1813. 31 July. Proceedings at trial of lieutenants McNaughton and Connor. MR. EDWARD QUIN Sworn and examined for the Prisoners, Says. I went to the House of Holness, the deceased, a short time before his death to execute a process against his Person. I saw Mrs. Holness, she told me he was out; I went away and said it did not signify, I would see him in the Course of the Day or the very next day; the next day I called again I received the Same answer. I said I was Sure he was not out, and I would not go till I saw him; he Came out of the room, he appeared to me in a very Sickly state. I told him I had a Writ against his person and asked him if he could find bail; he told me he was very ill, that he had a Complaint in his side and breast; he looked miserably bad and that made me say he was drinking. The Witness is allowed to withdraw. THE REVEREND SAMUEL MARSDEN, Sworn and examined for the Prisoners, Says, I know John Brown the Painter; he Came out in the same Ship with me to this Country. I know nothing of him since he Came to this Country. I should suppose he is a Person fit to be believed on his oath: he was my Servant part of the voyage out and I discharged him from my Service for drunkenness and Suspicion of Theft. I discharged him under an impression of his general bad character at that time. The Prisoners decline Calling any further Witnesses. The Judge Advocate summed up the Evidence in open Court. The Court then retired to deliberate. The Court having maturely Considered and fully understood the evidence adduced as well on behalf of the Prosecution as on behalf of the Prisoners at the Bar and what the Prisoners had to offer in their defence, doth adjudge that the said Archibald McNaughton and the said Philip Connor are not, nor is either of them Guilty of the Murder of the said William Holness in Manner and form as they Stand charged; But that they the said Archibald McNaughton and Philip Connor are, and each of them is Guilty of Feloniously killing and slaying the said William Holness, and that for the said offence they do Severally pay a fine to the King of one shilling, and be severally imprisoned in His Majesty's Gaol at Parramatta for the space of Six Calendar Months. ELLIS BENT, Judge-Advocate. G. A. GORDON, Major. J. BRABYN, Capt. V.C. ANTHONY COANE, Captn. JOHN PIKE, Capt. 73rd Regt. The Judge Advocate publicly pronounced this verdict and passed These are to Certify that the above is a true Copy of the minutes JNO. THOS. CAMPBELL, Secy. Sydney, 9th August, 1813. * Note 4. UNDER SECRETARY GOULBURN TO GOVERNOR MACQUARIE. (Despatch per transport Windham; acknowledged by Governor Macquarie to Earl Bathurst, 28th April, 1814.) Sir, Downing Street, 31st July, 1813. 1813. 31 July. I am directed by Lord Bathurst to transmit to you the Memorial of Copy of a Memorial addressed to his Lordship by Capt. Rd. Richard Brooks. Brooks, who has made several Voyages to New So. Wales, and of whose Character a favourable Report has been received. Brooks. Lord Bathurst has grounds to believe that this Person is not Land to be unknown to you, and as there is no reason to doubt but that granted to he is possessed of Property fully sufficient to enable him to cultivate a farm with Advantage, his Lordship desires me to request that you will give Capt. Brooks a Grant of Land to such an Extent as you may think reasonable and proper under all the Circumstances of his Case, with the Privileges usually allowed to Free Settlers. I have, &c., [Enclosure.] HENRY GOULBURN. THE MEMORIAL OF RICHARD BROOKS.* To the Right Honorable the Earl of Bathurst his Majesty's Sheweth unto your Lordship, That your Memorialist hath made four Voyages from England to his Majesty's Colony of New South Wales, the two first with Convicts, and the two last with Merchandize, and for four years last past your Memorialist has been established in the said Colony, and in the Course of that time, he purchased a Vessel and made one Voyage to India. That your Memorialist conveyed to the said Colony a great number of seeds and Plants, which he has had the satisfaction to learn have proved highly beneficial to the Colony. That your Memorialist in the Course of the several Voyages, and during his late residence in the Colony, hath acquired property of various descriptions, and in particular a considerable Herd of Breeding Cattle which have increased to two Hundred Head, and which he is extremely desirous of further increasing, but that can only be accomplished by your Memorialist being allowed by his Majesty through the Medium of your Lordship to become a Free Settler in the Colony, and to have the usual allotment of Land and other privileges enjoyed there by Free Settlers, in which Case it is the intention of Your Memorialist to cultivate some part of the land he became possessed of by purchase, and now holds. * Note 5. Memorial of 1813. 31 July. Memorial of Richard Brooks. 3 Aug. Permission for John Faultless to become a settier. Appointment of naval officer. That to further such views, your Memorialist intends to become wholly resident there, and to take out his wife and six children, and to purchase a Vessel, in which, from his intimate acquaintance with the Colony, he intends also to take out Seeds. Plants, implements of Husbandry, and other things, and also such Articles, as he knows to be the most beneficial, and in the greatest repute there. And on his arrival to employ the said Vessel in such pursuits, as may be deemed most condusive to the reciprocal advantages of this Country and the Colony. That the property your Memorialist intends to carry with him will rather exceed £7,000. Your Memorialist therefore most humbly prays, that your Lordship will be pleased to allow your Memorialist to become a Free Settler in His Majesty's said Colony of New South Wales, and that he may have a grant of Land, and such other privileges, as are enjoyed by his Majesty's other Subjects who are Free Settlers there. Your Memorialist will as in duty bound ever pray, etc. 14 Circus, Greenwich, 5th July, 