Page:History of Australia, Rusden 1897.djvu/467

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COURT-MARTIAL ON JOHNSTON* qnentiV enforced Lis opinion on cognate questions* When Bligli under eroHs-examinalion was asked whether he could not with '* Atkins' consent have suspended him and appointed another Judpje- Advocate ad intemUf'* Mr.^ Manners Sutton declared *' this tptestion mvolves so nianj^ things, and really amounts to a matter of opinion founded upon such complicated considerations as it is utterly impossihle, I slinuld skj, for the w^itness to answer/' ■ There were several important points. One was '* whether! the Governor can accept the resignation of the Judge- Advocate. For anything I know, he may ; hut that is also a consideration/' The tpiestion was not put, and the fact that a few years hefore Bliglrs deposition bis predecessor appointed another Judge- Advocate when the memhers of the Court had placed the first under arrest was never brought forward at Johnston*s trial, although docmnentary proofs were at the War Office, where Sir Charles Morgan in commenting on the transaction in a despatch to Governor King took no exception to that part of the proceedings of the Court at Sydney. When Bligh was examined about bis relations with Crossley, ^Ir. Maimers Sutton apprehended that there was

    • considerable delicacy in questioiiing a Governor as to wdiat

passed between him and the persons whom he occasionally consulted/' Bligh was responsible for his acts, but not for the act of advising with another/* On this point the fifteen ujilitary gentlemen of the Court shrank from their Judge- Advocate. Johnston appealed to them, and finding he had gone too far, Mr* Manners Sutton gave w^ay,

  • ' it l>eiiig strongly felt l>y the officer rm trial that it was this confidential

Lioniiiiunit:atiiin with Mr. Croaaley, no mutter wlietiier riglit or wrongs wliiftli iliil exoite m great a ferment at tlmt time in New SonLli Wales. I am aui'c the Com t^ having heard that statetl, there being no legal objec- tion to the i|nestions» v^ili not withhold theii* permission if it ia thought necessary t^* press them." Nevertheless an air of courtesy pervaded the Court, which concluded its lahonrs on the 5th June. It will he rcmenihered that Johnston had sent to Lord Castlereagli a confession made hy Bligh's hailiff» and other paper Sj to prove that Bligh had connived at frauds com- mitted upon the imblic property. He hsid w^ x^-^^^^^^W*^