuring his moral responsibility for that consequence, it is fair to consider as honestly entertained by him the view which be puts forward when he compares what did happen-and what, as Mr. Jiear did not anticipate it, Mr. Robinson probably looked upon as a consequence, though possible, not likely to follow-with

what. he thought would have happened if he had attempted to carry out the arrests, and to search for the skull, on shore. That course, favoured by Mr. Jiear, Mr. Robinson thought would almost certainly load to bloodshed, and probably to the death or injury oE women and children. 'l'he necessity for so me substantial measure T!telateJ,tdge

of success in his expedition seems to have possessed him to an extent that impelled sdeetms t? "aa't'e • e o hlln, almost at all hazards, to adopt some plan that was not likely to fail: the over- in whelming urgency foe action, essential, as h e believed, in the p ublic interest, to be arredsttng t '-.J \..J " · 1n1tr erers a taken before it was too late, overrode considerations that might otherwise have held all ha .. wd• . him back. 66. Mr. Jiear, on the other hand, took the view that the course adopted was Course likely to lead to more r emote, but very serious, evils, involving, in fact, a disgrace to the flag. Your Qommissioner accepts Mr. J-iear's view, but goes even further. serious evils. It is curious that h e, far more experienced in the ways of the natives, 'should have failed to foresee, vvhat his less -expel'ienced superior did correctly anticipate, the consequence in immediate bloodshed th::tt actually followed. 67. From t h e first - some six: 1\'ccks before- J'\1r. Jiear appears to have Mr. J iea1·' s attempted, arguing from his own point of view, to dissuade Mr. Robinson from ;:;;;;;J: J%(' making tbe arrests on board the "Merrie England." On the Saturday night before late Judge . the affray, he again urged his view; but, failing to convince his superior that the whole project, so far as any but the actual murderers were concerned, was determined inadvisable, he even suggested that, at leas t, bartering should be suspended, to remove,

26

Findings of Commissioner-Natives shot by Judge Robinson.

in his letter of June 19, implies that Mr. Jiear, in helping to arrest Iake, arid so putting it out of his own power to do his duty as lieutenant, was acting wrongly, or at least unwisely. Knowing the great importance of securing lake, and the extraordinarily slippery nature of these blacks, who substitute grease for clothing, Mr. Jiear, who did not anticipate any collision with the natives on the water, took, by joining in the work of capture; what would probably have been the best course, but for an accident which he did not foresee; for he did see that, otherwise, this principal murderer and ringleader in the whole tragedy would be almost sure to escape. He had sent a man to look for Ema t hat morning; but without success. Having risked his own life the day before in Ema's canoe, and having waited patiently, but in vain, for an opportunity of capturing both Iake and Ema together, he had now concluded that the best chance of making at least one important capture was to seize Iake at once, and he had so advised the Acting Administrator; who had wished to wait, with the hope of also securing Ema. If, after being seized, I ake had escaped, the idea of arresting the ringleaders on the " Merrie England" ·would have had to be abandoned.

The . 69. vVith regard to this question of moral responsibility, and in the light

of the evidence which describes the conduct of the Acting Administrator-this

on is a painful element in the case-it is impossible to avoid comment on what has been

already alluded to as t he unnecessary prolongation of t he firin g at retreating and

escaping natives. The evidence is too strong to leave any reasonable doubt that the commander, who seems even t o have viewed Mr. Jiear's personal assistance in lake's arrest as, in a sense, unseemly, not only joined in fi ring on the natives at. the moment when their sudden use of their, under such circumstances, comparatively innocuous

weapons suggested the need for a sh ow of self-defence, but continued to shoot when such necessity as had appeared was quite at an end. The evide:J;lCe of the carpenter, James Muir ( Q. 1158 et seq.) is too clear to admit of any question, that some natives, apparently three, fell as the result of an unfortunately too well-aimed shot fired by Natives sltot the Acting Administrator, when the men were attempting to escape. All three may

not have been actually hit: if they were, one bullet must have passed through the

bodies of all. 'l'hey were descl'ibed as in a receding line, the canoe being a narrow craft, and the men standing up. 'l'he incident, if t ruly narrated, desci'ibed by the same witness, of the threatened action of the Acting Administrator, "\vho seemed on the point of using as a club the stock of his rifle on the head of a refractory native­ the fact, spoken to by Mr. Jiear, that he co ntinued to fire even when the natives had reached the shore-indeed, tho whole of this unhappy history goes to show that

Late Judge appear• to have lo st selj.cont1·ol.

the Acting Administrator, whose humanity and discretion had, no doubt, coupled with his energy and ability, been the principal reasons for his judicial appointment and further temporary IJromotion, had, on this occasion of sudden excitement, lost

that rigid self-control which is expected of one in command.

Conversations 70. As an element in considering the actual and comiJarative responsibility

of Mr. Robinson and Mr. Jiear, it is of some interest to consider what took place

Jiea1·just between these gentlemen just before the arrest of lake. Unfortunately, their

the recollection differs on this point. Mr. Robinson's written statement, in his letter of

June 18, is to the effect that, on Mr. Jiear's informing him that lake and some other natives were on board, and that it was a good opportunity to seize him without waiting- for Ema, whom they had hoped to arrest at the same time, he gave the authority to do so, and advised Mr. Jiear to secure six or seven of the others ; and that Mr. Jiear said, "I understand that I am in charge of t his matter," Mr. Robinson answering, "Yes, I leave the whole arrangements in your bands," and adding, as :Mr.

Jiear was leaving, "You know there are a goo d many natives around us, and they rnay shoot arrows." Then Mr. Robinson goes on, in contradiction of a statement made by Mr. Jiear in Sydney, and forwarded to Mr. Robinson in New Guinea, to say, " lt is not a fact that I undertook to supervise t he capture of anyone I wished, while Mr. Jiear concentrated his attention upon the two murderers" (E x . No. 6). Mr. Jiear, on the other band, gives, in answer to Q's. 289 and 290, an account which, if it can be reconcil ed, in a way, with Mr. Robinson's statement, at any rate

puts

27

Findings of Commissioner-Mr. Jiear exonerated.

puts a very different complexion on the matter. To make the accounts, in a sense; consistent, it must be supposed that a very material omission was made by Mr. Robinson i;n failing to say anything about the important conversation narrated by Mr. Jiear in his answers to the questions just mentioned, and that Mr. Jiear has inadvertently

bmitted to speak of, or has forgotten, a conversation which occurred immediately before the arrests-apparently inconsistent with the account he gives in answer to Q. 139. One account conveys the impression of a full and unquestioning assent by Mr. Jiear to the whole proposal; the other involves a continuation of the protest

which he bad been making from the first. As to the fact of his so protesting, he is . Corroborated by Mr. Bruce ( Q.1981 etseq.); and certainly, in so far as the responsibility for the general course of action goes, it seems to be beyond question that it rests on

93

the Acting Administrator; even though it be the fact that Mr. Jiear neglected, or R e.sponsibitity,_ was unable to give effect to, a .caution received by him just at the last moment; to for gen?t · do an act which would, if it had been done in time, have secured the co-operation of on Mr. Bruce and of Captain Harvey and the other offteers of the ship, as well as a proper disposal of the native police and the crew; instead of things being left to

drift as they did, through a practical concealment of the proposed tactics from the officers, Messrs. Bruce and Harvey, who ought to have had special instructions and C?fficers not explanations. It was evidently too late to do anything effectively at that last;;;;;:; of moment, when lake had to be pounced upon at once or lost. It seems quite clear p1·oceedings.

that it was for tbe Acting AdminiRtrator to give the general orders that might have ensured all absence of confusion; and it appears reasonable to infer that it was just that unfortunate refusal of the Acting Administrator to listen to the better counsel caution of of his subordinate magistrate, and his determination to keep matters in his own hands, save only .so far as h e could utilise Mr. Jiear's local knowledge and experience, in co1r.municating with and handling the natives, that almost ensured a

disastrous issue of his project. The negative order was given by him to Mr. Bruce Inspection of not to inspect the arms of the police on the Sunday morning, because "falling the force in" might frighten the natives away ( Q. 387); but yet, though the police mane · . themselves had the order to arrest conveyed to them at the moment, neither their

commandant nor the captain of the ship had ever had any formal instructions as to how to act, or in what vvay to hold themselves in readiness to act, on a given signal, when the cozvp was to be made. The haphazard nature of the proceedings seems more and more unaccountable the more they are considered.

71. In the result, Your Commissioner finds that Mr. Jiear's share of the Mr. Jiear blame is a vanishing quantity, and that he stands practically exonerated. The exone?·ated. inference, painful as it is, is obvious. If the Acting Administrator had been able to give his own account, he might have shown on the inquiry something more than

now appears: he might have thrown some n·ew light upon his action. As it is, the fault, as he puts it himself, must rest with him; but it is one rather of over- lies

1 d t f , d t tl f tl , h, t , . 'lf l the- la16 zea an wan . o JU gmen 1an o any nng approac mg o consciOus or vYI u hdge. departure from the absolutely straight path befitting the high offices which he held. With every wish to avoid attaching any stigma to his name, Your Com­ missioner would only point out how this unhappy case emphasizes the extreme

danger of acting upon the adage that "The end justifies the means," if the means in themselves be wrong.

72. In expressing this final opinion, however, Your Commissioner feels it to No for be his duty to guard against being understood to refer to anything beyond the action which led to the collision. For the use, by the Acting Administrator, beyond were in flight. all justifying necessity, of the deadly weapon which was ready to his hand, Your

Commissioner can suggest no excuse; unless, in charity, it may fairly be ascribed to that temporary loss of self-controlling reason to which strong excitement too often leads, and by which the finding on the inquest in this melancholy ease explains its closing tragedy. Your Commissioner sincerely hopes, and, under the wise and

humane, though vigorous, administration which was initiated by former local Governors, and will no doubt be continued by the present occupant of the office, he believes, that the now happily fading traditions of Northern Queensland, of the time when

28

Recommendations- Appointment of Chief Judicial Officer.

when native blacks were treated almost as noxiou s game, will never be revived in New Guinea; and he sincerely prays t hat the painfully suggestive removal by the Goaribari natives of their women and children to places of safety on the nearly inaccessible mainland, at the sight of the white man's ship, may not be an omen of the rapid degradation and disappearance of their race through the white man's alluring poison and his foul disease, introduced under the guise of so-called civilisation.

VIII. Recommendations.

ChiefJudiciaZ 73. In considering what, if any, recommendation he might venture to

Office.· slwuld k · tl 1' 1 t f t l f t 1 · 1 h' . . d h ' 1 be a man of rna -e, ln le tg l 0 le ac S W llC l appear on t IS Inqmry an W lC 1 may ripe age and be taken as a warning, to avoid future trouble, Your Commissioner feels that ezperience. the suggestion is almost unnecessary, bein g quito obvious that, in . making a

E xecutive Council.

selection for the very responsible post of Chief Judicial Officer of the Possession, it would be well to choose a man who, vvhile still physically capable of enduring the peculiar risks of an equatorial climate, is of such ripe age and experience as to be unlikely to be led away by excess of zeal or ambition, or to yield to sudden

excitement. Naturally, while the office itself demands the exercise of mature reflection and steady self-control, far removed as it stands from the repressing influences of tangibly powerful public opinion, its holder may, as in the case of the late occupant, find himself suddenly in full charge of the whole administration. No doubt the future constitution will be somewhat similar in this respect to the present arrangement : and the position of Governor of such a state, or whatever it may be styled, calling occasionally for the sudden exercise of almost autocratic power, demands personal qualities and ripe experience quite out of proportion to the numbers of the present very small :European population.

74. The second reflection upon the history of this case which Your Com­ missioner feels impelled to make is this :-The P ossession is now, and will be, of course, in ihe immediate future, under the direction of an Executive Council, consisting of a few experienced ·members, to assist the Governor in all fairly important matters in which it is practicable for him to consult them. The Council cannot, nor can a quorum of them, probably, accompany the Governor in his trips by sea; and it would not be convenient or appropriate for him to consult them on the many details of his important work carried out on these short voyages. But when it appeai·s, before the voyage begins, that some important step has to be taken in the course of it, and that there may be dirferent opinions as to how it should be managed, especially if some principle is involved that may be of vital interest, then- and muclt more so in the case of an Acting Administrator-it would seem proper thDJ., before starting, tbe Governor should allow the matter to be discussed by Mattemvl•ich his Council. In the case of Sir George Le Hunte's first Goaribari expedition, after the news of the massacre arrived, imr:r{ediate action was so evidently demanded that

Executive it may have been thought that discussion was unnecessary, even if practicable; and Counc'il, all the details were so vague, the fuhue was so uncertain, as to make it absolutely necessary that the Commander should have a perfectly free hand. The second

expedition was merely a completion of the first. But, in the case of the expedition under the late Acting Administrator, the circumstances were quite different. Sir George Le Hunte had intended, and had expressed his intention, to do, at a certain time, a certain very important thing, of the whole conditions of which he had an intimate personal knowledge. He was unable to carry out his purpose. A year had elapsed since the intended time for action had passed. Before starting on his totlr in the "Merrie England," Sir George's temporary successor had to make up his mind whether or not to undertake the mission. 'rhis was itself an

important question, as to which he might well have consulted his Council. Then,

l1,ave consulted the manner of the arrests, and how the skull was to be procured, were serious

matters to consider. Bloodshed, on one side or the other, or on both, was not

cou,.se to be unlikely to ensue. Especially because of his limited knowledge of the country, and

adopted. his temporary tenure of office, would it have been appropriate for the Acting

Administrator to seek the advice of older and more experienced Counsellors, instead of

29 95

Conclusion-Rev. C. Abel, Sir Geo. Le Hunte, and Mr. Atlee Hunt,

of merely consulting Mr. Jiear, and then declining to accept his reiterated optmon. Tnfut!we, . His action in thus first ignoring .and then differing from the more counsel that would probably have avoided the catastrophe helps to show ]us somewhat coll'!sicn uith high-banded manner and too self-confident nature, ,and is in accordance with the

history given by Mr. Jiear of the peculiar proceedings on the Fly River ( Qs. 2053 Exewt::ve et seq., et seq.); and so, being evidence ra,ther of folly than of ill-will, it bears Counot. out the conclusion, to use the old expression, that his mistake was more of the head than of the heart. But what is specially material here is to consider whether it

might not well be an instruction to every Governor of the Possession to treat as important, and therefore requiring, if practicable, consultation with the Executive Council, every matter which may directly or indirectly lead to a collision with the natives, or even to a serious difference of opinion.

IX. Conclusion.

75. Before closing this report it is necessary to allude shortly to the absence Rev. c. Abel of the Rev. C. Abel, of Samarai, N cw Guinea, a possible witness who has no personal and hi •. k l d f th l · t f 1 · · · · l h l t f . t f conn ectwn now e ge o e su )jec -m atter o t us mqmry, havmg on y earo repor s o I rom 1.cith the others, but who has related a conversation which be declares he had with the late I nquiry.

Acting Administrator, which, if it be correetly reported by Mr. Abel, would render it likely that in carrying out his Goaribari scheme Mr. Robinson might be disposed to exercise less caution than Sir George Le Hunte would have shown. Mr. Robinson's recollection of the conversation is different from Mr. Abel's; in fact hA does not

recollect that the particular part of that conversation which referred to Sir George Le Hunte ever took place. The words stated by Mr. Abel to have been used by Mr. Robinson are as follow:-" He considered Sir George Le Hunte's policy with regard to Goaribari had been weak, and that, as soon as an opportunity

occurred, he intended to rectify this by giving the tribe a lesson they would not soon forget." Mr. Robinson's denial will be found in Exhibit No. 7 of the evidence. The other matters to which Mr. Robinson alludes are quite beside the question. It is only right, in Your Commissioner's opinion, that this statement made by Mr.

Abel should be published here, not as any evidence that Mr. Robinson actually used the words, but to explain the contradiction, which could not, in fairness to Mr. Robinson's memory, be excluded. Even assuming for the sake of argument that the words were used, then the case would hardly be carried any further: for they would

only show that, before leaving Port Moresby on the expedition that had so tragic an ending, Mr. Robinson had openly expressed an intention to adopt methods such as, in their complete departure from the precedent set by Sir George Le Hunte, the sequel shows that he did adopt. The whole history of Mr. Abel's connection with

the case will he found fully and clearly narrated by Mr. Atlee Hunt in his evidence, and in the Appendix (Qs. 2079-2105, Exhibit 11). 76. Your Commissioner may be allowed to refer, with grateful acknowledge- ments, to the very courteous offer made to him, through Mr. Atlee Hunt, Secretary by

to the Department of External Affairs of the Commomvealth of Australia, by His (illeorae Excellency Sir George Le Hunte, now Governor of the State of South Australia, of e unte. any assistance in the way of information or evidence, which His Excellency might be requested to render in furtherance of this Commission. In view, however, of the full reports made by His Excellency when Administrator of the Possession of New

Guinea, and the valuable information contained therein, Your Commissioner has not found it necessary to take advantage of this offer. 77. Binally, Your Commissioner, having now performed to the best of his b 'l' l t ] t t d 1 . b ' T E 11 d . 1 t h • a s,ststance of a I 1ty t 1e as c en rus e to nm y xce ency, esll'es a so o express IS J.b·. Allee

recognition of the valuable assistance received by him from, and the courtesy Hunt. accorded to !Jim by, Mr. Atlec Hunt; of the able and conscientious co-operatio!l in seeking to discover the truth, in every bearing of the matter, of Mr. G. Long Innes, s_ervtces of . d f l l d b'l"t d' 1 d b tl l . l S ecr etn ry and and of Mr. Robison; an o t 1e zea , energy, an a I 1 y, Isp aye y 1e c enca ,•ta.fJ. staff employed on the inquiry; and especially by Mr. John Garlick, '\vho has acted

as Secretary, and whose services have to a very great extent lightened Your Commis­ sioner's labours throughout the inquiry, and have been of very great value to him in preparing this Report. 78.

to

evidence, ·

30

Conclusion.--Sir Geo. Le Hunte and Mr. Atlee Hunt.

78. At first it was Your Commissioner's intention to insert in this Report references to the paragraph numbers of the evidence as to each incident or circumstance touched upon; but, as the work progressed, it became evident that, the references being so numerous, even the mere recitation of the question numbers . would seriously break the continuity of the report. These references have therefore

been put in the form of an index and placed with the appendices.

I have the honor to be,

Your Excellency's most obedient Servant,

(Sd.) C. E. R. MURRAY,

Commissioner.

September 7, 1904.

(Sd.) J. GARLICK,

Secretary.

September 7, 1904.

31

ROYAL COMMISSION ON THE AFFRAY AT GOARIBARI ISLAND, BRITISH NEW GUINEA, ON MARCH 6th, 1904.

MINUTES OF :NIEETINGS.

MONDAY, J-uLY 25, 1904, 11 A.M.

VISIT TO "MERRIE E NG LAND. "

l. The Commissioner, acco mpanied by Mr. Atlee Hunt, Secretary for Extern[\,1 Affairs, and Mr. J. Ga l'li ck, Secretary to t he Commission, visited the British New Guinea Government yacht "Merrie England," at her moorings in Neut ral Bay, P ort J ackson. They were shown over the vessel by the offi cers, who also drew att ention to such points as it would be necessary to bear in mind when hearing the evidence of the various witnesses concerning the a ffray at Goaribari I sland, on the 6th of March last.

Read and confirmed,

J. (Sd.) Q. E. R. MURRAY.

· July 25th, 1904.

Fmsl' DAY-TUESDAY, JuLY 26, 1Q04, 10 1\..M. Commonwealth Offices, Sydney.

PRESENT:-

HIS HoNoR JuDGE MuRRAY (Sole Commissioner). Mr. G. Long instructed by Mr. R obison, of the New South Wales CrO\vn

Solicitor's Office, appeared on behalf of the Commonwealth Go vernment. Mr. Atlee Hunt, Secretary, Department of External Affairs. Mr. ;T. Garlick, Secretary to the Commission.

READ.

2. Mr. GarlicK read the Commission, dated the 25th of July, 1904, signed by His Excellency the Governor-General, Lord Northcote, by which His Honor Judge Murray was appointed a Royal Commissioner for the purpose of holding this inquiry.

APPEAR ANCES,

3. Mr. Innes announced that he appeared to rep resent the Commonwealth Government: he stated that his instructions were that he was not to act as either an advocate or prosecutor, but simply to assist to lay the evidence clearly and concisely before the Commissioner, with a view to elicit the truth. 4. His Honor asked if there were any other appearances : there was no response. His Honor

stated that he understood that permission had been granted to the representatives of the late Judge Robinson to appear by counsel at the Commission ; and he regretted that they had not seen fit to avail themselves of the privilege.

OPENING ADDRE SS.

5. Mr. Innes then gave a short account of t he circumstance3 which had led to the appointment of the Commission ; and handed in a number of documents, which were marked as Exhibits. (Vide Minutes of Evidence. )

"WITNESSES EX AMINED.

6. The following witnesses were t hen examined :-Mr. A. H. Jieat·, R esiden t Magistrate of the ·w estern Division of N ew Guinea,

stationed at Daru.

7. At 1 p.m. the Commission adjourned. tl. At 2 p.m. the Commission was res um ed

9,

97

32

9. The following witnesses were then examined :-Mr. A. H . Jiear, Resident Magistrate of the ·western Division of British New Guinea, stationed at Daru. (Examination concluded.) Mr. vV. C. Bruce, Commandant of the Armed Native Constabulary and Assistant Magistrate,

British New Guinea. Mr. Arthur J ewell, Acting Private Secretary to th ;) Acting Administrator of British New Guinea.

10. At 4 p.m. the Commission adjourned until 10 a.m. next day.

R ead and confirmed, (Sd.) C. K R MU RRA. Y, Commissioner,

J. GARLICK, Secretary, August 23 rd, 1904.

July 26th, 1904.

SEcoND D _-\.Y-vVEDNESDAY, J uLY '2 7, 1904, 10 A .M .

Commonwealth Offices, Sydney.

PRESENT:-

Hrs HoNOR J uDGE MuRRAY (Sole Commissioner). Mr. G. L ong Innes, Barrister-at-Law, instructed by Mr. Robison, of the N ew South vVales Crown Solicitor's Office, appt>ared on behalf of the Commonwealth Government. Mr. Atlee Hunt, Secretary, Department of External Affairs. Mr. J . Garlick, Secretary to the Commission.

ll. The following witnesses were examined :-Mr. R H . H arvey, captain of the British New Guinea Government steam yacht " Merrie England. " Mr. E. Rothwell, chief officer, "Merrie England." 1\'lr. E. S. McDermid, second oflicer, "Merrie Engl

Mr. A. ·watson, chief engineer, "Merrie England." Mr. C. Tyser, second engineer, "Merrie England. " Thos. Griffin, chief steward, " Merrie England." ' V. F. Johnson, second steward, "1\1errie England."

James Muir, carpenter, " Merrie England." 12. At 12·45 p.m. the Commission adjourned. 13. At 2 p.m. the Commission was resumed; but, the witness es summoned not being in attendance, after waiting until 2·45 p.m. His Honor adjourned the sitting until 10 a.m. next day.

Read and confirm ed, (Sd.) C. E. R. MURRAY, Commissioner,

J . GARLICI{, Secretary, August 23rd, l !JO-t

July 27th, 19 0±.

'l'HIRD DAY- THURSDAY, JULY 28, 190J., 10 A.M.

Commonwealth Offices, Sydney.

PRESEN1 :-

Hrs H oNoR J uDGE MuRRAY (Sole Commissioner). Mr. G. Long Innes, Barrister-at-Law, instructed by Mr. Robison, of the New South ' Vales Ct·o,m Solicitor's Office, appeared on behalf of the Commonwealth Government. Mr. Atlee Hunt, Secretary, Department of External Affairs.

2\'Ir. J. Garlick, Secretary to the Commission.

VvrTNESSES

14. The following witnesses were examined:-D. James, able seaman, "Merrie England." J. Inman, able seaman, "Merrie England." J. Hine, fireman and launchman, "Merrie England."

M. Adamson, fireman, "Merrie England." V. Burrows, lamp -trimmer, "Merrie England." Mr. A. J ewell, acting private secretary to the Acting Administrator o£ British New Guinea (further examined). • . .

Mr. vV. C. Bruce, Commandant, Armed Native Constabulary and Asststant Magtstrate, British N ew Gu inea (further examined). . . . . . .

Mr. A. H . Jiear, R esident Magistrate o£ the Western DivistOn of Bnt1sh N ew Gumea (further t>xamined).

lG .

33

,

.... D. At 1 p.m. the Commission was n,djourned. 16. At 2 p.m. the Commission was resumed. 17. The following witnesses were examined :-Mr. A, H. Jiear, R esident Magistrate of the Western Division of British New Guinea

(further examination continued). 1\'h. W. C. Bruce, Commandant, Armed Native Constabulary, and Assistant Magistrate, British New Guinea (further examined). Mr. A . A. Hunt, Secretary, Department of E xternal Affairs. 18 At 2·55 p.m. the Commission was adjourned.

Read and confirmed, (Sd.) C. E. R. MURRAY, Commissioner,

J. GARLICK, Secretary, July 28th, 1904.

August 23rd, 1904.

FouRTH DAY-FRIDAY, JuLY 29, 1904, 10 A.M.

VISIT TO ":MERRIE ENG-LAND ."

19. His Honor the Commissioner, accompanied by Mr. Garlick (Secretary), and Mr. G. Long Innes, visited the "Merrie England" at her moorings in Neutral Bay, Port Jackson, and inspected the vessel, in order to thoroughly understand the evidence taken during the inquiry.

FOURTH DAY-FRIDAY, JULY 29, 1904, 2 P.lL

Commonwealth Office s, Sydney.

PRESENT:-

His HoNoR JuDGE MuRRAY (Sole Commissioner). Mr. G. Long Innes, Barrister-at-Law, instructed by Mr. Robison, of the New South Wales Crown Solicitor's Office, appeared on behalf of the Commonwealth Government. Mr. Atlee Hunt, Secretary, Department of External Affairs. Mr. J . Garlick, Secretary to the Commission.

vV JTNESSES ExAMINED.

20. The following witnesses were examined :-Mr. A. A. Hunt, Secretary, Department of External .Affairs (further examined) . Mr. _<\. . H. Jiear, Resident Magistrate of the Western Division of British New Guinea (further examined).

[At 3·45 p.m. the Commission was adjourned sine die.]

Read and confirmed,

J. GARI.ICK, Secretary, C. E. R. MURRAY, Commissioner.

July 2D, l!J04. August 23, 1!)04.

99

35

INDEX TO WITNESSES.

Name. Position.

Adamson, Magnus . . . . . . . . . . . . . . . . . . Fireman, "Merrie England " ... .. . .. .. .. .. ........................... ..... .

Bruce, ·william Cunningham ...... Commandant, Armed Native Constabulary, and Assistant Magis-trate, British New Guinea. Burrows, Vincent ...... .. ............. Lamp-trimmer, "Merrie England" ...................................... .

Griffin, Thomas.............. .. .... ... Chief Steward.

Harvey, Robert Henry ..... , .. .... Captain,

Paragraphs.

1804- 1891

352-498, 1981-1992, 2062- 2072 1892- 1972

978-1032

627-734

Hine,John ........................ ...... FiremanandLaunchman, ............... ... ............... ...... 1592-1803

Hunt, Atlee Arthur ................. Secretary, Department of External Affairs .............................. 2077-2169

Inman, James

James, David

Able seaman, "Merrie England"

"

l3i6- 1591

1232-1375

Jewell, Arthur ...... .. ,....... .... .. Acting Private Secretary to the Acting Administrator... ...... ...... 499:...626, 1973-1980

,Jiear, Army Henry ....... .... .. .. Resident l\fagistrate, Western Division, British New Guinea ... ...

Johnson, Frederick William ...... Second Steward, "Merrie England " ......... ............................ ..

McDermid, Edward Scott .. .. .. ... Second Officer,

Muir, James ........................... Carpenter,

Rothwell, Edwin..................... Chief Offi cer,

Tyser, Charles ... .... .. .. ... .. . .... . .. Second Engineer,

·watson, Alexander .................. Chief Engineer,

"

51- 351, 1993-2061, 2171 -2254 1033-1100

800-874

1101-1224

735-799

933-977

875-932

101

103

COMMONWEALTH OF AUSTRALIA.

ROYAL COMMISSION OF INQUIRY RESPECTING THE AFFRAY AT GOARIBARI ISLAND, BRITISH NEW GUINEA.

OF EVIDENCE.

MoRXING SrTTrNa-FmsT DAY.

T UESDA Y, 26 JULY, 1904, 10 A.u. [The Commission met at the Commonwealt h Offices, Sydney.]

:t6t.es-.ettt:

C. E. R. MURR,AY, Esq., D.C.J. (Commissioner). MR. G. LONG I NNES, Barrist er-at-L a w, instructed by Mr. Robiso n, of the N .S.vV. Crown Solicitor's Office, appeared on behalf of the Commonweal t h Government. MR. ATLEE HUNT, Secretary, Department of E xternal Affairs.

MR. J . GARLICK, Secretar y to the Commission.

Jlfr. II. L . Ellis took slwrtlwnd notes of the evidence cmd p1·oceedings.

Jb-. Ga1·lick recul the Commissi on , dated 25th July, 190'1, si,qnecl by H is E xcellenc y the Governm·-General, L 01·d J.VoTth cote, by which H i s Honor J udge il!u ?'Ta y was

appointed a Royal Commissioner j o1· the purpose of holding this inquiry.

1. HIS HONOR : I under stand, Mr. Innes, that you appear, instructed by the Governmen t of t he Common­ wealth 1 2. l\in. I NNES : Y es. I am instructed to state, with

reference to my position, t hat I in no way appear as a

prosecutor, or as an advocate, or ot her t han to lay the e vidEmce before you, in as clear and concise a way as possible. 3. HIS HONOR: Simply to try t o discover wha t the

truth of the matter really is. I understand t here is no

one else h ere. I was in hopes, after the very melancholy event which has happened quite recently- the death of Judge Robinson- t hat someone would be here to represent him; but I am informed that, this morning, a telegram

has b een received, clearly indicating that his memory will n ot be represented: his representatives do not wish to be represented. U nder those circumstances I need not ask whether anyone else is here to represent any other interest,

because I can cl early see t hat no one else is here. -!. H owever, I would ask the Press to b e so good as to notify to the public that, if anyone wish es to be repre­ :sented, anyone who, for any reason , t hinks it fair t hat he

should be represented, or t hat h e shou ld appear to

r epresen t his own interest, on thi s inquiry, t he Co m­ mi ssion will listen to such application, and \dll be only t oo glad to grant any requ est of t hat k ind. As t he case at presen t stands, .M r. Innes, I wi ll ask you to call

wh atever wit n esses you think ftt, i 1 1 whatcYer order you t hink ftt. 5. MR. I N E S : I intend, before 1 call any "·itnesses, in ord er t hat you may fully appreciate the evidence as

t hl'ly give it, to give a shor t account of t he eYents which 4247 8 - F

led up to this inquiry. I shall place reliance, in g1vmg a history of the occurrences, on the official reports of Sir George L e Hunte, then Mr. Le Hunte. I think it would be better to put t hese in first of all. These are official' made by Sir George Le Hunte after his punitive

expedit ions. I shall first of all give a short history of the massacre of Dr. Chalmers and his pa rty, which led up to t he expeditions by Mr. Le Hunte ; then an account of the two punitive expeditions by Mr. Le Hunte ; and then finish by giving Mr. Robinson's account of his last

expedition. I think I had better put in first of all the

Gazette notice of Mr. Robinson's appointmen t as Chief Judicial Officer and Ch ief Magist rat e. This is dated 23rd May, 1903. 6. (A B 1·itish New Guinea Gove1•nment Gazette, No. 4, '

dated t!te 281·d M a.7f, 1903 , co ntaini ng t!te notification qf tlte appoint me nt of Clwistopltel' Stansfeld Robinson , Esq., to be Chief Judicicd OjficeT and Cltief Magistrate of t!te . P ossession, 1vas put in and marked E x lti bit No. l.}

7. MR. I N NES: I will n ext put in a proclamation in the Gove1·nment Ga zette containing the appointment of Mr. Robinso n by Sir George Le Hunte as Acting

This is dated 9th June, 1903.

8. (A Britis!t N ew Guinea Go vernment Gazette, No 5, dated t!te 'J tlt of J une, 1903, co ntainin,q tlte no tificatio n qf tlte appoint­ ment of Stansfeld R ohin.wn, E sq ., C!tief Judicial

Officer ond C!tiif JJiagis t rate of t!t e P ossessio n, to be also · lJeputy and Acting-Administ1·ator, pendin.r; tlte arrival and assumption of qffice of any othe1· pmwon wlw m.iglLt be d1tl;y ap pointed, was put in and mw·ked E a·ltibit No 2. )

9. l\ [n. I NNES : A nd as I shall wish to use these,

your H onor, I t hink it will be more convenient to put t hem in now-a Despatch from t he Lieutenant-Governor . reporting t he maEsacre of t he London Missionary Society's Mission Party, under tbe R.ev. J ames Chalmers and the

Rev. 0. F . Tomkins, at Goaribari Island. It contains an account of the massacre and of the first puniti ve expedition. It is el ated 8th May, 1901. 10. HIS That is a special repor t 1

11. }ln. : Y e ·, it is a special report ; but it

contains a deal of extraneous matter which partakes of , the character of a general report.

Opening Address.

12. (A printed cop_'l/ of a D espatclt, dated Sth .Map, 1901, from tlte Lieutenant-Governor of Britislt .New Guinea (M1·. Le H unte), contain·ing a 1·eport of tlw massacre if tlte London J.l1issionar11 Sociel-lj Party, under t!w Rev. James Clwlmers and

the R ev. Olive1• E'ellowes' Tomkins, b.IJ the natives of riow·ibm;i Island, on th e Stlt of April, 1901, and qf llfr. Le Hunte s

punitive expedition, in Ma.y, 1901, tv Goaribari Island, was put in and marked Exltibit No. :3.) 13. MR. INNES: I then put in a second report of Sir Geo rge Le Hunte's, containing an account of his second expedition. It is dated 29th March, 1902.

14. (A printed cop11 of a D espatclt, dated tlte 29tlt of 11farch, 1902, from tlte Lieutenant-Govanor of Britio1t Guinea, r eportin.'l tlw ?'esult qf his second visit to Goar1:hari Island, in F ebruary, 1902, was put in and mw·lced Exltibit No. 4.)

15. MR. INNES : I then put in a report by Mr.

Robinson, containing an account of his last expedition, dated 2:3rd March, 1904. 16. (A D espatclt to I£is Excellen('.1J the Governor-General, dated JJfarclt, si,qned h.Y th.e Ar.ting Administrator,

I-lis 1-lonor Ji1dge R obinson, and containing an account of lti.y 1Jisit to Goaribari Island on the 5tlt of Marclt and subsequent da_ys, and of tl1e affra,y w!tic!t t!ten to ole place, was put in and marlced E xltibit No. 5.)

17. HIS HONOR: That is a report of the facts

including the subject of inquiry. 18. MR. INNES: Yes, including the subject of inquiry. last of all, Your Honor, I wish to put in a statement

made by Mr. Robinson after this Commission had been appointed, and after certain statements and rumours had got about in the Press and elsewhere, made very shortly before Mr. Robinson took his life. I am sorry these are only copies; the originals are with the Governor-General, and we have not been able to obtain them. I will ask

Your Hor.or to accept these copies. . 19. H I S HONOR: How were these copies taken 1 20. MR. INNES: They were taken at the Department of External Affairs.

21. HIS HONOR : They comparison with the originals. that they are correct.

can be put in, subject to

I will provisionally assume

22. MR. INNES: 'l'here is on e dated 18th June, 1904, and a later one dated 19th June, 1904. 23. (A rop.1f qf a report, dated the 18th of June, 1904,, signed by .7ud,qe Robinson, respectin.'l tlw Goaribari Island affray, was put in and marked E.dtibit No. 6.)

24. (A copy qf a.ft

25. HIS HONOR : Do you intend to call any evidence or now to produce any report which might be taken as evidence of the circumstances attending the death of Mr. Robinson 1

26. MR. INNES : There was an inquest held, and I have a report of the proceedings. I will put t hem in later on. I will put in the papers showing that Judge

Robinson's representatives had an opportunity to be represented. The first telegram was dated Brisbane, 12th July, 1904, and is addressed to the Principal Under­ Secretary, Federal Government, Melbourne. It reads :-

As executors, Judge Robinson, deceased, late New Guinea, considering advisableness being represented pending inquiry. Kindly wire when and where same will be h eld .

Then there is a telegram from the Department of External Affairs to the Queensland Trust ees, Limited, dated 14th July, 1904, as follows :-Minister has no obj ection executors late Judge Robinson

being represented at Commission, which will commence at Sydney on 26th instant.

Then there is a telegram dated 25th July, 1904, from Mr. Atlee Hunt, Secretary, Department of External Affairs, to Queensland Trustees, Limited :-Is it settled whether execut ors late Judge Robinson be

represented Ro,Yal Co mJJii ssion ? Sittin!ls begin, Sydne,Y, to­ morrow,

35

26 July, 1904.

Then there is a reply received by Mr. Hunt yesterday. 'rhis is a copy of the reply which has been received from Melbourne --From Queensland Trustees. Have not succeeded obtaining

consent sole beneficiary under Judge Robinson's will to his being represented.

27. HIS HONOR: A s the Federal Government has communicated with this Com pany, I assume that the Government has been satisfied tha,t they are the repre­ sentatives; and, therefore, with the substitution, I think, of the original telegram for this secondary telegram, these papers might go in as they are. lt would be as well to produce that original telegram.

28. ( Tlw file qf qfftcial pape1·s qf tlw D epartment r![ External Ajjitirs, sft,,win.'l rite requat '!f tke Que(-ns1aud J'rustePs, l,imit•d. to be ull01c ed to p ruvidcfor f lw nprc.•entation, al fit ' Commission, r:f the ·rfpresentatives r!f tlte late Ju dge Rolrin.•ou, was put in and 11101'/red E:r!tibit JYo.

29. lVIn. J NNES: I have here the papers of the inquest on the late Judge Robinson. First of all there a lett er from the Administrator, Captain Barton, to the GoYe rnor­ General. He says :-

My Lord,-It is with fee lings of deep regret that I have to inform you that Mr Christopher Robinson, Chief J usticc of this Possession, committed suicide, in the grounds of Government House, by shooting himself through the head with a re1·oh•er, at an early hom this morning.

2. All necessary arrangements had been made fo r the departure of Mr. Robinson, together with Messrs. Bruce and Jewell, in the steamship" Guthrie," due to sail this day at 5 p.m. This arrangement has not been altered with r egard to Messrs. Bruce and Jewell. These two officers will proceed to Thursday Island, and there await instruction s as to their further movemen ts from the Secretary for External Affairs.

3. Mr. Rol>inson informerl me on 18th instant that he would not require any natives to give evidence before the Commission. No natives therefore will be sent . 4. I enclose a copy of my letter of instructions to Mr.

Robinson, which was writt.e n to him on the day of my arrival here. The on ly acknowledgment in writing for this letter is in the form of two statemen t s which were enclosed in an envelope addressed to me along with my letter of instructions above referred to. Copies of these two statements I enclose herewith for your Lordship's information.

5. A n inques t will be held on Mr. Robinson's body this morning, and if there should be time enough I will enclose a copy of the evidence taken therent in this despatch. I ha1·c, &c.,

(Signed) F. R. BARTON,

Acting Administrator.

Then there is a copy of the proceedings at the inquest. Shall I read this, Your Honor 7 30. HIS HONOR: You need not read that now; but I will take it that it is a correct report. I think under

the circumstances that it is legitimate to take that as a correct report of what took place at the inquest. Those are the original papers, I take it 1 31. MR. INNES: That is the original despatch, with a copy of the proceedings at the inquest.

32. HIS HONOR : That is, original far as the

Department is concerned. :i3. (/1 to His E :rcellenr;y ihe Governor-General,

f rom Captain B arton, Acting-Administndrw qf B 1·itislt i.Yew Guinea, dated 20tlt June, 1904·, 1·eporting the qf Judge Robinson. and foru·arding a copy; qftlw prorcedin,qs at tlw inquest thereon. 1cas p7!t 1:n and marlced E .r!tib·it lv-o. 9.)

:34. MR. INNES : Your Honor will forgive me : I did not know of this. 'l'his is a letter by the Administrator, dated 16th June, 1904, to Mr. Robinson, in answer to which those two statements which Mr. Robinson made before he died were sent to Mr. Barton.

35. (A ('0]1.1/ qf a letter dated the 16tlt of Ju-r.e, 1904,

addressed by; C(lptain Barton { (I Judge R obinson, informin_q him qf t!te appointment of a R o;val Commission to inquire into the Goaribari Island a.ffra.'), and instructin,q !tim to attend tlw Commission, was put in and marked Exltibit No l O.)

36. lYI R. INNES: This, I think, is the extent of the Exhibits as far as I know at present. 37 . It appears, Your Honor, that on the 7th April, 1901, on Easter Sunday, Dr. Chalmers, the Rev. Mr. Tomkins, a young missionary lately arrived from England,

Opening Address.

Navagi, the chief of Ipisia village, on Kiwai hland in the Fly River, arrived in the Mission schooner at tho islanri of Goaribari. Goaribari at that time was a locality which Sir George Le Hunte describes-(inte1·r-upted).

38. HIS HONOR: In the schooner ? I want to know what the schooner was called ? 39. Mn. The "Niue." They arrived in the

"Niue" at t he island of Goaribari, which is an island at the mouth of the Omati River. 40. HIS HONOR: Goaribari is at the mouth of what is known as the Aird River ?

41. lVIn. INNES: In the map it is marked as the

Omati. 42. HIS HONOR : It has various mouths, I think, running through these deltas. Oma ti is one of the mouths of the river ; which is known as a whole as the Aird.

39

43. Mn. INNES: Dr. Chalmers had with him, besides Mr. 1'omkins and this native chief N a vagi, nine mission students. On arrival at the river's mouth, the schooner was sueroundecl by natives, who refu sed to leave her until

Dr. Chalmers had promised to go on shore next day. Early next day, Dr. Chalmers, with his whole party, went ashore, stating that he intended to return before breakfast. The captain saw the boat land, and never saw the party again. H e saw, he says, the boat in which they went make a start as if to come back, but return as if prevented b y force. vVe are enabled to fill up the gap by the ghastly d etails which are told us by a prisoner taken in the expe­

dition of Sir George Le Hunte made in the same month­ by name K emeri. Kemeri t old Sir George Le Hunte, when ques tioned about this massacre (and I am reading now from the first report of Sir George L e Hunte, elated

8th i\hy, 1901, Exhibit No. 3, in which he includes this report by K emeri) :-The first suggestion for massacring the Lonrl on Missionary Society's party came from Garopo, oft' whose village, Dopima,

the "Niue" was anchored . Word was at once sent round that night to the villages in the vi cinity to come to help. It is the usual custom for p eo ple of surrounding villages, when a large boat is sighted, to congregate in one place. The following villages were implicated :-Dopima, Turotere, Bai-ia, Aidio, Eheubi, Goari-ubi, Aimaha, Gewari-Bari, Ubu-Oho, Dubum· uba. The next morning all the canoes went off and persuaded Messrs. Chalmers and Tomkins and party to com e on shore in the whale boat. Some of the nat ives remained to loot the

" Niue." vVhen t hey got on shore, Messrs. Chalmers and Tomkins and a few boys entered the long house, the rest of the boys r emaining to guard the boat. These last, however, were also enticed in side the house on p retence of giving them

something t o eat. The signal for a general massacre was given by knocking simultaneously from behind both Messrs. Chalmers and Tomkins on the head wit h stone clubs. This was p arfonned, in the case of the form er, by l ak e, of Turotere, in that of the latter, by Arau-u, of T urotere. K aiture, 0f

Dopima, t hen stabbed i\lr. Chalmers in t he right side with a cassowary dagger; and then Muroroa cut off hi s hcacl. Em a cut off Mr. Tomkins' head. They both fell senseless at the first blow of the clubo. Som e names of m en co ncerne

murder of the r est of the party are :-Baihi, Adacle, Emai, Utumau , and Amuke, all of Dopima; also vV ahaga and Ema, bnth of Turotere. All the heads were imlllecliately cut off. 'Ye, howeYer, lost one man, Gahibai, of Dopima. H e was runn ing to knoc k a big ma u (Non:.--This must be Navagi, Chi ef of Ipisia) on the head , when the lfLtte r· snfL tched a stone

club from a man standing near anrl killed Gahibai. H e

(Navagi) was, however, immediately overpowered. The other boys were too small to make any resistance . In t he meanti me the people in canoes left at t he "Niue" had come back, after lootin g her of all the tomahawks, &c . This party was led by

K antiri, of Dopima. Finding the party on shore dead, it was determined to go back to the ' ' Niue" and kill those on board. Howe,·er, the " Niue" got under weigh and left, so they co uld not accomplish thei r purpose. I t hink the crew of the "Niue " were frightened at the noise on shore. Then Pakara, of Airnaha, called out to all the people to come and

break up the boat, which had been t a ken ri ght inside the creek, it ueing hi gh water. This was done, and the pieces were di vicl erl a mon gs t people from t he vuri ou• villages. .

Directly the heads hacl been cut of!' t he bocl ies, some men cut the la tter up and han ded the pieces over to the women to coo k which t hey did, mixing the fl esh with sago. They were eaten the same cla.y. Gebai has got Mr. Chalmers' head at Do pima;

and Mahikaha has got .Mr. T omkins' head at Turotere. The rest of the heads are divided amongst various in diYiduals. Any · body having a new head would naturally, on seeing strange

105

26 July, 1904.

people coming to the village, hide them away in the and leave only the old skulls in the houses. The same applies to the loot from the "Niue." As regards the skulls in the hou ses, those having artificial noses attached to them are of people who ha ve died natural deaths; those that have no noses attached ha\·e been killed. 44. Mn. INNES: That, Your Honor, is the account given by K emeri of the massacre of Dr. Chalmers and party. I might say that the natives round the "Niue"

boarded het· and looted her. vVhen they had left, and the Captain got a little further out, he then noticed that the natives on shore made some signal tothenativessurrounding;

by which, his crew informed him, it was meant that the party had been killed and the heads cut off. H e then managed to evade the surrounding canoes, and got away; and brought the news to Daru. H e then sailed back to

Port Moresby; where he informed Sir George Le Hunte. Sir George Le Hunte next day made preparations to start on his first punitive expedition. H e started in the

"Merrie England," with the "Ruby," a Government launch, in tow; and arrived next clay at a native village. H e picked up Dr. Blayney, and six native constables he had with him. That left him with a force of six

Europeans, including himself, and thirty armed native constabulary. The next day, on the l st May, they were joined by the S.S. "Parua"; which was a vessel the Queensland Government had chartered, on hearing from

Thursday I sland of the massacre. ln the vessel wem Mr. Murray, R esident Magistrate for the '\Vest District, Lieutenant Brown, of the Royal Australian Artillery, and ten men of the Royal Australian Artillery. Next day,

on the 2nd May, they reached Goaribari Island; and Sir George Le Hunte then gives the following description of the measures he took (vide E xhibit No . 3). I decid ed to send two boats to land simultaneously at the

two large villages of Dopima and Tnrotere, about a mile apart on the north sid e of Goaribari I sland, while I, myself, went on, with the other two and the " Ruby," to the junction of the r.orthern and western channels of the mouth of the Omati, to cut off canoes, and prevent any coming clown from the

villages on the right ba nk of the river. . . . I gM' e

orders that we were not to begin hostilities ; but that, rlirectly the natives began to fire their arrows at u s, we should return it with rifl e fire at once ; and that, on no account, if they called out peace, was any answer to be given, as I had no intention of

misleading them as to the nature of our visit; and I accept in the fullest measure the entire respon sibility for this and every other step that was taken, anrl none were taken except by my explicit orders. I was perfectly clear that what I determined to do was ri g ht a nd necessary. I was not on an exploring expedition, using every ef!'ort to conciliate the natives and avoid collision, even refraining from r etaliation of dangerous attacks, as many a time our officers and men have bravely

cl one. I !mel come to meet face to face a erne! set of sava.ges, who, we were now sa.t i,fied, had com mitted a treacherous ma

hancl -to-h ancl fight and killing more men or taking prisoners ; the first lesson I intended to te

the boats fin ally t oo k up their positions I ran clown with the "Ruby" and gig to give an instruction to the lower boat s, and had a chase after a native in a small single canoe . I nea rly caught him; but he got into shall ow water and escaped. I was ve ry an xious t o, if possible, secure one, in order to get so me information, as it would be very unl ikely that we should

get any as hore. . . . . Owing to the state of the tide, it

was imposs ibl e to make a clash; for there was a con siderable stretch of soft sticky mud to get t hrough befo re t he hard bank was reached. Almost immediately, arrows began t o fly at the boats and fell between them. I at once gave the signal to attack; a nd the boats' crews instantly tiretl. Tho natives, who had

vrobably never experienced the cU'ect of rifl e or gun fire sin ce t hey attacked the "Fly's" boat in 1845, seemed daze d for a few moments ; though some continued to shoot pl uc kily; and then they broke a nd ti ed precipitately . I gave the signal to cease firing, which was promptly obeyed; and tho boats landed and

Opening Address.

occupied the village. . . . . I saw that the lower boats

had co me into action with tho village there, and lutd landed ; so I went on to the junction of the two channels, and saw a village close to us on the right bank of the Omati, opposite the north-west point of Goaribari. I went straight to it and

received the same reception as the others. \Ve saw a fin e­ looking man in front of the dubu, waving u s away, and making signs of defiance; a large number were collected at the lower end of the village, and they began to prepare their arrows for shooting. The se cond boat in charge of Sergeant-Major Ferguson, of the R.A.A. The tide was now comin g in, and it forced my gig ashore close to a thick low patch of bush within a few yards; and, if the natives had taken the opportunity to

have shot at us from behind it, there would probably have been some accident. On e of my crew, a young lad, jumped into the water and pushed her and we pulled opposit e to a more open space. In a few seconds the arrows came. I distinctly saw a man kneel down, behind the fighting chief who had been gesticulating at us, and draw his bow; while another man drew on our boat right abreast of us. One arrow cam e between my head and that of one of the two R.A.A's., who were in my boat with Mr. Manning; and I at once gave the order to fire. The crowd in front of me disappeared instan­ taneously to the right; but the tighting chief still kept hi s place, shouting and gesticLLlating ; but I saw that something was the matter with him , and he clisappearecl. I fee l sure that he was wounded, and also another man, who walked away very slowly, and evidently with Llifficnlty, through the shooting, without ever look_ing behind him or quickening h is pace. I felt a respect for tJlCse two men. 45. MR. I NNES : In his second report, Your Honor will see, h e found this chief was still alive, and had not been killed in this attack. He now goes on to say :-

\V e went ashore through the mud over our knees. It was very difficult to extricate one"s legs from it ; and even the native con8tables took some time to reach the bank, when they at once dashed off to the right in search of prisoners, bnt were

unsuccessful. . . . . \\' e now returned to the p

at Turotere and fou nd them camped in a l11rge dubu at the upper end of the village, where we were soon after joined by those from Dopima. We heard that about thirteen of the natives were killed at the two villages; but further subsequent inquiries by Mr. Murray from the men individually increased this number to twenty-four, including two who were shot at Baila (a large village, fu rther up on the right bank of the Omati, which we visited next day), one of whom was shot resistil)g arrest by a constable, in self-rlefence, and the ot!Je:· sniping at · one of the Royal Australian Artillery and two native constables who were with him. . . . . . I

should be hypocritical were I to say that I deplored the loss of life on this I deplore the necessity for taking it a t all,

and I am very glad it was not greater; but it was inevitable; and the natives brought it on themselves; and I belie\·e conscientiously that they deserved it.

46. Then they encamped that night at Turotere, wbere they were attacked by the natives, and tbere was a volley fired from his men, which had the effect of dispersing the ;natives ; and no more attacks were made. They here found

several pieces of the boat, which had evidently been broken up; some remnants of articles which had belonged to the murdered party, and a fresh skull, also a lower jaw which Mr. Giulianetti did not think belonged ;;o a native. He then says:-

It was then necessary to decide what was to be clone at once, and he came to the conclusion that the course h e would pursue would be to visit various villages about Dopima and Turotere, and to burn their dubus, and also to burn as many of the fighting canoes as he could get h old of. This was the plan that they carried out. He snys that .i'lir.

M'Donald informed him that he had destroyed about 120 of the fighting canoes. So that was the result of their first expedition. They attacked the natives; and eventually discovered that · about ten natives were killed; they burnt down all the large fighting dubus t hey co uld find; and all the fighting canoes. These occurrences took about three or four days; and on the 5th JYlay, which was the latest time they could possibly leave, owing to t he season of the year, they left Goaribari and sailed for Thursday I sland, and eventually came back to Port Uoresby. This Goaribari is only possible to be visited at a certu,in seaso n of the year, from the first of J an nary to th e end of

April, so that twelve months elapsed befo re Si r George Le Hunte went there again. On his second expedition he left Port Moresby on t he 18th February, 1902. H e

40

26 July, 1904.

had on board with him in the "Merrie England " Captain Barton, and also Kemeri, the prisoner who was captured on the first expedition, who had b een taken to Port Moresby and been there ever since. They reached Goaribari on the

lst March. They were able to take the "lVIerrie England" up opposite Dopima, which was t he first time such a large vessel had ever been so far up the river. ·when they first anchored they went ashore at Dopima, taking K emeri with

t hem . Sir George says that, although the natives appeared extremely frightened at first, yet, when they saw K emeri, they were so ovi:Jrjoyed that he had not been killed that they came round, and he had an opportunity of mee ting them. He left Kemeri with them; and next evening he landed, and was taken by one of them to the village. In order to get into communication with them h e had to promise them, fi1·st of all, that on this occasion he would

take no further punitive measures ; and he goes on to say (vide E xhibit No. 4) :-This involved giving up the plan of making prisoners; but I told them that I should not m ake friends, and that I shonlcl

require to take, so me time, four of the principals. whom I named, concerned in the massacre of the London Missionary Soci ety's party, and the delivery to me of the heads of their victims. Two of the men whom I mentioned were pointed out

to me; and I could probably have ::l.inly have constituted an •

see ing no one the first time; but, by assuring the people that we were not goin g to harm t hem, we got them to come to ns ; a nd I told them the same thing. We did not gi,·e them any presents ; and I gave in structions that the "Merrie England " was n ot t o trade wi th the p eople from those two villages, for, l!OW they were assured that we were not goillg to attack them, they came freely ronnel the ship in their canoes to barter their bows and arrows for tobacco, etc.; but I thought it better t o show them that we made a difference between t hem and the others. They went on then to various other villages, where they

met all the villagers in a friendly way, and where they traded : and they returned the following morning to Dopima; and here K emeri came off to the ship with a very small piglet which he desired

to sell me for a tomahawk. I told him I would not buy

anythin g from Dopima until the heads were given to me, aml seut him ashore. I never saw him again.

On this clay two natives ca me aboard, and he showed them variou s things which to them were wonders, including a ·winchester rifl e and a very good revolver. Tutu told him thr,t on the first expedition only ten men were killed; although Sir George had been of the opinion that a great

many more were killed on that occasion; and here Tutu brought him a skull, which was discovered to be, and is now bel ieved to be, the skull of Dr. Cbalrners. But Sir George declined to pay a tomahawk, or anything else, for it, and said he must have Mr. Tomkins' skull as well. They then went on to the other villages ; and apparently everything went off perfectly friendly. H e described one incident, as follows :-

\Ve left the ship early next morning to visit Guarubi village, on the so uth side of the Goaribari; which Mr. M'Donalcl had Yi sited on the last occusion, ancl which it was necessary to­ reach while the tide was high. It is sit uated at the entrance to a cree k which very probably may connect with thc ·Aumo· Clmnnel on the north side. The people were making off up it in their canoes in grettt munbers; but we finally got them ta como to us. At one momen t it looked as if, in their fright, they were going to lose t heir beads ; and I saw on e oldish man fitting his arrow to his bow behind a clump of high grass : but I called out t o them io put their bows away; which they at

41 107

Opening Address.

once did. vVe made this rule everywhere: no one was per­ mitted to approach with weapons --not that there was any real risk of their using them-but I thought it well to make them understand iha.t we did not allow it; and in every case they

obeyed directly. They never stir a yard without arms.

Several of them carried cassowary daggers in their armlets.

Then Sir George L e Hunte says:--1 had decided to leave the next day, as we had spent five days here, and finished Yisiting all the villages which had been punished before, and had done what I wanted to do on this occasion; but, in order to leave no doubt at Turotcre, I went there again. All the people began to clear away

up the creek which runs oui of the main channel alongside the village, a principle I noticed throughout, making it impossible to surprise or surround them. Vi-'e lay off the bank; and some of the men, on being told that we were

not going to fight, came and spoke to us. I told t hem

what I had sttid to Tutu. A man said that Mr. Tomkins'

head was in a part of the village low er down towards

Dopima. vV e told him to go the bank while we

rowed down there. After some time a skull was placed on the bank, and we told the man in r1u es tion to bring it off to us, which, a fter being reassured that we were not going to

harm him, he did. It was evidently not a. white ma.n's skull, nor a one; and I declined to accept it as the one we

wanted ; am! repeated my "·arni:1g. Another

man promised to bring the skull that night; but it is hardly neceEsary to Eay that neither he nor the head appeared. . . . So br then as Dopima and Tnroterc a.re concerned, they have an unpurged offence still to account for. This ter­

minated our work here; and we left the next morning, the uth M arch, for Darn.

And from Daru they went to Port Moresby. 'l'hat was the state of affairs up to the end of Sir George Le Hunte's second expedition. He had made certain demands, which h e said must be complied with ; he h ad demanded that

the four ringleaders should be delivered up to him, and h e had demanded that Mr. Tomkins' skull should also be delivered up. This was not done; and this left the two villages with an unpurged to account for.

47 . It is only possible to visit this locality in the

months of January, February, .March, and April; and, Sir George Le Hunte being absent dUl·ing these months in 1903, there is a gap now of two years before Mr.

Robinson made his expedition. Mr. Robinson gives an account of his expedition in a paragraph in tt report dated 23rd March, 1904 (Exhibit 1Yo. 5). He says:--On the [ith i\farch Captain Harvey carefL1lly mwigated the

" Merrie England" to Goaribari through the shoal-w aters which beset the passage, and anchored her in Aumo channel at noon . This is the scene of the massac1·e of the Revs.

:Messrs. Chalmers n,n d Tomkins and twelve native teachers and scholars on the 5th April, 1901. In the i\by following, the Lieutenant-Governor, Sir George Le Hunte, led a punitiYe expedition against the natives concerned in the murders and cannibalism, in which he was assisted hv a detachment of soldiers sent by the Queensland Go,-ernme!,t from the garrison at Thursday I sland.

ln the lighting which en suerl, the Lieutenant-Governor ascertainc< l on his subsequent visit that a bout ten of the natives were killed. One prisoner mtmcd K emeri "·as also taken to Port Moresby, and retnn:erl by the Licuten::tnt­

Gov crnor in ;\larch , 1\JO:l, [1, year later, when he re-,·isiterl the place. In hi s

morning when I landed that I wou ld not do anything to

them now. This involved gi,·iug np the pl[l,n of making priso ners ; but I tol

principals, whom I n:un crl, conaecLcd wi th titC massacre of the London .Missionary Society varty, and the delivery to me of th e heads of their victims. As soon as I told

them this they got very uneasy , nn•l Legan to disappear iuto the bu sh until only n, few were left." l3efore hi s departure, after n, good rica! of trouble, the J,ieutenant·Govcrnor succee

skull, which was subsequently giscn Christian inn·ittl at Darn; but., alt-hough prom ises were made to deli \' er up Tomkins' skull, they wtre not kept. "So far then," f:iir George L c Hunte concludes, "as Dopima and Turotcrc (v illages) are

concerucd, they lmvc an unpurgecl 0fi'ence still to account for." According to a

Dopim a village ; and word was sent to Turotcre, l3aiu, Aidio, Eheubi, Goari-u bi, Aimaba, Guoaribari, Ubuoho, und Dubu· muba, the men of which in it.

26July, 1904.

Then there is the description of the massacre. Then he goes on to say:-Owing to t he Licutemtnt-Governor's absence from the Pos­ session, the north-west season, dming which this place may

be sn, fc!y ,-i sitecl, passed, an

and recoverin g, if possible, the beach of the victims, especially that of Mr. Tomkins. These skulls are greatly prized by the n[l,tivcs as trophies; and the moral efl'ec t of allowing them to retain possession of that particular one is correspondingly bad .

\\' hen tho "Merrie England " anchored mid way between Dopima a n

being sounded by the blowing of large conch shells. The canoes then waited in the stre[l,m. It was clear to me that, if I made formal demaDd for the s kulls and for the delivery of the pri­ soners at once, the natives would simply retire to the sago swamps, wh ere it was impossible to follow them with [l,ny hope of success, and there they would remai n unt il my departure.

I therefore decided to wait

cut off Mr. Tomkins' head, were amongst those who sur­ l'Ounded the ship in canoes. Two or three nati \'es gained sufficient couruge to come on board and survey themselves in the mirror at the top of the companion : and one of these was

very much startled at fi rst at the reflection he saw in it. Ema, hmY ever, seemed Yery uneasy : he would not venture along­ side, und beckoned the others to come away; which b efore long they dirl, returning to the shore. \V e were told that

Uki, of Dopimn., harl Mr. Tomkins' sl;nll; nud Mr. ,Jiear and I both t ol

morning the ship W

The scene on tbc ship for a few minutes one of some

commotion. Arrows were discharge

who then took co·ceL' in the chart room. No one on the ship was injured ; bnt t he loss sustained by the nati ves, as I leamed on the followi ng dtty through tltc native prisoners, was eight men. Acco mplL niccl by Messrs. Jie:t r, Bmce, and J ewell, I

Yi sitell the vill;tges of Dopinm, 'l'urotere, Aiditt, !Cerna, and lhict. l\n,ti,·cs ::trmc

thew ,-illagc.> ; but they retired to co,·c r on our lancling, to rcn.ppea•· ns we left. P igs were <·bbine

The following day wa s spent in Yi siting the Yillag es of Upu, l lubumub", Gewaribari, ancl Aimaha, with 11 like result. At Gcwaril:a.ri , v:l:i •..:h is in\1bitcd by a. comnlun i t.y of sorcerers, one of tlt e11t l1nd ananged It is charms or idols on the hank, antl motion ed U:5 :1\HLY wi th mn.t s, about in a

grotesque manacr. He disappeared when we land ed, but rc­ a.ppea. rc:•l wh t- n we left, to his a ntic!:i. Captain Harvey

r cportc

hi111 awl tilu other prisoners. Captain Harvey tohl them to co!n e back later in the aflcrnoon, when I retumcrl, as I wanted to speak to them . They p"omised to do so, bnt did not. Two of the nati,·cs were el

form ed them that I v:a s about to liberate one of these old men ut Dopima, in order that he migh t obtain the skull for me, whi ch he un

Opening Address.

As I exp ected, he did not keep his promise ; and after break­ fast I took the other elderly prisoner, who belonged to Turoterc, to that village. On our way there, through Constable Uria, by questioning him, I confirmed the report that I already had, of

the ghoulish habits of these natives; aml he freely admitted the general practice among them of devouring, not only their enemies slain in fight, but also the bodies of their relations and friends who

  • custom among them, he said, for mothers to J e,-our their young children when they die. For such inhuman creatures one cannot but lmve a feeling of intense lo11thing; and it would seem hopeless to expect much good from people so ttba,ndoned. I made him call a summons to hi s friends at the

    village ; and three or fuur young men answered it. To these I spok e by the aiel of A.N.C. Uria, telling them t hat I was 11bout to set the prisoner free, so tlmt he might spertk t o the others, saying that I had fought with them yesterday in

    retaliation for their arrows, and that, although I had intended to no more to-day, I would not make peace until the

    skull was delivered to me. I repeated my orfer to exchange the other prisoners, save lake, for those three others who were demanded by the Lieutenant-Governor, who otherwise would be taken 2-way. They said Em11 had Mr. Tomkins' skull, having taken i t across the river am! hidden it in the bush opposite. I bade them

    houses ; but, if they retain e< l the skull, similar forbearance might not be shown next time. I returnee! to the ship, and waited; and ttt length two ccwoes came off; and t he 1:at.iYcs in them spoke to the prisoners. I told the latter to say that I was waiting for the skull; and t hose in the canoes replier! that the Turotere peopl e had sa id that they would not give it

    up. Two skulls were tendered insteuJ, which they placed in a canoe to drift alongside. These sknlls, the pr·isoners said, were those of bushmen killed in the fight; and I made it clear that I would not accept them as an equivalent. No gootl purpose seemed to me to be served by waiting longer; and the

    "Merrie England " steamed away." That is the first account which Mr. Robinson gave of the occurrences which are the subject of the inquiry. Shortly after that disquieting rumours got about. Statements

    were made in the papers that an unprovoked and wanton attack on unarmed natives had been made by an armed force; and that it was in the nature of an unprovoked treacherous attack. The Government then decided, in order not only to dispel these rumours, but also in justice

    to Mr. Robinson, to grant a Commission, and appointed Your Honor as the Commissioner. On h earing of this Commission, Mr. Robinson, who had, I may say, been very seriously ill from Malarial fever; and who, no doubt, was ttbsolutely over-wrought n,nd borne down by the anxiety of this, committed suicide. But, before doing so, he left two statements, which I propose now to read. They will complete the docum entary evidence which I lay before the Commission. The first of these sbttements is dated 18th Juno, 1904, and is

    Government Honse, British New Guine:L, 18th June, 1904. Your Excellency,-Referring to the desp11tch from His Ex­ cellency the Govemor-General, dated the 19 th M.a.y la st, t1ntl to the enclosures, having r eference to the alfray ar Goaribari on 6th .March last, I have the honour to supplement the report of the matter cont>Lined in my despatch, No. 15, dated 23rd March last, by the fo llowing details :

    In the first pl&ce , according to the information origin11lly obtained from the boy Kemeri , who was c11ptured by the Government party which visited Goaribari after the massacre of the missionaries, a! though the plan of the massacre was laid at Dopima Village and was executed there, word was sent to

    the other villages to come and assist, and the natives of those villages did assist, and participated in the cannibal feast which followed ; and they were all prirnct facie guilty of the massacre. Kemeri, it may be mentioned, was not to be seen on the occasion of my visit, hi s absence being explained by

    the statement that he was aw11y fishing; but I saw the box, given him when he wa,s libemted, in the large "dubu " at Dopima, which is not his village; and t here is so me probability that he was despatched, as it was feared he might bE, for

    having given information to the Government. 'Vith regard to the manner of the arrests, t he object of my visit was to capture the ring-leaders, viz., lake, Ema, Mnru­ roa, [lnd and to obt11in possession of the late Mr.

