Page:A colonial autocracy, New South Wales under Governor Macquarie, 1810-1821.djvu/247

 attempted to address the court. The judge declared that he had been heard already, and after a hot dispute he was forced to desist. Bent then pointed out to the court that the petitions of Eager and Chartres were inadmissible as neither of them had ever been admitted as attorneys. The issue was thus narrowed and the case of Crosley alone remained in question. Bent stated his determination not to admit him or any persons of his description. Broughton was undecided about Crosley, but would not exclude all such persons. Riley concurred in this. The judge made a violent speech, flinging accusations against the good faith and the characters of the two magistrates on the Bench beside him. As soon as the court adjourned Riley and Broughton drew up a report of the whole affair for the Governor. They refused to sit with Bent again, and resigned their appointments as members of the Supreme Court. But the Governor refused to accept their resignation and the court met again on 25th May. A few minutes' talk in the judge's chambers showed that no essential change had been brought about by the adjournment. Broughton was more eager than before to express his views, and signified his intention of making a speech in court. Bent proposed that further discussion should cease until His Majesty's pleasure be known. The case of Crosley, which the magistrates had considered a doubtful one the week before, might stand over, and as Garling would soon arrive no inconvenience need be suffered. The compromise was a fair one and should have been at once accepted. The fact that it was not was due to Bent's violence on the 18th May, and Macquarie's zealous encouragement of the magistrates after his return from the country.

When this moderate proposal was refused and Broughton persisted in his intention to address the crowd in the courtroom, Bent refused to open the proceedings at all and sent his clerk to adjourn the sitting, for without the chief judge the court could do nothing. At first the two members declined to adjourn and threatened to commit the clerk to gaol. Finally they gave in, and the ridiculous scene came to an end.

The Supreme Court never again sat under the presidency