The Naval Pioneers of Australia by Louis Becke
page 208 of 256 (81%)
page 208 of 256 (81%)
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The court came to the following decision:--
"The court having duly and maturely weighed and considered the whole of the evidence adduced on the prosecution, as well as what has been offered in defence, are of opinion that Lieutenant-Colonel Johnston is guilty of the act of mutiny as described in the charge, and do therefore sentence him to be cashiered"; and approval of the sentence is thus recorded:-- "His Royal Highness the Prince Regent, in the name and on the behalf of His Majesty, was pleased, under all the circumstances of the case, to acquiesce in the sentence of the court. The court, in passing a sentence so inadequate to the enormity of the crime of which the prisoner has been found guilty, have apparently been actuated by a consideration of the novel and extraordinary circumstances which, by the evidence on the face of the proceedings, may have appeared to them to have existed during the administration of Governor Bligh, both as affecting the tranquillity of the colony and calling for some immediate decision. But although the Prince Regent admits the principle under which the court have allowed the consideration to act in mitigation of the punishment which the crime of [Sidenote: 1811] mutiny would otherwise have suggested, yet no circumstances whatever can be received by His Royal Highness in full extenuation of an assumption of power so subversive of every principle of good order and discipline as that under which Lieutenant-Colonel Johnston has been convicted." |
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