Primary tabs
Transcription
[Page 1]
Memorandums of the Proceedings of the Criminal Court assembled on Monday the 25th day of January 1808 about ½ past Ten O'Clock
Members
The Judge Advocate
Captn Anthy Fenn Kemp Lieutt John Brabyn
Lieutt William Moore Lieutt Thos Laycock
Lieutt William Minchin Lieutt William Lawson
The Judge Advocate having sworn the Members in, Mr. McArthur a Prisoner at the Bar, began by saying, that he protested against Richard Atkins Esquire sitting as Judge. The Judge Advocate replied, that there could be no Court until the Judge Advocate was sworn in And he applied to Captain Kemp as senior member to be sworn in, agreeable to the established Practice of Criminal Courts in this Colony which Captain Kemp refused to do and said that he would hear Mr. McArthurs reasons, and Lieutenant Lawson immediately repeated "We will hear him." On which the Judge Advocate again repeated, that there could be no Court, until the Judge Advocate was sworn in, and said, as it was their determination to hear Mr. McArthur, that he, the Judge Advocate should retire from his seat; which he did. They then suffered Mr. McArthur to proceed, which he did in a strain of Personal and Public invective, addressing himself to the Six Members as well as to the Public, in general in a very peculiar manner. That after Mr. McArthur had finished, the Judge Advocate rose from the Bench to which he had retired, and addressed himself to Mr. McArthur, saying that as Judge of Record, and Judge Advocate, and Magistrate of this Territory, he would issue a Warrant and commit him to His Majestys Gaol, Mr. McArthur then claimed the Protection of the Six Members, and Captain
(1)