cancy. There also died
Andrew Fishburn, a private in the New South Wales corps, but formerly
belonging to the marine detachment serving in this country, who had been
very useful as a carpenter in the settlement; a soldier, who came out in
the _Cornwallis_; one male convict, who died suddenly; one unfortunate
man, John Williams, who was crushed to death by the wheel of a
timber-carriage going over his head; and the settler's servant who was
killed at the Hawkesbury; beside the seaman belonging to the
_Indispensable_ who was shot.

August.] A court of criminal judicature was assembled early in the month
for the trial of several offenders who were at that time in confinement
under different charges.

Four prisoners were tried for a burglary in the house of William Miller,
but acquitted through a defect in evidence. David Lloyd was tried for the
wilful murder of John Smith, the seaman belonging to the ship
_Indispensable_. It appeared, that the seaman had repaired in a state of
intoxication to the house of Mr. Payne, for the express purpose of taking
from a female convict, (then living as a servant at Mr. Payne's, and with
whom he, the seaman, had cohabited during the passage) some clothes
which he had given her. A riot, the natural consequence of such a
proceeding, ensued; and the prisoner endeavoured to make it appear that
he had been compelled in his own defence to fire the pistol which caused
the death of the seaman. The court admitted that the prisoner had not any
of that malice in his heart against the deceased which is necessary to
constitute the crime of murder, and therefore acquitted him of that
charge; but found him guilty of manslaughter, and sentenced him to
receive six hundred lashes. John Fenlow was tried for the wilful murder
of his servant, David Lane. This charge was fully made out, and the
prisoner received sentence to die. Matthew Farrel, who (with Richard
Sutton, the Newgate Bully) assaulted the watch on the night of the 17th
of March last, having in the course of that contest received a wound on
the temple which proved incurable, and occasioned his death some time
after, the watchmen were now brought forward to account for the death of
the deceased. This they did very satisfactorily, and were discharged.
Four vagabonds, who had repeatedly broken out of prison, and run away
from the jall-gang, were tried as incorrigible rogues, and being found
guilty, were sentenced to three years hard labour at Norfol