    42

    26 July, 1904.

    Tomkins' skull. I did not expect to be 11ble to capture all

    four; but I intended to capture lake, who killed Mr. Chal­ mers, and who was one of Mr. Tomkins' aggressors, if I

    possibly could, and five or six others. .i\'ly reasons for captur­ ing so many were: (Firstly), as above stated, all these natives were concerned in the offence; (Secondly), uncivilized natives, when taken into captivity, are liable to fret aud die, and they arc also liable to sickness in ga,ol (there is usua.lly an epidemic of dysentery in the gaol at l'ort Moresby annually); and, if lake alone were taken and by any chance died, nothing could convince his fellows t hat he had not been put to death by the Government, and the difficulty of subsequent communication with them would be increased. On the other hand, my ide11 was that the system of village co nstables, which has proved so Stlccessful in other parts of the Possession in the subjection of savage tribes, should in course of time be applied to Goaribari ; a nd t hat by and by some of the captives could be appointed village const11bles, and thus the beginning of some kind of orcle<' 11nd authority be created among th ese people. It would in my opinion be unwise to make lake, tl.u man who actually killed Mr. Chalmers, a village constrtble.

    The entmnce to Goarihari, which is low-lying mangrove 11nd s1tgo swamp, is by a very narrow and difficult channel, bese t with st1nd-ba,nko, which run a distance of seven miles sea wards; and at that distance the approach of a vessel could easily be seen by

    the natives. The objections to the altern11tive course which was suggested, viz., that of appronching the place at night in boats, were stroug, and were these. Quite apart from the consideration of the large fi ghting population occupying these villages, it would have been impossible to have landed 11t and surrounded the large village of lJopima, for instrtnce, ttt dawn, without alarming the naLivcs. The shore is fri nge

    children won!

    four men would be remote. It would have been equally hope· to have attempted to catch any of these natives by chasing

    them on the water; they have long light canoes which they paddle, standing up, at a swift pace; and I myself have seen a canoe of this kind pass with ease the large laun ch towing two lvhaleboats; and Si r George Le Hunte, with a large force, only succeeded in catching one boy. It will thus be apparent that the task of capturing four out of some hundreds of savages was a difficult one. I did not ruake up my mind definitely until I had seen the place ; and, after consult.ations with Mr. Jiear, I considered all these things carefully before I concluded that the course which was adopted was the only feasible one. It was necessary in the first instance to identify those whom it was desired to capture; and I have already expl11ined in my despatch in what manner this was done in the case of lake and :Ema on the first da.y. This was not an easy matter, owing to the superstitious objection each native has to pronouncing his own na1ne.

    On the following mnrning, on awaking, I learnt that the canoes were all round the ship ; and on going on deck I

    r ecog ni sed bkc alongside the launch in a, canoe, the launch being moored to the port side of the ship. He showed a disin­ clination to ventu re nearer, but like the others was keenly desi ro us of obtainiug a tomahawk. I returned to my cabin, and harl not quite finished dressing when Mr. Jiear ct1me to me, and informed me that lake was on board with some others, and that he thought that the opportunity should be seized of securing him 11t once, without wai tin g for Ema and the other two. I gavG the authority, and ad vised Mr. Jiear to secure si x: or seYcn of the others, as I had pre,·iously concluded to do. :tvlr. Jiear said t,o me "I understand I 11m in charge of this m11tter. " I said ''Yes, I leave the whole arrangements in your hands." As he was going, I s11id ' ' You know there are a good many natives around us, and they may shoot arrows:

    you had better m11k e your arrangements carefully . Let it be known on board what is about to be done, and h11ve police detailtd to make the arrests." It is not a fact that I "under­ took to supervise the capture of anyone else I wished, •· while Mr. Jiear co ncentrated his attention upon the two murderers. As 11 matter of fact, lake was t he only one of the four

    principal offenders who was on board. Nevertheless, I wish t-o make it clear I take the full responsibility for the course pursued. Mr. Jiear, I have learnt, gave the signal for all the arrests. He was quick in doing so: and the first intimation I had that he was acting upon my instruct ions was when, less than a minute after he had left me, three natives rushed through the passage in the companion-way. I at once came out of my cabin on dec k ; and so I saw several natives in the act of jumping overboard, m noes paddling off in alarm, and

    t hat the arrests were being made in various parts of the ship. There was, of course, a great deal of struggling and excitement on board. I went on to the foredeck, 11nd was superintending the securing of bke by Mr. Jiear, Captain H arvey .being

    Opening Address.

    occupied with lake's companion. I stoorl there a short while, when suddenly a shut rang out from t,he after part of tne ship, which was quickly followed by others. At the sound of the first shot I look ed aft, and saw a medley of canoes with excited natives in them, with bows and arrows, preparing to shoot. At that moment Captain H ar vey was in difficu lties w1th the pnsoner which he wn, s assisting to capture. The constable who had seized him in the first instanee basing no handcuffs, and having gone aft for them, I directed someone, !don't r emember whom, to go to his assistnnce; n,nd I waited

    t1ll I saw that a beln,ying pin, with which the nati1·e was stnvmg: to strike Captain Harvey, was removed. I t hen tried to take m the situation at n, gln, nce. The larger number of the canoes had gone astern with the tide by this time. The after pa:t of the ship was packed with t he crew, police, and

    pnsoners; and my view was inte rrupted by the deck-eahins. The firing at this time was gcneml; and it is rliJficult to

    descnbe theexcitement an d confusion wh ic h pre1·ailed. I, of course ,. lJcforehanu the po.3sil.ilit.y of the native"

    ::Lttaclnng t he sh1p; hnt, after I had seen the canoes making off at outset, the mn,ttee " ·as not in my neinLl, which was

    occup1ed wit,h the arrests on the foredeck. Moreover, my ex peri­ ence of the natives of the other \\'estern riYcrs, "·hoinvariably seemed anxioue to get out of ont's way if Lhey cxpocte:l trouble, did not prepare me fo1· the return of these t o sh oot arrows, as t hey did when they s:tw the attention of those on board was occupied with the prisoners. I was on my way aft on the starboard side, when t\l·o constables came q ni ck ly to

    me, and directed mv attention to some canoes a n arrow from which had n on rly hit Captain Harvey. I looked up, and

    scemg the starboard bow opposite to where Captain Hurvey had been en!!aged 111 the struggle with the prisoner, I turned and fired two shots in quick s uccession. \Vhat the effects of these two shots were I am unable to say, as tho nati1·es took to t he _water quickly. I subsequently tired three or fou r other shots m the direction of some other canoEs. The3e were mndom shots in the air, and took no effect. All this

    happened, as it were, in a moment. and in less time thnn it takes to tell it. Botwezn the first shot fired on board and the last, three minutes, or four at the outside, did not elapse. ! ascertained afterwards that the ti ght was begun by a flight of a rrows from t he canoes, and arrows "·e re being fitted to bows for a second flight when one of the Darn detachment fired the first. He tired without waiting for orders ; and he was

    J both by common sense and the general order to police

    111 dmng so. Arrows were then beina shot on both sides of

    t he ship: and t ho other police who not occupied with the joined in the tiring. There were some hundreds of

    natives surrounding the shp; and, if they hn,d been allowed to shoot arrows with impunity, of those on board would

    certain ly have been injured, and probably killed. While I was awuy visiting the l'illages after the fight, a Jist of nat ives kllled, to the number of eight, w:ts obbined by Capta.in Harvey from the prisoners, who got it from the natives who came off to visit them, an

    return; and this agreed in tho main with t he opinion given me shortly after the encounter hy Mr. Bruce, who was aft, and, as he told me, had a good opportunity of seeing the effect of the finng of the police.

    Fortunately, in this instance. the nati,·o pclice, with few exceptiOns, are notoriously bad shots, especially when exciteol; and when the firing became hot the nativesquicldy took to the water. This no doubt created an exaggerated impression in some minds of the loss infli cted . It may transpire that more than

    the number mentioned by me were killed. I coukl give no opinion myself, as I did noc sec the effect of any of the firing astern. \Vhen I dirl go to t he stern of t he ,·esse! the fighting had ceased, a nd I saw only a number of canoes and some natives

    in the water. On the subject of the shooting of the poli ce, Mr. Bruce should be able to recall an incident in the Fly Ri ver, where tho oldest member of the constabulary missed a stationary pig at ten paces, after having taken deliberate aim ; and Sir !;corge Le Hunte once reported n,n exactly similar inci< l ent. The police are not practised in rifle shooting, atlviserlly,

    ·when I ca n1 e to British New Guinea, a little more than a yea r· ago, to tn,ke up the appointment of Chief .J udi cial Officer, I did not contemplate ever being called upon to perform a duty of t his kind. Your Excellency is aware how I have stri1·en to the

    utmost of my n,b ility to cn,rry on the work of administration nf this Possession, to which. n,lmost immediately after my arnval, I was unexpectedly call ed, in addition to the work of my

    proper office ; which. owing to a long 1·acancy, was five or six months in urrear. I have not spared myself in t h is endc.wonr, a nrl that in a position full of novel diffi culties and anxieties, and under unfamiliar conditions and surroundings. Apart from this unhappy episode, t hanks to much kind :tssistance from officers in the service, I th ink that Your Excellency will find that the work has not suffered to any ex tent in my hanch.

    I am very sensible that, unlike yonrself, I am not crtnipped, either by training or experience, for duties such as the one which was required of me at H haYe been

    109

    26 July, 1904.

    better for me if I had been less zealous in endeavouring to carry out what I conceived to be imposed upon me as a duty (I mean the taking of prisoners); and I regret exceedingly t hat I e1·er attempted it. The policy of the Government in the past, however, as I understa nd it, has been' to insist upon t he imprison ment of native offenders, in spite of difficulties, both as a punishment to t hem and as an example to other s. What

    the difficulties are can only be realised when one rem em hers that or fifteen European officers, ::LRsisted by a fo rce

    of 130 native constabul"ry, are charger! with the duty of subduing and governing a population of 350,000 natives, some of whom, like t he Goaribari, are of the lowest and most savage type of o:tn 11ibal to be found a nywhere in the world.

    One is always wise after the event; and it is clear to me that it was n, graYe error of judgment on my part to have attempted a ny anests on board the " :Merrie England," and in not fore­ seeing that, in the event of any ti'Ouble occurring with the

    natin:s, there would be bound to he co nsiderable excitement an

    remainerl coo l and collected; but there a re fe w who cau remain mmlfectccl by the excitement a nd confu sion which naturally prevail under circumstances such as! have attempe

    nothing can rectify. I have now given to Your Excellency :ts full an account of thie affmy as I can : and I have only to repeat that no blame can rightly be attributa ble to anyone in connection with it save myself only. I was primarily in authority, and as I am

    solely responsible for the which was fo llowed, I am

    ulso responsible for the consequences of it. 1 have, &c., (Signed) CHRIS. S. ROBINSON.

    48. Then, next clay, he supplements that by saying (1·eading .from E.xhibit No. 7) :-Government House, Bl'itish New Guinea, 19th ,Tune, 1904. Your Excellency.-In the draft of my report to you of yester­

    day's date, I Ind. included u traverse of certain statements made hy ?>Jr. ,Jiear a.nr! Mr. Abel, having reference chiefly to alleged con ve rs::Ltions they respectively state they had with me touching the Go,.ribari affray. The r eal f,tcts which I have stated, I beli eve accurately, are, u nhappy anrl unfortunate enough, without exaggeration or mi srepresentation of any kind; and upon reflection I hesitater! as to whether und.er all tho circnmsta n"os it was \\·orth while to deal with them s pecifically , especi'l.lly as so many other dic.torted statements

    hn,1·e been circulated in the press and otherwi, e. These state­ ments rlo not lose anything in repetition ; aPd I realise that after all this lapse of time it wou ld be a hopeless task for me to attempt to overtake them ; and here let me state that

    information of the statements which have been published, or rather infol'mati on of but some of them only, did not reacb me here until the mi

    tlmt I learnt of the many semational stfttements which harl appcarecl in the newspapers, and tha t the matter was to be the snhiect of in quiry by a Hoyal Commission. i\11-. Abel, I Jflay add, had several opportunities of mentioning the matter

    to me during tho few weeks I spent at n,ncl, in fact,

    he called at the resicl ency one day when I was there, shortly before his d cpnrture, but gave me no hint of hi s intentions; nor dirl he at any time advert to the subject. I wish he had done so. With regard to Mr. statements, I think I have already

  • at a native in the \l·ut er. On the subject of his alleged con versation "ith me, I ha,·e retailed that, oh one occasion, after luncheon on the " J\l errio England" at Samarai, he and 1 were speaking of Mr. Cha lmers and of his death at Goaribari. I n,m not able to recall the d etails ,,f the conversation, nor any specific words of mine, as 1\lr. Abel professes to be ahle sc­ g lihly t.o do; but I know that I ha1·e n e1·er held t he opinion

    which he declares I expressed, nor did 1 ever m:tke any state­ ment which could properly be so construed. There is no one wbom I revere and :tel mire more than Sir George L e Hunte It would be impossible fo r anyone cognizant of the facts as I "·as t o haYe expressed myself in those terms. I must

    emphatically deny that I have expressed myself in thi3 way to 111 r . Abel, or to anyone else ; and or all the untruthful and vin­

    d ictive which have been made me on thia

    4t

    H. Jiear.

    and other matters-and between the Paiwa inciden t , referred to later, the Thursday I sland wharf episo de, and this, I have had my share of them--none ha\' c been more pa inful or more intolerable t han this. I hM·e no w ish to display any feeling

    towards Mr. Abel ; bnt I venture to t hi nk that tinally he will be forced to admit, to himself tt t any rate, t hat in an excess of zeal, and in the light of r ecent events, h e h::ts attributed to me words and expressions which I, at all events, have the satiSfaction of knowing I ne1·cr uttered. . . . .

    .Mr. Jiear's statementconttti:1s much of mi srepresentation and several untruths. I rlo not p ropose t o traverse hi s st at ement of eonversations wi th me in full detail h ere ; bnt I give my own stat ement of what w;t s mid between us, which I r ecollect p erfectly well. vVh en the fray " ·as over, Mr. :1 iear came to me and asked me if I hall gi ,-en the order to fi re. I replied that I had g ive n no orders, bu t that I supposed someone d id , ancl t hat the natives ha(l bee n ti ,·in g arrows, :m el t hat t he firin g was jListilicd. I also said "I have bee n firing myself; I fi red three >h ots at those ca noes," indicat ing t h em. I a lso informed him of Capta in Harvey's escape. an d l ment ioned t hat t he first shots

    were fired from aft, while I was on t he fo re-deck look ing on :tt t he arrests there. Mr. Jiear then said "Oh, well, if they fired arrows they desel'\'ed all t hey got ; and if you a re

    satisfied tlmt the fi ring was justifi ed I have nothing fmther to say. " I replied t here were a ''great many shots fired from astern. I hope t here were not many killed." Mr. Jiear then said " I was astounded when t he firing began, as I was in

    charge, and I had not given fLny order s to fi re." I was about to remark upon the absurdity of this st atement, seeing that he was wrestling on the fore-deck with l ak e w hen the first arr ows were shot ; but I refrn ined, and merely r eplied

    that I was satisfied that the fi ring was n ecessary. I may

    say h ere that when .i\Jr. J iear took charge of the arrests

    I had no idea that he intended p erson ally to seize and

    wrestle with Iake; nor was it necessary or desirable tha t he should do so. Mr. Jiear's statements that I said "I do not think t here was anyone killed. I only fired t hree shots ; I

    t oo k n o part in it ; I killed no one," and so on, are qui te

    untrue; and so is the infere nce left to be drawn. M r . J'iear neY er a dopted the t one his st at ement would imply in his convers,•tion with rn o : in fact, we said very little t o one

    fL tiOther on t he subjec t then or a t any other time. From the morning of the a ffray until now he has never acl\·erted to the s ubj ect ; and no doubt he r ealised thu.o t he affair had bee n ill­ managed, just as I did. for the stat ements which he

    attributes to me above, they a re so palpably inconsistent with my actions and words, a nd particularly to my statement made t o him wh en he first sp oke to me, " I ha ve been firing myself, " that I dismiss t hem without further comment. I heard no conversation between l\fr' . J iear, Mr . Bruce , and Mr. J ewell. The la tter did n ot at any t im e express indigna­ tion to me or refuse t o a ccompany me in my boat, n or give expression to me to any of the statements alleged ; nor had I an y idea t hat he h ad clo ne so. I have never h ad ""Y

    unple:tsantness with a ny on e of them; and :Mr. J ewell has been staying with me up to tho date of Y our Excellen cy's return, a few days :tgo. A wee k or t en days ago, how­

    ever, from something I h eard, I questioned Mr. J ewell,

    and he then informed me t hat he was not in sympathy wi t h the fi ring, and that it had bee n co nt inued too long ; and I too think now that it was. He added t hat he could not r ecollect what he had said in his excitement at the time. I asked him if he ha d expressed any opinions as to the number killed ; and he said he had t o M r. Bruce and Mr. Jiear, but withd rew it almost immediately . H e has since stated to me t hat other of his s tatements made u nder intense excitement, particul a rl y with regard t o my shots and t heir results, h e would as k to withdraw, and that h e

    I have, &c.,

    (Signed) C. S. ROBINSON.

    -1 !). The statement he refers to there is that he expressed

    26 July, 1904.

    53. Q. How long have you held that posit ion? A. About t wo ye:.trs a nd nine part icular position.

    54. Q. Were you on board the " .Merrie E ngland " wh en the Act ing Administrator wen t to Goaribari in March l<1st? A. I was. 55. Q. You arrived a, t Goaribari on Saturday afternoo n, the 5th of March, did you not? A. N o, in t he forenoon.

    56. Q. ·when yo u arrived, wh at was t he first t hing you saw? Did you see th e nati"e canoes conveying t he women and children away across the channel ? A. Yes, I did. 5 7. Q. Just tell us what you saw? A. \Ve saw a good nu mber of native canoes of various sizes, large and small, conveying wo men and children on to t he mainland from Goaribar i Island, and from another point of the mainland which is pop ulated rath er tbickly, o ve r to another point of t he mainland, to the oppos ite sid e of t ho river. We t hen saw canoes returning.

    58. Q. Was that a usual thing for the natives in that pa rt of the P ossession ? A. Yes. 59. Q. I mean, did t hat, in a ny way, indica te to your mind that t he natives look ed upon t his visit of the

    " Merrie E ngland " as an offensive expedi tion 1 A . No. I a m quite used to seeing that sort of thing . I have

    frequently seen it before. N ot at that particular spot ; though I ha ,·e seen t hem at that particular spot on one occasion before. B ut in other parts it is quite a usual thing.

    60. Q. First of all, what was your position on the

    "Merrie England " at this particular time ? vVere you, in any way, in charge? A . Y es; I had been ask ed by the Acting Administrator to

    62. Q. Tell me what was said bet ween you and Mr. Robinson when he asked you 1 Jl. He said to me wh en we arri vecl at Daru, " vVo are going to make an extensive tour rou nd your .Division ; and I would like you to take charge of the party, as 1 have not been wes t before, and I do not know mu ch about th e people of the west . As you have been there so mu ch, I would be very glad if you would take charge of t he par ty, and direct its movements."

    63. Q. Yes; wh at did you say? A. I said, "Very

    well "; and I did so. · 64. Q. Th at was six weeks before you got to Goaribari 1 A. Yes, about that. 65. Q. vVas anything sai1l in t lJ e meantime? A. Yes; about t hree or four days before we reached there, , or perhaps a week before, I asked him if he would relieve me of the position of being in charge of th e party ; and h e said he wo uld prefer I should go on as I was, as he did n ot k now anything about Goa ribari, and there was no one else on board who had been there before, with the

    exception, of course, of the "Merrie England " people. 66. Q. A nd you consented ? A. Y es . 67. Q. So t hat you were actually in charge of t he party when they anived at Goaribari on the 5th March-on the Stt turday morning. A. Yes. an opinion t o Mr. A bel that t he policy of Sir George L e

    Hunte was a very weak one, and that h e meant to mend mat ters wh en h e got an opportunity. 50. That, Y our Honot·, is the last statement of Mr.

    68. Q. You arrived t here on Saturday morning-I suppose you saw t hese canoes as yo n were com in g up the channel ? A . I t hink th<.:. t we were at anchor before W E'

    R obinson before he committed sui cide; and th at is the las t doc ument ary evidence. I propose now to call the witnesses we ha,ve present, and I h and yo u a list of t he witnesses. I want tirst of all to call M r. J ica,r.

    ARMY HENH.Y JIEAB. was sworn, and exami11 cd as under :-[j 1. BY lVIR. INN E S : (J. ·w ha t is your name ? A . A rmy H emy Jiear.

    52 Q. \Vha.t is your pos ition? A . Besid ent Magistrate of the W estern Di of British New Guinea.

    saw the canoes . 69. Q. vVhat hap pened next that is, the

    Saturday morning? A. A good many canoes came up the ship, some r igh t up alongside, others

    h o,·ering arou nd in the vici nity. 70. Q. Y ou say a goo d n umber --you mean ? A. Probably a h undred; perhaps more, pe l'll

    / '!.. Q. How many natives 11·ou ld those canoes hold­ h ow many '"C' re there at the time ? A. P robably GOO, approximately. 73 Q That was on

    Some wo uld hold ten, the ·.· morning 1

    others wuulJ only h old A. Yes. c:te. I

    Witness-A. H . Jiear.

    think there were approximately 600 per3ons, all males, principally adult males. 7 4. Q. Is it the usual thing for only adult males to come out on these occasions 1 A. Yes, quite usual. Women and children would not come to a large vessel like the "Merrie England." There are places where they would bring women off, but not young children under any circumstances.

    . 75 . Q. When they came round-about 600 of them, yo u say-did any come on board 7 A. I do not think any came on board until the afternoon. 76. Q. Before the afternoon, did any trading go on 7 A. Y es; from the canoes up to the ship there was trading

    77 . Q. In an ordinary and friendly manner 7 A . Y es; for weapons and native ornaments. There are certain articles which are not allowed to be t raded for. 78. Q. On the Saturday, were the.'e natives-male natives- armed 1 A. Y es.

    79. By HIS HONOR: Q. Y ou don't say with what arms they were supplied 7 A. Bows and arrows. 80. By Th'IH. INNES: Q. Had t hey gauntlets on7 A. Y es. 8 1. By HIS HO.r OR : ir. Jiear, kindly describe the bows and arrows, t he range, and the general details.

    82. By MR. INNES: Q. Just describe as accurately as you can how they were armed 7 A. They had t heir

    gauntlets on in almost every case of an adult male. 1'he gauntlets are used to protect the left arm from the effect of the blow of the bow-string. They also had their bows and some arrows in their canoes. Some carried them in

    their hands. The men who were paddling would have theirs in the bottom of the canoe. H3 . Q. W ere they trading these arrows 7 A. Yes. 8±. Q. Were they trading on that particular day 7

    A. Yes . 85. Q. What is about the range of these arrows 1 A. I have made some scientific tests at various times. They vary considerably in different parts of \Vestern New Guinea. I have not made any accurate scientific tests at

    Goaribari itself; but I have where the t ribes use similar weapons. The range of the ordinary fighting fLITOw would be up to about 60 yards point-blank range. It would be just as effective, but in a different ma nner, up to 200 yards. If they knew that there was a n object which t hey

    wanted to bit a t that distance, they would fire with a very high trajectory, and they would take t heir chance of one of the arrows hitting it. 86. Q. Do you know whether these ar ro ws are poisoned or A . I think not. I have not yflt found a poisoned

    arrow in that part of New Guinea. Of cou r se, t hey are very often very dirty ancl filthy, and might perhaps cause blood-poisoning. 87. BY HIS HONOR: Q. \Vhat length of arro w do

    they use? A. They vary from 2 ft. 6 in. to 5 ft. 6 in. The bow varies in length also. I have seen bows as lon g as 6 ft. 9 in. Of course you will get them from 18 inches long, which are given young lads to learn with, and which are also used in the initiation customs of the natives.

    88. BY MR. INNES : Q. vVhat would be the length of the bow an adult native of Goaribari would A. About 4 ft. 9 in. to 5 ft. 6 in. usually. 89. Q. Those were the descript ion of bows you saw t hat morning 1 A. Y es, most of them would be that. I do

    not remember seeing anything special in their weapons that day. 90. BY HIS HONOR: Q. Do they carry their bows A. Yes, always strung, unless it is being carried for

    some special purpose. I do not think they move from their house on any occasion without arms. 91. BY MR. I :rNES : Q. vVere the arrows sheathed, or were they .tl. I saw a good many loose, and I saw

    a good many put up in sheaths. They are sections of bamboo hollowed out with one end of the section left in, and the other end is filled with a so r t of stopper made of ti-tree bark

    G

    45

    Ill

    26 July, 1904.

    92. Q. They were trading this morning for those arms 7 A. Yes. 93. Q. Had they any other anus 1 A. Yes; occasion:tlly you would see a stone club, but not often at Goaribari. The coa.st natives have not got very many.

    94. Q. They depend almost entirely upon their bows and arrows 1 A. Yes. 95 . Q. Did you, on t hat morning, make any inquiries as to where the ringleaders in the Chalmers massacre were : or make any inquiries on t he subject. of the massacre at _ all ? A. I knew four of the men who were wanted. I

    had seen them previously. 06. Q. You were with Sir George Le Hunte on his 1902 ex pedition 7 A. Yes; I had seen these four men pre­ viously; and, as I did not see them about in the crowd, I questioned some of the other natives as to their where, a bouts. They t old me the villages to which they belonged, and also told me t hey were abou t . That was about

    mid-day. The same thing occurred during the afternoon. These inquiries take a long time to find out. 97. Q. Can you speak the language at all? A . Not the Goaribari. I can speak K iwai.

    91:1. Q. Can you communicate with these natives at all 1

    A. With some of t hem, but not all. They (some of them) understand the Kiwai. They speak a sort of "pidgin" Kiwai which is understood. 99. Q. You knew of course that Kemeri was there ; did you ask about him at all ? A. Yes; I inquired as to

    where be was. 100. Q. Didyoufind outwherehewas? A . Yes. Well, we heard several stories. 101. Q. As a matter of fact, you never saw him 1 A. No. They told us he was in three different places ; so that we came to the conclusion they were telling us falsehoods, as far as he was concerned.

    102. Q. You say you knew these four men that were the ringleaders, and the four men whom Sir George Le H unte had demanded . Did you see any of them 7 A. I two

    of them during the afternoon. I saw Iake, the man who actually kill ed Chalmers; and I saw a man named Ema, who killed Tomkins. They were really the two principal oflenders.

    103. Q. \Vhere were they when you saw them? A. In canoes round the ship. 'rt1at was on Saturday afternoon. 10·i. Q. Did you have any communication with them 1 A. Yes; I was talking to E m a for some time; first of all from the landing of the "Merrie England" and afterwards

    I was in his C< moe with him. 105. Q. What happened 1 A . I was making some in­ quiries as to the whereabouts of the other man, because it. had been decided t hat these men had to be arrested under any ci rcumstances, it did not matter where they were; and, seeing t hat I ake was there present also, I thought it advisable to arres t these two men if t hey could be got together. But, while I was talkin g to Ema, I ake moved off and went away ; and I then thought it wou ld be better

    to put off the matter of the a rrest, because if we only got one man we should frighten the others. So I just sat abo ut to him, and makin g various inquiries from

    him ; and a li ttle later on Judge Robinson spoke to me fr om the ship, and told me that he th ought t hat I had better come back to the" Merrie England." He did not think it was safe to be in a native canoe with a known murderer ; and at the same time he sent a poli ceman out with a pair of leg-irons to me. He said "If yon can ge t the man, perhaps it would be as well to get him." H e also sent a 1·evol ver to me, and told me I had better keep some arms- he did not think it was safe for me to be

    there unarmed. 106. Q. But, as a matter of fact, you made no attempt to arrest him 1 A. No. 107. Q. You said it was decided to capture these men. By whom 1 A . l\Iyself and the A<.:ting Administrato r, l\ir. Robinson.

    Witness-A. H. Jiear.

    108. Q. When was that? A. The night previous to our arrival at Goaribari. 109. Q. You had had a talk with Mr. Robinson 1

    A. Yes, we had had several talks on the way up from Daru to Goaribari. llO. Q. And you say it had been decided that these two men should be arrested? A. Yes; and also the other two, if possible.

    Ill. Q. Did anything else happen that afternoon? A. No; there was a good deal of trading with native

    weapons and ornaments during the afternoon, until pretty late ; and I think there were a few native skulls brought along and traded for; and I ordered them· to be sent away, because we do not allow t rading in native skulls.

    112. Q. About what time did the natives leave the "Merrie England " that day ? A. I suppose they would all be well away before sundown. I did not see any there after sundown ; that is the usual thing.

    113. Q. Everything · was perfectly ordinary, friendly trading with the natives; and nothing of an extraordinary occurrence happened at all? A. No; excepting t he in­ quiries that were made.

    114. Q.You sawiake there t oo? A. Yes; Iakewent away though ; he did not stay very long that afternoon . 115. Q. "YVell now, we come to the next morning. I want you to tell me, as exactly as you can, what happened next morning, Sunday. During the night was there any

    unusual occunence in the villages t hat you noticed 1 A. No; there was nothing unusual in the villages that I knew of. 116. Q. You heard no warlike sounds? A. No; it was very quiet that night. It was said by some person on

    board the "Merrie England,"- I really do not know who said it-t.hat there were a lot of lights moving about in the village; b ut that is quite a common thing. It did strike me as being unusual.

    11 7. Q. How long experience have you had of that district 1 A. Upwards of five years now- not in

    Goaribari ; but in that district. 11 8. Q. Well, now, on the Sunday morning? A. I was up myself at daylight on Sunday morning- that would be about a quarter to five . The canoes were coming off then to the ship-stragglers coming along. There were a good many came off; I suppose there would be as many as, or more than, on t.he previous afternoon. .

    11 9. Q. So that there would be more than 600 around the vessel? A. There might not have been more; but I think there were more. At any rate, there were a great number of natives.

    120. Q. Did they come off in a straggling way, or with a combined movement ? A. They came along in a strag­ gling formation. They came from all parts of the district. We were right in the centre of a cluster of villages.

    121. Q. Were the natives dressed any differently from what they were on the previous day in the way of arms or war paint? A. No; they were not in what I k now as

    fighting costume. They, of course, wore a lot of ornaments; but the Goaribari natives always do, and are always very highly painted, or decorated. They did not have what I know to be fighting dress. That is a very peculiar h'lad­ dress, and certain peculiar shell ornaments, which arc only worn on fighting or special occasions. I did not see any of these.

    122. Q. ·were they any different frqm their appearance on the previous dn,y? 11. No, I think not. I did not

    notice anything pec uliar about their dress. 123. Q. From anythin g you saw in t heir appearrmce did you form th e op inion that they had com o out with an intention to a ttack the vessel ? il. N o ; I did not. Qu iLe

    the opposite conclusion to tha t. 12 4. Q. vVhy 1 A. Because they were there; and I saw them offering curios for trading purposes; a-nd thei r arms were just as usual. Their arrows were in their sheaths. I also saw a good many bundles of arrows tied up.

    46

    26 July, 1904,

    125. Q. Would they have these arrows tied up in this way if they had any intention of fi ghting ? A. No; they would not.. They would have had them done up in a.

    different manner entirely. 126. Q. You are of opinion that there was no attack intended at all ? A. Yes. 127. BY HIS HONOR: Q. When the arrows are done up in bark, am I to understand they are not easy to extract? Jl. Y es ; they are not for immediate use. They neYer· carry arrows like that if they are likely to be fighting or hunting.

    128 . Q. )fore like arrows for trade 1 A . Yes. 129. BY MH. INNES: Q. vVas any trading done with arrows that morning 1 A. Yes ; I believe there was. I . saw a little of it; but not very much. I spoke to Judge Robinson, and told him I thought it would be a good thing if an order were given t hat no trading should be begun that morning.

    130. Q. Had you had any conversation with Judge Robinson t hat night? Jl. Yes. 131. Q. What was it? A. He said-of course he had already said it, bnt he said it again- he thought it would

    be a good t hing if we got from eight to a dozen natives and took them away to Port Moresby as hostages, and for educative purposes ; and that, if we were not able to arrest those four offenders, we should then have some natives

    whom we could keep and detain on that account; so that, in his opinion, we should be likely to get the real offenders later on by returning these people. 132. Q. Did you agree to that? Had you any alternative scheme to suggest? A. Yes; I said I did not altogether disagree with the plan of getting hostages; but I did with the methods he proposed to adopt to detain them.

    133. Q. What did you suggest 1 A. I suggested that wB should get these men at the villages if we could not get t he other men. 134. Q. The "Merrie England" party should land and detain them 1 A. The Administrator's party. The "Merrie England " party is a different party altogether.

    13 5. Q. He did not agree with that; and, eventually, you say, a decision was arrived at, that hostages sh<;mld be detained when they callle aboard the next day 1 A. J us t so.

    13G. Q. You say these natives came round the ship on the Sunday morning. Now, I want you to t ell me what happened? A. A good many natives came aboard the ship ; there were proba,bly 20, perhaps more, perhaps less. I saw lake alongside the ship, ::;tanding on the steam launch. I tried to persude him to come on board the

    " Merrie England "; and I also sent a man to see if he

    could get Ema. 137. Q. Did you see him in the canoes around the ship 1 A. No. I had dec ided to supervise the arrest of these two men myself, with my own orderly. We got l ake on the ship ; and when he came on board my orderly arrested him.

    138. Q. Did you t ell Judge Robinson that you were going personally to arrest these men ? A . I t old him I would a ttend to the arrest of them. l3D. (] . You S< ty lake came on board? A . He did not come right on board. H e was sittin g on t he rail. I spoke to one of the natives. I called out to him in English asking if he saw the other man; and he said he had seen him, buL he had gone away again. The Judge came along close to me at the time ; and he said " I think you had better wait fL little longer ; we might get the other men." I waited

    probably fiv e minu tes ;. and I made further inquiries as to wh ere Emtt was; and they t old me he had gone right :t\\'ay to th e Yil!itgc. Then I told my orderly to arres t hke. H e got hold of him ; and was proceeding to hand­ cuff him ; but he struggled so violently that I had to assist him myself. H e kicked and bit a good deal, and struggled; and we were t hrown on to t he deck. I was underneath. H e was lying on top of me, and my orderly

    Witness-A. H. Jiear.

    top of him ; and we were there for some quarter of an

    hour or more-probably more. 140. Q. While you were struggling_ did you hear any­ thing ? A. Yes ; I beard a lot of shouting, and talking, and rifle shots.

    141. BY HIS HONOR : Q. When did you l1 ear the rifle shots ? A . I should say about five minutes after we began our struggle. I know we had not got ou r ma n

    either handcuffed or leg-ironed. I t hink it was some few minutes after we started to struggle that I heard the fir st shot. 142. Q. ·where did that first shot appear to come from? A. I could not say, your Honor. I was rather interested at the time.

    143. BY MR. INNES: Q. ·whereabouts in t he ship was this struggle taking place? A. On the foredeck. 144. Q. vVas the shot aft? A. The first shot that I

    heard was followed so soon after by quite a fusillade that I would not like to say. 145. Q. Can you say whether it was forward or aft? A. I would not like to say.

    146. BY HIS HONOR : Q. The struggle was on the starboard side? A. It was on the port side. 147. Q. You heard the rifle fire. You say it was

    followed by a fu sillade 7 A. Y es . .

    148. Q. Did the firing go on the whole time you were struggling? A . It was cont inued right up to within a minute or two of the t im e I got up ; and after I got up I heard about a dozen shots.

    149. BY Mil. INNES: Q. In your opinion t he fi ring con­ tinued for about a quarter of an hour? A. Yes, about that. 150. Q. You got up; and what happened then after securing lake? A. I walked a little along, to where I saw the native policeman with one of those men who had been captured and detained; and I saw one of t he crew of the

    "Merrie England" standing over h im with a rille in his hand, club fashion. I caught hold of him by t he sh oulder, and pulled him back, and asked him. why he struck a native when he was pinioned. I t old him to go to his

    quarters; and that it was no business of his to be inter­ fering with these men. I then went along aft; or, rather, I came round to the otherside of the ship. I sa w the

    Judge standing ther e, just alongside the alley-way. I saw him there with his rifle in his hand; or, rather, he had it leaning over. His h and was on the barrel ; and he

    moved it down towards the stock as if it was hot. I said, "Did you order the firing " ? He said " No I did not."

    H e said " I was standing near yo u all the time." I

    then said, "Have there been any natives killed 1" He said "I do not think so ; I did not see any." 151. Q. Did be say anything about firing himself 7 A. Y es. He said "I was standing near you all the time; and

    I only fired three shots; but I did not kill anyone," or "I did not hit anybody "-I am not quite sure whether he said "kill " or "hit." 152. Q. Did he say anything about. how the firing commenced- what the provocation was? A. Yes; he

    mentioned that the natives h ad been firing arrows. 153. Q. Befor e the firing commenced 1 vVell, I took him to mean that. 154. Q. Did you ask him whether there was any

    justification for the firing ? A. Y es. 155. Q. What did he say to that? A. He said "Yes,

    they were firing arrows." 156. Q. As a matter of fact I understand there is a

    standing order-do you know of it-that if th e constabulary see any native firing an arrow they are to use their rifles? A. Y es ; I do know that. 157. Q. Or if they see a native preparing to fire? A.

    Y es. In the west, with me, it is a general order that, if a native is seen putting an arrow into the bo w, he is to be injured in some way to prevent him from injuring others. 158. BY HIS HONOR : Q. I s he to be fired at at

    once ; or is a shot to be fired over his head to begin d.. W ell Your Honor, a lot depends upon the circum-

    113

    26 July, 1904.

    stances : there are some people whom we can fire over ; and it would be just as effec tive. In those places my police know they are not to fire at a man, but to fire over.: but in most mtses the man's instructions are to fire at him

    to kill him. It is a very bad plan, in most cases, to fire at a native and not to kill him. .

    159. BY MR. I NNES : Q. On board the " Merrie

    England" what was the constabulary force? A. Thirty­ nine, I believe, all told. 160. Q. W hat did they consist of? A . The Command­ ant, Mr. Bruce, t hree or four non-commissioned native officers, and the rest common

    161. Q. vVere all under the Commandant, Mr. Bruce 1 A. I had seven men of the Darn detachment there, who would be directly under my control; but they were ·all really under the Commandant's control, more or less.

    Still, on this occasion, they wouJd be under my orders. The Commandant is Commandant in British New Guinea. It is customary for the Magistrate to have some of his own men, because they know the localities; and they act as his own boat's crew.

    162. Q. ·what is your men's shooting efficiency? A. Fairly effective at short range. Up to 200 yards they are reasomtbly good shots. 163. Q. Are they armed with modern rifles 1 A. I do

    not think yo u would call them modern. It is a Lee-Enfield carbine; it is an effec tive ·weapon up to 500 yards. 164-. Q. Had you any conversation with Mr. Robinson t hen? You have told us that he said that there was a

    _justification fo r the fi ring. Did you say you agreed with him, or anything like that? A. I said " Are you sure,

    Sir, that the firing was necessary 7" and he said "Yes ; I am sure it was necessary." I said " Very well, Sir; if you are satisfied, I am." Of course there had been some other things taken place in the meantime. I had spoken to other people ; and other people had said several things to me.

    165. HIS HONOR : I understand these gentlemen arc to be called as witnesses 1 166. MR. INNES: Yes. 167 . HIS HONOR: That part of Mr. Jiear's evidence might be reserved till later on.

    16 8. Mn. INNES : Q. I don't want you to give us

    any convers:Ltion. I just want you to tell us what you saw. You say after you got up you heard about twelve shots fired ? A. Yes ; about that; probably less. 169. Q. 'l'he firing stopped very shortly after you got up 1 A. Yes.

    170. Q. Did you see the result of those shots? A.

    No; I saw no result, as a matter of fact, except empty canoes . I saw no bodies, nor anyone killed. I do not

    know that the empty canoes were a result of the firing. 171. BY H IS HONOR: Q. The natives wo uld never leave their canoes h anging about empty and unmoored unless they had special reasons 7 A. There would be some :special reason.

    172. "BY Mu. INNES : Q. But, if they were shot at, they would dive out? A . Yes. 17 3. B Y H IS H ONOR: Q. But, otherwise, would thero be anything to acco unt for an empty cano e 1 A. That is what occurred to my mind at the time. A native will

    never desert his canoe except under special circumstances; because they take a long time to make, and they only havo nati,·e tools in their district. 17 4. Q. They are quite as much at home in the water as on the land? A. I would not like to say that; but

    · they arc good swimmers. Sharks are not common ; but crocodiles are Ycry common. l7G. Q. Crocodiles or alli gators? A . Crocodiles. 17 G. Q. )· .. re t he natives afraid of them ? A. Yes; very

    much. 177. BY :Jin. : Q. It would require a man to be

    a good deal afraid before h e wo uld leave his canoe? A. Y es. H e would be either Yery )Iluch afraid ; or thcra \YOuld be something ve ry spec i

    Wit ness-A. H. Jiear.

    178. Q. At any rate, all you saw was empty canoes? A. Yes. 179. BY HIS HONOR : Q. The rest of the canoes, that were not empty, bad t hey cleared out? A. I saw some from a quar ter of a mile to a mile away from the ship, and some natives pulling their canoes up on t he shore, and other natives struggling through the mud, getting home to their village.

    180. BY MR. INNES: Q. Was that after the firing had ceased 1 A. Yes; they were all making away as rapidly as possible. 181. Q. Did you ever fi nd out from questions who fir ed that first shot 1 A. I do not know that it was the fi rst

    shot; but the Corporal of the Daru detachment of police, a man under my direct control, told me that he saw a man standing on the boom of the "Merrie England" about to fire an arrow at Captain Harvey,

    182. BY HIS HOKOR: Q. By "the boom, " do you mean--1 A. The boom t hat was extended for the

    purpose of mooring the boats. 183. Q. 'l'hat was extended from tho rail? A. Yes, it goes out from the rail on the starboard sid e. 184. BY MR. INNES : Q. I you questioned

    various other comtables of the Darn detachment; and they told you they had seen the natives shooting 'I A . They told me they had seen the corporal shoot; and that is why they fired.

    185 . Q. Did not they say they saw the natives fire ? A. 'l'hey said they saw the corporal shoot; and then they saw the natives firing arrows. 186. Q. Did you see any natives firing arrows 1 A. No.

    187. Q. Have you any idea of the number of arrows fired 1 A. No. I picked up four arrow h eads on the

    foredeck. 188. Q. Do you know if Yes ; I heard that one was and I think one was found chart-room.

    any others were found 1 A. found in the engineer's cabin ; on the bridge deck, near the

    189 . Q. If an arrow was would t he arrow be found 1 might pass over.

    fired and struck the vessel, A. Not necessarily ; they

    190. Q. But, supposing they struck, would they be found? A. Yes ; they should be found there. I think

    six were found. I found fo ur myself; or, rather, had them br ought to me, and the place was shown to me. 191 . Q. Supposing a flight of arrows was fired, would you see it while you were struggling 1 A. No. I did not know any arrows were being fired, though one came within a foot of me, or, rather, of my orderly.

    19 2. Q. All this occurred before breakfast 1 A, Y es, between seven and eight. 19 3. Q. And you say in about a quarter of an hour's time all the canoes had left the boat; and were makin" off home1 A. Yes.

    0

    19 4. Q. W hat happened after that 1 A. I sen t down for my glasses, and went on to the bridge deck, and

    co unted the canoes that were floating about empty. 19 5. Q. How many did you count? A . I have quite forgotten; but I believe it was from twenty to thirty. 196. BY HIS HONOR: Q. Of various sizes, I snppose?

    A. -Y es ; they vary considerably, from six feet long to fifty. 197. Q. Among the canoes you counted, were there any very large ones ? A. There were several of the largest size, and several of the smallest.

    198. BY MR. INNES : Q. How many natives will the largest size carry? A . As many as thirty in some of them ; but that is rare. ·

    199. Q. But of those you saw 1 A. I daresay two of them I saw would carry thirty each; if th·Jy were filled . I certainly d1d not see any canoe \\'ith thirty in it that morning round the ship.

    200. Q. The canoes are capable of holding from thirty c'!own to one? A. Y es.

    4 0. .....

    26 July, 1904.

    201. Q. That is, of the thirty empty ones you saw 1 A . Y es.

    202. Q. Are those large canoes war canoes 1 A. I do not know them as war canoes. I have heard them so

    described by people who do not know anything about it. 203. Q. \Vhat else occ urred that morning ? What happened after you saw these natives dispersing in this way ? A. \Ve went off in two parties to t he differen t

    villages, and visited several of them. 204. Q. vVho are "we " ? A. Myself and Mr. J ewell in one boat ; and the A cting Administrator, Mr. Robinson, and Mr. Bruce, the Commandant of the Constabulary, in another.

    205. 0. Was it a customary thing for you and Mr. J ewell to go together 1 A. H e used to accompany Mr. Robinson usually. 206. Q. Had he, on any other occasion, accompanied you 1 A. No. The custom was for him to accompany the A cting Administrator.

    207 . Q. Did you see Mr. Jewell shortly after the firing had ceased 1 A. Yes ; I saw him almost simultaneously with seeing the Judge, within a second or so afterwards. 208. Q. In what state or condition was Mr. J ewell ? A. H e was very excited.

    209. Q. Just tell me what was said between you? What was Mr. J ewell doing when you saw him 1 A. H e was walking up and down the deck. 210. Q. Do you know if he had been firing 1 A. I do not know.

    21 L Q. Had he a rifl e 1 A. No. H e walked quite

    close to me ; and I lward him remark "This is devilish treachery. I will write to the 7.'im es about this, and see that the world knows all about it." 212. Q. Did you hear him say anything about Mr. Robinson shooting 1 A. Yes. H e said the Judge had shot a ·good number of natives . I forget the number he said at the time. It struck me at the time as being an impossible number, I know. I know he said that the Judge had shot a number of natives, and was firing as quickly as he could load his magazine. I said to him "Calm yourself, J ewell ; it is a very serious matter; tell me how many natives have been killed." H e said "There must have been at least 200 "on the fir st occasion. I said "I think that is impossible. Be calm and tell me, because I want to know." He said "There must have been at least sixty or seventy." He said" I saw the Judge shoot fi ve in one shot." He walked about ; and I went to speak to the Judge after that.

    213. BY HIS HON OR : Q. Did the J udge overhear this conversation at all between you and Mr. J ewell ? A. I t hink not; I think he went away. I believe h e went to his room whil e I was speaking to Mr. Jewell. I also said to Jewell "How many natives did you see shot "? H e said "I do not know how many ; but all t he police were firing ; so was the Judge, and some of the crew of the

    'Merrie E ngland.' I saw the Judge shoot fi ve in one shot; and I saw Rothwell shoot one." I went to speak to the Judge after that. 2 14. Q. ·well now, after breakfast, you said, the two parties went to visit the various villages ; and t hat you and Mr. Jewell went with one. vVhat position had Mr. J ewell1

    A. He was acting Private Secretary to Mr. Robinson. 215. Q. H ow did it com e about that you and Mr. J ewell went together, and Mr. Bruce and t he Judge 1 A. I had seen that Mr. J ewell was very angry after what ha d taken place; and I thought it advisable that t hey should not be t hrown together du ring the clay; and I also wanted to :speak to Mr. J ewell ; so I went to the Judge, and I told

    him t hat I thought it would be better if the party was rean angecl . I also said to him that I could not agree to go ashore on the same footing as we we re that morning; and t hat we would have to rearrange matters, because l could not agree to be considered in charge of the party when rifle firing had taken place without my consent.

    Witness-A. H. 'Jiear.

    216. Q. What did he say to that 1 A. He mid " Very well; tell me what we had better do. Perhaps we h ad better arrange a plan now. " So we arranged that Mr. Bruce should go with him, and that 1\1r. J ewell should come with me in my boat, and that no rifle-firing should

    take place except under circumstances of actual danger to life. No measures were to be taken without I gave the order. I went back to the forepart of t he ship and saw Mr. Jewell. I said to him "I have < Lrrangcd that you are to accompany me, and Mr. Bruce is to go with t he Administrator." H e said, " I am very glad of that; but I want to sec the Judge first." He said, " I would not

    go with him." vVe both wa-lked along,

    Judge ; and he (Jewell) said "Do you wish me to go

    ashore this morning, sir 1" The Judge said " It is not part of your duty to go ashore: if you do not wish, you can stay ; but we have arranged for you to go with Mr. JiPar." He said "I am quite willing to go with Mr.

    Jiear, sir. " That is the actual eonvcrsation which took place. Later on J e we ll said to me "I would not have

    gone ashore with the Judge ; I could not. I do not know what I would have said or done." 217. Q. \V ere there other men b esides lake cl eta,ined that morning 1 A. Y es ; there \v erc eleven, I think,

    altogether. 218. Q. Besides lake? A. Yes, I think so. 219. Q. Do you know who arrested these mcn- wa,s it the constabulary force 1 A. I only saw two men b eing arrested. I have h eard who arrested them.

    220. Q. What have you heard 7 A. I have heard tha,t it was some of the constabulary, assisted by the crew of the "Merrie England." I saw two instances myself in which a native constable was struggling with a m1tive;

    anJ I saw Captain Harvey assisting him. I also saw

    afterwards, after I had secured lake, a native constable wrestling with a man. Then I saw a member of the crew of the "Merrie England " with a rifle about to hi t a ma n ; the man was handcuffed but not leg-ironed. It was t he

    constabulary, assisted by the crew, as far as I know. 221. Q. You went ashore that morning? A . Yes. 222. Q. What happened 1 Tell us what you did, shortly. A . We landed at several villages.. The Judge in sisted that his boat should take precedence; and his bm1t went ashore first in each case, and my boat followed immediately after.

    \Ve walked through several native houses, back into our boats again, and then into anoth er village. 223. Q. did the natives do ? A. They all ran

    away. 224. Q. About what was the number of your two boat­ loads 'I A. There would be n.bout eighteen in :iVlr.

    boat, ancl ttbout ten in mme. Then there

    would be two steam launches. 225. Q. Did they land 1 A. No; they did not land.

    They hacl some native co nstableA on board. · 2:2G. Q. In every village you visited the natives cle;wed out ? A. Yes ; all that day, as soon as we would leave the village, we would see a few come back. \ Ve bad no

    communication with t he natives that day. 227. Q. \Vell, next day? A. We went to more villages on thfl .Monday, a nd t he same t hing occurred- the natives n,ll ran away. As soon as we left the villages they used

    to come back, some of them. 228. Q. Did you get any communication with them 1 A. vV e did speak to a few natives t hat day ttt one village. 229. Q. Do you know what was said to tl1em ? /l. Y cs; a set story was told to t hem. T hey were told we only

    115

    26 July, 1904.

    wanted to get those four men and Tomkins' skull. We used t o inquire as to the whereabmts of those men, and as to the whereabouts of Tomkins' skull. 230. Q. Did you get any satisfaction from 1 A.

    No; we various stories.

    231. Q. Well, what became of those eleven persons who were detained as hostages 1 A. That afternoon, the

    Monday afternoon, when we got back to the ship about 5 o'clock, I had a talk to Mr. I1.obinson about the matter, a nd pointed out to h im that two or three of these men were very old men, and t ha t it was not advisable to take

    them away from their hornes. He agreed; and we decided to return these men, iLn cl make use of them by sending messages to their tribes, because we thought th

    co uld go back and tell them. That afternoon we se nt back one ; we sent him ashore to Dopima Village. That was on Monday afternoon. There had also been a number

    of canoes come round t he ship during my absence, I heard, and they had been talkir.g from some distance. They stood off perhaps a hundred yards, and spoke to their friends, who were captnr ed, on the ":Merrie England."

    2:32 . Q. That was told you on your return 1 A . Y es.

    I heard there was about a dozen canoes, with a lot of men anrl some women, who had been >peaking to t hese people on boarJ . 2:33 . Q. When you left the "l\1-crrie who was

    in A. Captain Harvey.

    234. Q. Had he just his crew 1 A . H e had the whole of his crew, with the exception of four men who were on t he launches. 235. Q. Did all the constabulary go with you 1 A. No,

    not all of them. 236. Q. vVere some left on board 1 A . Yes, four or fi ve. 237. BY HfS HONOR: Q. How many are there of the "JYierrie England? " A. I am not snre, twenty-five or twenty-six.

    238. BY MR. INNES : Q. I understand the "Merrie England" carries a N ordenfeldt 1 A. I know she has a gun of some kind ; it is up near the chart-house. 239. Q. As far as you know, no attack, or anything approaching an attack, was made on the "Merrie

    E ngland" after that Sunday morning 1 A. So far as I know, there was not. 240. Q. You have told us that, on the Monday, one prisoner was given back 1 A. On the Tuesday morning we Bent back two others.

    241. Q. In the c ;ame way, I suppose? A. No ; I took

    them back mvsPlf, and the Administrator came wit h me in the boat. "vve took them to 'l'urotere village. 242. Q. You told them to t ell the others what you

    wanted ? A. Yes; we saw a g0od many natives t hat

    morning. Th ey C3me up and spoke to us. 2+:3 . Q. Did you t ell them what you wanted 1 A . Yes ; and what we were there for. 244. BY HIS H ONOR : Q. Is Turotere to the eastern end of ·the northern side of Goaribari 1 A . No, Your

    Honor ; it is to the west of D opima. 245. Q. Where is Dopima 1 A. Dopima is the village as you go into tho ch a nnel leading to the Omati River. Dopima and Turotere arc less than a mile from each other. It is a very dens ely-populated district.

    246. (j. vVhat would he the population at that side of the island ? A . Goaribari I :;land has about 3,500 natives .

    [The Commi ssion adjourned at l p.m.]

    Witness-A. H. Jiear. 26 Juiy, 1904.

    AFTERNOON SIT'f!NG.-FIRST DAY.

    TUESDAY, 26 J ULY, 1904, 2 P.M.

    [Mr. J. Ga'l"liclc toolc shorthand notes of the evidence and proceedings. J 261. Q. They had each, th

    pended their 25 rounds, and some they had borrowed?

    ARMY HENR-Y JIEAR (previously sworn) was further examined as under:-247. BY MR. INNES: Q. Beforeweadjourned,youwere telling us the events of Monday and Tuesday; and you said that, on Tuesday, the two other prisoners were returned to the natives-you yourself, with Mr. Robinson, went to return them ? A. Yes.

    248. Q. And nothing else occurred, I believe, on the Tuesday? A. Yes ; there were other occurrences. 249. Q. Nothing you have not told us? You went

    among the villages and got into communication with them ? A. One Yillage only. 250. (J. What else happened that day? A. We went to Turotere and landed these two men; and we saw twenty or thirty natives, and spoke to several of them, and told them what we wanted, and what we had come there for; \Lnd explained that we had brought back these two men because they were old and aged men, and also so that they could go round and tell their tribesmen that the men we were taking aw-ay were not injured, and would not be killed or injured in any other way. And we told them that, if they would bring along the skull that we required, that is Tomkins' skull, and would assist in any way in tho arrest of the other three men that we wanted, we would be very glad; and that at least some of the men would be released.

    251. Q. Some of the men you had taken as hostages? A. I believe this was told to them-I myself did not do so-I bclieYe Judge Robinson told them; but he did not do so in my presence. Still I know that he did do so. He told them this through int6l·preters.

    252. Q. Did anything else happen that day? A. Yes. We went back to the " Merrie England " and several canoes came along, and brought some skulls of natives. They stood off about 70 or 80 yardR, and put the skulls into one canoe and let it adrift, and let it float with

    the tide alongside the ship. We secured the canoe, and got the skulls up on board, and found they were just

    native skulls, and not what we wanted. Some of those skulls were kept by the Administrator, and some of them were put back into the canoe; a,nd it wa,s let go a,gain. 253. Q. Did you have any communication with the natives in the canoes round about? A. Yes. vVe spoke to them about the whereabouts of this skull particularly; and also told them that these natives that were being taken away would be brought back later on.

    254: Q. Was there anything else that day, Tuesday? A. No. vVe waited about two hours after that, I think. 255. Q. And no more canoes cmne? A. No more canoes came. Several went up and down along the shore about 300 or 400 yards away, crying and calling out to us, but t'hey did not come' up close to us.

    256. Q. You left that afternoon? A. Yes; the steamer left that afternoon. She left, and went east to Orokolo. 257. Q. That is between Goaribari nnd Port Moresby? A. Yes; on the. coast-line between those two places.

    258. Q. Did you, at any time, ende::wou r to form, or ditl vou form, any estimate of how many shots were fired from the "Merrie England" on the Sunday morning 1 A. I l1ave not, myself.

    259. Q. Did you make any enquiries, or come to any yourself? A. Yes ; I inquired from the Darn

    detachment of police what ammunition they had used, and I found that they had expended all their own, ancl some that they had borrowed from other constables . 260. Q. How much did that amount to 1 A. They had 25 rounds ench, and I do not know how many they

    borrowed; I could not find that out.

    A. Some they had borrowed from the Commandant's detachment; I do not know this, but I heard the police saying that the Commandant's detachment of con­ stabulary had expended most of their ammunition; there were some recruits, comparatively new men, who had not used all theirs.

    262. Q. Do you know what their supply was? A. Yes; it was 25 rounds each. 263. Q. How many police were there on board alto­ gether, including your seven men 1 A. Thirty-nine.

    264. Q. Can you tell us who issued those rounds to the police? A. Yes, in the case of the Daru detachment,

    Corporal U ria, who was in charge of that party; and I believe the ammunition was issued to the Commandant's detachment by the sergeant, a boy named Antonio. 265. Q. 1'hen this is only you heard, about their

    having 25 rounds each 1 A. Of course, I did not see it in this particular instance in their possession, except in one or two instances. I ha,ve inspected one or two of my own men to see that they had it; I do not know whether the others had it. I instructed the Commandant to issue it to them.

    266. Q. Did you find out from your detachment, the Daru police, as to whether they had made any estimate of how many they themselves l1ad ];:illed 1 A. Yes; I made inquiries from my men; and they said they had shot, between them, fifteen natives.

    267. BY HIS HONOR: Q. You mean that the Daru. police had ? A. Yes. 268. Q. The Daru seven had ? A. Yes; they accounted for fifteen between them.

    269. BY Mu. INNES: Q. As compared with the other constabulary, what sort of shots were your men 1 Up to. 200 yards, you said that the Daru men were pretty good shots 1 A. Yes.

    270. Q. As compared with the other constabulary,-­ the remaining thirty-two, under Commandant Bruce,­ were your men better or worse 1 A. Very much better; immeasurably superior in every way, as shots.

    271. Q. You say your seven men, expending twenty­ five rounds each, said they killed fifteen; or thought they killed fifteen ? A. Y es. 272. Q. Can you tell me, did the captain of the "Merrie England," Captain Harvey, and his crew, know, before the Sunday morning, that thf'se arrests were about to .be made on the Sunday morning 1 A. I could not say; but I believe Captain Harvey knew something of it. If he did not know exactly what was to take place, I believe he knew that there were some natives to be detained if they came on board the ship.

    273. Q. Had this been spoken about generally on the way between Darn and Goaribari--this plan of taking: hostages ? A. It h ad been spoken about amongst a few of the officials.

    27 4. BY HIS HONOR: Q. I understand this was a sort of tour of inspection originally; it was intended as a tour of inspection : was that so? A. The first part of the tour was; but not the visit to Goaribari. That could hardly be called a visit of inspection ; it was a visit for a special purpose.

    275. Q. The ship had come from Port Moresby originally to Daru ? A. Yes; and she had been back again to Port Moresby before she went to Goa,ribari. 276. Q. Then she started from Port Moresby on a

    distinct expedition to Goaribari 1 A. No; she did not. She did not come from Port Moresby direct to Goaribari; she came from Port Moresby to a place off the Turama River in the Gulf of Papua ; and she waited there for our party, who were up the river in steam launches: she came there to pick us up.

    51 117

    Witness- A. H. Jiear.

    277. Q. I s that to the westward of Goaribari 1 A. Yes. 278. Q. From that point, after picking you up, so far as yo u could make out, was it not a tour of inspection, as intended by the Administrator, but a tour of a punitive character 1 A. I think not for punitive purposes by any means ; but not what we would call a general tour of inspection--not as we understand that in New Guinea. We went there for a special purpose : that purpose was to arrest t hese four men, and to endeavour to recover the skull of this Mr. Tomkins who had b een killed there. I do not think t here were any ideas whatever of a punitive expedition ; because we thought we sh ou ld b e able to arrest th ese men, and to recover the sk ull. 279. Q. Then yo u thought yo u " ·ould be able to arrest them by professing to be going on a trading expedition, trading with the natives ; or how 1 A. I did not think

    that a.t all. I did not propose to do that a bit. 280. Q. What was your proposition 1 A. My proposition was to go to t he villages where these people were, and tell them that we required the men-- these four particular men- a.nd , if we saw them, to arrest them ; and, if we did

    not see them, to stay in the locality, as long as we were a.ble to stay, to see if we could find them. 281. Q. Then your idea was to make it clear to the

    natives, a t the start, that that was what you wanted j .d. Yes. 282. Q. That you wanted to get these four men, to

    arrest them ; and you wanted to get Mr. Tomkins' skull? A. Just so. 28 3. Q. That proposal was not accepted, in that form, by Mr. Robinson? A. No; not in that form.

    284. Q. What was his proposltl, as nearly as you can remember it? A. H e proposed that, the first chance we got, we should detain some natives (he said any number up to a dozen), and k eep them ; and it did not matter how

    they wer e got. H e said it would be very easy to get them on board the "Merrie England," and entice them down into the saloon, and keep them there : we could shut them in and detain them there. And then, if we failed to

    arrest the murderers, we should have these men as host­ ages; and they could be taken away for educative purposes. And I believe that he said t o other people-h e did not say it to me -- I understand that he said on board the ship, that it would be a good thing to take away a man and

    make him a policeman. H e did not say that to me ; but I heard it said, on the ship, that he had made that

    suggestion. 285. Q. Did you represent t o him, or did it strike you to represent to him, that that would be an act which would bear to the natives the aspect of A. I pointed

    out to him that it would be difficult, after an act of that kind, for any other Government party to come along and to get into friendly negotiations with the natives. 286. Q. ·what was his reply to A. His reply was

    t hat h e thought that, as the natives had been told, on a former occasion, what we were going to do, they must expect this sort cf thing; and that the end justified the means : I remember his making use of that term

    distinctly. 287. Q. That the end justified the A. Yes.

    288. (J. Then the means which were settled upon were, that the natives were to be allowed to co me round and to go through a certain course of trading, n ot regular trading, but trade in arms, and that kind of thing, making the

    usual exch ange of arms for tomahawks and various other things that they wan ted; and then that the first opportu­ nity was to be taken to surprise them. I s that so? A. That is so.

    280. Q. Did you, or did you not, again advise Mr.

    R obinson that this was at variance with t he practice which you bad found most cond ucive to getting the nati ves to rely upon the British? A. Y es ; I told him

    that on three occasion s. A s late as the morning of the affair I told him that I did not wish to have anything to do with the detention of these natives, who were not

    26 July, 1904.

    r eally interested in the Missionary killing of some years b efore; and, if ho had no objection, I would attend to the matter of arresting the offenders, the actual offenders; and I would be glad if he would undertake to direct any

    movement that would be necessary to detain any natives whom h e wished to k eep. 290. Q. \;vhat did he say to that 1 A. He said "Very well : ca.n yo u t ell me a good man to stand by me 7"

    meaning that h e wanted a 1mt ive policeman : and I told him that I thought one of the Daru men wo uld perhaps b e t he best, as b eing the most experienced in those matters. 291. (J. Then you did give way to his id ea, did you, that at any rate the offenders, if t hey co uld be identified, were to be a rrested after the natives had appeared to be given confidence by b eing allowed to com e on board 1 A. It was not a question of giving way to his idea, Your Honor;

    I wJ:J quite agreeable to that all along, myself. The view I took of the position was this, that these men were actual offenders, ttnd they sh ould be arrested under any circum­ stances. That is the view I took then ; and I nuty say I

    still hold it. 292. Q. But :you did not think it was judicious to

    detain other persons as A. No.

    293. Q. Did you point out that there was likely to be bloodshed in consequence of this course b eing taken? A. No ; I did not mention that matter, because I did not think t here wo uld be. In my opinion, it is an extraordi­

    nary circumstance t hat was any.

    294. Q. Did not you expect that there would be rather a fierce struggle on board if an attempt were made to anest men 1 A. No, I did not ; for this reason,

    that we never allow a man to come on board the ship with his arms, not if we know it; at least, I never do (it

    appears that several did get on board the "Merrie

    England " with their arms) ; and natives, from their co uld do very little injury to anybody on board

    the ship with their arrows. 295. Q. Then you did not look on it as likely that

    any such sufficiently dangerous attack could be made by the natives from their canoes on the ship as would lead to, or justify, retaliation from the ship with firearms 1 A. No, I did not. There were none about the ship (the " Merrie England ") who had their arms on deck, with t he exception of the constabulary. I had none myself; and I beli eve the Commandant bad none.

    296. Q. But did not all the constabulary clJ,rry their carbines? A .. Y es; they al1Yays have them at hand. 207. Q. And they had had the ammunition served out to them before this 1 A. Y es ; they h ad it, for weeks before­ hand, regularly served out, and, I believe, inspected by

    t he sergeant of police. 29 . Q. Carried in belts 1 A. Thry carry it in pouches in most cases, I think ; in a few cases, I think, it is

    carried in bandoliers around their waists, but in most cases in pouches on a belt. :20 9. Q. Did not it strike you that the natives would con­ sider, in spite of some suggestion t hat had been thrown

    out by ·:rvh. Le Hunte, that t he punitive expedition that had formerly taken place-I think there were two, were tb8re A . :Not two punitive expeditions; one only. 300. Q. \Vould not the natives consider that that had

    practically wiped out the original offence? A. No; that has never occurred to me, b ecausP-, of course, I remember distinctly telling t hem different myself. 301. (J. Y ou considered that t hey had understood that, and that that had spread amongst th m 1 A. I have no doubt that they understood that; I ha ve not the least doubt that they understood what we told them.

    302. Q. I s that, that t h ose two villages, or tho di strict generally, was to b e considered as still liable to the arrest of tho murderers 1 A. Not that the villages wo uld be li abl e, but that those fou r men would be liable to arrest.

