Coniston Massacre - Trial of Two Aborigines

Trial of Two Aborigines

The trial of Arkirkra and Padygar for Brooks murder took place in Darwin on 7 and 8 November before Justice Mallen.

The first witness was 12 year-old Lolorrbra (known as Lala) who testified in detail that he saw Arkirkra, Padygar and Marungali kill Brooks. He also testified that all the Aborigines that had helped them were now dead. Constable Murray took the stand next, his evidence becoming so involved in justifying his own actions in killing suspects that Justice Mallen reminded him that he himself was not on trial and to avoid facts not relevant to the guilt of the accused. The court then adjourned for lunch. The verdict was a foregone conclusion as all that remained was the reading of the confessions made by the accused in Alice Springs. Despite lunch for the jurors being provided by the local hotel, two of the jurors went home to eat. A furious Justice Mallen dismissed the jury, ordered a new jury be empanelled and a new trial to be convened the following day. The new trial began with Lolorrbra being asked to repeat his evidence. This time his evidence, although still maintaining that the accused were the murderers, was completely contradictory. Under cross examination it became apparent within minutes that he had been coached on what to say. When the prosecution tried to introduce the written confessions of the accused, Justice Mallen pointed out that as the accused had been charged by a South Australian rather than Central Australian magistrate he would disallow the statements. The prosecution declined to call the accused to testify. Murray took the stand next, angering Justice Mallen when he repeated his justifications for killing suspects. With no evidence of guilt presented, Justice Mallen ordered the jury to acquit the accused.

During his testimony, Murray said that the group had "shot to kill":

Justice Mallen: Constable Murray, was it really necessary to shoot to kill in every case? Could you not have occasionally shot to wound?
Murray: No your honour, what is the use of a wounded black fellow hundreds of miles from civilization?
Justice Mallen: How many did you kill?
Murray: Seventeen your honour.
Justice Mallen: You mean you mowed them down wholesale!
—The Northern Territory Times, 9 November 1928

In the courtroom to hear this and other evidence of massacre was Athol McGregor, a Central Australian missionary. He passed on his concern to church leaders, and eventually to William Morley, outspoken and influential advocate of the Association for the Protection of Native Races, who did the most to secure a judicial enquiry. The Federal government was also under considerable pressure to act. The British media had been reporting on Australia's treatment of Aborigines (Australia was in financial difficulties at the time and an economic mission from London was considering financial assistance), a federal election was due on 17 November and the League of Nations had publicly criticized the case.

During the trial Murray was billeted with the Northern Territory police. Although only officially admitting to 17 deaths, according to constable Victor Hall he was shocked with Murray's "freely expressed opinions of what was good enough for a blackfellow" and claimed he bragged to fellow officers that he had killed "closer to 70 than 17".