94 (Wanika). Holub, _Seven Years in South Africa_, ii. 319 (Marutse). Kohler, in _Zeitschr. f. vergl. Rechtswiss._ xiv. 316 (Herero). Andersson, _Lake Ngami_, p. 197 (Ovambo). Rautanen, in Steinmetz, _Rechtsverhältnisse_, p. 340 (Ondonga). Kolben, _Present State of the Cape of Good Hope_, p. 86, 297 (Hottentots). Kohler, in _Zeitschr. f. vergl. Rechtswiss._ xv. 333 (Bechuanas). Casalis, _Basutos_, pp. 224, 226. Maclean, _Compendium of Kafir Laws and Customs_, pp. 35, 110. Holden, _Past and Future of the Kaffir Races_, pp. 333, 336. Shooter, _Kafirs of Natal_, p. 99 _sq._] {174} Speaking of the native tribes of Central Australia, Messrs. Spencer and Gillen observe:--"Should any man break through the strict marriage laws, it is not only an 'impersonal power' which he has to deal with. The head men of the group or groups concerned consult together with the elder men, and, if the offender, after long consultation, be adjudged guilty and the determination be arrived at that he is to be put to death--a by no means purely hypothetical case--then the same elder men make arrangements to carry the sentence out, and a party, which is called an _ininja_, is organised for the purpose."[66] We hear of similar councils from various parts of the Australian continent. In his description of the aborigines of New South Wales, Dr. Fraser states, "The Australian council of old and experienced men--this aboriginal senate and witenagemot--has the power to decree punishment for tribal offences." The chiefs sit as magistrates to decide all cases which are brought before them, such as the divulging of sacred things, speaking to a mother-in-law, the adultery of a wife; and there is even a {175} tribal executioner. At the same time, many grievances are arranged without the intervention of the chiefs; for instance, if a man has been found stealing from his neighbour, or two men quarrel about a woman, a fight ensues, the one or the other gets his head broken, and there the matter ends.[67] The Narrinyeri have a judgment council of the elders of the clan, called _tendi_, which is presided over by the chief of the clan; and when any member of the _tendi_ dies, the surviving members select a suitable man from the clan to succeed him. "All offenders are brought to this tribunal for trial. In cases of the slaying by a person or persons of one clan of the member of another clan in time of peace, the fellow-clansmen of the murdered man will send to the friends of the murderer and invite them to bring him to trial before the united _tendies_. If, after full inquiry, he is found to have committed the crime, he will be punished according to the degree of guilt."[68] Among another Australian tribe, the Gournditch-mara, again, the headman, whose office was hereditary, "settled all quarrels and disputes in the tribe. When he had heard both sides, and had given his decision in a matter, no one ever disputed it."[69] [Footnote 66: Spencer and Gillen, _op. cit._ p. 15.]