    \ Vell, what we t old them "·as this : t hat we would come again the follow in i:( year, and when we did come, we wished them to give up four men quietly, and also

    Witness-A. H. Jiear.

    to hand over to us Tomkins' skull ; and, if they did not do that, we would endeavour to arrest them by such means as we could ; and that if we did not arrest the m, and there was any semblance of resistance, they would be fought and punished. 'l'hat is what I told them mysp]f; and I heard Sir George L e Hunte repeat that, with this addition : he said that he would also burn Jown the

    villages where the massacre took place, that is, Dopima village, and Turotere, and Amahe village, where some of t he principal offenders lived. 303. BY MR. INNES : Q. That was in 1902 1 A. Y es.

    Of course the expedition did not go in 1903, on account of some difficulties that cropped up. \Ve were not able to go then ; and it was p ut off to this year. 304. BY HIS HONOR : Q. Th;;,t substituted two years for the one year you had mentioned ? A . Yes.

    Sir George Le Hunte was

    306. Q. Then, as far as id entifying t he murderers, if they were near at hand, and as fa r as arresting the

    lnurderers afterwardR, on board the ship or otherwise, was concerned, you thought that that would, at any rate, involve no such deception of the natives, or be likely to lead to any such violence, that any evil consequences would follow ? A. No, I did not.

    307. Q. But you did not, I understand, agree with the detention of others, so far as your opinion went 1 A. No ; I objected to it on at least three occasions ; and, in con­ versations that we had at other times, spoke about it. In

    various form s we used to discuss the matter ; and the .Judge knew quite well my view of t he matter-that I objected to it. 3013. Q. You had had a very consideral.le amount of experience with the natives? A. I have bee n in th e

    district fiv e years almost; and I have bee n over the whole of the Division now, tlJC whole of the coast. Jin e, and more of the interior than I think any other man. 309. Q. How long had the himsdf been

    there? A. H e had never been there before. 310. Q. Not at that end of the island ? A. No. 311. Q. And in New Guinea generally how long had he been? A. I think about eight months altogether he had been in the Possession. He had called at Darn once, and stayed there a day: he held a sitting of the Court there

    once-that is a ll. 312. Q. vVas t he question of your experience, as com­ pared w'ith his, brought up at all in conversation 1

    A. Only in this way, that, when he arrived at Darn on this tour, he asked me if I wou ld take charge of t he movements of the par ty, and control its operations. 313. Q. You have mentioned that. But, when it came t o a question of

    to be done, was that question (of your and his experience) touched upon ? A. I told him what I knew of the natives; and of co urse he said it was not a question of knowledge of that particular t ri be or tribes; but it was a

    question of general policy as to whethe1· tlH•y should be detained or not . 314. Q. H e seemed then to lmve set his heart upon the arrest of these men; and upon the JisGovery of l\It· Tomkins' Jf . Yes; there is no doubt about it;

    that was the purpose of the visit. 315. Q. At thtt time, how soo n was the successor of Sir George Le Hunte expected? A. It was known, I believe, the day we got to Gqa.rib9.ri, thu.t the

    52

    26 July, 1904.

    present Acting-Administrator was to be appointed. It was not known for certain; but we had information, that came, by mail from Thursday Island, round by Daru, and followed us along, that the present Administrator

    was to be appointed. 316. Q. A lmost immediately? A. \Ve did not know that; but we heard that he was tci be appointed. ::n 7. Q. As Administrator, the tenure of office by

    .T Robinso n was merely temporary-was it not 1

    A. I do not know about that. Of course I took it that it was so. 318. Q. there anything more that strikes you to

    inform the Commission, Mr . .Tiear ? A. I might say this : t hat I agreed with .T udge R obinson in this part- I do

    not think it has been asked me- l agreed with him, that it would be a good thing, in my opinion, as well as his own , if some natives were taken itway from Goaribari, or that district., to Port Moresby, or other places, for educa­ t ive purposes. It was purely a question of how they were got that I differed from him on-how they were to be obtained. I freq uently have clon e the same thing myself - taken natives from outside districts into Daru, and kept

    them there. 319. Q. By force or otherwisfl? A. I have at times

    taken them by force. Sometimes they come willingly: but I have, on at least three occasions, g iven orders to the constabulary to capture anybody they could; and I have taken a principal chief from a large district into Darn, and detained him for six months, for educative purposes. My district is in rather a peculiar position in that way, as we are very handy to Australia, and we have constant communication with Thursday I sland. I can get a man and send him over there; and it is a very good object lesson for him : and then I send him back to his home again. I send him over in the Government boat if it

    lmppens to be going, and he can see civilisation. That has been my action; and in those matters it has been upheld by the Governor on each of t hese occas ions. 320. BY MR. INNES: Q. I s that after hostilities be­ tween you and this particular village where you get the men ? A. Y es ; usuall v after trouble.

    :321. BY HIS HONOR: Q. That has been in the course of what might almost be called warfare, I suppose? 11. In most cases have been the eircumstances : there have been two tribes living near ead1 other, one of whi ch h as probably though t they bad :>ome grievance . (with the other); and they have gone <1long :1nd perhaps killed one or two of t heit· ncig bbours. Then it devolves upon

    myself to either go, or to send, and try to a rrest the

    olTenclers. Som etimes we are able to do that, and so me­ tim es we are not ; and, on one or two occasions, t he police have come in contact with the natiYe,. In trying to

    make the arrests they have been shot at by arrows, and of course they ha \·e had to retllrn the fir e ; and natives have been killed in that way in my diYision, and they have made some captures; and, if I happened to be with them, and thought it advisable to bring away any of these people, I have clone so, and have taken them away to D::1rn, and in one or two in stancPs have sent th;nn over to Thursday Island for a trip. That is the sort of thing

    that has been done for many years. 322. Q. Of course, in that course of action you did not i nve igle the people 1 A . No, not by any means; they kne w that we were after t hem, and they tried t o get

    away. ;)23. Q. But, in this case, there is no doubt that t he action of the ship did amount to inveigling the natives on board ; and then seizing them suddenly when they

    were quite unsuspicious of any sud1 idea in t he minds of the Europeans? A. Yes. 324. (.). That is wh at you thought was inj udiciou fi a nd improper 1 A. Yes; I thought so. Itold the .T udge that on two or three occasion s ; and I still think so.

    325. You did not think, and you do not think, when a man is actually a. murd<:>rer, and. is known to be liabl e.

    l.

    Witness-A. H. Jiear.

    to arrest--he knows himself, and the others may b e taken to know, that he is li able to b e arrested--that then i t is either injudicious or improper to use a certain a mount of - I do not know what to call it exactly : it is not

    treachery. You do not look upon it as treachery, in

    such a case, to arrest him in any circumstances in which you can get A. No. I mainta in that it is right to

    arrest an offender anywhere, or under any circu mstances. I told the Judge that at the t im e; and I still hold that view. 'l'hat is the way I endeavour to carry out affairs in my division. lVIy in structions to t he co nstabulary are always to effect the arres t of an offender anywhere or anyhow, alive. I have never had any other instructions myself from my superiors. .

    326. Q. 'l'hen, I suppose, it did strike you, and it would strike you under such circumstances as occ urred on this occasion, that the natives would bo likely to imagine that an arres t of others, such as did take place, would be for the purpose of either putting them to death, or of treatincr

    them in some other way than merely detaining them '7 A. I think they would think so; because, from what little I know of the native mind abou.t that district, no man is detained in any way, or taken away, except for the

    express purpose of being kill ed, and, I think, in that particular district, of being eaten. 3:!. 7. Q. And that particular district was so ignornnt of the wn,ys of Europeans that, I suppose, it was not unlikely that they would think that Europeans would deal with their prisoners in the same way? A . Yes, I think they would. Of co urse that ques tion cropped up ; because, you know, there had been a man from that district taken away before, ftnd after a lapse of nine or ten months he

    was bt·ought back again and r eleased. But it a very difficul t thing to find out or to understand what the native mind would conceive, even from that. It is

    questionable whether those natives really t hink that the man who has been brought back is the same man. 328. Q. H ow is that 1 A. It is a very deep question;

    but they do think these things at times. I have known in the Bamu River district, which is a little to the

    westward of Goaribari, that the natives have ideas of that kind. I saw the return of that man, Kemeri. I was

    present wh en h e went back, and saw him go into his village, and in spite of shouts and calling, and various explanations that he made, it .took a long while for his people to come along and recognise him, and I do not think-at any rate it would not surprise me, or anyone who knew the ways of those people, if th ey still think

    that he is not the man.

    329. Q. They think he is a fraudulent A. They have queer ideas at any rate. It is only by

    constantly mixing with these peo ple that you find out these things. 'l'hey nrc a totem is tic people, and totemism controls every action of their lives alollg there, and you have to combat that if you wiBh to find out anything about them.

    330. Q. Did you point out any oE these considerations to the A. Y es. I pointed out to him

    the fact that, unless there was no sign whatever of what has been called t reachery shown to the natives, they would be likely to gather a wrong conception from w11at was being don e, and they migh t think that these people were being taken away- at least I was certain that they would think that they were being taken away-for a bad purpose, and it would be very h ard to make th em believe

    that they were not. H e said that he thought they could get over it by taking these men and sending them back at intervals-sending back one or two men the first year, and later on sending back another one or two ; or even

    doing it at close r intervals by sending them to Daru and letting me get them home overland, which is almost an impossibility. 33 1. Q. 'l'he policy of the Admini. tration has been, I understand, from the first, to give the natives absolute confidence in the openness and reliability of the white

    H

    53 119

    26 July, 1904.

    authorities 1 A. That is the policy, as far as I know it. I have seen n o instance which would go to show that their policy was otherwise, except this particular one. 332. BY MR. INNES: Q. Are you of opinion that you could possibly have succeeded in the method you suggested, by landing, and end eavouring, first of all, to get these

    men to giv e the ringleaders up, and, if they did not

    accede t o t hat, then by t aking forceful measures 1 A . You want my opinion 7 333. Q. '7es? A. I t hink that the chances are that we would not have got the four of them.

    334. Q. Any of them 7 A. vVe may have got some of them. 335. Q. Without bloodshed? A. I think the chances are that we should not have got the four; because they are separated so widely-they belong to different villages.

    336. Q. Taking all those circumstances into considera­ tion-the difficulty of one village giving another warning, and the large number in the island, 3,000- do you think you could have got any of them without bloodshed 7 A.

    I think we should have got two. 337. Q. Without A . I could not say with­

    out bloodshed; because t he chances a re that on shore the natives would fire more arrows than on the ship. 338. Q. However, you think your plan would have suc ceeded 1 A. I think it would have suc ceeded to the

    extent of getting either one or two of them, at any rate; we should not have captured so many as we caucrht on the ship. "

    339. Q. A nd, in your opinion, would the bloodshed have been greater, or less, in the land fight ? A. I think that, as far as our party are concerned, there would have been no one injured; but I should not like to say what would

    have happened to the natives had they fired at us on shore, because I think there would probably have bee n only one or two of them killed, because they have such effective cover in the dense scrub and sago swamps, and the undergrowth is so dense.

    340. Q. You do not think there would have been any danger to your party 1 A. If I had had full control of it, I would have arranged it so that I do not think there would have been any. Of course, we make these arrests

    under special arrangements. I have not known, except in one instance, anybody to be injured in fights with natives in my division. I believe there was also one man slightly wounded at night. I think h e was sniped on the first occasion that Sir George L e Hunte went to Goaribari; but it was not in a fight.

    34 1. Q. From your knowledge of their manner of warfare if the natives had intended to attack the " Merrie England' on that occasion, what time wou ld they have chosen­ ni gh t time or day tim e 1 A. I should cer tainly say, if they intended to attack, it would be in the day-time ; because the western division of New Guinea native n ever goes ou.+. at night-he is too afraid of darkness .

    34 2. BY HI.S HONOR: Q. I underRtand that, just at the time when this affair happened, there was plenty of t ime ahead ; t here was no great hurry on account

    of the com ing on of t he so ut h-east trade winds 1 A. No; t here "·as not, at t hat ti me. The intention, when we went there, was to stay a week. 'l'h e Judge said that h e would limit the time to a wee k, or, if I found it necessary after

    we got there, if parleying and were taking

    place, if I found it necessary to extend t he time to ten days he wo uld not mind. There was no hurry on account, of the season. It was very fin e weather at that particular place wh en we got there.

    3-±3 . (J. This was during th e north-west monsoon 1 A. Ye,. 3-1-4. Q. 'l'he south-east does not come on until t he end of }larch, or the beginning of April ? A. Yes, about the beginnin g of April generally. Of cou rse you cannot tell to a few days. I have see n it earlier ; and I have seen it delayed till t he end of April, and even until May. For

    H. Jiear and vV. C. Druce.

    instance four years a!!o t he so ut h-east monsoon did not come until the middl'" of May. 345. Q. So that had not hing to do with the question of hurrying t he thing through- the weather had nothing to do with it? A . No, or should not have had.

    346. Q. Do you find that the natives of these villages clear right out, if there is any danger of being attacked, and utterly disappear, and leave their villages completely 1 A. A lot would depend on who was coming. It would depend on the nature of the party that was coming to attack them, or t hat t hey thought was coming to attack them. For instance, they wou ld go further away from a party like ours was, than they would from a party of natives like themselves who are strangers to them, but

    would no t appear so strong. 347. Q. They can get back and conceal themselves for practically an unlimited t im e 7 A. Yes. The Goaribari natives, if they wanted to go away for any length of time, would probably go O\·er to the mainland in their canoes.

    348. Q. They are able to do that 7 There is not t he

    pressure of other hostile neighbours at the back to prevent their doing so 7 A. No. The nati \·es of that district are all friendly to this extent, that they would shield one another if there was any danger. Of course, they would, as likely as not, kill members of the different tribes; they do not seem to car e about t hat. It is quite a common

    thing for the natives of one tribe to make a raid on their neighbours. That would cuu se bud friendship for a few months, and then they would be all right again. 349. Q. Scarcity of food 1 A. Probubly a scarcity of

    350. Q. But not of a,nimal food 7 A. I do not know

    whether there is an ubunduncc of unimal food or not. I have not been ubout inla,nd there ut a,ll. 351. BY lVIR. INNES: Q. Are all those tribes cannibuls 1 A. As far as we . know they ure, from. the information we have been ·able to get. They even eat their own children; mothers have been known to eat their children there. That is, of course, if you ca,n take t he informution supplied to you by the natives us being correct.

    (Witness retired.)

    WILLIAM CUNNINGHAM BRUCE was sworn and examined as lfnder :- •

    352. BY lVIR. I NNES : Q. Your name is William Cunningha,m Bruce 1 A. "William Cunningham Bruce. 353. Q. And you are t he Commandant of the Armed Native Constabulary, and Assistant Magistrate, in the British Possession of New Guinea 7 A. I am.

    354. Q. How long have you been in your present posi­ t ion as Commandant 7 A. Since November last. 355. Q. November, 1903 1 A . 1903. 356. Q. A nd were you in New Guinea before tha t? A. I fi rst went up as H eadquarters Officer.

    357. Q. How long ago? A . Last May twelve mo nths. 358. Q. May, 1903 1 A. Y es . 359. Q. The following November you were appointed Commandant 7 A. Y es.

    360. Q. I believe you were in the " Merrie England" in March last when she went with J udge Robinson to Goaribari 1 A. I was. 36 1. Q. And you, I pres ume, were in command of tho N ative Constabulary force on board ? A. Yes.

    362. Q. What did t hat force consist of 7 A . It consisted of thirty-two of the H eadquarters police and seven of the Daru detachment. 363. Q. And how were they armed 7 A. Armed with

    M artini-Enfield carbines . 364. Q. Are they the sa me carbines that are on board the " Merrie England " now 7 A. The '' Merrie England " is armed with Martini-Henry-the crew of the " Merrie

    England " is. The Constabulary is armed with Martini­ Enfield.

    26 July, 1904.

    365. Q. Are tlwr c any ca,rbines that the Constabulary a rc armed with on board the "Merrie England"? A. No. 366. Q. Do the Constabulary carry t hem with them all day, or every day, or only those on duty 7 A. It is part of t heir equipment.

    367. Q. And I pres ume those thut had not them with them would be able to get them immediately ;-they were not locked uway anywhere 7 A . No. 368. Q. What ammunition had they 7 A. ·303. .

    369. Q. And how many rounds 1 A. Every man carried thirty rounds of ammunition ; t en in his pouch, and twenty in his haversack. 370. Q. You remember the "Merrie England" arrived at Goaribai·i on the morning of Saturday, the 5th of March last 1 A. Y es.

    371. Q. And I suppose yo u had t he Constabulary there on guard ;-were they on guard 1 A. I mounted a guard . 372. Q. As you entered 1 A. Y es; as we anchored I put a guard on.

    373. Q. Did you know, at that time, that there was any­ thing intended as to taking hostages or endeavouring to capture uny natives 1 A . F rom a conversation I had had with Mr. J iear previously I had a, knowledge that they

    were going to arrest some hostages. 37 4. Q. I want you to tell me what occurred that

    Saturday morning, as far as you can without my prompting you 1 A. On the Saturday the natives came off to the ship. 375. Q. Y ou arrived sometime before lunch 7 A. About half-past eleven; and aft.er some little time the natives came round about in canoes.

    376. Q. Could you say about how many 7 A. A couple of hundred or so. 37 7. Q. A couple of hundred nutives or canoes 1 A. A couple of hundred natives.

    378. Q. Y es 1 A. A nd tho late Judge and Mr. Jiear talked to them. I really do not know what they to

    them ; but they held conversations with the nutives. 379. Q. Did anything happen ;- did t he natives come on bourd, or wa,s trading going on 1 A. Y cs ; a, good many of the natives came on board. They seemed a bit shy; but they came on board. I believe there was some

    tmcling. I did not see any trading myself. 380. Q. But nothing at all unusua,l happened that day until sundown, when the natives went away? A. No; nothing happened.

    381. Q. Did you notice whether t he natives were armed? A . Y es; they had their bows and arrows with them. 382. Q. Then nothing happened, I understand, during the night ;-did anything happen that Saturday night 7 A. No.

    383. Q. No disturbances 1 A. No. 384. Q. Had you a guurd mount ed during the night 1 A. Yes. 385. Q. The next morning, S unduy morning, as far as you know, wha,t occ urred ;- what time did you get on deck 7 A . I got up about a quarter past 7, to parade the poli ce, and inspect the arms. I fell the men in ; and the late J·udge and Mr. Jiear were talking on the fore-dec k.

    386. Q. You inspected the arms ;-can you say whetlwr the police then had that ammunition with them-thirty r ounds-which you spoke of 7 A . They would only have t en rounds in the pouch.

    387. Q. They would not have their haversacks on them at the time 1 A. No. You see, one of my habits is to

    inspect the arms every morning and see that they are clean; and so I fell the police in in the usual way at a quarter past 7 ; and the late Judge came over to me

    and told me to dismiss the police, and not inspect their urms on that morning, because falling them in would frighten t he natives away. 388. Q. vVere the natives round the vessel at that time ? A. Y es ; they appeured to be rather shy. The;r were rather more shy, I thought, than they were before ; but they were round the ship.

    121 55

    Witness-W. C. Bruce.

    389. Q. That is on Sunday morning 1 A. Yes. 390. Q. Were they about the same number, or more or less than you saw on Sn.turday? A. I do not think they were quite so many. I should think-oh, well, they wer e about t he same. I could not estimate the number of

    natives ; but my estimate is, between 200 and 300. 391. Q. Did you not ice whether they were n. ny different from what they were the previous day 1 vVere they armed any di fferently 1 Did you notice anything peculiar about them 1 A. I noticed that some of them had these armlets on.

    392. Q. Do you know whether they hn.d those on the day before 1 A. I think they did. 393. Q. In your opinion, at that time, did you think that the natives intended to attack the vessel in any wa.y 1

    A. No. 394. Q. You say that you did not inspect your constabu­ lary t hat morning? A. No; I dismissed the police. 395. Q. And about this ammunition ;-if they had ten.

    rounds with them, where was the other kept ;-could they get at it? A. They would have to go down below for it, into the hold. There is no accommodation· for the police on the "Merrie England "; and they would have to go down into the hold.

    396. Q. And, as far as you know, all the ammunition they had on them was ten rounds 1 A. That is all they had on them.

    397. Q. Are you speaking of your own men only, or of the Daru men as well ? A. I am speaking only of my own men. 398. Q. As far as you know, what happened next? What did you see next after the dismissal of your men? A. I

    went down to my cabin, and my orderly came down and t old me that Mr. Jiear wanted him to assist in arresting some natives, and asked whether T would give him per­ mission; and I said, "Certainly." I followed him up on

    deck ; and I just got out of the passage-way when a sort of struggle took place. 399. Q. Just tell me what you saw ? As far as you could see, what was the beginning of this struggle 1 A. There appeared to me to be some sort of signal. I mean to say

    that all worked in unison. They threw themselves on the natives that were on board, together. 400. Q. Of whomareyou speakingnow? A . Thenative constabulary. I saw as many as four struggling with one person, and three, and all over the decks.

    401. Q. You gave no order yourself? A. No. I was not told that this was going to ta.ke place ; I knew nothing about it. I mean to say, I had an inkling that they were going to arrest--[ interrupted].

    402. Q. But you had not any idea when it was going to take place; and you did not give any order to your

    mentodo it? A.No. 403. Q. Do you know who did 1 A. I only know from the inquiry I held afterwards. I know what my senior­ sergeant told me.

    404. Q. He is not here, is he 1 A. No. 405. MR. INNES : ·will your H onor a.llow me to ask t hat? 406. By HIS HONOR: Q. What sort of inquiry did you hold 1 A. I had him up on deck, and went into the

    mat ter. 40 7. Q .. H e isa mtive 7 A . Y es. 408. Q. I s he a reliable man 1 A. Y e3 ; a very relia.ble man.

    409. Q. The matter was fresh then 1 A. Y es . 410. Q. ·when was it you held the inquiry 1 A. That day. 411 . Q. Thesameday ? A. Yes.

    412. HIS HONOR: Yes ; I will allow that. 41:3. BY :.\'IR. H \ N E .'l : Q. Just t ell us what you asked him. and wh at he said about this 1 A. I asked l1im who gave the signal, and he said "Mr. Jiear."

    414. Q. That was the signal to arrest ? A. Yes. 41 5. Q. To arrest auyone in particula r, or toarrest--1 A. I understand it was the general arres tin3 of p,ll the men that were on board ; a.ll they c:>u ld catch,

    26 July, 1904.

    416. Q. Did you ever tell Mr. Jiear you held this

    inquiry 1 A. Yes. 417. Q. And did you tell him what your sergeant had sa.id 7 A. Y es . HS. Q. Did he say that that was so 1 A. No; he said t ha.t he only gave the signal t o arrest t he one man.

    4 HJ. Q. Y ou say the first thing you saw was t.hat these men, as if by some preconcerted signal, fell on whomever they could, a.nd endeavoured to arrest them. What was the next thing you saw 7 A. I walked down towards the

    waist of the ship, and went towards the port side, and I heard a shot ring out. 420. Q. Where did it come from 1 A. It appeared to come from just alongside Captain Harvey's cabin.

    421. Q. Is that forward or aft 1 A. Forward. 422. BY HIS HONOR : Q. That did not appear to come from the bridge 1 A . It sounded from the deck we were standing on.

    423. BY MR. INNES : Q. His cabin is on the starboard side 1 A. Yes. 424. Q. That shot was the firs t act of open hostility that you saw or heard 1 A. That was the first.

    425. Q. Did you see any arrows fired before that 1 A. No. 426. Q. When that shot went off? A. It was followed by several other shots, and I sprang over to the starboard

    side of the ship, and I saw the police outside Captain Harvey's cabin, and also in t he waist of the ship, and the late judg':\. And t hey appeared to be engaging some canoes which were almost level with the captain's cabin

    on the starboard side; and these canoes had apparently discharged arrows at the ship, because they were throwing down their bows and arrows when I got to the side of the vessel. They were armed, and had apparently discharged arrows.

    427. Q. Did you see any arrows yourself actually shot 1 A. No, not thet·e, no. 428. BY HIS HONOR : Q. How far away were these canoes from the ship 1 A. I should think they were about sixty yards away.

    429. Q. By "level" you mean right abreast 1 A. Right abreast. 43 0. BY MR. INNES : Q. When the first shot was fired I suppose the canoes were all round t he vessel; quite

    close up against i t-some of the natives were on board 1 A. Yes. Some of the natives sprang overboard; but there were some canoes nearer than the canoes they appeared to be engaging. In fact, the canoes were all round the ship.

    431. Q. After the firing started did they sheer off, or attempt to clear out 1 A . Yes, they threw down their bow s and arrows, and cleared out. 432. Q. Scurried off 1 A. Scurried off.

    433. Q. Did you , at any time, see a.ny arrows shot 1 A. Y es ; as I came to the sid e of the ship I cast my eyes down t o the stern ; and I saw two men standing in a

    ca.noe. There were fiv e men in the canoe ; and they shot arrows at the ship. 434. Q. You saw them actually shot, yourself? A. Yes. 435. Q. Those are the only a.rrows you actually saw sho t 7 A. Y es. ·I to ok a rifle off a policeman that was standing by; and t ook a shot at this canoe myself. I a imed a. t the waterline ; and they dropped their bows and

    arrows, and pulled off astern. They picked up their paddles, and cleared off. Then I heard firing on the port side of the ship ; and I crossed over; and I saw the

    occ upan ts of the launch firing ; a.nd there did not seem to be any imm inen t danger to the ship-the canoes there were clea.ring a-way from the ship-so I went back to the starboard side again ; and, when I got hack t o the stn.rboa1 ·cl side, the late J udge had shi fted his position. \Vhen I first saw him, he was fo r ward of the captain's

    cabi n ; and, wh en I came back, he had go ne down almost outside his ow n cabin ; so I had a. look, and I thought that the safety of t he ship was all righ t.

    Witness- V\' . C. Bruce.

    436. Q. Was the Judge firing then 1 A. Yes; I

    thought that they were out of arrow-range, and there was no more danger of anybody being hurt on board, and so I gave the order to cease fire. 437. Q. About how long was that after you heard the first shot 1 A. I should think about three minutes.

    43S. Q. Had all the hostages been secured at that time 1 A. No; they were still struggling on the deck. 439. Q. And amongst those struggling were some of the constabulary 1 A. Yes. They were all, practically all, the constabulary; and, of course, I heard afterwards that a couple of Europeans had a ssisted in arresting them.

    440. Q. Those constabuhtry who were assisting to sec ur·e the natives had not used their rifl es ? .A. N o ; I saw as many as four constabulary on one prisoner. If you gave them an average, we will say, of three to each prisoner, it

    would pan out about right, I think. Of course, these savages arc very active, and very strong, and they take a great deal of securing. 44 l. Q. And, besides that, they are oiled and sli ppery 1 A. Yes ; they are very greasy.

    442. Q. You then gave the order to cease firing 1

    A. Yes. 443. Q. Was that obeyed 1 A. It was obeyed by my police. 444. Q. Did firing go on after you gave the order 1

    A. Then I went over to the port side again, and sang out to the launch that I had ordered to cease firing; so they stopped firing in the launch, and then I heard my police firing on the other side, and I went back, and got very angry with them, and cuffed them, and made them pile their arms on the deck.

    445. Q. About how long would you say it was from the time you heard the fir st shot until the firing stopped altogether 1 A. All the firing did not cease then, you know. I heard some firing aft, and I went aft, and saw the chief officer fire with a ·winchester, and I told him I had given the order to cease firing, and he stopped Then I heard some shots right forward, and by the time I got forward there was nobody there; but I should think from the first shot to the last shot would be altogether about seven minutes.

    446. Q. You have been on active service 1 A. Yes; I was through the Boer war. 44 7. Q. So that, at this time, you were not very excited 1 A. No ; I was not the least bit excited.

    448. Q. I suppose it would be impossible to form an estimate of how many of the natives were killed or wounded 1 A . Impossible. 449. Q. Because they would jump away from their canoes to escape the firing 1 A. Yes; jump in again, and jump out.

    450. Q. Did you see empty canoes about there 1 A. Yes ; I saw a few empty canoes. 45 1. Q. Did you see anybody actually hit 1 A . Yes. 452. Q. How many 1 A. I estimated eight as having been probably mortally wounded.

    453. Q. I think you said that you did not think the

    natives intended any attack on this particular day 1 A. No ; I do not think so. 454. Q. You think there would have been no attack unless the arrests had been made 1 A. I think the attack was the logical sequence of the arres ts being made on board.

    455. Q. And, with regard to the firing, is it your

    opinion that the firing was necessary, from the danger in wl1ich the ship was 1 A Perfectly justifiable. 456. Q. That is, aft er the arrows had been discharged 1 A. Yes; there is no doubt in my mind .that the ship was attacked, and that the firing was perfectly necessary ; and, if it had not been prompt, probably somebody would have been killed or wounded on board the "Merrie

    England." 457. Q. But you say t hat, after the canoes got out of arrow-range--7 A, It should have stopped.

    56

    26 July, 1904.

    158. Q. It was continued too long, you think 1 A I think so. 459. Q. Can you give any estimate of how many rounc.J were fir ed 1 A. 1 know how many rounds were fired by the headquarters men.

    4 GO. (J_ Row many ? A. Seventy rounds. 461. Q. How h P. ve yo u been able t o form that estim ate 1 A. I is.;;ued the ammunition the following day to make up what had been ex pend ed.

    462. Q. To tmtke up the thirty rounds each 1 A. To make up the thirty. 'l'hey carried ten of them. 463. Q. Y ou onl y iss ued seventy 1 A. Y es. 464. (). The firing having ceased, what t ook place next; what di d you do next 1 Did yo u have any conversation with the ,Judge 'I A. I went up to the Judge and I asker! him if he had given t he order to fire, and he said "No." So I said that I would htw e t o find out who had givPn it, and I hold an inquiry, and my seniON'ergeant told me that a corporal of the Da-ru pol ice had see n a man shoo t an arrow at 0<1ptain H arvey, a nd he had shot at him.

    465. Q. And that was the first sho t fired 1 A. That was the first sho t . 466. Q. And that was discharged after a,n arrow had been shot at Captain Harvey 1 A. Yes . I r eported the . matter to the Judge, and he said that he could no t blame

    the corporal, and he thought that his action shoul d be comm ended; it was a prompt reply to the arrow, and he thought that, if he had not been so prompt, there might have been some casualties on board. I concurred with Judge R obinson.

    467. Q. You still think that 1 A. I still think so.

    (2. That was on the Sunday morning. I understand

    that you went with the Judge-there were two boats sent off to the villages 1 A. Yes. 469. Q. You and the Judge went in on e, and l\'Ir. Jiear and Mr. Jewell in another? A. Yes.

    4 70. Q. And you had your constabulary divided amongst the boats 1 A. Yes. 471. Q. Did you have any conversation witl1 t he Judge on the way regarding the matter 1 A. Yes. He askPd me my es timate of t he killed, and I told him I could not

    possibly say for certain; but I told him that I had seen eight kill ed. 472. Q. Anything more? A. No. 473. Q. v\7hen you say you saw eight killed, you mean you saw eight struck in such a way that you would think they were mortally wounded-you did not see t he bodies 1 A . No _ ; they went down.

    47 4. Q. Then yo u went on that day with Judge B.obinson visiting different vi ll ages 1 A. Yes. 47 5. (J. And lVlr. ,J iear has told us that on that day you did not see any of the natives, because they ran away as soon as you came near the villages . I s that so 1 A. That is so. vV c could not get into touch with them.

    47 G. Q. You could not get into touch with them at all that clay? A. No. 47 7. Q. Y ou came back to the "Merrie England " in the evening 1 A. Y es . ·

    478. (J. And, as far as you know, nothing had happened in the way of an attack during the clay 1 A. No. 479. Q. In fact, there was nothing in the na ture of an attack from that on t ill the t ime you left? A. There was not another shot fired.

    48 0. Q. On either side? A. No. 481. Q. On theMondaydidyougoashoreagain1 A. Yes; we went another tour round. 482. Q. And did you get into touch wi th the natives that day 1 A. I do not know; I do not think so.

    483. Q. There were, as a matter of fact, I understand, el even natives captured on the Sunday morning, as hostages 1 A. I think nine ; I am not perfectly sure. 484. Q. Three were taken back 1 A. I think two were released ; fiv e taken t o Port Moresby, and t·wo left at Daru; but I am not sure.

    Wztn esses-W. C. Bl'uce and A. J ewell.

    485 . Q. Were you with the party that took those two who were released 7 A. No. 486. Q. Y ou did not go ashore? A. N o. 487. Q. Did you stay on board, then, after the Monday? A. Yes; I stayed on board after thA second trip. I did not go ashore on the Tuesclay morning.

    57

    488 . Q. When the news arrived at Port Moresby that there was to be a Commission of J nquiry into this matter, did you have a conversation with Mr. about it

    in any way 1 A. Y es. 489 . Q. Did he express an opinion then about what had happened 1 You gave some evidence, I understand, at the inquest ? A . I had a convcrsa.tion wi th him on the

    Sunday prior to his dea.th. 490. Q. Did he refer to this matter at aJl then? A. Y es ; he referred to it: he seemed to be very worried about it. 49 1. Q. Did he say anything about taking his life, or anything like that? A. No; he did not gi \'C me the

    impression thn,t he was going to t a,ke his life ; hut he appeared to me very much worried indeed. 492. BY HIS HONOR: Q. Wbt sort of shot<> arc yo ur men 1 A. They are not particubrly good shots.

    You see, they a re the headquarters police, and I am training them. Sixteen of those t hirty-two men I had were rec ruits. 493. Q. They were half recruits then ? A . Yes; and the Papuan is not a particularly good marksman.

    494. Q. I s it a fact tha,t he generally takes a, sight, and then shuts his eyes before h e pulls t he trigger ? A. I am afraid that is so in some cases. 495. Q. In which case he may, possibly, hit his object?

    A. Probably not, unless it is something goin g very t o the ship's side. In fact, t he markl;manship was par­ ticularly bad at t hat time. 496. Q. Where a canoe is empty, I suppose it is just as

    strong evidence that the occupant has jumped into the water as that he has been shot? A. Just as strong. 497. Q. Are they good swimmers under water, and in getting away some distance before they show any signs of their presence again ? A. They are very good swimmers.

    498. Q. And, I suppose, in that is involved the ability to keep themselves pretty well cm1ccaled, and not show up much ? A. Yes. (Witness retired.)

    ARTHUU JE\VELL was sworn and examined as under :-499. BY MR. INNES: Q. Your name is Arthur J ewelH A. Y es.

    500. Q. Antl I believe, in J\

    501. Q. H ow long have you been in New Guinea 1

    A. I a rrived there on the 11th of May, 1903. 502. Q. That is last year? A. Y cs. 503. Q. Y ou were on board the "Merrie E ngland, " in the capacity of Private Secretary to Mr. Robinson, w hen she visited Goaribari on the 5th of b st 1 A . Y es.

    504. Q. Before you arrived at Goaribari, did you know that the J intended t J take som e hostagrs ? A. Y cs,

    to take priso ners. 503. Q. Do you mean the ringleaders, or do you know that h e intended to take hostages at random? A. The ringleadE>ri', if he could get them possibly.

    506. Q. Did you know what was his plan of doing t hi s ? .A . I do not. 507. Q. Did yo u know before you arri ved at Goaribari that be was goin g to do what he eventuall y did 1 A. No.

    508. Q. You h ad no idea? A. No ; no idea. 509. Q. So that, wh en t he expedition started, you knew the object waR to secure these ringleader s and .l\lr. Tom­ kins' skull ? A. Y es.

    123

    26 July, 1904.

    510. Q. But you did not know the means that were going to be used to carry it out ? A. No. 511. (J. And you did not know right up to the very time it wa s done? A. No.

    512. Q. I believe you arrived at Goaribari about half­ past 11 on Saturday morning, the 5th of March 7 A . Y es . 513. Q. And we are to'd that the natives came all

    round in canoes? A. Y es . 514. Q. Coulcl you say about ho w many? A. That afternoon ? 515. Q. On the Saturday, when you arri\·ed? A. P er­

    haps about a hundred canoes, or more, just at random. 516. Q. About how many natives would that mean ? A . They V

    518. Q. Did you notice them, to see wlwther they were armed, or had anything about them ? A. They had bows :md UITO\Yi< in large quantities in their canoes. 519. Q. Just tell us, as c!osely as yo u can, what hap­

    pened t hat Saturday aftern oo n ? A. ·when the natives were around the J·uclge Robinson and Mr. Jiear

    di d all thl"y co uld to get into communication with them, to have the ringleaders of the Chalmers massacre pointed ou t to them, and to know them by name and by sight. Many natives came on hoard that afternoon.

    520. Q. And was there any trad ing done? A. Y es. 52 1. Q . . And everything passed off in a friendly and ordinary way, as far as you could judge ? A. Y es; they left quite peaceably at about sundown.

    522. (J. Th en, next morning, the Sunday morning, about what time did you come on deck 1 .A. About half-l' ast 6. .

    523. Q. \ Yere there natives around the boat then 1 A. Y es. 524. Q. About how many ? A; Probably the same nu mber; perhaps a few more.

    525. (J . Did you notice whet her t hey were armed in the same way, or was t here any diffvrence ·j A. There wa s no difference w l1ate\·er. 5:2 G. (J. In yo ur opinion, before 1h e arres ts, was

    nny attack intPnclcd on t he " Merrie England " on the part of t he natives? A. Not t h

    A. Nnthin g whatever. 528.

    Ad ntinistrator was there at the time, and also Mr. Jiear. The natiYe police, of course, were all on board ; and, I think, the sa me men, with t he exception of one (I forget his name) of the ringleaders, were al so around the ship, and inducements were being offered to these men to come on board.

    5.30. Q. ·what do you mean hy "inducements " ? A. K niY es were hel d out to them; they were shown the ordinnry "trade." 531. Q. Articles of trade were held up in order to try and induce them to come on board and do some trade 1

    A . To come OH'r the side, yes. 532. Q. Y cs? A. There was on A man standing on t he boom on the port side who appeared very suspicious, and did not. feel incl ined to come o,·e r. In the meantime, I think the Judge had gone into hi s cabin again, and this man wa s eventuall y induced to come over t he side on to the fore-deck

    5:33 . Q. Did you find out afterwards who t hi s man was 1 A. I think t he man was lake. There were a goo d many natives on board at the time. 53- J. . (j. They had come over to trade, I suppose 7

    A. Apparently to trade. 535. Q. Y es? A. As soon as this man lake came over he was seized ; but i t seemed to be the signal for a general ;:trres t to be mad() of natins, indiscriminately, on board.

    '· 58

    Witness-A. Jewell. 26 July, 1904.

    536. Q. 'When this general arrest, as you say, was made, what then 1 A. Of co urse, there w::ts a great

    commotw: on board ; some nat ives escaped by jumping over the s1de of the ship.

    559. Q. But, at the time, you formed an idea, which afterwards you modified by saying that it is quite possible. th::tt a man may have gone out of his canoe without being hit at all? A. In some instances, sir; but again, it is

    still quite evident to me that they were hit. . 537. (J. ·where were you a t t he time 1 A. On the fore­ d,eek. Some of the natives jumped overboard ; and, as far as I could see, all made for t he shore. 560. Q. Some of them were? A. Some of them were.

    561. Q. But not all t h::tt went into the water? A. No.

    538. (J. In their canoes 1 A. Yes ; they were in their canoes. 56 2. Q. But, at the t ime, and immediately afterwards, you then had an idea that because a man went into the

    water he was probably hit? A. Yes. 539. Q. All the cano es nuue off? A. All the canoes made otf, yes. 563. BY Mn. INNES : Q. Can you tell us now about

    how many you think were hit 1 A. I can only judge by the number of em pty canoes which I saw.

    540. (J. What was the firs t overt act of hostility that you saw after that 1 A. The first act of hostility that I he<1rd was a shot fired from about amidships on the star-board side. •

    541. Q. Up to that you had seen no arrows shot?

    A. No. 542. Q. Well, after that shot-did you see where the shot from, or wh0 fired it 1 A. I could not say who

    fired 1t, nor could I say exactly where it came from. As far as I could judge, it was about amidships, opposite the Governor's cabin, on the starboard side. 543. (J. And after that shot? A. The arrest s were

    proceeding with some difficulty ; and that seemed to be the signal for a general fire, for a general independent firing. Fire was then opened on the n::ttives. 544. Q. Up to that time, h::td you seen any arrows fired? A. No.

    545. Q .. there h::td been a flight of arrows,

    were you m a pos1twn to see it? A. Y es ; I was standing by the side. 546. Q. And you do not think there w::ts any fli"'ht of arwws up to the time a general fire was opened{' A. I saw none whatever.

    54 7 . . Q. Did you .see nnyone firin:s ;-did you notice anyone m particular firing 1 A. Y es . I noticed, of course, that the police were firtng ; not 1tll of them, of course. 5.48. (J . Some of them were engaged in securing the nat1ves ? A. Y es.

    54!?. Q. Those th::tt were not securing nativ01s were firing? A. Y es . 550. Q. And any one else 1 A. Y es, the Judge was

    firing. 551. Q. Was he very excited at the time? Did he

    appear very excited 1 A. H e appeared to be quite excited, yes; although he was fi ring quite calmly. 552. Q. Did you see any of the natives hit 1 A. I saw them disappearing, falling out of their canoes into the water, apparently hit. It was a good distance; and it is impossible to say.

    553. (J. About what distance were the canoes, about this time, when the general fighting took place 1 A. The canoes were varying in distance then, some farther than others. The nearest would, perhaps, be a hundred yards away at the time.

    554. Q. Then could you t ell, or would you only conjec­ ture, that a man was wounded? A. From the way in which t hey fell out of their cu,noes, I should decidedly say they were hit.

    555. Q. Could you tell whether Judge Robinson had hit any one when he was firina 1 A. Une of his shots, I distinctly remember, undoubteclly had effect. 556. Q. I suppose you could not fo rm any estimate at all as to the total number of those hit-I mean wounded or killed- on the side of the natives 1 A. No.

    557. Q. For the reason that you could not tell, when they fell out of their canoes, whether they had done so to escape the firing, or whether they were hit 1 A. No ; you could not t ell.

    564. Q. Of co urse you cannot judge it from that, but you say that evidently so me were hit; and you have no dou bt now that some of the shots you saw fired took effect? A. Y es, undoubtedly.

    565. Q. Can you tell us now about what you think was the number of either wounded or killed-about how many shots took effect 1 A. I am certain I saw at least ten men going out, at the very lowes t, in that way.

    566. Q. You saw t en shots, at the least, take effect in that way 1 A. Yes. ·

    567. Q. About how long do you think the firing was going on ? A. For at least ten minutes. 568. Q. Were you on deck during the whole time 1 A . Yes.

    569. BY HIS HONOR: Q. These canoes have no out­ riggers 1 A. No. 570. Q. Can a native get into his canoe out of the water easily 1 A. Y es; I saw them at the time. On the

    previous afternoon a canoe capsized ; and the native got ini!o it very quickly and baled the thing out. 571. BYMn.INNES: Q. Hegotintoitfromthewater? A. Y es.

    572. Q. Then we arc told that, after that, when the canoes made off, the Commandant of the constabulary stopped the firing-gave the order to cease fire 1 A. Yes. 573. Q. And the firing e\'entually did cease-did stop altogether? A. Yes.

    57 4;. Q. That all took place before breakfast on the Sunday morning 1 A. Y es. 575. Q. Did you have any conversation with either Mr. Jiear or Mr. Robinson that morning soon after 7 A. Not with Mr. Robinson.

    576. Q. You h::td a conversation with Mr. Jiear1

    A. Not really a conversation ; the thing was being dis­ cussed, and Mr. Jiear was there. 577. Q. Can you tell us what it was 1 A . Mr. Jiear

    came to me, and I was expressing my views ; and 1\tlr. Jiear told me to--[ intermpted]. 578. Q. Could you tell us what it was you said; be­ cause we have already bad it described by lVIr. Jiear 1

    A. Do you mean how I des(·ribed the whol e thing 1 57 9. Q. Just what you said to Mr. Jiear at the time 1 A. I told him thn.t I was intensely disgusted and indignant at the whole thing, and I regarded it as a treacherous massacre.

    580. Q. You yourself had not fired, or taken any part in it at all? A. None whatever, except helping Captain Harvey when he was struggling wit h a man on the deck. 58 l. Q. You took away a belaying-pin. A. Itook away a belaying-pin.

    582. (J . You said , in Mr. Jiear's hearing, that you were intensely disgusted with this ; anything else 1 A. I think I referred to Judge Robinson at the time. 583. Q. Do you remember you gave some estimate of the number you thought were wounded or killed. A. Oh, yes, I did ; my first estimate was 200 ; that was a hasty .

    statement. 58± Q. Then, you after wards modified that 1 I mean t hat on the same day, within a few minutes, you modified that 1 A. Yes, to eighty people.

    558. BY HIS HONOR: (J. You say so now; but, at the t ime it occ urred, h::td you it in mind that, when you saw a man fall out, you thought he was hit 1 A. At the time of this one particular sbot ; but in other cases it was app>tren t, to my mind, that they were hit.

    585. Q. Then, after that, on t hA same day, you went ashore ;-two boa ts were sent ashore to visit the native

    59

    Witnes.s-A. Jewell.

    villages, and yo u went in the boat with Mr. Jiear?

    A. Yes. 586. Q. Just tell us bow that cn,me about, that you went with Mr. Jiear instead of with the Judge? A. Mr. Jiear cam e to me Afterwards and said, " 1 Y[r. Jewell, yo u are to come in my boat this mor11in g with me." I S

    "I will go nowhtore until I ha,·c spoken to His E xcel­ lency " ; and he said, " I am in charge. H is Excellency bas given me full charge of the expedition now, and you are to come with me." And I again said t hat I would go

    nowhere until I had spoken to H is Excellency myself, which I did. I asked him if he wished me to go on shore, and he said I could please myself ; it was not part of my duty; and I told him that "I did not regard it as a matter of duty, sir; if you wish me to go, I will go. " And he

    said, "Well, I thought you would go with Mr. Jiear." And I said, "Very well, sir, I will go. " 587. Q. And you, as a matter of fact, did go with

    Mr. Jiear ? A. Yes. 588. Q. Do I understand that at that time you were rather disgusted about the whole affair A. I was. - 589. Q. And did you, when you were in the boat with

    Mr. Jiear, say anything about not going with Judge Robinson. A . No. 590. Q. Did you say that you would not have gone with Judge R obinson, had he asked you to? A. No ; n ot that I remember.

    59 1. Q. But it is a fact that you were indignant at

    the affair ; and were you indignant at the part the Judge had taken in it? A. Yes; I was. 592. Q. That Sunday, then, you were with this party who visited thesr" villages ; and I understand you did not get into touch with the natives at all that day. A. N o.

    593. Q. And t he next day did you go with the boats ·again 1 A. Y es; the parties went out in exactly the same way. _ 594. Q. And how many natives were arrested, do you

    know, on the Sunday morning ? A. N ine, I believe. 595. Q. That is including l ake 7 A. Yes. 596. Q. Was it on the Monday that two were returned

    to their respective villages 7 A. 1 t hink it was on Monday that two were returned. I think it was on Monday after­ noon after the return from the-(inte1·ntp tecl). 597. Q. '\Vere two or three returned? A. Three al to­ gether.

    598. Q. One returned on one day; and two on another 1 A . Yes. 599. Q. On the Monday, you did get into touch with the na.tives, did not you-that is, when the lJOstages were returned 1 A. I did not go ashore in t he boats when that was done : that was a thing. That was after

    the return. 600. Q. Did you get into touch wi th the natives when you were ashore? A . No. 60 1. Q. Did you go on the then? A. No; I

    was on board all day. 602. Q. The whole time you we re on bo::Lrd, there was no hostile demonstration on the part of. the nat i ,·cs after the Sunday morning 7 A. Not t ha t I saw.

    603. Q. Did any of the nati,·cs, when yo u were on

    board, approach t he vessel after the Su nday morning 1 A. Not while I was on board. TIJCy c:1mc round. A few

    125

    26 July, 1904.

    canoes came round howling to friends on board ;

    but never (;ame within, I should G'lJ, a couple of hundred yards of the ship. 604. (J. Not ncar enough to speak to them 1 A. Only at a shou t ing distance. They were shouted at.

    600. ()."Were t here n,ny women amongst them ? A. No. 606. (J. Amongst tho natives who e11me close to the vessel? A. N o. 607. Q. I understand you to say that, as far as you

    saw yourself, you diu not see any arrows fi red? A . No. 608. Q. A nd you were standing on the fore-deck the whole time? A. Yes. 609. BY H IS HONOR : Q. Can you give any idea of the number of times that you saw the Governor fire­

    actually load and fire 1 A. I distinctly remember fo ur shots ; but there were some fired before that. They were tbe four last. I cannot say how ma ny he fired before t he four.

    610. Q. Those were the four last? A. The four last

    shots l1 c fired. 611. Q: What were the natives doing at that time? A. They were in a small creek, leaving a canoe, to land in t he mud.

    612. Q. W ere any of •them standing up, apparently wit h the intention of disch arging arrows at the ship at that time 1 A. No, decidedly not; they were t oo far off; they were on shore ; or, at least, just in a little creek.

    613. Q. How far was the sh ip tt t this time from the

    shore? A. F rom the I sland, or the mainland 2. 614. (J. 'rhe n earest shore? A. I should say about three or four hundred yards. 615. Q. The nearest shore was the Island, I suppose 7

    A. Y es; that was the I sland. 616. Q. How was the "lVIerric England" heading; was she ly ing with h er starboard, or port, sid e to the l sland; headmg west or heauing cast 1 A. I think, as far I can

    remember, she was lying with her port side to the I sland. 617. Q. Heading north-west, I suppose? A. Yes. 61 8.

    619. Q. But you did not see any one actually hit ? A. I am sure neither of those shots had effect. 620. Q. None of the four? A. None of t he four.

    621. Q. I forgot whether you said how long the firing continued from first to last? A . Ten minutes. 622. Q. At the least, did you say 1 A. At the least ten minutes.

    623. Q. Y ou were rather excited at the time ? A. Yes; I was excited a t the time. 624. Q. B ut., although you were excited, you t hink, as far as the time is concerned, you can g iv e a pretty clear idea; or may you have imagined it was a good deal longer

    t han it was ? A. No, sir; considering all I have

    never had reason to " :tor my opinion . 625. Q. I understand you did not hear ;::,nything of the intend ed arres t before it occu r red? A. N othing "·haten'r, 626. Q. N othing sct id to yo u ::.t all directly or in­

    directly? A . No. (W itness rcb-cd).

    At 4 p.m. the Co mmi ss!on adj onmcd until l O a.m.­ next day.

    60

    W-itn cM-R. H. Harvey, 27 July, 1904.

    MORXING SITTING.-SECOND DAY,

    WEDNESDAY, '27 JULY, 1904, 10 A. M.

    [The Commission met at the Commonwealth Offices, Sydney.]

    .

    C. E. R. MUB.RAY, EsQ ., D.C.J. (Commissioner). Mn. G. LONG I NNE;3, Barrister-at-Law, instructed by Mr. Robison, of the N.S. vV. Crown Solicitor's Office, appeared on behalf of the Commonwealth Government. Mn. ATLEE HUNT, Seet·etary, Department of Extemal Affairs.

    Mn. J-. GARLI CK, Secretary to the Commission.

    Jf1·. 11. L. Ellis toolc shm·tltancl notes nf tlte evidence and proceedings.

    ROBER'l' HENRY HAHVEY wa.s sworn and examined as under :-627. BY Mil. I NNES: Q. What is your 1 A.

    Robert H enry Harvey. 62 8. You a.re the capt:tin of the "Merrie Engln.nd"? A. Y es. 629. Q. Tha.t is the Govcmor's bwt in the New Gninea P ossession? A. Yes.

    630. Q. How long have you been captain of t he "}ferric Enghnd "? A. About years.

    63 1. Q. ·were you on her before? A. Y cs, as second and chief officer. 632. Q. H ow long have you been on the "Merrie England ? A. About 7 yea1·s. I was on the coast for 3 years as mate of a schooner.

    633. Q. Have you been much round this part of the coast, where Goaribari I sland is ? A. Yes ; I was in

    charge of t he ship each time she went t here-three times. 634. Q. You were in charge of t he vessel when Sir Geo rge L e Hunte went t here in 1901 and 1902? A. Y es. The first t ime, I anchored 4 mil es off. The second t ime; we went close in, where we anchored this time.

    635. Q. You say you were with Sir George I,e Hunte in 1902. That was the last time he visited Dopima1 A. Y es. 636. Q. Before he left, on that occasion in 1902, did you hear him say anything to the natives in the way of a r eturn visit-of what he would do, or what their position was 1 A . Yes. To the best of my recollection he said, before we left there, that as they had not complied with his wishes by giving up the skulls of Mess rs. Chalmers and Tomkins, and giving U]) the murderers, he would come back in 12 months and burn their dubus and fight them.

    637. Q. Cou ld you say whether they thoroughly umler­ stood 1 638. By HIS HONOR : Q. H ow wa>; it conveyed to them 1 A. Through interpreters.

    6:39. Q. Was any reply made, as fn.r as you know 1 A. I heard Sir George orders to the interpreters. 640. Q. But probably you cou ld judge by the appear­ a nce of the natives who were spoken to, and by t he way in which they acted, whether they understood what wa.s said to them 1 A. \Veil, to t he best of my recollection, they did seem to understand what was said. All the New Guinea natives have certain signs; they wrinkle their foreheads, for instance, as much as to say, " I understand," or, " I know. "

    641. By Mn. INNES : Q. Had you had other communi­ cations made to the natives in a simil ar way, through interpreters 1 A. Yes, I was ashore in one place where it was done.

    642. Q. Had those communications been acted u pon previously7 A. \ ¥el l, they brought off Chalmet·s' skull. 'l'hey understood then what was wanted. That was con­ veyed to them in the samQ way, through interpreters.

    643. Q. ·w ell, as a matter of fact, Sir r: 2orge Le Hunte did not come back in U months' time ·: A. No, he was Home. 644. Q. And the "Merrie England " was not in com­ mission, or something --1 A. Something had stopped her.

    645. O. So the next time you went to th e I sland was in March this year? A. Y cs, on t he 5th of March. 6-16. (). Now, before you got there, had you been told anything of what was going to happen, or the plan of operations t hat J ud gc Robinson intended to carry ou t 1

    A. No. 6-±7. Q. So yo u did not know, until you got there, what was going to take place ? A. No. G4tl. ().Well, you got to Goaribari about half past eleven on Saturday morning, the 5th of March ? A. Y es .

    649. Q. ·what was tho tirst t hing that occurred, as far 1

    as you can remember; did you sec any of the lu.rge canoes taking away the women and children 1 A. we saw

    them at the upper end of the passage. 6!'50. Q. The canoes taking the women and ch ildren to a place of safety 1 A. Yes, the passage.

    651. By HIS HONOR: Q. Going loaded, and co ming back unloaded 7 A. Y es; comi ng back with perhaps only one or two men. That is, going loaded, and coming back to t he I sland unloaded.

    652. By :M:n. I NNES : Q. As far as you know, is t hat a usual thing with the natives, when strangers come along 7 A. Yes. 653. Q. That is what usually happens 7 A . Yes, t hey take away their women and children and their goods, ornaments and toys-their t reasures, you might say.

    654. Q. W ere any •special arrangements made on the boat t hat day? A . The boats were lowered soo n after we arrived, so me of them. G55. (/.There was nothing unusual in that 7 A. No.

    656. (j. " Well, did you know on that Saturday that any nttempt was going to be made to detain any hostages 7 A. No. 657. Q. On the Saturday, we are told, the natives came round in the ordinary way. About how many would you sav 1 A . There must have been about 200 that day.

    They happened to recognise Mr. Jiear and myself. 658. (2. Did you, on that day, recognise any of th e rin"leaders in t his massacre of Chalmers and his party? Di;l you know them by sight 7 A. I did not know them ; but, on t he second occasion t hat Sir George Le Hunte was there, I was on shure with him in both of the villages and sa w two of the men. One was a man who admitted

    having knocked Mr. Chalmers on t he head. vVhat the other man had done I do not know, but he was one of the party; and Sir George L e Hunte told t hese two men to go on board t he ship, which they did not do.

    659. Q. That was the time when Sir George L e Hunte says that t he two ringleaders were pointed out to him, and he co uld have arrested them, but he thought it would be a t reacherous act ? A . Yes, that was t he time-on h is becond visit, in 1902.

    660. Q. \Ve are told that these nati\·cs came on board during the whole of that day, Saturday, and traded in the ordinary friendly way 7 A. Yes.

    61

    Witness-R. H. Harvey.

    661. Q. And nothing unusual occurred that A. No­ t hing more than wl1at you might call friendly on both sides. vVe tmded with them on that occasion. I pointed out one man to Judge Robinso n who seemed to be a very influential man among t he natives, and who gave us a good deal of assistance the time when we were there;

    and Judge Robinson arranged with him to come off and act as pilot and interpreter. 662. BY HIS HON OR: Q. W hat was t hat man's name? A. I could not tell you, Sir. H e was a low-sized man with an enormous nose. H e seemed a very jolly man.

    663. Q. vVh en you say he acted as interpreter, between whom did h e A. F rom Sir George L e Hunte

    to a Kiwai man, and from him to another native. They act through various interpreters. · 664. Q. Did h e do that on t his A. I believe

    he did. 66 5. Q. Do some of the Goaribari islanders then under­ stand Kiwai 1 A. No, not K i wai ; but they understand a nearer tribe, a tribe further to t h e west, and they under­ stand the tribe fu rth er west still.

    666. BY MR. INNES : Q. And sometimes you have to use half a do ze n interpreter s 1 A. Yes. B ut on this

    occasion we had a man "lvho had picked up some of the dialects from Kemeri, whom Sir George Le Hunte had taken away. 6 6 7. Q. You did not see Kemeri on this occasion

    A. No; we were told he was away fi shing up on t he Delta. 668. Q. \Vell, the natives left the boat about 6tmdown 1 A . Y es. 669 Q. Did you notice on t h is occasion- on the Saturday -whether they were a rmed, or h ow t hey were dressed 1

    A . The canoes were armed, and the natives had their wicker gauntlets on. 670. Q. That was on t h e Saturd:1y A . Y es. . 671. Q. Nothing out of the way happened during t he whole of that night, I A. Nothing that I know of.

    672. Q. \Veil now, we come to the next morning.

    What time did you come on deck on S unday morning? A. About six o'clock- perhaps a little earlier. 67 3. Q. At t hat time were the nati ves r ound A. Y es, t hey were ronnel the vessel wh en I got up.

    674. Q. About how many? A. About tl,at time-fiix o'clock- there might have been a hundred alongside t he ship, but they were coming off all the time from away up the inlet. 67 5. Q. vVere t hey armed in t h e same wa,y as on the

    Saturday? A. Y es, jnst the same. I saw thousands of

    arrows in t he canoes. . 676. Q. But there was nothing to lead you to believe that t hey intended any hostile attack 1 A. No, I would not say there was.

    677. Q. You say yo u came on deck about half past six 1 Who else was on deck when you came out of your A . To the best of my knowledge, the J uclge "IYas

    there, in his pyjamas; Mr. Jiear; and various members of the crew. 67 8. Q . .And, I suppose, some of the constabulary 1 A. Y es, they were up very earl y.

    679. Q. vVell now, what is the fir st thing which happened, as far as you can A. I was strolling round t he

    foredeck- [inter-r-up ted]. 680. Q. Up to then, yo u had not heard anything whatever about the arrangements for arresting the hostages? A. No. I was strolling round t h e foredeck, and, after a while

    - I suppose it must have been about a, quarter past

    seven-I had to go down below deck, and I came up again in about t en minutes or a quarter of an hour. It must have been then about a qua rter past seven. I saw a native on the port boat boom. H e was very chary about coming

    towards t he ship. There were a lot of canoes around

    the ship-about 100-and about 500 or 600 natives. :M:r. J iear was trying to get t his man on board. The

    boat booms are made fast to t he ship to keep the boat from chafing. There is a short ladder; I should my it would I

    127

    27 July, 1904.

    be about eight feet between the boom and t he water. The boom is g uyed. Th ere are fore and aft guys. 681. (J_ Mr. Jiear was t rying to persuade him to come on board. A. He was offering him a tomahawk,

    t hrough an interpreter. I t hen heard Judge l'tobinson say that they wanted that man, and they seemed very anxiOl\s to get him on board t he ship. Judge Robinson was, at that time, forward of t he vent ilator.

    682. Q. Did you find out afterward s who t hat man was? . A. E m a, I t hink. l:l e was :L tall man,- a chief. After >L

    few minutes I got, tired, and went in to dress myself in my room. J\lfy two forward windows were closed ; the side one was open. I was just in t he act of throwing off my pyjanm jacket to wash myself, when I heard a commotion.

    I looked out forward and saw a man darting along. I heard soineone say "That mau will get away." I saw t he man dart from the mast to the starboard sid e with a

    policeman after him. I rushed out; the man was astride t he rail, looking aft, with his hand holding t he shro uds. T he policeman was trying to drag him in board. I put my weight on to him, and broke his hold ; and h e fell in board. I took up t he man's left leg and said to the police

    man, "Where are your ha,ndcuffs "? and then an arrow wh izzed by my head immediately, and t hen there was a rifi e shot. T he policema,n let go his hold. 683. Q. That was the first you heard of ri Ae firing?

    A . Yes. The sound seemed to come from t he waist of the ship. Judge Robinson was standing on the foredeck 684. Q. So that the sound did not come from where Judge Robinson was 1 A. No. I immed iately tripped the

    man and he fell, and I went t o hold him. H e took my

    right hand in his right, and he attempt ed to bite i.t. I

    .Jerked my hand away and struck him on the side of the head. I ·had n ot my hand closed at the time. \Ne

    struggled ; t here were shots going on at the t ime. H e dntggecl me to t he pin-rail and he drew a brass belaying pin. Immediately I saw him draw the belaying pin to nJ e, I t hrew him on his back again, and I grabbed the belaying pin with my right hand, when I found· t hat I had no power in it. I had lost the power of two fin gers. I

    then grabbed his righ t wrist with my loft hand and pinned him. M r. J ewell came along, and I said, "Jewell, take tlmt bebying pin out of his hand." H e said, " vVbat will I do wit h it" l I f;aid, ''GiYe it to me," a.nd he did so. I

    put it b:tck in its pbce aga,in. 68 :3. Q. About l:ow long did that struggle take 1 A. I shoulr\ :.;ay >omcthi ng under fiye minutes. . 686. Q. You say about this time general firing was going on 1 A . Yes. I noticed the Judge going from where he was fonYarcl alon g t he port side.

    687. Q. 'I'hat was when you got up 1 A. During the struggle. 688. BY HIS HONOR : Q. All this st r uggle was

    taking place n ear the starboard rai l ? A. Between t he mast and the staruoard rigging. I noticed the J uclge going aft. I do not r ecollect seeing him come forward again, but I saw him forward. 1'he man dragged me to

    t he rail, and he drew the behying pin a,gain. vVe

    struggled, and he jammed me between the house and the rail, and his toe caught in my pyjama a nd I could

    not free my lPg. Tile caqwnter and a policeman came, and took the belaying pin out of his hand. The man was taken from me, and the firing ceased then. J ucl ge

    Robinson passed me immediately after, after tbe man was taken from me ; l1e passed me on the starboard side of t he house. I saw Judge Robinso n there, firing three or four shots, and the policemen too.

    689. Q. Do you mean that firin g absolutely ceased altogether. A. It had ceased a t t he time I finished my struggle, but Judge Robinson and a policeman fired afterwnrds.

    690. (J. The general firing had ceased, but Judge

    Robinson fir0d afterwards 1 A . Y e3. 69 1. Q. \ Vas he the last one to fire, as fa r as you could see A. Y cs, h e fired at lo11g range.

    Witness-R. H. H arvey.

    692. Q. I suppose you could not tell what the r esult of this fire was-whether the shots took effect or not 1 A. I saw nobody hit, or nobody float. I was below the rail most of the time.

    693. Q. You h eard no orders to fire, or signal to com­ mence firing, at all 1 A. No. 694. Q. And you say t he first shot was fired Imme­ diately after an arrow had whizzed past your h ead 1

    A. Yes. 695. Q. Do you know if it is a general order that, if the constabulary see nat ives firing, or about to fire, they are to use their rifles 1 A. It is a general order in t be

    Government service. I got it myself from Sir -William Macgregor at the time of the Green massacre at Mambare, -about 1896, I think. 696. Q. Did you make any inquiries afterwards as to the number killed or wounded 1 A. Yes. The launches went away from the ship on Sunday, and I took charge, of course, of the prisoners, while t he Government officers were away. I had them chained on the starboard side ; leg-ironed and handcuffed. I wanted to get into com­ munication with the nati ves, to t ry and make friends with them ; and gradually I got canoes to come alongside.

    697. Q. When was that 1 A . Sunday, I think. I am

    not sure whether it was Sunday or Monday. It was after the boats' parties had gone ashore. There were three women in one canoe. They were the wives of that man

    who was on the port boat boom. I do not know his name. I got them alongside the ship by giving them tobacco and matches, and through an interpreter,-one of the police­ men aboard the ship- they told me that t here were eight killed. I got the names from them, as best I could. I

    told the second officer to take the names on paper, and I handed those names to Judge Robinson when he came back. 698. Q. There was no one hit on your side; of t he

    "Merrie England " party 7 A. No. 699. Q. You say one arrow whizzed past your head. Did you see any other arrows fired 7 A. I saw no arrows fi red. I saw them on the deck.

    700. Q. How many 7 A. There were six picked up on deck, but a lot went through the awning. 701. Q. How do you know 7 A . Well, from the way they fired.

    702. Q. Did you see them 1 A. No. 703. Q. Did you hear them7 A. Yes. 704. BY HIS HO "OR: Q. You heard them. A. Yes. Two whizzed right past the lamp trimmer.

    705. Q. But you yourself did not see them 7 A. No. I saw the remains on t he deck, two on the foredeck and one aft. I was told there were six found on the de ck. 706. Q. From your experience do you think it wo uld have been possible, supposing other means had been used, - supposing the "Merrie England " party had landed, and demanded that these men should be given up, and Mr. Tomkins' skull should be h;:tnd ed over, and in case of refusal force had been used,-do you think it wo uld have been possible to capture the men in that way 1 A. Not unless the men were pointed out.

    707-708. Q. B ut if they were pointed out, and t he natives showed fight 7 A. If t he men were pointed out, and there were policemen placed to immediately pounce on them, t hey might have got them. But, on one occasi on at Cape N elson, I saw t he same thing tried, and the men got away.

    709. Q. I understand that Goaribari is a very populous district 1 A. Yes. 710. Q. And also very savage? A. Yes. They are the worst natives I have seen anywhere.

