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Sixth day of March, One thousand Eight hundred and thirteen, Saith-that on the night of the Sixteenth Instant March, about half an hour past nine o'clock, Examinant was informed by one Patrick Caffrey, that Mr. Thomas, the Surgeon of H.M. Sloop Samarang, was confined in the Watch house at the corner of Pitt Street and King Street. That in consequence of such information this Examinant went to this Watchhouse to enquire if Such were the case, and upon making such enquiry from the constable on duty there, by asking him if the Doctor of the Samarang was confined in the Watch house, he desired the Examinant to describe the Doctor's person to him which having done, the Constable then informed her, that it was not him that was confined, that it was a Lad. That Examinant then saw Said person and found that it was Mr. Butcher the Second Lieutenant of the Samarang's Servant. That Examinant then returned to her house in Phillip Street, wherein Lieut. Butcher lodges, and upon her arrival She found him in bed. That Examinant informed Mr. Butcher that his servant was in the Watch house and in about half an hour afterwards he arose from bed, and dressed himself and requested that Examinant would accompany him to show him the Watch house in which his Servant Woodford was confined, and she accordingly did do so. That in their way to the Watchhouse, through King Street, they perceived three men walking on before them, and the Said three men entered the Watchhouse. That Lieut. Butcher stood at the corner of Pitt Street and Morris's paling with Examinant, and she heard Some loud language in the Watch-house, which was uttered by Mr. Ballard, Master of the Samarang. That Mr. Butcher went towards the Watch-house, leaving the Examinant still standing at the Corner of Morris's paling, but before he could arrive thereat Examinant Saw Surgeon Thomas, Mr. Sharman, late of the Samarang, and Mr. Ballard come out of the Watchhouse, along with Woodford the prisoner, who had been confined in the Watchhouse. That Lieut. Butcher and Examinant then returned to her house in Phillip St. having come thereto the Same way that they went therefrom to the Watchhouse, by the corner of Hyde Park, and the Said four named persons, Mr. Thomas, Mr. Sharman, Mr. Ballard and Woodford, went all together down Pitt St., towards Hunter Street. That Lieut. Butcher directly undressed and went again to bed. But in about a quarter of an hour afterwards, Mr. Thomas, Mr. Ballard and the Servant, Woodford, came to Examinant's house and requested to see Lieut. Butcher. They all three entered the bedroom where Mr. Butcher then was in bed, and Mr. Ballard requested that Examinant would bring him

1813.

3 Aug.

Examination of
Hester Stubbs.

1813. 3 Aug.

Examination of
Hester Stubbs.

Inquiry demanded by Butcher and

Thomas.

Copies of documents demanded before trial.

a half pint of Spirits at the Same time giving her a Bill to pay for it, amount Five Shillings. Saith that she went to William Roberts's, the Sign of the King's Arms in Hunter Street, and purchased the half pint of Spirits, and returned home, and gave it to Mr. Ballard. It was drunk in the room, and then the whole three, namely Doctor Thomas, Mr. Ballard and Woodford went away, leaving Lieut. Butcher in bed, and she saw no more of them that night. That at the time Lt. Butcher was approaching the Watchhouse, upon seeing Mr. Ballard going in thereto, Mr. Butcher Saith there's Ballard going in, he is the fittest to deal with them, for he has a blustering kind of way or words to that effect-but Examinant is inclined to believe that these were the express words.

Sworn before me,-D. WENTWORTH, J.P.

her

HESTER X STUBBS.

mark

[17] Lieut. Butcher and Surgeon Thomas to Governor Macquarie. His Majesty's Sloop Samarang,

Sir, Sydney Cove, 14th April, 1813. We, the undersigned, being Officers in His Majesty's Navy, feel ourselves Compelled not only from a Sense of public Duty, but a duty we owe ourselves, to call your Excellency's attention to charges preferred against us, which can be proved to be malicious groundless and false, and it is with infinite regret we observe your Excellency has been pleased to prefer the deposition of a Watchman to that of Gentlemen of honor and integrity, and also declared in your public correspondence our conduct to have been outrageous and illegal, and as that correspondence is to be transmitted to Our Commander in Chief in India, we, from a firm conviction in not having in a Single instance violated the laws of this Colony, and that we can refute any charges alledged against us, have to request, as all the Officers belonging to this Ship are present, you will be pleased to institute whatever Court of Justice you may deem most proper, in order that our Conduct may be impartially investigated, and to remove that Stigma which has been unjustly thrown on our character.

