BR. DOUGLASS fAHSBEir. 531 transmitted by Marsdeu to England." Marsdeu reiterated that he had no statement to pmdace, '^bGcause be had made none, in the sliapu of a charge." He had no doubt that in a letter to a friend he had aUutied to the case of Jayne. The pubhc flogger had hi formed Marsden that he vas compelled by Douglass to flog Bayne in the moat ^eruel manner on suspicion of a robbery," that he was to give him twenty-five hishes every morning until he would tell where the stolen property was concealed : that be did eo for live eonseciiiive days, but was so disgusted that on the sixth day he kept out of the way; that on the eighth day (Monday) Di Douglass ordered the flogging to be repeated, while Bayne vainly protested that he knew aothing of the property, ** I beg leave to be allowed f<Marsden wrote, 28th July) to offer proof to this Honour- fl^ble Court that the above circnmstances did occur, and I leave this statement with the utmost deference and respect to yom- consideration." Even this statement the Court 'evaded.
- 'The mere fatit of a iiiaa^s having been puniahed aix times in eight days
might be in pursuance of a sentence of a. Court, anf] therefore, utiless you are preparea to prove that Rvyne was puiiishetl on siispitjion only, the Court iloes not think your statement of the 2Sth July lS2+>, so far at least &a you are pledged to its accuracy, ia within the point of inquiry directed by Eari Bathurat." I Marsden promptly replied : ** I am ready to produce proof of the alleged fact of Dr. Douglass having directed a convict to he flogged with the view of extorting confession jfroni him." Quoting thus the Yevy words of Lord iBathurst^s desijatch, he might be pardoned for hoping that ]the quiver of the quiddita and quillets of Forbes was exhausted. It was not so. The sturdy chaplain was informed by the Com't — ** unless you transmit a copy of the statement you have transmitted to England of the alleged fact . . - they do not feel authorized by Lord Bathurst's instructions to enter on any other subject of investigation," The evasion was palpable, but Marsden could not thwart lit* The Court made a fan* inquiry depeudent upon "compliance with their own demand, which had been so framed as to make compliance impossible. He had made no statement; he had no copy of Ufe ^^iXvs^V'cjAviNX^T to England, in which he thought ieva.d aXv"i<a^ W ^'isj^^^^ ^ u 2
