Page:History of New South Wales from the records, Volume 1.djvu/514

 iOe THE CASE OF 1780 A singular case which occurred in 1789 serves to show how the administration of justice was carried on under this sya* The six tem. In March^ of that year^ six marines were tried on a sions^ were found guilty and, of course, executed. The prin- cipal evidence against them was that of an accomplice ; bat uuiMuy there was another witness, a woman named Mary Turner^ whose evidence was unsatisfactory to the members of tlie Court. After she had left the witness-box, the judg^e directed the Provost-Marshal to detain her in custody — presumably with a view to instituting proceedings against her for perjury. This matter, gave rise to a warm corre- spondence between the Judge^ Advocate and Captain Camp- bell, one of the jury, which soon after involved all the other CoUiDB to officers, as well as Major Ross and the Governor, in an ex- 26 April. citing discussiou. The first letter of the series was addressed by the Judge- Advocate to Captain Campbell : — I understand by the Provost-Martial, who has just been with me^ that you imagined Mary Turner was in custody ; I have to acquaint you that Mary Turner is forthcoming at any time she may be wanted, but that I myself have at present no thoughts of No proof calling on her, as I do not think,, on mature consideration, there "*^ *'* would be sufficient proof to affect her, either as an accessory in the late business, or for perjury at the trial. However, if you are of a different opinion and wish to have her tried, she may be brought but may be before the Criminal Court that is to assemble on Tuesday or Wed- wish. ^^^ nesday next^ In such case, I should wish to have timely notioe of the charge to be exhibited against her, and what witnesses are to be called to support it^ that the necessary steps may be taken« escape from the certain result of a trial. Thns Collins relates (p. 25) tiiat in April, 1788, " an elderly woman, a oonvict, having been accused of stealmg a flat-iron, and the iron being found in her possession, the first moment she was left alcme she hung herself to the ridge-pole of her tent» but waa fortunately discovered and cut down before it was too late *'—? to try her. Those who did not take their own lives generally fled to the bush, where they perished miserably, or escaped death by starvation only by returning and giving themselves up. Many of the wild attempts to escape by sea were no doubt attributable to the same cause. The convicts in such cases were probably habitual thieves, unable to restrain their pro- pensity for picking up other people's property, and frightened out of toeir wits when tney saw the Provost-MarsbaL One man was supposed to have been driven mad by fright ; Collins, p. 80. Digitized by Google
 * charge of having robbed the public store of liqujor and provi-