wo criminal courts were assembled in order to
try offenders, and as the proceedings in these cases are, in a
great measure, new, a short account of them may not be
unacceptable.
The judge-advocate issues his precept for the three senior
naval officers and three military officers to assemble at the
time appointed, dressed in their uniforms and their side-arms:
when they are met, the judge-advocate administers an oath to the
members, similar to that which is used at military
courts-martial; afterwards, one of the members administers the
same oath to the judge-advocate, who presides at the court, and
the rest take their seats according to their rank. The prisoner
is then asked, whether he is guilty or not, and, as the general
answer is, "not guilty," the accusations against him are read,
and witnesses are examined on oath to support or prove the
charge; after which the prisoner enters on his defence, and
brings evidence to prove his innocence: the court is then
cleared, and the members consider what sentence to pronounce; if
it be death, five out of the seven must concur in opinion. The
governor can respite a criminal condemned to die, and the
legislature has fully empowered him to execute the sentence of
the law, or to temper it with mercy.
Actions for debt, for a certain amount, are cognizable by this
court, as are all other actions at common law, where they are
decided according to the law of England, as nearly as the
situation will allow.
On the 6th, Governor Phillip signified his intention of
sending me to Norfolk-Island, with a few people, and stock to
settle it, and lieutenant Ball was ordered to receive on board
the Supply the stores and provisions necessary for that purpose:
this business engaged the whole of my attention until the 15th,
when, having received my commission and instructions from the
governor, (and taken the oaths of fidelity and allegiance,
etc. etc. and the customary oath as a justice of the peace
for Norfolk-Island;) by which I was appointed superintendent and
commandant of Norfolk-Island, I embarked the following persons,
who were appointed to go along with me, viz. Mr. James
Cunningham, master's mate of the Sirius; Mr. Thomas Jameson,
surgeon's first mate of the Sirius; Mr. John Altree, assistant to
the surgeon; Roger Morly, weaver; William Westbrook, and----
Sawyer, seamen; Charles Heritage, and John Batchelor, marines;
with nine male and six female convicts; in all, twenty-three
pe
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