Max Stuart facts for kids
Rupert Maxwell (Max) Stuart (around 1932 – 21 November 2014) was an Indigenous Australian man. He was found guilty of murder in 1959. His case went through many appeals to higher courts, including the Judicial Committee of the Privy Council in London. A special investigation called a Royal Commission also looked into his case. All of these upheld the original decision.
Newspapers played a big part in a campaign against the death penalty being used for him. After serving his time, Stuart became an Arrernte elder. From 1998 to 2001, he was the leader of the Central Land Council. In 2002, a film was made about Max Stuart's story.
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Max Stuart's Early Life
Max Stuart was born at Jay Creek. This place is in the MacDonnell Ranges, about 45 kilometres west of Alice Springs. He was likely born in 1932. Jay Creek was a government settlement and home to the Western Arrernte people.
Max Stuart was initiated into his Arrernte culture. This was quite rare for an Indigenous Australian working with white people in the 1950s. Although his sister went to a mission school, Max did not. He had very little "Western" education. When he was 11, Max left home to work with cattle. As a teenager, he also worked as a bare-knuckle boxer in travelling shows. In late 1958, he was working at a fun fair. Max could mostly not read or write.
The Stuart Case: A Difficult Trial
When police found Max Stuart, he was working for the Australian Wheat Board. This was near Ceduna in South Australia. During questioning, Stuart said he had been travelling that Saturday afternoon. But he denied the murder. Police took him outside and made him walk barefoot. Two trackers said his footprints matched those found at the crime scene.
Stuart later signed a typed confession. He could not read or write. He signed it with the only English he knew: his name, written in block letters. He even misspelled his first name as "ROPERT".
The Trial and First Appeals
Max Stuart's trial began on 20 April 1959 in the Supreme Court of South Australia. The case against him mostly relied on his confession to the police. Stuart wanted to speak in court. But he could not read the statement prepared for him. The court did not allow someone else to read it for him. So, Stuart could only say a short statement in simple English: "I cannot read or write. Police hit me. Make me said these words."
His lawyer, J.D. O'Sullivan, suggested that police had forced Stuart to confess. This was because Stuart did not speak English well. However, the jury was not convinced. Stuart was found guilty. On 24 April 1959, the judge sentenced Stuart to death. His appeals to the Supreme Court of South Australia and the High Court of Australia both failed. The High Court did say that "certain features of this case have caused us some anxiety."
Doubts About the Confession
The prison chaplain could not talk with Stuart because of his limited English. So, he called in Catholic priest Father Tom Dixon. Father Dixon spoke fluent Arrernte. He had worked on mission stations. Dixon was suspicious of the fancy English used in the confession. For example, it said: "The show was situated at the Ceduna Oval." Stuart's first language was Arrernte. He was not educated and could only speak a simple form of English.
Anthropologist and linguist Ted Strehlow also had doubts. He had grown up in Arrernte society and knew Stuart since childhood. Strehlow visited Stuart and translated his alibi from Arrernte. Stuart said he had been at a hotel when the crime happened. Strehlow also tested Stuart's English. He later swore that the confession could not be real. This helped with the appeal to the High Court.
Newspapers like Nation, Sydney Morning Herald, and The News started reporting on the doubts. The police officers who questioned Stuart said the typed document was exactly what Stuart had said. However, one officer later said police had "jollied" the confession out of Stuart and then hit him. Other officers denied this. Max Stuart's guilt is still debated today.
Execution Date and Stay
Stuart's execution was set for 7 July 1959. Many people sent petitions asking for his sentence to be changed. But a petition supporting the execution also arrived. The government decided that Stuart would be executed.
Soon after, Stuart was told that his lawyer had lodged an appeal to the Privy Council in London. A judge then issued a 14-day delay. This appeal also failed.
Royal Commission Investigation
After the Privy Council rejected Stuart's appeal, Father Dixon found new information. He got statements from funfair workers who had not been at the trial. This new information led to a lot of debate. The Premier, Thomas Playford IV, decided to call a Royal Commission.
In August 1959, the Royal Commission in Regard to Rupert Max Stuart was set up. It was meant to look into the new information. It also wanted to know why this information was not used earlier. Stuart told the commission a new alibi. He said he was working at the funfair when the crime happened.
However, the Commissioners said that the idea of police forcing Stuart to confess was "quite unacceptable." On 3 December 1959, the Commission decided that Stuart's conviction was fair.