Previous to appearing before any Criminal Court of Justice, we conceive it necessary that a Copy of all Charges, and other documents of a Criminal nature should be furnished us, not only as Security to ourselves, but that the whole proceedings in this very unpleasant affair may be laid before His Excellency Vice Admiral Sir Samuel Hood under whose Command we have the honor to serve, who will no doubt make it a Subject of public

investigation, and shew to us that Justice which is due to the Rank and Character of Officers in His Majesty's Navy.

We have, &c.,

J. B. BUTCHER, 2d Lieut.

WM. SETIN THOMAS, Surgeon.

[18] Governor Macquarie to Lieut. Butcher and Surgeon Thomas. GOVERNOR MACQUARIE has received the Letter addressed to him by Lieut. Butcher and Surgeon Thomas of His Majesty's Ship Samarang dated 14th Inst.

1813.

3 Aug.

summoned

The Governor in reply to their Letter, begs leave to inform Officers to be them, that he has left Orders with the Superin'd't of Police to before bench Summon the Officers of the Samarang, Charged with having of magistrates. Committed a Breach of the Peace Some time since at Sydney, before a Bench of Magistrates to Answer to the Charges preferred against them, and by which Tribunal Strict and impartial Justice will be administer'd to them. On application to the Superin'd't of Police, he will inform the Officers of the Samarang implicated in the Breach of the Peace in Question of the Nature thereof.

Windsor, 16th April, 1813.

Sir,

[19] Lieutenant Butcher to Governor Macquarie.

His Majesty's Sloop Samarang,

demand for a withdrawal of

Sydney Cove, New South Wales, 5th May, 1813. The very unpleasant Circumstance which recently occurred Butcher's respecting the depredations Committed on the premises of Thomas Clarkson, which Your Excellency has deemed proper to charges. declare in Your Public Correspondence to be outrageous and illegal, and that I have been a principal concerned in it--had Your Excellency been fully convinced of that, of Course I should with the Other Officers accused been Summoned to appear with them-it therefore becomes me, as a duty I owe my own Character and reputation, to call upon Your Excellency to recall those Charges, which from the fullest Conviction You have found to be ungenerous, groundless and false.

Under those Circumstances I have only to request that as the whole proceedings must be laid before Vice Admiral Sir Samuel Hood and become a subject of public investigation, Your Excellency will be pleased to furnish me with an Official Document, stating my acquittal of the whole of the Charges, as it will be the means of doing away that apparent Odium which hangs over my Character as an Officer in His Majesty's Navy. I have, &c.,

J. B. BUTCHER, 2nd Lieut.

1813.

3 Aug. Butcher's letter to be submitted to the admiralty.

Copy of affidavit to be given to Butcher.

Reasons for non-issue of summons to Butcher.

Injuries sustained by Blaxcell.

Seizure of a launch by Case's orders.

[20] Governor Macquarie to Lieutenant Butcher. GOVERNOR MACQUARIE has received the Letter addressed to him under this date by Lieut. Butcher of H.M. Ship Samarang, which being of a highly disrespectful nature, the Governor will not fail to Submit for the Consideration of the Lords Commis sioners of the Admiralty, together with the whole of the Correspondence respecting the Breach of the Peace Committed by the Officers of the Samarang in the Town of Sydney in March last.

In Case Lieut. Butcher wishes to be put in possession of a Copy of the Affidavit on the Strength of which the Governor inserted Mr. Butcher's Name in his public Letter to Captain Case on this Subject, he will be furnished therewith on his making application for it to D. Wentworth, Esqr., Superin't of Police.

