Page:History of Australia, Rusden 1897.djvu/563

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To the magistrates charged by the jury presentment, as well as to those secretly cliarged, Bannister sent invitations of a similar tenoiir, Marsden disclaimed ail recollectioo of the case in 1822, in whitdi he was accused of concurring with Douglass in ordering Downes and Carroll *'to !>e conlined in a solitary cell on bread and water, and every second morning to receive twenty-five lashes until they tell where the money is concealed/* He asked Bannister to call for the warrants, and his name was not found on them, although in the record of attendance on the Bench it was included. Forgery had been at work, and it had been clumsy/^ On the day on which Maraden was accused of punishing Downes and Carroll at Parramatta, he was far away on a tour to Portland Head at the Hawkesbury. He had on that occasion performed a marriage ceremony (27th June), ^^ and Mr, Cux, ime of the best-known gentlemen in the district, was able to furnish a written statement that Marsden was at Cox*s bouse, Clarendon, on the 1st July, and did not leave it until the '^nL An alibi so established tended to throw doubt upon tbe other charges. Marsden published the refutation in a newspaper. There was a case whicdi oceiuTed on the 5th April 1825, in which the records were not disproved by external evidence, but Marsden denied their accuracy. His name was put at the heading of the proceedings, hut he had not signed them. When Brisbane's Coiuicil investigated the matter, they observed the deficiency, but sm-mised that as Marsden was present on the following da}^ he was present on the r5th. The lucldess J)ouglass w^as said to have signed an order to Hog a man daily until lie should tell the names of four associates in gambling, and Marsden's name had been entered at the head of the record. The report of Brisbane's Council stated that the clerk of the Bencb at Parrarnatta placed the nriginal minutes before the Council. Marsden '- The prjor creat are, belie v^e«l to have l>een employetl or to have worked from perH<mFil nirj-lice, waa tho mfiii who had made the charges against i DouglasH ^jefore. He had heen originaUy transported for forgery, and waiii eventiiaUy hanged iti New 8outli Wiilcs for a sitnihir offence I '* Mr. George Cox^ son of the witiie^is, was married on that day at Wiridaor to Misa Bell, in the presence of Wyklt: th« Jnilge- Advocate, the ffttherfl of thu lunde and bridegroom, and othera, in the church at Windsor.