    711 Q. They are all cannib>lls, are they not? A. ·well, I have never seen them eating human fl esh ; but it is the general t hi ng round there. They will not allow white people to see them eating human iiesh.

    71 2. Q. You have been on the "Merrie England " for seven years 1 A. Yes.

    62

    27 July, 1904.

    713. Q. Has not it always been looked upon as a

    sanctuary in Sir George Le Hunte's time ;-I mean, nothing of this kind has occurred before, in the way of seizing hostages, when they come to trade 1 A. Not in 'llY time. 711. Q. Have any arrests of anyone been made on boa,rd the ship- of natives, I mean 1 A. Not to my recol­ lection.

    715. Q. That is during the last seven years 1 A. No. 716. Q. I suppose the officers' mess includes yourself as captain, and t he Governor, the Judicial A dministrator­ whoever happens to be on board. There is one mess in the saloon 1 A. Yes. Myself, and two or three engineers and the chief and second officers. There are two tables;

    t he Govemor sits at one, and I at the other. 717. Q. Any special communication wo uld not take place then, of course ; Lut still there is a general conver­ sation going on from one table to t he other 7 A. Yes.

    71 8. Q. If there bad been any general idea on th e ship of taking any general action it would not have been very exclusiv ely kept. You would have been sure to bear of it 1 A. Yes. But Judge Robinso n was a man who kept his ofticial duty very much to hi mself.

    719. Q. ·He would, then, generally, I suppose, com­ municate with his private secretary and with Mr. Jiear 1 Jl . Yes.

    720. Q. Do you know what sort of a shot he was 7 A. I could not tell you. I never saw him firing at any targets. 721. Q. You did not hear in the course of conversation 1 A. I have seen them all on the foredeck with their

    revolvers or their rifles; b ut I ne

    723. Q. H e was a man thoroughly accustomed-to the use of firearms? A. Yes; as far as 1 could see from a distance. 724. BY Mn. I NNES : Q. As a matter of fact you did not fire a shot at all on .this occasion? A. N o, I never

    expected anything like that to happen. 725. BY HIS HONOR: Q. I understand you were quite taken by surprise wh en you found this was going on, and t hat you expressed your surprise 1 A. Yes; I was very much surprised .

    726. Q. Knowing what you do of the natives, what would you have expected as the result of a sudden, and by t hem unanticipated, arrest of a number of them 1 A. That they wo uld shoot at once.

    727. Q. You would look forward to that? A. Yes. Not alone the natives there, but in other parts of New Guinea. If it had happened on I am perfectly sur e they

    would have made a hard fight to get those people from us. 728. Q. What was the general policy, then, in your experience, in regard to making all sorts of arrests. vVas it to give the natives notice beforehand, t hat something of the kind was to be done, that they were to be considered as parties to a state of war ; or was it the practice to take advantage of sudden opportunities to arrest men unawares? A. vVel l, I am not in a position to judge that, because my duty was confined to the ship. I would only be answering from hearsa,y.

    7:29. BY lVIR. INNES : (J. Still, you were on shore with Sir George Le Hunte when he refused to take advantage of hi s to seize those two men 1 A. Yes. At that

    time he went there on a mission of peace. He wanted to discover the murderers, and to recover the skulls. H e told them he would be friends if they would give up the men and the skulls.

    7:30 . BY HIS HONOR: Q. Well , then, it would be war if they did not 1 A. Yes, it would be war when he next came ·back. 73 L. BY MR. INNES: Q. Tl1c "Merrie England" carries a N ordenfeldt 7 A. Y es .

    73:2. Q. \Vere any orders g iven to have the Nordenfeldt in readiness that morning 1 A . The chief officer came and told me, about 7 o'clock, that he had given orders to the carpenter to put the ammunition near the ordenfeldt in

    Witnesses-R. H. Han'ey and E. Rothwell.

    the hoppers. I made a slight error. I said that the

    Nordenfeldt cartridges were put into the hoppers by the chief officer's orders : but the carpenter could not get the hoppers from the chief officer, as he was shaving. It was after the firing had· occurred that he put them into the hoppers. The Nordenfeldt was not fired, except by acci­

    dent, after the ftring had ceased. The carpenter did not know there was a shot in the breach, and it went off by accid ent. 733. Q. That was some t ime after the firing had all A. Y es.

    734. BY HIS H ONOR : Q. What size bullet does the Nordenfeldt A. A n'l:artini-Henry cartridge fit s it, I think. [ \Vi tness retired. J

    EDWIN ROTHWELL was sworn and examined as under :-73 5. BY Mu. INNES: Q. Your name is Edwin R oth­ well ? A. Yes.

    7 36. Q. You are the chief officer of the " Merrie

    A. Y es.

    737. Q. H ow lon g ha \·e you bee n in t hat

    A. For four years. 73 . Q. vVere you on t he "Merrie England" bcbrc A. Yes, fo r three and a-half years.

    739. Q. You haYC been seven or eight years on the "Merrie t l . About nine years. I joined in

    1893; but I was away fo r about eighteen months. I was there about four years; t hen I left for about eigh teen months ; then I went back.

    63

    740. Q. ·were you in her when Sir George Le Hunte went there, in 1901 and 19021 A. Yes. 7-1,1. Q. So you know this A. Y es.

    7-12. Q. You were there in March this year, when she went there with J udge A . Yes.

    743. Q. She got there on Saturday morning, March 51 A. Y es, about 1 or 2 o'clock. 744. Q. Up to the time of your arrival, had you heard anything about seizing A. No, I had heard

    nothing whatever. I did not know what they we re going to do. 7 45. Q. Had you any idea? A . I heard we were going there to try and get the murderers of Messrs. Chalmers and Tomkins.

    7 46. (.J. That was generally understood on the boat 1 A. Y es. 7 4 7. Q. You arrived there on Saturday morning. Did you see the natives taking away their women and across the channel ? A . No ; I cannot say that I d1d.

    At the time, we were very busy navigating the channel. it is a very intricate place to get in. 748. Q. A great number of the natives c::tme round in their A. During the afternoon a g reat many

    came off, but we had a great difficu lty in getting them near the ship. 7 49. Q. How did you overcome that difficulty 7 A. They were enticed alongside by the people on hoard showing them tomahawks and things of that description.

    750. Q. And about how many were round the vessel that A. I should say abc,ut 200 natives,

    perhaps 250. 751. Q. There was nothing unusual in the nati ves coming round 7 A . No, it is the ordinary thing. As a

    rule, they come off to t he ship, or come round the vessel within hailing distance, and hover about. 752 . Q. Did you notice whether t hey armed 7

    A. Yes; they all had bow s and arrows. 753 . (.J. As far as you know, from your experience, is that the ordinary way that a native would go A . It

    just depends on the place we go to. I n places we h;we been in the habit of visiting r egularly, they generally come off without arms.

    129

    27 July, 1904.

    754. Q. But, wh en Sir George Le Hunte said that the natives in this locality never move without arms, he was correct 1 A. Yes, he was quite correct. 755. Q. So there was nothing peculiar in their being armed 1 A. No.

    756. Q: \Vell, eventually they came on board, and were trading in a perfectly friendly and ordinary way 1 A. 0£ course, I cannot remember their coming on board on the Saturday.

    757. Q. Don't you remember their coming on the Satur­ day 7 A. No; we were very busy getting out the launch. 758. Q. As far as you know, nothing out of the way happened on the Saturday? A . No.

    759. Q. And they left about sundown 1 A . Really, I do not think t hey were on board on Saturday. 760. Q. vVell, now, we come to the Sunday morning. Nothing happened during the night 7 A. No. We had the police on guard, and one of the ship's company keeping watch ; but nothing happened.

    761. Q. Now we come to the Sunday morning. What t ime did you come on A . I was on deck at 6

    o'clock on Sund::ty morning. 762. (J. Did you notice who else was on deck at the time 7 A. No ; I did not.

    763. Q. I want you to tell us what was the first thing t hat happened , aR far as you can remember, that was out of the A. The first thing t hat happened, I

    should say-it was close on 8 o'clock in the morning; I was in my room, dressing. I had just finished shaving, and was putt ing my razor away, when I heard some scuffiing on the foredeck ; and I heard some shooting

    afterwards. I rushed out. 764 . Q. That was while you were in your cabin 1 A. Yes. I heard shooting, and then scuffiin g on the deck. I rushed out of the room to see what was the matter.

    765. BY HIS HONOR : Q. Where is your cabin. A. My cabin is the forward room on t he starboard side aft. At the time, we had a large 400-gallon tank in the rigging, on the right of my cabin, and there was a lot of Govern­ ment stores amidships; so that I could not see very well

    without going a little way forward. I ran out, and I

    saw the police scuffiing on the deck. I ran back to my room and grabbed my gun. I thought the vessel was being boarded. 766. Q. When you saw t he natives, did you notice if they were armed in the same way as on the previous day 1 A . Yes; t hey were all armed that morning.

    767. Q. But t he same way as they had been. A. I

    cou ld not say. I did not take particular notice. 768. Q. Did you see anyone firing7 A. I saw the police firing. I also saw the boat swain firing a revolver, in the waist.

    769. Q. Did you fire at all that morning. A. Yes; I took my gun. 770. Q. \Vhere was your gun 7 A . In the cabin, under­ neath the mattress. I t ook the gun from underneath the mattress, and p,ut in a few cartridges, and walked out along t he house. I saw t he police firing, and I saw two or three men in the canoes with t heir bows drawn, and arrows fitted; and some were firing.

    771. Q. You did see the natives firing. A. Y es. 772. Q. Could yo u say about how many arrows you saw fired 7 A. I could not say. It would be very hard for me to say. I could only see one portion. I could not see

    forward on account of the boats. 773. Q. From what you could see, how many arrows were fir ed, do you think. A . From t hat side, I should think about half a dozen or a dozen .

    7H. Q. No one was hit on board the "Merrie England"1 A. No; there was no one hit. 775. Q. Did !Lny of your shots take effect 7 A. \Vell, I fired mostly to frighten, more t han anything else. I ftred t hree or fou r shots. I just fired at random.

    776. Q. Do you mean that yo u fired without taking any aim 1 A. I just fired at random.

    Witne sses-E. Rothwell and E. S. McDermid.

    777. Q. You did not aim at the man who was firing. A. I just took a rough pot shot. 77 8. Q. You could not say whethet· the shots took · A. No; I do not think any of my shots took

    effect. I was a little excited at the time. 779. Q. About how long do you think this firing lasted, from the time you first heard it in the cabin till it ceased A . From the time I fi rst heard it, it might have been three minutes ; but from the time I left the cabin I do not

    t hink it was more than a minute and n half. 780. Q. Do yo u mean till the firing ceased absolutely 1 A. Y es. I do not think it lasted more than three minutes at the outside.

    781. Q. Thnt is, as fa.r as you can A. Yes.

    782. Q. After t hat, I believe, so me nine men were

    arrested 1 A . Y es, I believe there were nine men arres ted. 783. Q. Had their arrests been completed by the time the firi ng A. I could not say. I walked forward

    and I saw them on the foredeck, with the police guarding them. Someone passed an order along to cease firin g. Well, I had ceased firing before t hat, on account of my rifle jamming; and, as they were retreating, I thought it was no use firing.

    78·1. 0. I understand the natives b egf1 n t o cleat· off us ·soon as t he firing began 1 A . Y es . Some jumped out of the canoes, and used t he canoes us breastwork between them and the ship. They S\\·am the c.:anocs to the shor e.

    They swam on the far Ride of the cunocs. 785. BY H I S HONOlt: Q. Do you know the effective range of these arrows? A. The effective range of one of t hese arrows-it >vould go through a man at 100 yards quite easily. I have seen them fi re arrows nt 100 yards, and they have gone through a half-inch deal board.

    786. Q. '\Vhat would be t he thickness of an arrow-the circumference ? A . It will be pretty near an inch and a-half. 787. Q. And that would go through a man 1 A. The diameter of an arrow wou ld be from three-eighths to half an inch. There are some larger than t his.

    788. Q. Do you think they would go through a man at 100 A . I am certain.

    789. Q. You don't mean to say that it would go right A. The arrow head would go right through

    him; it would stick out the other side. I do not mean to say the arrow itself would go through him. 790. BY MR. INNES : Q. After the firing ceased, the natives did not come round at all 1 A. No, we never saw them any more that day.

    791. Q. I understand that two boats' parties went ashore, visiting the various villages ? 11. Yes. 792. Q. You stayed on board 'I A . Yes. 793. (J. Captain Harvey has told us a.bout some canoes that came over with some women to speak to the hostages. Do you remember this 1 A. Yes, t hat was on t he follow­ ing day. No one came near the vessel that clay. vVe might have sighted on e in the distance, but that was all. It was on the following day t hese canoes came off

    794. Q. Y ou remained on board till you left t he island ? A. Y es. 795. Q. During t he whole time you have been on board the " .Merrie England," do yo u remem ber any other occasion that anyone else was arrested on board ? A. No, not on board the ship.

    79 6. Q. Has the "Merrie England " been regarded, by the nat ives and by yourselves, as a sort of a sanctuary? A . W ell, she has been regarded that way. I have seen them go on Rhore and arres t. I have go ne myself ; and I have bee n told off to go on shore to l1 clp to make

    797. Q. \Vas that in t he time of wh at I mi ght call war­ fare? A . It was wh ere traders had been killed by

    natives, and ,,.c J,a,·c gone round to tl 1c villages, lowered t he bou. b, and gone and arrested ti1Clll .

    798. Q. Did yo u tell thent >l·hat yo u were coming for, tlrst of all? A. vVel l, they generall y nm awu.y ufter com­ mitting n murder, or anythin g like t hat.

    27 July, 1904.

    799. Q. But, as far as you know, no arrests have ever been made on the "Merrie England 1 A. No, sir, I cannot remember. [Witness retired.]

    EDWARD SCOTT McDERMID was sworn and examined as under :-800. BY MR. INNES : What is vour name1 A. Edward Scott McDermid. ·

    801. (J. And you second officer on board the "Merrie England "1 A. Yes. 8 02. (J . H ow long have you been oa the "Merrie

    England " 1 A. Two yec1. rs in October. 803. Q. Next October ? A. Y es. 80-i. (J. So th is is the first occasion on which you have visited Goaribari Island 1 A. Y es .

    805. Q. You were on the " M errie England " in March last, when she went there with Judge A. Y es.

    806. Q. U p to the tim e you got to Goaribari, did you know what was the obj ect of go iug to the isla nd 1 A. vVell, I was not of the obj ec t of goi11 g t here, but I heard we

    were going to tl'y and t he murderers of Mr.

    Chalmers. 80 7. Q. That was the general on board 1 A. Y es.

    801:1 . (j. But you harl not heard any particulnr plan of opcra tions-lww they we re going to arres t them, or what the ide:1 w:ts? A . No, sir; I had no id ea, whatever. 80 9. Q. Yon arrived t here on the Saturday morning, before dinner? A. Y es, sir; about 11 o'clock.

    810. Q. \ Ve are told that the natives came round in their A. Y es.

    811. Q. About how many, do you think, came round on the Saturday? A. There might have bee n from 100 to 150, or thereabouts. 812. Q. Did they come on board ? A. Yes. They did not come on board very freely at first; b ut, after a while,

    they came on board. 813. Q. Did you notice how they managed to get t hem on A. Yes. The first canoe that came along, or

    one of t he fi rst that came along, Mr. R.obinson stood on the gangway, and invited t hem up. 814. Q. How did he invite them 1 A . He beckoned to them, and offered them "trade."

    815. Q. E ve rything went on perfectly A . Yes,

    as far as I co uld see. 816. Q. During the Saturday 1 A. Yes. 817. Q. Trading was going on in the ordinary way 1 A. [

    817 ! . BY HIS HONOR : Q. Tho trading consisted of Eom ething being give n on bo th sides 1 A. Yes. 818. Q. vVhat was taken in exchange from the natives? A. Bows and arrows.

    819. Q. Principally or entirely ? Had they any other articles of trade than bow s a nd arrows? A. Merely their bows and arrows, and t heir bobos-bamboo tubes that they smoke through.

    820. BY MR. INNES : (J. Did you notice wh eth er they were armed in any way that day 7 A. They had their bows and arrows with t hem. 821. Q. And you say they were trading these bows and A . Yes.

    82:2. Q. Th ey went off about sundown, I suppose 1 A . Y es. 823. (J . A nd went hack to t heir villages 1 A. Yes. 82-t (j. There was nothing particular happened during that night 1 A. No.

    8 :25. Q. And now we come to t he Sunday morning. 1n1e n did you como on dc(·k? .11. About 6 o'clock. 8 :2 G. Q. I V ere tb e nati,·es round the vessel

    A . Yc. >. 82 7. Q. In their canoes 7 A. . Yes. 828. (J. About the same numbc1' as on the aftern oo n 1 A . Probably more.

    6 .. . v

    Witnesses-E. S. McDermid and A. Watson.

    829. Q. Dressed and armed in the same way? A. Yes, exactly the same. They have not much dress, you know . 830. BY HIS HONOR: Q. The dress, I suppose, con­ sists mainly of the gauntlet, and something round the

    waist 1 A. They had a bit of native twine and a sh ell,

    most of them. 831. BY lVfR. INNES: Q. You say you came out about 6 o'clock, and you saw them round the vessel ? A. Yes. 832. (J. And they were in the same friendly way as on the previous day? A . Yes.

    833. (J. Then you went back to your cabin? A. Yes. 834. Q. What was the first thing you heard or saw of the commotion? A. After that, I started to wash, and the carpenter came down for the hopper for the N orclen­ feldt. I went up on deck and got it, and gave it to him, and then went clown below again.

    835. Q. You say you took the hopper for the Norden­ fel dt up to the c:1rpenter on deck, and then you went to you r c:1bi n again ? A. I hnd to go on deck to get the

    hopper. My cabin is down below. 836. Q. Up to then, h ad the1·e been any c-ommotion at all? A. Not that I had noticed. 837. Q. \Yell, after that, you went b,1ck to your cabin. ·what is the next thing you h eard or saw? A. I had just finish ed washing, wh •·u I hem·d a rumpus on deck.

    838. Q. vVhere is yo ur cn,bin ? A. In tho saloon, right opposite t he Judge's room. 839. Q. Tbat is do'n1 below, of course? A. Y es. (J. You sa-y you hea rd a rumpus. Do you mean

    sounds of stl·uggling ? A . There was a rush of feet, and :1 so und of a melee, and t hen firing started . 841. Q. Had the firing star ted before you left your cabin at all 1 A. Y es . A shut went right past the port.

    I thought t hey wer e fi ring at the Rhip, it so unded so close. 842. BY HIS HONOR : Q. Your cabin is on the port side 1 A. Yes.

    843. Q. And you say a shot went past the bull's-eye light in your cabin i A. No. It j nst sounded right along­ side where I was standing. 844. BY MR. INNES : Q. What did you do when yo u heard this 1 A. I dressed myself, and wen t along the dec k.

    I walked alo ng forward, and I saw Mr. Jiear and some of the native police tying the natives to the mast. 845. Q. About how long was that from the time you heard the first shot ? A. It co uld have been no more

    than three minutes. 8'16 . BY HJS HONOR: Q. That would be the fore­ ma-st 1 A . Yes. 84 7. BY Mn. INNES: Q. W as the firing going on when you got on deck 1 A. Yes.

    Q. About h ow long did it continuo after you got

    on deck 'I A . About seve n or ten minutes. 849. Q. From the time you h Pard the first shot until the firin g absolutely ceased, h ow lo ng do yo u think it would be ·? A. vVell, a quarter of an hour I thought at the time.

    (To His Honor : I think the same now. vVh en I ca,me on deck the natives were all secured.) 850. BY Mn. INNES: (J . But the natives who had been alongside 1 A. They were clearing awa-y as fa-st as

    they could. 85 1. BY HIS HO::\OR: Q. Gettin g out of firearm range 1 Ll. Yes. 852. Q. By that time they must have been very well out of arrow range 1 A. I should think so, Your Honor.

    853. BY MR. INNES: Q. What is the arr ow range? A. About 200 yards. 854. Q. They were more th an 200 yards away wh en you got on the deck 1 A. Well, I should say so; and getting away as fast as they could. In fact, before I cam e on

    deck, I saw many of them getting away. 855. BY HIS HONOR: Q. When you sa-y that the arrow range is 200 yards, you mean with an eleva-tion of about 45 degrees ? A . Yes, at a ve ry high elevation.

    856. Q. The direct arrow range is much less than that, is it not 1 A. Oh, yes.

    131

    27 July, 1904.

    857. Q. What do you put it at? A. I do not think they would go over 100 yards at the outside. 858. BY MR. I NNE S : Q. Did you see any arrows fi red yourself 1 A. No.

    859. Q. When you got on deck, t hey were out of arrow range, and they h ad stopped firing 1 A. Yes. 860. (J . Did you make any inquiries as to what arrows had been fired 'I A. Y es, I asked particularly about how

    many arrows had been fired. 86 1. Q. From whom ditl you make inquiries? A. The crew of the vessel. 862. Q. W hat did you learn 1 A. The utmos t I could

    learn was that there were three arrows fired altogether. 863. Q. That is only from what you heard? A. Yes. 864. (J. \Ve have been told that t here were six arrows picked up on the ship? A. I heard t here were three.

    865. BY HIS HONOR : Q. Where were t he three found? A. One qn the fo r edeck; one was found near the companion ; :tnd I do not know about t he other one. 866. (J. It had somet hing, had it? A . Yes.

    867. BY lVIn. I NNES : Q. You wore on deck when the order was given to cease fire? A. Yes. 868. Q. Do you remember Mr. Bruce giving the order'? A . Yes. I r;a, w Mr. Bruce; he wa,s lLbreast of the engine­ room skylight, and he was tell ing the police to cease fu·ing then.

    869. Q. Did you sec ],im? 11. Y es ; lt c got hold of a

    native policeman and told him to stop firing. 870. Q. I suppose everyone was very excited ? A. Yes. 'l'he native police were ;;roatly excited. 87 1. Q. vll ell, after the natives went away to the shore,

    you sta-yed on board, did you 1 A. Yes, I was on board the whole clay. 872. Q. I suppose you were on board during the rest of the time the "Merrie England " was a,t Goaribari ? A. Yes.

    873. Q. Did the na-tives como otf aga-in at all, after that 1 -il. On the Monday we got three canoes alongside. They would not come on board. They got toba-cco from the captain, and were speaking to the pnsoners >vho were on deck.

    87 4. Q. Some of these, we are told, were women? A .· Y es, there were a,t least three women amongst them. (Witness retired.)

    ALEX A N DE R WATSON was sworn and examin ed as under :--8i :>. BY l\1H .. INNES: Q. Your name is Alexander ·watson 1 A. Y es.

    876. Q. You are the chief engineer of the "Merrie England " 1 A . Yes. o /7. Q. How long l1 ave yoa been there 1 A. T wo

    yoa,rs, come next Augus t . 878. Q. You h

    880. Q. W e are told you arrived at Goa-ribari Island on Saturday morning, the 5th of March ? A. Yes ; about noon. 88 1. Q. vVh at was the first thing you sa w, when you arrived at Goaribari. Did you see any natives taking away t he wom en and children across tbe channel1 A . They

    were too far olf for me to sec that, but I saw the canoes going backwards and forwards. 882. Q. \ Vas that as you were coming up the channel? A. Y es.

    883. Q. Then, a-fter that, \YC a rc told, the natives started to come round t he vessel ? A. Yes. 884.. (J. A bout how many, do you think, were round t ht> vessel that afternoon-the Sa-turday 7 A. Two or three hu ndred.

    8o5. Q. \Vere t hey arm ed 1 A. A s far as I could see, all the canoes that came off had t heir bows and arrows. 88 6. Q. Did they come on boarLl that day? A . Yes, a lot came on board. I bought some arrows myself, and gaye tobacco for them.

    66

    Witness-A. 'Watson. 2i July, 1904.

    887. Q. Did you notice wh ether they came on bo11rd readily 1 A . They seem ed to hesita te a lot, but eventu­ ally they came on board, after Mr. Robinson had a talk with them, and Mr. Jiear.

    909. Q. And you saw him sink 1 A. Yes. 910. Q. At that time h ad you seen any arrows fired 1 A. I never saw any arrows at all fi red. I heard of som e, but I never saw them.

    888. Q. How did they persuade them 1 A. They got down the accommodation ladder, and offered them t obacco, and turkey red, ami knives .

    91 1. Q. What opportunity had you for seeing them. '\Vhen you got on deck where were the natives 1 A . 'l'hey were all scampering away, each side of the ship. They would be about 2 or 3 y

    one man struggling with a native in the small steam launch which was alongside.

    889. Q. That is, they induced them to come on board by giving them "trade" 1 A. Y es. 889 2-. Q. And they did come on board 1 A. Yes, and had a look round the ship.

    890. Q. And trade went on 1 A. Y es. 891. Q. And everything was perfectly friendly, and no commotion occurred at all that day 1 A . None whatever, with the exception that I told th e third engineer to close the shutters of the launch, to see that the natives did not take anything. One of the prisoners we brought from Port Moresby with us- he was acting as a fireman-went back into the launch, and he eventually opened up one of those shutters, and was doing a bit of trade by himself. In the meantime, some of the natives came alongside ; and there were some spanners there, and they grabbed these. With that, the prisoner we had sang out, and I got on to the third engineer about it. Mr. Robinson came round, and told me not to frighten th e natives ; he would not have them frightened; he did not care if we lost a dozen

    spanners. 89:!. TO HIS HONOR : They brought the spanners ba,clc 893. BY Mn. INNES : Q. What was this prisoner 1 A. A prisoner from l'ort l\Iorcsby.

    893b. Q. He was not one of the Goaribari natives 1 A. he had been imprisoned at Port Moresby for steal­ ing. He was brought along to help to get the launch

    along. 8$! 4-. Q. I suppose they went ofi about sundown? A. Y 8 95. Q. And everything wa.s perfectly quiet during the rest of the evening, and that nigh t 1 Ll . Yes.

    896. Q. Now we come to t he Sunday morning. Were you on deck in the morning 1 Ll . I was on deck about

    half-past G or 7 in the morning. 897. Q. ·were there natives round the vessel ? A. Yes, they woke me up with the noise and jabbering. I got up, and had a walk round th e ship, and was drying myself after my bath.

    898. Q. The natives at that time were quite qu iet 1 A. Y es. 899. Q. And armed just in the same way as on the Satur­ day? A. Yes.

    900. Q. You went back to you r cabin 1 A. Y es; I was dress ing myself when the firing commenced. 901. Q. You were in your cabin when t he first shot was fired 1 A. (Inten·upted).

    902. BY HlS HONOR: (J. Where is your cabin 1 A. In the after part of the ship, on deck, by the hatchwa.y. lVly room is on the port side. 903. BY Mn. INNES: Q. W ell, did you hear tr10 firing begin as general firin::;, or one shot first of all? A. As general firing.

    90-i. Q. Then you came o::tt of your cabin 1 A. Yes. 905. Q. Had you a rifle? A. N o. 906. Q. Did you do any tir·ing7 A. N o. I never had

    a firectrm in my hand. 1 do not think I ever did ha vc

    one, except one .time wh en I went inland with Captain H arvey. 907. Q. You went out of your cabin. Just tell us what you saw 1 A. On t he starboard side, just outside the

    captain's room, I saw the Judge fire on e shot. I walk ed backwards round t he house. I two or three of the

    native constabulary firing at a man in the water. H e would be about 3 or 4 yards off the ship. I saw that

    ruan go down. 908. Q. So that, to t he bes t of your belief, he was hit 1 A. Oh, yes. I believe three men were firing at this one man in the water.

    912. Q. Supposing arrows had been fired, would you have seen them 1 A . Yes. 913. Q. And you did not see any 1 A. No. I belieYe

    the arrows were fired in t he forward part ofthe ship. 91 4. (J. By the natives on t he ship 1 A. By the nati l'es in the canoes, but in the forward part of the ship. 9 15. Q. Did you see any natives fire 1 A. No.

    9 1 G. Q. About bow long do you think the firing went on, from the first time you heard it in your cabin 1

    A. Between three and fiv e minutes. 917. Q. Did you see any other shots, besides that one, take effect on the natives 1 Ll. That was the only one I could see take effect.

    918. Q. I think you said you saw Judge Robinson fire one shot, and then you turned :ctnd walked back, and then you did not see any more of him ? A. Y es. 919. Q. Did you see anyone give the order to cease fir·ing 1 A. I heard Mr. Bruce give the order to· cease firing; I recognised his voice.

    920. Q. Did they obey him at once 1 A. Not exactly at once. He had a job with the noise. He stopped them on one side of the deck, and then went across and stopped them on the other side.

    921. Q. I believe steam was not up that morning 1

    A. No. ·when we arrived at Goaribari, I asked the

    captain how long we would be t here. H e said, "Two or t hree days," so I allowed t he fires to die out. 922. Q. How long would it ha ve taken to get steam up, in case the natives made a general attack on you 1

    A. Between four and six hours. 923. Q. So there could be no idea of any necessity for getting away in a hurry? Ll. No, we were not prepared to get away in a hurry; the told me we would be

    there two or three days, so I arranged the work accordingly. 924. Q. Did you afterwards make any inquiries as to how many arrows were fired by the natives 1 A. I am not sure whether I did or not. I do not recollect inquiring.

    925. Q. You did not hear1 Ll. There were three or

    four, as far as I can remember. 926. Q. That is what you heard 1 A . Yes. 927. Q. After the natives had got away, did you stay on board that day 1 A . Y cs, I stayed on board all t he

    time we were at Goariba; i. 928. Q. Did the natives come round again at all ? A. No, not at all. 929. Q. We are told that, on the :Monday, some canoes came round 1 A. Yes, but t hey Jid not come on board. The captain induced them to come pretty near. I think he gave some men in the canoes some tobacco. I know the women did not com e on board. 'l'hey brought some fo od to the men who had b 2en arres ted. The women

    were crying. 930. Q. I think you about some skulls which

    were brought there 1 A. Y cs ; that was on the T uesday morning, just previous t o sailing. \Ve left about 1 o'clock. 931. Q. That morning some skulls were brought to the vessel 1 A. Yes.

    932. (J. How did that come about 1 A. I believe the captain, on Monday, had t old those natives who came along­ side that if they would bring the skulls, or the skull of Mr. Tomkins, there would be no more fighting- that it would be all right. ·w ell, eventually, they told those round about. I saw three or four men in the canoe-a rather large one- and in a sm a ll canoe there was only one man, with these two skulls. They hovered about the

    67

    Witnesses-A. Watson, C. Tyscr and T. Griffin.

    forward part of the ship, and this one man got ou t of the canoe, and went in the canoe with the other man, and cast the other canoe adrift, and let it come alongside, and held it on a rope till it came to the compn nion, and then the two skulls were got out. Tiley were afterwards fo und to be nati \"C skulls.

    BY HIS HONOR : Q. That is all you know about

    the mqttcr, Mr. vVtttson ? A . Yes. (W,itness retired. )

    CHARLES TYSE R w:ts sworn and examined as under :-933. BY Mil. INNES: Q. Your name is Charles Tyser? A. Yes.

    !J3-L Q. Y ou are the second engineer on board the "Merrie England? A. Yes. 935. Q. How long have you been on board t he "Merrie :England?" A . Since November last year.

    9:36. Q. You have made only one trip to Goaribari ? A. Yes. 937. Q. You were with her last March, when she took Judge Hobinson to Goaribari ? A. Y es.

    938. Q. And yo u arrived on the 5th of March-Satur­ day morning ? A . Yes. 939. Q. T hat morning when you got there, what was the first thing yo u noticed ? A. The canoes came round,

    just a few at a time, early in the morning, gradually got nearer the ship, and some nativt>s came on board. 940. Q. Did t hey co me on boa rd at once? A. No;

    Mr. Robinson and Mr. J iear were speaking to them from the ship until they came on board. 9-!1. Q. They co uld not speak to them, because they did not understand t heir language. Did you see them?

    A. Y es, I heard t hem and saw t hem. 942. Q. Did you see t hem offer t hem anything? A. Y es, they were giving t hem knives, and Turkey red cloth, and trading stuff.

    943. Q. And then they came on board? A . Y es; after breakfast, I think it was. 944. Q. vVell, you did not get there until just before lunch? A. I cannot remember. 1 would not be certain

    what t ime it was. 945. Q. vVell, the whole of that day, natives were on board in an ordina ry way ? A. Y es. 946. Q. Did you trade at all with hem yourself ?

    A. No. 94 7. Q. Did you see them trading? A. Y cs. 948. Q. What did t hey trade ;-what did the natives give ;-I suppose they received tomahawks and t urkey red and tobacco ? A. I do not think any t rading was

    done by t he crew a t all that day. 949. Q. Did you see the natives give anything that day ;- did t hey trade t heir bows and arrows? Jl . I believe t hat on Saturday afternoon some got some bows and

    i1tTows from them.

    950. Q. About how many natives would there be round the vessel that day 1 A. It would be hard to say; about 500 or 600, I should say. 95 1. Q. And they had their bows and arrows with them 1 A. Y es.

    952. Q. They wen t away about sundown, I suppose, and we are told that nothing happened out of the way during the night? A. Nothing at all. 953. Q. W ell, now, we come to the Sunday morning;

    about what t ime did you get on deck on Sunday morning 1 A . About 6 o'clock, I think. !J54. Q. Were t he natives round the vessel then 1 A. V ery few.

    !)55 . Q. What did you do ? A. I did nothing. I waR about the deck and down Lelow in t he engine-room until very nearly breakfast-time. 95 6. Q. What was your breakfast-tim e? A. 8 o'clock.

    133

    27 July, 1904.

    957. Q. Up to that, did anything happen? A. It. was about t hat time that they managed to get t he few that they wa nted on board, and made the arrests. 958. Q. vV herc were yo u when the arrests were made 1

    A . The arrests were made about the same time as the first shot was fired . I was in the cabin. !J59. (J. You did not see the a rrests mudc 1 A. No. 960. (,}. When the first shot was fired, and you heard t he scu ffl e, what did you do 1 A. I carne out and had a look on both sides of the ship. The native police were firin g.

    96 1. Q. Did you see anyo ne else besides the native police firin g? A. No; I did not go to the forward end of t he ship. 962. (J. Did you see any natives firing 1 A. Yes, several of them.

    963. Q. About how many arrows would you say you saw iired ? A. I did not see any arrows fired at all. 964. Q. I mean the Goaribari natives; did you see

    them f-iri ng at all ? A. No, I did not sec any arrows fired by the Goaribari natives at all. !J6 5. Q. vVhen you got on deck, whereabouts were t he Goaribaris 1 A . They were jumping out of their canoes, and trying to get ashore as quick as t hey could.

    966. Q. About how far ? A. Some very close, and some 200 or 300 yards away. 967. Q. After you got on deck, you t hink there were no arrows fired? A . I do not think so; I did not see any,

    968. Q. Did you see any of the shots take effect 1 A. It is hard to say; t hey jumped into the water ; they might have been shot ; they left their canoes. 969. Q. You could not form any estimate? A. No, I could not.

    970. Q. H ave you any idea abou t how long the firing lasted 1 A . In my opinion, it was only about three

    'minutes, at the very most. The whole thing, from start to finish , did not last ten minutes. 971. (J. Have you any mea,ns of telling us about how many shots were fi red ? A. I have not.

    972. Q. vVell, then, after the natives got ashore, did you stay on board the whole day- that was the Sunday 1

    A . Y es. 9i3. Q. I understand no natives came to the vessel that day 1 A. No; I do not thnk so.

    97 4. Q. vVere yo u on board on the Monday? A. Y es. 975. Q. Did they come round the vessel that day? A. I was on board in the morning, but I was away in Mr. Jiear's boat when the launch went away in the afternoon.

    976. Q. That was going rou nd and inspecting t he viilageH? A. Yes. 9i7. Q. Then you left on the Tuesday, taking away these hostages with you? A. Y es.

    (Witness retired.)

    THOMAS GHIFFIN was sworn and examin ed as under :-978. BY MR. I NNES: Q. Your name is Thomas Griffin 1 A. Yes .

    979 . Q. And you are chief steward of the ":Merrie England " ? A . Yes. 980. (j. How long have you been on board the " Merrie England"? A. About two and a half years.

    981. Q. Then you have only been once to Goaribari 1 A. Y es. 982. Q. That was in March last, when you went there with Judge Robinson? A. Y es.

    983. Q. vVe are told you got there about half-past eleven on a Saturday morning? A. I cannot say the exact time; Saturday, some time. 98-!. (J. Did you see any natives that day? A . Y es.

    985. Q. They were round the Yessel ? A. They did not come very close to the vessel that day.

    Wi tnesses-T. Griffin and F. vV. Johnson.

    986. Q. Not that day at all? A. Not that I ean

    remember. 987. Q. Do you remember if any came on board that day 1 A . There was some trading done. 'l'hey came close to the ship. I did not see any on board on Saturday.

    988. Q. "'Well, then, nothing out of t h e way happened on Sa turday, as far as you know 1 A. No, sir. 98t Q. Things were just in the ordinary friendly tl'ading way. A. Yes.

    990. Q. Now, on the Sunday morning, wha t time did you get on deck 1 A. About a quarter past 6. 991. Q. Whereabouts is yo ur cabin 1 A. D own below, on the port sid e.

    992. Q. vVere the nati vcs r ound t he vessel at thnt

    time 1 A. Yes.

    993. Q. In cmoes 1 A. Y es. · 9!H. Q. Abou t how· many, do you think ? A. About

    995. Q. Did you stay on dock ? A. Y es, I stayed on

    deck for some time. 996. Q. Did the natives start coming on board when you were on deck? A . No, it was later on they came

    on board. 997. Q. When? A. About 7. 99 8. Q. \Vere you on deck then ? A. Y PS. 999. Q. How did they come on bmtrd ;- --were they

    trading, or what? A. Some of the native police were trading with then-:t over t h e side. 'l'hey got a few on

    board, and they were showing them round the ship. 1000. Q. vVho ? A. The native constabulary. · 1001. Q. vVell, now, what was the first yon heard; what happened 1 A. Shortly after that, about half-past 7, the firing started.

    1002. Q. Where were you at that time ? A. On the

    starboard sicle, near the gangw

    . 1005. (J. The first you h eard was a volley 7 A. Yes,

    independen t firing. \Vhen I heard the fi ring first I

    thought the ship w:w a t tacked . 1006. BY HIS HON OH.: Q. Which way were you looking when the firs t lot of shots were fired ? A. I was standing on the starboanl side, speaking to the cook, looking towards the por t side, t hrough t he g<'.lley.

    1007. Q. Abaft the captain's cn,bin 1 A. Yes ; abaft t he Governor's cabin, too. 1008. BY lVIR. INNES: (J. You were facing inboa rd 1 A. Y es.

    1009. Q. Then you could not have seen 1 A. No. 1010. (J. The first you heard was a volley of firing? A. Yes ; I saw a general r ush of three or four natives

    running and jumping overboard. Captain Harvey was struggling with a nati vc. lOll. Q. You saw some of tho Goarihari natives

    jumping overboard ? A. Y es. 1012. Q. And then yo u went more forward? A. Y es. 101 3. Q. Did you sec rmyone else struggling ? A. Captain Hal'vey and a native policeman were struggling with one of the Goa riba r i natives.

    1014. Q. You only saw one man being arrest ed?

    A. Y es . I 01 5. (J. Did you see any anows fired 1 A. N o.

    68

    27 July, 1904.

    10:?0. Q. About how long, from the beginning of t he firing unt il it ceased, would it be 1 A . Three minutes, at the outside. 1021. BY HIS HONOR: Q. Cnn you say at whom t he sh ots.were fir ed 1 Did you see any fi ri ng, or did you only hear 1t 1 A. I saw two or t hree of the policemen fire.

    The canoes, on t he side of t h e ship I was on, were ab out 150 yards from the ship. 1022. Q. Did t hey appear t o be firin g at t he can oes or at the men in the water? A. I could not sny for certain.

    I 023. Q. You do not know whether any arrow-heads were found or n ot ? A. Y es ; t here were so me arro ws

    found on bo

    1026. Q. Righ t up to t ho t ime yo u left ? A. Yes. 1027. (j. Did the natives co mo round at all ? A. A frw cam e alongRide on M onday. 1028. (.! . Tlmt was the t im e some women came alon " -side 1 A. Y es. "'

    1020. Q. And they were talking to the prisoners 1

    A. Y c'l. -

    1030. Q. And on the Tuesday do you remember a nY natives coming round with some skulls-the day you left"? A. Y es ; some na tives were to wing a canoe with some skulls, and t hey let it drift down t he stream t o us.

    1031. Q. You left on Tuesday moming ? A. Yes. I 032. Q. That is practically all you know of the affair 1 A. Yes. [Wit ness retired. J

    FREDERICK WILLIAM JOHNSON was sworn and examined as under :-1033. BY Mn. JN N ES: Q. Y our name is Frcdcrid: William Johnson 1 A.

    1034. Q. And you arc second steward on board the " Merrie England " 1 A . Y cs. 1035. Q. How long have you been on the "Merrie England" 1 A. Two years on the 1O th of August.

    1036. Q.You have been only once to Goaribari ?

    A. Yes. 1037. Q. Th at was in Ma rch last ? 1038. Q. -when you went with A . Yes.

    A. Y es Judge Robinson?

    I 039. Q. You a rrived at Goaribari on Saturday, the 5th of March ? A . Y es. I 040. Q. Did you see the natives round the vessel that day 7 A. Yes .

    1041. Q. A bout how many, do you think 1 A. There would be nbout fourteen or fif teen canoes on th e Saturday. 1042. Q. Did they come on hoard at all ? A. Yes;

    some came on board. 1043. Q. Did you see them come on board 1 A. Y es. 1044. (2 . Dirl they come on board at once, or wore they hesitating 1 A. They had to be coaxed aboard.

    104-5. Q. How were t hey coaxed? A. Tbe Governor coaxed them with som e flannel and tobacco and t hings of that kind. He went down the gang way. 1046. Q. And then they came on board ;- about how many 1 A. There were not many came on board on the Saturday-about fifteen or twenty.

    1047. Q. I suppose trading was going on 1 A. No ;

    there was not much trading going on. 1016. Q. You were on deck the whole time, from t he t ime you fi rst heard t he shot t ill t he n atives got aw ay 1 A. Y es ; I was on deck all the t ime. 1017. Q. And you saw no anows fired at all? A. No.

    101 8. Q. vVh at did t he natives appea r to be doing ? I suppose they a ttemp ted to clear out n,s fast

    1048. (J. Did you trade at all 1 A. No; there was no

    clmnce ; we t ried to, but t hey would not 1049. Q. \Vho would not 1 A. The 1050. (J. W ell, nothing happened t h at day-Saturday?

    . 1019. Q. Dia you see any of the sbots t ake effect?

    A. No; I cou ld not say whether they t ook effE-ct ;"', ot. They were jumping overboard out of t he · ·

    A. N o. I 0.51. (J . And they went away about sundown ? A. Y es. 105 2. (J. vVell, on the foll owing morning, wha t time did you com e on. de <;k that n1orning ? A . About t en

    minutes to G.

    69

    Witnesses-F. ·w. Johnson and J. Muir.

    1053. Q. Were t he natives round the vessel then 1 A. Y es. 1054. Q. A bout h ow many? A . About thirty or forty, perhaps fifty, canoes. 'rhey h ad fo ur in some canoes, six in others, and some had only one in.

    1055. Q. You were on deck a little after 6 ;-wh en did you see any natives come aboard that day 1 A . They started to come aboard abo\l t half-p ast 6. 10j6. Q. Did t hey come on board at once on the

    Sun day 1 A . No ; not at once ; they stood some distance off ; they had to be coaxed on board. 1057. Q. Th e same way as on the previous day?

    A . Y es. 1058. Q. Do you know who coaxed th em this time? A . I think i t was Judge Robinson and Mr. Jiea.r and some of the police.

    1059. Q. That is, by offering them "trade?" A. Y es. 1060. Q. W hat was the fi rst you h eard of t he st ruggle that took place 1 A. Some of t he natives going over the side.

    1061. Q. Where were you then 1 A. I was on t he

    starboard side, on deck, near t h e captain';; r oo m. 1062. Q. And the first thing you noticed was some of the natives going over the side? A . Y es. 1063 . Q. ·w as that before you h eard any shot fired 1 A. Y es.

    1064. Q. You had seen noth ing at that time to account for their r ush ing over the side? A. No. 1065 . Q. When you saw th em r ushing over the side, what did you do ? A. I stood and watched them.

    1066. Q. W hat did you see 1 A. They wer e t aking some prisoners. 1067. Q. Did you see t hat? A. I only saw the one.

    Down by the corner of t he captain's room. 1068. Q. I s that t he one Captain H arvey and a n ative constable were attempting t o arrest ? A . I could not see who it was.

    1069. Q. What is the n ext thing t hat happened ?

    A. Th e firing star ted t hen. 1070. Q. ·w here were you then ? A. I n t he same place. 1071. Q. What did yo u hear first of all- general firin g or on e single shot ? A. It seemed t o be one shot and then a lot.

    1072. Q. Did you see wher e the single shot came from ? A. No; but it sounded as if it was on t h e port side, about t he bridge ; not quit e amidships. 1073. Q. Befo re you heard the shots fired, had yo u seen any arrows fired ? A . No.

    1074. Q. W ell. aft ed A. Y es. 1075 . Q. Tell us what you saw? A . I only saw one

    arrow fired. It st ruck t he Go vernor 's r oom ; i 'G went close by me. 1076. Q. D idyou seeamanfire it? A.Yes,I saw him jump over the side; then he got into his can oe, and fired.

    1077 . Q. D id h e aim at you 1 A. I do n ot t hink so.

    H e got into his canoe, got his paddle, got a couple of strokes away from th e bow of the ship, then got his bow and fi red . 107 8. Q. Did you see any other arrows fired ? A. No.

    1079. Q. You say you wer e forward ; were yo u look ing forward 1 A. I was looking over the side, over th e port side. 1080. BY H I S HONOR : Q. Y ou had crossed t hen 1

    A . Y es. 108 1. BY MR. I NNES: Q. If any arrows had b een fired from the port side you would have seen them, I suppose 1 A. Y es.

    1082. Q. Did you see if t.he firing on t he part of t he police took effect ? Did you see anyon e h it, or co uld you t ell whether they were hit or not 1 A. I co ul d not tell

    whet het• t hey were hit, but saw them falling out of the canoes. 1083. Q. Do you mean falling out, or jumping 1 A. Y ou could not tell whether t hey were jumpinrr or falling,

    because the canoes wobble about. K

    135

    '27 J nl y, 1904.

    l OS-!. Q. ·whom did you see fi ring ? A. The native police. 1085. Q. You did not see anyone else fi ring 1 A. N o. 1086. Q. A bout how long do you t hink that the fh·ing, from the t im e you heard the fi rst sh ot till they stopped firin g, lasted ? A . As n car as 1 coul9- tell, about a quarter

    of an h our. 1087. Q. Did you say that this arrow, which was fired, and which came past you- was that befor e you heard the single sh ot? A . No, it was after t he sin gle shut.

    1088. BY HIS HONOR : Q. W as it aft er the single shot, before t he general firing? A. A bout t he same t ime. 1089. BY M n. I NNES : Q. Did the firin g begin when th e natiYes rushed by you overboard 1 A. No, it had not star ted then.

    109 0. Q. W ere any other arrows found on board ?

    A . Y es, I sa w t wo or t hree which were found aboard. They wer e broken off. 109 1. Q. ·w as any trade clon e on th e Sunday morning b cfor o the fi ring began ? A. N o, there was no trading. They only had b ows and a,rr ows, and they would not part

    with any of these. 109 2. Q. A fter the natives got away yon stayed on board 1 A . Yes ; nobody went ashore. 1093. Q. 'l'hen ne x t day were you on board ? A. Yes,

    all th e time. 1094. Q. Did any natives come round t hat day? A. There were t hree canoes came round that day, towards t he afternoo n. T hey were only calling for the prisoners.

    1095. Q. D icl they come alongsid e 1 A. They came wit hin about t wenty or t hirty yard s from the ship. 1096. Q. They were talking to the prisoners on t he Tuesday : you were on b oard up to the time you sailed?

    A . Y es. 10 97. Q. Y ou remember a canoe coming along with t hese skulls 1 A. Yes. 109 8. BY H I S HONOR: Q. A re you quite sure t here was no t radi ng done by anybody on board t he ship either on the Saturday or t he Sunday ? A. Not so far as I

    coul d see. 10 99. Q. ·w ere t here n o bows and arrows that had not been there befo re, in any body's possession 1 A . Some natives that came on board brought arrows with them, but th ey would not sell them . When the r ush started some wore left 11board.

    1100. (J . Those are the on ly bows and arrows, as far as you know, that remained on boa,rd 1 A. Y cs. [W itness retired.]

    J A !\1ES MU I R

    was s worn and examined a,s under :-1101. B Y Mn. I NNES : (!. Your name is James Muir1 A. Y es . 11 02. 0. You are a c;trpenter on board the "Merrie

    England "? A. Y es. 1103. Q. How long have -ou been in t he "Merrie England " 7 A. About fi ve yea rs. 11 04. Q. ·w ere yo u in lw r w hen Si r Grorge Le Hunte

    went to Goaribari in l GO l and 1902 1 A . Y es ; on both those 0ccasions. 1105. Q. So you know that locality profty A . I

    have been there on three occasions. 11 06 . Q. Y ou were there in March last, when she took Mr. R ob inson to Goaribari? A . Yes. · 11 07. Q. You arrived on t he 5t h of Mar ch-Saturday ? A. Y es.

    1108. Q. ·w hen you got there, did the natives come round ? A . They were round t he beach, but no t round t he ship. llOG. Q. Did they come off afterwa,rds? A. Y es ; there were so me came off i n the afternoon .

    11 10. Q. Can you say h ow many 1 A. I cannot say for ce rtaip.

    Witness-J. Muir.

    1111. Q. About how many would you judge were round the vessel in their canoes 1 A. About fifty. 1112. Q. Fifty natives 1 A. Yes. 1113. Q. Did they come on board that day 1 A. I do

    not think so. 1114. Q. You do not think any came aboard on the Saturday 1 A. No. 1115. Q. What were you doing on t h e Saturday during the day 1 Would you be in a position to know whether the natives did come on board or not ? A. I would not

    say for certain. 1116. Q. Did you do any trade with them a t all? A. No. 1117. Q. Neither on the Saturday nor the Sunday ? A.No.

    1118. Q. Did you see anyone trade with them on t h e Saturday 1 A. No. 1119. Q. Were they round the vessel in a friendly way on the Saturday 1 A. Yes. They showed no signs of

    fright at all. 1120. Q. Then there was no trouble at all on the Satur­ day 1 A. None at all. 1121. Q. And I suppose they went away about sun­ down 1 A. Yes; as soon as the sun went down they left the ship.

    1122. Q. Well, now, on the Sunday morning, what time did you come on deck 1 A. About half-past 7. 1123. Q. Were the natives round the vessel then 1 A. Y es.

    1124. Q. Could you say about how many were there then 1 A. I would not like to say for certain ; there were fifty, any way. 1125. Q._ Did you see any of them come on board that day? A. I would not say they came on board in the

    morning. About midday there were some came on board. 1126; Q. ·well, when did this struggle take place 1 A . Oh, it was Sunday morning they came aboard. 1127. Q, Did you see them come aboard that morning ? A. Yes, I saw several come aboard.

    1128. Q. Did they come a board at once, or were they hesitating? A. They were h esitating. 1129. Q. Were they persuaded to come? A. Mr. Jiear enticed them on board the ship.

    1130. Q. What did he do? A. Coaxed them aboard. 11 31. Q. What did he do to coax them? A. He coaxed them with "trade" ; with calico, and one thing and another.

    1132. Q. About what t ime was that, do you think­ when they first came on board? A. Before breakfast. 1133. Q. I just want you to tell me what happened next 1 A . After they came on board, they tried to capture some of the leading men, the chiefs.

    1134. Q. Before that, do you remember any one coming talking about a N ordenfeldt 1 A. 'l'he chief officer came and told me to get the N ordenfeldt ready. 1135. Q. vVas that before the struggle took place? A. Y es.

    1136. Q. I suppose you did? A. I went along to the

    second mate's room to get the hoppers for the cartridges. He was busy ; so I got a bucket of ammunition and took it up, while I was waiting for the hoppers. I got the

    wrong hoppers from the second mate's room. 1137. Q. Did you eventually get the ammunition-get the hoppers fi xed up ? A. I was going to get the right

    hoppers when I saw a scuffle on the lower deck. 1138. Q. Just t ell us what it was? A. They were

    securing the natives on the port deck. 1139. Q. Who were? A. l\'Ir. Jiear and other officials. 11 40. Q. I suppose the constabulary? A. Yes. 11 41. Q. Securing some of the natives who had come on board ? A. Yes.

    1142. Q. What happened next? A . In place of going for the hoppers, I went to the fore deck to see what was the matter. I went to their assistance. 1143. Q. To whose assistance 7 A. One of the native police. He had a boy down, and he had his work cut

    70

    27 July, 1904.

    out; h e could not hold him. He was singing out, and I went to him. The native made a bite at me. I got

    away from him, and hit him with my hand. 11 44 . (J. You securedhim ? A. Y es. Thenhegrabbed at another boy down on the starboard side. He w:as just about done, and I went to his assistan ce, secured the boy, and put the irons on him.

    1145. Q. Did you have any cmwersation with the Judge at that time? A. Only when I sang out for help. The

    Judge came over with the butt of his rifle. H e was going to hit th e native on the head with his rifle. 1146. BY HIS HONOR: Q. Which native was that 7 A. One of t he Goaribari boys.

    11 4 7.

    handcuffs on h im, and then t he Governor left us. 1149. BY HIS HONOR: Q. Do you mean that he rcfr

    1150. Q. F or hitting him ? A . Yes. 11;"51. Q. He had the rifle in his hand 7 A. Y es. 1152. BY Mu. INNES: Q. At this time had the firing started? A. T hey had been firing previous to this.

    1153. Q. --w- here were you when the firing started 7 A. I was coming from t he second mate's room, and I saw some natives rushing by me, and I went up to the fore deck to see what was the matter. Some shots had been fired before I came up.

    11 54. Q. You were down in the second mate's room before the firing started 7 A. Yes. 1155. Q. And then you say you assisted to ari·est those two Goaribari natives 7 A. Yes.

    1156. Q. Y ou saw tl1eJudgecome up with a riflein his. hand, going to hit this boy, and he did not 7 A. Yes,

    when I sang out for assistance. 1157. Q. A nd the firing was going on at this time?

    A. Yes. .

    11 58. Q. Did you see the Judge go on firing after that? A. Yes. 1159. Q. Could you see whether any shots took effect­ whether any natives were hit? A. Y es.

    1160. Q. You could 7 A. Yes. 1161. Q. Whose shots did you see take effect 7 A. I saw him fire at a canoe with three boys in it. 11 62 . Q. Could yo u tell whether they were h it 7 A. I could not tell whether they were hit or not, but they fell out of the canoe.

    11 63 . Q. Could you say whether they were hit or jumped out? A. It seemed to me as if they were hit. 1164. BY HIS HONOR: Q. They could not all be hit at once 7 A. I could not say.

    1165. Q. Unless theywere inaline? A. Theywerein a line. .

    1166. BY MR. INNES: Q. They were not so that a shot could go through them ? A. They all fell out on the: sam e side. They threw up their hands and let go the p:',ddles, and fell overboard.

    1167. BY HIS HONOR: Q. Did the paddles drop outside the canoe, or in the canoe? A . In the canoe. 1168. Q. Are these paddles of a light, flo ating wood, or of heavy, sinking wood 7 A. I co uld not tell you--about t he Goaribari.

    1169. Q. What are they usually about New Guinea A. F loatable. 1170. BY MR. INNES: Q. A bout how long would you say that the firing, from t he time you heard it in the

    second mate's cabin, lasted until it ceased altogether? A . From ten to fifteen minutes at the very most. 1171. Q. Did you see any arrows tired? A. Not one. 1172. (J. You were up on the fore deck? A. Y cs.

    1173. (!.Which side? A. The starboard side. 117 4. (j. IV ere you looking out over the ship's side? A. I was looking from the ship's side.

    Witness-J. Muir.

    11 75. Q. So that you co uld have seen them, if they had been fired from that side 1 A. Yes. 1176. Q. And you saw none 1 A. I saw none. 1177. BY HIS HONOR: Q. How far from the ship

    would you say that canoe with the three men in it

    was 1 A . About 50 or 60 yards. 1178. Q. At the time the shot took effect, what were the men doing 1 A. Pulling ashore. 1179. BY Mn. INNES : Q. They paddle standing up,

    do they not 1 A . Yes.

    71

    1180. Q. When you saw that shot fired by Judge Robinson, was the firing g:Jing on generally then. A . Judge Robinson was the only man I saw firing on the fore deck while I was there.

    11 8 1. Q. vVas there any firing after that, in the other end ()f t he vessel? A . Y es . 11 82. Q. You yourself did not fire at all1 A. No ; after secured the boys I went aft.

    11 83. Q. There was something about a Nordenfeldt- a shot went off accidentally 1 A. When we got the hoppers all ready loaded, according to the mate's orders, he told me to load her and have everything ready. Some of the

    police boys came up, and I shifted a lever, and one of the cartridges was fired. That was after the firing had ceased, and everything was quiet. 11 84 . Q. Could you arrive at an estimate of how many shots t ook effect, or what was the number oE killed or wounded? A. I could not say for certain how many shots

    were fir ed ; I think about fifty were shot. 11 85. Q. How do yo u como to that estimate 1 A. A c­ coJ·ding to t he canoes that went away without :.;,ny boys in them.

    11 86 . Q. That is the only means you have of estimat­ ing 1 A . Y es .

    11 87. BY HIS HONOR: Q. Did it not strike you that some of those canoes might have the boys who belonged to them keeping under the lee ·j A . The canoes kept turning round-spinning.

    11 88. Q. Still, they might have swum ashore? A . 11 89. Q. They can swim very well without showing much sign on the surface 1 A. Y es . They could get away to the lee of the canoe, and you would not see them at all.

    1190. BY MR. INNES: Q. You heard the order to cease firing given 1 A. Yes. · 11 91. Q. That was given by Mr. Bruce 1 A . Supposed to be, sir.

    1192. Q. Did you not hear him give it 1 A. I do not know who gave it. 11 93. Q. Did you see Mr. Bruce coming along and ordering his constabulary to stop firing 1 A. No, I did

    not. 1194. Q. Did you see Mr. Jiear or Mr. Bruce firing at all 7 A.No.

    1195. Q. Did you hear either of them say anything about the firing 1 A. I would not be sure. 1196. Q. Was the Judge there when it was said? A. Y es. 1197. Q. vVas it said to him 1 A. I could not say.

    11 98. Q. Was it said in his presence 1 A. H e might not have heard it. 1199. Q. You say you have been on the "1\Ierrie

    England " for some five years, and you have been on

    13'7

    27 July, 1904.

    various trips of inspection with Sir George Le Hunte 1 A. Yes. 1200. Q. In your knowledge, has anyone ever been arrested on the "Merrie England " before this 1 A. No.

    120 l. Q. Do you know of your own knowledge whether the natives regarded the " Merrie England" as a sort of a safe place, where they would not be touched? A. In other places I have been t o, it has always been regarded

    as a place of safety. 1202. Q. But all round the N ew Guinea coast no one has ever been a rres ted on board before 1 A . No. 1203. Q. Do you think there was any necessity for this firing 1 A. Not in the least.

    120-1. Q. After the natives cleared out, did you stay on board all that day- Saturday 1 A. Y es. 1205. Q. And no natives came round that day1 A. No. 1206. Q. The next day were you on board 1 A. Yes.

    1207. Q . .. We are told that some canoes came round that day, containing some natives and three women 1 A. Y es. 1208. Q. And they had some communication with the men on board ? A. Yes.

    1209 . Q. And on the Tuesday did any natives come out before you went away? A . Yes. 1210. Q. Do you r emember some skulls being sentdown1 A. Yes; two canoes came out, and they sent one adrift with some skulls in it.

    1211. Q. That is all you know about it ? A. Y es. 1212. BY HIS HONOR: Q. I do not know whether you were asked the question of t ime, how long the firing lasted 'I A. About ten or fifteen minutes.

    1213. (j. You are still carpenter on that ship 1 A. Yes. Ul .J-. Q. A nd likely to remain t here 1 A. Y es. 121 G. (j. As to you heard of some arrows being

    found on board, as 1f they had been shot on board 1 A. Yes. I was led to understand by the lamp-trimmer that two came alongside the chart-room, where t hey. were standing. Whether t hey were £red by the natives I could not say.

    121G. Q. But does it not appear as if som\l arr ows were, fired into the ship 1 A. Y es, I heard there were three. 1217. Q. I suppose there could not be any doubt that these had been shot in from the outside ;- they could not belong to the men who had the rough-and-tumble. on deck

    when arres ted 1 A. No, they came from the canoes. I know there were no more than three. 121 8. Q. Did you see much of the Administrator, Mr. Robinson, perso nally 1 A. I have been on board his ship on different occasions with him, and have had different conversations with him at Port Moresby and Samarai.

    1219. Q. Had you any difference of opinion with him at any t im e, or were you ever reprimanded by him ? A. No. 1220. Q. N ever at all? A. No. 1221. (J. There was nothing in your mind to influence you to his discredit? A. Nothing at all.

    1222. BY MR. INNES: Q. Did you see any trading don e on t he Sunday before the arrests were made?

    A. Yes, ,ye were tmding the first thing in the morning. l n 3. Q. vVhat were they trading in ;- what did the natives give up 1 A . Their bows and arrows. 1224. Q. Did you see that yourself 1 A. Y es.

    (Witness retired).

    (At 12·45 p.m. the Commission adjourned).

    AFTERNoo:sr SrTTING-SEco:srn DAY.

    WEDNESDAY, 27 J ULY, 190+.

    1225 . HIS HONOR sat, but, the witnesses summoned not being in attendance, after waiting until 2·45 p.m., adjourned the Commission until 10 a .m. next day.

    72

    Witness- D. James. 28 July, 1904.

    THIRD DAY-MORNING SITTING.

    THURSDAY, 28 JULY, 1904, 10 ur.

    [The Commission met at the Commonwealth Offices, Sydney.]

    C. E. R. MURRAY, EsQ. D.O.J. (Commissioner). Mn. G. LONG INNE.S, Barrister-at-Law, instructed by Mr. Robison, of the N.S. vV. Crown Solicitor's Office, appeared on behalf of the Commonwealth Government. ' Mn. ATLEE HUNT, Secretary, Department of External At!airs.

    MR. J. GARLICK, Secretary to the Commission .

    .Mr. E. G. Jf. Baker took shorthand notes of the evidence and proceedings.

    1226. Mn. GARLICK: Your Honor directed that the original reports, which were left by the late Judge

    Robinson immediately prior to his death, should be obtained from Melbourne, if po ssible, instead of those copies whieh were handed in on Tu esday. Mr. Atlee Hunt, the Secretary of the Depar tment of External affairs, has given me to-day the originals as received by H is Excellency the Governor-General; but they prove to be copies of tho actual documents, which are retained in Guinea.

    These are those which were received (handing documents to the Commissioner). 1227. HIS HONOR : By whom would those copies be made 1

    1228. Mn. GARLICK: I do not know; but on the face of it they would appear to have been made by a clerk in the office of the Administrator in New Guinea, because they were enclosures in the Administrator's dispatch.

    1229. HIS HONOR: Those are one step nearer to the originals, and I think near enough to be taken as originals ; or they may be used merely for the purpose of comparison, to see that no error has crept into the further copy.

    (Vide Exhibits 6 and 7). 1230. Mn. GARLICK : In addition to that, your Honor directed that the original t elegram from the Queensland Trustees, Limited, with regard to the representation of the late Judge Robinson at this Commission, should be obtained from Melbourne. That original telegram has been received.

    1231. HIS HONOR: That had better go in, as a sub­ stitute for the copy previously put in. (Vide Exhibit No. 8.)

    DAVID JAMES

    was sworn and examined as under :-1232. MR. INNES: Q. Your name is David James? A. Yes. 1233. Q. You are an A.B. seaman on board the" Merrie England "? A. Yes.

    1234. Q. How long have you been in the "Merrie England" 1 A. About eighteen months. 1235. Q. You were on board her in March last, when she went to Goaribari 1 A. Yes.

    1236. Q. ' Ve are told you arrived thet·e on Saturda-y morning, the 5th of March ; is that so 1 A. Yes, that is so. 1237. Q. Do you remember that Saturday, getting there? A. Yes.

    1238. Q. Did the natives come round the vessel soon after she arrived? A. Yes. 12 39. Q. Could you say about how many there were 1 A. A few hunch·ed, I suppose.

    1240. Q. Did you notice whether t hey <.:amo on board that day 1 A. Yes. U.J-1. Q. Did t hey come on board at once? A. No, a long whil e after we arrived ; a few of t hem, not many.

    U42. Q. Did t hose few como on board at once, or of their own free will, or wore they induced to come on

    board 1 Just tell us anything you saw. A. I could not say; I saw them on board. 1243. Q. You did not see them actually come on board? A.No.

    1244. Q. 'Vas there any trading going on that day? A. Yes, between the crew; a few arrows. 1245. (J. A few arrows; you mean that the natives tr

    1246. Q. Did you trade yourself with them? A . Yes. 1247. Q. Did you get arrows in exchange for what you traded? A. Yes. 1248. Q. And I suppose the whole of that day they were there in a perfectly friendly manner, and nothing happened at all? A. No, nothing happened on the Saturday.

    1249. Q. Were they going over the ship in a perfectly friendly way, wherever they wished, as far as you could see 1 A. I do not know; I could not say for that; I never spoke to them.

    1250. Q. How did you effect your trading? W as it through an interpreter, or did you just get hold of a man and show him something he wanted, and point to an arrow? A. Showed him a piece of tobacco, and he gave me arrows in return.

    1251. Q. You went up to a man and showed him

    tobacco, and pointed to an arrow you wanted in return? A. That is right. 1252. Q. And did they deliver up the arrows willingly? I mean, without any--1 A . Yes, they delivered them up willingly.

    1253. Q. Now come to the Sunday morning. What time did you go on deck that morning ? A. About 6

    o'clock. 1254. Q. vVere natives round the Yessel then? A. Yes. 1255. Q. About how many were round t he vessel at that time do you think ? A. I suppose there would be about 300 men. ·

    1256 . Q. That is about the same as on the previous day, you think? A. Something the same. 1257. Q. Did you see them come on board that day­ the Sunday? A. Yes, Sunday morning.

    1258. Q. You saw them come on board? A. Yes. 1259. Q. That morning, did they come on board at once? A. They were going all ove r the ship ; aU parts of her, coming over.

