Richard Runche looks up. ‘Signed, Mrs Mavis Cross, Grong Grong Infants and Primary School.’
He pauses and then says, ‘I now ask my assistant, Mr Goldberg, to place these documents before this court as evidence of my client’s capacity to act as a responsible and caring mother to her children.’ The barrister watches as Moishe delivers the documents to the clerk of the court. ‘Oh yes, with your permission, Your Honour, I feel that in order to set the record straight I must also point out that my learned colleague in his opening address referred to Aboriginal parents as ignorant. My client Mrs Simpson can both read and write, a skill not possessed by a great many white women in the lower social orders beneath which we, as a society, so cheerfully place the Aboriginals. ‘
‘I object, Your Honour. It was a generalisation and I did not intend to single out a particular Aboriginal person, rare as she might be among her people.’
‘I shall ignore my learned colleague’s last remark,’ Runche says, then adds, ‘though I must point out that most racist dogma is based on generalisations.’
‘Nevertheless, the counsel for the defence must withdraw his last remark and his objection is denied,’ the judge rules.
Codlington is clearly not happy with the proceedings and shakes his head in silent denial. He now rises. ‘I withdraw my remark, Your Honour, and with the court’s permission I wish at this point to question Mrs Mary Simpson. My assistant has already notified the court of this intention.’
‘Very well, I ask that Mrs Mary Simpson take the witness stand.’
Mary is obviously nervous as she takes the oath — Francis Codlington is a very large whitefella and she doesn’t come to much past his well-conditioned waist. ‘You are Mrs Mary Simpson, the mother of .. .’ Codlington glances down at the paper he holds in his hand, ‘Polly, Sarah, Dulcie and Katie Simpson?’
‘I am,’ Mary replies in a tiny voice.
‘Speak up, Mrs Simpson, the judge needs to hear your answers,’ Francis Codlington suddenly barks, causing Mary to jump. A look of fear crosses her face.
‘There is no cause for alarm, Mrs Simpson. Just answer my questions with a simple “yes” or “no” and speak out clearly. I shall repeat the question. Are you the mother of Polly, Sarah, Dulcie and Kate Simpson?’
‘Katie,’ Mary says in a slightly louder voice.
‘I beg your pardon, what did you say?’
‘I said Katie. Me baby’s name is Katie, not Kate, and I couldn’t say yes when you said it wrong.’
‘Katie Simpson?’
‘Yes.’
‘I put it to you that Simpson is not their rightful surname. That each of them has a different father and therefore a different surname. Is this so?’
Mary swallows hard then replies, ‘Yes, sir.’ ‘Then you have lied to this court about the surnames of your children?’
Richard Runche jumps to his feet. ‘Objection, Your Honour. It is customary among the Aboriginal community these days when children are born out of wedlock for them to take the surname of the mother.’ ‘Objection sustained,’ the judge rules.
Codlington bows towards the English barrister. ‘I thank my learned colleague for so deftly bringing me to my central conclusion.’ He turns back to Mary. ‘Mrs Simpson, I have no further questions, you may step down.’
Francis Codlington turns to Judge Blackall. ‘Your Honour, we have heard of the saintly nature of my learned colleague’s client from his own lips. However, I put it to this court that no woman who has four children to four separate fathers out of wedlock can be regarded as either moral or responsible and certainly cannot be admired for her virtues. I further put it to you that if Mrs Simpson is not a prostitute she falls short of this definition only by virtue of the fact that she has received no payment for her services.’ Codlington pauses briefly and then says as an aside, ‘And even this has yet to be proved.’
Jessica, seated in the gallery, gasps and brings her hands to cover her face. ‘Oh, the miserable bastard,’ she says to herself, hating the huge, imperious barrister.
‘Objection, Your Honour!’ Richard Runche is on his feet again. ‘If all the children born out of wedlock, be they white, half-caste, quadroon, octoroon or fullblood Aborigine, were to be discounted in this State, the juvenile population would decrease sufficiently for there to be a population crisis. Government statistics show that there are an estimated five thousand children born illegitimately every year, and I dare say this figure is conservative.’ Richard Runche throws his hands in the air. ‘Are we to classify all of these mothers as harlots? What is being judged in this court is not the sexual proclivities of my client, but simply her ability to act as a caring and responsible mother. I put it to you that there has not been a single complaint about Mrs Simpson’s behaviour in the community in which she lives. She has never been arrested for a crime or named as a prostitute and I challenge my learned colleague to find a single instance when my client has accepted money in exchange for sexual favours. That she is indubitably a good mother has, I submit, been clearly demonstrated by the evidence submitted in this court by people who know her or her children sufficiently well to make a clear judgement.’
‘The objection is sustained. Does the counsel for the defence have anything further to say on this matter?’ the judge now asks Codlington.
Codlington clears his throat. He is clearly not happy about finding himself more than well matched by a country barrister with a reputation for being a drunken has-been. ‘Not at this time, Your Honour, except to say that my client, the Aborigines’ Protection Board, is highly experienced in the notion of what constitutes a neglected child and they saw fit to remove all four of the Simpson children.’ He stops and looks at Richard Runche. ‘Does that not suggest that they had good reason to do so?’
Runche turns to Moishe Goldberg who, without comment, hands him a docume
nt. ‘Your Honour, I have here a copy of the committal notice for the four children. I now submit it as evidence for the court’s perusal. The reason given in this notice for removing my client’s children is written down as,’ he pauses and pretends to read, ‘’’For being Aboriginal”. Does this suggest a lengthy and thorough investigation into the children’s welfare or their mother’s neglect of them?’
The judge returns his attention to Francis Codlington who, in the hot courtroom, has grown increasingly red in the face and reminds Jessica of Beetroot, the largest of her turkey cocks. ‘Does counsel for the defence have anything further to say on the issue of Mrs Simpson’s ability to care for her children?’
‘No, Your Honour, though we reserve the right to return to it when we argue the meaning of the law in regard to the removal of mixed-blood children.’
‘Very well.’ The judge now addresses Richard Runche. ‘Do you wish to continue to explore the issue of the mother’s competence, or do you propose to move on?’