1813. RICHD. BROOKS. UNDER SECRETARY GOULBURN TO GOVERNOR MACQUARIE. (Despatch per transport General Hewitt ; acknowledged by Governor Macquarie to Earl Bathurst, 28th April, 1814.) Sir. Downing Street, 3rd August, 1813. Lord Bathurst having received a very favourable Report of Mr. Jno. Faultless, and satisfactory Evidence having been produced that this Person possesses sufficient Property to enable him to cultivate a farm with Advantage, he has received his Lordship's permission to embark for New So. Wales as a Settler in the Ship General Hewitt. And you will therefore grant him such an Allottment of Land as may be proportionate to his Capital, and give him the Encouragement usually allowed to Settlers of the same Class. I have, &c.. HENRY GOULBURN. UNDER SECRETARY GOULBURN TO GOVERNOR MACQUARIE. (Despatch per transport Windham; acknowledged by Governor Macquarie to Earl Bathurst, 28th April, 1814.) Sir, Downing Street, 3rd August, 1813. Lord Bathurst has acquainted you in his Dispatch No. 21 that he had appointed Captain Piper to fill the appointment of Naval officer and Collector of Duties in New So. Wales, And his Lordship now directs Me to inform you that that officer takes his passage in the Ship General Hewitt, which is under dispatch for Port Jackson. 1813. 3 Aug. retirement from the army. These Offices being judged by the Commr. in Chief to be Piper's incompatible with a Military Commission,* Capt. Piper has quitted the Army; and it is his Lordship's desire that you extend to him every Encouragement that has been given to Civil Servants of the Colony. Lord Bathurst forbears on this occasion, as he has done upon Land to be granted to every other (that of Mr. Lord excepted†), to specify the precise Piper. Quantity of Land to be allotted. But as his Lordship has already received from you a very favourable Report of Mr. Piper's Character and Services, he has no doubt that he will be perfectly satisfied with any Grant you may think proper to give him. I have, &c., HENRY GOULBURN. UNDER SECRETARY GOULBURN TO GOVERNOR MACQUARIE. (Despatch per transport General Hewitt; acknowledged by Governor Macquarie to Earl Bathurst, 28th April, 1814.) Downing Street, 3d August, 1813. Sir, Mr. Alfred Thrupp has been recommended to Lord Permission for Bathurst as a proper Person to become a Settler in New So. in Tasmania. Thrupp to settle Wales, and has received permission to take his Passage in the Ship “Genl. Hewitt." I am therefore directed by his Lordship to request that you will order the Lt. Governor of Van Dieman's Land to give him an Allotment of Land at the Derwent, where he wishes to establish himself, together with such other Privileges as are usually allowed to deserving Settlers, and that you do also send him from Port Jackson to Hobart's town in one of the Government Vessels. I have, &c., HENRY GOULBURN. UNDER SECRETARY GOULBURN TO GOVERNOR MACQUARIE. (Despatch per transport General Hewitt; acknowledged by Governor Macquarie to Earl Bathurst, 28th April, 1814.) Sir, Downing Street, 3d Augst., 1813. Richard Gore Lord Bathurst, having received from the Earl of Winchel- Permission for sea a recommendation in favour of Mr. Rich'd Gore, his Lordship to become has been induced to give his Sanction to Mr. Gore's proceeding a settler. as a Settler to New So. Wales in the Ship "General Hewitt," altho' he is not possessed of that amount of Property which it has been usually expected that Persons claiming that Indulgence should take with them to the Colony: But as Mr. Gore is 1813. 3 Aug. Richard Gore nearly related to a reputable family already in the Settlement, his Lordship is not apprehensive that there is any danger of his Permission for becoming a burthen on the Public, and he therefore desires me to request that you will give him such Encouragement as a Settler as you may think proper, and as the Assistance which he will receive from his Relations in the Colony may seem to deserve. I have, &c., to become a settler. HENRY GOULBURN. Report on misconduct of captain Case. Arrival of Case in H.M. sloop Samarang. Coals allowed for use of Case. Sir, GOVERNOR MACQUARIE TO SECRETARY CROKER. (Despatch per whaler Phoenix.) Sydney, New South Wales, 3rd August, 1813. 1. However unpleasant it may be to prefer Complaints of a serious Nature against Officers of His Majesty's Naval Service, I feel it a Duty I owe to My own Public Situation here, as Governor and Commander in Chief of this Territory, to transmit to You the following Statement of Facts, with the Correspondence Contained therewith, for the purpose of being by You Submitted to the Consideration of the Lords Commissioners of the Admiralty; requesting You will be pleased to move their Lordships to adopt such Measures, as may appear to them adviseable for preventing a Repetition of such Insulting and Unjus tifiable Conduct being again resorted to by Officers in His Majesty's Naval Service against this Government, and the Civil Authorities of the Country. 2. On the 26th of November, 1812, The Samarang, Sloop of War, Commanded by Captain William Case, Arrived at Port Jackson from Madras in the East Indies, having been sent hither with a Quantity of Specie (in Dollars) for the Use of this Colony. I received Captain Case with every Degree of Respect and Attention due to an Officer Commanding One of His Majesty's Ships of War; and I Continued to treat him and his Officers with Hospitality and every Civility in my power to Shew them, Until their own improper and disrespectful Conduct forced me to forego all further friendly Intercourse with them. 3. Captain Case having made a private Requisition to Me for some Coals for his own Use, I ordered one of the Government Colonial Vessels, named the Estramina, to be hauled alongside of the Samarang Sloop of War on the 2nd of December, 1812, for the purpose of Supplying Captain Case with the Quantity of Coals he required from the said Government Colonial Vessel, She having then just Arrived with a Lading of that Article from the Coal River; and in Order to hasten the Delivery of these |