A group of documents and books relating to the case of Rupert Maxwell (Max) Stuart, including a very rare autograph note signed by Stuart himself
Stuart was an Arrernte man sentenced to death for the 1958 murder of nine-year-old Mary Olive Hattam near Ceduna in the west of South Australia. The conviction relied on a detailed confession presented to the court by police, but its authorship was later called into doubt due to Stuart's apparent limited command of English and inability to read and write. A campaign was launched to overturn his conviction, spearheaded by Father Thomas Sidney Dixon, and drawing in figures such as T.G.H. Strehlow, who acted as interpreter. While the conviction was upheld on appeal and by a Royal Commission, public pressure led Premier Thomas Playford to commute the sentence to life imprisonment, and the case exposed systemic injustices faced by Aboriginal people in the Australian justice system. The archive comprises: INGLIS, K.S.: 'The Stuart Case' (1961), with the ownership signature of Stewart Cockburn, a senior reporter with 'The Advertiser' and the first person to be granted permission to interview Stuart face-to-face in prison in 1972, when he was about to become eligible for parole. Cockburn's article on the visit appeared shortly afterwards; in it, he used Stuart's 'newly-acquired skills in reading and writing, to yet again imply his guilt'. Taped to the front flyleaf of this book is a small autograph note signed by Stuart himself ('I can write very good now. R.M. Stuart'). It is further inscribed and initialled by Cockburn: 'Stuart wrote the above at my request during my interview with him at Yatala Gaol in 1972. S.C.' DIXON, Thomas Sidney: 'The Wizard of Alice. Father Dixon and the Stuart Case' (Morwell, Alella Books, 1987). A presentation copy of the first edition, inscribed on an early blank page 'To Isabel and John Roads, with gratitude and fond memories of your part in Maxie's story. Kindest regards, Tom Dixon, June 1987'. Thomas Sidney Dixon (1916-1993) was a Catholic priest and a missionary to the Arrernte people of Central Australia. Called to visit Stuart in prison because of his knowledge of Arrernte, Dixon was the first publicly to question the validity of his confession. The recipient, Isabel Roads (known to Stuart as Miss Penny), was a piano and singing teacher, and a long-time prison visitor to Yatala. She befriended Stuart there in 1966 and was a major positive influence in his life (see pages 386 onwards in this book). An autograph note from Geoffrey Leane, South Australian Deputy Commissioner of Police at the time of the case, to Stewart Cockburn. He writes: 'I think you found (from memory) that Stewart [sic] was charged with a sex offence in Alice Springs prior to the Ceduna affair, & defended himself in English at the time. G.' Stuart's name is corrected in Cockburn's hand, together with a note that Leane's assertion had been confirmed by Stuart's solicitor in that matter. Leane continues on two further slips of paper: 'I have always been of the opinion that we were too rapid in our acceptance of a confession without backing it with strong forensic evidence. Up to & prior to this offence courts never ever questioned a confession obtained without duress. It was also Xmas & investigating officers were anxious to return to Adelaide. I suppose it was my responsibility to see that my officers were not slapdash & being wise after the event we should have had the police pathologist at the scene & not relied on local tallent [sic]. However I was quite satisfied that Stuart could understand & speak basic English & the investigating officer considered a confession good enough'. Three further pages of manuscript notes in an unidentified hand, referring to the career of Stuart's lawyer Helen Devaney and giving a chronology of Stuart's breaches of parole and other offences subsequent to his release. CHAMBERLAIN, Sir Roderic: 'The Stuart Affair' (1973), signed by the author, who had acted as counsel for the prosecution. A photocopied typed letter (with two manuscript corrections) from Cockburn to Kerry Sullivan, editor of the 'Sunday Mail', in response to an article suggesting Stuart's innocence. He offers a forceful refutation, including confronting details of the case, and a list of Stuart's long list of serious offences prior to 1958, which were kept from the jury in the original trial and not published in the Royal Commission. DUNSTAN, Don: 'Felicia. The Political Memoirs of Don Dunstan' (1981), signed by the author. As an opposition MP he pushed for the commutation of Stuart's sentence and for the abolition of the death penalty. Pages 75-82 relate to the the Stuart case. Four books relating to the case and figures involved in it, namely: COCKBURN, Stewart: 'Playford. Benevolent Despot' (1991); HILL, Barry: 'Broken Song. T.G.H. Strehlow and Aboriginal Possession' (2002); WOOLLACOTT, Angela: 'Don Dunstan. The Visionary Politician who Changed Australia' (2019); and INGLIS, K.S.: 'The Stuart Case' (2002, expanded edition). Three related DVDs, namely: 'Blood Brothers. Broken English' (1993), a documentary drama on the case; 'Black and White', a feature film; and 'Sunset to Sundrise' (2006) in which Stuart 'offers poignant words of wisdom to a younger generation'. A small dossier of related newspaper cuttings, photocopies and related material.
Item #146891
Price (AUD):
$5,500.00