Campaigns Against the Death Sentence
On 22 June 1959, Father Dixon contacted Dr. Charles Duguid. He ran the Aborigines' Advancement League. They decided to start a campaign to save Stuart. They organized petitions to change his sentence. Newspapers began to report on the case.
When Dr. H. V. Evatt, a federal political leader, got involved, the news was on the front page. The campaign was mostly to change the sentence. But Evatt argued for a new trial. The Police Association claimed Stuart was not illiterate and spoke "impeccable English." They also said he was legally classified as a white man. Stuart's lawyer, O'Sullivan, strongly denied these claims. He pointed out that the head of the Police Association was one of the officers who got Stuart's confession.
The Police Association's statements were widely criticized. Many believe these statements helped push the case into the newspaper headlines. They also encouraged the appeal to the Privy Council.
Two of the Commissioners for the Royal Commission had been involved in Stuart's case before. This caused a lot of controversy around the world. People claimed there was bias. Labor Party politician Don Dunstan played a big part in Premier Playford's decision. Playford changed Stuart's death sentence to life imprisonment. Playford did not give a reason for his decision. This case was a major event that led to Playford's government falling in 1965.
The News newspaper, led by editor Rohan Rivett and owned by Rupert Murdoch, strongly campaigned against Stuart's death sentence. Because of this campaign, Rivett and The News faced legal charges. The Premier said the newspaper's coverage was "the gravest libel ever made against any judge." However, the jury found them not guilty. Murdoch later fired Rivett.
Rupert Murdoch himself believed Stuart was likely guilty. But he also thought Stuart did not get a fair trial. He was very much against the death penalty. Murdoch's involvement in the case was very important for his career.
Max Stuart's Imprisonment and Release
Max Stuart was released from prison on parole in 1973. He was in and out of jail for breaking parole rules until 1984. That year, he was paroled for the last time from Yatala Labour Prison in Adelaide.
While in Yatala Prison, Stuart learned to speak English properly. He also learned to read and write. He started painting with watercolours and learned other work skills. Between 1974 and 1984, he was returned to prison several times. But he also married and settled at Santa Teresa. This is a Catholic mission south-east of Alice Springs.
Why the Case Was Important
Human rights lawyer Geoffrey Robertson QC said the case was very important. It showed Australia the problems that Aboriginal people faced in the courts. At that time, Aboriginal people were not even counted in the census. The case also highlighted the terrible fact of the death penalty for people who might be innocent.
Max Stuart's Role in Indigenous Politics
In 1985, Patrick Dodson, who was the director of the Central Land Council, gave Stuart a part-time job. This job changed Stuart's life. It gave him respect and helped him rebuild his life. Stuart shared his knowledge of Aboriginal law and traditions. He had learned these from his grandfather as a child. He became an Arrernte elder.
Stuart then became an active figure in Aboriginal affairs in Central Australia. He worked especially with the Lhere Artepe native title organization.
Stuart was the chairman of the Central Land Council (CLC) from 1998 to 2001. In 2000, as chairman, Stuart welcomed the Queen to Alice Springs. He gave her a presentation. In 2001, Stuart was the cultural director of the Yeperenye Federation Festival.
Books and Films About the Case
Books about the case were written by Ken Inglis, who first shared doubts about the case. The Crown Prosecutor, Sir Roderic Chamberlain, also wrote a book. And Father Tom Dixon, the priest who raised concerns, wrote one too.
Docudrama: Blood Brothers
The first part of the 1993 Blood Brothers documentary series was called Broken English – The Conviction of Max Stuart. It was directed by Ned Lander. This was a docudrama. It included interviews with key people from the case. It also had dramatized scenes. Lawrence Turner played Max Stuart.
Feature Film: Black and White
The 2002 feature film Black and White was made about Max Stuart's case. It was directed by Craig Lahiff. David Ngoombujarra played Max Stuart. Robert Carlyle played Stuart's lawyer, David O'Sullivan. Charles Dance played the Crown Prosecutor. Ben Mendelsohn played newspaper publisher Rupert Murdoch. The film won an award in 2003 for David Ngoombujarra as Best Actor in a Supporting Role.
The filmmakers were divided on whether Stuart had actually killed Mary Hattam.
Documentary: Sunset to Sunrise
A 2006 documentary called Sunset to Sunrise (ingwartentyele – arrerlkeme) featured Max Stuart. It showed him at his ancestral home. In the film, Max Stuart talks about the importance of Indigenous culture and the Dreaming. He shares his beliefs about passing on Indigenous culture. He also talks about the importance of Indigenous people speaking their tribal language and English.
