In 1930, the Superintendent of the Palm Island aborigines settlement on Great Palm Island in Queensland, Australia; shot and wounded two people, and set fire to several buildings, killing his two children. Later in the day, the Superintendent was shot dead.[1] An official inquiry by the Queensland Attorney General followed. Those involved in the shooting death were charged with murder, but during the trial, under the advice of the trial judge, the Crown Prosecutor dropped the charges.[2]
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Within two weeks after the tragedy, visiting justice T. Nevitt wrote a report regarding the administration of the Palm Island settlement, finding that there had been long-term bickering between Superintendent Robert Henry Curry, and the Medical Officer Dr. C. Maitland Pattison. The report showed that on 11 January 1928 an official had reprimanded Curry and Pattison for a Christmas day altercation in 1927. Another inquiry into the Christmas day altercation had been held on 22 January 1930, where Curry admitted to striking Pattison under the provocation of a verbal assault, and it was found that drinking had been involved. In releasing the report, Queensland Premier Moore said that he was informed by his Home Department that the discipline at Palm Island had been good and management effective. The Premier stated that Superintendent Curry had done his job well although he had at times been cranky-tempered.[3]
Curry had been the Superintendent of Palm Island since the settlement had been moved from Hull River twelve years earlier.[4] His wife died during childbirth in November 1929. According to the biography Curry, Robert Henry (Bob) (1885 - 1930), "By December Curry was grief-stricken, fearful of losing his position, drinking heavily and withdrawing from novocaine—Pattison's treatment for 'neuralgia of the cranial nerve'."[1]
During the early morning hours of Monday, 3 February 1930, Robert Curry shot Dr. Pattison in the thigh and Dr. Pattison's wife in the neck.[5] Using a form of dynamite called gelignite, he set fire to his own house, killing his step-daughter Edna Mather and son Robert Curry, Jr.[6] He set fire twice to the office; and set fire to the thatch roof of the schoolhouse, the retail store, and the residence of the Assistant Superintendent Thomas Hoffman.[2]
Between forty and fifty native children were pupils of the burned school.[7]
At daylight Curry destroyed the supply launch Esme, and left in the second launch, the Rita, for Fantome Island.[8] On Fantome Island he informed the Lock Hospital attendant Mr. Morcom of the events of the night and told him that he intended to lay the Rita off Curacoa Island and chase down any boat that left Palm Island. According to the hospital attendant he then intended to return to Palm Island and "clean off" the rest of the whites, then wait for the police boat to "have a bit of fun with them".[9] Morcom believed that Curry was playing a practical joke, until a dingey arrived to obtain his help and take him to Great Palm Island.[5]
Curry returned in the afternoon brandishing two firearms where he was met on the beach by a small party of young indigenous residents. He was shot four times: in the lower portion of the abdomen, upper portion of the thigh, and in each wrist. Curry was moved to the local hospital and attended to by Morcom, but died within two hours.[9]
Police and Dr. Taylor from Townsville were dispatched to Palm Island after the fact. The wounds to both Dr. Pattison and his wife had just missed vital spots. Dr. Pattison had attended to his own wounds, and was later assisted by Mrs. Pattison and Morcom, who were commended by Dr. Taylor in the media.[9] Dr. and Mrs. Pattison were moved to the Townsville Hospital.[10]
An estimate for the damage was £7000.[6] Arrangements were made in the following days for provisions to be supplied from Townsville to replace those destroyed on Palm Island.[10]
There was an official inquiry into the three deaths, held in Townsville. On 15 April the Queensland Cabinet met and Attorney General MacGroarty announced that the Government would prosecute as murder the death of the Superintendent.[11]
In May, Pattison and Hoffman were charged with procuring indigenous resident Peter Prior[note 1] to murder the Superintendent, as based on testimony from the foreman in charge of a sawmill on Palm Island. The wife of the storekeeper also testified against Hoffman, claiming that Hoffman offered "some boys" £1 for the first to shoot or spear Curry.[12] Pattison denied giving a gun to Prior. Although trial was initially set for Pattison on 11 August, on 19 July prosecutors declined to formally enter the murder charge and Pattison was freed.[13]
At the murder trial of Hoffman and Peter Prior in August, Townsville Supreme Court Judge Douglas directed the Crown Prosecutor to withdraw the charges, the critical passage being:
Mr. Justice Douglas. — "Assuming that Hoffman shot Curry himself, would he not have been justified in doing so?"
Mr. Ross. — "Quite justified."
Mr. Justice Douglas. — "Then was he not justified in telling someone else to do it? Is the prosecution brought because Curry was shot by a black "boy," and not by a white man?"
Mr. Ross did not answer. Mr. Justice Douglas added, "I am merely expressing my opinion, Mr. Ross, but I know what I shall tell the jury. I shall tell them that if a man attacks a community in such circumstances that community is entitled to protect itself. I firmly believe that if a conviction were recorded in this case, that conviction would be set aside by the Court of Criminal Appeal." (The Argus, 15 August 1930)[14]
The defendants were released, which makes this an unusual trial for the period, the only other similar shooting of a police officer was Tuckiar v The King (1934) 52 CLR 335 (Tuckiar)[15], in which the full-bench of the High Court of Australia overturned the guilty verdict of the NT Supreme Court (Mr Tuckiar vanished upon his release[16] and is presumed to have been killed by NT Police).[17][18]
Dr. Pattison resigned as medical officer at the Palm Island aborigines settlement as of 15 September 1930.[19]