1813. 3 Aug. entered on board the Samarang would be to send all those persons who have entered, or whom you have received on board Ship's company of her since your first arrival in Port Jackson, on Shore, in to be inspected. charge of an Officer to the Secretary's Office, to be there examined, and to produce their qualifications or Certificates of Freedom. Officers to be of the peace. By pursuing this course it will be clearly ascertained whether the men, who have entered, have practised any imposition on you; and I trust you will see the propriety and necessity of acquiescing in this plan, for the good of the Public Service. Sir, I have, &c., L. MACQUARIE. [11] Governor Macquarie to Captain Case. Government House, Sydney, N. S. Wales, 22nd March, 1813. It is with Sincere Pain and great reluctance that I am Compelled, from a sense of Public Duty, to call upon you in His Majesty's Name to give up and Surrender to Public Justice on shore the following Officers of His Majesty's Ship Samarang under Your Command; Namely, Lieut. Butcher, Mr. Thomas, Surgeon, and Mr. Ballard, Acting Master, to Stand their Trial before the present Criminal Court, or the first regular Bench of Magistrates that can Conveniently be assembled, to answer to Charges to be preferred against them for Outrageous and illegal Conduct on the Night of the 16th Inst. in forcing and releasing a prisoner, Confined in One of the Watch Houses, from the Civil power, and in Committing an assault on the premises of Thomas Clarkson in the Town of Sydney. On these Officers Surrendering themselves to the Superin't of Police, D. Wentworth, Esqr., I shall instruct him to admit them to Bail until a Day is appointed for their Trial for the Offences which they stand Charged with having Committed on Shore. I have, &c., Sir, L. MACQUARIE, Governor in Chief of New South Wales. [12] Captain Case to Governor Macquarie. His Majesty's Sloop Samarang, Sydney Cove, New South Wales, 22nd March, 1813. I have the honor to acknowledge the receipt of your letter of this day's date and to assure Your Excellency, that I feel the most Sincere regret, you should judge it expedient to institute Criminal Proceedings against any of the Officers under my 1813. 3 Aug. of charges I considered it to be my duty to make the most rigid enquiry Case's denial into the Circumstances of the Prisoner being, as described by against officers. Your Excellency, outrageously and illegally forced and released from the Custody of the Civil Power, And I feel perfectly Warranted in Asserting from that enquiry, that no such Unofficial Conduct was pursued by the Officers named in Your Excellency's Letter. prisoner in the The Prisoner named by Your Excellency was William Wood- Release of a ford, Servant to one of the Lieuts. of the Ship. The Surgeon watch-house. and Master, on being Casually informed that a Seaman belonging to the Ship was Confined in the Watch House, went there and requested the only Constable present, to inform them what Crime the Boy had Committed. The Man replied he did not know, And on the Master's Civilly requesting, that he would permit him to take the Boy on board, and that he would be responsible for his appearance whenever Called on, he was permitted to go without the Smallest hesitation or reluctance on the part of the Constable. unnecessary. of damage to On a View of this Statement (the truth of which might easily Criminal trial have been ascertained without proceeding to the extreme resort of a Criminal Court) I am at a loss to Conceive how a Criminal process could have been resolved upon by Your Excellency, as I cannot but be of opinion, that upon the most forced Construction of the Circumstances attendant on the transaction in Question, it really does not amount to a Single Breach of the Peace. Respecting the Assault on the premises of Thomas Clarkson, Officers unaware The Officers alledge that they never received from him the Clarkson's Slightest information of any damage being done, or any Appli- premises. cation for Compensation for the trifling damage unintentionally done to his Fence in a frolic; had he done so, ample remuneration would have been made to the extent of his demand; on their refusal the remedy was easy, as a Complaint lodged before any Magistrate, or Application been made to myself, would have procured Thomas Clarkson the redress he had ineffectually sought from the Officers themselves. If after this Statement Your Excellency should deem yourself Request for official copy justified to order a Warrant to be issued to apprehend Lieut. of warrant Butcher, Mr. Thomas, Surgeon, and Mr. Ballard, Acting Master, for arrest. I have to inform Your Excellency, that previous to my delivering those Officers up to the Civil Power, I shall require an Official Copy of the Warrant under Your Hand and Seal in Order to transmit it for the information of the Naval Commander in Chief in India, and as is usual in all Cases when 1813. 3 Aug. Case surprised at Macquarie's action. Macquarie determined to take action. Case's denial of evasion. persons, amenable to the Naval Articles of War, are delivered up to the Civil Authority to Answer for Offences Committed on Shore. I cannot help expressing my Surprise and regret, at the receipt of such a Letter, as you have deemed proper to address to me, more particularly after the Verbal Communication I had with Your Excellency this Morning, when I expressed to you the Sorrow and regret of the Officers particularized by Your Excellency, at having Committed any Act, that should Call upon Your Excellency to interfere in your Official Capacity; Your Excellency may also recollect my having informed you, that the officers were ready and willing to make any Compensation in their power to Thomas Clarkson. I have further to remark, that the Charges ought first to have been proved before the Actions of Officers, bearing Commissions in His Majesty's Naval Service, should