The Naval Pioneers of Australia by Louis Becke
page 197 of 256 (76%)
page 197 of 256 (76%)
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had abandoned her, and the crew, having no masters, walked ashore. For
sailors to remain ashore in a penal settlement was another breach of regulations, chargeable against the owners of the ship from which the sailors landed, provided the sailors had left the ship with the consent of the owners; and the sailors declared that the owners had ordered them to leave the schooner. MacArthur was summoned to attend the Judge-Advocate's office to "show cause." He refused to come, on the ground that the vessel was not his property, but now belonged to the Government. One Francis Oakes, an ex-Tahitian missionary, who, having disagreed with his colleagues in the islands, had turned constable, was then given a warrant to bring MacArthur from his house at Parramatta to Sydney. Oakes came back and reported that MacArthur refused to submit, and had threatened that if he (Oakes) came a second time he had better come well armed; and much more to the same purpose. Accordingly certain well-armed civil officials [Sidenote: 1808] went back and executed the warrant, and MacArthur was brought before a bench of magistrates, over whom Atkins, the Judge-Advocate, presided, and was committed for trial. Atkins did not know anything of law, but he had as legal adviser an attorney who had been transported, and whose character, Bligh himself said, was that of an untrustworthy, ignorant drunkard. The court opened on January 25th, 1808. It was formed from six officers of the New South Wales Corps, presided over by the Judge-Advocate, and the court-house was crowded with soldiers of the regiment, wearing their side arms. The indictment charged MacArthur with the contravention of the governor's express orders in detaining two stills; with the offence of inducing the crew of his vessel to leave her and come on shore, in direct |
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