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Royal Commission of Inquiry Into Alleged Killing and Burning of Bodies of Aborigines in East Kimberley, and Into Police Methods When Effecting Arrests

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Royal Commission of Inquiry Into Alleged Killing and Burning of Bodies of Aborigines in East Kimberley, and Into Police Methods When Effecting Arrests 1927. WESTERN AUSTRALIA. ROYAL COMMISSION or Inquiry into Alleged Killing and Burning of Bodies of Aborigines in East Kimberley AND INTO Police Methods when Effecting Arrests. COMMISSIONER : G. T. WOOD, ESQ., S.M. Presented to both Houses of Parliament by His Excellency's Command. [FIRST SESSION OF THE THIRTEENTH PARLIAMENT.] PERTH: BY AUTHORITY : FRED. WM. SIMPSON, GOVERNMENT PRINTER. 1927. Ho. 8. APPROXIMATE COST OF PAPER : Printing and Lithos. (1,000 copies), £165. 111927/27 Digitised by AIATSIS Library 2009 - www.aiatsis.gov.au ii. ROYAL COMMISSION WESTERN AUSTRALIA, ) By His Excellency Colonel Sir William TO WIT. J Robert Campion, Knight Commander of the Most Distinguished Order of St. W. R. CAMPION, Michael and St. George, D.S.O., Gov- Governor. ernor in and over the State of West­ ern Australia and its Dependencies In £L.S.J the Commonwealth of Australia. To Our Trusty and Well-beloved GEORGE TUTHILL WOOD, Esquire, Magistrate of the Local Court, Perth. Greeting: KNOW you that I, the said Governor, acting with the advice of the Executive Council, do hereby appoint you to be a Commissioner to investigate— (1) The circumstances of the arrest, in June, 1926, of the aboriginal Lumbia on a charge of the wilful murder of Frederick William Hay. (2) The facts relating to the alleged killing and burning of the bodies of aborigines, in or about June, 1926, at Gotegote-merrie and Mowerie in the Forrest River district, by native trackers and police boys when such aborigines were about to be arrested by, or white in the custody of Police Constables Regan and St. Jack, assisted by Special Constables O'Leary and Jolly. (3) The circumstances of the alleged killing of four aborigines and the burning of their bodies at or near a place called Dala while in the custody of Police Con­ stables Regan and St. Jack. (4) The disappearance of the aboriginal Tommy who was lately in the employ of Leopold Overheu and who, it is alleged, can give material evidence in this inquiry. (5) The employment by the police of armed aboriginal trackers and police boys in executing warrants for the arrest of aborigines, such trackers and police boys not being, it is alleged, under the efficient and proper control of responsible officers. And I declare this to be a Royal Commission within the meaning of "The Royal Commissioners' Powers Act, 1902"; and do hereby desire and request you, with as little delay as possible, to report to me in writing the result of your inquiries by virtue of this Commission, Given under my hand and the Public Seal of the said State, at Perth, this 26th day of January, 1927. By His Excellency's Command, (Sgd.) P. COLLIER, Premier. GOD SAVE THE KING ! ! ! Digitised by AIATSIS Library 2009 - www.aiatsis.gov.au REPORT of Royal Commission of Inquiry into alleged Killing and Burning of Bodies of Aborigines in East Kimberley, and into Police Methods when Effecting Arrests. Ilis Excellency Colonel Sir William Robert Campion, Knight Commander of the Most Distinguished Order of St. Michael and St. George, D.S.O., Governor in and over the State of Western Australia and its Dependencies in the Commonwealth of Australia. May it please Your Excellency, I, your Commissioner, was appointed on the 26th tage of the settled weather to visit Dala, the scene day of January, 1927, to investigate— of one of the alleged atrocities, which place had not (1) The circumstances of the arrest, in June, 1926, been visited by either Police Inspector Douglas or of the aboriginal Lumbia on a charge of Aborigines Inspector Mitchell. Though the distance the wilful murder of Frederick William Hay. from the mission station was only 15 miles, the jour­ (2) The facts relating to the alleged killing and ney occupied three days, being exceedingly arduous burning of the bodies of aborigines, in or owing to the rough mountainous country that had to about June, 1926, at Gotegote-merrie and be negotiated. The mission was reached again on Mowerie, in the Forrest River district, by the 15th March, additional evidence was taken, and native trackers and police boys when such the Commission returned to Wyndham on the 17th. aborigines were about to be arrested by or Further sittings were held in Wyndham, and I deemed while in the custody of Police Constables it advisable personally to make various inquiries that Regan and St. Jack, assisted by Special gave promise of assisting me to arrive at the facts. Constables O'Leary and Jolly. Partly on this account, and partly because of heavy (3) The