A Narrative Of The Expedition To Botany Bay By Watkin Tench























































































































 -   The evidence on both sides being finished, and
the prisoner's defence heard, the court is cleared, and, on the judgement - Page 43
A Narrative Of The Expedition To Botany Bay By Watkin Tench - Page 43 of 90 - First - Home

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The Evidence On Both Sides Being Finished, And The Prisoner's Defence Heard, The Court Is Cleared, And, On The Judgement Being Settled, Is Thrown Open Again, And Sentence Pronounced.

During the time the court sits, the place in which it is assembled is directed to be surrounded by a guard under arms, and admission to every one who may choose to enter it, granted.

Of late, however, our colonists are supposed to be in such a train of subordination, as to make the presence of so large a military force unnecessary; and two centinels, in addition to the Provost Martial, are considered as sufficient.

It would be as needless, as impertinent, to anticipate the reflections which will arise in reading the above account, wherein a regard to accuracy only has been consulted. By comparing it with the mode of administering justice in the English courts of law, it will be found to differ in many points very essentially. And if we turn our eyes to the usage of military tribunals, it no less departs from the customs observed in them. Let not the novelty of it, however, prejudice any one so far as to dispute its efficacy, and the necessity of the case which gave it birth.

The court, whose meeting is already spoken of, proceeded to the trial of three convicts, one of whom was convicted of having struck a marine with a cooper's adze, and otherwise behaving in a very riotous and scandalous manner, for which he was sentenced to receive one hundred and fifty lashes, being a smaller punishment than a soldier in a like case would have suffered from the judgement of a court martial.

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