The reason of Lieut. Butcher's not being summoned by the Supt. of Police to appear before the Bench of Magistrates along with the other Officers of the Samarang, was, that neither Mr. Clarkson, nor the Constables, could swear to his person; tho' the former entertained a very Strong Suspicion that Lieut. Butcher was one of the Party that Committed the alledged Depredations on his Premises. It has since appeared, however, that his person was mistaken for that of Lieut. Strover of the same Ship, who has come forward, in a very handsome liberal manner, to acknowledge that he was one of the party alluded to. Government House, Sydney, 5th May, 1813.

Sir,

[21] Mr. Garnham Blaxcell to Governor Macquarie.

Sydney, 29th July, 1813.

It is contrary to my wish or inclination to intrude upon Your Excellency's busy moments, but necessity Compels me to seek at your hands, that redress, which I cannot obtain thro any other Channel.

Without any allusion to the injury I have sustained by Captain Case withholding from me the Amount of my demand upon the Samarang, or to his unjustifiable Conduct in forcibly taking from my Yard two Carpenters who were building Whale Boats for the Fishery (and which Men he still retains) I have now to Complain of his having this Morning sent an Officer and Boat's Crew alongside the Brig, Governor Macquarie, and demanded my Launch for the Use of his Vessel. Upon the Master informing the Officer that the Boat was wanted for the purpose of taking from the Shore the Necessary Provisions for the Voyage, He said his orders were to take her by force, which he accordingly did, to my very serious injury and detriment.

1813.

3 Aug.

Blaxcell's

I therefore respectfully hope Your Excellency will interpose Your Authority, And, as His Majesty's representative, afford me protection and Support, as I find all my exertions in Colonial appeal for pursuits are rendered totally abortive thro' the measures resorted protection. to by Captain Case. I have, &c.,

G. BLAXCELL.

EARL BATHURST TO GOVERNOR MACQUARIE.

(Despatch No. 22, per transport Wanstead; acknowledged by Governor Macquarie, 19th January, 1814.)

Sir,

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to embark

On the arrival of The Earl Spencer you will have received Relief of 73rd regiment. the orders of H.R.H. The Comr. in Chief for the removal of the 73rd Regt. to Ceylon; and the Ships, General Hewitt and Windham, will sail shortly with the 46th Regt. to relieve them. These Ships being chartered at a great Expence, it is very Preparations desirable that they should be detained at Port Jackson as short to be made a time as possible, and you will make every Exertion to have the the regiment. 73rd ready to embark on their Arrival. But as the withdrawing of the Detachments at the out Settlements will necessarily take up some time, I avail myself of the departure of a Vessel, which will leave this Country before the Transports, to suggest to you the Measure of relieving those Detachments by means of the Invalid Company: If this can be done, the 73rd will be collected at Head Quarters and ready for Embarkation on the Arrival of the Ships destined to convey it to Ceylon. If no Accident has befallen the Colonial Brig Kangaroo, which is now on her Voyage, this Vessel will be of great use to you in removing the Detachments of the 73rd which are at Van Dieman's Land.

I have, &c.,

BATHURST.

UNDER SECRETARY GOULBURN TO GOVERNOR MACQUARIE. (Despatch per transport Wanstead; acknowledged by Governor Macquarie to Earl Bathurst, 28th April, 1814.)

Downing Street, 6 August, 1813.

6 Aug.

John Harris.

Sir, I am directed by Lord Bathurst to transmit to you the Memorial of Copy of a Memorial addressed to his Lordship by Mr. Harris, formerly Surgeon of the 102d foot, who is about to return to his Property in New So. Wales, having availed himself of the Medical Regulations which permit officers after a certain period of Service to retire upon full Pay.

As it appears that this Gentleman accepted of the Office of a Magistrate in the Colony after the Arrest of Governor Bligh, and that he has already received a Grant of 750 Acres of Land

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