Page:History of Australia, Rusden 1897.djvu/435

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BLIGH AND THE CRIMINAL COURT. 407 protection, and they entreated the Governor to grant it. In a separate letter they stated that they were "not defensible in giving up the papers," required by Bligh, ** to any person unless your Excellency thinks proper to appoint another Judge-Advocate to proceed on the trial of John Macarthur, Esq." Bligh (at " three-quarters past three o'clock") peremptorily demanded, "finally in writing, whether you will deliver these papers or not, and I again repeat that you are no Court without the Judge-Advocate." The officers expressed their willingness to give attested copies, or to give the originals to any one appointed as Judge- Advocate for the trial of Macarthur, but they would keep the originals for their justification, and added, "The Court constituted by your Excellency's precept, and sworn in by the Judge- Advocate, beg leave to acquaint you that they have adjourned to wait your Excellency's further pleasure." It seems strange that they did not cite the case in which, without any rebuke from England, a court-martial had formerly placed the Judge-Advocate under arrest, in the time of King.^® Bligh then (at half-past five o'clock), scrupulously recording the time, despatched a missive to Major Johnston (commanding the New South Wales Corps), requesting to see him without delay. Johnston, who was at his house four miles from Sydney, returned a verbal message to the effect that he was "too ill to come to Sydney, and was unable to write." He had been thrown from his chaise. Thus ended the first day of disorder. In the morning of the 26th Jan., the anniversary of the foundation of the colony, when the six assembled officers learned that Macarthur had been lodged^* in gaol (on the warrant of Arndell, Campbell, and Palmer), they wrote again to the Governor. They sent him an attested copy of Macarthur's protest ; reminded him of their oath well and truly to try Macarthur's case; prayed him to appoint some impartial person to execute the office of Judge-Advocate; informed him that they found with much concern that '* Vide supra^ pp. 250 and 254, et seq. '• When Macarthur reached the gaol the gaoler told him there were some ruffians sworn in as constables, and armed, who would probably aim at Macarthur's life ; but he added — "There is a cutlass for each of us, and we will sell our lives dearly."