d swore an affidavit to this effect before Judge-Advocate
Atkins and three other justices of the peace, and procured their warrant
for the arrest of MacArthur. This was shown to the military officers; they
surrendered MacArthur, who was lodged in the gaol. The court broke up, and
the officers then wrote to Bligh, accusing the Provost-Marshal of perjury
in stating that they contemplated a rescue.
This business had lasted from the opening of the court in the morning
until two o'clock in the afternoon.
Bligh, in accordance with his legal right, had all along refused to
interfere with the constitution of the court. At the same time, there was
no doubt that MacArthur could not have a fair trial if Judge-Advocate
Atkins was to try him, for it was notorious that the two men had been at
enmity for several years. Bligh demanded all the papers in the case from
the officers, who, in his opinion, had illegally formed themselves into a
court. They refused to give them up unless the governor appointed a new
Judge-Advocate, and Bligh replied with a final demand that they should
obey or refuse in writing. Then he wrote to Major Johnston, who commanded
the regiment, and who lived some distance from Sydney, to come into town
at once, as he wanted to see him over the "peculiar circumstances."
Johnston sent a verbal message to the effect that he was too ill to come,
or even to write. This was mere trickery.
The next morning, January 26th (the anniversary of the founding of the
colony), the officers assembled in the court-room, and as no prisoner was
forthcoming for them to try, they wrote a protest to the governor, in
which they set forth that, having been sworn in to try MacArthur, they
conceived they could not break up the court until he was tried; that the
accused had been arrested and removed from the court; [Sidenote: 1808]
and that, in effect, the sooner the governor appointed a new
Judge-Advocate the better for all parties.
No notice was taken of this letter, but Bligh issued a summons to the
officers to appear before him at Government House to answer for their
conduct, and at the same time he wrote a second letter to Johnston, asking
him to come to town, and got a second reply from that officer, to the
effect that he was still too ill. But he was well enough to continue
plotting against Bligh.
Soon after sending this second letter Johnston rode into town, arriving at
the barracks at five o'clock in the evening. He hel
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