encircle him. The circle was made and quickly contracted, and before the aboriginal knew of their presence, there was no outlet open for his escape. It was the outlaw Midgegooroo, amusing himself in play with his young son, five years old. The old man was apparently unaware that the whites were seeking his life, for he had been hitherto engaged in caring for the women and children of his tribe. As soon as he noticed his dangerous position he tried to break through the line, and wrestled with great vigour. He cried loudly in big desperation for the champion of his tribe, Yagan, but he cried in vain. His spears were soon snapped in twain and, with his little son was taken prisoner.
Midgegooroo had been associated with many depredations of whites and their stock, had been concerned in the murder of Entwistle, and had used violence on different persons. He was now given short shrift. On the 21st May a number of persons congregated in front of the gaol in Perth, and Mr. J. Morgan, a magistrate, read aloud a death warrant. The Lieutenant-Governor, attended by the Council, was present, but the young son had been removed to the Government schooner Ellen, then lying under Garden Island.
Mr. Morgan, a constable, and attendants, went into the gaol to bring out the prisoner, who, on seeing their preparations, yelled and struggled fiercely to escape. He was pinioned and blindfolded, and bound to the outer door of the gaol. A party of the 63rd Regiment volunteered to shoot the condemned man, and at a signal from the Leutenant-Governor advanced, halted six paces away from Midgegooroo, levelled their guns, and fired. The sable warrior fell dead.
The Perth Gazette was pronounced in its remarks on the conduct of some of the people who assembled to witness this death. The editor writes:"The feeling which was generally expressed was that of satisfaction at what had taken place, and in some instances of loud and vehement exultation, which the solemnity of the scene—a fellow being, although a native, launched into eternity—ought to have suppressed."
It is reported that numbers of natives were shot down about this period by the irritated whites. The more charitable people recognised the sequence of events which led up to these murders by Yagan and Midgegooroo. Advocates for their merciful treatment were not wanting, who pointed out that by taking these lives the aboriginals were merely obeying their law of an eye for an eye, a tooth for a tooth. The Government decided that in justice they must protect the lives of natives, and therefore issued a proclamation stating that they were subjects of His Majesty, and received the protection of his laws in Western Australia. The following passage was included in this proclamation, "And whereas the protection of law doth of right belong to all people whatsoever who may come or be found in the territory aforesaid, I do hereby give notice that any person or persons shall be convicted of behaving in a fraudulent, cruel, or felonious manner towards the aboriginal race of inhabitants of this country, such person or persons will be liable to be prosecuted and tried for the offence, as if the same had been committed against any other of His Majesty's subjects."
Another murder by natives of a white man took place, and another native, a relative of Midgegooroo, was shot. Then Yagan again appears on the scene. While Mr. G. F. Moore was engaged on his farm on the Swan, near Guildford, he observed a party of northern natives approaching him. He saw among them some friends of his, and, unarmed, at once went forth to meet them. When he had got among the blacks he was surprised to recognise Migo as one of them, and upon scanning the face of the man at his side saw that it was Munday. Looking still closer at the others he was more surprised to behold the outlaw Yagan standing aloof, keenly scrutinising his countenance, and observing his manner of receiving them. Yagan stood some distance from the rest, leaning on his spear in a sullen and morose humour. Moore, pointing to Yagan, asked a native by his side, "What name?" They all replied, "Boogat," to which Moore answered, "No, Yagan." The warrior, seeing that he was known, now stepped forward, as if to challenge discussion, and, according to Mr. Moore, said, "Yes, Yagan,—Fremantle white man shoot Domjuim, Yagan brother: shoot black man cutyell (two). Me, Yagan, gyidyill (spear) white man cutyell."
This was Yagan's explanation of the crime, and his pleading, according to his law, of its justice. Moore took up the conversation and said, "But Domjuim quiple (steal), white man shoot." Yagan replied, "Yes, Domjuim quiple, white man shoot black man, black man 'pear white man."
Mr. Moore said, "But Domjuim quiple. White man quiple, white man shoot white man. Black man quiple, white man shoot black man."
Yagan reiterated, "White man shoot Domjuim, Yagan brother; Yagan 'pear white man far away."
Mr. Moore pointed out that all white men were brothers, upon which a chorus of blacks cried, "No, no!" He then declared, "Yes, all white men brothers, all same. Black man 'pear white man, all white man angry, all white man shoot."
In a more friendly tone, but determined spirit, Yagan asserted, "White man shoot, black man 'pear."
Moore now addressed them all and said, "Black man no 'pear white man; black no quiple; black no 'pear horse, cow, sheep, pig: white man all same brother; black man plenty corroboree, plenty shake hands."
Here he advanced with open hands at which all the natives, except the moody outlaw himself, rushed forward and seized them. It was a long argument, and Moore confessed that Yagan was as successful in it as he was. The natives had grouped themselves around the contending parties, and were apparently closely attending to the conference between these representatives of the conflicting races. Then, writes Moore, "Yagan stepped forward, and leaning his left hand on my shoulder, while he gesticulated with the right, delivered a sort of recitative, looking earnestly at my face: I regret that I could not understand it; I thought from the tone and manner that the purport was this:—'You came to our country; you have driven us from our haunts and disturbed us in our occupations. As we walk in our own country we are fired upon by the white men. Why should the white men treat us so?'"
The manner of delivering this statement reminded Moore of a chorus in a Greek tragedy, the other men seemed to be acting in a subordinate character to Yagan. One and all desired eagerly to know the fate of Midgegooroo. Yagan approached and seemingly sought to read Moore's countenance, and confirmed to searchingly scan it. The question was full of danger to the white man, unprotected as he was, and he gave no direct reply to it. At last Yagan said with extraordinary vehemence of manner, distinctness of utterance, and emphasis of tone, "White man shoot Midgegooroo, Yagan kill three (holding up three fingers)." Moore replied that if Yagan killed a white man, every white man would shoot Yagan." The warrior "scowled a look of daring defiance, and turned on his heel with an air of ineffable disdain." He had held, during the greater part of this conference, "a beautifully tapered and exquisitely pointed spear, grasped like a stiletto about fourteen inches from the point, while the shaft lay over his shoulder with a seeming carelessness." He evidently dreaded treachery, and was on his guard
