One mode of evading this difficulty would be to empower the court to receive evidence from the natives in all cases relating solely to themselves without the witness being sworn, only allowing testimony of this nature to hold good when borne out by very strong circumstantial evidence; secondly to empower the court always to receive evidence from natives called on by a native prisoner in his defence, such evidence being subject to the before-named restrictions.
17.

The fact of the natives being unable to give testimony in a court of justice is a great hardship on them, and they consider it as such; the reason that occasions their disability for the performance of this function is at present quite beyond their comprehension, and it is impossible to explain it to them.

I have been a personal witness to a case in which a native was most undeservedly punished, from the circumstance of the natives who were the only persons who could speak as to certain exculpatory facts not being permitted to give their evidence.
18.

There are certain forms in our colonial courts of justice as at present conducted which it is impossible to make a savage comprehend.

I attended one quarter-sessions at which a number of natives were tried on a great variety of charges.