Page:History of Australia, Rusden 1897.djvu/560

 case ; he had witnesses ready. The clerk who recordedl DoiiglaaB" order, the constable who witnessed the pnnish-' ment, the flogger W'ho inflicted it, the gaoler wiio counted the stripes, the man who received them, — all were there, hut injustice in high place refused to hear them. It seemed ' impossible to hear them and to confer office ui^on DaoglaaSiB The Governor's private secretary forthwith informed" Douglass that the * ' inquiry into the several matters of charge having Ijeen favourable," his commission as Clerk nf the Council would be issued. From the vantage ground thua - obtained, Douglass resolved to damage Marsden by accusal™ tions which would revive and aggravate the charges^ formerly made against liim for severity. Before the resolution could pass into action, the public were astounded at a new phase in the *' Torture " proceedings. The Grand Jury at Parramatta made a presentment inculpating Douglass and other magistrates for having on thirty occasions ordered prisoners to be flogged in order to extort disclosures of guilt. The Sijdnci/ fJazette published the presentment. The Attorney-General wa'oie itamediately to i the Governor. He thought the whole matter ought to be J inquired into. The friends of Douglass were abirmed, whea| amongst several others a true Bill was found against Douglass on the very charge which the commission ordered by Lord Bathurst had refused to examine. They had brought against Marsden and others charges which had been dismissed by the Grand Jury for want of evidence. They then caused them to be brought privately before the Attorney-General ; eight were thus submitted. In justice to the magistracy it must be stated that when called upon by Saxe-Bamhster to explain the charges made against tlieni, several thanked bim for his courtesy^ but did not think it necessary to say more than that they were ■ anxious for public investigation of their conduct. I Douglass by no means courted the inquiry from which the Governor and thii. Chief Justice had rescued him* Forbes, eminent for ability, determined by a sudden blow to M arrest the law. The first step taken was to consider in ■ Council (30th Aug.) a letter from the Attorney-General respecting the presentment of the Grand Jury at rarramatta, and to call for the records oi ii^ X^^iv^iW^ «it mtL^Lstrates at