circumstances of the alleged killing of rains that rendered travelling in the bush almost out four aborigines and the burning of their of the question, I did not visit Gotegote-merrie or bodies at or near a place called Dala while Mowerie. However, I had already heard the evi­ in the custody of Police Constables Regan dence of the several parties who had made investi­ and St. Jack. gations at those places and, as it agreed in essen­ (4) The disappearance of the aboriginal Tommy, tials, an inspection of those places was of less im­ who was lately in the employment of Leo­ portance than of Dala. Leaving Wyndham by the pold Overheu and who, it is alleged, can "Koolinda" on the 23rd April, the evidence of Daniel give material evidence in this inquiry. Murnane, another of the expeditionary party, was (5) The employment by the police of armed abor­ taken at Derby on the 25th, and the Commission re­ iginal trackers and police boys in executing turned to Perth on the 2nd May. Since then various warrants for the arrest of aborigines, such sittings have been held in Perth, at the close of which trackers and police boys not being, it is I heard addresses by counsel, by the Rev. Gribble, alleged, tinder the efficient and proper con­ and the Chief Protector of Aborigines (Mr. A. 0. trol of responsible officers. Neville). ITINERARY OF THE COMMISSION. ABORIGINAL RESERVE AND CHURCH The Royal Commission left Fremantle in the m.v. RESERVE. "Koolinda" on the 11th February for "Wyndham. It Aboriginal Reserve 13873, situated in East Kim­ was intended to open the inquiry at Wyndham, but berley, comprises 3,000,000 acres. Within it is a as I, your Commissioner, ascertained that one of the church reserve of 100,000 acres on which the Aus­ members of the police expedition concerned in the tralian Board of Missions has established an abor­ inquiry had gone to Darwin, the Commission pro­ iginal mission known as the Forrest River Mission. ceeded thither to take his evidence. While this in­ The Rev. E. R. B. Gribble is head of the Mission. volved a loss of three days to the Commission, it The object of the Mission is to christianise the obviated the expense of conveying the witness to natives, instruct them in various useful occupations, Wyndham and keeping him there for two months assist them, and furnish them with the means of sub­ until the next boat called to take him back. The sistence in return for work done. (Q. 132.) Apart first sitting was held on the "Koolinda" at Darwin from the 175 natives permanently resident at the on the 25th February, when Richard John Jolly, Mission, there are some 800 who are more or less who was one of the special constables with the ex­ regular visitors to the Mission, many of them being pedition, was examined. The Commission returned well known to the staff. A roll is kept of the visit­ to Wyndham, arriving there on the 27th February. ing natives showing the dates of their visits, and any After taking portion of the evidence at Wyndham the absentees can easily be noted. Some thirty natives, Commission, on the 10th March, proceeded to the who had been visiting the Mission over periods rang­ Forrest River Mission, distant 52 miles by water ing up to 14 years, have not been seen there since from Wyndham, and there took the evidence of vari­ June of last year; neither have they been heard of ous witnesses. While there I resolved to take advan­ in. that locality by visiting natives. This fact is of Digitised by AIATSIS Library 2009 - www.aiatsis.gov.au IV. immense significance in view of the alleged whole­ MOVEMENTS OF THE EXPEDITION. sale massacre of natives, including some whose names Part of the expeditionary force started out from are sworn to and who were well known to several of Wyndham on the 1st June under Constable Regan the witnesses. The missing natives had their usual and joined up with the rest of the party some days habitat on camping grounds within 16 miles of the later. Constable Regan was in charge of the whole mission station. party. The operations to capture the murderer of Hay may be conveniently considered in two stages, PLAN OF DISTRICT. tha first being the stage between Nulla Nulla Station A glance at the plan herewith will convey a good and the Forrest River Mission, and the second being idea of the region in which the police party con­ the stage from the Forrest River Mission to north ducted their operations. It is a departmental plan of Dala and back. The party arrived at the Forrest in which have been inserted the places of interest to River Mission in the third week of June, and it was the Commission, they being mainly the native names during this interval that the alleged atrocities at for pools or creeks. These localities have been Gotegote-merrie and Mowerie are supposed to have marked on the map by responsible officials, and wit­ been committed.
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