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commanders.

THIRD DAY.
THURSDAY, JANUARY 11, 1811.

Lieutenant William Ellison, of the Porpoise, sworn, and examined by the Prisoner.

“Q. Were you lieutenant of His Majesty’s ship Porpoise in 1808? – A. I was.

“Q. Did you meet me, after I came from Government-house with the despatches, on the 29th of March, 1808? – A. I did.

“Q. Acquaint this Court what conversation you had with me? – A. You informed me, that you had waited on Commodore Bligh, with the despatches which you brought from Norfolk Island and the Derwent, which despatches, you informed me, Commodore Bligh refused to take, in consequence of a pledge entered into between him and Major Johnstone, and that he desired you to take the despatches to Major Johnstone.

“Q. Did I consult you on the propriety of employing His Majesty’s ships for the good of the colony? – A. You did.

Examined by the Prosecutor.

“Q. When the Porpoise sailed from Port Jackson, was not the Estremena schooner lying there in the employment of Government, unemployed? – A. I do not know.

Examined by the Court.

“Q. Had the prisoner the means of arresting Lieutenant Symons, as a deserter, during the prisoner’s command of the Porpoise? – A. I suppose he could.

“Q. State your reasons. – A. Mr. Symons being on the spot before we sailed for Port Dalrymple.

“Q. Do you mean to say that the civil or military power would have suffered his arrest? – A. I cannot say whether they would, or would not.

“Q. Had the prisoner orders from Commodore Bligh to arrest Lieutenant Symons? – A. Not that I know of.

“Q. During the prisoner’s confinement to the ship, what was the state of his health? – A. Generally, very ill.

“Q. What was the supposed cause of that illness? – A. I suppose from his confinement to the ship.

“Q. Do you. recollect how long he was confined to the ship? – A. I think, to the best of my recollection, thirteen months.

“Q. Do you know if he ever went on shore during that time? – A. I think he never did.

“Q. Did the surgeon apply to Commodore Bligh for permission for the prisoner to go on shore sometimes, for the benefit of his health? – A. He did; I was present once when the surgeon requested him to be allowed to go on shore two hours in the day.

“Q. State the manner and cause of the denial? – A. When Mr. M‘Millan asked Captain Bligh, in my presence. Captain Bligh replied ‘I’ll be