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[Page 73]
when he denied their authority, as being convened by the Precept of Major Johnston who could have no authority to issue a precept without the Death or absence of the Governor. They then put off his Trial; but as he knew the charge was groundless; and that they only wished to harrass him by it, he would not again give Bail. On this they committed him to a Cell of the Common Jail, from whence many an unfortunate Creature had been dragged to the Gallows. There he lay until the 30th day of May, and then without giving him any previous notice to summon his Witnesses as they had done before, they suddenly brought him to their Court House, which was a Military Barrack. After some time the Court met consisting of Captain Anthony Fenn Kemp, their judge Advocate, William Kent Acting Commander of the Porpoise, Captain Edward Abbott, Lieut Wm. Moon, Lieut Thomas Laycock, Lieut Wm Lawson and Lieut Cadr. Draffen, all of the New South Wales Corps. The Judge Advocate read the Indictment - Mr Gore denied their authority and refused to plead, the Court was then cleared, and on its reopening their Judge Advocate pronounced sentence of Transportation for seven years; and he was sent
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