Page:A colonial autocracy, New South Wales under Governor Macquarie, 1810-1821.djvu/212

 that of two members who heard all the evidence as it came from the mouths of the witnesses, and were able to judge of their veracity from their manner, which in trial is always considered as important as the matter, although it undoubtedly is less so in examinations in order to committal for trial. &hellip; I shall be very happy," he continued, "to give Mr. Wentworth my opinion upon the Criminal Law of any state of facts he may lay before me; but if he, as a magistrate, has any doubt whether certain facts amount to murder or not in law, it is his duty to commit for trial and the opinion of the judges, and not to take upon himself to dismiss. &hellip; As far as the Judge-Advocate, it is not for me to presume to advise him: at your Excellency's request, I read the whole of the evidence and the superintendent's journal: upon these I had no doubts of the steps which ought to be pursued, and wrote two friendly letters of advice as to the law and facts to the Judge-Advocate. &hellip; But if after Mr. Wentworth is apprised of my legal opinions he shall still persist in the tenour of his report, I can only say that I shall be most happy to give the same opinion publickly and officially to your Excellency which I have given privately and friendlily to the Judge-Advocate."

Wylde himself replied to the Governor with admirable patience and restraint. He pointed out that in his report he had "not gone the length of asserting the opinion that there was not sufficient grounds for committing the parties concerned &hellip; for trial in England," but only that there was not sufficient evidence "to justify the commitment of the officer of the guard, the superintendent, or the master of the ship, on a charge of murder or on any other charge of a criminal nature, as would exclude them from being admitted to bail thereon". He expressed himself as quite willing to meet Field, and he had already called a meeting of the Committee for the next day.

The Governor received this letter at a "quarter past ten in the evening," and replied early next morning that Wylde might know of Field's refusal.

The Committee met, and Wylde and Wentworth sent a