    1260. Q. Did you see the first ones come on board that morning1 A. No. 1261. Q. You did not see them come on board first 1 A. No.

    1262. Q. But you say you saw them all over the ship that morning 1 A. Yes. 1263. Q. And were they going about trading that morning, could you say 1 A. Yes, there were a few

    trading with them. l 26±. Q. In the same way as on the previous day ?

    A . Yes. 1265. Q. And I suppose for arrows? A. Yes, all sorts of curi os; they had bows and arrows. 1266. Q. You say all sorts of curios : was there any­ thing 1 A. Tomahawks, yes.

    Witnes8-D. James.

    1267. BY HIS HONOR: Q. Do you mean native tomahawks 1 A. Y es. 1268. BY MR. INNES: Q. And bow3 and arrows. You say you came on deck about six; what did you do then 1 A. Got my coff'ee then.

    1269. Q. And did you remain on deck 1 A. Y es, till

    73

    about 8 o'clock. At half-past seven I went b elow. 1270. Q. W ell, up to that time, had any commotion taken place 1 A. No, nothing then. 1271. Q. Then where did you go ? A. I went down to the forecastl e to have a shave.

    1272. Q. Did anything happen while you were there 1 A. Not until about a few minutes to eigh t. I heard som e noise going along the deck. 127 3. Q. 'l'hat is, when you were having a sh ave 1

    A. After I had finished washing the decks and had gone below, and was having a shave. 127 4. Q. What kind of noise 1 A. Rushing a,long the decks.

    1275. Q. A sound of struggling was that 1 A. No, I wo uld not say struggling, but ru >hing along the deck. 1276. Q. Did you go up on deck 1 A. N o, I never won t up on dec k then.

    127 7. Q. What did you hear A. I hea,rd so me

    sh ooting going on next. 1278. Q. You were down below wh en th e sh ooting first occmred 1 A . Y es. 1279. Q. Did you go on deck then 1 A. No, not just

    then. 128 0. Q. About how long aftel'? A. I suppose a bout three or four minutes. 12 81. Q. vVas the sh ooting goin g on at that time 1

    A. Y es, when I got on deck. 1282 . Q. Did you stop down three minutes after you h eard the shooting 1 A . Y es, I took no notice of it; a

    fellow might be shooting at a crocodile or something. 1283. Q. vVas it general shooting, or did there only seem to be a few shots 1 A. At tirst, a few shots, I

    think ; but after that it became plentiful. 1284. Q. First, a few single shots, you think 1 A. Yes. 1285. Q. And after that 1 A. I did n ot tak e any notice of them.

    12 86. Q. Then after three minutes you came up 1 A. Y es. 1287. Q. What part of the dec k did you come on to 1 A. Up through the scuttle, the after part.

    1288. Q. Tell us what you saw 1 A. I saw a, lot of

    native police firing. 1289. Q. Could you see at what they were firing? A. Firing at the natives. U90. Q. Where were the natives 1 A. In the cmwes away from the ship.

    1291. Q. About how far away1 A. About 30 or 40 or 50 yards. 1292. Q The closest, you think, was abou t 30 yards away. A . When I came on deck, yes, that time.

    1293. Q. When you came on deck what did you do 1 A. H ad a look round. 1294. Q. I suppose you looked over towards where the natives were. Did you look over the ship's side at the nati1·es1 A. Y es ; Ihadalook everywhere; just climbed on the rail.

    12 95 . BY HIS HONOR: Q. Where were you, on the afterdec k or the foredec k 1 A. On the afterdec k. 1296. BY Mn. I :r NES: Q. Did you any nati1·es

    hit 1 A. Y es; I saw one, two.

    1297. Q. What made you think t hey were hi t1 A. One was in the act of throwing an a rrow, and I saw him

    knock ed off the canoe. H e had the bow like this, and he tumbled on his back. 1298. Q. Overboard 7 A. Over the canoe. 1299. Q. And the other 7 A. H e was in the water,

    swimming. 1300, Q. H ow would you tell he was hit1 A. W ell, he sank, and I did not see him come up again.

    139

    28 July, 1904.

    1301. Q. You saw one man, you say, in the act of firing an arrow 1 A. Y es. 1302. Q. Did you see any arrows fired at all? A. No; only this man in the act of throwing one.

    1303. Q. And he was shot before he actually discharged the arrow 7 A. Y es. 130±. Q. ' Vhen that man was shot (t he man in the

    act of firin g the arrow) you m y he fell into the water over the canoe 1 A. Vvell, that I would not be certain of ; I know h e fell. 1305. Q. As far as you could judge, your impression

    was t hat he had b een hit 1 A. Yes. 1306. Q. Ab ou t how long do you think was the firing, from the time you first heard it, when you were down having a shave in the forecastle, to the time it stopped altogethed A. About seven minutes.

    1307 . Q. Did you remain aft the whole time ? A . Yes aft all the t ime ; well, I went as far as the engine-room door, no furt her. 1308. Q. Where is that, about midships? A. Yes, about amidships ; a little abaft of midships it is.

    1309. Q. Y ou did not see the nttti ves act ually arrested, did you 1 A. N o ; I was not there.

    1310. (J . Did you see t hem after th ey were arrested 1 A . Y es . 1311. 0. ' Vhcrc were they 1 A. R ound the mast, nine of them.

    1312. Q. Houml the m n.s t 7 A. The fon vard mast; yes. 1313. (j. How we re they fastened ? A. With handcuffs round t heir hands, :md a rope round t heir legs, as far as I can remember.

    1314. Q. Did they appear as if they ha d been struggling 1 A. No t hey looked fresh enough. 131 5. Q. They did 1 A . Y es .

    1316. Q. When you say they loo ked fresh enough, did you pay any at ten tion to them, to see wh o they were? A. Y es, I look ed at them ; I did not know they were

    capt ured until about a quarter of an hour afterwards. 1317. Q. Of course you knew they were captured, by the 1 A . I did not know until I went to have a

    look at them, and saw them. 131 8. (J. By that time you say they looked fresh 1

    A. Y es. 1319. Q. 'Vere there any signs of bl ood on them at all 1 A. One had a gash on his foreh en,d here, blood streaming down.-a .few drops.

    1320. Q. The only people you saw firing were the native constabul ary 1 A. I saw t he chief office r fire. 132 1. Q. That is Mr. R othwell ? A. Y es. 132 2. Q. Co ul d you tell me who ftred t he shots that

    took cffed on the natives-the t wo that you spoke of 1 A. Some of t he native police. 13 23 . (J. But yo u do not know wh o 1 A . No. 1324. (j. It was one, or ;;o me, of the native police 1 A. Y es.

    1:3 25. Q. About how many tim es did you see Mr. Roth­ well fire 1 A. About tw ice, I t hink. I did not take much notice; I was just watehing t he natives. H e was on the after ptLrt of the ship, right aft.

    1326 . (.!. More aft than yo u 1 A. As far as you can

    get aft. 132 7. Q. D id you hear the ord er to cease fire1 A . Yes. 1328. (.!. Do yo u know who gave t hat1 A . Mr. Bruce. 1329. Q. Did the firing go on after that 7 A. N o, I

    never heard any. 1330. Q. Were t he native co nstables excited 1 A. Yes they seemed to be a bi t excited. 133 1. Q. W ere t hey singin g out? A . No, they were neG­ singin g out.

    133 2. (j. J suppose t he nati 1·es neYe r attempted to come back, after they got away 1 A . The next day th ey did. 133:3. Q. But, I mean, not t hat mom ing 1 A. No. 1334. (/ Did you remain on board t he whole day after that? A . Yes.

    Witnesses-D. James and J. Inman.

    1335. Q. Were you firing yourself 1 A. I had a gun; I was going to fire, but there was nothing in it. 1336. Q. You had no cartridges 1 A. No. · 1337. Q. Did you bring the gun up with you from the forecastle 1 A. No ; the gun was lying there, and I

    thought there was a shot in it, and I got hold of it. 1331). Q. Lying on the deck 1 A. No; some of the chaps had it in their hands. 1339. Q. You got it from them 1 A. Yes.

    134 0. Q. But there were no cart ridges, and you did not fire 1 A. No; I took aim, but t here was nothing in it. I did not know until after. 1341. Q. You aimed, I suppose, a t one of the natives? A No, I aimed anywhere to frighten them; I did not

    mean to shoot them. I just put the gun up to my

    shoulder, that is all; but there was nobody round there ; they were a good distance away. 1342. Q. You were going to have a shot, just for the fun of letting it off? A. That is all.

    1343. Q. You remained on board the whole of that A. Yes.

    1344. Q. And no natives came round that day? A. No. 1345 . Q. Were you on board the next day, on the

    Monday? A. Y es, all day. 1346. Q. Did any natives come off that day 1 A. Y es, a few came off. 1347. Q. Did they get into communication with the ship at all ? A. Yes.

    1348. Q. Just tell us what was said, or what happened 1 A. I co uld not say what t hey said ; I did not understand it.

    1349. Q. I mean wa s any1hing said that you understood, by anyone aboard the "Merrie England"? A . I was watchman that Sunday night, and I was sleeping next day. ·when I heard canoes alongside, I came up; I

    happened to wake up. There were some women in them­ two or three women and a few boys- a few natives . 135 0. Q. How close t o the ship did they come? A. Right alongside.

    13 51. Q. W ere they talking tq t he natives had been arrested?" A. Yes. 1

    1352. Q. Did t hey come on board? . A. No, they did not pome on board : I did not see them. 1353. Q. And after talking with the natives on board, they went away ;-is that so? A. I did not see them go I went back to sleep again.

    13 54. Q. And I suppose you remained asleep most of the day? A. Yes. 1355. Q. Did anything happen after that 1 A. No, nothing happened, t hat I know of.

    1356. Q. Were you on board the next day, on the

    'l'uesday ? A. Yes. 1357. Q. The Tuesday you left ? A. Yes. 1358. Q. Did you see any natives that day? A. ! saw some natives crossing the river.

    1359. Q. Only crossing the rive r ;-that is up channel? A. Y es, both up and down. 13 60 . Q. vVere you on deck most of the day on Tuesday ? A. No, I was asleep.

    1361. Q. W ere you night wakhman on the Monday night too? A . Y es. 13 62 . Q. And you left on the Tuesday morning, did you not? A. I am not certain whether it was Tuesday or

    Wednesday. I could not say; I do not remember. 136 3. BY HIS HONOR: Q. When you first came up, one of the fi rst things you saw was t his native just going to shoot--the one who was shot, I understand, in t he canoe; -that was just after you came up from below? A. Y es . 1364. BY MR. INNES : Q. Did you see what the other natives were doing at the t ime .: those that were outside the ship-not t he native policemen : the other Goaribari natives-what they were doing, in the canoes? A. Paddling away from the ship. 13 65 . Q. Were any of them, except this one man, stopping, apparently with the idea of shooting at the ship,

    74

    28 July, 190!.

    or were they all paddling away 1 A. I only saw this one in t he a.ttempt of shooting an arrow. 1366. Q. Was he by himself in his A. No, there

    were two others wit h him ; they were paddling while he was getting the arrow ready. 1367. (J. In which direction were t hey A. U p

    stream. 1368. Q. Not towards the ship ? A. No. 1369. Q. Away from the ship? A. Y es. 1370. Q. And he stood up and turned to shoot 1 A. Y es. 137 1. Q. And then he fell as if he was shot ? A. Yes. 1372. Q. And that \vas the only one that vras then attempting to shoot at the ship? A. That is all I saw.

    1373. Q. Did you see any shots fired then atotherswho were in the water getting away? A. I saw a lot of native police firing, but I did not see anyone struck in the water. 137 4. Q. There was one ma n you saw swimming, I think you said, who appeared to be shot 1 A. Yes, I saw him from the afterpart of the ship ; he got shot.

    1:375. Q. H ow far was he. from the ship at the time? A. About 30 or 35 yards.

    (WitnPss retired.)

    JAMES I NMAN

    was sworn and examined as under :-1376. By Mu. I NNES : Q. Yourname is J a mes inman ? A. Yes. 1377. Q. And you are an A .B. seaman on board the " Merrie England " ? A. Yes.

    1378. (J. H ow long have you been on the " Merrie England"? .A. About eightee n months. 1379. Q. Before you were on the " Merrie England" what were you ? A . In t he "Adelai de."

    1380. Q. vVhat is the "Adelaide" 'I A . A steamer. 1;38 1. Q. I mean is she a tcading vessel? A. Yes;

    trading fo r New Guinea. 1382. Q. BetweenNewGuineaand where? A . Cooktown and New Guinea. ·

    1383. Q. How long were you in hed A. I co uld not say bow long I was in her. 1384. Q. Can you tell me how long you have been acquainted with the New Guinea natives ? A. The first time I went to New Guinea I was two years old, and I can remember from six years up.

    Q. You have been mixed up with theNewGuinea

    trade from the time you were six years old ? A . Amongst them, yes, from Cooktown, and backv1•a rds and forward s. 1386. Q. Since you were six years old 1 A. Y es. 1387. Q. How long ago is that 1 A. A bout sixteen years.

    1388. Q. You are about twenty-two now ? A. Y es. 1389. Q. During that t im e, what part of the coast were .vou on? A. On the north-cast coast. On the south

    <.:oast as well. 1390. Q. As a matter of fact, you had not much to do with t he western coast round near Goaribari 1 A. Well, I have been round there, but only in the "Alice May "; running from Port Moresby to Thursday I sland, and back again.

    139 1. Q. Before t his year, had you been to Goaribari at all ? A . No, I had never been to Goaribari; I had been pretty close to it. Q. Bee n close to it; landed 1 A. Y es; Myapore.

    1393. Q. How far is that from Goaribari 1 A. I think about 6 or 7 hou rs. 139±. BY HIS HONOR: Q. Is it westward o.r A. Eastward of Goaribari

    1395. BY Mu. I NNES : Q. What was the character of the natives about there 1 A. ViT ell , I could give you an instance of what I saw in Myapore. I went there in one of B. P.'s trading cutters, and we were anchored t here four or five days, and during that time one night all the women started to cry, and they woke me up. I said to one of

    the boys " What make them women cry 1 " H e said,

    75

    Witness-J. Inman,

    "They go fight now." That was about midnight. I said, "Why not go in morning 1" H e saitl "Suppose they go in day light, they will see them. Not wait for daylight, and then go inb village ; then all asleep and no one

    expect anyone to come." H e said, "If go in daylight all gone out in gardens, anct all took their spears with them. " 1396. Q. Yon mean that the natives would sooner tackle them in the night than in the daytime 1 A. Early in t h e morning they generally do attack them, as a rule.

    139 7. Q. \ Vhat do you mean by •early in the morning? A. Daybreak. 1398. (J . vVe have b een told tha,t t he natives about t here are very much afraid of the clark, ancl do not stir in the night-time ;- has that been you r experien ce 1 A. I have never seen them out except on fi ghting expeditions.

    q99. Q. H a ve yo u seen them on fighting expeditions at night-time 1 A. Y es, I have see n them go out at night­ time. I n ever went ashore to sec them, but we could see them go out from the cutter.

    1400. Q. Used you to anchor so close inland that you could see t hem 1 A. Y es, it was in the river. 1401. Q. You were in the" Merrie England " in March last, when she visited Goaribari with Judge Robinso n on board ? A. Y es.

    140 2. Q. Yve are told you arrived there 01i. Saturday morning, the 5th March, shortly before dinner, about half­ past 11 1 A. Yes, about that time. 1403. Q. vYere you on deck when she came in ? A. Y es, I was on Lleck.

    1404. Q. What was the first thing you saw 1 A. When we went in, there was not a canoe to be seen, when we first went in and anchored; afterwards, in about five or ten minutes, canoes started to come out from all' directions, from the mangroves and creeks, a,nd out from the

    n vers. 1-105. Q. To the vessel ? A. Y es, to t he vessel. 1406. (J. Did you notice how they were armed, or were they armed at all ? A. Yes, they were armed; they had bows and arrows; in the canoes . Every canoe that was

    alongside had bows and arrows. 1407. Q. Were the arrows in sheaths ? A. Some were inside bamboos, and some were loose. 1408. Q. W e are told that, when they carry their arrows · in bamboos, that means they are more for trading purposes?

    A. I reckon that, when they mean them for trading

    purposes, they are tied up in bundles, because that is the way I have always bought them. And another thing, the bows are unstrung, and these were not unstrung. 1409. Q. From what you saw, are you of opinion that t hey came out with any hostile intention? A. Not on the

    Satmciay ; I did not think they we re up to anything then. 141 0. Q. On Saturday, the bows were strung, and the arrows were loose 1 A. Yes. 141 1. Q. But you do not think they came out that day

    to attack you in any way 1 A. No. 1412. Q. About how many were there, do you t hink ? A. There might have been 200 or 300 ; there might have been more or less ; I could not give a good guess.

    1413. Q. There were no wom en with them, I under­ stand 1 A. No, no women. 14 14. Q. Is it the custom, or not, for wom en to come off with them, when they see a stranded vessel ? A . Not

    in a place like Goaribari. The women would not come off there. A good few villages at New Guinea will not have women coming off; but, in some places, the wom en do come off to you.

    1415. Q. That is where they are more accustomed to the t rading? A . .. Where they are a bit more civilised. 1416. Q. Did you see any of them com e aboard that day 1 A. Y es, there were so me aboard.

    1417. Q. Did you see them come aboard ? A. Y es . 141 8. Q. Did they come aboard willingly, or had they to b e induced to come in any way ? A. They had to

    induce some of them aboard.

    141

    28 Juiy, 1904.

    1419. (J. I only want what you saw? A. When one or two came on board a few mo re would come on board. 1420. Q. Did yon see the first ones co me aboard 1

    A . I would not b e sure whether it was the first ones or the last ones. 142 1. Q. Anyway, you saw them aboard 1, A. Yes. 1422. Q. About how many came on b oard that Saturday,

    do you think? A. From what I saw down aft, there were only four or fiv e of them. no t say how many were

    amidships or o!L the foredeck. 1423. Q. You were aft1 A. Y es . . ..

    142i. Q. You were aft the whole day afteryou arrived 1 A. Vv ell, after we arrived, I went and lay clown, because I was night watchman ; I went and had a sleep. 1425. Q. H ad they come aboard before you went ·down 1

    A. Y es. I went cl own below about 2 o'clo ck. 1 U3. Q. vYhat were t hey doing aboard? A. They were showing them looking-glasses, and walking down the deck, looking down the engine-room skylight, looking at the engines , and showing them around th e ship.

    1427. Q. Showing them all over the A. Yes.

    1428. (j. And were they trading at all? A. Yes; some of them were trading. 1429. Q. Did you trade with them at all? A. No; I never traded.

    1430. Q. What · were they trading 1 A. Bows and

    arrowll ; some arrows they would sell yon, and some they would not. 143 1. Q. Some they would not 1 A. No; they would sell about half and keep the rest; they would riot sell you any bows.

    1432. (J. H ow do you know that ; you say you did not tru.d e with them ? A. I was " -atching the other men

    trading. 1433. Q. Diu you see or hear them refuse ;- you could not understand what they said ? A. No. 1434. Q. Did you see them r efuse to sell their

    A. Y es. 1435. Q. But they did sell the arrows? A. Yes. 1436. Q. Then, you say, you went down to sleep, being night watchman the night before 1 A. Yes.

    14:37. Q. What time did yon get up again? A . About half-past five. 1438. Q. H ad they gone then 1 No; they were there then.

    1439. Q. On board? A. No; they were in the canoes. 1440. Q. Just about going? A. Some were half way from th e ship and some were nearly to the shore; about lea ving.

    1441. Q. They generally lea,·e about sundown 1 A. Som etimes they leave at all hours. 1442. Q. But, as a rule, they never stay later ? A. No; they never stay later.

    1443 . Q. Nothing happened between that and the Sunday morning, did it 1 A . No. 1444. Q. On t he Sund ay morning, what time dicl you come on deck ? A. I was night watchm an on the Saturday

    night, till Sunday morning at 6 o'clock. 1445. Q. Before yo u went clown at 6 o'clock on Sunday morning had any more natives co me? A. Y es; t here were natives alongside the ship.

    1446. Q. About how many? A. I did not take a good look to see how many were th ere ; I could not give a

    guess either. 144 7. Q. \Yell, about thP. same number as on the previous day, or more or less? A . There might have been abo ut 200 or 150; I would not be quite sure.

    1448. Q. Did yo u notice whether they were dressed and arm ed i n the same way 1 A. Y es. Some of them had

    bow s and arrows in their canoes. Still, t here were more co ming; b ecause t hey started to come to the ship at half past five, wh en I could make t hem out. 1449. Q. H ad you any idea that they meant anything in the nature of an attack that morning 1 A. Yes. --· · · ·

    Witness-J. Inman.

    1450. Q. Why 1 A. I said · to myself " now those

    natives arc up t o mischief ; what do they want to leaYe the villages for, so early in the morning 1 vVh y do t hey not wait till the sun gets up like other natives would 1" 1451. Q. Any other r eason 1 A. Then there were two or t hree of them covered up with mud , and I r eckoned

    they were in war-paint, becaus e they generally do plaster themselves over with mud. 1452. Q. Two or t hree ? A. Y es. 1453. Q. IV ell, has it been your experience that natives mean war, when two or th ree out of 200 or 300 have got mud on them 1 A. Y es, I reckon they are in fi gh ting

    costume. In some places in New Guinea, they do them· selves up with feathers- a h e

    1455. Q. Is it only the leu,d ers wh o put on t his war­ paint ? A. \Vell, itallclcpendswhattribe itis. Sometimes it would be t he leaders, a nd sometimes it would not be. 1456. Q. But the Goaribari natives, you do not know at all? A. No, I do not understand them.

    1457. (J. And you say you t hey came out with

    the object of attacking the boat because they started rather earlier than usual and because you saw two or three of them with mud on 1 A. Y es. 1458. Q. Were they armed in the same way, wiLh bows and arrows 1 A. Y es, in t he same way.

    1459 . Q. The arrows in the bamboo holders? A. Yes. 146 0. Q. So the only difference between the Saturday and the Sunday was, that they came out early on the Sunday, about half-past 5, earli er than you t hink they generally do- of co urse they could not have come out on Saturday, because you were not there 1 A. Y es. 1461. Q. A ndbecausc twoorthree hadmud on ? A. Yes. 1462. Q. Otherwise they were exactly the same? A. Y es. 1463. Q. Did any come on board befo re yo u came down 1 A. Y es, there were a few on board. 146-i. Q. Did you sec them come on board 1 A . I went dow n below, and I thought t here mi ght be so mething happening, and I came on deck again, and I stopped on d eck for a while. H65. Q. Why diu you think there migh t h a,·e been ROlllething happening; on ly from whiit you have told us 1 A. Y es, only from wh at 1 ha ve told you·- thcir coming out so early.

    1466. Q. But you saw that some came on boa rd before you went dow n 1 I s that so 1 .A. Yes, some came on

    hoard before I went clown, because th ey were down aft. One big bloke had his arlll round a policeman's neck, walking up and down the deck. 1467. Q. vVho was on deck at this time; did you see anyone 1 vVas the Judge on deck 1 11. I could not say.

    H e is forward ; I do not go forward. H68. Q. Y ou could not see anyone? A. No, not on t he foreueck. The only man I saw was t he engineer; he was on deck.

    1469. Q. I s that Mr. Watson 1 A. Both Mr. W atson and Mr. Tyser. 1470. Q. vVere the native police on the afterdeck 1 A. Yes, they we re on dec k.

    1471. Q. Did yo u actually see t hem come on board, or did you only just see them after they were on board, that morning 1 A. I saw them come on board. 1472. Q. Did they come on board willingly, or had they to be asked up 1 A. \Vell , I wo uld not be sure

    whether they were compelled or forced to come aboard, because I could not see. I saw them comin g up over the mil. There might have been so meone on the foredeck or the bridge offering t hem "trade," and I suppose they would come up to take it.

    1473. Q. You say there might have been, but did you see that or not 1 A. I did not see anyone forcing them. 1474. Q. Not forcing them; but did see anyone

    offering them " t rade " 1 ,4 , N Q, - '

    76

    28 July, 1904,

    1475. Q. How long did you remain on deck after t hat? A. Until t he firing started. 14 76. Q. You were on deck when the fi ring star·ted? A. Yes.

    14 77. Q. Did you not t ell us t hat you wen t below a ll<.l then came up again, and so mething happened 1 A. Y es. 1478. Q. But before yo u went below, t he m1tives were on board 1 A. Y es.

    1H9. Q. Did the firing begin before you went down ? A. No. 1480. Q. You wen t dow n 1 A. And I came up on deck ag

    1481. Q. Y ou came up befo re th e firing began 1 A . Y es . l-!8:1 Q. You came on deck because you thought :some­ t hing was goin g to happen ? A. Y es. 1483 . Q. Before you go t to Goar·ibari at all, had yo u any idea what you were going to Gmtribari fo r? A. No.

    148+. Q. N o idea; you did not know what you were go in g there for 1 A. No, I did not bother what she was go ing there for . 1485. (J . You had heard, I suppo,e, of the massacre of Dr. Chalmers and his par-ty, and of Sir George L e Hunte's expeditions there before 1 A. No.

    1486. Q. Did you not know that Sir George Le H unte and the " Merrie England " had been t here 1 You knew the" Merrie England " had been there in 1901 and 1902? A. No.

    148 7. Q. So, before you got there, you had not the faintest idea of any reason for going, in the way of

    effecting any arrests 1 A. No, I did not know what she was going there for ; I thought it was only a run, like Ehe goes anywhere else. 1488. Q. IV hat was the first thing t hat you saw happen, in t he way of a struggle, or commotion, or anything unusual ? A. \ Vell, before I saw any firi ng at all, I h eard them rumbling on t he foredech:; and as soon as they started kicking up a row on the foredeck, th ree or four jumped overboard. The next t hing was, t wo of the boys

    fi red arrows. 1489. Q. Where was that, up in the forward end of the ship, or off the ship 1 A. They were 10 or 15 yards off in tb e canoe.

    1490. Q. Ami you S:t\'1 two natives fi ring

    A. Yes. 149 1. Q. vVh cn they were firing were t hey

    apparently fi ring at som eone on board 1 A. Y es, they were firing in a line t o go und erneath t he awning. H92. Q. Aiming at so meone apparently up forward on the foredeck 1 A . Y es. And there was another one who was in the act and attitude of firing an arrow, and I heard a shot, and it must have struck his arm; and as it did so, his arm dropped, and he fell overboard .

    1493. r2. But these two other natives, you say they fi red 1 A. Y es.

    1494. Q. You saw them 1 A. I saw them.

    1495. Q. That was before a shot was fired at all ? A. Y es . 1496 . Q. Then you saw another one in t he act of fi ring, and, when a shot rang out, he dropped his arrow as if he was hit in the arm, and he dropped his arm, and went overboard 1 A. Y es.

    1497. BY HIS H ONOR: Q. Where was he standing when he was shot 1 A. In the canoe. 1498. Q. Where was the canoe? A. Out from t he ship. 1499 . Q. Not near t he end oftbe boom? A . N o, beyond that, and abreast of the Governor's roo m.

    1500 . BY Mn. I NNES: Q. That is more foriVard t han amidships, is it? A. Yes . 1501. Q. You say you heard this shot fired, and saw the man drop as if hit; then wh at happened 1 A. Then the

    rest started fi ring. 1502. Q. Then you heard general firing? A. Y cs. 1503. Q. At that time you were aft, on deck 1 A. Y es . 1504. Q. And were yo n looking over the side at the natives in the water, or what? A. After they started firin g, they q.ll kept on firing, and I said, " This is no,

    Wttne.ss-J. I nman.

    place for me; those natives might turn round and come and give us a shower back," and none of us were armed, so I went below. 1505. < 2. You mean none of the crew were armed 1 A . None of the crew.

    1506. Q. So you said to yourself, the best place for you was below, and you went below, is that it? A. Yes. 1507. Q. Did I understand from you that the only arrows you saw fired were two, and you saw another native in the act of firing, and he was shot before he could do A . Yes.

    1508. BY HIS HONOR: Q. W as that the very first shot that struck him 1 A. I will not be sure ; there might have been three or four at the same t ime. 1509. Q. ·wer e there several shots about that time so near together? A. Y es, very near together. There might

    have been three or four. 1510. Q. W as there not one shot that came rather be­ fore all the others 1 A. W ell,. it appears to me it was like a single shot, but there might have been three or four.

    1511. BY Mn. INNES: Q. But this was the. first re­ port you heard when you saw the man shot? A. Yes. 1512. Q. And, if there had been any other shots at that time, you mean they were so instantaneous with that shot

    that they sounded like one? A . Yes. 151 3. Q. And you thought it was one? A. Y es. 15U. Q. And, a fter that fn·st single shot, the firing became general ? A .. Yes. vVh en they st:1rted general

    firing, they were all going to pick up their· arrows, but t hey t hought better of it, and left them in the and

    started to paddle off. Then I went below and by down, and saw nothing more. 1515. Q. The last you saw of them, they were paddling off as hard as ever they could go 1 A. They were not

    paddling as quick as they could go; but some were quick, and others--1516. BY HIS HONOR : Q. They seemed in doubt as to whether to give the ship a volley, or clear out? A. Y es.

    151 7. Q. And they seemed to make up their)ninds that the best thing to do was to clear out. A. Yes. 1518. BY MR. INNES: Q. You say this man, who was shot, was about 15 yards from the vessel, a little forward of amidships? A. Y es, he might have been 10, but it was about that. It is hard to judge distances.

    1519. Q. Was that the only native you saw shot? A. That was the only one. 1520. Q. Before they came on board that morning at all did you hear any order given? A. Well, I heard one order that they were going to try and capture t he mur­

    derers of Chalmers and Tomkins. 152 1. Q. vVhat time was that 1 A. I could not say. 152 2. Q. That was Sunday morning? A. Yes, and the next order I heard was one of the policemen saying they had got orders to stand by.

    Q. To stand by 1 A. In case the natives did

    attack the vessel while they were securing the nmrderers. 1524. Q. That was before they came aboard at all1 A. Oh, some of them were aboard ; lake und a few more of them were on board.

    1525. Q. You say you thought the b es t thing was to go below, and you went below? A. Y es . 1526. Q. Was the firing going on while you were below 1 A. Y es, the firing was going on.

    1527. Q. About how long was it from the time you heard the first shot, which struck the native, until the firing ceased altogether? A. About seven or ten minutes; it did not seem long.

    1528. BY HIS HONOR: Q. By the w:1y, which side of the ship was that native out A. On the starboard.

    1529. BY MR. INNES: (J. On t he starboard sid e ? A. Y es . 1530. Q. When did you come up again 1 A. After the firing was finished, I carne up.

    153 1. Q. After the firing finished 1 A. Yes. L

    77 143

    28 July, 1904.

    1532. Q. And what was the position of affairs then? A. I saw all the canoes drifting astern, some empty, and the r es t of the niggers paddling away. 1533. Q. About how many empty canoes do you think there were drifting astern? .A . I saw about five or six.

    1534. Q. Do you know, from your experience among the natives-- By the way, have these waters any croco­ diles? A. In these rivers, yes. 1535. Q. Do you know if the natives are afraid of

    the crocodiles? A. I would not be sure whether they are frightened or not; I suppose they are, if they a re like t he rest of them. 15 36 . Q. They are 1 A. Yes.

    1537. Q. And you th ink t he natives wou ld not willingly jump off their canoes and swim ashore, unless they had some pretty strong reason 1 A. W ell, I suppose, in the case of bullets flying all round t hem , they would not think

    of it.

    1538. Q. You think they would choose the crocodiles, as the lesser evil of the two 1 A . Yes. 1539. Q. You say some fiv e or six empty canoes were drifting astern ;-were they drifting apparently without any guidance at all? A. Yes, with nobody near them.

    1540. Q. And some others were approaching the shore; -had they landed 1 A. Some had landed, and others were getting close to the shore. 1541. Q. And the firing by that time had ceased

    altogether? A. Yes. 1542. Q. What did you do when you came on deck 1 A. I just came on deck and had a look round, that's all. 1543. Q. Did you see the natives who had been arrested 1 A. I heard that they had been arrested, but I never looked at them.

    1544. Q. You did not look at them 1 A. Not until the evening. 1545. Q. ·where were you in the evening? A. On thE' foredeck.

    1546. Q. And how were they secured then 1 A. vVit1 handcuffd and a chai n. 154 7. Q. Whereabouts were t hey 1 A. Round the mast on the foredeck.

    1548. Q. What time was that? A. Before tea-time. 1549. Q. About 5 o'clock 1 A. Y es; about a quartet to 5. 1550. Q. How were they secured at that time? A. They had handcuffs and leg-irons ; and the chain was rove through their handcuffs, with a turn around the leg-irons, and the irons were on the leg ; and then rove off to the other handcuff, and just t he same turn right round the mast; and a padlock put on it.

    1551. Q. Did you have a good look at them that time 1 A. 155:2. Q. Did they show any signs then as if they had been through a pretty severe struggle 1 .-1. There was only one fellow t hat was cut in the head, and that is all. The others did not seem to be injured or swollen up in any

    way ; they did not seem to be bruised. They would not haY e swollen heads at that time. 155 3. Q. Y ou say that was about a qu a rter to 5 in the ev• ·ning? A. Y es.

    1554. Q. Between the rooming and that afternoon, wer·' yo" on deck all day; or liad you gone back below 1 A. I was below .

    1555. Q. You had been night-watchman 1 A. Yes; I came up ,,t dinner time and had dinner, and then went below. 1556. Q. And went clown again 1 A . Yes.

    1557. (J. And you saw nothing ? A . N o; saw nothing. 1558. Q. H ave .\OU ev er bee n before, in New Guinea on board a vessel t hat has bee n a ttacked by natives? A. No. Only once on a small cutter, wh ere they tried to ma ke an attack ; but we were warned t hey wPre coming, and we got up and were ready for them-in CollingwooJ

    Bay. 1559. Q. Where is that 7 A. On the north·east coast.

    78

    Witnesses-J. Inman and J. Hine.

    I560-l. Q. What size cutter was she? A. Twenty-two footer. I562. Q. What crew-how many 1 A. Only two of us. I563. Q. The attack could not have been a very serious thing, if two of you could keep them off? A. It was in Collingwood Bay that we were going, and there are only two or three small villages, because in the big villages they have nearly all been quietened clown; and mis­ sionaries are there. It is only these other places-people coming down from the bush. They have two or three houses built on the beach for camping in when fishing. Those are the people we thought would come down-the bushmen.

    I564. Q. They are more uncivilised 1 A. Yes. I565. Q. But the "Merrie E ngland " is, of course, a very different vessel from a 22-foot cutter, is she not 1 A. Y es .

    I566. Q. Notwithstanding that, and notwithstanding that you haLl the constauulary and the crew on boa rd, you think they meant an attack on the Sunday morning 1 .A. Yes.

    I567. Q. You sawno othernatives hit, didyou 1 A. No. I568. Q. Did you see the natives return that day- the Sunday 1 A. Well, I said in Brisbane that the women came off the same day; but they did not come off that day : they came off the next day.

    1569. Q. That was the Monday? A. Yes. I was not .

    sure whether it was the same day, and, when I came back from the inquiry, I thought of it; but there were no

    women came off on the Sunday. There might have been some alongside; but I was below. I570. Q. You did not see them 1 A. No. I57l. Q. ·were you on the deck on Monday? A. Yes; I was at work.

    I572. Q. When did you say these women come along­ side 1 A. Before dinner. I573. Q. What were they doing, do you know 1 A. They brought tucker off for t his chief.

    I 57 4. Q. That is one of the men captured 1 A. Yes ; lake. Hj75. Q. What tucker was it 1 A. Sago and taro. I

    never looked to see. I576. Q. What is taro 1 A. A kind of vegetable they have got growing over there. I577. Q. And these were handed up from the canoes alongside, were they? A. Yes.

    I578. Q. But none of the party carne on board 1 A. No; not that I know of. I579. Q. That was all that happened on Monday. Were you on the deck on Tuesday ? A. Yes.

    I580. Q. Did you see any natives that day ? A. I sa;w a few. I58l. Q. Did they come alongside that day? A. Yes; I think some of them did come alongside.

    I582. Q. There were some skulls sent down, as a matter of fact : or did you see it? A. I do not know whether it

    was Monday or Tuesday; but I know there were some skulls aboard. They put them into a canoe, and let the canoe drift alongside. I583. Q. On the Sunday, and Monday, and Tuesday, did you see any natives along the shore at all? Or did they all disappear 1 A. I did not take much interest in looking to see if there were any on shore.

    1584. Q. But after this fight, did not you look to see if they had cleared out 1 A. After the fight on Sunday morning, they appeared to me to be all in the bush, not very far in from the banks.

    I585. Q. Could you see them? A. You could see some of them walking backwards and forward s amongst the scrub; and you could hear some of them crying, as if they had been wounded.

    I 586. Q. T hat was on the Sunday 1 A. Y es; after the firing ceased, and I came on deck. I 587. Q. Do you remember one of the native police telling you some communication he had had with the natives. A. Yes.

    28 July, 1904.

    I 588. Q. ·when was that? A. ·when the vessel was le::wing. I said, " ·what are they singing out about 1" He said, "Oh, they say when 'Merrie England ' come back again, they will have another fight with her ; that all their big canoes were up the river buying sago, and no one there ; and there was not a big enough crowd to

    tackle her t his time." I 589. Q. But the next time they came back, they would have a big fight ready for them? A. Y es ; they would be prepared for us.

    159 0. Q. From what you heard of the natives, do you think that that will occ ur? A. \Veil, they never forget. They have always "got it in for somehow. If they

    do not take it out of us, they will take it out of someone else. There might be a trader go in there. I 59 l. Q. So you think th'l next white crew that goes there will have a bad time of it 1 Y es.

    [Witness retired.]

    JOHN HINE

    was sworn, and examined as follows:-I 592. BY lYIR. INNES : Q. Your name is John Hine; and you are a fireman and launchman attached to the " Merrie England " 1 A. Y es.

    1593. Q. How long have you belonged to the "Merrie England "1 A. About two years. I594. Q. Previously to March of this year, had you bee n in her to Goaribari before 1 A. No.

    I595. Q. You were in her on the 5th of March last, on the Saturday morning when you arrived at Goaribari? A. Y es. 1596. Q. Before you arrived at Goaribari had you any idea of the reason of your going to Goaribari? A. I heard

    that it was on account of the massacre of Chalmers and Tomkins. I 597. Q.Youheardthat 1 A.Yes. 1598. Q. Did you know what was going to be clone in consequence of that ? A. I heard tl1at they were going to try and take prisoners for the murder.

    1599. Q. They were going to try and capture the

    murderers ? A. Yes. I600. Q. But how they were going to do it, I suppose, you did not hear ? A. I did not know. I60l. Q. We are told you arrived at Goaribari about half-past II on Saturday morning. W ere you on deck when you arrived ? A. N o; I was clown in the engine-room.

    I602. Q. For how long did you remain in the engine-room? A. Till 12 o'clock. I603. Q. By that time, I suppose, the steamer was at anchor ? A. No; she was not quite at anchor at that

    time ; I do not t hink she had the anchor dropped. I604. Q. Steam was allowed to go down, was it not ? A . Well, the steam did not go down before evening. 1605. Q. But it went down gradually? They let it go down? A. Yes; they always let it go down gradually.

    1606. Q. I mean, there were no orders given to keep the steam up? A . No ; I did not hear any.

    1607. Q. You went on deck at I2 o'clock? A. I was on deck at I2. I 608. Q. At that time were the natives round the

    vessel ? A. No ; I do not think I saw any that time. I609. Q. Did you see them coming off the shore ? A. I saw them in the afternoon- not till the afternoon. I 610. Q. When you saw them, were t hey aboard, or did they come aboard? A. No; they did not come aboard before the evening.

    1611. Q. About how many did you see round the

    " MeiTie England "? A. It would be hard for mE> to say the number. I6I 2. Q. About how many canoes would you think 7 A. About-- (h esitatin g).

    1613. Q. How many natives? A. About 200 natives. 1614. Q. You say they came abqard towards the

    evening ? A. Yes ; just one or two.

    '79

    Witness-J. Hine.

    1615. Q. Did you see them come aboard 1 A. Y es. 1616. Q. W ere t hey asked to come aboard, or did they come aboard at once1 A. They we1·e asked to come aboard, or enticed to come a board- they were not asked.

    1617. Q. 'rhey were not asked; because they could not speak the language; but just tell us how they were

    enticed 1 A. They tried to get t hem aboard the best way they could, beckoning to them, and leading them up ; but they were very shy. 1618. Q. When they came aboard, what did t hey do 1 A. Just had a look round t he ship.

    1619. Q. Were t hey show n over the ship1 A. No; they did not want any showing; they went themselves . 1620. Q. So t hey got over their shyness by that time 1 A. Y es.

    162 1. Q. A nd was t here any trading done that day, as far as you remember 1 A. Y es; I got a few spears myself. 16 22. Q. Spears or arrows 1 A. Spears. 1623. Q. Distinct from arrows, which a re not spears at

    all1 A. ·wen I think, from what I could see of them,

    t hat they were like arrows and spears together. 1624. Q. They could be used as either, you thinld A. Y es. 1625. BY HIS HONOR: Q. How long would t hey be 1 A. About 5 feet or 5 feet 6 inches long.

    1626. BY INNES: Q. You have seen the arrows t hey use there 1 A . Y es, I saw them there; that is the

    first time I saw them. 1627. Q. What I mean is, did you see any arrows that differed from the spears yo u traded fo r 1 A. No, they were all the same.

    ] 6 28. Q. You say you yourself got some of those arrows 1 A. Yes; I got some. 16 29. Q. Were there any bows traded for as far as you know 1 A. Bows a nd arrows together, yes; but there were not many went aboard the "Merrie England. "

    163 0. Q. Many of the natives 1 A. Arrows or bows. 1631. Q. But you got some arrows; and there were some bows traded for? A. Yes. 1632. Q. About how long did they stay on board that

    afternoon 1 A. Until about 5 o'clock. 1633. Q. How long wo uld that be 1 A. That would be just coming dark. 16 34. Q. About what time did they come aboard 1 A. About 3 o'clock-between 3·30 and 4 o'clock. They were

    not on board long. 1635. Q. From about 3·30 to 5 o'clock 1 A. Y es, near enough. 1636 . Q. And then, about sundown we are told, they sheered off, and went back hom e 1 A. They went to their

    different villages. 1637. Q. Did you notice whether t hey were armed on that occasion, and whether t hey had their bows and arrows wit h them 1 A . Every one of them.

    1638. Q. And were the arrows in bundles, or what 1 A. Some in bundles, and some in cases. 1639. Q. B ut every one appeared to be perfectly friendly as far as you could see, that clay 1 A. vVell I diu not like the look of them, although they appeared to be friendly, or trying to be.

    1610. Q. Why did not you like the look of them 1 A. Because they looked as if they were seeking for so met hing, t o my idea. ·

    1641. Q. Seeking for something 1 A. Yes. 1642. Q. Do yo u mean t hey wanted to steal so mething, or what 1 A. Yes; they will steal anythin g they get their hands on.

    1643. Q. I s that what you mean by saying you d id not like t he look of t hem 1 A. I did not like t he looks of them at all. I thought t hey were peculiar in their ways, They went sneaking about, looking into every little thing n,nd corner.

    1644. Q. You have never been to Goaribari before? A. No. 1645. Q. Do I understand you did not like t he look of them because they lookE)d as if they w<1n ted to steal t hin gs 1

    A. Yes. -

    145

    28 July, 1904.

    1646. Q. Is t hat it, or do you mean you thought they meant attack on you 1 A. vVell, put the two together, I could not hardly explain my reasons for thinking so; but I had an idea.

    164 7. Q. That they meant to attack 1 A. I t hought

    they would have done so later. 1648. Q. But I am talking about the Saturday 7 .A. No; Saturday, I do not think so. 1649 . Q. On Saturday, you did not mind the look of them 1 A. Not on Saturday afternoon.

    1650. Q. You thought they were quite friendly 1 A. I did : yes. 1651. Q. That is, on Saturday. A. Y es. 1652. Q. On Sunday morning, what time did you come on deck? A. About half-past 5 o'clock.

    1653. Q . .. Were there any natives round t he vessel at that time 1 A. Yes. 1654. Q. About how many 1 A. They were just coming along. It was just daylight. They were alongside the ship about 5 o'clock, I t hink.

    1655. Q. B ut you got on deck about half-past 5 o'clock, and yo u say there were a few coming alongside, and others in the distance 1 A . Yes ; in canoes.

    1656. Q. · Did they come on board at once, or did they wait 1 A. They did not come aboard until about 7 o'clock. 1657. Q. Before they came on board, about how many would you say were ro und the vessel 1 A. About 200.

    1658 . Q. About the same as on Saturday 1 A. More. 1659. Q. More than on Saturday? A. Yes. 1660. Q. You said 200 on Saturday: how many more do you think there were on Sunday 1 A. Hard to say, because they were scattered.

    1661. Q. Twice as many, or half as many 7 A. I could not say. Two or t hree hundred would be the utmost, I think; but at that time; of course, they were still coming, and kept coming.

    1662. Q. And just before they came on board, you say there were about 200 or 3001 A. Yes. 1663. Q. D id you notice them 1 Were they any

    different from what they were on t he previous day, the Saturday. A. No; just t he same. 1664. Q. That is, they had tne bows and arrows-some arrows tied up in bundles, and some in cases 1 A . Y es;

    and armlets on, what they have for shooting the arrows with. 1665. Q. And had they t hose on, on the Saturday 1 A. Y es.

    1666. Q. They were just the same1 A. Y es. 1667. Q. Before they landed that day, had you any idea t hat thev meant to attack the vessel1 A. On the Sunday1 1668 . • Q. On the Sunday morning 1 A. W ell, I thought it was very strange, the way they were coming in big

    numbers. 1669. Q. But you say they were about the same as they were on the Saturday 7 A. I say t hey were about 200 on the Saturday.

    1670. Q. And between 200 and 300 on the Sunday 1 A. Yes. 1671. Q. Is that the only reason you thought there might be an attack 1 A. I thonght they meant business, yes.

    1672. Q. Only for that-because there were a few more than on the i::laturday 1 A . Well, because they kept

    coming. 1673. Q. Did they keep coming from half-.. past 5 to 7 o'clock 7 A. \Vel!, you ask me as to 7 o'clock. Of course, they kept coming up till 9, or until they took the prisoners.

    167 .J.. Q. Before you took t he prisoners, abou t how many do you think would be there? A. About two or three hundred . 1675. Q. That is what you say, about 7 o'clock? A. I could not say.

    1676. Q. But is thn,t the onl y reason you have for

    thinking they meant an attack-because there were a few more on Sunday 7 A. Yes.

    Witness-J. Hine.

    1677. Q. Otherwise, they were just the same1 A. Just exactly the same. 1678. Q. When did they come on board on Sunday morning? A. About 7 o'clock.

    1679. Q. And were they enticed on board the same way on Sunday, as you say they had been on Saturday 7

    A. 'l'hey got into the launches and paddled up to the ship's side; and gradually one would go on deck, and then another. 1680. Q. W ere inducements offered them 7 A. No; they came on board of their own free will. No one

    stopped them. 1681. Q. But were t hey invited 7 A. I did not see any invited. 1682. Q. But, on the Saturday you did, you say 1

    A. Yes; on t he Saturday. 1683. Q. On the Sunday you did not? A. No. 16 84. Q. About how many went on board on the

    Sunday morning? A. Twenty or thirty. 1685. Q. And were they going about the vessel, in the same way as they had been on the Saturday 1 A. Y es, looking at everything.

    1686. Q. Down in the engine-room, and all over the ship 7 A. Yes, all over the ship. 1687. Q. And did trading go on, that day ; A. No;

    no trading went on that day. 16 88. (J. That is, as far as you could see 1 A. As far as I could see. 1689. Q. You did no trading that day 1 A. No ; I did none.

    1690. Q. ·where were you when you first noticed any­ thing unusual 7 A. I was in the launch. 1691. Q. Was the launch at that time in the water 1 A . Yes ; they were at that time in the water-the two launches.

    1692. Q. Were they both in the water 1 A. Yes . 1693. Q. That is, the "Ruby," and a smaller launcl1 1 A . Yes. 1694. BY HIS HONOR : Q. That is the boat belonging to the "Merrie England" herself? A. Yes.

    1695. Q. The "Ruby" is a distinct boat, not belonging to her ? A. Y es.

    1696. BY Mn. INNES : Q. But you say these launches were both alongside 1 A. Yes. The small one was inside - between the ship and the "Ruby,"-the "Ruby " was on the outside.

    1697. Q. So, therefore, I presume you could not say what happened on deck 1 A. No; I could not see from below what happened on deck,-from the launch. 1698. Q. What did you see 1 A. I saw them trying to get the prisoners.

    1699. Q. Could you see thaU A. I could see that from the launch. They were on the boom. 1700 .. Q. You saw them trying to capture some natives who were on the boom 1 A Yes; one man especially.

    1701. Q. What was the next thing you saw? A. The next thing was, that he got as far as the ship's side ; and they were still trying to entice him aboard. 1702. Q. Entice him 1 A. Y es; get him aboard.

    1703. Q. Drag him aboard? A. No; no hands on him. 1704. Q. Well, up to that time there had been no force used 1 A. No. 1705. BY HIS HONOR: Q. How would he come from the end of the boom to the ship ? A. Well, they

    could get up the end of the boom by a rope-ladder. 1706. Q. vVas there a rope-ladder hanging from the end of the boom 1 A. Yes, always. 1707. Q. Is there a horse on the boom underneath to walk along? A. :No; a rope from the guy-a hand-rope.

    1708. Q. So the man walks on the boom? A. Yes. 1709. BY MR. INNES: Q. What is the length of the boom : how far does it project from the gunwale ? A. I could not tell yo u exactly. 1710. Q. Up to that t here was no force used : they were trying to induce this man to come along the boom on deck 1 A. Yes.

    so·

    28 July, 1904.

    1711. Q. And did he A. Yes ; he got one leg on

    the ship's side, over the bulwarks of the ship. 1712. Q. Then what happened 7 A. I did not see any­ thing else happen then. 171 3. Q. Did you see him dragged in ? A. No, I did

    not. 1714. Q. What did you see? A. I heard

    on deck; and a native boy jumped from the ship's side into the launch, and then jumped into the water. That drew my attention ; and then I rushed up on deck. 171 5. Q. Then you went on deck? A. Yes.

    1716. Q. So the first thing you actually saw of the commotion was this native boy jumping from the deck into the small laun ch where you were? A. Yes, off the ship.

    1717. Q. Did he then jump into the water? A. Yes. 171 8. BY HIS HONOH : Q. By "boy" you mean any aged boy up to 60? A. Yes; t hey ca ll them all

    "boys. " 1719. BY I\iu. INNES: Q. Then you went on deck 1 A. Yes. "17 20. Q. Up to the time you got on deck, had there been any firing 1 A. Yes.

    1721. (J. The firing started before you got on deck 1 A. No; after I-- (hesitating) 17 22. Q. Well, I say, up to the time you got on deck had there been any firing 1 A . No.

    17 23. Q.None? A.No. 1724. Q. Whereabouts did you go 1 A. I went to the for'ard end of the deck ; that is the fore part of the ship. 1725. Q. And then what occurred: what did you see? A. 'l'hen I hea,rd the firing.

    1726. Q. Up to the time you heard any firing, did you see any arrows fired 1 A . No. 1727. Q. Was it general firing you heard first of all; or did you hear any single shots 1 A. They all seemed

    together. 17 28. Q. The first thing you heard was general firing­ all together? A. Yes; all together. (At this stage Mr. H. L. Ellis took shorthand notes oj the evidence and rwo ceeclings.)

    17 29. Q. \Vas that from all over the ship, or from any particular part? A. From all over the ship. 1730. Q. \Vhat were you doing when the firing was on? A. I went to one side.

    17 31. Q. Were you looking over the side of the ship? A. I got into the entrance of the engine-room. 17 32. Q. Did you go below? A. No, just in the door. 1733. BY HIS HONOR: Q. I think the engine-room opens aft 1 A. It opens on to the deck.

    17 34. Q. Looking aft? A. No, amid sh ips. 1735. Q. But the door I mean 1 A. There is a door on the starboard side and one on the port side. 1736. Q. Then on which side were you standing? A . On the port side-the same side as the launch.

    1737. BY MR. INNES: Q. From where yo u were co uld you see over the side of the vessel, could you see the natives in the canoes? A. Yes. 1738. <.J. What did you see them doing? A . Trying to get away, paddling away, and some jumped in the water out of the cano es. I do not know whether they were shot or whether they jumped into the water to escape. The firing did not last only a minute or so, and it was all over.

    17 39. Q. Did you see any arrows fired ? A . No. 17 40. Q. And you were looking over the port side 1 A. Yes. 1 7 41. Q. If any arrows had been fired, you would have seen them 1 A. Yes.

    17 42. Q. So on that side there we re no arrows fired 1 A. No. 1743. Q. You say the firing lasted only a minute or so. And yo u say you climbed on deck from the launch directly you heard the firing begin. Was that it ? .A. l came on deck, il>S soon as I heard the scuffle.

    JVitnesses-J. Hine and M. Adamson.

    17 44. Q. At that time did you notice whether they were attempting to get any uatives 1 A. Yes ; the police boys were securing these prisoners.

    81

    17 45. Q. I suppose they were struggling 1 A. Yes. 17 46. BY HIS HONOR: Q. Did you see any special struggle with the natives by the ship's ofi-icers? A. No ; they were nearly all handcuffed by the time I got up there. 1747. BY MR. INNES: Q. Up where? 1!. The forward part of the ship. 1748. Q. H ad you left the doorway? A. By the time I got on deck from the launch. 17 49. Q. You say they were nearly all handcuffed ·j A. Y es; I could see five.

    1750. Q. Handcuffed? A. Yes. 1751. BY HIS HONOR: Q. You know the man lake by name, do you not ? Jl. No. 1752. BY Mr{. INNES: (J. Did you know b e · was

    captured t hat day, and that lake was the man who is supposed to have murdered Mr. Chalmers? A. No. 1753. Q. Have you not been told that ? A. No; that is the first time I have heard it.

    17 54. Q. You are on the England " still- a re

    you not ? A. Yes. 1755. Q. Did you see at any time whether any of the natives were hit ? A. I could not say. 1756. Q. Did you see them either fall or jump from the canoes ? A . They appeared to jump from their canoes when I saw them.

    1757. Q. The ones you saw appeared to jump? A. Yes. 1758. BY HIS HONOR: (J_ What did they do with whatever they had in their hands, wh en they jumped? A. I think they had the paddles in their hands to keep them up, and there wet·e som e that hung on to the side of

    the canoe. They were in the water, and hanging on to the canoe. 1759. (J. K eeping on the far side of the canoe? A. Y es. 1760. BY MR. INNES: Q. Keeping the canoe between them and the firin g 1 A . Yes.

    1761. Q. Did you see any empty canoes-- apparently quite empty ? A. Yes. 1762. Q. About how nmny? A . I saw seven m· eight. 1763. Q. I do not mean those yo u saw that men were

    hanging on to? A. . There were so me canoes the men

    jumped out of, and left them, and swam ashore. These canoes all went round and round-every canoe that was empty. 1764. BY HIS HONOR : Q. But did those men

    who swam ashore leave the paddles in their canoes, or take them ashore? A. I cou ld not say. 1765. BY Mn. INNES : Q. Can you g ive us any notion at all as to the effect of t he firing ? A . No.

    1766. Q. Then I suppose the natives made for t he shore the best way they could 7 A. Yes. 1767. Q. You say that the firing waR only about a

    minute and a half from t he t ime you heard it first, t ill the last shot was fired? A. I do not think it lasted more than two or t hree minutes at the outside. 1768. Q. Did you see anyone else firing besides native

    police 7 A. No. 1769. Q. After the natives got away, a,nd the firing had ceased, did you have a look at the men who were captured? A. No; I went to have a look Ht the launch.

    1770. Q. vVas she all right? A . Y es . I found some

    spears in her. 1771. Q. They were left, I suppose, by the natives, when they jumped from the launch 7 A. Y es . J only

    found one bow and some arrows. 1772. BY HIS HON OR: (J. How many arrows 1 A. About four arrows. 1773. BY l\'Ir:. INNES: Q. You took those to belong to the n atives who jumped overboard from the launch 7

    A. Yes. 177 4. Q. What beca.me <.>f t hat bf!w t,hose arrO\\'S 1 A. I gave them away,

    147

    28 July, 1904.

    1775. Q. Those were not four of the arrows that were supposed to be found on the vesscl afterwards? A. No. 1776. Q. Could you tell whether those arrows were poisoned or not? A. I could not t ell you exactly, but

    they had a red mark on them, as if they had been dipped into something. 177 7. Q. And from that you judged t hey were A. Y es .

    177 8. BY HIS HONOR : (J. A red mark on the head 1 A. On the head of the arrows, where the prongs are. 177 9. Q. The business end of it? A. the one that

    does the damage. 1780. BY MR. INNES: Q. You judge from that they were poisoned ? A. 1781. fJ. That is th e onlv reaso n you have for thinking they were poisoned ? A. Yes.

    1782. Q. You have never experimented, I suppose 1 A. Ko. 17 83. Q. Did you afterwards go and see the natives who were captured 1 A. Yes.

    17 811. Q. Where were they then? A. They were hand­ cuffed round the mast. 1785. Q. Had they also kg-irons on ? A. I am not sure whether they all had leg-irons or not.

    1786. Q. Did t hey look as if they had been having a struggle ? A. No, they looked very well. 1787. Q. Not very happy, I suppose 1 A. It is a hard job to know whether they are happy or not by their looks.

    They bad no marks or anything on them. 1788. Q. On none of them 1 A. No. 1739. (J. You stayed on board after that, that Sunday? A . No, I went into the launch.

    1790. Q. Did you land with the party 7 party

    did you go with ? Were you with Mr. Jiear? A. I was

    with Mr. Jiear. The "Ruby" had the J uclge in a boat she was towing. 1791. Q.AndyouwentwithMr.Jiear'sparty7 A.Yes. 1792. Q. Did you land with him ? A. No.

    1793. Q. Y ou took him ashore 7 A. Took him to the front of the village, and then waited for him. 1794. Q. You spent pretty well the whole day doing that ? A. Y es.

    (/. A nd came back that e\'ening? A . Yes.

    17 \JG. (J. D id you see an y natives t hat day? A. I did not sec one. They had all left the villages, so far as I

    cou ld see. 1791. Q. Then you came back to the "Merrie England,. that evcninf!, and nothing happened? A . Nothing. 17 08. Q. On the Monday, did yo u do the same thing?

    A. Yes ; we went in another direction, to visit othet·

    Yillages. 1799. Q. Did you see any other natives that day?

    A. at one village in a creek, when we were going up

    towards the creek. They appea red to b e there in large. numbers, but, as we got close r to the village, they all disappeared. 1800. Q. Then you did not get into touch with them at all ? A. No.

    1801. Q. Could you t ell wh ether they were armed 1 A. Y es, we co uld see they were armed. They had bowS, and arrows wit h them. 1802. (j. And then on the Tuesday- \v e have been told

    that so me natives came and made a canoe drift to tho Yessel, co ntainin g Horn e skulls. Did you see that? A. Yes. 1803. (J . . And then you left that Tuesda.y morning? A. Y es.

    [Witness retired. ]

    ::VIAGNUS ADAMSON

    was sworn and examined, as under:-180-t . BY l\1R. INNES: Q. Your name is Magnus Adamson ? A. Yes. 1805. Q. You are a P.ren1an on l:)oard the (

    Witness·-M. Adamson.

    1806. Q. How long have you been on board the" Merrie England" 1 A. About t wo yen.r3. 1807. Q. You were on board when she went to

    Goaribari in March last 1 A. Y es. 1808. (J . vVasthatyourfirst visitto Goaribari? A. Yes. 1809. Q. vVe are told that you arrived at Goaribari on the Saturday morning, tho 5th of March ;-were you on board or were you below wh en the arrived 1 A. I

    was on deck when she arrived. 1810. Q. Some short time after sh e arrived, natives began to come round the vessel ? A. Y es. 1811. Q. Could you sa,y how nmny were round her 1

    A. Ahout 200. 1 12. Q. Did they come on board 1 A. Some came

    aboard. 1813. Q. Did you see them co me on board 1 A. Yes ; I saw them inducing them to come on board- the

    Governor and Mr. Jie11r, with tomahawks, trying to get them on board. 18 14. Q. That was Judge Rohinson? A. Yes. 18 15. Q. And he and Mr. Jiear were offering toma hawks and things to induce them to come aboard 1

    A. Y es. 1816. Q. And they came on board 1 A. No; they did not get them on board t hat time. 1817. (.j. Did not any natives come on board on

    Saturday 1 A . I forget. 1818. Q. Just t ry and think whether you saw any the day you arrived? A. I could not say for certain. 1819. Q. vVhat were you doing all that day-the day you 11rrived 1 A. I was on deck. I was off watch when the ·hip arrived at Goaribari.

    1820. Q. Then, can you remember, did you trade with them, for instance 1 A. No. 1821. Q. And you cannot r emember whether any came on board that day or not ? A. I could not say for certain.

    18:22. Q. You put the fires out? A . Yes; we drew the fires . i823. Q. ' Vell, then, can you remember anything pec uliar on the S11turday 1 A . No.

    1824. Q. Now, let us come to the Sunday morning;­ did you go on deck on the Sunday morning? A. Y es; I was on deck pretty early-about half-past 6. 1825. Q. ·w ere the natives round the vessel then? A. Yes ; they were beginning to come round.

    1826. Q. Can you remember wh ether t hey came on board that morning 1 A. Y es. 182i. Q. Did they com o on board readily, or were they induced 1 A. W ell, they tried to induce some of them, but some came on board of t heir own free-will.

    1828. Q. When t hey came on board, what did they do ? A. Just having a look round the ship. 1829. Q. Was there any trading going on? A. Not that I know.

    1830. Q. You did no.t do any trading ? A. No. 1831. BY HIS HONOR : Q. That does not mean "trading," more than swopping arrows and t hat kind of thing 1 A. I quite understand what you mean.

    1832. Q. You did not see anything of that ? A. No, sir. 1833. BY MR. INNES : Q. You did n ot swop anything for bows and arrows all the t ime you were there 1 A . No. 1834. Q. Did you see any arrows that were got in that

    way? A. No. 1835. Q. Now, on the Sunday morning, what was the first you saw of the sc uffle or the commotion? A . I ·was standing between the saloon door and the companion way.

    1836. (J. I s that amidships? A. Y es ; on t he stal'board siue. All of a sudden t here was a bit of a rush, 11nd I W fLS knocked on my back by the natives trying to r ush of[' the boat.

    183 7. BY HIS HONOR: Q. You went on yo ur back into the scuppers? A . Y es. 1838. Q. You picked yourself up as quick as yo u could 1 A. Y es; I was soo n on my feet.

    82

    28 July, 1904.

    1839. BY l\'IR. INNES: Q. When you got on your feet? A . Tho fi ring had uo mmenccd when I got on my feet. I hcn.rd one shot amidships; t hen the native police started to fire.

    18'W. BY HIS HONOli- : Q. H ow long a fter that one shot did th e general firing beg in? A . It was not a minute. ] 841. BY lYIR. INNES : (J. Do yo u mean a few seconds1 11. It was h11rdly a second ; there was one shot, a nd

    imm ed iately after wards gcneml firing. 1842. Q. Did you notiuo who was firing ? A. The native police. 18-13. Q. When you got up, where dicl you go 1 A. I stood :1 good wh ile, watching the police firing.

    18H . Q. Did you fire yourself? A. No; I had no rifle. 1 '-15. BY HIS HONOR: Q. From where you were, did you first go forward or aft 1 A. I was never forward ; I was 11mid ships, between forward and aft, on the starboard qu a rter.

    1846. BY Ma. INNES: Q. You were looking at the natives over the side of th o ship ? A. Yes. 1847. Q. From where you were did you see anyone hit 1 A. Y es.

    1848. Q. About how mn.ny did you see hit 1 A. I could not say how many. I saw three or four go down myself, and never come up again. 184 9. Q. You know they did not come up again 1

    A. They might do that; t hey can dive and swim for a good distance. 1850. (J. A llowing t hem to be good swimmers and good divers, how many do you think you saw t hat were hit 1

    A. I s<.Lw three or four myself that I think were hit. 1851. BY H I S HONOR: Q. Could you tell t he dif­ ference between a man falli ng into the water after he was hit, and a man jumping into t he water 1 A. You co uld see 11 difference.

    1852. BY MR. INNES: Q. But the men you saw were A . They were knocked out.

    1853. Q. You could tell the difference? A. Y es. You could see him put the hands up and fall out of the canoe. I saw five or six that way myself, 1854. Q. You were on which side? A. The starboard side.

    1855. Q. And you were there from the time you got up till the natives cleared out 'I A. I was on the port side a, bit. 1856. Q. You moved across 1 A. Yes.

    185 7. Q. Did you see any arrows fi red? A. I saw about two or three. 1858. Q. When was t hat 1 A. Just before t he firing commenced. After I got up from my back, I looked over the rail, and saw a fellow with a bow and arrow.

    1859. BY HIS HONOR: Q. What became of that man ? A. I co uld not say. 1860. BY Mrr. INNES: Q. Then you say you saw two arrows fir ed? A. Y es.

    186 1. Q. You saw them actually A. Y es.

    1862. BY H IS HONOR: Q. W here did they go, t hose arrows 1 A. I think they went right over the ship myself. 1863. BY MR. INNES: (J. Did t he natives seem to ftrc in an excited kind of way, or did t hey take deliberate aim 1 A. I could not SiLY; I was too excited myself.

    186-J. BY HIS HONOR: Q. I suppose they can stand up in their canoes pretty steadily? A. Yes. 1 65. BY 1\frr. I NNES: Q. What width are these canoes 1 A. I could not say.

    1866. Q. What shape are they 1 A . They are hollowed out, and t hey ha ve outriggers, but not all of them. So me of them are just the trunk of a tree. 186 7. BY HIS HONOR : Q. Do you mean t he reg ul ar outriggers on poles, on one A. Yes; for steadyinl?

    pu rposes. 1868. Q. The same as tho catamarans? 11. Y es, just simila,r to the catamaraus. 1869. BY MR. I NNES : Q. About how long was it from the t ime the firin g first started up to when the last sho t was ..1. Ten minute:; or a quarter of an hour.

    83

    JVitnesses-M . Adamson and V. Burrows.

