Page:History of New South Wales from the records, Volume 1.djvu/518

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

persocution. 404 CAPTAIN CAMPBELL'S ATTACK. 1789 gentleman or my feelings as a man. You were, yourself an ear- 27 April witness of the message sent by me by the Provost to the Judge- Advocate on the 25th instant, to which message I very soon after received the enclosed (in my opinion) most insulting letter. X had Position of ever been taught to understand that the person officiating in his Advocate, character at such Courts, was the person to carry on the prosecu- tion. How far, or even, how it was possible for him to construe my message into a belief that I was become the prosecutor I know not, nor can I possibly imagine why he should call upon me indi- vidually for that purpose, as in his letter he certainly does, unless Sangruin&iy that he had some reason to suppose me of a more sanguinary and persecuting spirit than any other member of the Ck)urt, who wished the woman to be taken into custody for her having (evidently to all then present) perjured herself. The consequence of not using every possible means to prevent so dangerous a crime from getting to a head among the present inhabitants of this colony is too obvious to require any farther remarks upon it, and I am convinced that the wish of exerting every means in their power to prevent it, was the motive of that Court for desiring the woman to be taken into custody. With the Judge-Advocate's letter, I take the liberty of inclosing for your perusal the copy of my answer to him, with the humble request that you will please to communicate the whole to the Appeal Governor, to the end that he may be convinced that I never had. Governor, nor ever will have, a wish or desire of impeding the publick service, and I have no doubt but that both him and you will do me the justice to say that I have used every means to promote it. As I have no copy of any of the papers now sent to you, I request that you will please not to part with any of them unknown to me, or without my consent. Campbell's remark with respect to the position of the Judge- Advocate shows clearly how it was regarded in the The Judge- colony at that time. " I had ever been taught to understand eaeentiaiiy a that the person oflSciating in his character at such Courts was the person to carry on the prosecution." That was undoubtedly the case, according to the practice in England ; and the appearance of a Judge- Advocate on the bench might well have occasioned surprise to those who had seen a Court-martial sitting in the old country. Familiar as Digitized by Google