the
solicitor-general--to the effect that a fair trial could not be obtained
in Bryan's case with a colonial jury--"an extraordinary document!" The
judges dismissed the application, when Stephen remarked, that he
"thanked God he despised the observations, as well as the scoundrel-like
motives which influenced them."

The intermixture of cattle of various owners, in the extensive forests
belonging to the crown in the northern districts, afforded opportunities
for plunder, and frequently occasioned disputes and quarrels. The
herdsmen were often careless and dishonest, and their masters were
liable to share the reproach of their mistakes or guilt. The marks
distinguishing such property easily escaped the memory: it was often
left to the choice of the magistrate to commit for felony, or resign the
dispute to a civil tribunal.

The constabulary were mostly prisoners of the crown. Their office
entitled them to an earlier attainment of their liberty than other
convicts: the detection of a serious crime gave them claims for a still
quicker liberation; and the desire of freedom prompted them to lay
snares for persons suspected, and even to commit a crime that they might
charge it on the innocent. Thus, they would sometimes slaughter a
branded beast, and throw its skin on the premises of the selected
victim. Such atrocious wickedness was certainly not common, but that it
sometimes occurred is beyond all doubt.

Captain Serjeantson, of the 40th regiment, a gentleman connected with
several opulent settlers, was murdered (1835). The family collected
L500: to this the governor added L100 more, for the discovery of the
murderer, who was found to be Hunt, a bushranger, afterwards shot by a
small settler, and who dying confessed the crime. In this case, a
constable, Drinkwater, proposed to another to earn their free pardons.
The plan sketched was to deposit shot in the hut of a man at Campbell
Town, who was suspected, resembling that extracted from the body of the
deceased. A constable, invited as an accomplice, betrayed the project;
not, however, until the proof of its existence was indisputable. The
same constable had proposed to throw a sheep stolen from the flocks of
Mr. Willis, on the premises of a man, "on whom there was a down."

The intentional encouragement of perjury cannot be imputed to the
government; but necessity induced a most perilous laxity of feeling.
Thus on a trial, the judge not only stopped the case, but commit