Lieutenant Symons, then or afterwards, in consequence of that letter which was read in court? – A. He did not receive any immediate directions respecting Lieutenant Symons, further than that on a letter from Lieutenant Ellison, that every officer must occupy their respective situations; and in that letter there was a copy of an order enclosed, which was given to Captain Short, to bear Lieutenant Symonds, and fourteen men on the books of the Porpoise, for the Lady Nelson tender.
“Q. Was that subsequent to the 3d of September? – A. There was another letter from Governor Bligh, (from me,) to Lieutenant Kent, referring him to a former letter, and stating that he had given no orders for the discharges, from a certain date, which I do not recollect.
“Q. Had the Porpoise the means of arresting Lieutenant Symons, as a deserter from the service, at any time? – A. I cannot speak positively as to that. There was a guard of soldiers went out on board the ship he went in; they did not quit the ship till she cleared the Heads, after I did. As to the shore. Lieutenant Symons was at liberty; I frequently saw him walking about.
“Q. What was the guard on board the merchant ship for? – A. I do not know.
“Q. In conversation you had with the prisoner, did he ever tell you, with whom he was acting in concert, in proceeding to sea without orders from his commanding officer? – A. He told me, after his arrival the first lime, he went in consequence of a letter from Colonel Paterson[1] to Lieutenant Symons, who was then at Port Dalrymple.
“Q. He did not tell you the second time? – A. No.
“Q. Do you know if Captain Porteous waited on Commodore Bligh, and had his sanction to take the command of the Porpoise? – A. Yes, I do.
[Witness retired, but was called in again by Prosecutor.]
“Q. At the time the Porpoise was prevented from communicating with me, did he associate with the parties that kept me in confinement? – A. Yes, he did.
[The prosecutor then called for the ship’s books. The prisoner admitted the correctness of the monthly book, and the discharges extracted from it. By the book it appeared that Lieutenant Symons had been paid by bill and compensation, as an acting commander.]
“Here the prosecutor closed his evidence in support of the charges, by delivering in the following paper, which was read.
“Mr. President, and Gentlemen, – Taking it for granted that the Court will not think it right to enquire into the propriety or impropriety of the dispossessing me of the civil government of New South Wales, as that- ↑ Lieutenant-Colonel of the 102d Regiment (formerly the New South Wales corps), and Lieutenant-Governor of the territory of New South Wales. He died on board the Dromedary, on his passage home.
