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commanders.

Lieutenant-Colonel Foveaux, of the 102d Regiment, and Lieutenant-Governor of New South Wales, sworn, and examined by the Prisoner.

“Q. Was all communication between Captain Bligh and the officers of the Porpoise prevented? – A. Yes, as will appear by my letter to Captain Bligh, and his answer to me, which are now before the Court, a copy of which I transmitted to the prisoner at the time. [Letters read; see p. 176.]

“Q. What were the motives which induced you to request that the Porpoise and Lady Nelson might be employed for the service of the colony? – A. The Lady Nelson was requested to go to Newcastle, to bring timber that was sawing there for Government, which timber was to be given for freight of a ship called the City of Edinburgh, for Government.

“Q. Was it absolutely necessary, for the good of His Majesty’s service, that the Porpoise should proceed to Port Dalrymple, to bring up Lieutenant-Governor Paterson? – A. I was obliged to obey the instructions I received from my superior officer.

“Q. Was the settlement at Port Dalrymple in great want of stores, troops, and convicts? – A. Yes.

“Q. When you applied to Captain Bligh on the subject of his return to England in the Porpoise, did he not refer you to me, as her commander? – A. Yes; it will appear in his answer to my letter, dated 16th September. 1808.

“Q. To your knowledge, was Captain Bligh ever released from the solemn pledge he had entered into with Colonel Johnstone, not to assume any command till His Majesty’s pleasure was known? – A. No, never.

"Q. What would the consequence have been, had I refused compliance with your wishes, for the benefit of His Majesty’s service? – A. I should have endeavoured to have compelled you, by the refusal of provisions and stores, from the store.

“Q. Could any other vessel have been taken up to carry down provisions and stores, and to bring up Colonel Paterson, without Government incurring an enormous expence? – A. Certainly not.

Captain John Porteous, of the Porpoise, sworn, and examined by the Prisoner.

“Q. On the 1st day of January, 1809, when you took the command of the Porpoise, what pendant did you find flying on board of her? – A. A broad pendant.

“Q. After you had superseded me in the command of the Porpoise, did you consider yourself secure in obeying the verbal orders of Captain Bligh, on matters of importance? – A. No, I did not.

“Q. Did Captain Bligh ever propose to you to blow down the town of Sydney? – A. Yes.

“Q. What answer did you make? – A. I requested a written order; but he said he was under an arrest. But on my first joining the Porpoise,