Page:History of New South Wales from the records, Volume 1.djvu/386

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274 THE CRDtflN-^L COURT. 4788 16 May. Lord Howe Island. The tmnsports. The first Criminal Court Exile. Livestock and fish. Majesty's ahips in the" Eaat Indies ifaay te supplied from this island with masts and yards, which will render it a very Valuable acquisition. The cultivatioti of the &ix plant will be att^ided to when people can be sent to cleiir the ground* A small island being seen in the passage to Norfolk Island, Lieutenant Ball examined it on his return, and says it abounds in turtle, but unfortunately has no good anchoring-ground. He named it after Lord Howe. It is in 31' 36* south latitude, and 159° £. longitude. Part of this island may be seen sixteen leagues, and a rock that is five leagues to the southward and east- ward of this island may be seen eighteen leagues. The Charlotte, Scarborough, and Lady Penrhyn, transports, were cleared of all their stores, and discharged from Government employ the 24th and 25th of March, and left at liberty to proceed to China when they judged proper ; the other ships remain till store-houses can be finished. The first sitting of the Criminal Court took place on the 11th February, and was followed by another before the end of the month, when six men were condemned to death. Phillip's reference to the proceedings on that occasion shows his belief in exile as a better means of punishment than hanging. Your lordship will not be surprised that I have been under the necessity of assembling a Criminal Court. ^ Six men were condemned to death — one, who was the head of the gang, was executed the same day ; the others I reprieved. They are to be exiled from the settlement ; and when the season permits, I intend they shall be landed near the South Cape, where, by their forming connections with the natives, some benefit may accrue to the public. These men had frequently robbed the stores and the other convicts. The one who sufiered and two others were condemned for robbing the stores of provisions the very day they received a week's pro- vision, and at which time their allowance, as settled by the Navy Board, was the same as the soldiers, spirits excepted ; the others, for robbing a tent and for stealing provisions from other convicts. Part of the live stock brought from the Cape, small as it was, has been lost, and our resource in fish is also uncertain; some • Collina, p. 9 ; White, p. 127. j T«nch, p. 73. Digitized by Google