Page:History of New South Wales from the records, Volume 1.djvu/528

 414 THE JUDGE-ADVOCATE. 1789 next for the duty of the Criminal Court, as soon as the Court of 5 Juncfc Inquiry had made their report ; but he then came to inform me that Major Boss did not choose to let him give the names of the officers at the Judge- Advocate's request; and desired that it might appear in general orders, or that a verbal message might "be sent him from me. The message was sent, and in the names given to the Judge-Advocate Captain Campbell's appeared, and he sat the next day as a member of the Criminal Court. This was a flank movement of the Major's, intended to The Judgo. humiliate the Judge-Advocate in the eyes of the Gk»vernor slighted. and the detachment, by showing that his authority to collect the names would not be recognised by the Commanding officer. Up to this time it was the judge's duty to send to the adjutant for the names, and on receiving them to prepare a precept for the Governor's signature. It was not very consistent with the dignity of his judicial office that he Summoning should be employed in summoning the jurors to attend his Court ; but the duty was imposed upon him either because he was the only person on the establishment who was sup- posed to have a knowledge of legal forms and proceedings, or because he usually acted as secretary to the Governor ; or possibly for both those reasons. When the precept was signed and sealed, it was handed to the Provost-Marshal, whose duty it was to show it to the officers concerned a day or two before the date fixed for the sitting of the Court ; the names being also inserted in the battalion orders of the day. The senior officers of the navy were always called upon to serve, when any King's ship happened to be at anchor in the harbour. Still desirous of conciliating Ross and his friend as much Another as possible, Phillip consented to this further exaction on his part, although it involved a slight to the Judge- Advocate from which he should have been protected. The message required by Ross was sent from the Governor to him, but Campbell's name was inserted in the list of officers called upon to serve; and when the Court sat on the following day, he appeared and took his seat as quietly as if nothing Digitized by Google