Transcription

[MS 234}

killed — thus the trial was usured in and at 10 Oclock on Monday the 25 Jany. the officers that composed the court mett and after the Judge Advocate had sworn in the six members — John McArthur Esqr objected to the Judge Advocate siting on his trial / an unprecedented act in this colony / and used the most infamous language against the Judge [script goes over onto facing page 235]  and upon which the Judge threatened to commit McArthur to gaol for contempt [back to page 234] When Captain Kemp the senior of the six officers declared that he would send the Judge Advocate to jail and seized all his official Papers that was then in court upon which the Judge was forced to leave the court and report these serious event to His Excellency Govr B. as I am informed the six members then Rote to His Ex - to appoint another Judge Advocate and received for answer that it could not be complied with deeming that the Judge was guilty of no crime — the members still continued to sit and McArthur craving their protection was granted - a military gard - [a number of crossed out indecipherable words] about an hour after the officers dismissed Mr Holby/ Lieutn of the N.S.W.-C. / told me that the gentlemen on the court had behaved well to McArthur for on asking them for protection they had granted him a military gard who received him with their --- [indecipherable  in their hands"   in the evening His Ex summoned all the Magistrates to attend at Govt House to consult what was best to be done in these alarming cases - but what took place I am not in possession of - but know that the Gov P.N. appeared before them and upon his affidavit that Mr McArthur was not in his custody / and how could he when under the charge of the military / how an escape was ------- [indecipherable] granted by the Bench of the Magistrates and 

[MS 235]

upon which the Judge thretened to commit McArthur to gaol for contempt

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