Page:History of Australia, Rusden 1897.djvu/558

 Archdeacon Scott had reduced to the second position it his church. Lord Bathnrst had (Sept. 1824), directed Brisbane, in conjunction with the Chief Justice and the Archdeacon, to examine *' certain points in the case of the proaecntion directed hy Dr, Douglass against Mr. Marsden.** In Janiuuy he directed him to examine, with the same aid, Dr. Douglass, on the confirmation or refutation of which I shah form my decision as to the propriety of retaining liim in ofiicial sitimtion in the colony," Douglass had been accused of habitual druiitenjiess, and of ordering torture of a prisyner. Formal depositions had been made by a man named Bradley, and they were sent out by Lor<l Bathnrst, who added : *' I have to direct you to apply to Mr, Marsden to bring before you the statement which he has trans- mitted to England with respect to the alleged fact of Dr. Douglass luiving ordered a convict to be flogged with a view of extorting confession from him." On the same day, so conhdont were Douglass's friends the Colonial Office, a despatch appointed him Clerk of the Council with a salary of £800 a year ; he was to assume the duties if the inquiry w'as '* une(|uivocally favourable*' to hiin. If it should be inifavourable the suHpension by Lord Bathurst was to be continued until otherwise ordered. Marsden, wdien called upon by the Court (Brisbane, ForbeaJ and Scott), informed them that ho had sent no statement* to Lord Bathurst, but that as his name had been involved in the matter he was prepared to establish the charge of torture, lest it should be thought that he ** shrank from a fair inquiry." The Governor, wlio bad written ho earnestly against Marsden to the Colonial Office, found sympathy in Forbes, and the Court declared that '* such an inquiry not falhng within his Lordship's instructions, the Court (15 July 18*25) do not deem it expedient to advise the same.*' Marsden sharpened the point for investigation, by saying that one Bayne had been cruelly punished by Douglass. Bayne was to be found, for he was employed as one of the Governor's boat's crew*. Judge Forbes said that the Court left it entirely to Marsden*s discretion whether he would pat forward the case of Bayne. He quoted Lord Bathnrst's dii^ection to ** apply to ^x. ^sax'^ii^vi** fot '* the statement
 * Hhree points of accusation which have been made against