Page:History of Australia, Rusden 1897.djvu/432

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 * )KTMTNAL COURT.

growled that wlien the axe was laid to the root the treel would fall. The tyranny of which, three months before, Harris had said that it could not last long, had begun to burn so fiercely^^ that men began to wonder whether life itself would be safe from the madness of the Governor and the machinations of Crossley. But the Criminal Court still existed, and its authority was as yet unquestioned. While it remained, there was a gap between Crossley's purposes and Blights acts. Jolmston, when defending himself in England, declared that he had no connection with Mac- arthur, and was not even intimately acquainted with him, althoiig]) tbey had been brother officers. At Macarthur's commit tah in December, Johnston had told him that he injured ** himself by so much impetuosity," and had con- curred in ordering that lie should bo tried before the Crirainal Court. But at the same time Jolmston described Crossley as a man of infamous character ; eminent for nothing but roguery; implicated in perjury, subornation^ conspiracy, and forgery. The commmiity, he said, was shocked at Bligh/s consulting Crossley, and it was, in his own humble opinion, ** disgraceful, if not criminal, for a Governor to be led at all by his advice, or to consult him officially on any business whatever.'* The Criminal Court was composed of Captain Kemp and Lieuts. Brabyn, Moore, Laycock, Minchin, and Lawson — all "' Indepenfleiil evidence of BUgh's deint^aiifnir in 1807 was afforded by Mr. Alexaiiilor liL'rry, who was aftt^rwards for many years a member of the Legislature in Sydney, and died thei'« in hia ninety -second year, liligh, at an iiiteriew withthe sailing master of the ship which Berry tfrok to Sytiney for trading pui-pcffies, ** threatened to hang" the man for destroying a letter which he u e3q»ected from Port Dairy inple. iSubseqi>eatly Bligh rated Berri^" for leaving with *' those paltry fellows at Hobart Town anfl Port Dalryniple the pick of the cargo.'' Twice Berry was recalled to Bliglvs pifsence by an orderly, and the last time fonnd Atkins, Campbell, ^ and Palmer in the room. He was qneationeel aa to the persons lie hikd^^J fipoken with in Sydney. He mentioned Macarthiir, which seemed to pro<^^ duce **a startling impression." But his conversation with Macarthnr had ' been unimportant, and Atkins told the Governor that he had no more, questions to ask '*■ if that waa the only conxeraatioii." Berry '* then took^ leave of the inquisitorial tribunaL" At a trader's house Berry heard ^H Crosaley say that the government were able to verify charges against ™ Macarthur which would subject him to flogging and imprknnnieiit for years in England, but *' he did not know what the punishment would be in til/.'* colony." Berry waa present at Macarthur's arraignment on 25th January ,