    1870. Q. Did you, after that, go and have a look at the natives who were A. Y es.

    1871. Q. were they 1 A. On the foredeck at

    the foreroa::.t. 1872. Q. How were they A . They had them

    tied with ropes by their ankles and hands to the mast. 1873. Q. When did you see them 1 A. J ust shortly

    before the firing was over. 1874. Q. Did they appear as if they had been engaged in a pretty severe A. I could not say.

    1875. Q. Were they hurt at A. I saw one fellow

    a. bit bruised.

    1876. Q. Did you see anyone bleeding 7 A. Just this one. He had a little blood on his face. 1877. Q. Then did you remain on the ship that Sunday, after the firing 1 A. I was on board all day.

    1878. Q. And nothing happened t hat Sunday 1 A. No. 1879. Q. Then the next day, on the M onda,y, did you remain on A. I was at work down below; but I

    was now and then on the deck. 1880. Q. On that day, we are told, some natives came alongside with so me A. Y es, three women in a

    canoe. There were two or three canoes there. 1881. Q. And they came to within speaking distance of the A. Yes.

    1882. Q. vVe are told they handed some yams and sago on board; did you see that 7 A. N o. 1883. Q. H ow close to the vessel did they A.

    They were a good way off t he vessel at first; but they came up closely at the finish . 1884. Q. How close did they A. Some of them

    were right alongside. 1885. Q. So that t hey coulp, if they wanted to, have h anded up anything 1 A. Yes. 1886. Q. vVere they tnJking to tho prisoners? A. I did

    not see them. ·

    1887. Q. vVell, then, on the Tuesday, wore you on board? A. Yes. 1888. Q. That is the day you left 7 A. 1889. Q. We are to!d that some natives then came out with canoes, and t hey let drift alongside the ship a canoe

    with some skulls 1 A. Yes, I saw that myself. 1890. Q. The boat was secured by a rope or st ring? A. Y es. 189 1. Q. And left that clay? A. Y es.

    [Witness retired. J

    VINCENT BURROWS was sworn and examined, as under :-1892. BY :Mn. I NNES : Q. Your name is Vincent Burrows 7 A . Yes .

    1893. (J. And yo u nre a lamp-trimmer on board t l1e " Merrie England" ? A. Yes. ·

    1894. Q. H ow long have you been on board tho "Merrie England "? A . About nine month s. 1895. Q. You joined her itt Cpoktown? A. Yes. 1896. Q. That was last N ovembcr? A. Y es.

    1897. Q. You were on board in Marc!1 last, when sl.o went to Goaribari ? A. Yes. 1898. Q. W e are told you arrived at Goaribari on S!ttur­ day, the 5th of March, some time b efor e dinne r? A. Yes.

    1899. Q. Were you on deck on the Saturday, when you arrived ? · A. Yes. 1900. Q. Did you see natives coming around? A. I did not stop on deck long. I was on deck w hen we anchore:l.

    1901. Q. Did you see any natives round the vessel that day 1 A. Yes, there we re a few round. 1902. Q. About how many? A. I could not say how many.

    1903. Q. You havenoidea? A.No. 1904. Q. Do you know if they came on board 1 A. I do not know if they came on board.

    149

    28 July, 1904.

    1905. Q. What were you doing 1 A. I was down in

    the forecastle half tha t t ime. 1906. BY HIS HONOR : Q. SL o has tho "forecastle" aft? A. Y es.

    1907. BY lVIR. INNES: (J. Then you did not see any nati vos on board t hat da,y, t he Saturday 1 A. No; I did not see any, as far as I can r emember. 1908. Q. You did not trade with them 1 A. No.

    1909 . (J. ·well now on the Sunday-what time did you get on dock 1 A. About half-past 6 I think. 191 0. Q. Do you remember wh et her there were any natives round t he vessel then? A. Y es, there were a few

    then. 1911. Q.Oould you say about how many? A. N o, I could not sav. 1912. Q. :bid you see them com e on board that day 1

    A. No. 1913. Q. Did you see them on boat·d? A. No. 1914. Q. You did not see anyone on board? A.· No. 1915. Q. ·w here were you that morning? A. I was on the bridge.

    1916. Q. Does the awning come b etween you and the main deck? A . Y es ; it comes right down. Y ou can

    see nothing on the deck. 1917. Q. But you could Ree either side of the ship 1 A. Yes. 1918. Q. Did yo u see the native canoes 7 A. Yes, a distance otl; but not close in. I was cleaning the com ­

    1919. Q. IV ell now, what was tho fir st you hoard, or saw, of any scuffie or struggle that took place 7 A. I only

    heard a struggle. 1920. Q. vVhat did you do when you hoa rd the struggle? A . I W!ts pulling the Governor's flag up. ready to bre

    19 21. Q. I suppose t hat did not take you long? A. It clo t'ls not ta, ke too long, but it is a go od distance up. 1922 . Q. Did you continue pulling it up 1 A. No. I

    look ed roun d a,nd seen spears coming, and I off to the chart-room. 192:3. BY HIS HONOR: Q. Arrows you mean? A. Yes.

    1921. BY :lHR. INNES : (J. An arrow or arrows? A. I saw one coming over t he bridge where I was standing. 1925. Q. Did it come right across 1 A. Hight ftcross . the bridge into the water at the other sid e. There were

    two of us on the bridge. 1926. Q. Who was the other one? A. other one

    was named Harry Turton. 192 7. (J . What becam e of him 1 A. H e has left the " Merrie 1928. Q. Did you see any other f:pe

    1929. Q. How many 1 A. I do not know how many; a good fo"·· 1930. Q. Coald you give us an idea ? A. No. 193 1. Q. Could you say a hundred or two hundred?

    A. I could not say. 193 2. Q. \Vas there one? A. IVIoro than one. 1933. Q. More t han two 7 A. Yes . 1934-. (J. 1\I ore than three 7 A. I co uld not say. 1935. (J. Did you see any of those itlTows fired? A. Yes. I saw on e fire d. A native ftred it out of a canoe.

    1936. BY HIS HONOH : (J . Where did he fire from­ which of t he ship ? A. The port side.

    1937. Q. Where did that arrow go 1 A. I did not stop to loo k whore it went . I got into the chart-room, and shut both doo rs. That was the last arrow I saw. 1938. (J. Once you got in the ch art-room, what could you see, wi t h bot4 doo rs shut? A. It was after I seen the arrows that I shu t the doo r.

    1939. Q. At the time you sa w the first arrow--! am asking about those that came across the bridge-had there been any rifle-firing at that time 7 A , No.

    Witnesses-V. Burrows, A. Jewell, and vV. C. Bruce.

    1940. Q. When did the rifle firing A . That was

    after. 1941. Q. After what 1 A. After the second lot came. 1942. Q. So you saw this single arrow, and then some more arrows, and after that you heard rifle firing 1 A. Just about a second after I seen this fellow fire an arrow out

    of the canoe. 1943. Q. You say an arrow come over the bridge, then you saw a "shoal " of arrows, then you saw another man firing an arrow, then finally, after that, you h eard rifle firing 1 A. Yes, I heard a few rifle shots, thac is all.

    1944. Q. What do you call a few? A. I could not say h ow many ; there was not many. 1945. Q. Half a dozen ? A. About that I suppose. 1946. Q. At this time you were in the chart room 1 A. Yes.

    1947. Q. I suppose yon were cronehing down, to

    get out of the road 1 A. Not exactly crouching dow n. After the rifl e shots ·were fired, I crouched down. 1948. Q. I suppose you wer·e pretty excited? A. Yes, I was pretty excited then. I t would make anybody

    excited. 1949. BY HIS HONOH: Q. What did you crouch down to get out of the way of-the arrows 1 Were the of the chart-room OfJe n 1 A . No, the wi ndows

    are fixtures. I shut one door, and tr·ied hard to slJU t the other; but I could not get it quite shut. 1950. BY l\'In. I NNES: Q. I suppose you thought i t was pretty dangerous ? A. Yes.

    1951. (/ When did yon come out of the chart-roo m 1 A. ·when it was all over. 195:2. 0. All the shots had A. Y es .

    1!)53. (J. ·when you came ou t of the chart-room-it could not have been long, becaus e you say there were only half a dozen rifle shots-about how long would those take 1 A. I could not say exactly.

    1954. Q. \ Vas it LaJf an hour 1 A. I have no idea. 1955. (J. Might it have been balf an hour? A . I eould not give you any idea. 1956. Q. You came out of the char t room. About how long, after t he firing ceased, did you remain in t he chart room 1 A. About a quarter of an hour.

    1957. Q. You stopped in t he chart room that quarter of an hour after the firing was over 1 A. Y es. 1958. Q. After you got out of the chart room, what did you do then 1 A. l went down on the deck.

    1959. Q. ·w ere there any native canoes in sight then? 'A. Yes, a few. 1960. Q. ·where were they 1 A. Hight away down on the point.

    196 1. Q. How far away 1 A. About a mil e. 1962. Q. vVh en you came out of the chart room, the n cttreBt native canoe in bight was a bout a mile away ? A . Y es.

    196::!. Q. Then you went uown on dec k 1 A. Yes. 1964. Q. Did you see the men who harl been cnpturerl ? A. No. I did not go forward. I went straight down

    below, and stopped there. 1965. Q. The whole day 1 A. No, not the whole day, till dinner time. 1966. Q. Did you go down below after t bat1 A .. Yes . It was Sunday; we generally turn in then.

    1967. Q. Well now, did yo u t ell anyone about this spear you had seen 1 A . Y es . I told t he Governor a spear cam e across the bridge. 1968. Q. When did you tell him 1 A. About half past

    3 the same day. 19 69. Q. Did you go up to him to t ell bim 1 A. Yes, I went up and t old him. 1970. Q. What did he say 1 A. I do not know; I forget .

    1971. Q.What did you tell bim? A.I said, "Your Excellency, a spear eame across the bridge, and nearly hit me. " I forget what he said. 1972. Q. I suppose you cannot tell us much more about it7 A. No.

    [Witness retired.]

    84

    28 July, 1904.

    AHTHUR Jli:WELL

    (previously sworn) was recalled and examined, as under:-1973. BY lYIR. INNES: Q. I want to ask you, did you at time go up to J ucl ge Hobinson, either at the t ime

    of this occurrence or at :.my time afterwards, and say, " You are a damned coward, sir ! " 1 A. Certainly not. 197 4. Q. Did you, ei thf'r t hen or at any t im e, address him in t erms of great indignation at his action. A. N ever.

    1975. Q. ·were you, at the time of the occurrence, ordered to fir e at the natives, and did you refuse to 1

    A. No, I was not ordered. 1976. (J. Did you notice what kind of a rifle the Judge was nsin rr on this occasion 1 A. Yes; h e was using a

    Martini-Enfield, s porting pattern. 197 7. Q. Was that one of the same pattern as the

    nat ive constabulary used 1 A. It uses tlw same ammuni­ tion, but it is not the same pattern. 1978. Q. Was it his own private rifle? A. Y es. 197!J. Q. Did you examine or pay any attention to natives who had been captured that morning after their capture 1 A. I saw them on dec k, that was all.

    1980. Q. Did you notice wh ether they showed any signs of having had a severe struggle 1 A. There were marks of blooJ on one, and one man was bruised about t he head. [Witness retired. J

    IYILLTAN£ CUNNINGHAM BRUCE

    (pnwiously sworn) was re-examined, as under:-19i-\l. B Y Mn. I NNES: Q. Mr. Bruce, did M r. Jiear at any time before h e arrived at Goaribari, on the way to Goarib:n·i, speak to you about his intention to detain natives other tbn,n the actual murderers of Dr. Chalmers and l\1 r. Tomkins 1 Jl . H e told me that it was the Judge's intention to arrest, not only the murderers, but some hostages as well.

    1982. Q. Did he then, or at any other time, express any opinion as to this intention of the Judge's ;-did he say whether he disagreed with it 1 A. H e disapproved of it. 1983. (J. Did he tell you that he would endeavour to get t h e Judge to alter his intention 1 A. _He told me that he had asked the Judge, on several occaswns, to alter the plan, but that the Judge would not hear of it.

    19 84. Q. Did you, on one of these occasions-did Mr. Jiear suggest that you should go and speak to the Judge about it, too 1 A. No. 1985. Q. You do not rem ember that? Jl . No.

    1986. BY HIS HONOH: Q. How far was it, 1\'fr-. BrucE', that Mr. Jiear expressed his disagree ment with the in tention 1 A. It was wh en we were at Dam. I

    shoul d think a fortnight or so, or p erhaps more, before 1987. (J. I mean, to what ext1mt was it,, in so far as the whole went, or in so far as part of the went 1

    A. I think he disapproved of the arrest of anybody except the actual murderer:::. 19 88. Q. He agreed with the projec t so far as the arrest of the actual murderers was concerned, but not so br as the arrest of the hostages? A. That is so.

    1989. Q. And was that in relation to the making of t he on board the ship, or in r elation to the making

    of the arrests generall y anywhere 1 A. It was in relation to making the arrests on board the ship. 1990. BY Mn. I NNES : Q. Do you remember an

    orderly of you rs going to you, and t elling you that Mr. Jiear h ad asked him to assist him in making the arres ts 1 A. Yes. 1991. Q. Did you understand then that you were to arrest hostages, other than the murderers, or one of the murderers 1 A. One of the murderers .

    1992 . Q. A nd , as a matter of fact, one of yo ur orderlies did assist to arrest one of the murderers? A. Yes.

    [Witness retired.]

    85

    Witness-A. H. Jiea r.

    ARMY HENRY JIEAR

    (previously sworn) was recalled and examined as under:-199 3. BY MR. INNES: Q. Do you remember, during the firing, any of the native constabulary saying anything about this being a chance for " paying for their brothers," or anything like that 1 A. I did not h ear it at the time.

    1994. BY HIS HONOR : Q. Or after the firing1 A. I did hear afterwards. 1995. BY Mu. I NES: Q. Did hear what7 A. Mr.

    Bruce told me first, and I also h eard it af terw ards. 1996. BY HIS HONOR: Q. From whom did you hear it afterwards 7 A . From a native co nstable. 1997 . BY MR. INNES: Q. What did the native con­ stable say 7 A . H e said that he had lost a "brother,"

    (meaning, probably, a totem relative) in th e massacre, at the time the missionary party was killed, and that he had now paid for him. 1998. BY HIS HONOR : Q. When you sn,y a totem

    relative, do you mean a relative belonging to the same general clan 7 A . A member of the same sept. 1999. Q. How do you define the word "sept " in that relation 7 A. It is a word generally used in relation to

    totemism. 2000. Q. What would you include, in relation to t he New Guinea islanders, wi thin the term sept; how would you defin e it in relation to them 1 A. I suppose it would

    be considered synonymou s with the word " clan. " 2001. BY .MR. JNNES: Q. Do you mcn,n ihey had the s::tme worship, or what? Are the clans divided by villages or religiou s beliefs 7 A. By their particul::tr m::trk or sign. For instance, there would be the sept of the

    turtle. It is not a matter of wo rship at all, but they

    have certain co mmunic::ttio ns which they make to e::tch other, and they ::tdhere to each other, and show a greater amount of friendship for each other than for anyone else. 2002. BY HIS HONOR: Q. The totem is merely used as a symbol ? A. Y es.

    2003. BY MR. INNES : Q. I suppose the natives from an outside village would not have the same symbol or totem as the natives of other villages. I suppose they are confined pretty well to sep::trate villages 7 A. Yes; each

    village has its own distinct totem, but I have come across villages having the same totem as villages a considemble distance away. 2004. BY HIS HONOR: Q. Theydidnotacknowledge any relationship 7 A. No; it was just an accidental

    selection of the same particular badge. 2005. Q. Just like the number of a company in a

    different regiment? A. Just so. 2006. Q. Do you know from what part of New Guinea those teachers carne who wP re killed at the same t ime us Mr. Chalmers and Mr. Tomkins 1 A . There were no

    t eachers killeJ, your Honor. The natives that were killccl comprised one man who wa s chief of a village of an island in the Fly Ri1· er, and the oth ers were youths, from about 14 to 18 years of age, who were, so me of th em, in t raining as students, and others were just school boys, attending school at Daru.

    2007. Q. ·w ere they acting t hen as crew for Messrs. Chalmers and Tomkins? A . Yes, they to do t hat.

    2008. Q. They were not then, by any means, necessarily relations of the men who formed the body of t he police on the occasion t hey were at Goaribari 1 A. vVell, some of them came from the same villages, and that would account for their being called "brothers." I was acquainted with all of those lads.

    2009. Q. W ere many of them Kiwai natives 1 A. With the exception of two, they were all Kiwui natives. 2010. Q. vVere many of the. police Kiwai natives? A. Yes, there we re about ten Ki wai nati ves, or, if n ot Kiwai natives, they would be h om the near vicinity of Kiwai. They wo uld be all round the F ly estuary.

    2011. Q. Then there wo uld , in the nature of things, be a strong sympathy between the main body of the police nr

    151

    28 July, 190-t.

    and those natives who had been killed on the occasion of the Chalmers-Tomkins massacre 1 A . There would be a very strong sy mpathy b etween those men who came from the Fly River.

    20 12. Q. They would form a considerable element in the police force? . A. Y es. They were not in the majority, but still they were the police who were the oldest and the longest in t he force, and they wuuld be lik ely to do any­

    thing in a more effective manner thun the remainder of the police, because a number of the police were recruits. They c::tme from another par t of the P ossession altogether. 20 13. Q. Where did your Daru detachment co me from 1

    A. One man w::ts a Solomon I slander, and the remainder were all western men. One comes from a village about 18 miles to the westward of Daru, and t he remainder from t he Fly River, from Kiwai, and one from a small

    island near Kiwai. 2014. Q. So they would be generally in sympathy with the murdered men 1 A. (Inten·v.pted.) 20 15. BY MR. INNES: Q. You said ten were from the Kiwai I sland, or from its vicinity 7 A. Yes.

    20 16. Q. That is, including t hose in your Daru

    detachment 7 A. Yes. 2017. BY HIS HONOR: Q. W ere these circum­ stances know n to the Acting-Administrator- the probable sympathies of t he police for the men who had been murdered at the massacre 7 A. I do n ot know whether

    they were known or not, but we had had various con­ VP.rsat!ons about this matter, before we got to Goaribari. F or so me three or fou r weeks before, we had been

    discussing it, and he had opportunities, on a tour round the vVest ern division, of seeing how sympathetic these people were with each other, and h ow antagonistic the Fly River meu, especi::tl!y those in the constabulary, were to the people as we got further east.

    2018. Q. It would have appeared, in the course of these conversations, t hat there would be likely to be a very strong antagonism between the police force generally and the natives of especially Dopima and Turotere 1

    A. Y es . I do not think t here is any doubt that it did

    appear. In fact , I know of one instance in which a very striking case occurred while we were in the Turama River, when we were camped at a point in the river. 2019. Q. On t his same trip 7 A. Y es. This was about eight days before the Goaribari affair took place. We

    were camped th ere, and some native canoes came down a small creek where we were camped. About a dozen canoes came down, with women and children and men in them. It was a bright moonlight night. These canoes

    were returning from a sago-making expedition, and they we re going to t heir own vill age about four miles below where we we re camped ; but seeing our launches and uoats in the creek, and t he tents-or rather the fl ies-on the rive r Lank, they Gried a goo d deal, and then went bac k again up the creek. They appeared to stand off and on up th e cree k unt il daylight. The next morning early, in speaking to the J udge on this matter, h e expressed a

    wish to get into communication with these natives, so I said that if h e wished to do so. I would go with him, and we wou ld go up the creek, and try and get into com­ munication with them . \Ve did that. vVe took a

    double l! uard of ten men, and pulled up the creek

    in one boat; and, after goiJJg about a miie up the

    crPek, we came across quite a good num her of canoes. There were, say, ±0 of them, all loaded with food and camping gear, nat ive weapons and ornaments, dogs, pigs, ::tnd v::trious oth r things which they take with t hem when

    th ey move on a sago-making expedition. Some of the natives dese rted their canoes, and went on up ronnel the bend. On that occasion there was so me demonstration made by the natiYes, which the Judge took to be of a

    hostile nature. He lmd not seen this sort of thing

    before, and he thought they were abo ut to ftre on us with their a rrows. I told him t hat it was not so, ::tnd explained to him what it was. I t was simply the natives making

    Witness- A. H. Jiear.

    some offensive remarks to us, not particularly hostile; but they taunt you, and g ive ven t to various epith ets which are n ot particularly nice, but they are not hostile. If you went close t o t hem they wo uld r un away, which they did in this case. It took me pretty well all my t ime to k eep the native constables in check on that occasion. They were all getting up their arms and loading, an d I had t o insist several times on the cartridges being wi th­ drawn, for fear th ey would break ou t, and fire suddenly without any order. So I k now h e had knowledge that these native police were apt to become rather excited over .these people to t he east of t he Fly Hiver.

    2020. By HIS HONOR: Q. The police a t the time Jm ew very well the meaning of this demonstration on the part of the A. Yes, they knew d istinctly.

    2021. Q. I understand you to say t hey were only signs 1 A. Just so. They go t hrough certain evolutions, whi ch would mean about the same thing as a se hool boy does by putting his ha nd to his nose to another boy.

    2022. Q. And, under the ci rcum stances, t he fact was that they never would h ave attempted making a hostile attack, because t hey would risk losing their property 1 A. They did so.

    2023. Q. Intending to recover A. Yes. This was

    a party on its way to its own villagf'. They had their

    mat s and their c>tm ping gear all wit h t hem and a lot of their household property, s uch as water carriers and fi re­ places, baskets, an ct various things which t hey use, shell dishes, and all those things which wo uld indicat e that they had been away some good long time.

    2024. Q. Sago, I understand, is a palm out of which the pith is wprked into a form of dextrine, is it A. Yes,

    the pith is obtained, and sago is washed out just in the ordinary way. The sago t ree in New Guinea is the same as the sago tree in other places, whence we get the S

    2025. Q. And the natives have t o go so me distance to get a supply of A. Y es, at t imes their villages arc

    at points of land which is t oo high to grow sago. The sago is a tree which likes a very low swampy place to grow in, so that they of ten have to go from their villages to where it does grow; and, as the sago making process takes some little time, they camp there for th e time.

    2026. Q. So, under the circumstances, there is no doubt that it was both in your mind, and in the mind of the

    Acting Administrator, that, if there was a chance of a collision between t he Goaribari natives and the police, it would be rather hard work to keep t he police in proper check. Did not that appear 1 A . It appeared t o me, and I think it did t o him also. I cer tainly think he was

    aware of it. 2027. Q. Did you point it out 1 A. I did not poiut it

    out directly, but h e had an opportunity of seeing for himself. 2028. Q. Did you point ou t what a dangerous thing a collision would be 1 A. I did on th e Fly River on one

    occasion. But I did not point out that it would be

    specially dangerous to have a collision between the Goari­ bari natives and the police party. On one occasion on t he Fly River I had occasion to point out t o him that i t would be necessary to be exceedingly careful about allowing the police to come into collision with th e natives; because on one occasion, when we went t o a village, I h ad asked the Judge to allow me to land first of all, and he refused. H e said he must always land at a village first himself, with the police with h im . These natives had all run away on this occasion, and h e jumped ashore with about fifteen police with him , and we saw no more of the natives. They all ran away.

    :! 029. Q. You think, if yo u had landed alone, you might have been able to get into communication with them 1 A. "Well, I t hought so, your Honot·, b ecause it is a phce I visit frequent ly, and I always had found the natives friendly. I go there every three months. For the laDt two years I have not had any trouble t here. There has

    66

    28 July, 1904.

    been t rouble t here in days gone by, but for th e last two years i t has been friendly. It was only the size of our

    pa r ty which frightened t hem a way. They were not used to seeing two steam launch es coming up the river. It look s a co nsid erable par ty to t he natives. 2030. By lVIR. I NNES : (J. B ut on this Goaribari occasion, you were anxious to run the risks, as long as t he capture was made of l ak e and t he other m urderer 1 A. I had no misgiving on t hat point what ever. I have

    already said t hat I not only thought it advisable, but wished to capture the four murderers. 2031. Q. So t hat the only point of differ ence between you and t he Judge was, that he wished other h ostages captured, but you wish ed th e captures confined to the ringleaders ;-that was yo ur only point of differen ce 1 A. Y es. A lso, as far as t he taking of hostages was con­ cerned, I said I had no obj ection to that, provided t hey were not caught on t he "Merrie England," or provided they wer e caugh t in an open manner.

    2032. BY HIS H ONOR : Q. But you still thought that cat ching t he actual murderer s on the " Merrie Eng­ land" was justifi able 1 A . Yes. I thought then, and I still t hink, t hat we had a righ t to capture them any where and anyhow.

    2033. Q. Did I und erst and you to say that you t hough t that the Goaribari natives t hemselves would recognise t hat ri ght as a fair t hing 1 A. I b elieve they would

    They had been warned t hat these na tives were offenders, and were required. 2034. Q. Even t hough these part icular murder ers were arrested on the "Merrie E ngland," and induced and invited to come on board, do I understand t hat you

    thought, and still think, t hat that would n ot have been likely to lead t o an attack upon t h e ship which would res ult in retaliat ion 1 A. W ell , I did not induce any

    natives t o co me on board, except two. They were t wo of the principal offenders, one of whom was arres ted, and the other man got a way. I never gave my permission or consent to the enticing of anybody on the ship, with t he exception of those t wo men, and I did entice this man lake on board. I think that I was perfec tly righ t in

    doing so. 2035. Q. And you did not think there was a se rious risk of collision arising from his being arrest ed 1 A. N o ; I did not think there would be any collision at all that morning.

    2036. Q. It was not, t hen, on the ground of your fear of a collision, but on general grounds, that you objected to the taking of hostages - the seizing of hostages- on board th e "Merrie England " 1 A. Just so ; it was not from the fear of any collision.

    20:37. Q. Did n ot you think that a general rough and tumble, such as would result from the police laying hold of nine or ten natives, would be likely to lead to sudden retaliation on t he par t of the natives 1 No, your H onor ; because t he natives are not allowed on board with arms, or they should not have b een. It appears there were some, but it has always been an instruction that natives are not allowed on board the ship with their arms; so that they would be harmless, or practically so.

    2038. Q. B ut did not it strike you that the attack

    might come from the water 1 A. There was very little danger from bows and arrows from a distance. 2039. Q. Then th ere is a further matter. Do you know of a general permission, amounting almost to an order, to th e police that if a native does use his weapon, or does attempt t o shoo t at the ship or t he police, they shall use t heir fi re-arms 1 A. Yes, I know of that . I think it is

    more t han a permission ; it migh t be considered an

    order. 2040. Q. Then the danger of t he arrows would have b een, not to the ship, bu t to t he natives. I ask you

    whether yo u did not ant icipate that, supposing t here was a general scuffle on board, and a gen eral att empt wa s being made to arres t these men, and the ship was at the

    57 153

    Witness-A. H. Jiear.

    same time surrounded with canoes, in which were men armed with bows and arrows, would it strike you t hen that there would be very likely a Hight of arrows, and in consequence of that a flight of bullets 1 A. No. It did not strike me at all that there would be any a rrows fired. I was greatly surprised there were arrows fired. I was astounded when I first heard r ifle fi ring. That was one

    reason why I asked the late Judge, " Did you order the firing "1 Since I gave my evidence, I have seen his

    statement, in which he says there were arrows fired. At the t im e I asked that question- which appears now a foolish que. tion-I did not know there had been arrows fi red. I would not have asked the question had I known t here were arrows fired, but I did not expect an arrow to be fired that day.

    204 1. Q. H ave you never known a ship, or any craft, to be shot at before by natives 1 A. Yes. I have had a r-rows shot at myself in a whale boat. I have never known t he "MerTie England" to be shot at.

    2042. (2 . Did you think they had too much respect to shoot at the " Merrie England "? A. Yes, I did think so. I did not think they would attempt to shoot arrows at t he "Merrie England."

    2043. Q. You did not suggest that at all to the Ad­ ministrator 1 A. No, I did not suggest any risk. 2044. Q. ·what you suggested was that it wo uld lower the prestige of the ship, and of the flag, to do anything which was inconsistent with the usual open practice of making peace or wad A. Y es; I had not any particular feeling as far as the ship was concerned, but for the flag I have. And the pres tige of the Government generally,

    I think, was lowered. I explained to the Judge that I

    28 July, 1904.

    did not think it was a right thing to do, and that the

    chances were it would hamper my work in t he division later on. If, at any time, I had to go there with a subse­ quent par ty, I would find t hat the natives were shy, in consequence of t he action taken.

    2045. Q. Did it ever strike you to suggest to him, that such vigo rous action as he intended to take might be left to his permanent successor 1 A . No, I did not suggest that to him. It did not strike me to do so.

    2046. Q. It was known that he was only acting as pro­ visional Governor 1 A. I believe it was. I certainly

    though t so . 204 7. Q. Do you know from conversation, whether it · was known that the successor of Sir George Le Hunte had been nominated? A. Yes. I had known a few days before we got to Goaribari, or perhaps only a day before we got there. vVe got a mail from Thursday I sland at Tumma R iver, and the information was in that. The information was t hat he would be appointed.

    20·t8. Q. A settled matter? A. I do not think it was settled, but it was anticipated that he was to be ap­

    pointed. 2049. Q. vVas J udge R obinson in t he habit of acting in a high-banded way 1 A. I have heard that he was. On one occasion he did with me.

    2050. Q. When was t hat? A. That was on one occasion when we were at the Fly River. 2051. Q. On a form er trip, or this trip 1 A. It would be on the same t rip, but a different part of it.

    2052. HIS HONOR : vVe will hear it after lunch.

    (At 12·45 p.m. the Commission adjoumed.)

    AFTERNOON S ITTING, TIIIRD DAY.

    THURSDAY, 28 JULY, 1904, 2 P.M.

    Mr. I-I. L . Ellis toolc shorthand notes nf the evidence and

    ARMY HENRY JIEAR (previously sworn) was further examined as under:-2053. BY HIS HONOR : Q. You were going to tell us, Mr. Jiear, this little circumstance 1 A. Yes, of t he action of the late Judge Robinson. The case I was going to put, your H onor, was this : P erhaps I ought to explain fi rst of all my position in the matter. I was, or rather

    I am, the senior Magistrate for Native Affairs in the \Vest­ ern Division; and a case had come before me ih t he Court for native matters-it is a special Cour t in .1' ew Guinea-­ and I had given a decision on the matter; and it was apparently settled. The case was this: A man had left his village on the F ly River about nine years before; and left his wife, or rather, two wives, there. One of these

    women, after a lapse of eight and a half years, had become a mother by another man ; and she had b een brought before me for trial on a charge of adultery.. I had thought fit, in my capacity as magistrate of that Court, not. to

    punish her. The husband of this woman returned with t he Judge- in fact, he was at that time acting as t he

    Judge's private ord3rly. ·when he got to hi s village, he saw his former wi fe and her new child ; and he complained to the Judge that sh e had not bee n imprisoned in any WiJ"Y ; and that he had not received compensation. The

    J udge ordered this woman, and the man who was the father of her child, to be brought before him ; and he ordered her t o be imprisoned in the vill age; and he

    ordered the man to pay t hi rty shillings' worth of "trade" to t he man who was formerly t his w<:>man's husband, as compensation. I pointed out to him the fact that I had decided, in the ordinary way, that this woman was not to im priso ned; and had given t hat order ; and had also

    dismissed the case against the He remarked that •

    he thought the man should be made to pay something; and he also thought t hat t he woman should be However, I pleaded again for the woman that she had a very young child, and that imprisonment was not likely to be a good thing in her case ; so he decided the woman should be allowed ofi' ; but he insisted on t he man's paying this

    " trade " to the other man. That is the case, your Honor. 2054. Q. As to his general course of action, I suppose you do not say anything 1 A. No ; I have nothing to

    object to, except that particular instance. Personally, the Judge has never taken any high-handed action in my case. He was always friendly enou gh towards me, other than that instance. Of co urse, I looked

    upon that as a high-handed action ; because he had n0 jurisdiction. He was not a magistrat e in native matters. His jurisdiction was limited to his ow n Court. 2055. Q. Did that deal only with matters between E uropeans 1 A. No. This particular Court I refer to

    is a Court which is constituted under what we know as the Native R egulation Board. There are only certain magisteates who are magistrates under those R egula­ tions ; and there is a fixed code of R egulations which govern them. It is only petty cases, in which natives are both plaintiff and defendant, that they deal with­ such things as cases of petty stealing, or very slight assaults, £..tiling to send children to school, obstructing the roads and water channels, and Yery many other minor offences, with, of course, the one which is generally con­ must important- adultery, to which a rather

    heavy penalty is attached . 205G . BY }l!t. IN:NES : Q. A s Chief Judicial Officer, would not t here be an appeal to 1\Ir. Robinson 1 A. No; there is no appeal from a de ision of a senior magistrate. There is an appeal fr om a lo"·er magistrate to a senior · magistrate; but there is no appeal from that Court.

    2057. BYHISHONOR: (2. Isthereanyotbermatter, }Ir .. Jiea r, yoq would like to mention before your evidence

    Witntsses-A. H. Jiear, vV. C. Bruce, and A. A. Hunt.

    is closed 1 A. Nothing occurs to me, Your Honor, that would be likely to be of use to you. 2058. BY MR. INNES : Q. Did you hear it stated that the natives said the next time the " Merrie England " came along they would give her a good big fight ? A. No, I did not hear that.

    2059. Q. From your experience of the natives, do you think this occurrence will make any ditl'erence to the next time the "Merrie England" goes t o Goaribari. A. Yes; I think the next time we go there t he natives will all run away agam.

    2060. Q. Do you think it will make your endeavours to establish a friendly fo oting more difficult 1 A . Yes. 2061. Q. But you do not think there will be any likeli­ ho9d of retaliation on their part 1 A. No, I think not.

    WILLIAM CUNNINGHAM BRUCE

    (previously sworn), was further examined as under:-2062. BY MR. INNES: Q. Do you remember, during the occurrence, or at any time afterwa rds, any of your native constabulary saying anything to you about revenging their brothers or " paying for their brothers"? A. Y es.

    2063. Q. Just tell us, when was that 1 A. That was

    just after the shooting on the Sunday morning. 2064. Q. Who was it said it 1 A. A man called Poari­ the coxswain of the Governor's boat . H e is one of the constabulary. He had two brothers eaten during that Chalmers' massacre.

    2065. Q. ·when you say "brothers," do you know whether they were really blood brothers 1 A. I cannot say; he called them "brothers." 2066. Q. Two of these were among t hose mission lads

    who were killed on that occasion ? A. Y es. 2067. Q. ·what did he say to you, and how did he come to say it ;-were you speaking to him at t he time 7 A. I heard him talking.

    2068. Q. It ·was not said to you, then l A. No. H e

    said he had paid for his two brothers. 2069. Q. That was to another constable 1 A. Yes. 2070. BY HIS HONOR : Q. That would be said in English, I suppose ? A. Yes. H e is a very old corporal; he has been in the police force many years, and he speaks English very well.

    2071. BY lVIR. INNES: Q. Do t llf'y generally speak English 1 A . No, not usually. Those who can do talk English. 2072. BY HIS HONOR: Q. Of course they all under­ stand English when they are spoken to, I suppose 1

    A. Y es ; all orders are given in Engli sh.

    (Witness retired. )

    2073. MR. INNES : That is all the evidence I have to offer, Your Honor. That comprises all the Euro­ peans now on board the "Merrie England " who were on board at the time of the affray. There are a few of the crew who have left the vessel, and they, I underst and, have not been able to be proc ured ; but, with the exception of these t wo or three, all the Europeans who were on

    board at the time have given evid ence. The only others who could possibly give evidence would be the native constabulary. I do not suppose it would be possible to get any statement from lake, or the captured natives, because they cannot speak English, and it would be very difficult to get an interpreter to understand them. Under those circumstances, I do not see how any evidence could be offered which would assist Yonr Honor. Mr. Atlee Hunt has informed me that he has received a letter from Sir Geo rge Hunte saying that he would be only too glad to answer any questions the Commission might ask him, or to assist the Commission in any way possible,

    2074. HJS : As to Mr. Abel 1

    ss

    28 Jnly, 1904.

    2075. MR. INNES : A s to Mr. Abel, I haYe . here a copy of a telegram which was sen t to the postmaster at Cooktown by M r. Atlee Hunt, as follows :-" Can yo 1\ tell me if t here has been any opportunity for R ev. Abc.; reply my tP legram of fifth instant. H.eply Sydney. " The repl y is, "No H.ev. Abel reply you rs fif th

    instant." So I presume from that that they had not

    communic:tte cl with Mr. Abel, and that he had left for New Guinea before he harl an opportunity of replying. Apparently Mr. Abel h as had no official intimation that the is sitting; but, on t he other ha nd, it was

    in all the p< 1pers '.;hat t he Commission was going to sit. Mr. Abel might have been informed that way; but he has not been i11form ed officially. Mr. Abel was at P ort Moresby when the affair too k place ; and his statemen t is based entirely on wh at he heard wh en the " Mer:·ie Eng­

    land " returned, and from other peopl e, as to what occurrf' d ther e. I unders tand tl1at he was not told any thing

    directly ; hut it was only from co mmon rumour. 2076. HIS HONOH.: Then h e app Pars to have lmd some conversation: he · communicates the su bsta nce of a conversation which he had with the la te Judge R obinson some time previously. It would be as well for Mr. Hnnt

    to be called as a witness to explain the history of the

    matter, so far as Mr. Abel is concemed.

    ATLEE ARTHUR HUNT was sworn, and examined as under :-2077. BY HIS HONOH.: Q. Your name is At lee Arthur Hunt ? A. Yes.

    207 8. (). You are the Sec retary, Drparlment of E x­ t ernal Afi'airs 1 A. Y es . 2079. Q. Will you kindly g ive the Commission all the information about Mr. Abel that you have, explaining his position in the matter, and what is kn ow n of hi s move­ ments 1 A . It was in May last, wh en I was in Sydne.v, tlu:.t Mr. Abel came to see me. I had heard that he was coming to New South Wales on acco unt of his health. vVe h ad an inte rview in this building; and lHl referred very pointe dly to the administration of lVIr. H.obinson in N ew Guinra. He told me various· stories that were

    current with regard to this Goaribari matter. At that time I had see:1, officially, Mr. H.obinson's despatch. The incidents that Mr. Abel mentioned did not figure in the des patch ; and I thought them of sullicient importance

    to ask him to see the Minister, who was then in Sydney. Mr. Abel saw .Nlr. Hughes, and, at Mr. Hughes' invita­ tion, made a statement in writing, which I think is one of the exhibits in this case.

    2080. HIS HONOR: It is not an exhibit. 2081. WITNESS : It had not then been decided that any Commission should be hel d. Shortl.v after, I heard that Mr. Abel had gone back to New Guinea. Subse­ quently it was decided to h old the Comm ission. Mr. Abel's memorandum was one of the papers that were sent to the Governor-General, . with a request that he should forward it to Captain Barton, who had been lately appointed Administrator in New Guinea, in order that it mi ght be put before Mr. H.obinson, so that he might know the statements that had been made, and b e prepared to ans wer those statemet

    accounts of this incident. We caused these accounts to b e teleg raph ed to Melbourne ; an d, seeing that Mr. H.obinson and Mr. Abel differed materially on points of fact, the Minister thought it aJ visabl e that Mr. Abel should be reques ted to attend as a witness. That was in the early part of this month. Then, on the 5th, I sent a telegram which I will give you a copy of-I have one downstairs-the effect of which was t hat the Commis. ion

    was to sit at Sydney about this t im e in the month, and asking whether it would be possible for to attend,

    statino- that the Minister thought it a,dvisa.bJe t he

    89

    Witne.ss-A. A. Hunt.

    should attenrl. No answer was received to that. I know the course of mails between the Continent and New Guinea is very erratic; and the day before yesterday I sent a telegram to the postmaster at Cooktown. Cook­ town is the port from which the New Gninea mails are usually sent. The telegram was in these word s :-" Can you tell me if there has bef'n any opportunity for Hev. Abel reply my telegram of fifth instant. Heply Sydney." I did that because I knew the p ostmaste r would be aware of the fact that I had SPnt a telegram. I got a reply, to

    the effect that there had been no opportunity for the Reverend Abel to reply. 2082. BY HIS : There is no cable, I under­

    stand? 2083. WITNESS: No. There is a regubr ma,il from Sydney, via Queensland and Germa,n New Guinea ports, to Sama,rai and Port Moresby every six weeks ; but, although a message might be conveyed by that mail, it

    might be three or four weeks before there would be an opportunity to reply. Mails have been known to wait as long as two months in Cooktown. Of course, in saying mails, I include telegrams.

    2084. BY HIS HONOR : Q. Mr. Abel is a, missionary, I understand? A. Y es; of the London Missionary Society. 2085. Q. Church of Enghnd? A. The London ary Society, I b elieve, is an undenominational society,

    but most of its ministers are Congregationalists. It was the pioneer mission in New Guinea ; a,nd Mr. Abel ha,s been stationed at Kwato, near Sa,marai, for a number of years.

    2086. Q. How far is Samarai from Port Moreshy? A. About 250 miles, roughly speaking. It is right at the east end of the Possession, on what are known as the China Straits, a passage between the Louisiade Islands and the mainland of New Guinea. K wato an island,

    practically in Samarai Harbour. 2087. Q. The communication between Samarai a,nd Port Moresbv is erratic? A. Quite erratic. Most ot the of Samar,li is with Austmlia by sailing

    vessels and an occasional steamer. 2088. Q. So tlv1t the chances of getting lVIr. Abel are absolutely va,gue 1 Jl. Quite. 2089. Q. Did he understand that there was likely to be a formal inquiry 1 A. I cannot rcmemher whether any communication was ever made to him, either vcrbaJly or

    by writing, to that clfcct; but, wlH'n he was askPd to put a statement in I tbink he was told thftt that

    would be one of the bases of fmther action . I do not

    think it was intimated what form the action would take. 2090. Q. Have you got the date of the statement?

    A. The verbal statement was made on 5th May. Then he sent this communication dated 9th May. (Handing a document to the Commissioner.) 2091. Q. Which communication is that? A. That is the statement of Mr. Abel, giving what he had heard regarding the Goaribari affair.

    2092. Q. I thought he had made that statement for­ mally in your office? A. V erbally only. 2093. Q. This is the written statement to which you refer? A. Y es.

    2094. (J. There appears to be internal evidence in the last statement made by Judge Robinson that he had seen this? A. Yes; that is one of the statements that we sent to him-this and a statement from Mr. Jiear.

    2095. Q. W ere those the only statements that were sent to him? A. I am not sure-but I see, on referring to the papers, tha,t the statements that were sent to

    Ca,ptain Barton were those of Mr. Jiear, Mr. Abel, C:.tp­ tain Harvey, Mr. Rothwell, and :\fr. M 'Dcrmid. In his despatch forwarding the account of Judge Robinson's death, Captain Barton mentions a letter to Mr. Robinson which he had been instructed by the Governor-General to

    put before him. 2096. HIS HONOR: That statement is not evidence. It really appears to m\l alroost lLGintelligibl\) in. the abseuec

    155

    28 July, 1904

    of Mr. Abel's statement. Part of Judge Robinson's last letter or last report appears to require almost the inclusion. of Mr. Abel's statement to render it intelligible. You suggest, do you not, Mr. Innes, that that should go in as

    evidence. I think, to make the case complete, although it can. hardly be regarded in itself as evidence, and it ca,n only be made evidence, in justice to the memory of Mr. Robinson, by 1\'Ir. Abel's being called as a witness, still I

    think perhaps it ought to go in as evidence. 2097. Mr. INNES: There is another statement about a different matter altogether-a separate statement that may be detached.

    209tl. BY IHS RON OH: (,). ·what is that1 A. It is a matter connected with Mr. Hobinson's judicial a,dminis­ tration in the east end, which was not further gone on with. 2099. Mn. I NNES : I think Mr. Robinson mubt

    have seen that, because he refers to it. 2100. WITNESS: Probably; because the whole com­ munication was sent on as it was received. 2101. I-IrS HONOR: The only bea,ring that this has is that very indirect bearing, of a suggestion of

    animus on the part of Mr. Abel, a,ffecting his credibility in relation to the other statement. The difficulty as to that other statement is, that it can hardly in justice be used as evidence at all, in view of his absence, and of the

    statement not being made on oath. The difficulty is to decide whether it is a fair thing that this should form part of the report or not. If it forms part of the report, then it goes before the public.

    2102. WITNESS: I find that in telegraphing to Mr. Abel on the 5th of this month I said :- -If unable be present then kindly intimute by telegraph earliRst date when yon can uttend, unrl. an adjournment will

    be asked for to enable your evidence to be tuken.

    \Ve thought it might be possible to get a reply by telegram before the Commission; and, of course, if we got fL reply, it would mean that l\1r. Abel wa,s on his way, and would be here within ten da,vs.

    2103. BY HIS HONOH: Q. At present, as far as you know, the telegram is waiting at Cooktown 1 A. Yes. 210 4. (,). If not stopped, it will go on, if it has not

    already gone on? A. Y cs. :.ll 05. HIS HONOR : W ell, at present, I will not

    actually decide. I will consider further as to whether this shall actua,lly go in or not. It is just possible that, within i1 few days something may turn up to throw some light on the probability of Mr. Abel's being able to come. If he were on his way, I should certainly defer my report, ·

    until he was able to be heard. I look upon his evidence as fairly importa,nt. l\Iy impression is tha,t he probably will not be able to be here before the report, in the

    ordinary course of things, will have been made. There is. no other evidence, Mr. Innes, that you could suggest at, present 1 2106. lVIu. INNES: No other evidence, your Honor. Mr. Hunt has asked me to ask Your Honor if you wish the " Merrie England" detained in any way?

    2107. HIS HONOR: No, I should not think of that. It is too serious a matter to detain her any further. The arrangement is, I understand, that the ship shall start OQ Saturday 'I ·

    :2108. lVIn. INNES: Yes, subj ect to any detention. 2109. HIS HONOH, :. I should not t hink of making any order for detention. I will leave the other matter open for the present without adjourning this sitting to any particular time, in r:asc anything should turn up between this and, at any rate, to-morrow evening.

    2110. lVIB. I NNES: These arc copies of telPgrams from Mr. Hunt in connection with Mr. Abel. I had

    better put them in. 2111 ( CopiPs of tel'yrams r e allenrlrmce of Rell. Mr. Abel at Com· m ission 1ue re put in a nd marked Exhibtt No. 11.) 2112. Mn. INNES: Ialsotender Mr: Abel's statemcnt.

    2113. I-IIS :. Thut (!or;LID;JCllt c1)n b0 retained

    for thf' ..

    90

    Witness-A. A . Hunt. 29 July, 1904.

    2114. Mu. INNES: There are two distinct statements there. I will not adjourn till any particular time. If there

    is any further evidence to be taken, if you hear anything, you wi ll be able to inform me. I will inform you if I decide upon having any witnesses re-called before the ship starts.

    2 ll5. HIS HONOR: Yes-that other incident. It is a pity to detach them. In dealing with the matter I am dealin g simply with the one referring to Goaribari ; the other is to b e considered as being completely out of it. (The Commission adjourned at 2·55 p.m.)

    Fou RTH DAY-AFTERNOON SITTING.

    FRIDAY, 29 .JULY, 1904, 2 P.M.

    [The Commission met at the Commonwealth Offices, Sydney.]

    C. E. R. l\1URRAY, EsQ., D.C.J. (Commissioner). l\h. G. LONG INNES, Barrister-at-Law, instructed by Mr. Robison, of the N.S. vV . Crown Solicitor's Office, appeared on behalf of the Commonwealth Government. Mn. ATLEE HUNT, Secretary, D epartment of E xternal Affairs.

    MR. J. GARLICK, Secretary to the Commission.

    Mr. H. L. Ellis to ok shorthand notes of the evidence and proceedings.

    ATLEE ARTHUR HUNT (previously sworn) was further examined

    Pos.session, and providing for the Government. These L et'ters Patent provided for the appointment of a Lieu­ t enant-Governor, for an Executive Council, and for a Legislative Council. The Execut.ive Council is to consist of various officers of the Possession ; and various details

    regarding it a,re set out in instmctions from the Queen to the Lieutena-nt-Governor, also in 1888. These provide, amo11gst other things, that the subjects to be discussed at the Executive Council shall be those submitted to it by the Lieutenant-Governor, who is directed to consult-perhaps, as it is rather an important matter, I had better quote

    verbatim. The instruction is dated 8th June, 1888 :-In the execution of the powers and authorities granted to the Administrator by our said Letters Patent, he shall, in all cases, consult with the Executive Council, excepting only in cases which may be of such a nature that, in his judgment, Our service would sustain material prejudice by consulting the Council thereupon, or when the matter to be decided shall he too unimportant to require their advice, or too urgent to admit of their advice being given by the time within which it

    may be necessary for him to act in respect of any such matters. In ::tll such urgent cases he sh::tll, at the earliest practicable p eriod, communicate to the Executive Council the me::tsures which he may so ha,·e adopted, with the reasons thereof.

    are further provisions that minutes are to be regu­

    larly kept and transmitted to the Govemor-now the Governor-General-twice a year. Does Your Honor wish me to go into detail about the Legislative Council ? 2117. BY HIS HONOR: Q. The action of the L egis­ lative Council bas to do with nothing except with legis­ lation 1 A . No.

    2118. Q. Not with administration? A. No. 2119. BY MR. INNES: Q. ThPre are certain officers who are ex-officio members of the L egislative Council ? A . No. The provisions as to members is that-

    The Executive Council of the Possession shall consist of such persons as \'\' e may from time to time ::tppoint by any Instruc­ t-ions ot· Warrant under Our Sign Mrtnual and Signet, or as the Administrator, in pursuance of any Instructions from the Governor, may from time to time appoint by any Instrumen t

    unuer the Public Seal of the Possession.

    2120. Q. Can you tell us then who are the members of t he present Executive 7 A. Unless some changes have been mad e by Captain Barton since his return, of which we have had no advice, the present Council would consist of the Lieutenant-Governor, the Chief Judicial Officer (as soon as he has b een appointed), the Government Secretary, the Treasurer, the Chief Medical Officer, and the Chief Surveyor, who is the head of the Lands and Mining Departments of the Governmen t.

    212 1. Q. These comprised the Exec utive Council in the • time of Sir George Le Hunte's administration. A. During the latter part of Sir George's administration, the Resi­ dent Magistrate of the Central Division, Captain Barton, was added to the Council by an instrument drawn up by the Lieutenant·Governor.

    2122. Q. Now you say that minutes are to be kept and forwarded to the Governor-General twice a year. A. Yes. 2123. Q. Do those minutes come before you in your : official capacity 1 A. Yes.

    2124. Q. And you examine them 1 A. Yes. 2125. Q. Referring to the Goaribari incident, can you t ell us, from you r examination of those minutes, whether the Goaribari incident would be such an incident as would be referred to the Exec utive Co uncil by the Administrator of the Government 1 A. I cannot find in the minutes of

    1903, which I have recently examined, any reference to projected action on the part of the Administrator in the case of any of his visits of inspection. 2126. Q. Supposing, in eonnec tion with Sir George's expedition in 1901 and 1902, any l'Pference to the Execu­ t ive Council had been made by Sir George, would it appear in the minutes? A. I take it, if the minutes were faithfully kept, there would be a record of all business

    transacted. 2127. Q. But you do not know, as a matter of fact, whether Sir George did refer this punitive expedition of 1901, and later, the second one, to the Executive Council? A. No; I cannot say.

    2128. Q. H ave you the minutes here for 1901 and

    1902 1 A. No; they are in England. After examining them, we send them on to the Colonial Office ; because, nominally, N ew Guinea is still a Crown Colony under the Government of Great Britain.

    2129. Q. And I suppose you cannot say whether, as a matter of fact, Mr. Robinson did refer this matter to the Executive Council? A. No, because the minutes for the first half of this year have not yet come to hand.

    2130. BY HIS HONOR: Q. Probably the sending out of a punitive expedition, or an act of so much import- . ance as that, would be refc:Ted, wo uld it not 1 A. J

    91

    Witness-A. A. Hunt.

    should certainly think so, if the Administrator did his duty. The words here are very wide :-In the execution of the powers and authorities granted to the Admini strator by Our said Let ters l'atent, he shall, in

    all cases, consult with the Exect1tive Council. 2131. BY l\'Iu. INNES : {2. Except in unimportant matte1 ·s? A. Yes. 2132. BY HIS HONOR: Q. I s there any definition to be found, in these directions or instructions, of what a quorum of the Executive Council shall be? A. Yes.

    The Executive Council shall not proceed to the despatch of business unle ss duly summoned by the authority of the Administrator, or unless two members at leas t (exclusive of himself or a member presiding) be present and assisting

    throughout the whol e of the meeting at which any such business shall be despatched. That is the Lieutenant-Governor and t wo oth ers. 2133. Q. W ell, on board the "Merrie England" on

    the occasion of that voyage from D a.ru- I think Dam was the last port of call-of those mem hers I think there were two, were there not ? A. There were no mem hers actually of the Executive Council except the Governor.

    2134. Q. It would be impossible for him, then, if he had made up his mind to a certain course, to have con­ sulted with the Council during the voyage? A. Not

    after he left Daru. The meetings are usually held at

    Port Moresby, ''•here most of the permanent heads of the Government reside. Some of tho members of the Execu­ tive Council have had a very lengthy experience in the P ossession. The Government See retary, Mr. Musgrave,

    has been there for some seventeen years; and has been the principal Government Officer for the greater part of that time ; and has, himself, in the absence of the

    Lieutenant-Governor and the Chief Judicial Officer, administered the affa.irs of the Possession. One occa.sion of Mr. Musgrave's a.dm inistration wa.s quito shortly before Mr. Robinson went to New Guinea , in Ma.y la.st year.

    2135. Q. H e temporarily Administrator 1 A . Y es. Mr. Ballantine, the Treasurer, has also been there for upwards of ten years. 2136. Q. Can you give us a definition of the duties of the Chief Judicial Officer? A . No. The Chief Judicial Officer is appointed by the Administrator. Any instruc­ tions or doc uments defining his authority would be a local

    record ; and I do not think I have ever seen any. 2137. Q. They would be published in the local Gazette 1 A. I think that is unlikely, I think they would be more in the form of a letter from the Administrator to the gentleman taking up the office.

    2138. Q. Do ·chese instructions mention that the Judicial Officer is to be appointed by the Administrator 1 A, The general power is given to the Administrator to appoint all such Judges, Commissioners, Justices of the

    Peace, and all other necessary officers, as may be lawfully constituted and appointed. The only other reference I see here to the Chief Judicial Officer or the Judge is t he course t hat is to be followed by him in making reports to

    the E xecutive in capital cases. 2139. Q. What paragraph is t hat? A. Paragraph 35 (reading as follows) :-Wh enever any offender shall lta,·e bee n condemne!l to

    su!fer death by the sentence of an y Court of the Possessio n, the Administrator shall call np on the J ml ge who presided at the trial to make to him a written repo rt of the case of snch offend er, and shall cause such repor t to be taken into co nsid er­

    ation at the first meeting thereafter whi ch may be conveniently held of tbe Exec utive Council ; and he may cause the said J ufige to be specially summoned to attend at su ch meeting and to produce his notes thereat. The Admini strator slu,Jl not pardon or reprieve any suc h o!J'cnder unless it shall appear

    to him expedient so to do, after receiving the adYice of the Executive Counci l thereon; but in all such cases he is to decide either to ex tend or with old t he pardon or reprie\'e according to his ow n deliberate judgment, wh ether the mem­

    bers of the Executive Council co ncur therein or otherwise; enterin g, neYertheless, on the minutes of th e Executive Cou ncil a minute of hi s reasons at length, in case he should decide auy suc h questions in opposition to the judgment of the maj ority of the members thereof.

    157

    29 July, 1904.

    2140. H IS HONOR: That assumes, of course, the existence of a Judge. 2141. BY Mu. INNES: Q. Who woultl define the jurisdiction of the Chief Judicial Officer and of the

    M agistrates. \V e were told there was no appeal in

    certain cases from .the Resident Magistrate to the Chief Judicial Officer. Who would donne that 7 A. I think that would be defined by ordinance; because, I take it, there must have been an ordinance defining the Central

    Court, and delimiting the jurisdiction of the Resident Magistrate. ,

    2142. BY H I S HONOR : < J. There is a R esident Central Magistrate, is there not? A. There is a R esident Magistrate in the Central Division. 2143. Q. His jurisdiction runs- it really extends over­

    the same area as that of the Chief J udioial Officer 1 In fact, the latter's jurisd iction extends over the whole PosRession 7 A. The Chief Judicial Officer's-yes. The Magistrate of the Central Division is in no different position as regards th e Chief Judicial Officer from that occupied by the Magistrate in the West, Mr. Jiear ; cr Mr. Campbell , i:1 the East; or any other. The duties of

    H esidtnt Magistrates are not contined to Judicial work; they are pra.ctically the Deputy Administrators for their respPcti ve districts. 2144. BY MR. INNES: Q. But th

    been the practice, when any matter affecting any

    district has been brought before the Executive Council, for the Resident Magistrate of that district to be made an extraordinary member of that Council to attend the meeting when matters affecting him arc discussed.

    2145. Q. So that, in all probability, if an Executive Council had been called, and this matter had been referred to the Executive Council, it haYin g taken place in Mr. Jiear's district, he would have been appointed an extra­ ordinary member? A. W ell, I do not know. There is no special amount of local knowledge required to decid e in a matter of policy like this. Resident Magistrates appear

    to have been called in when it has been decided to spend money on buildings, or in cases like that. 2146. BY HIS HONOR: Q. As to M r. Robinson's history- his fo rmer and all that sort of thing­

    do you know anyth1ng ? A. Yes. H e was a Queensland solicitor, who had had experience in mining districts, in Croydon and North Queensland, as well as experience in Brisbane. I t hink he had had about t en years' practice

    as a solicitor. 2147. BY MR. INNES: Q. They are amalgamated up there 1 A. No ; although, of course, in c01mtry districts the solicit ors ha,'e the l>ame right of audience as they have here in our District Courts and Quart er Sessions, Practi­ cally they do all the wo rk .

    21 48, Q. Do you know wl1nt a;:;c-d mrm Mr. Robinso n Wtts 1 A. I tltink he was about 35 .

    2149. Q. At the time of h is death 7 A. Y es. I may

    say that careful inquiriPs were made by the Government before he was appointed ; anJ numerous persons who are qualified to jurlge spoke very hi ghly of his ca.pabilities; and, of courSL', his character was beyond reproach.

    2150. DY HB HONOR: Q. By whom then was he, in f

    then Sir Barton, asked the Govemor-General to

    advise the Lieutenant-Governor to appoint M r. Robinson .. 2151. Q. Of co urse, New Guinea is still, as you say, a. Crown co lony in theory 1 A. In practice the

    Govemment of the Com monwealth t a kes t he place of the Colonial Ofiicc. 2152. Q. That is merely, I suppose, a sort of concession made by the Colonial Office 1 A. Yes; seeing that Australia finds the funds for the management of New Guinea, the

    92

    Wi tnesses-A. A. Hunt and A. H. Jiear. 29 July, 1904.

    practical management of the Possession has alwctys been left in Australia n hands. 2166. Q. H e had left the Possession before this affair, had h e not ? A. Y es, t wel 1·e months before. I would

    like to add this : I received a letter from the Queensland Trustees \Ltd.), confirming a t elegram that has been already before you, and adding this :-

    2153. Q. 'l'his ne w Constitution b eing now under con ­ sideration, I unders tand ? A. Y es, it is in form of a Bill which has b een laid before the House of R.epresen tati ves. It provides for the acceptance of an offer, which has been

    made by the British Government, of the P ossession t o the Commonwealth ; and then it will become the territory of the Commonwealth and be regulated accor ding to the pro­ visions of the Con stitution.

    \Ve communicated with Archdeacon Robinson on receipt o f y our t elegram of the 14th instant ; but, not hn,ving hen,rd from him in reply, w e do not care to take the responsibility of

    instructing co un sel.

    2167. Q. Archde:1con Hobinson-where would h e be 1 A. In Dunedin. 2154. Q. I think that is all , Mr. Hunt; but if t he re is any thing you could I should be very g ra teful if

    you would do so. A. I would like to ask, has it been

    made clear to you whether or not Mr. R obinson was

    aware tha t an Administrator \vas likely to be a pp ointed before very long. 2155. HIS HON OR: That has appelred. At least it seems to be pretty clearly p roved.

    Q. Have you any evidencf', though, to giv e as to

    that? A. N o, no positive evidence. I rece ived a letter from Mr. Robinso n immediately he arri 1·ed at Port Moresby after this expedition, in which he alluded to the proposed appointment; hut whether h e learned it then only, or had acquired the knowledge in the course of the

    voya.ge, I am not able t o Hay. 2156. Q. H e alluded to i t as something whi ch he u nder­ stood was abont to he made? Jl. 2107. Mn. INNE3: I t hink i t has been in ovid '" nce, your H onor. I thin k M r. Jie:tr said they h c•a rd on

    board the bo::tt, b efore th,·y arrived at GJariba ri , that Mr. l3m·ton wa ' to be appointed 1 2158. vVITN:ESS: Yes ; if not r1c tunJly determined, it had been pract ically so. Beca use th e action that was taken w:1.s to int:" rcept Captain B < trt un, who on his way to take leave of abse nce, and summon him to Mol­ bourne ; an d it was common ly kno wn , in tho P osses;oion, that Captain Barton was looked on as a Yery likely man to be chose n. He h as been there for some time, and has made a very great success of everything th< tt has been entrusted to him.

    2159. BY HIS HONOR: Q. vVhat was his posit ion then 1 A. He was Magistrate in the Central

    Division. 2160. Q. \Vha.t did you read those inst ru ctions from ? A. These are the Queensland Parliamentary Papei·s, laid before the Queensla nd Parliament in 1888, by Comma nd. They include a proclamation proclaiming the Protectora te into a Possession, the announcem ent that Sir William

    Macgregor was to b e Lieutenant-Governor, and the procla­ mat ion by the Privy Council res pecting the L etters Patent. 216!. Q. Sir ·willia m Macgregor was t h e first Admin is­ t rator ? A. He the fi rst A dministrator of the P osses­ sion. 'J'h ere had been Administrators of the Protect orate. I t was some fi ve years before thi:;; t hat Now Guinea h ad been t aken of, practically und er the form of

    a Protectorate : and, amongst others, Sir P et er Scratchley was Administrator. He died there. '2162. Q. And then came ? A. I think t:.e Honomble John Douglas, who has just died; a nd then Sir William

    Macgregor. 2163. Q. Then, immedia tely after Sir William Macgre­ gor, did Sir George L e Hunte come ? A. A fter an

    interval, during which Sir Francis -Winter administered. 2164. Q. He being at the time Chief Judicial Officer 1 A. Yes. I may say that Sir Fran cis Winter is at

    present in Brisbane; and I know him sufficiently well to say that he would be very glad to answer a ny questions your Honor migh t put to him ; or, if necessary, to co me to Sydney.

    2165. Q. H e was t he immediate predecessor, as Chief Judicial Offi cer, of Mr. R obinson 1 A . Y es. It is only within the last fe w days I became aware he was in Bris­ bane. I thought he >vas in New Zealand ; otherwise I

    would have got him to come down.

    21 68. Q. There would be only just time for a reply .

    Ther e would be time for a cablegram of course? A. Yes ; I take it when t hey say t hey communicated immediately, they did so by cable. 2169. HIS HONOR: That letter might as well go in. 2170. (The le tt er r P f erTed to leas added to 8.)

    (Witness r etired.)

    AHlVJY HENRY JIEAR

    (previously sworn) was re-called, a nd furt her examined as under:-2171. BY Mn. IN1'\ES : Q. Mr. Jiem·, your position is that of R esident Magistrate of t he vVestern Division ?

    A . Y es .

    2172. (2. And we a re told that there is a Constitution of N ow Guinea, which co nsist s of an Executive Council a nd a Legislati ve Council ; a nd that the Governor dis­ cusses matters of importa nce, before he takes any action,

    with tho E xecutive Council. D o you know anything of t hat 1 A. I am aware of that.

    217:3. Q. As fa r as you know, was this Goaribari

    expedition, undertaken by Judge Robinson, referred to the Executive Council ? Do you know whether it was, or whether it was not ? A. No; I do not know. 217 4. (2. You never heard, one way or the othed

    A. No.

    2175. Q. vVe were also told tha t when any matter

    which rela tes to a particular district is under discu ssion, as a rule tho Resident Magistrate of that district is called in and made an extraordinary member of the Council. Have you ever been called in to assist the Executive Council in that way? A. Yes ; I have been sworn as a

    member of the Council. 2176. Q. For the particular subject under discussion, in which you were supposed to have some special know­ ledge as Resident Magistrate? A. Yes ; I think that

    was the reason in my case. I was sworn on one occasion. I have been called afterwards without bein g sworn. 2177. (J_ Then, as far as you know, there was no

    :E xectctive Council meeting as far as regards Goaribari? A. I was not present at any, and did not hear of any. 21'7 8. Q. Neitlwr on this occasion nor on the previous occa-sion s wh en Sir George Le Hunte took the "Merrie England " '! A. No.

    2179. Q. I suppose, as a matter of fact- is Dam your headquarters ? A . Y es. 2180. Q. \Voulcl you not, in the natural course of events, hear of E xecutive m ee tings? A. Not unless they were h eld at D a rn. In meetings I ha ve been on they have

    been held at Daru, and one on boa rd the "Merrie Eng­ land." 218 1. Q. 'Nhat was the nature of these inquiries at which you were present 1 A. Principally dealing with land matters. One was to deal with a case in which a man

    applied for a license to sell liquor, and the Magistrate had been instructed by the Governor not to grant the license. Tha t was discu ssed at one meeting at which I was ; and the other two, I think, were on land matters only a nd one or two small matters relating to my division-quite local matters.

    2182. Q. And you cannot say of your own knowledge whether a subject such as a punitive expedition would

    Witness-A. H. Jiear.

    form a matter for an Executive A. I cannot say

    whether it would or not. I have my own opinion on the matter . 2183. Q. Of course, you have yom· opinion, that they ought to call A. No, it is not that, but as to whether

    it would be likely to be discussed. 2184. Q. And what do you A. I should think it

    would not be likely to be a matter for discussion in the Executive Council. I think the Administrator would do it as an administrative matter. 2185. Q. vVhy do you think that? A. Because it has been done on form er occasions.

    2186. Q. It has been 1 A. Yes. 2187. Q. Do you know that1 A. Y es. 2188. Q. On what former occasions 1 A. I know that Sir George L e Hunte did so.

    2189. Q. ·when 1 A. On the first occasion when he

    went to Goaribari. 2-190. Q. Do you know, of your own lmowlcdge, that no Executive meeting was held to deal with the punitive expedition 1 A. No.

