nd those who were with him, coming up with the robbers, demanded their
arms. They were under the cover of a large hollow tree: the settlers
were thus exposed to their aim: Carlisle himself received a ball in the
groin, and three slugs in the breast, and died within an hour. O'Birnie,
master of the vessel, was wounded by a ball in the cheek, which
perforated his tongue and lodged in his neck. The banditti now commanded
instant surrender, which being refused, the firing was renewed. The
settlers were compelled to abandon one of their number, who was
preserved by Whitehead from the violence of his comrades. When an
account of this skirmish was received, armed parties were dispatched
from Hobart Town, and came closely on their track. They re-appeared at
the house of Mr. Humphrey, and compelled his servants to tie the hands
of each other: they then plundered whatever they found useful,
destroying the rest in revenge: they had discovered handcuffs in the
house. Hitherto Whitehead had been the leader; but his spite ultimately
led to his destruction: he conducted his gang to the house of M'Carty,
into which they wantonly fired a volley of shot: a party of the 46th
regiment were lying in ambush; a brisk fire commenced, and Whitehead was
mortally wounded. The darkness of the night prevented pursuit: Whitehead
ran towards Howe, who, at his request, immediately cut off his head.
They had bound each other thus to provide against the recognition of a
fallen companion--to deprive their pursuers of the promised reward. Howe
then became the leader of the band. A party of soldiers succeeded in the
capture of two who had separated from the rest: they also recovered
ammunition and fire-arms, of which the settlers had been pillaged. To
effect the reduction of such disturbers of the public peace, martial law
was proclaimed by Lieutenant-Governor Davey--an exertion of power beyond
his commission, and opposed by his only official adviser, the Deputy
Judge Advocate. Macquarie promptly disallowed this interference with his
authority. It was argued, that the right to declare martial law, if
vested in Davey, might be claimed by any subaltern, whose distance from
the central authority gave the plea of necessity. To bring the offenders
to justice at all, it was first necessary to take them: when in bonds,
they would cease to be dangerous, and might be forwarded to the
tribunal appointed by the crown. These arguments did not prevail to stay
process: a