growled that when the axe was laid to the root the tree would fall. The tyranny of which, three months before, Harris had said that it could not last long, had begun to burn so fiercely" that men began to wonder whether life itself would be safe from the madness of the Governor and the machinations of Crossley. But the Criminal Court still existed, and its authority was as yet unquestioned. While it remained, there was a gap between Crossley's purposes and Bligh's acts. Johnston, when defending himself in England, declared that he had no connection with Macarthur, and was not even intimately acquainted with him, although they had been brother officers. At Macarthur's committal, in December, Johnston had told him that he injured himself by so much impetuosity," and had concurred in ordering that he should be tried before the Criminal Court. But at the same time Johnston described Crossley as a man of infamous character; eminent for nothing but roguery; implicated in perjury, subornation, conspiracy, and forgery. The community, he said, was shocked at Bligh's consulting Crossley, and it was, in his own humble opinion, "disgraceful, if not criminal, for a Governor to be led at all by his advice, or to consult him officially on any business whatever."
The Criminal Court was composed of Captain Kemp and Lieuts. Brabyn, Moore, Laycock, Minchin, and Lawson—all
"Independent evidence of Bligh's demeanour in 1807 was afforded by Mr. Alexander Berry, who was afterwards for many years a member of the Legislature in Sydney, and died there in his ninety-second year. Bligh, at an interview with the sailing master of the ship which Berry took to Sydney for trading purposes, "threatened to hang" the man for destroying a letter which he had expected from Port Dalrymple. Subsequently Bligh rated Berry for leaving with those paltry fellows at Hobart Town and Port Dalrymple the pick of the cargo. Twice Berry was recalled to Bligh's presence by an orderly, and the last time found Atkins, Campbell, and Palmer in the room. He was questioned as to the persons he had spoken with in Sydney. He mentioned Macarthur, which seemed to produce a startling impression." But his conversation with Macarthur had been unimportant, and Atkins told the Governor that he had no more questions to ask if that was the only conversation." Berry then took leave of the inquisitorial tribunal." At a trader's house Berry heard Crossley say that the government were able to verify charges against Macarthur which would subject him to flogging and imprisonment for years in England, but "he did not know what the punishment would be in this colony." Berry was present at Macarthur's arraignment on 25th January.