    2191. Q. The "Niue," the mission schooner, arrived on the 27th of April at Port Moresby, and the punitive expedition left the next morning 7 A. Y es. 2192. Q. Therefore, if any Executive Council meeting h ad been held, it would have been held at A. Yes.

    There was an Executive Council being held that day; but I was informed by my predecessor, who was in Port Moresby at the time, that the punitive expedition was not discussed . H e was not at Port Moresby that day ; but

    he was there the next day. His name is Murray. 2193. Q. And you were informed by M r. Murray, your predecessor in office, that this matter-the Goaribari punitive expedition-was not discussed at the Executive meeting1 A. No. It was discussed between himself and

    Sir George Le Hunte at a later period next day. 2194. BY HIS HONOR: Q. When was it, Mr. Jiear­ .what was the very earliest stage in that trip at which any question arose as to the proceedings to be taken at

    Goaribari, between the Administrator and yourself 7 A. It would be about three or four weeks before ou r

    arrival at Goaribari. I think the first discussion on the matter took place at Darn, the last time we were at Darn. That would be from three to four weeks before we reached Goaribari.

    2195. Q. Yes; because, although the disk,nce between Daru and Goaribari is short, there were several calls? A. Yes, a great many. There were four rivers to he

    visited- large rivers- and a large population ; and a very great number of villages to visit. Besides which, there there was a delay of about three days in the Fly River, during which the Administrator was engaged in work in

    connertion with the New Guinea Annual Report. During that time, I was doing work connected with my division away from the ship ; and the "Merrie England" went back to Port Moresby ; and she also went to Thursday

    Island again. 2196 . Q. So there were several different opportunities for A . Yes; a great many.

    2197. Q. Do I understand you to say that Mr. Itobin­ son actually consulted you as to how the thing was to he done; or did he merely mention that he intended to take certain steps at Goaribari 7 A. The Judge mentioned t he

    matter to me first of all ; and he laid his plan before me; and I told him that I did not think it advisable. 2198. Q. His plan being 1 A. To arrest those four

    men, and also some others as hostages : and to get them by whatever means he could. H e Rtated that he thought it would be much easier if we got t hem on the " Merrie England," and caught them t h ere ; and, if we did not

    have the actual offenders, we would have the other natives. 2199. Q. And as to that-I think you sairi yesterday-did you try to dissuade him 1 or did you express a contrary

    N

    93 159

    29 July, 1904.

    opinion? A. At that time I tried to dissuade him ; and I did on two other occasions at different intervals. 2200. Q. Did he ask the opinion of any other person besides yourself on bon,rd? A. I am not aware that he did.

    2201. Q. You are aware, of course, that the Norden­ feldt gun was directed to be got into working order on that Sunday morning, was it A. I am not really

    aware; but I believe that it was. It was directed to be got ready after the affray took place. There was a

    question of ammunition being discussed between myself and the J uclge ; and I had objected to this indiscriminate use of firearms without reference being made to me. 2202. (J . That was afterwards? A. Yes, after the

    affray took place. There was a certain amount of ammu­ nition served out to the ship's officers, or rather to Captain Harvey. Rifles were uncovered; and I believe an order was given to get the ammunition ready for theN ordenfeldt; and the man was putting a cartridge in, and it went oft" by accident.

    2203. Q. That was in case an attack should be made, was it not 1 A. I did not order it. That was not my

    VleW. 2204. Q. The order would come from the Administratod A. Y es . The order for all those preparations came from him.

    2205. Q. That would simply indicate that, in his mind, there appeared as if there might be some chance of an attack being made on the ship after the trouble had

    occurred 7 A. Yes, it would appear in that light. 2206. Q. Simply a A. Yes.

    2207. BY MR. INNES : Q. Are you sure that the

    Nordenfeldt ammunition was prepared on the Sunday morning before the affray 1 A. No, I am not sure. I

    gave no instructions, and I did not hear of its being clone. 2208. Q. lVIy impression is that Muir's evidence was that he went clown below to get the ammunition ; and afterwards, when he was meddling with the N ordenfeldt,

    that the gun went off. 'l'hat was after the affray, when the shot was fired; but my impression is that the ammu­ nition was prepared before the affray- the first thing on Sunday morning 1 A . There was no order, t hat I was aware of, given t.o anybody t o get the Nordenfeldt ready.

    2209. BY HIS HONOR : Q. You remember there was a discussion u,bout the N ordenfel dt afterwards 1 A. Y es ; there was a discussion whether it ought to be kept ready, o,nd in working order. It would be the carpenter who

    would get the g un ready. I think he has charge of the

    gun. 2210. Q. He is a careful man, that l\1uid A . I know very little about the n'lan, b ut I have a lways heard him well spoken of.

    2211. Q. You know nothing at all about the orders? A. No. 2212. Q. No question had arisen as to getting the

    N ordenfeldt ready 7 A. Not to my knowledge. 2213. Q. No mention of any gun that you heard

    A . No.

    2214. Q. You were speaking yesterday of t he question of the reversing, practically, of your decision as to the nati \'0 bdy whose husband was away for a good many years, and who became a mother-irregularly 1 A. Yes.

    2215. Q. vYhen the order that you spoke of was made by Judge Robinson afterwards-of course that was during his term, ·was it, or before his t er m, as Acting A. He was t hen Acting Administrator.

    2216. (j. Did you understand that he acted by virtue of hiR powers as Acting Administrator, or as Chief Judi­ cial Oflicer? A. W ell, I certainly took it as an adminis­ tratiYe notion; for the simple reason that he had no legal

    authority to do m. 221 i . Q. But as Administrator he would , wo uld he not, have pow·er-or would he have no power-to deal with a matter coming before him with regard to tho enforcement of a sentence, a punitive sentence, which a

    Witness-A. H. Jiear.

    Court had imposed 1 A. W ell, I should say he would have power to revoke a sentence. 2218. Q. But not to enact one, you were going to say 1 A. I should think not.

    22 19. HIS HONOR: There is a very grave dis­

    tinction. 2220. WITNESS : In this particular case the infor­ mation was bad. I had the case on several

    grounds-first, the information was bad, because it was in direct opposition to what is stated in the Regulations, one of which is that the information must be laid within six months after the committal of the offence. The

    information was not laid within that period. Then the information must be laid by the aggrieved hu sband ; and that was not done. That was one of the reasons why the case was dismissed by me. I pointed t hat out to t he

    Judge at the time. 2221. BY l\'IR. INN ES : Q. I n that case, ifthehusband is away, and does not know, but only finds out when he comes back, he cannot be able to lay an information 1

    A. H e cannot, if it wo uld be six months after the offence was committed. 2222. Q. The offence was adultery 1 A. Yes. I pointed out all these matters to the Judge at the time ; and he insisted on this man receiving compensation; but he gave

    way on the point of the imprisonment of the woman. He did not insist on that. 2223. BY HIS HONOR: Q. H aving first, I understand, made an order 1 A. He made an order that she should be imprisoned at Daru. I then pointed out t hat she had a very young child; and that it was not a good t hing to have a woman with a young child in prison. He then said she could be imprisoned in a house in the village. I pointed out that it was not desirable; and after a little time he consented to give way on that point.

    2224. Q. Do you mean after some few minutes 1 A. Yes; in fact he had a consultation with the woman's husband about the matter. 2225. Q. The Government, I understand, acts in a sort of paternal way with these natives 1 A. Y es, very much so ; it is necessary.

    2226. Q. 'l'hat enactment as to adultery-that is a repetition of some former practice of t he natives them­ selves, or rule of action of theirs 1 A. I do not know that it is. I should imagine that the native custom in former times would be a rather different one, at any rate in the west.

    2227. Q. What 1- decapita ti on, or so mething of that kind 1 A. Not of t he woman; but of the male offender. The aggrieved person would try to do the offender some bodily harm. I do not think it would go to the extent of decapitation.

    2228. Q. During the course of this affair, did Mr. Robinson discuss the matter with you in the belief, apparently, t hat he really had jurisdiction 1 A. No; the matter cropped up quite suddenly. We were camped at a vill age about three miles away from the village of t he man and woman who were concerned in the case; and the man had been allowed to go on ahead previously to hi s village. When we arrived there, the next morning, he was ther e waiting on the bank of the river with those two wives of his, and his father ; and he at once made his complaint to the Judge. The Judge spoke to me; and as ked me what had been done in the case. I told him ; and he decided at once (as he said that it was a case to be dealt with sum­ marily) that t he man should get some compensation; and that the woman shoull be imprisoned. I pointed out then t hat the case had co me before me in the ordinary way in the Native Magistrate's Court.

    2229. Q. Which he was not aware of at first, I suppose ? A. No; he would not know of that, of course, until I t old him. 223 0. Q. Then he did not, I understand, actually com ­

    plete any order, did he 1 A. Oh yes, he did. H e made

    t he man pay thirty shiUingc worth of "trade" to the

    94

    29 July, 1904.

    former husband of the woman; and he not only made the order, but he insisted on its being paid, and paid before him. 223 1. Q. And as to th e imprisonment of t he

    A. That was not enforced. 2232. Q. He thought of making an order, but decided on your expostulation not to 1 A. He made the order; and I had some diffidence in speaking to the Judge about the ma,tter at all; because I was in rather a peculiar

    position, he being my superior officer. I did not care to speak about it at first- that is, in the way of taking

    exception to any action of his; but I pointed out to him afterwards that the wo man had a young child, when he said he would allow her to be imprisoned in the village. I again spoke to him about it ; and he said "Very well," he would let the woman go if I thought it was advisable not to imprison her.

    2233. BY Mn. INNES : Q. Is the order in writing 1 A. The order fo r imprisonment would be in writing. 2234 . Q. But this order the Judge made A. He made it vm·bally- that is all.

    2235. BY H IS HONOR: Q. All this occurred on the same day 1 A. All this matter occurred within half an hour. 2236. Q. Judge R obinson, in his general r elationships, was a humane man, was he not 7 A. As far as I am

    awa1·e he was. As far as I saw, he was. 2237. Q. You never had any reason until this afl:air at Goaribari to come to any different conclusion 1 A . No; I never really saw anything t hat would make me come to any other conclusion.

    2238. Q. Or heard of anything 1 A. I have heard; but I certainly d id not see anything. 2239. Q. \ V::ts he a single man 1 A. Single, as far as I am aware, Your I-Ionor.

    2240. Q. Was he much of a sportsman ? A. Y es; I think he was. He was eager for sport. I do not know

    whether you wo uld term him a sportsman or not. 2241. Q. Was he a good shot? A. No, he was not. H e could hit a bird sitting on a tree; but he was not a good shot.

    2242. Q. He was fond of sport 1 A. Yes; I think he would be called fond of sport. 2243. BY 1\iR. INNES : Q. But he did not go in much for games 1 A. He was a very good polo player.

    224 i. Q. He a good rider then 1 A. Y es; I do not

    know that he ever took part in any other sport. 2245. Q. Cricket is played a good deal up there, is it not 1 A . Yes, but not very much at Darn; it is too wet. 2246. (). ·what is your fo rm of a musement up there in t he way of games 1 A. Do you Tefer to the Europeans or the natives 1

    2247. Q. 'l'he Europeans 1 A. W ell, in Daru there are not enough of us to have much sport. Occasionally we have a game of cricket. 2248. BY HIS HONOR: Q. If there is anything that you think is necessary to the solution of this question, I shall be very thankful if yo u will mention it 1 A. I cannot think of anything at all, Your Honor, which I think would help you .

    2249. Q. I was going to ask you, did you know anything yourself :1bout the illness which preceded Judge Robinson's death? Was he ill, do you know 1 A. You must remem­ ber that I have been away from New Guinea since the

    l 7th Ma1·ch. Q. On the occasion of this trip, he was in good

    hcq] th 1 A . Yes ; when I saw him last he was in the best of health. 225 1. Q. What was t he very last day on which you saw him 1 A. I think it was the ll th March.

    2252. BY Mn. INNES : Q. Did you hear since then that he had had :1n attack of malaria 1 A. I did not. 22 03 . BY HIS HONOl't : Q. H e was an active man A . Yes ; very mu ch so.

    22 54. (J. A strong man. A. Yes. [The Comm ission was then adjourned sine die. J

    95

    Iol

    ROYAL COMMISSION OF INQUIRY RESPECTING THE AFFRAY AT GOARIBARI ISLAND,

    BRITISH NEW GUINEA.

    APPENDIX (COPIES OF EXHIBITS.)

    LIST OF EXHIBITS.

    No. Particulars.

    1 Government Gazette of British New Guinea, No. 4, rlated 23rcl May, 1903, containing the notification of the appointment of Christopher Stansfelcl Robinson, Esq., to be Chief Judicial Officer and Chief Magistrate of the Possession ................ ..... ..... .. .... ... ................. ............... ................ .

    I

    Paragraphs of Transcript where referred to.

    6

    2 Government Gazette of British New Guinea, No. 5. elated 9th June, 1903, containi ng the notification of the appointment of Christopher Stansfelcl Ro binson, Esq. , Chief Judicial Offi cer and Chief Magistrate of the Possession, to be also Deputy and Acting Administrator, pending the arrival and assumption of office of any other person who might be duly appointed .............................. 8

    3 Prin ted copy of a despatch, elated 8th May, 190 1, from the Lieutenant-Governor of British New Guinea (Mr. L e Hunte), containing a report of the massacre of the London Missionary Society party under the Rev. James Chalmers and the Rev. Oliver Fellowes Tomkins, by the natives of Goaribari I sland, on the 8th April, 1901, a nd of Mr. Le Hunte's punitive expedition in May,

    1901, to Goaribari .. .... ...... ... ..... .. .. .............. .... ... .................. .... .. ... ...... ...... ...... .. .. ......... .. ... 12, 43, 44, 45, 46

    4 Printed copy of a despatch, dated 29th March, 1902, from the Lieut enant-Governor of British New Guinea, reporting the result of his second visit to Goaribari I sland in February, 1902 .. .. .. .. .... . .. 14, 46

    5 A despatch to His Excellency the Governor-General, Jated 23rd March, 1904, signed by the Acting Administrator, H is Honor Judge Robinson, and containing an account of Ius visit to Goaribari Island on the 5th :March, and su bsequent days, and of the affray which then took place.......... .... . 16, 17

    6 A copy of a report, dated 18th J nne, 1904, signed by Judge Robinson, respecting the Goaribari Island affray.. . ....... ........ .. ........ .. ........... . ............... ........ . ............................................. ..... ....... .. . 23, 47, 1226-1229

    7 A copy of a further r eport, dtcted 19th Jnne, 1904, signed by Judge Robinson, on the same subject ... 4, 24,48, 49,1226-1229

    8 The fi le of official papers of the Department of External Affairs, showing t he request of the

    Queensland Trustees, Limited, to be allowed to provide for the representation at the Co mmission of the representatives of the late Judge Robinson .......... .. .................. .. .... ............ .. .... ........... 28, 1230-1; 2166-9

    9

    10

    ll

    A despatch to His the Governor-General, from Captain Barton, Acting Administrator of British New Guinea, dated 20th June, 1904, r eporting tho death of Judge Robinson, and forwarding a copy of the proceedings at the inquest thereon ........ ................. .. ............................... ...... ..

    A copy of a letter, dated 16th June, 1904, addressed by Captain B arton to Judge Robinson, informing him of the appointment of a Royal Commission to inquire into the Goaribari Island affray, and1 instructing him t o a ttend the Commission ....................... . .. . ................................................ /

    Copies of three telegrams-(!) from Department of External Affa irs to Rev. C. Abel, Samurai, New Guinea, dated 5th July, 1904, instructing him to attend Commission, as witness; (2) from ·Depart­ ment of External Affairs to Cooktown, asking whether Rev. Abel has yet had an

    opportunity to reply; (a) t elegram from Postmaster, Cooktown, iu reply ......... ................... ... ..

    33

    35

    2111

    96

    Appendix. Exhibit Nos. 1, 2, and 3.

    Exhibit No. 1. Exhibit No. 3.

    Government Gazette of British New Guine:1, N o. 4, dated 23rd. May, 1903, containing t he notificat ion of the appomtment of Christopher St ansfeld Hohinson, Esq., to be Chief Judicial Office r and Chief Mao·ist rat e of t he Possession. "'

    Despatch from the Lieuteuant-Governor reporting t he massacre of the L ond on Missionary Society Mission P arty under the H-everend J ames Chalmers and the Heverend Oliver F ellowes Tomkins, by t he natives of Goaribari I sland.

    BRITISH NEW GUINEA GOVERNMENT GAZETTE. Published by Authority.

    Vol. XVI. SAT UIW AY, 23 RD 2\L\Y, 1903. N o.4.

    -------------------- - ------------

    Government Secretary's Department, 18th May, 1903.

    THE Lieutenant. Governor has been pleascu t o appoint , t emporarily and proviSIOnally , CrrRrsroPIIER l-'irA NSFELD R om:>so:>, E sq ., t o be Chief Judicial Offi cer and Chief JVhaistrate of the Possession vice Sir Francis Prat t Winter, retired.

    0

    This appointment to

    Exhibit No. Z.

    Go ve1·nm ent Ga zette of British N ew Guinea, No. 5, da ted 9th June, 1903, containing the not ification of the appointment of Christopher Stansfeld Hobinson, E sq., Chief udicial Officer and Chief Magistrate of the Possesswn, to be also Deputy and A cting Administrator, pending the arrival and assumption of office of any other person who might be duly appointed.

    BRITISH NEW GUINEA GOVERNMENT GAZE TTE EXTRAORDINARY.

    Published by Authority.

    Vol. XVI. TUESDAY, 9TH J UN E, 1903. No.5.

    Ily His Excellency the Lieutenant-Governor of British N ew Guinea. (L.s.) (Signed) G. R. Le H UN TE.

    WHEP. EAS by Royal Letters Paten t under the Great Seal of the United Kingdo m of Great R ritain an cl Ireland hearin a date at ·w estmiuster the P-ighth day of June, one ei"ht hundred

    and ei ghty-eight, it is provided t hat the of the

    Possession of British New Guinea may, in t he eve nt of hi s ha \·ing occasion in the i nterests of His Majesty's Servi ce at any time to proceed to any place beyond the limits of the said Possession, appom t any perso n to be Deputy Administrator within any part of

    the said poss ession. And whereas I, Geo r;:;e Rut h ven L e Hunte, the Lieutenant-Governor of the said Possession of British N ew Guinea, having bee n appointed Gov ernor of t he State of South Australia, have occasion in t he in terest of His Majesty 's Ser vice to proceed to Au stralia beyond the limi ts of the said Possess ion;

    _Now, therefore, I, the said George Rut hv en L e Hunte, t he I"I eutenant-Governor aforesaid, p ursuant to the hereinbefore in par t recited Letters P at ent , and to instruct io ns received by me in this b ehalf from the Governor-General of Australia, do h ereby appomt Chn st 0pher Stansfc ld Robinson, E squire, Chief J u cl icial

    Ofn cer and Ch ief Magist rate of a nd in the sa irl Possession, t o be Depu ty and Acting Administrator wi thin t he whole of the said P ossession, and do aut hori se a nd empower hi m in hi s capacity of such Deputy and Acting Administrator t o exercise, pending the arnval and assumptiOn of offi ce therein of an y other person wh o may be duly appoin ted to the otii ce of Li eutenant-G ovem or or Aclmiu is trat 01·, or Deputy Aclmini stmtor of the saitl P os session , all the powers vested in t he Admin is trator of the said P ossession.

    Ui\· en u nd er my hand anrl the Sen.! of t he said Possess ion t his nin t h day of June, iu the year of Our Lord oue t housall(l nin e huuclrcu and t hree.

    [No. 23.] S. Y . "Merrie England,"

    M Y LoRD, Darn, 8th May, 1901.

    I have the honor to forwa rd, with deep r egret, the following report of the massacre of the London Missionary Society Mission pa rty under the R ev. James Chalmers, the well-known pioneer missionary of New Guinea, the R e v. Oliver Fellowes Tomkins, a young missiona ry who only ca me out from England last year, N a vag i, the chief of Ipisik\ v illage, on K iwai I sland, in the F ly Ri1·er Estuary , and nine mi ssion students fro m the same locali ty, a nd t he looting of t he missio n schooner "Niue," by t he natives of Goaribari I sla nd and other villages in its neighbourhood, at the month of the Omati R iver, one of the Airel system, in the Gnlf of P upna, about 12 or 13 miles westward of Cape Blackwood, and of the p roceedings which I thoug ht it my duty, and felt it right, to t ake in co nsequence : not to a venge the d eaths on the pa r t of the Mission, fo r l 'ms specially req uested not t o do so by R ev. Mr. Hunt, t he secretary of the Mi ss ion h ere, but from a Government point of vi ew, t o preve nt u recurrence of ·uch an outrage on peace­ ful parties by natives of this I 'osscssion , or uny arme

    2. As y our Excellency is aware from my des patch, No. 21, of 27th April, 1901, I had arranged to send t il e "ivl crrie England " to Cooktown from Por t Moresby on the 27 t h April, and she was on the point of starting when theLondon Mission Society's schooner

    "Nine " arrived from Darn with a letter from .Mr. Jiear, the sub­ co llector of customs there, tl copy of which I enclose, r eporting the arrival of the Mission schooner there on 17th April with the news of the massacre which took place on the 8Lh , and of the action t aken by him in the absence of Mr. Murray, the resident marris­ trate for the \Vestern Division, who was at the time away on ° a n expedition t o the Fly River. Mr. Jiear acted very promptly and properly. The light winds at this time of the y ear, as t h e north­ west season closes, account for the lapse of time between the several steps in the matter. I also enclose a copy of a s tatement made by the captain of the schooner to the Rev. Mr. Hunt, at Port Moresby, in which he giYes the details of the occurrence as far as he knew them.

    3. I t appears that Mr. Chalmers and his party arrived a t

    Goaribari I sland on the afternoon of the 7th of April (Easter Sunday), and that t he "Nine " was at once surrounded by canoes with armed natives who could not be quieted until Mr. Chalmers had promised to land at one of their villages n ext morning. The locality is one which has a very bad reputation ; t he population is large, and savage. It was first visited, as far as I know, by

    Captain Blackwood (aft er whom the cape to the east of it is named) i n 1845. 4. The party landed early next morning at. Dopima village, on the north side of Goaribari I sland, intending, as Mr. Chalmers told the c:::,ptain, to return t o breakfast ; t.he schooner was in sight of the village, and they saw them land and never saw them again, though the whaleboa t was seen to com e out <\ little, then go hack as if prevented from getting away; neither :Mr. Chalmers nor Mr. T omkins were in her then. The natives round the schooner, whom t he captain had been trying to pacify by gi\·ing t hem tobacco, etc., finally hoarded her and looted her, but did not attempt to kill any of the crew, who were all from Kiwai I sland, except the capta in, who is a R arotongan, and has been some y ears in the service of t he Mission; a Rarotongan t eacher who had accom­ pani ed them from Darn was a lso on board. Seeing that h e was in danget· of t heir seizing hi s vessel, and a breeze springin g np a t the moment, the captain got her under wa.y and went further out; he noticed as h e did so that some of t he 11 a t ives on shore made a certain signal, which the Fly River men knew meant that they had killed those on shore a nd cut off their heads, and immedia tely the canoes, which had sheered off when the vessel began to gather way, t ried to close again with him , but he got away and anchored so me way fur ther out. La ter in t he evening he got her under way and went furt her out to sea, to get a safer anchorage for t he ship in these shallow waters, and returned the nex t morning to the Island by the channel on the other (w es tern) side of it. See inCT of the party or the boat, he left at 8 a .m. for

    arri dng , as I have said, on the 17th, and at Port l\'loresby on t he 27th. On questioning t he capta in myself I was of opinion that he had come a,way from the islaud much too soon , and t hat there was n o clear proo f that a ny of t he party had been killed; and others were of the same opin ion and had t he sa me hope, bnt the e\•ent proved t hat the captain had ri ghtly interpreted the circumstances, :1ncl I am sorry that I for a momen t misjudged him.

    Appendix.

    1g. N ext morning, 2nd May , we proc eeded towanls the island, onr way with t he "Ruby " a head of us. \Ve anchored

    mstde a large sandbank not shown on the chart, a nd which h o,s probably .fmmed since \': illian; Mac.Gregm· was here, or he " ould cer tamly have n ottced It. 'I here IS a ch o,nncl between it and the long bank off Risk Point, t he east p oint of Goaribari Island, b ears nearly due wes t from Cape Black wood , at a d is ­ tance of 12 miles. W e , however, k ept to the north or land wa rd side of the in 4 fathoms a t half tide, Cape Bbck ­

    woo d bearmg E. by ::; . !:i mtles, R tsk P omt W . by N. :1: N . 4 miles.

    11.. I d ecided to send to land simultaneously o,t the

    two vtllages of D opima and furotere, a bout a mile apart on

    the nortn st ele of Goaribari I sland, while I, myself, went on w it h ihe other two a nd the "Ruby " t o the junction of the northern and western chan nels of t he mout h of the Omati to cut of!' canoes and pre:vent an:y coming down from the villages on the ri crht b :m k of the n ver. 'I he names of Do pima and Tmotcre we obtai;1od fro m

    t he p n soner we ca.ptured ; t hey a pp ea r t o be t he same as t hose named respecti1·ely A nawaid a and Oteai on Sir W illi am M ac­ Gregor's map. It is very diffi cult t o fi nd out t he exact na me of a as a w h_ole , as d ifferent pa r ts of one Yil!age, an< l e ,· cn

    m the same village, luwe d ifferent nnmos. I give

    th10ughout this t he names of persons a nd places as given to

    us by t he _m an in question . I ga1·c orders t hat we werec not to

    b eg m hostJltt tes, but t hat d irectly the natives began t o tire t heir arro ws at us we shoul d re turn it with rifle tire at once, and t hat on no accou nt , tf t hey called out " peace" (" M.iro " ), was any >1ns wer t o be gtven, as I had iJ O i ntention of misleadin " t hem as t o the

    nature of .ou r vi sit ; n,ml I accept in t he fullest the entire

    res ponstb1h ty for thio and eve ry ot her st ep t hat was taken, and ta ken by my ex pli cit orders. l was perfectly

    cle,u t!Mt what I dctcnmued . t o do was r ight and necessa ry . I was not on a n explonng expechtwn, USill g ev<.'r y e tfu rt to COll ci liate the n attves an d :woid collision, e1·en rofminin:,: from retal iatio n of da ngerou s attacks, as man y :L ti tn e out· oiii ccr o a lld me n l1a ve

    bra 1·e ly d one. I had co me to mee t face to htce :L cruel set of

    savages, \v ho, we we l'e now satisfied , hud com tni tt eU a treacherous ma.ssacrc of a d efenceless a.nd p eaceful party of white men and nattves who1.n t hey had invited ashore ; and had looted, a nd nea rly secured, thetr Yessel and Its cre w ; and I was det ermined that, if

    t hey attacked my force fi rst , they should r eap the result immedi­ ately ; a t the same tan.e, none were t o be shot at who were runni ng away or n ot engaged m t he att ack. I consid ered this to be of

    great er importan.ce than getting to a h and-to-hand 11ght and killing more men or t akmg pnsoners; t he fi rst lesson I intend ed t o t each t hem was the immediate result of firing arrows wit hin striki na dist a,nce of any of my party.

    0

    12. \Ve ttrrivecl opposite the t wo la rge vilbges I have ment ioned about ha,lf-past 3m the a, ft ernoon . It took us a long time to tow up aga mst t he st rong ebb tide, and it was nearly low water when we gut t o them. villages were sit uated on the edge of a soft

    muddy foreshore, With t h1 ck sago swamp bush immediatel y behiud them, and ?neit her side o f them . There were a nmnbet· o f goocl ­ dwelhng-hon ses lnnlt on ptles, a nd a t eit her end one of the

    "dubus," or single men's houses, where all the

    ti llhtmg men h ve. The n o, tives were on the edge of t he shore a rmed W1th long bo ws a nd sheaYes of a rrows ; more we re runni ng about amongst the hou ses or standmg a t the

    wtth one h and, " ·lule they hel d t heir bows a nd a crows in the other. This mi ght have b ee n t a ken for sigll s of peace, bu t it is im portan t to k n? w t hat, here, wil en a palm branch is wavecl in one hand, it 1s th Ci r sign of de!iancc and direction t o ' ' go awa.y " ; wh en they

    mean _P eace they W>tYe a hranch Ill each hand. This, Mr. M ur ray says, 1s co mmon t o the t r ibes of Fly R ive:· a nd Ba mu ; there was, however, no m ist akin g what they mean t on t his occa,sion . I

    detached 'll1r. Ball antine and Mr. Giulia nctti with their res pective boats at Dopima, with t he " J\.J err ie England's " small launch t o look after them, and went on t o Turotere and detached .Mr. MacDonald , with whom was Dr. Blayney, and .Mr. Murray, with

    whom was Lteutcnant Drown. The boats at the Yilluae

    waited fo r the moment when t he upp er ones \rere ready to lanJ. Befo re t he boats li nally t ook u p t heir positions, I ra n down wi t l1 the '' Ruby " and gi g t o g i·.-e an instruction to the lower boats a nd had a chase after a .na t i in a small single canoe. I nea.rly

    him. ; but got. m to shallow water and escaped. I was 1·ery

    anx1 ous to, tf posstble, secure one, in order to get so me info nnation, as 1t would be very unltkely t hat we should get a ny ashore. They stand up to padd le, o,n d are very exp ert. On my return to the uppe r boat s, whi ch had, by this time, reached t heir station, they

    appmached the shore. Owmg t o t he state of the tide, it was

    Impossible to make a. dash; fo r there was a considerable stret ch of soft sticky mud t o get throuah before the hard bank was reached. .Almost immediately , began to fl y at the boats and fell

    betwec1:1 them. I at once gave the signal to attack; and the boa ts' crews. mstantly tired. 'l'he natives, who had proba.b ly never exp en enccd tl< e effec t of ri fl e or gun fire sin ce they attack ed the "Fly's " boa t in 1845, seemed dazed fo r a few moments ; though co nt mned to shoot pluckily; and then they broke and fled

    prec1p1tately. I gave t he signal to cease fi ri ng, which was promptly obeyed ; and the boats la.nded and occupied t he village. Some

    97 163

    Exhibit N o. 3.

    li ghting still continued among the houses or in the bush where t he Constabulary were trying to secure prisoners, but failed to do so. 13. I saw t hat the lower boat.s had como into action wit h the Yill age t here and had landed ; so 1 went on to the junction of the

    two c hannels? and saw a vi llage close to us on the r ight bank of t he Omati, oppostte the north-west point of Goaribari. I went straight to it, and received t he same recept ion as the others . \Ve saw a. fi ne .Joo king man in fro nt of the dubn, wa vina us a way and makina sig ns of det:i ance : a large number were at the lower end

    of the village and t hey began to prepa re their a rrows for shooting. T he second boa.t was in charge of Sergeant-major F ergu son, of the l't.A.A . The tule was now conung m, and It forced my gig ashore, close to a tluck low pa t ch of bush wit hin a few yards · and if the

    na ti ves had ta k en the opport unity to have shot at us from b ehind tt, there would p r obably ha l'e been some accident. One of my cre w, a y oung lad, JUmped mto the wa ter and pushed h er off, a nd we pulled opposit e to a more open space. In a few seconds the arro'Ys came. I distinctly saw a man kneel down , behind the

    fightmg chief who had been gest iculating at us, and draw his bow ; while another man drew on our boat r ight ab reast of us. One arrow came between my head and that of one of the two R .A.A. 's w ho were in my boat wit h Mr. Manning ; and I at once gave t he order t o fire. Tho infrout of me di sappear ed instantaneously t o the r1ght ; ? ut the figh t w g cluef still k ept Iu s place, shouting a nd gest •c ulatmg : but I sa w t ha t somethin"' was t he matter with him, and he di,appeared. I feel sure tha,t

    0

    he was wounded, and

    abo another man, who walked a wa y very slowly, and evidently \n th cl!fhcu !ty, throug h the shooting, wi t hout ever looking behind hun or qmcKenmg Ius pace. l fe lt a respect for t hese two men. It was, however, all over in a moment, a]J(l we went ashore through the m ud o1·e r ou r knees. I t was Yery d i tfic nl t t o extrica te one's legs from 1t; ttn

    0

    or wounded .

    There was a smaller Yillage on the oamc sid e further d own; but I conld Sl' C n o one t.h e1 C, so we

    MacDon ald v isited i t the next cl a y li e found the dead body of a t ;dl ma n wrapped m a mat Ill t he ' 'dubu," who had a bullet wound throug h hnn, a nd I should not be surprised if it was the fi ahtina c hi ef I ha 1·e meutionod .. l haYe gil'en t hese d etails, not

    t hey were my own part m the affai r, but because it will aive some idea of the same thing tha t was occurring to t he parties

    only t hat t hey ha.d fig hting after t hey la nded , whereas we had none. If t he tide had been in , and we co uld have r ushed the

    villages, the fi ghting would hn,v e bee n m uch closer and some p rison er.s would probably have bee n ta ken; at the sa:ne time the loss of ltfe would h ave been great er than which I should

    have regretted. 14. I went thr_ough the long ." d ubu," which, I should say, was 300yards long, dtvtded up on either side into small partitions or cubicles screened off from the centre passage, which was wide and clear from end to encl . There were quan tit ies of bows and arrows,

    many of _the latt er barbed, and of a soft , ea.s tly-broken wood, probably mtentwna l, to make their extraction more difficult. The mos t curious objects were fantastically ca r ved and painted fi gures fastened t o a sort of seat , wi t h dozens of skulls, some of them carved and painted, in front of them ; each skull was attached to th e fi g ure or to t he frame of the seat by a thick twist ed cord with a loo p a t t he end wh ic h slipped o ve r a peg; there were hundreds of these skulls before numer ous fi gures, which we take to be idols of so me kmd, m all the "dubus." ::lo me had pieces smashed out by t he dea t h blow, others were uninju red . So me had artifb ial ll OS es and t eet h made of gum and wooL \\' e found bamboo head­ k ni I'CS, and the . daggers of cassowary b one with which they des 1'a tch t hc1r n ct uns . ' V!t cn " man is seized the dagcre r is

    plunged downwards into his g ullet, and h is head is immediately cut ott' with t he bamboo-kuife. 15. ' Vo no w returned to t he po,r t y o,t 'l'nrotere and found them ca mped in the large "dnb:t •: at the upper end of the village, where we were soon. after Jom ecl by t lwse from Dopi ma. \Ye heard that about t hirteen of the natii' OS were killed at t he two vilbg?s, but fu rt he r subsequent iuquiry by .Mr. :Murray , from the men tnd !vldua lly, mcreased tins number t o t wenty-fo ur, includ­ two who were shot _ a t 13a il tt (a large village, further up on the

    n ght b :m k of the Omati, w hi ch we visited next day ), one of whom was shot? reststmg a rres t , by a con sta bl e, in self defence, and the other sn1pmg at one of the Roy al Australian Artiller y and two native constabl es who we re w it h him on the outskir ts of the villaae. All who were killed were killed a ct ually fi ghting. Three were sa!Ll t o h;n·e been wounded . I hav e n ot included t he t wo I mention ed at Aidio, as we only surmi se t hey were. It is possible, howeve r, that t he real number killed or fatally wounded is laraer for those who got away any distance into the bush , and d ied

    would not be known ; no wounded were found any where. I

    should be hypocn t tcal were 1 to say that I d eplored t he loss of life on this occasion .. I deplore the necessity for taking it at all, and I am 1·e ry glad It was not g reater ; but it was inevita ble ; and the natives brought it on t hemselv es ; a nd l b elieYe co nscientiously tha.t they deserved it .

    16 . Before _ we reached Tnrot ere it began t o rain very heavily , and a. most violent thunderstorm came on whtch lasted the greater part of t he night . T his was of use, both in k eeping the natives

    Appendix.

    away, who were prowling about us, in their houses, ancl by : he frequen t flashes of lightning, enabling the sentries to see anything near them. One of our men was hit in the head with an arrow while on guard at the river eml of the house, and a scare ensued

    for a few moments, a regular volley being fired out into the dark­ ness by those nearest the door, which m

    escape. There were other shots fired from time to time at t h e far end towards the bush at the snipers who were seen by our sentnes. Mr. Murray was most active in looking after everythina that night a nd encouraging the new recruits, who were not used to this. It was a pity that he had not got his own men, who are well accustomed to it, but he hacl left t hem at Darn, intending to return for them in th_e "Panta ." He had one very good man with lum, Corporal P eradt, of Parama, who had distinguished himself

    before. H e was one of those who fou ght the Tugeri at the mouth of the Morehead in November last. On this occasion he se iz ed a prisoner in the fi ght a t Turotere, but was attacked by a second opponent, whom he knocked down with the butt of his rifl e, which broke in the blow. His prisoner escaped. The other man was shot by a constable who came up at t he moment. .Mr. Murray put up a lamp some distan ce outside the ends of the houses, whi ch

    was of great assistance to the se n tries. Nir. Brown's men shared with ours in keeping sentry t hrough the night. The howling, or rather crying, of the native clogs in the empty houses was extremely like that of human beings wailing over t heir dead, and I

    think it may often been mistaken for it. 17. vVo found several pieces of the boat here, "·hich had evi · dent ly bee n broken up, some remnants qf articles which had belonged t o the murdered party, and a fresh skull ; also a lowct· jaw, which Mr. Giulianetti did not. thiuk belonged to a nati1·e. It was that of a young man ; there was a mol:tr missing from tho right s ide; there was no in a ny of the teeth. On e pris01wr

    had bee n made the cl ay before, captured in the water by the

    village con stable of Maipua, whom Dr. Blayney was t aki ng to Koriki, :mel had brought \Yith him from Hall Sound. Corporal l'eradi, who was put in charge of t ho prisoner, was able to speak his language, and we got so me useful information from him, when )1is first and apprehension of immediate death had pasi

    Dopima; that the head fighti11g man of Tnrotere killed Mr. Chalmers, and that Mr. Towkins and the K iwai chief were also killed by Turotere men. He gave the names of the men a lso who kill ed the mission students. All t he bodies were cooked and eaten. He also gave the names of several of the villages implicated iu tho whole affair, either in the murdering or the looting of the schooner, and said that if she h ad not go t away, all on board her would also have shared t he same fate. H e came from a village called Dubumuba, on an island a short distance t o the north named Babaibari. He gave me t he name of his own village, and that of another on the same island, as having sent canoes to the schooner and having shared in t he plunder, but he said that they were not can nibals like t he men of Goaribari, a statement probably open to doubt. I enclose a copy of his final statement taken by

    Mr. Murray.

    98

    Exhibit No. 3.

    my opinion, to leave a lesson behind me which would not only be felt by those punished, but the report of which would spread amongst their neighbours far and wide I t is true that I had to decide this without having the opportunity to make a careful investigation or to hear anything iu defence from the people who were to suffer : all this I considered, and the possibili ty of inflict­ ing punishment on the innocent, or at any rate the less guilty, and the bitterness of feeling which that would engender, makmg my next visit of conciliation (except with regard to the actual murderers) much more diffi cult; all t his was befo re me, but I decided as I have said , and I do not believe that I was wrong,

    though mauy, I k now, will think otherwise. It only r emained then to carry it into effect, and I gave instructions accorclmgly. I permitted such articles as carved ti gures and weapons which were found in the dubus to be taken, as otherwise they would be use-lessly destroyed, bu t I allowed no loo ting of the other houses, and if any occurred (an d I do not thin k anything but weapons, which I allowed, were taken), it was done without my knowledge ; and the other offi cers and I, on more tha n one occasion, sent the men back with domestic art-icles they were removing. I, however, permitted two or three speci mens of hand fi shing-nets to be taken a s ar ticles of interest, as bein g of a new pattern. I also decided to d estroy several of the large war canoes- dug-outs without out­ riggers.

    HJ. iVe decided to go first to the village of Aimaha, on the

    island or promontory of land opposite Goaribari, to which we understood at first that Mr. Chalmers' head had been taken. As it was situated up a creek, it was i1ecessary to go there while the tide was high ; and I decided to go t here immediately after

    breakfast, inst ructing Mr. MacDonald, with whom ·we left twenty constables, and Sergeant-Major Ferguson with one of his men, and two boats wi th t he small steam launch, to search the island as far as possible, and try to get so me p risoners, and to visit every v ill age on it and burn the d ubus and destroy the la rge canoes. " ' e then left Turotere, settiug the t wo large clubu s in fl ames. vVe t ook the other four boats and the'' Huby, " and stopped alongside the "l'arua" to tell Hunt and Mr. lhuncey, who had tran­ shipped into her wit h Mr. Roth well, what we had found, and of w hat I was goin g to do. \Ve fo un

    night, 0 which I knew would give them two more rifles; but

    it was only late on in the night, ant! after we had heard the shots, that I fo und she was alongside t he ' ' Rnby" with her fi re out, so that it was impossible to send her off to the "Parna. " \Ve then proceeclecl to the month of the creek, where we left the "Ruby," and pulled up t o the village on the left bank about a mile and a half up. I had the prisoner Kemeri in my boat, with Mr. Murray, and Corporal P eradi as interpreter, w that he could give us infor· m ation, which he appeared qui te williug to do : he seemed to be an intelligent man. We saw some men in canoes with their fi ghtinr, ornaments on ; and one man in a single canoe paddled up behind u s calling out, as the prisoner told us, to his people not to fight us.

    K emeri told Mr. Murray afterwards that this man was at t he massacre, and t hat it was h e who first suggested t hat the mi ssion boat should be broken up , and expressed his surprise that we did not shoot him in his cano e. Mr. Murray told him t hat we did not shoot at anyone who was not fighting us. The village was a large

    one with a dubu at either end . Some natives at first remained waving us away, but as we got closer they disappeared, and we saw none when we landed except those in the canoes. \Ve

    searched the clubus for any truces, 'ttlCl found parts of the boat. vVe bumt Lh e clubn and then left; tho man in the canoe shouted to us to know why we had burnt his houses, as he had not fought or kill ed anyone. \Ve told him we did it because they all had a hand in the massacre and looting, and that when I came back I should not co me either to fight or to burn. H e said that wh en we came back he should kill us ; but that is their usua l expr ession of anger.

    18. It was necessary for me to d ecide what was t o be clone at once. It was impossible t o remain here now; the south-east was overdue and might set in at any moment, when the ship would have to leave t he coast. Sir vV illiam was obli11ed to

    lea1·e on the 2nd of May just at the same time, a nd the swell out­ side had warned us t hat it was ncar at hand. I had to decide now what punishment I ought to in fl ict on all those villages which I harl reason to believe were im pli cated, or connected in an y way, with the dreadful tragedy; and I, at length, after careful con­ sideration, decided to visit them all with one or other of our

    parties , and hurn clo wn the dubus ; but not to t ouch any of the ordinary dwelling-houses of t he married men with their women and childr en. I consulted those of my officers who I knew were sympathetic and experienced wi th natives; and we came to the conclusio n tha t it was the ri gh t thing t o do under t he circum­ stances; bu t, while I took their opini qn, the decision was mine, and I was entirely respon sible for it. I had on on e occasion very severely censured an offi cer for burning a dnbu; and it was a curious coincidence that the gentleman in question , who is no longer in the service, was on board the '' Parua " as Special

    Correspondent of the T or-•·es St?·aits Pilot, a Thursday Island n ewspaper, and now saw the very thin g done by my orders ; but the circum stances of that case, whi ch were reported in my des­ p atches of last year, are so widely diUerent, that I do

    not feel that I have been inconsistent . It is a form of punish­ m ent which I have always condemned , as it usually punishes most the weakest portion of the community- t he wo men and children and the sick ; but, by burning these dubus only, the punish ment would fall only on the fighti ng men . T he houses are made of sago palm, and can be rebuilt, but of course with a con­ siderable am ount of time and labour ; the blow to the prestige of the village would be greatly felt , and that is of more weight in this ease than t he material css of t-he buildings. It was·necessary, in

    20. \Vc t hen returned to the "Ruby , " and had a long steam against the ebb-tide to the large Yii!age of Bai-ia, on the. right bank of the Omati above Go:Lr ibari. It was a very large vtllage, a nd Sir William MacGregor, when he visited it, estimated the p opulation at about 1,000. I t seemed at first as if t he natives intended to fight us, and we mude our dispositions accordmgly ; but their hearts failed them at the last moment, and they made off, some in np the bank of the river. I had gone to the

    upper end of the village, selecting our camping-place at the large clu bu at the lower end, as i t stood well in the open. I told the

    "Ruby" so, but did not intend her a t once to go down there. I ought to have told h er to keep abo ve me so as to cut off any canoes that might try to escape across the ri ve r; one di d so, and when I wanted the launch to send after it she was away down stream with her steam clown and the tide against her. vVe had to wade t hrough t he mud to get ashore and to get back to our boats, as t he village is int ersected by a creek wh ich was a stret ch of uncovered mud. vVe burnt t he large clubu at our end. In searching it !noticed that the natives had removed all t he idols, or what we have so called, in great haste, throwing the sk ulls on the floor . We t h en rejoined the other parties, and camped in t he lower dubu. A dubu in the centre of the village was also burnt. It was in this village that

    99

    165

    Appendix.

    t he two last men we re shot uncler the circumstances I have

    mentioned. \Ve had a quiet night, and next morning, 4th May, we went down the channel again, passing Tnrotere, and findino­ the " P a rna " anchored off D opima, where ;11r. MacDonald had camped in the l ower dubu-the one in which we learnt afterwanls the massacre had taken place. I n,m sorry that t he natives had ha d the opportunity of removing their irlols, &c., from it. \Ve found Mr. Hunt and Mr. Dauncey on shore with the others searching ; they found two recently-cooked shinbones (I omit ted to mention the fact that Mr. Chalmer$' hat had been found at Turotere) and some of brass or gun metal, and a la rge iron "knee" and

    rudder-trons whiCh Mr. MacDonltld reco,gnised as belonging to a large vessel whtch may have been wrecked somewhere in these parts ; one of these brass pieces was . beaten into a wedge in the shape of a stone atlze, several of winch we found in the villaacs

    m ostly of a fine. g reenstone ; it was Ye ry t hick and heavy. 'J;-he <]Ues1ton of . h oldlllg a funeral sen•1ce on the spot was considered; but 1t was t!llposs ible for u s to wait, a s we h a d other villaaes to

    visit while the tide was high, and we felt it would be b etter to h ol e! it on board the " Merrie England " the next morning

    (Sunday), in sight of the place, when we could all be together, fo r our_ work would then be over for the present, rather than have it whde the smoke of _punishment w as still reeking on the s pot, and wh d e there was sttll more to be d one, ancl it was so decided : ttnd I think those who had gone woultl rather have had it so. If the

    Mission Socie ty likes to put up a m emoriltl cross there, I shall be glad to b e entmsted with the duty . It will b e seen from Kerneri's statement to Mr. Murray, that the whole party la nded

    unsusp10io usly, and were enticed inside the dubu and treacherously murdered, the gen eral s1gnal bemg gtven by Mr. Chalmers :mel Mr. T omkins being struck down first wit h stone clubs. They mercifully can have sufferer! nothing more tha n the blow that killed them

    but the others who saw it mu8t have had a dreadful s hock they were killed . Navagi, tho Kiwai chief, fought for his life, and actually lu lled one man before h e was overpowered ; the poor M>sswn b.cl s couM do n o more thn.n gJYo up their lives. Can the

    Mission history of the wol'lcl tell a sadder tale? Mr. had visited Aiclio and the smaller vi:Jage

    b elow Eheubt, ."·here he found the hnrly of a man I t hink very l1k ely the fi ghtmg cluef we saw at A tdw. He had still the sou thern anrl west ern sides of the island to vi sit, and. he would r ejoin

    the " i\1 en-ic England " at h er anch orage when he had fin ished. :\lea n while we had to visit t hree YiJlages on tl·,e channel runnin" northwards ft-om Point, whose. names had been given by

    the pnsoner as havmg taken part m t he af'!i-tir · one of these

    Duhumuba, on Babaibari Island, was his own Mr.

    well then took the "Parua" down to t he "Merrie En<> land's" anchorage, and we went on to Bab cibari, detaching Mr. and Dr . .1.\layney 's boats, with the "Ruby," to visit Ubuoho, a Ltrge nllage opposite to D ubumuba, anti whi ch is shown in Sir

    \ Villiam MacGregor's map as Upua. \Ve went on with m y gig and ·Mr. Giulianetti's boat to Babaibari. We landed tlrst at a small village called Gewaribari; the natives had all left on our approach; they had put up square-plaited palm leaYes on poles as a signal to us not to l and. 'Ne burnt t he dulm here, and wen t on

    to Dubumuba, a rather large vi llage, wi t h two dubus, but not so large as any of the others we had previously seen. \Ye were

    wave d away, and the same square signs had been put np on the shore. I ha

    u s. H e showed us the particular part of the dubu where he liver! anrl his father before him, and askecl us not to burn it. It "·as \Y ell-made house, and there were several g r otesque figures, which tbeynse for the1r dances, m the porch; the idols had been removed.

    I told Kcmeri that I would spare it because I had taken him

    prisoner, and he had given u s very Yaluable assistance. I told him to call out to his people that, if they would come without thei r weapons and speak to me, I would not hurt them, and we put down our ri fl es so that they mi ght take confidence. After waiting some little time, I said that we must go, and that he was to call out and tell them that he was going away with me and that I would bring him back so metime, WIJ ic!t he did. If I harl been able to Wltit a considerable time we might have been able to have

    got t hem to come to u s. \Vhi le \\" e were there w e saw the la rge

    dubu at Ubnoho bnl'lling, a nd very shortly afterwards the whole village appeared to be in flames, which, I regret very much to say, prove d to be the case, for, on rejoini ng the party who went the re, Mr. Ballantine informed me that after the clubus were fired :1 wind got up which carri ed the flames to the other houses, and that only ont of fourteen of the ordinary clwellinrr-honses had escaped.

    H e said if the wind had been blowing befo re"' they fired the dubus they would n ot lmve .set fire to them. I am q11 itc satisfied t hat the fire was purely acctdental, and not cine to any want of care or foretho1:ght . . Our task was finis hed: There were other yil]ages whJC h h .emen sa1d had had no part Ill the affair, but I thought it

    better to leave them qmte alone now, and visit them when I r eturn h ere. vVe r each ed the ship in the aft ernoon, and, as I saw the

    smoke of a burning dubu on the far side of Goaribari, and the sea was rising with the coming south-east, I thought Mr. 1lacDonalrl mi ght have some diflicult y in getting hack to the ship. I therefore asked Captam Harvey to send the "Ruby" to loo k after him, and he at once went away lmnself in her : they rli

    Exhibit No.3.

    about 5 00 yards u p a creek on the west side of the island. The

    natives \\·ere hostile and him ; he had to fire to dri1·e

    them away. As the tirle was out he could not bring his boats into the creek, and hat! to send two of hts men acroRs to burn the

    r!nbns; h e counted twenty -fi ve houses besides the clubus. He had returned by t he north channel , as there was a dangerous sea, a nd very little \rater between Risk Point and the outer bank; in fact, the coxswain of the steam launch told me he thought h e could not

    get through it "·hen they were going there. Mr. MacDonald also repJrted haYing about 120 of the fighting canoes.

    (Sgd.) G. RUTHVEN LE HUNTE.

    His Excellency Lord Lamington, G . C. M.G., Go ,· emor of Quee nsland.

    Exhibit No. 3-continuttl.

    ( Enclosttrc 3 in D espatch Ko. 23 of 8th Jlf.ay, 1901.)

    Statement of K emeri of Dubumuba, taken prisoner at Dopima, Goaribari I sland, on 2nd May, 1901, concern­ ing massacre of Revs. James Chalmers and 0. :F. Tomk in s and p:otrty, and looting of th e L.M.S. schooner

    "Niue," at Goaribari I sland, on 8th May, 1901.

    J. The name of the village I was captured in is Dopima. I,

    however, belong to Duhumuba, a 1·i llage on Baiba Bari Island. I, myself, was not present at the massacre ; on ly the big men of the village went. I have, howeYer, heard a ll about it. My

    father, Marawa, sent me to Dopima to get a tomahawk to build a canoe . The name of the village yon camped in the first night is 'l'urotere. The first suggestion for massacring the L.M.S. par ty came from Garopo, off whose vil!H.ge, Do pima, the ''Niue" was aneltorecl. Word was at once sent r ound that night to villages in

    the vicinity to com e to help. It is the u s ual custom for people of t he surrounding villages, when a large lJoat is sighted, to congre­ f::ate in one place. The following Yillages were implicated:­ Dopima, Tnrutere, Bai-ia, Aidio, Eheubi, Goari-ubi, Aimaha, Gewari-]3ari, Ubo-Oho, D ubunml,a. The n ext morning all t he canoes went off and p ersuaded Messrs. Chalm ers and Tomkins :tnt! party· to come on shore in the " ·!taleboat. Some of the

    natives r emain ed to loot th'l "Niue." \\'hen they got on shore Messrs. Chalmers and Tomkins and >t few boys entered the long house, the r est of the boys r emaining to guard the boat. Thesti last, however, were also enticed inside the house on pretence of gi,·ing them something to eat. The signal for a genera l massacre

    was given hy knocking simultaneously from behind both Messrs. Chalmers and Tomkins on the head with stone clubs. This was performed in the case of the former by lake of 'l'urotere, in that of the latter by Arau-u of Turot ere. Kaiture, of Dopima, then stabbed Mr. Chalmers in the right s ide with " cassowary dagger; n,ncl then Mururoa cut oft' his head. Em a cut off Mr. Tomkins' head. They hoth fell senseless at 1he fi rst blow of the clubs.

    Some names of tn en co ncerned in the murder of the rest of the party are :-Baihi, Adade, Emai, Utuamn, and Amuke, all of Dopima; a lso \ Vahaga and Ema , both of Turotere. 2. All the h eads were immediately cut off. \Ve, however, lost one man, G::thibai, of Dopima. He was running to knock a big man (Notc.-This must be Navagi, chief of Ipisia) on the h ead, wh en the latter snatched a stone clu h from a man standing n ear, and k illed Gahiba i. · He (Kangi) \\·as, however , immediately overpowcr ecl. The other boys were too small to make any resist­ ance. In the meantim e, the people in eJ.nocs left at the ''Niue"

    had co me back, after looting her of all the tomahawks, &c. This party wo s Jed by Kautiri, of D o p ima. Finding the party on shore dead, i t was rletermined to g o back to the "Niue" and kill those on boa rei. However, the '·Niue" got unrlerweigh, and left, so they coulrl not accomplish their purpose. I think that the crew of the " Ni ne " were frightened at the noise on shore. Then

    }'akara, of Aim1ha, called out to the people to co me an d break up the boat, which had been taken right in side the creek, it bein g high water . This was done, an

    :l. Directly the h eads had been cut off t he bodies, so me men cut the latte r up and handed the pieces over to the women to cook , which they did, mi xing the fl esh with sago. They were eaten the same cl ay.

    4. Gehai has got Mr. Chalmers' hear! at Dopima, and Mahikaha has got Mr. Tmi1kins' head at Turotere. The rest of the heads a rc di,·irled amongst nu·ious indi1·iduals. .Anyborly having a new head wou ld natu rall y, on seeing strange people coming to t he

    Yill agc, hide them a way in the hush, :wd leave on ly the old skulls in the honBes. The same applies to the loot from the "Niue." 5. As regards t h e skulls in the houses, those having artificial attaehetl to them are of people who have d ied natural

    deaths; those that h aYe no noses attached have been killed. (SgLl.) C. G. :\I URRAY, R.M., W.D.

    100

    Appendix.

    Postscript to .a, report, dated 5th May, 1901 , from Mr. C. G. Murray, Resident Magistrate, ·w estern Division, on the massacre. I may also mention that this massacre has created tho intenses t state of sorrow, excitement, and revenge on the part of the K iwai I sland natives, both for the death of Messrs. Chalmers and Tomki ns , and for the ten Ki wai boys who were with them. Their g reat desire was to be all owed to muster a ll the la.rge canoes on Ki wa i, go to the spot, wipe out the offending tribes, and bring their heads to Kiwai. I, of course, in formed them that I could not allow such a procee

    (Sgcl.) C.G. M., R.M., W .D.

    His the Lieutemnt-Governor of B.N.G., &c., &c.

    s. s . "Merrie England."

    Exhibit No. 4.

    Printed copy of a Despateh, cbtcd 29th :Marcll , 1902 , from the Lieutenant-Governor of British New Guinea, reporting t he result of his second visit to Goaribari I sland , in February, 1902.

    DESPATCH LIIWTENANT-GOVERNORREPORTIKG VISIT OF INSPECTION TO THE WESTERN DIVISION. B.N.G. No. 41.] Go 1•ernment House, B.N.G.,

    Sir, 29th March, 1902.

    I have the honor to forward t he following report of my visit of inspection to the Western Division for Yonr J£x cellency's in­ formation :-2. The "Merrie Englanrl " returned from Cook town on lO th F ebrua ry, and after completing the official work in hand I left Port Moresby in her on the morning of 18th for the west. I was accompanied by Captain Barton, Mr. nhnning, and Mr. G. M . . Robertson, who was proceed in g to Darn to take up his appointment as Sub-collector of Cu stoms there. I also h ad Kemeri, the Airel River native whom we captured at Goaribari on the occasion of the expedition there last year after the massacre of the L ondon Missionary Society's party under t he Hev. Mr. Chalmers . H e has beP.n at Port Moresby ever si nce, and no one would recognise in him, as he is now, the wild fi gh ting savage of less than [t year ago. It is to be noticed that he never got accustomed to rice or meat ,

    <1ncllived a lm ost entirely on biscuit. We hope that through him w e shall be a bl e to get into co mmuni cation with the p eople when we visit them on this cruise. 3. W e a rrived at Darn on the evcuing of the 10th, pi cking np

    J\fr. Jiea r, the 11esident Magistrate, in his whaleboat between Bampton Island and Darn.

    ll. w· e left Darn on t he morning of 28th February, and anchorerl t o the southwarrl of Cape Blackwoorl that night, all(! reached Goaribari t he next day, l st March, and after grounding for a short time on a sandbank when we were feeling our way in astern of the

    "Ruby " stl>a m launch, we made our way into the Aumo Chann el and anchored ofl' Dopima village in !3 fathoms of water at neap ticl e. I was extremely pleased that Captain H arvey was able to take the ship up there, as, bes id es making all the difference in t he covenience of onr work, it was a most excellent obj ect-lesson for

    the natives to see her at their doors. 12. As soon as we !utd anchored we went ashore to D opima village, ta king K emeri, the prisoner we had taken here last yea r, dressed in a jumper am! rami. and wh o now said he belon ge d to

    Dopima, and not to Dnbumnba, the village we had spared on his account on the nei ghbouring i•lancl of Geb;dJari, as we had unrl cr­ s tood at t hat t im e. Th e Dopima natives were Yery much afraid of us and kept at a long distance, and it was not till K emeri lander! by himself and assured them that i t was reall y he, t hat fi rst one

    up their hands to show that t hey had left t heir bows behind. The m eetin g with him was the occasion of great rejoic in!l', for they of -course thought that he had bee n put to death by us. H e was, how­ ever, a great disappointment t o me, for, being naturally of a weak

    type of physique, he became so n ervous t hat he was too fri ghtencrl to be of any use, and fin a lly disappeared. he camn back

    on ce t o t he ship for a large camphorwoorl box I wa s giving him with so me things as a prese nt from t he Goverment, but which I told him he should have when we went away. I had given him a small one myself, which he took on • horc with him when we lander! him. The nath·es then asked us to land, and I met them on an

    uncovered mndbank first, and told th em that I would come ashore again t he nex t morning. W e left Kemeri with them. 13. As I wauterl to get into comm unication with the natives, I had to tell them the next morninJr. v.-h en _ [ lancl erl, and escorted_ by one of them l e.ll diu; me by tJ"u• l1<1-11d to t l)eir

    Exhibit No. 4.

    would not do any thing to them now. This invoh·ed giving up t he plan of making priso ners ; but I told t hem that I should not ma ke friends and t ha t I should reqmre to take, some time, four of t he principals, whom I named, concerned in the massacre of the

    London Missionary Society p arty, and the d elivery to me of the heads of their vi ctims. Two of the men whom I mentioned were p ointed out t o me ; and I co uld probably ha ve arrested them ; but it eertainly would lmve eonstituLecl a n act of treachery in th P. it· eyes-not that they have any such scruples themselves-and

    would have rninecl any chance 11 e had of ma king friends, as I !1ad intellllccl to do, with all the other villages, except Dopima and Turotere-the one, further up the Channel on the same side as Dopima, where we slept on the night of our first visit and fi ght, and which must be regarded as equally guilty. As soon as I told t hem this they go t very uneasy, and began t o d isappear i_nt o the bush, till only a few were left. They had begun to rebmld t heir t!ubus, and had fi nished some; but a pparently they were not so hi gh as those we harl burnt. There was no doubt, bo t h here and wherever we went, of the effec t of the lesson that they had had. I asked them why they had killed l\1'1·. Chalm ers and his party; and they repli ed in a very natural way that it was their custom

    to kill strangers, but Lhey would n ot do so again. 14. iVe went next to TLn·o tere, seeing no one the first time; but, by assurine: the people that we were not going to harm them, we got them t o °CO me to us ; and I told them the same thing. \Ve did not give them any presents ; and I ga,ve instructions that the

    "Mer rie England " was not to trade with t he people from those two villar;es , for, now that t hey were assured that we were not going to them, they came freely round the ship in theit'

    canoes to barter their bows and arrows for tobacco, &c. ; but I thought it better to show them tha t we made a clifl'erence between them ;t ncl the others.

    10. They were waiting for us, and

    receive d us gladly. The clubu had been rebuilt , and the chief asked me t o come and sleep there the next time I visited them. I was very glad to find that he was the fi ghting chief who had remained till the last when we were firing on them after they had attacked us, and whom I t hought had been sho t , and whose body

    we surmised was the one found uy Mr. MacDonald wrapped in the mat in the dubu at Aiclio the n ext day. 2J. "\Ve left the ship early t he next morning. to visit Gu arnui village, on the south side of Goaribari, which Mr. MacDonald harl vi sited on the last occasion, and which it was necessary to reach ,whi le the tide was high. It is situated at the entrance to a creek

    whi ch very probably may connect with the Aumo Channel on the north side. The people were making off up it in t heir canoes in great numbers; but we finally got them to co me t o us. At one mom ent it looked as if, in their frigh t . they were goin g to lose their heads, 11nd I saw one oldish man fit his arrow to his bow, bebin rl a clump of high grass; but T cal led out to them to put

    th eir bows away; which they at on ce did. \\'e made this rule everywh ere; no one was p ermi tted to approach with weapons; not that there was any real risk of their using t hem. but I thon2ht it well to make t hem und r. rstand that we d id not allow it; and in every case they vbeyed directly. They never stit· a yard without their arms.

    21. On our way back from Guaruhi many canoes from Aidio and K cruwa escorted us in the most friendly way to t he Engjand" where they remained for ll long time, until, o1ring t o a misunderstanding, they left us and did not return. This happened in the following way :--On arrival on board I was informed that Tutu was alongside some heads ; and, ex pecting them to be th ose for whi ch I had asked, had them brought to me. They were old ones, and those of nati1·es. Our native se rgeant pronounced one of them to be t hat of a woman. Tutu ask ed for tomahawks for them. This :tnnoved me, and I ordered him to take them

    back at once and tell the Dopima people that if I did not get the skulls I had r equired I would punish them when I came again, as I held them and Tnrotere now al one responsible, and that if I wa s disobeyed next time I should burn t heir dubus again. As he di(l not incli ned to go, I ordered him to be seen into his canoe,

    and told one of the men to shove it aw:ty from the side of the

    shi p, whi ch was done, more roughly than I intended, by a nati,·e corporal- they look down with the greatest co ntempt on t hese people-and Tutu and his companion, instead of going to Dopima, went off in t he direction of the Ai mah e Creek, saying something t o the others in the canoes around th e ship thn,t hat! t he effect of mal

    22. I had decided t o leaYe the next day, as we had spent fi ''e days here, and had fi nished 1·i siting all the rillages which had been punished before, and had clone what I wanted to do on this occ asion ; hut, in order to leave no doubt at Turotere, I went there again. All the people began to clear away up the creek whi ch r uns out of the main channel alongside the village , !1 principle l

    noticed t h:t:oughout, n.wki.n):f it to surprise Qr sunouncl

    101

    167

    Appendix.

    them. 'V e lay off the bank ; and so me of the men, on being told that we were not going to fight, ca,me and spoke to us. l told

    them what I had said to Tutu. A man said that 1\Ir. Tomkins' head was in a part of the village lower clown towards Dopima. ' Ve told him to go along the bank while we rowed down there. After some time" skull was placed on the hank, and we told the man in question to bring it off to us, which, after being reassured that we were not going to harm him, he diLl. It was evidently not a white man's skull, nor a, recent one; and I declined to accept it as the one we \\"anted; and repeated my warning. He then said that a Dopima man had it, a nd he wonlu go hy night and get

    it and bring it off, and asked that instructions might be given that he should not be fired at. All this was carried Oil in a confi dential whisper with one of onr western corporals, who acted as interpreter.

    The Tnrotere man was a large powerful man with an evil

    " insidious " countenance. It is hardly nec<>ssary to say that neither he nor the head appeared that night, and, thongh we gave the necessary instructions, I ne,·er expected that he would come. So far, then, as Dopima and Turotere are concerned, t hey have an

    unpurged offence still to account for. I had put Kemeri's large box into my boat with some articles I intended to gi,·e him, but considerably less than he would have got had he belutYed properly and made himself useful ; and, rts I knew we should see no one at

    Dopima, I showed this man the box, and said I wrts going to leave it for Kemcri at Dopima. We then went clown to that village, which was absolutely deserted, and left the box in the porch of one of the houses , calling out that it was for Kemcri, and then r eturned to the ship. After time had elapsed we saw a

    canoe come down Dopima Creek, a man run a shore, take the box and carry it to the canoe, which swiftly disappeared agai n. 23. This terminated our work here ; and we left the next

    mornin g (Gth March) for Darn. I ha,·c, &c.,

    (Sci.) G. P.UTHVEN Ll£ HUNTE.

    1-L s Excellency the novernor of Queensland, Brisbane.

    Exhibit No . 5.

    A Despatch to His Excellency the Governor-General, dated 23rd March, 190 4, signed by the Acting­

    Administrator, His Honor Judge Robinson, and containing an account of his visit to Goaribari Island on the 5th March and subsequent days, and of the affray which then took place.

    MY L ORD,

    Government House, British New Guinen., 23rd March, 1904.

