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[Page 2]
Captain Kemp particularly said, that he would commit the Judge Advocate. Mr. Atkins then said "You commit me Sir". I would Sir said Captain Kemp. Mr. Atkins then replied, that the Court was adjourned which they took no notice of; but desired Mr. McArthur to remain.
Captain Kemp said also, on Mr. McArthurs being desired to remain "We will protect you". Captn Kemp further said addressing himself to the Judge Advocate "You are no more than a Juryman and have no more power than one of us". After the Judge Advocate had taken his Hat and was at the Outside of the Bar, he again told them that the Court was adjourned, and further ordered the Court to be cleared. The Judge Advocate desired a Constable to bring his Papers; The Constable returned and gave him for answer, that the Members refused to give them up, saying, that they were public Papers; but they gave the Desk belonging to the Judge Advocate, on which the Papers were laying, while they kept all the Public Documents of the Crown. At three Quarters past Eleven the following letter was received
Sydney January 25th 1808
Sir
We the Officers composing the Criminal Court of Jurisdiction appointed by Your Excellency beg leave to state to you that a right of Challenge to the Judge Advocate Richard Atkins Esqr. has been demanded, by the Prisoner John McArthur Esqr. which we as a Court after mature and deliberate consideration have agreed to allow as a good and lawful Objection. We therefore submit to Your Excellency to determine on the Propriety of appointing another Judge Advocate to preside in the present Trial. We further Pray Your Excellency's protection in the Execution of our Duty having been grossly insulted and threatened by Richard Atkins Esqr., with a seeming view
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