Page:History of New South Wales from the records, Volume 2.djvu/31

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PHILLIP AKD BOSS. 15 The hearing of the case, which was tried at Plymouth, ^^^^ before Adjutant Martin, as Judge- Advocate, lasted from His the 3rd to the 18th September, 1792, and resulted in the honourable acquittal of the "prisoner." The sentence of the Court, which was approved by the Lords of the Admi- ralty, was at once a vindication of Captain Meredith, and a censure upon his accuser. It read as follows : — " The Court is of opinion that the charge is groundless and !?°^^°^ malicious — ^groimdless because the charge ia not proved in either of its parts, and if it had been was of a venial nature, and for which ample atonement was made in the apology offered; and malicious from the long duration of the arrest and the unusual and unnecessary severity of it ; and the Court doth therefore honourably acquit the prisoner." This is not all. Taking notice of the fact that the prose- cutor had made an unjustifiable assertion against the pris- oner, which might injure him in public opinion, the Court thought it just and due to Captain Meredith to declare that it could see " no circumstance whatever to deprive him of ^J^,'* the public good opinion or the respect of his corps." With ▼indi^tod- the consent of the Lords of the Admiralty, the sentence and declaration were read in open Court. Only an outline of the case can be gathered from the materials at hand, but the facts set forth in the finding of the Court-martial throw a strong light on Major Rosses character. It is hardly too much to say that the proceedings in this case exhibit him as ill-tempered, tyrannical, and vindictive. No one who considers his treatment of Captain Meredith can feel sur- prise that he quarrelled with his officers in New South Wales and came into collision with the Governor. It does not appear that any action was taken with regard to him An impUed upon the finding of the Court-martial, but the publication of the sentence and declaration was a most severe reflection upon his character as a military commander.