    18. On the 5th Captain Harvey navigated the

    "Merrie England" to Goaribari t hrough the shoal waters which beset the passage, and anchored her in Anmo Channel at noon. This is the scene of the massacre of the Revs. Me ssrs. Chalmers and Tomkins and twelve native teachers and scholars on 5th April,

    1901. In the May following, the Lieutenant-Governor, Sir George Le Hunte, led a punitive expedition against the natives concerned in t he murders and cannibalism, in which h e was assisted hy a d etachment of soldiers sent by the Queensland Government from

    the garrison at Thursday I sland. In the tigh t ing which ensued, the Lieutenant-GoYernor asccr­ tu,ined on his subsequent Yi sit, that about ten of the ntLtives were killed. One prisoner named Kemeri was also taken to Port

    Moresby, and returned by the Lientcnant-Govemor in March, 190:!, a year later, when he revisited the phce. ln his despatch. No. 41, of 29th March, 1902, Sir George Lc Hunte writes : "As I wa nted to get into communication with the natives, I had to t ell them next morning when I landed tha. t I would not do anything to them now. This involved gidng up the plan of making pri­

    soners ; but I t old them that I should not make friends with

    them, and that I should require to take four of the principals, whom I named, connected with the massacre of the London J\1 is­ sionary Society party, and the deli very to me of the heads of their victims. . . . . . As soon as I told them this they got very

    uneasy, and began to disappear into the bush until only a few were left." Before his departure, after a good deal of trouble, th e Lieutenant­ Governor succeeded in obtaining l\1 r. Chalmers' skull, which was subsequently given Christian burial at Darn ; but although promises

    were made to deliver up Mr. Tomkins' skull, they were not k ept. "So far then, " Sir George Lc Hunte concludes, "as Dopima and Tnrotcre (villages) arc concerned, they ha\'C an unpurged offence still to account for."

    Accordinrr to a descriptive statement made by Kcmeri after hi s capture, first suggestion for the massacre came from Dopima village, and word was sent to Turotere, Baia, Aidio, Eheubi, Goari-ubi, Aimaha, Guoaribari, Ubuoho and Dubnmuba, the men of

    which assisted in it; and when the Mission party landed at Dopima upon the invitation of the natives , the signal was gi,·e n

    0

    Exhibit No. 5.

    by lake knocking Mr. Chalmers on the head from behind, where.­ upon the others of the party were dispatched, :.ml all the bodies subsequently devoured. Owing to the L:cutcnant Governor's a:1sence from the Possession; the north-west scawn, during which this place may be safely visited, passed, and he was not able to carry out his intention of returning to make prisoners ; two years had therefore elapsed since his last visit. My duty, therefore, was to endeavour t o com ­

    plete hi s work, and t o carry out the exactions of which he notified the natives, by taking prisoners, and reco vering, if possible, the heads of the vi ctims, especially that of Mr. Tomkins. These skulls are greatly prized uy the nati ves as trophies; and the moral

    effect of rt!lowing them to retain poss ession of that particular one is correspondingly bad. When the "Merrie England" anchored midway between Dopima and Turotere, a flotilla of canoes was crossing and r ecrossing from Turotere to the mainland,

    apparently bringin g the women and children to a place of safety there, the alarm being sounded by the blowing of htrge conch shells. The canoes then waited in the stream. It was clear to me that, ifi made formal demu,nd for the sk nils, ancl for the deli very

    of the prisoners at once, the natives would simply r etire to the sago swamps, where it was impossible to follow them with any b.ope of success, and there they would remain until my departure. I therefore decided to wait quietly at anchor to-clay, in the hope

    that my inaction might induce the natives to approach the ship, and give me an opportnn•ty of identifying those I particularly wanted to capture. This plan proved successful; and gra,dually, during the afternoon, nati,·es began to come alongside in their canoes from various directions. Mr. Jiear and I, without alarming

    them, asked their names in eli viclun.lly; and we learnt that lake, who killed Mr. Chalmers, and Ema, who cut off Mr. Tomkins' head , were amongst those who surrounded the ship in canoes. Two or three nati,·es gn.ined sutficient courage to come on board and survey themselYes in the mirror at the top of the companion; and one oi these was very much stn. rtled at first ttt the reflection he saw i n it. Ema, however, seemecl very uneasy ; he would not

    venture alongside and be ckoned the others to cnmc away ; which before long they did, returning to the shore. \V e were told that Uki, of Do pima, had Mr. Tomkin's skull; and Mr. Jiear and I both told some natives that I wanted it; and that they must bring it aboard. This, they promised to do in the morning, but neglected.

    In the hope that lake might repeat his visit, I gave him a knife in return for a bow and some arrows. Next morning the ship was surrounded by canoes, the object of the natives being t o obt ain "ebue" (tomahawks). Ema was not amongst t hem; but lake came alongside the launch, which was moored to the ship. He was very suspicious, however; and it was not until he saw one of the police

    showing some new tomahawks to other natives who had b oarded the ship, that at last he, too, joined them Seeing no· chance of securing Ema and the others whom I particularly wanted, I thought it wisest to make sure of lake, who is chief of Turotere village, and a man of consequence, and to capture seven or eight of the natives

    on board at random as hostages. Jake was accordingly promptly seized, and simnltaneotisly eight others, by the police. ·

    'l' he scene on the ship for a few minutes was one of some com­ motion. Arrows were discharged from the canoes; and they were replied to by rifl e fire from th e ship. Several arrows came aboard, and one unpleasantly ncar the lamp-trimmer, who was standing near the signal halyards on the bridge, and who then took cover in the chart-room. No one on the ship was in jured; but the loss

    sustained by t he n,tti ,·es, as I learnt on the following clay through the native prisoners, wtts eight men. Accompanied by Messrs. Jiear, Bruce, and J' c"·ell, I the yiJlages of Dopima, Turotere, Aiclio, Kerutt, and JJaia. Kati,·cs armed with bows and arrows were seen nt these villages; out they retired to cover on our. lnnding, to reappear as we left. Pigs were obtained to supplemeqt

    the police rations, ample payment being lef t .fastened to the tails to indicate the re ason . The following du.y was spent iu visiting the villages of Upu Dubnmnb:;, Gewaribari, and Aimaha, with a like result. At Uewaribari, which is inhabited by a community of sorcerers, one of them ha d arranged his charms or idols on the bank, and motioned us away with mats, capering about in a grotesque manner. H e disappeared when \Ye landed, but reappeared, when we had left,

    to resume hi s antics. Ca ptain Harvey reported that, during my absence from the ship, nine men and · lake's three wives came alongside in a canoe to speak with him and the other prisoners. Capta in Han·ey i olcl them to come back again later in the after­

    noon, when I would ha,·e returned , as I wanted to speak to them. They promised to do so, but did not. Two of the captives were elderly men; and I decided to liberate them. After telling them collectively what I required, I informed them that I was about to·

    liberate one of these old men at Dopima, in order that he might obtain the skull for me, which he undertook to do; and I directed him to say that I "·onld set the six other priso ners fr ee (but not lake) in ex chang, for lima and two others, whose names I mentioned, and that none of the priso ners would he killed or harmed. H e was

    landed at Dopima; and was to return with the skull in the morning. As I expec ted, he did not keep hi s promise; and after breakfast I took the other cldcl'ly prisoner, who belonged to Turotere, to that vi llage. On our way there, through Constable Uria, by questioning him, I confirmed the report I already had of tbe

    ghoulish habits of these natives; and he freely admitted tht>

    Appendix.

    general practice among them of devouring, not only their enemies slain in fight, but also the bodies of their relations and friends who die from natural causes. He explained that an old man like h im­ self would not be eaten in such a case, for the r eason; he added, that his fle sh would be too dry. It is a custom among them, he said, for mothers to devour their young children when they die.

    For such inhuman creatures one cannot but have a fee ling of intense loathing ; and it would seem hopeless to expect much good from people so abandoned. I made him call a summons to his friends in the village ; and three or four young men answered it. To these I spoke, by the aid of A.N.C. Uria, telling them that I was about t o set the prisoner free, so that he might speak to the others, saying that I had fou ght wi th them yesterday in retaliation for their arrows, and that, a lthough I had intended to fight no more to-day, I wou ld not make peace until the skull was delivered to me. I r epeated my offer t o exchange the other prisoners , save l ake, for those three others who were demanded by t he Lieutenant­ Governor, who otherwise would be taken away. They said Ema, had M r. Tomkins' skull, having t aken it across the river and hidden it in the bush opposite. I bade them deliver my message, and go and get it, and warn them that if they failed to do so I would return again and fight them. Ostensibly to do my bidding they paddled across the river to a small creek, where the major portion of the people were. I also reminded them that, for the sake of the women and children, I had burnt none of their houses ; but, if they r etained the skull, similar forbearance might not be shown n ext time. I returned to the ship, and waited, and at length two canoes came off; and the natives in them spoke to the prisoners. I t old the latter to say that I was waiting for the skull ; and those in the cano es replied that the Turotere people had said that they would not give it up. T wo skulls were tendered instead, which they placed in a canoe to drift alongside. These skulls, the

    prisoners said, were those of bushmen killed in the fight, and I made it clear t hat I would not accept them as a n equivalent. No good purpose seemed to me to be served by waiting longer ; and the "Merrie England" steamed away to Orokolo. This com· pleted a very thorough inspection of the vVe stern Division. The names of the Goaribari prisoners arc :- lake of T urotcre, Kauku of Aidio, Neon, Meremu, Eikeio, and Irawi of Aimaha, and Amagoa Of Ideiai. Amagoa and Irawi have been sent to Darn t o learn the Kiwai language ; the others are now n,t Port Moresby. My idea is that they mn,y be returned at intervals, two at a time, when they have remained long enough to learn a little of the ways of the Government and of local languages.

    I have the honor to be, My Lord,

    Your Excellency's most obedient and humble serv(Lnt,

    (Sgd.) CHRIS. ROBINSON, Acting-Administrator.

    His Excellency t11e Governor-General of Australi a, Melbourne.

    !Exhibit No. 6.

    A copy of a report dated 18th June, 1904, signed by Judge Robinson, respecting the Goaribari I sland affray.

    For copy of this exhibit see opening address of Mr. Innes (the middle of paragraph N o. 47 of the evidence) .

    Exhibit No. 7.

    A copy of a further report, dated 19th June, 1904, signed by Judge Robinson, on the same subject.

    For copy of this exhibit see opening address of Mr. Innes, paragraph No. 48 of the evidence.

    102

    Exhibits Nos. 6, 7, and 8.

    Exhibit No. 8.

    The fil e of official papers of the Department of External Affairs, showing the request of the Queensland Trustees, Limited, to be allowed to provide for the representation at the Commission of the representatives of the late Judge Robinso n.

    COMMONWEALTH OF AUSTRALIA. DEPARTMENT OF EXTERNAL AFFAIRS.

    MrK UTE PAPERS.

    Subject :- B.N.G. Go aribari Island R oyal Commission.

    (Telegram.)

    From Brisbane, Q., to Prin. Under Secr etary. Federn,l Government, Melbourne.

    As executors Judge Robinson, deceased, late New Guinea, con­ sidering advisableness being represented, p ending inquiry. Kindly wir.e when and where same will be held. (Sgcl.) QUEENSLAND TRUSTEES, LTD.

    (Official minute.)

    late Judge be held at

    Reply.-There will be no objection to executors Robinson being represented at inquiry, which w ill Commonwealth Offices, Sydney, on 26th instant. (Sgd.) By direction of Minister.

    A.H . . 13-7-'04.

    ( Lette1·.) Brisbane, 12t h July, 1904.

    The Principal Under Secretary, Federal Government, Melbourne. Sir, Re estate late C. S. Robinson.

    "V:e have the honor t o co nfirm the t elegram we sent yo.u this afternoon reading:-"As executors Judgl3 Robinson, deceased. lat e New Guinea, -considering advisableness being represented, pending inq uiry.

    Kindly wire when and where same will be held ." 'Ye trust you will furnish us with the d esired information.

    " ' e have the honor t o be, Sir, Your obedient servants, For QUEENS;LAND TRUSTEES, LIMITED,

    (Sgd. ) P. A. BLUNDELL,

    Manager.

    ( Telegmm.)

    14t h July, 1904.

    Queensland Trustees, Limited, Brisbane.· Minister has no objection executors late Judge Robinson being r epresented at Commission, which will commence at Sydney on 26th instant.

    (Sgd.) ATLEE HUNT, Secre tary External Affairs.

    ( Teleg;·am.)

    To Quecnsl:md Trustees, L imited, Brisbane. Is it settled whether executors late Judge Robinson be repre­ sented Royal Commission si1:tings begin Sydney to-morrow ? (S<>"d .) ATLEE HUNT,

    25th July, 1904. Dept. External Affairs.

    ( Telegmm. )

    From Bourke-street Stati<>B, Melbourne, to Hunt, Commonwealth Offices, Sydney. Followin" from Queensl a.nd Trustees :-(begins) H ave not suc­ ceeded obt.:ining consent sole beneficiary under Judge Robinson's will to his being represent ed (ends). •

    (Signed) LEWIS.

    103

    Io9

    Appendix.

    (Letter.)

    Department of External affairs, Sir, Melbourne, 25th July, 1904.

    I have the honor to acknowledge the receipt of your telegram of the 25th instant intimatin g that you have not succeeded in obtaining the consent of the sole beneficiary under Judge Robinson's will to his being r epresented before the Royal Commission.

    I have t he honor to be, Sir Your serv::tnt,

    (Sd.) ATLEE HUNT,

    The Manager, Queensland Trustees, Limited, Secretary. Brisbane.

    (Letter.) Brisbane, 26th

    The Secret::try, Department External Affairs, July, 1904.

    Sir,

    Sydney.

    R e estate C. S. Robinson, deceased. W'e acknowledge receipt of your telegram of the 25th instant, reading:-"Is it settled whether executors late J ucl ge Robinson

    be represented Royal Commission? Sitting begins Sydney to· morro'v. '' 'W e now confirm our reply of yesterday's date, worded :-. "Have not succeeded obtaining consent sole beneficiary

    under Judge Robinson's will t o his being represen ted." 'Ve communic::tted with Archdeacon Robinson on receipt of your telegram of the 14th instant, but not having heard from him in reply we do not care t o take the responsibility of instructing

    counsel.

    ·We have the honor to be, Sir, Your obedient servants, (For Queensland Trustees Limited),

    (Sgd. ) P. A. BLUNDELL, Manage1·.

    (Telegram.)

    To Lewis, Department External Affairs, Melbourne. Please se nd to-clay t elegram from Queensland Trustees for use Commission. (Sgcl .) HUNT,

    26th July, 1904.

    (T elegram. )

    From Brisbane to Secretary, Department External Affairs, Melbourne. Have not succeeded obtaining consent sole beneficiary under Judge Robinson's will to his being represented.

    (Sgcl.) QUE ENSLAND TRUSTEES.

    Exhibit No. 9.

    A despatch to His Excell ency the Governor-General, from Captain Barton, Acting Administrator of British New Guinea, dated 20th June, 1904, reporting the death of Judge Robinson, and forwarding a copy of the proceed­

    ings at the inquest thereon.

    Government House, British New Guinea, My Lord. 20th June, 1904.

    It is with feelings of deep regret that I have to inform you that Mr. Christopher Robinson, Chief Justice of this Possession, committed suicide in the grounds of Government House by shooting himself through the head with a revolver at an early hour this morning.

    2. All necessary arrangements had been made for the departure of Mr. Robinson, t ogether with Messrs. Bruce and Jewell, in the s.s. "Guthrie," due to sail this day at 5 p.m. This arrangement has not been altered with regard t o Messrs. Bruce and Jewell. These two officers will proceed to Thursday Island, and t here await

    instructions as to their further movement s from the Secretary for External Affairs. 3. Mr. Robinson informed me on 18th instant that he would not require any natives to give evidence before the Commission. No natives therefore will b e sent.

    4. I enclose a copy of my letter of instructions to Mr. Robinson, which was written t o him on the day of my arrival here. The only acknowledgment in writing for this letter is in the form of two statements which were enclosed il'\ an envelnpe addressed to me along with my letter of instructions above referred to. Copies of

    these two statements I fol' your in­

    fo rmation.

    Exhibit No.9.

    5. An inquest will be held on Mr. Robinson's body this morning, and if there should be time enough I will enclose a copy of the evidence taken thereat in this despatch. I have the honor to be,

    My Lord,

    Your Excellency's most obedient humble servant, (Sgd.) F. B. BARTON,

    His Excellency Lord Northcote, Acting Administrator.

    G.C.M.G., G.C.I.E., C.B., &c., &c.

    Exhibit No. 9 (co ntimted.)

    Inquest of death held at Government House, Port Moresby, on the twentieth day of June, 1904, at 10 a.m.

    The body of Christopher St::tnsfeld Robinson, late Chief Judicial Officer of British New Guinea, is insp ect ed by David Ballantine, Assistant Resident Magistrate; Allan J ames Craigen, Government Medical Officer ; and-John MacDonald, Head Gaoler.

    FRANCIS RICKMA N BARTON, being duly sworn, states:-I was awakened this morning soon after seven o'clock by the continual barking of my clog. I got up and went on to the verandah t o see what he was barking at. Mr. Manning came out of his bedroom at the same time. The clog was barking at something near the fl agstaff, and appeared to te half frightened. Mr. Manning called my attention to a white object just showing in the grass beyond the flagstaff. I thought it was an old bit of sacking. From the dog's attitude I thought he was harking at a snake, and Mr. Manning and I took sticks to go and kill it. We walked over until I saw that the white object was the body of a man; and, getting nearer, I reco gnised it as that of Mr. Hobinson. He was still breathing heavily, but, as his brains were protruding, I did not think it necessary to remove him into the house. He was lying on

    hi s back with a revolver resting on the left-h and side at the waist of his body. The right hand was extended on his chest. I

    immediately instructed Mr. Manning to write to the Commandant· of Police asking him to come up, and to send for the Chief Medical Officer. I waited alongside the body until Mr. Bruce arrived. He was still breathing at that time. I last saw Mr. Robinson abont eleven o'clock last night. There was nothing in his manner

    to lead me to suppose that he intended t aking his life, although it was clear that his mind was much agitated. Sworn and signed before me this } (Scl.) F. R. BARTON. 20th clay of June, 1904,-

    (Sd.) D. BALLA NTIKE, A.R.M.

    GuY OwEN MANeiiNG, being duly sworn, states:-I was awakened this morning by a noise, and heard a dog

    barking. I got up, and tr1ed to quieten the dog. He was in the grass in front of the house. I saw something white just beyond the flagstaff; and thought it was an old tent. Captain Barton came out on the verandah. We wondered what the dog was

    barking at ; and we thought it might be a snak e. I went for

    sticks ; and Captain Barton went down the steps. I followed, giYing him a stick, and, walking on to the flagstaff, we found that the white object was the body of Judge Robinson. He was still breathing, but quite unconscious. He was lying on his back, with

    his revolver between his left arm and his body. His brains were protruding from a bullet hole on the top of his forehead. I

    identify the revolver now produced as the revolYer found on the body of the deceased. It was his property. There were fi,·e loaded cartridges in it, and one exploded cartridge. I saw the deceased between twelve and one o'clock last ni ght. I saw nothing unusual in hi s manner. I woke once in the ni ght, and saw a light burning in the deceased's bedroom. I found in the Judge's office this morning two letters, one addressed to Captain Barton n-nd the other to Archdeacon Robinson, and also a sheet of paper now produced marked Exhibit B, with the following words written in pencil on it :

    "vVill "Tully & McCowen,

    "Solie., Brisbane, Q'land Trustees, executors." Sworn and signed before me this I (Sd.) G. 0. MANNING. 20th day of June, 1904,- I

    (Scl. ) D. BALLA NTieiE, A.R.M.

    FRANCIS RICKliJAN B ARTOei further states:-I identify the re,·olver now prociu ccd as the property of t he late Judge Robinson; and it is the revolver which was found on his body this morning. Sworn and signed before me this I (Sd.) F. R. BARTON.

    20th clay of June, HJ04,- I

    (Sd.) D. BALLAKT!NE, A.R.M.

    104

    Appendix.

    ALLA N JAMES CRAIGEN, being duly s worn, states:-I am Government Medical Officer. I rccei1·cd a message early morning from Mr. Bruce to t he effec t t hat t he Judge had s hot

    h1mself. I reached Government House at about 8 o'clock ; and found the Judge already expired. I examined the body ; o,n d found a wound on his forehead. The wound was situated about an inch above the glabella. A round the wou nd was pi"meut ation likely to have been canse d by burning powder. It such as

    one would exp ec t from a bullet wound. T his wound was probably the entrance wound of the bullet. Behind, abo ut t wo inches above the occipital prot uberance, and o,bout h alf an inch to the right of the median antropost erial line, was another wound which was larger than the other, and was probably the exit wound of the bullet. The frontal, parietal, and occ ipital, bones were all fractured. Brain substance had exuded from both wounds. There was considerable hremorrhage from the right ear , pointing t o a fr:>cture at t he base of the sk•Jll. The body was still warm when I first saw it ; and some of t he blood had n ot clotted. Death

    must have taken place shortly befo re my arrival. Sworn and signed before me this I (Sgd. ) A . J. CRAIG EN. 20th day of June, 1904, - I

    {Sd) D. BALLA NTIH, A .R.M.

    CUN NINGH.UI BRUCE, duly sworn, states :-

    I heard a shot fired somewhere about seven o'clock this morning . I was on t he verandah of my house. About 7'15 I received a

    message from Mr. Manning t hat the Judge had shot himself. I sent for the Chief Medical Offi cer, and went up to Government House. The Judge was still alive then ; he was lying on hi s back with a gaping wound on the top of his forehead. Hio right hand was on his breast. The revolver was lying between his left arm and his body. I removed the revolver. I ident ify the revo!l•er now produced as the one found on his body. l opened the weapon and found that one cartridge had been fired, the other fi ve

    chambers being loaded. I remained with him until he expired at 7.40. He did not. become conscious. On one oc casion at Govern· House, I think it was on the 12th instant, the Judge said,

    m the course of a conversation about t he Goaribari matt.er, so me· thing to the effect that the best thing he could do was to blow his brains out; but he afterwards stat ed that he had no intention of doing so. I had no idea that the Judge would take his own life. I saw him about four o'clock yesterday afternoon.

    (Sd.) WILLIAJ:\1 C. BRUCE.

    S\vorn and signed before me at Port Moresby, I the 20th day of J nne, 1904. I

    (Sd.) D. A .R.M.

    FnmiNG OF TH E CouRT.

    That Christopher Stansfeld Robinson on the twentieth day of June 1904 committed suicide while t emporarily insane. (Sd.) D. BALLANTINE, A.R.M.

    Exhibit No. 9-continued. EXHilliT B. (Sd.) D. BALLANTINE, A.R.M. "Will. " Tully and McCowen, Solie., Brisbane.

    "Q'land Trustees Executors."

    Exhibited at Coroner's inquest held on t he boclv of Christopher Stansfeld Robinson at Government House, P o;t Moresby, t he twentieth day of June, 1904. (Signed) D. BALLANTINE, A.R.M.

    CERTI FICATE .

    I hereby certify that on the 20th day of June, 1904, I held an inquest of death at Government H ouse, P ort Moresby , and that the following particulars were then disclosed :-1. Name of deceased. .. Christopher Stansfeld Robinson. 2. Profession or calling Chi ef Judicial Office r of British

    Now Guinea.

    3. 'Vhere found unci when Near t he flagstaff in front of Go-

    4. Date of death 5. Cause of death

    vernment House, P ort 1VIoresby, a.bont seven o'clock in the

    morning . 20th June, 1904. R evolver btlllet wound, self·

    inflicted.

    6. Persons last aeen in com· Francis Rickman Barton, Acting pany of deceased. Administrator of British N ew

    Guinea ; and Guy Owen Man. ning, Private Secr etary.

    7. Suspicious circumstances.. . There are no circumstances t o implicate any person other t han the decease d himself. (Sgd.) D. BALLANTINE, A.R.M.

    Exhibits Nos . 10 and 11.

    Exhibit No. 10.

    A COPY of a letter dat ed 16th June, 1904-, addressed by Captain Bar to n to J udge Robinson, informing him of the appointment of <1 Royal Commission t o inquire into the Gon,i'ibari I sbnd 11ffray, n,nd instructing him to attend t he Commission.

    . Go1· ernmen t H ouse, B. N .G. ,

    S1r, 16th J nne, 190+.

    . I h a,1·e the h onor t o in for m you that I have been instructed by H1s Excellency the Governor·G-e neral of t he Comm onwealth to reques t that yon will apply for immediate lea ve of absenc e with a view to yo ur a ttending a Hoy a! Commiss ion which is to be held at an early date in Sydney t o inqui re int o t he recent collision between the Government party :.wd the nati ves at Goarib:t.ri I sla nd .

    2 . . I am furthermore di t·ectcd to inform you t hat, as it is

    that the res ult of t he i nquiry mo,y refl ect u ron your

    adnnmstratton, yon may-should y ou so d esi re-he represented before the Co mmission by co unse l. 3. In case y ou should wish t o call any persons as wi t nesses who were presen t a t Goariba.ri on 6th March last, a.r rangements will be made for bnngmg them before the Commission.

    4 . It is not expected t ha t t here will be any ne"essity to brin" before the. Co mm ission _an y native witnesses, b ut if you dee m ev1d ence nestrable, t be1r statemen ts, where poss ible, will be taken locally before a Magistrat e, such st at ements bei ng put in as evtclence before the Com1m sswn, and, if y ou so des ire, you ca n be present, and ask questions of the witnesses when these statements are bein g made. In the event, however,' of your in sisting t hat a ny such nat! ve Witnesses should g il' e their evidence before the Commission in person, they will be sent t o Sydney with that · in charge of a r esponsible perso n. '

    5. '!'he s.s. ' 'Guthrie" being due to leave h ere for Thursday I sland on or about the 21st in stant, I hav e to reques t tha t you w·ill be in rea.cliness to leave in her, and from Thursd ay Isln,nd take passage in the fi t·st steamer proceed ing to Syrln ey.

    6. Upon _your a rrival a t Thursday I sland, and having ascertained the approx un ate elate of your being in Sydney, please be so good as to aequn1nt the Secretary_ for E xternal Affa irs by t elegrap h of the probab le date of your arnval a t the latter place.

    I have the honor t o be, Sir, Your obedi ent Servan t , (S d.) F . R BARTON,

    His Honor Christopher Hobinson, C.J. A cting· Administrator.

    P. S. -In accord ance wit h instructions rece ive d by me I enclcse two statemen ts mn,rk ecl "A " and " B " for your informat ion. (Sd.) F.R .B. 16 - 6- 01.

    Exhibit No. 11.

    CoPIES of three telegrams (l) from Department of E x ternal Affairs to R ev. C. Abel, Sa marai, N.G., dated 5th July, 1904, instructing him to at t end Commission as witness ; (2) from Department of E x ternal Affairs to Postmaster, Cooktown, asking whether Rev. Abel has yet had an opportunity to r epl y ; (3) Telegram from P os tmn,ster, Cook town , in reply.

    ( 'l'elegmrn.)

    5th July, 1904.

    Reverend C. Abel, Samarai, N ew Guinea . _In despat ch written short.ly b efore his death late Judge Robmso n comm ented on y our memorandum to Minister of May last . . Minis ter con siders it advi sable that you should attend aM· w1tn ess before J:lo yal Commission to sit iu Syd ney in about three weeks. If unable be present then kindly intimate by t elegraph earlrest el ate when you can attend and adjournment will be ask ed for to enabl e y our evidence to be taken. Go1·ernment will pay reasonable t ra velling expenses. ·

    ( 'J'clegrarn. )

    T elegram sent by Mr. Atlee Hunt to the P ostmaster, Cooktown. Can you t ell me if there h as been any opportunity for Rev. Abel reply my telegram of 5th instant. R eply Syrlney. (Sd.) ATLEE HUNT,

    Sec retary E xternal Affu,irs.

    ( 'l'elegram.)

    2ith July, 1904.

    From Cooktown to Secretary External Affairs, Sydney. No opportunity Rev. Abel reply yours 5th instant . (Sd.) POSTMASTER.

    105

    171

    INDEX.

    Subject. 'Yi tncss.

    I

    ; Question Numbers l1 in the El'idence. ! [

    Abel, Rev. C.-eviLlencc 1·c his con- ) nection with the inquiry ............ l

    Adamson mts excited ................... .

    Hunt 20i4-2115

    Ex. 11

    Robinson ... Ex. 7

    Adamson .. . 1863 ( Robinson ... 5 and 6

    I

    Jicar ...... ... 120-135, 280-9,

    306, !H3, 318,

    Arrest of natives on board 305- 314,

    Enghwd " instead of OIL shore ... \ 2030- 8, 2044 I

    Harvey .... .. 706 -8, 728

    Rothwell ... 705 l Bruce l !JS2-9

    Arrest of na ti ,·es-armed resistance ( J iear ...... ·.. 293-5, 335-9, 1 1 20!0

    .. .. ( ...... {;g3

    7

    ( Jieat· ......... 219

    I

    Har,•o y ..... . 682

    I

    Rothwell .. . 763 Bruce ..... 398-418, 1990

    Jewell 535

    I McDermid 837-40 Tyser ..... . 957

    Arrest of natives by police (6/3104) Johnson ... 1060- 6 · I Muir..... .. 1133, 1137-51

    .. :::::-

    I Adamson .. 1836 I

    Burrows ... 1919 l Robin so n ... Exs. 5 and 6

    Arrest of natives-orders as to { ...... 1520

    (6 /3/04) ......... ....... ..... ... .... ...

    Arrests on board caused attack Bruce ...... 454

    Arrival at Goaribari on 5/3/04-time of. (See under "Time.")

    .

    Arrows n

    action) ; and clone up in ; I

    bundles (for trade) ........ l.G/3 04 (.

    Jiear ......... 91

    Inman 1408

    Hine ......... 1638

    Jiear ........

    Bruce

    124-8 391

    used b!

    twn of-ran0 e, &c. . . .. . .. . .. .. .. ..

    Arrows-are they poi so ned ? ......... .. .

    .Jiear ....... .

    Rothwell .. . McDermid Hine ..

    Hinc .. ...... .

    85- 90 785-9 853-7 1623, 17 86

    178()

    Arrows fire

    affray (6/3/04) ... ... .... . ....... .... ... Jicar ........ 187-191

    Attack was logical sequence of arrests being made on board .. ........ .. .. ... .. Bruce ...... 454

    Barton, Cn.pt. -appointment as Act- { ing Administrator known on " Merrie England" on 4/3/04 ... Jiear ......... 315, 2047

    Hunt ........ 2154

    Jiear .. ..... .

    p.t. u .. r. -.

    Harvey .... . .

    Inman .... ..

    Bows and arrows-description of. (See under " A.rrows. ")

    293-5, 2040 726-7 1523

    Bruce, W. C.-was cool-went through Bruce .. ... 446- 7 Boer war Bruce, vV. C. -Commandant of A.N. C. took rifle from constable and fired

    at natives (6/3/04) ................... ..

    Burrowo;-was excited ........ ........... ..

    capacity .............. .

    of .... ................ .

    (See "Shooting of

    Na,t[ves. "J

    (

    '' Cease fire" ordered (6/3/0!) I .......

    I l

    Bruce Burrows .. .

    Jiear ........ .

    Adamso n .. .

    435 1948 HJ6- 201 1864-8

    Bruce ...... ... 442-3

    Jewell ...... 572

    Harvey ...... 688

    McDermid.. 868 Watson .... .. 919

    Muir ......... 1190-3

    James ...... 1327

    335--9,

    Subject.

    Chalmers (Rev.) and party massacred at Goaribari I sland on 8/4/01. Chief Judicial Officer of British New Guinen.-

    Appointrnent of ..................... ..

    Capital c:tscs, duties in ............. .

    Duties of ................................ .

    Jurisdiction of .........................

    Constitution of British :X ew Guinc1t -)

    Consultations between Judge Robinson and Mr. Jiear. (S ee under "Jetter R. " ) Crocodiles at Goaribari. (See under

    "Shooting of Natives." ) Darn Corporal fired with rifle at ( nati,:e who shot arrow n.t Captain i Haney (6/3/04). . .................. l

    (

    I

    Departure from Goaribari (8 /3/04) ... .I

    Witness. !Question Numbers j in the E,·idcnce.

    5, 34- 44, Ex

    No.3

    Hunt......... 2138, 2150

    Hunt ......... 2138

    Hunt ......... 2141

    Jiear ......... 2055- 61, 22 14

    Hunt ...... .. . 2116, 21 51,

    2160

    1ear ... .. .... 1- J • I n8" 9

    Jiear ....... ..

    Bruce ........ .

    Adamson .. . Robinson .. . Jiear ........ .

    Griffin .... ..

    Tyser .. ..... ..

    James .... ..

    181 - 4, 186-7 464-7 1839 Ex. 6 256

    1031 977 1357

    l Adamson ... 1891

    "Shooting of Nati ves.") Divin g abilities of natiYes. (See under\

    .. .. .. ......... ... Par. 22 of Ex.4

    Dubu-description of........ .. .... .. ........ .. . ...... ... Par. 14 of Ex.3

    Ema, one of the murderers, seen in

    I

    canoe (5 /3/04) ...... ............ ............ Jiear...... .. . 102-4, 114

    (See " Shooting of Na-

    1 Hunt .... .. .. .

    bar i matter not submitted to ...... Jiear ........ .

    Executive Council of B.N.G .- Mn.t -{ Hunt ........ . ters submitted to..................... Jiear ........ .

    .. { .. ·.:·.

    Executi1·e Council of B.K.G.-Quorum

    2125, 2130 21n, 2189 2125, 2130 2172, 2182 214a 2175

    I

    .. Hunt ....... .

    2132

    England ") ....... ......................... .

    I

    G .b . I 1 J 1 t' f { ,1 iear . . .. .. .. 24 () oan rtn s an - popu a 1011 o .. .... Harvey .. .. . 709 Han·ey, Capt. R. H.-assisted to ( Jewell ..... 580

    capture a nn.t.i,·e-arrow whizzed 1 H 682, 604, 699

    past his head-rifle shot rang , .. " lOlO

    I S I l ' D (, ntfin .. .. .. 1068 (6 3/04 ). ( ee a so un

    Hostages-plan of capturing (see under "Nati,·es" ) ......... .. ........... .... ... .

    lake, one of the murderers, seen in canoe (5/3/04) .................. ............ Jicar ... .. .... 102-4, 114

    lake-persuaded to come aboard ves - sel-theu seized-struggleensued, in which Jiear assisted (6/3 /04) .. .

    J ewell, A.-was excited ............... {

    Jewell, A. - said the shooting oi{

    nati,-e, was " devilish treachery" (6/3/04) ................ . ............. ..

    (

    Jewell, .A .-allege(! refu sal t0 go Judge Robinson's boat (6 /3/0-1) ... I l

    Jiear, A. H.-consultations with ,J nd ge Robinson (see under letter '' R" )-and protests against proposal to arrest natives on board .............. .

    Jiear ...... .. .

    Jewell .... ..

    Harvey .... .

    Hobinson .. . J ewell ..... .

    Jiear ........ .

    .Tiear ....... ..

    Jewell .... . .

    Jiear ...... ..

    Bruce .... .

    J ewell .. .. ..

    Rothwell .. . Robinwn .. .

    136-9, 193 535 680 Ex. 6, Ex. 7

    623 208 207-13 570-82, 588,

    623 203, 215-6 469 i:i85- 9 191

    Ex. 5,Ex. 7

    ( .Jiear .. .. .. .. . 95- 98

    Jiear, A. H .-inquired on 5/3/04 of i Bruce ...... 378

    natives round the vessel as to i Jewell .. .. .. 5Hl

    whereabouts of four principal 1 \Yatson ... ... 887

    murderers ................. ...... .. .. . I Tyser ...... 1 940

    l Robinson . . . Ex. 5

    106

    Subject. Witness. /Question Numbers II

    / in the Evidence.

    Subject. Wi tness.

    /

    Question Numbers in the Evidence.

    Jiear, A. H.-went into Ema's canoe a,nd talked with him: Judge Robin­ son thought it unsafe, and sent him revolver : also sent leg-irons, with message to capture him if possible (513 /04) .. . .............................. .. Jiear ......... 105

    Jiear, A. H .--suggested that trading be forbidden (5 /3/04) ................ .. Jiear ......... 129

    Jiear, A. H.-placed in charge of} party for purpose of effecting the arrests (6 /3/04) ...................... ..

    Jiear, A. H.-told Judge Robinson') he did not wish to have anything I to do with capt uring hostages, ( and would confine himself to I

    securing murderers (6 /3/04) ......... )

    Jiear ......... 60- 67,312

    Robinson .. . Ex. 6

    Jiear ......... 137-8, 289-291

    Bruce ...... 385

    Robinson ... Ex. 6

    Jiear, A. H.- -told Judge Robinson he would personally attend to the

    arrest of lake and Ema (6 /3/04) ...... Jiear ......... 137-8

    Jiear, A. H.- sent a man to capture

    Ema (6 /:3/04) .... .. ....................... . Jiear ......... 136

    Jiear, A. H.- saw policeman about to club a native with rifle- stopped him (6/3/04) ........... .. .. .. ............ .

    Jiear, A. H.- protest against firing on natives wit hout his consent (6 /3/04) (

    Landing party, after breakfast I

    (6 /3/04)- J ewell's alleged refusal i to go in Judge Robinson's boat ... I l

    Landing pa,rties (6 /3/04)-evidence n{ their proceedings (no particular bearing on inquiry) ...... .. ........ ..

    (

    Landing parties (7/3/04)- evidence 1·e I their proceedings (no particular i bearing on inquiry) .................. I

    l

    Lights seen moving about native village at night (5/3/04) ...................... .

    Le. Hunte, Sir George-first visit (puni­ tive expedition) to Goaribari (May, 1901) ...... ... ......... ... ... ..... ... .. .. .. .

    Second visit (March, 1902) f

    '""""1

    Le Hunte, Sir G.-offer to give eYidence Massacre of mission pa,rty from

    schooner" Niue" ..................... ..

    "Merrie anchored at Goari­

    bari, h eading N. W.-port side to island .. ...... .............................. .

    "Merrie E ngland "-fires let out) - steam allowed t o go down ...... (

    ' ' Merrie England "-looked on as a) sanctuary-no arrests previously made on board ......... ...... ...... . ..

    Natives are cannibals .................. {

    Natives-detention for educati\'e pur-poses .................. .. .................. .

    Natives-do they attack at night? .. . ) Natives-stand up steadily in canoes ...

    (

    Natives-standing order to shoot seen drawing bow on police ...... I

    Jiear .. .. .. .. . 150, 220

    Jiear .. .. .. .. . 215, 2201

    Jiear .. .. . .. .. 203, 215-6

    Bruce ...... 469

    Jewell .. .. .. 585-9

    Rothwell ... 791 Robinson .. . Ex. 5, Ex. 7 Jiear ......... 222-230

    Jewell ...... 592

    Hine ......... 1790

    Jiear ......... 227-230

    Bruce ...... 481

    Jewell ...... 1599

    Hine ......... 1798

    Robinson ... Ex. 5

    Jiear .... ..... / ll6

    5-ll, 44-5, 299, Ex. 3 11 , 45-6

    Jiear .. .. .. .. . 300-5

    Jewell ..... .

    \Vatson .... ..

    Hine ....... .

    Adamson .. . H arvey .... ..

    Rothwell .. . Muir .. .. .... .

    Jiear ....... ..

    Jiear ........ .

    Harvey .... :.

    Robinson .. .

    ,Tiear ....... ..

    Jiear ........ .

    Inman ..... .

    Adamson .. .

    Ex. 4

    2073

    5, 34-44, Ex. 3

    616 92 1 1604 1822 713, 7'28 796-9

    1200-1202 203 1-2, 2042 351 711

    Ex. 5

    318-22, 326-31 341 1395 1864

    Jiear ......... 156-8, 164,

    203- 9

    Bruce .. .. .. 455-6, 466-'i

    Harvey ...... 695

    l

    Natives-syst em of employing them as Sir G. le Hunte Par. 11 of Ex. 3

    village constables .... . ................ ..

    Natives- swimming and diving abilities. (See under "Shooting of Natives.") (

    Natives to be captured as hostages, I or to train as native police- ques­ tion of previous general knowledge 1 of proposal on board .... .. .......... I

    I

    l

    Robinson .. . Ex. 6

    Jiear ....... ..

    Bruce .... ..

    ,Jewell .... ..

    Harvey .. ... .

    Rothwell ... McDermid Inman .... ..

    Hine ....... ..

    272-8 373, 1981 504, 625 646, 656, 680,

    716-9, 724-5 744-6 806 1483 1596

    Nati\·es-would they consider that Sir !1. le Hunte's two previous visit s, his punishment of them, and his failure to visi t them aga.in in 1903 as threatened, had wiped out their

    Jiear ....... .. offence ? .................................. .. 299-305

    56- 59 649-653 747

    ( Jiear ........ .

    Natives, on arrival of "::\'Jerrie J

    England," conveyed women and i children from islanu to mainland I (5 /3/04) ................................. l

    Harvey .... ..

    Rothwell .. . \Va tson .... ..

    Muir ........ .

    881 ll08 Ex. 5 Robinson ...

    r

    Robinson ... Ex. 5

    Jiear ... ...... 69

    Bruce ...... 375

    Jewell ...... 513

    N•t;,,, m •h•p J

    (5/3/04) .......... . .................. "'/

    H arvey .. .... 657

    Bothwell .. . 748 McDermid.. 810 Watson ... ... 883

    Tyser ...... 939

    Griffin ...... 985

    Johnson ... 1040

    Muir ......... 1109

    I

    I

    L

    J am es . .. . .. 1238

    Inman ...... 11404

    Hine ... .. .... 1609

    Adamson .. . 1810 Burrows ... 1901

    ( Jiear ... .... .. 70-73

    376.

    I

    Natives- estimates of the Yarious I witnesses as to the number who -j came round vessel on 5/3/04 ..... ·1

    I

    I l (

    Natives who came round vessel on I 5/3/04 were armed wit h bows and arrows, and some with

    clubs ; they had armlets to pro- 1 .. .. .. I

    l

    Bruce .... ..

    Jewell .. .. ..

    Harvey ... .. .

    Rothwell .. . McDermid .. \Vatson .... ..

    Tyser .... ..

    Johnson .. .

    Muir ....... ..

    J a mes .... ..

    Inman ... ..

    Hine ....... ..

    Adamson .. . Burrows .. .

    Jiear ....... ..

    Bruce ..... .

    'Jewell ..... .

    Harvey ..... .

    Rothwell .. . McDermid .. \Vatson .. .. ..

    Tyser .... ..

    Inman .... ..

    Hine ....... ..

    517 657 750 811 884 950 1041 11 10 1238 1412 1613 I 8ll

    1902

    78- 82, 93 381 518 669 752-5 820 885 951 1406 1637

    Natives on 5/3/04 were fricnuly-looking H ine ......... 1639 Native caught stealing spanner from launch (5/3/04) ..... .............. Watson .. .. .. 891

    (

    Natives-inducements to come on J board alleged to have been held I out (5/3/04) ...... .............. ... ... ,

    l

    (

    I I I Natives came on board \·esse! (5 /3/04H I

    1

    Rothwell ... McDermid .. Watson .... ..

    Tyser .... ..

    Johnson .. .

    James .... ..

    Inman .... ..

    Hine ... .. .. ..

    Adamson ... Robinson .. .

    Jiear ....... ..

    Brnce .... ..

    J ewell ..... .

    H arvey .... ..

    Rothwell .. . McDermid .. Watson .... .

    Tyser _. ... .

    Griffin .... ..

    Johnson .. .

    Muir ....... ..

    James ..... .

    Inman .... .

    Hine .. .. ... ..

    Adamson .. . Burrows .. .

    ..

    748-9 813-4 886, 888-891, 942

    1044 1242 1418 1616 18 !3 Ex. 5, Ex. 6

    75 379 519 660 756-9 812 88fi 943 987 1042 1113-5 1240 1406 1610, 1614 1812, 1817 1904 Ex. 5, Ex. 6

    107

    173

    Subject. \Yitness.

    ! Question Numbers Jj in the Ev idence. Subject. \Yi i ness.

    \

    Question Numbers in the Evicience.

    (

    N•""" left oboot oooJowo j

    {5 /3'/ 04) ·········· ............. . ...... ,

    I

    (

    I

    I I I Natives came rounQ. ve

    l l

    Jiear ........ .

    Harvey ..... .

    McDermid .. \VatSO II ......

    Tyser Johnso n Muir .........

    Inman Hine ... .... ..

    Jien,r ....... ..

    Bruce .... ..

    Jewell Harvey ......

    McDermid .. vV atson .... ..

    T yser .... ..

    Grifiin Johnson Muir ....... ..

    James .... ..

    Inman Hine ....... .

    Adamson .. . Bunows Robinson ..

    ll2 66il 822 S94

    O.'i2 l051 1121 1442 1636

    11 8 388 523 673 8'25-7 897

    954 992 1053 1123

    1254 1445 1653 1825 1910 Ex. 5, Ex. 6

    Natives came straggling-in no regular order-from various villages (6 /3/04) .Jiear .... .. .. 120

    (

    I Natives-estimates of various wit· I nesses as to number round (6/3 /04) .......... ... .. ................ 1 I

    I

    l

    (

    Natives were not in fighting I

    costume - no different from I

    pre,·ious day-they were :Lrmed (6 /3/04) .. .............................. I

    I l (

    Natives had no apparent hostile I

    intention on 6/3/04 .................

    I

    I

    l

    .Jiear ....... ..

    Bruce .... ..

    Jewell ..... .

    Harvey ... ..

    McDermid Griffin Johnso n .. .

    Muir ....... ..

    .Tames .... ..

    Inman Hine ....... ..

    Burrows .. .

    Jiear ........ .

    Bruce .. .. ..

    J ewell .... ..

    Harvey .. ... .

    Rothwell ...

    McDermid \Vatson ..... .

    Inman Hine .........

    Jiear ........ .

    Bruce .... ..

    Jewell H arvey ......

    McDermid Hine ....... ..

    Inman .... ..

    119 390 524 674, 680 828

    994 1054 1124 1255

    1447 1656 1911

    121 391 525 675

    766 820 809 1448, 1453

    1664

    123- 6 453 526 676 822 1671

    1464

    Natives - suspicion that they{ Inman ...... 1449,1464

    ... ... .. .. Hine ......... 1671

    (

    . I

    Natives-inducements to come on ll bottrd alleged t o have been held out (6 /3/ 04) ..... ...... ............... I

    I l

    f

    NoM"" oome oo .oo.ro (6f3f04f1

    Jicar .... .. . ..

    .Jewell Haney .... ..

    Griffin ... .. .

    Johnson Muir .........

    I nman Hine ...... ...

    Adamson ... Robinson .. .

    Jiear ...... ..

    Jewell .... ..

    Griffin Johnson ...

    Muir ........ .

    James .... ..

    Inman Hine .... .. . ..

    Adamson .. . Burrows Robinson ...

    279, 323, 2034 529 680 999

    1056 1129- 31 1472-4 167 9, 1701 1827 Ex. 5, Ex. 6

    136 533 996 1055

    1125-8, 1132 1257 1463 165 6 1826

    1912 Ex. 6

    (

    I

    I NatiYcs-wereany l{illedorwounded? -{ how many? .. ............... I I

    I I

    l

    (

    I Natives- number taken I (6 /3/04) .. .............................. 1 I l Natives- arrest by police ; accounts of {6 /3/04). {See under "Arrest".)

    Jiear ........ .

    Robinson .. . Jewell ..... .

    Bruce ..... .

    Harvey ... .. .

    W a tson ..... .

    Muir .... ... ..

    James .... . .

    Inman .... . .

    Hine ..... ... .

    Adamson .. . Robinson .. .

    Jiear .... .. .. .

    Bruce ..... .

    Jewell ..... .

    Harvey ..... .

    Rothwe\1 .. . James ... ..

    Inman .. .. ..

    Hine ..... .. ..

    Adams .... ..

    Robinso n .. .

    150- 1, 212 Ex. 7 563-6,583,584 266, 271. 471

    6()(i 907-917 1184 1296, 1363-

    1375 1492, 1501, 1518, 1567 1755 .

    1847 Ex. 5, Ex. 6

    217-S 483 59i 696 782

    1311 1543 1783 1870 Ex. 5

    Natives-arrest of; orders as to{ (6 j3/04) .. ... .................... ..... ..

    Inman . .. .. . 1520

    Robinson . . . Ex. 6 Bruce ...... 398- 418

    Natives-gashed in struggle {6/3 /0l)) James ...... 1319

    Inman ...... 1552

    Adamson ... 11'75 Jewell .. .. .. 1980

    (

    I

    I

    Natives in canoes fired :Lrrows {also I called spears) when their fellows-{ on sh ip were seized (6/3/04) .· .. .. ·1

    I l

    .Jiear ....... ..

    Bruce .... ..

    J ewell ... .. .

    Harvey .. .. ..

    Rothwell .. . McDermid .. Watson ..... .

    Tyser ..... .

    Griffin J ohnson ...

    Muir .. ...... .

    ,Tam es .... ..

    Inman Hine ........

    Achtmson ... Burrows ...

    Robinson ...

    ( Bruce

    I

    Rothwell ... McDermid .. \Vatson .... ..

    off when rifle Tyser .... ..

    started (6 /3/04) .................. .. ... 1 Griffin ..... .

    I

    J ames .. .. ..

    Inman .... .

    Hine ... ... ..

    l Burrows .. .

    (

    i

    I

    Natives-came round "Merrie land " on while shore

    parties were away ; some

    ... ... ... I

    I l

    NatiYes-some old men release d, ) with message to other natives {7/3104) ............................... .

    Jicat· .. .... ..

    Jewell .... ..

    Harvey ... ..

    Rothwell .. . McDermid .. \Y atso n ...

    Griffi n Johnson .. .

    Muir ....... ..

    James .. . ..

    Inman ..... .

    Adamson ... Robi ns on ...

    Jiear ........ .

    Bruce .... ..

    J ewell Robinson ...

    152- 5 425,433,464 7 541, 544, 60', 682, 694, 60 770, 774 858-866

    910-5, 924 962-·4 1015, 1023 1073-81, 108

    8, 1099 1171, 1215 1297, 1363 1488 1726, 1739,

    1770-82 1857 1922-39, 196 7 Ex. 5, Ex. 6

    435 784 850 911 965 101 8 1364 1514 17 38, 1766

    1959

    231 -9 60:3 607 793 873

    929 !028 1094 1207 1346 1568 1880 Ex. 5

    231 485 596 Ex. 5

    Natives - some more released} Jiear ......... 240- 5, 247

    (8 /3/04) ...... .. .................... .... Robinson ... Ex. 5

    108

    Subject. Witness.

    /

    Qu estion Numbers I in the Evidence. l

    - -'---

    Subject. \Yitnes !:'.

    /

    Question Numbers in the Evidence.

    ( Jiear ......... 252-5

    I

    .Jewell ...... ooa

    ·watson ..... . 9:1()

    Natives came round vessel on / Griffin 1030 J ohnson 1097 813/04-drifted a canoe contain- .; 2\iuir .... ..... 1210 skulls alongside .............. I ..... .... I Inman lliSl . ..... I Hine .. 1802 Adamson ... 1889 L Robinson ... E x . 5

    N atives-threatened big fight when} .. . {

    l58i - 9l "Merrie England" r eturns. Inman 2058- 61 (S /3/04) .................................

    ........... ·1

    Harvey ...... 731 - 4

    Nordenfeldt gun incident .. McDermid 834 Muir ......... 1134-7, 1183

    Jiear ....... 2201

    Paddles-description of ... ..... .......... Muir ......... 1168

    stabulary)- ammunition- prac- Jiear · · · · · · · · · 261 - 265, 297-9 Police Force (Armed Native Con-} t ' t · · f Bruce .. .. .. 368-9, 395 we as o 1ssmng o .. .. .. .. .. .. .. .. .. / Police Force-armed with Martini-} I .Tiear .. .. .. .. . l G3

    Enfield nfies .. .. .. .. .. . .. .. .. .. .. .. .. .. Bruce .. .. . 36:3

    Police-constable about to club a} .. .. .. Jiear ..... ... . ].)0, 220

    Police-cu f1'0d by Bruce, and o!·dered J to pile arms on deck bec :1U se t hey continued firing after order to ( "cease fire" (6 /3/01) ............... )

    Bruce .... .

    Harvey ... , ..

    \Yatson Muir .........

    44! fiS!) 020 liS I

    Police-in making arrests about } three constables would be engaged Bruce . . . . . . 439- 440 with one prisoner (6 /3/04) ...... .. .

    Police Force-number on "Merrie} Jiear .. .. ..... 159- 161

    England "-number of recruits... Bruce 362

    of arms-inspection abandoned Bruce Police Force paraded for inspection ! 385-396 i!!Jl by order of Judge Robinson , in ·watson ..

    order not to frighten natives ......

    Police seized natives. (See under

    "Arrest.") Police shot natives. " Shooting.") (See under

    Police force-shooting efficiency ...... { 1 Jiear ........ .

    Bruce .. .. ..

    Robinson .. . Jiear ........ .

    162--269 492 Ex. 6 150,220,1993-7

    Police-vindictive feeling Goaribari natives ................ _ ... ( Bruce ..... .

    2006-18, 2026 2062- 72 Ex. 4

    Police were excited ........... ......... {

    Population of Goaribari .. .. ......... .. {

    Punitive expedition of Sir George j

    .. t.o ... .. {

    Resident Magistrate- sphere of dut.y { Robinson, C. S. (Chief Judicial Officer of B.N.G.)-about t o hit a native with clubbed rifle (6 13/04).

    McDermid .. J ames .... ..

    Jiear .. .. .... .

    Jiear ....... ..

    H arvey ..... .

    Jiear ........

    Hunt .. Muir .........

    870 1330 2019 246 709 5- ll' 44-45,

    299 E x. 3

    2055- 61 2141 11•15- 11 5 1

    Robinson, Judge-Appointment of.. .... Hunt ......... 2138, 2150, Ex. 1, Ex. 2

    Robinson, J udge-arrests on board­ admitted to be an error of judgment (

    Robinson, C. S., Chief Judicia l Officer, ! B.N.G ., and Deputy tor-Consultations with Mr. Jiear as to course to be adopted

    Goaribari-protests by Mr. Jiear I against making arrests on board " M · E rrland " I erne n., .................

    1

    L

    (

    I

    Robinson, Judge- death of- coroner' inquest, &c ... ............. 1

    l

    Ex. 6

    J iear ......... 60- J, 2194-

    2200, 65, 107, llO, 129-1:35, 280-9, :306, 313, 318, 305- 314, 2030- 8, 2014

    Jewell ...... 504

    Harvey...... 706- S, 728

    Rothwell .. . 795 Bruce ...... 1982- 9

    R obinson .. . E x . 6

    25- 6, 29- 32, latter half of 49

    Bruce .. .... 488- 49 1

    Hunt .... .. ... 2,081

    g xs. 9 a 11d 10

    (

    I

    150- 1

    Robinson, Judge-fired on natives- / question whether any of the

    Jiear ........

    Bruce Jewell ......

    Harvey .. .. ..

    426- 431, 435 550-5, 609·620, 1976 688-9

    took effect 6/3/04) .................. I Watson ..... .

    Muir ........ .

    907- 918 11 58-66, 1177 Ex. 6, Ex. 7

    2,146

    .L

    Robinson, Judge-former experience of Robinson, Judge-high-handed action

    Robinson .. . Hunt ....... ..

    2049-57, 2214 2249

    of ................ .. .. ....................... .. Jiear ........ .

    Robinson, Judge-illness .... .... .. .... .. . • Tiear ...... . ..

    720- 3 Hobinson, Judge-marksmanship of l sportsman, &c . .. ................. .... .

    Harvey .... ..

    Jiear ........ . 2240- 1

    2149

    Robinson, Judge-personal character {

    Robinson, Judge-reasons for visit- f ing Goaribari, and the purpose he had in view .. .................... ..

    Hunt ........ .

    Jiear .. .... .. 2236

    Jiear ......... 278

    Robinson . . . Ex. 5, Ex. 6

    Jienr .. ...... 150

    Robin so n, Judge-said h e did order the firing-did not think any natives were killed (6/3/04) .. .

    Bruce ..... 464

    Harvey' .. .... 688

    Muir ......... ll95- 8

    Robinson, Judge-said firing on} natives "'as necessary, because they discharged arrows (G/3/04) ... Jiear .. ....... 152- 5, 164

    Robinson ... Ex. 6, Ex. 7

    Robinson, .Judge-takes full respon- I sibility of affray on himself ...... \

    Robmson, Jnrlge-was excited ........ .

    Ex. G Ex. 6

    Bruce .... .. 445 Rot.hwell, Chief Q[fi cc r , "Merrie { England"- firing on natives (G /3/04) ........ ... .. . . .... ...... ..

    Roth well was cxciteLl ..

    Rothwell ... 7(i9, 775- 8 J ames ...... 1:320, 132;!

    Rothwell .. . 778

    Royal Commission-proposed pointment of ... ............... .

    ap-I

    25- G, latter hn,lf of 49

    Bruce ...... 488-491

    Hunt.. ...... 2081 ..... I

    L

    Robinson ... Ex. 7

    Ex. 10

    Sharks at Goarihari. (See nuder

    "Shooting of Natives''). (

    I

    I Shooting of natives·--first (613/04) .......... .. ... .......... .. ...... , l

    I Shooting of nati1·es (6/3/04)-after I first individual shot, police j generally started fi ring . .......... · 1 I L Shootin g of natives-Bruce fired (6 ;3/04)

    Jiear .. . .. .... 140-5, 181-4,

    186- i

    Bruce ...... 419, 464- 7

    Adamson .. . 1839 Robinson .. . Ex. 6 Jewell ...... 542

    Harvey.. .... 684, 693-4

    Tyser ...... 95 8

    Griffin ...... 1001

    Johnson ... 1069- 72 Inman ...... 1492, 1508

    Adamson .. . 1839

    Jiear ......... 140-147, 184-!i

    Bruce .. ... 426, 464 ·

    Jewell ..... 543

    Rothwell ... 763, i68 McDermid .. 840 Watson .. .. .. 900, 907

    Tyscr .... .. 958

    Griffin .. .. .. J 00 1

    l\luir .. .. .. .. .

    James .. .... 1277- 95, 1322

    Inman ...... 1492-1502

    Hine ......... 1'i25

    Adamson .. . 1839 Burrows ... 1942

    ltobinson ... Ex. 5

    H arvey ...... 684

    Johnson .. . l 071

    Bruce ...... 435

    Shooting of natives - occupants of

    launch fired (6/3/04) .. .. .. .... .. .. .. .. .. . Bruce ... .. . 435

    (

    Shoot;og of - who" fi,;,.g J

    ''"'"" ,.,;.,.,boeeed off(6(3(04) I

    L

    Jiear .. ...... .

    Bruce ... . ..

    Rothwell .. . .McDermid .. ·watson .. .. ..

    Tyser .... .. .. .

    Griffin James .... ..

    Inman .... ..

    Him• ........ .

    Burrows .. .

    179-180 435 784 850 911 965 1018 1364 1514 1738, 1766 1959

    Subject.

    (

    Shooting of natives-when natives I r etired Bruce ordered "cease (6/3/04) ... ......... .. .... ..... ......... 1

    l

    Shooting of natives-police continued} firing after order to " cease fir e " -Bruce cuffed them and made them pile arms ou deck (6 /3/04) Shooting of natives-after order to

    ''cease fire" Bruce heard shooting for'ard - went for'ard -nobody there (6 /3/04) .. . .......... .. ... ... .... . .

    Shooting of natives-Bruce heard ! firing aft after order to " cease

    fire "-went aft-saw Rothwell firing (6 /3/04) .......................... .

    (

    Shooting of natives- number of fired (6 /3/04) ......... ... ......... ..... I

    \

    Shooting of natives--time when it} occurred (6 /3/04) ..... .. .. ........... .

    (

    I I I

    Shooting of natives-t ime firing lasted J (6/3/04 ) ....... .............. ...... .... ·· j

    I

    l Shooting of natives-firing not neces- sary .... ... ... .. ...... .................. .. ... . Shooting of nati1·es-firing was neces- sary ........ ... ....... ... ......... ........ ... . Shooting of natives-justified by} Judge Robinson, because they discharged arrows .. ...... .. .......... . Shooting of natives-Judge Robinson { said he did not order the firing- ) ( Shooting of natives-Jewell said it{ was treachery (6 /3/04) ............ .. . ( Shooting of natives-after the shoot-! ing (6/3;04) empty canoes w ere 1 seen floating about-Are the 1 natives good swimmers ?-Are the r waters infested with sharks or I crocodiles?-\V ere the n 11tives I shot, or did they jump overboard? l Shooting of natives--Jiear's protest to Judge R obinson about firing taking place without his (.Jiear 's) consent (6/3/04) ............ ............ ... ........ . ( Shooting of natives--standing order I to poiice to fire on natives who i dmw \row . .. ........................ . Ill p

    175

    109

    'Vi tness. II m the Endcnce.

    Bruce ........ . 1 442-3 11

    J ewell ...... 572

    H a rvey . . . . . . 688 ·

    McDermid .. 868 \Vat.son ...... 919

    Muir... ... ... 1190-3

    J ames ... ... 1327

    Bruce ...... 444

    Harvey ...... G89

    Watson ... ... 920

    Muir .... .. ... 1181

    Bruce . .. ... 445

    Bruce ...... 445

    Rothwell ... 769, 775- 8 J ames ...... 1320, 1325

    Jiear... .. .. .. 258-265

    Bruce . . . . . . 459- 463 Tyser ...... 971

    Muir ......... 11 84

    Burrows . . . 1945 Jiear ... . .. .. . 19:l

    Bruce ...... 385

    Jiear ......... 141, 148, 168-9

    Jewell ...... 624

    Rruoe ..... 458

    Rothwell ... 779 McDermid.. 845- 9 V\T atson .. .... 916

    Tyser .. .... .. 970

    Griftln ...... 1020

    J ohnson..... 1086

    .Muir ... ... ... 1170, 1212

    James ...... 1306

    I nman ..... 1527

    Hine .... .... . 1767

    Adamson ... 1869 Burr-ows ... 1953

    Muir ....... .. 1203

    R obinson ... Ex. 6

    J iear .. . . . . . . . 152-5, 1 G4 Robinson ... Ex. 6, Ex. 7

    Jiear ... ... .. .

    Bruce .... . .

    H arvey ..... .

    Muir ........ .

    Jiear .... .. .. .

    Jewell .... . .

    J iear ........ .

    Bruce .. .. . .

    -Jewell .. ... .

    Rothwell .. . Tyser .. ..... .

    Griffin ..... .

    J ohnson .. .

    Muir ...... .. .

    Inman .. ... .

    Hine ...... .. .

    Adamso n .. . Robinson .. .

    Jiear .... .... .

    Jiear ........ .

    Bruce ..... .

    Harvey ..... .

    Sir G. le Hunte

    150 46 i 688 ll9i5-8 207- 13 579- 82, 588,

    623 170- 9, 194-201 450, 496 557-571

    784 9fi8 1019 1082 11 84-!J

    1532 1738, 1756 184 9, 1853 E x. 6

    215, 2201 156-8, 164. 2039 455-G, 466- 7

    695 P>tr. 11 of Ex. 3

    I !

    Question Numbers

    Subject, Witness. in the Evidence.

    Shore parties 16/3/04). (See nnderl '' Lnnding Parties. ")

    r Skulls drifted alongside (8 /3/04) ...... -{ I

    L

    South-east trade winds ........ ............ .

    Spanner stolen from launch (5/3/04.) .. . Spears fired by natives. (See under "Natives.") Steam allowed to go down. (See

    "Merrie England. " )

    (

    I

    Standing order re firing on natives J who draw their bow> on police ... 1 I

    l

    Swimming abilities of natives. (See under " Shooting of Natives.")

    r

    Time of arriv:1lof '' England" j

    at Goanban on 5/., /04 ........ ... .. ..

    1

    I l

    Time when affray occurred (6 /3/04) ... {

    Jiear ... ..... .

    Jewell ..... .

    ..... .

    Griffin ..... .

    Johnson .. .

    Muir ........ .

    Inman ... ... .

    Hine .. ..... ..

    Adamson ... . Robinson .. .

    Watson ......

    Jiear ... .... ..

    Bruce ... . ..

    Harvey ..... .

    Sir G. le Hunte

    Jiear ........ .

    Bruce ..... .

    Jewell ..... .

    Harvey ..... .

    McDermid Tyser ..... .

    Griffin ..... .

    Johnson ...

    Muir .... .. .. .

    James ..... .

    Inman ..... .

    Hine ....... ..

    Adamson .. . Burrows .. .

    Robinson ... Jiear ........ .

    Bruce ..... .

    252-5 603 930 1030

    1097 1210 1581 1802 1889 Ex. 5 Ex. 3 891

    156-8, 164 2039 455-6, 466--7 695

    Par.11 of Ex. 3

    ss, 68 375 512 648 809 938 983

    1039 1107 1237 1402 1601 1809 1898 Ex. 5. 192 385

    Totemism . . . .. . .. . . . . ... . . . .. . . .. .. ... . .. . . .. ... Jiear ...... ... 1998-2005

    Turotere-unpurged offence to account for ............ ... ....... .. ........ .......... .

    r

    I

    Trading with carried

    (5 /3/04)-everythmg fnendly .... ..

    1

    I l

    Trading-Mr. Jiear suggested to Judge Robinson that it be forbidden(5 /3/04) (

    Trading with natives carried on j

    (6/3/04) ...... ... .. .. .. .................. I

    L

    Village of employ-

    ing natives as. . ...... ............... .... .

    Winter, Sir Francis ...................... ..

    Jiear ........ .

    Bruce ..... .

    Jewell ... .. .

    Harvey .. .. ..

    McDermid Watson .... ..

    Tyser ..... .

    Griffin .. ... .

    J·ohnson .. . Muir ........ .

    James ..... .

    Inman ..... .

    Hine ...... .. .

    Adamson .. . Burrows .. . Robinson .. .

    par. 22 of ex. 4 76, 83-4, 92,

    111-3 379 520 660 813-9, 821 886 946-9

    987 1047, 1098 1116 1244 1428 1621 1820 1!J08 Ex. 5

    Jiear ... .. .... 129

    Jiear ......... 124---9

    Griffin .. .... 999

    Johnson ... 1091-8

    Muir ... ...... 1117, 1222

    James ...... 1263

    Hine ......... 1687

    Adamson .. . 1829

    Hunt ... ...... 2164

    Robinson .. ·1 Ex. 6

    Sydn ej• : 'Yilliam Applegat e Gullick, Go1·cr nmcnt Prin ter. -100 4.

    · .......