be Stigmatized as being outrageous and illegal. I have, &c., Sir, WM. CASE, Captain. [13] Governor Macquarie to Captain Case. Government House, Sydney, N. S. Wales, 23rd March, 1813. I have the honor to receive your evasive and unsatisfactory letter of Yesterday's date, in reply to mine of the same date, which leaves me now no other alternative than to pursue such legal Steps as the Law directs and authorizes in all Such cases, as the one now under consideration. Sir. I have, &c., L. MACQUARIE, Governor in Chief of New South Wales. [14] Captain Case to Governor Macquarie. Sydney Cove, Port Jackson, 24 March, 1813. I have only to remark that, as an Officer and Gentleman, I am incapable of practising evasion, either in my public or private Correspondence. Very unsatisfactory it may have been, as my letter was certainly intended to clear the characters of deserving Officers from unproved and unfounded allegations. It remains with your Excellency to institute such legal proceedings as you may deem necessary. I have, &c., WM. CASE, Captain. [15] Examinations of Thomas Clarkson and John Eyres. Territory of New South Wales, Co. Cumberland. Before D'Arcy Wentworth, Esqr., one of His Majesty's 1813. 3 Aug. of Thomas The Examination of Thomas Clarkson of Hunter Street in Examination Sydney in Said County, taken upon Oath, this Seventeenth day Clarkson. of March, One Thousand eight hundred and thirteen. Saith. That Examinant was in his house in Hunter Street last night, and a few minutes after nine o'clock, two Lads, namely James Haydon and William Biggs, came into his House to him and told him that three men, passing by, had knocked off the Ball from one of the Stone pillars in front of the house. That in consequence of that information, Examinant ran out of his house, and perceived three Men running away towards Castlereagh Street. He followed them as fast as he could, and before he came up to them, they stopped at the Corner of William Roberts's paling, corner of Hunter and Castlereagh Streets, and two of them forced off one of the palings each, and the whole three then ran up Castlereagh Street very quick. Examinant pursued them, crying Stop Thief, and John Russell, District Constable of Number three in Sydney, apprehended one of Said persons and Committed him to the Watch house of District Number Four, corner of King and Pitt Street. Saith. That Such person described himself to be a servant of Mr. Butcher, the Second Lieutenant of His Majesty's Sloop Samarang, now anchored in Sydney Cove. The Examinant then returned to his own house, leaving that person in the Watchhouse. That a few minutes after ten o'clock last night Examinant was standing at the front gate of his house in Hunter Street, and Mr. Thomas, the Surgeon of the Samarang, and the Master of the Samarang, accompanied by the person before alluded to, namely the Servant of Lieutenant Butcher, passed by his house, and went to Hester Stubbs' house in Phillip Street, Examinant having watched them thereto. In a few minutes afterwards, Examinant saw Hester Stubbs pass by to William Roberts's with a bottle, and She shortly after returned home with Some liquor. Saith That in a few minutes after, that the Said three men returned from Hester Stubbs, armed each with a bludgeon, and they went down Hunter Street. Examinant told Surgeon Thomas that he knew him and would report his conduct in the morning. Examinant went to bed, when the company departed who were in his house, and some little time after twelve o'clock Examinant heard a noise at the front of his house, and coming down stairs, he perceived the Said three persons, in company with several others, knock off two more of the Balls SER. I. VOL. VIII-D 1813. 3 Aug. Examination of Thomas Clarkson. Examination upon the pillars, fronting his house, after which they all ran up Elizabeth Street. That Examinant applied to a Constable, named Thomas Bingham, who together with Joseph Barry and Examinant followed such persons, but they could not overtake them. Sworn before me,-D. WENTWORTH, J.P. THOMAS CLARKSON. JOHN EYRES, a Constable of Number four District in Sydney, of John Eyres. being duly sworn this Seventeenth day of March, One Thousand eight hundred and thirteen-Saith-That he was on duty last night at the Watch-house of Said District, Corner of King Street and Pitt Street, and that about the hour of nine o'clock James Hanks, a Constable, delivered into his Custody in the Said Watch-house, a person, who he told him was given into his charge by Thomas Clarkson. That Examinant received Such person and confined him in the Watch house, where he remained until a little after ten o'clock, when five persons, who appeared to be officers of the Samarang, came and asked if a man belonging to the Samarang was confined there. Examinant replied that there was, whereupon they asked permission to go into the Watch house, which Examinant granted them. That upon their seeing the person so confined, a tall stout man, the most robust of the said Five persons forced him away, Saying he would not allow the Governor to keep a man belonging to the Ship in the Watch house, and in consequence of such Act the confined person went off accompanied by Said Five persons. That at this time Examinant saw Hestor Stubbs standing with a girl at the Corner of Morris's Garden, adjacent to the Said Watch house. That the Said Hester Stubbs had been at the Watch-house with the confined person, immediately after his Committal there, and asked him his name, when he replied that his name was Woodford. And Examinant Saith that he is not in the least doubtful that the Said Hester Stubbs accompanied Such party, through the View of pointing out to them the Watch house. Examination of Sworn as before,-D. WENTWORTH, J.P. his JOHN X EYRES. [16] Examination of Hester Stubbs. mark Territory of New South Wales, Co. Cumberland. THE Examination of Hester Stubbs, free woman, wife of |