To remedy this evil, the governor repeated the order in which the hours of public labour were pointed out, and informed the superintendants and overseers, that if they should be known to take the liberty of applying to any other use or purpose the time designed to be employed for the public, they would be instantly dismissed from their employments, as persons who could not be depended upon; and they might rest assured, that any one, who had been proved unworthy the trust he had placed in him, would never be restored to a situation of which he was so little tenacious.
During this month died Mr. Henry Brewer, the provost-marshal of the territory, at the age of fifty-seven years. He came out with Governor Phillip as his clerk, and on our landing was appointed to act as provost-marshal in the room of the person appointed by the crown, Mr. Alexander, who never came out. Mr. Brewer afterwards received his Majesty's commission appointing him to the vacancy. There also died Andrew Fishburn, a private in the New South Wales corps, but formerly belonging to the marine detachment serving in this country, who had been very useful as a carpenter in the settlement; a soldier, who came out in the Cornwallis; one male convict, who died suddenly; one unfortunate man, John Williams, who was crushed to death by the wheel of a timber-carriage going over his head; and the settler's servant who was killed at the Hawkesbury; beside the seaman belonging to the Indispensable who was shot.
August.] A court of criminal judicature was assembled early in the month for the trial of several offenders who were at that time in confinement under different charges.
Four prisoners were tried for a burglary in the house of William Miller, but acquitted through a defect in evidence. David Lloyd was tried for the wilful murder of John Smith, the seaman belonging to the ship Indispensable. It appeared, that the seaman had repaired in a state of intoxication to the house of Mr. Payne, for the express purpose of taking from a female convict, (then living as a servant at Mr. Payne's, and with whom he, the seaman, had cohabited during the passage) some clothes which he had given her. A riot, the natural consequence of such a proceeding, ensued; and the prisoner endeavoured to make it appear that he had been compelled in his own defence to fire the pistol which caused the death of the seaman. The court admitted that the prisoner had not any of that malice in his heart against the deceased which is necessary to constitute the crime of murder, and therefore acquitted him of that charge; but found him guilty of manslaughter, and sentenced him to receive six hundred lashes. John Fenlow was tried for the wilful murder of his servant, David Lane. This charge was fully made out, and the prisoner received sentence to die. Matthew Farrel, who (with Richard Sutton, the Newgate Bully) assaulted the watch on the night of the 17th of March last, having in the course of that contest received a wound on the temple which proved incurable, and occasioned his death some time after, the watchmen were now brought forward to account for the death of the deceased. This they did very satisfactorily, and were discharged. Four vagabonds, who had repeatedly broken out of prison, and run away from the jall-gang, were tried as incorrigible rogues, and being found guilty, were sentenced to three years hard labour at Norfolk Island; and one man was tried for a rape, but acquitted. Fenlow, being tried on the Saturday, was executed on the following Monday. His body being delivered to the surgeons for dissection pursuant to his sentence, a stone was found in his gall bladder, of the size of a lark's egg. This unhappy man was remarkable for an extreme irascibility of temper: might it not have been occasioned by the torment that such a substance must produce in so irritable a situation? He however, the night before his execution, confessed that the murder which he committed was premeditated. Notwithstanding which, he had, the day before he was tried, prepared an opening through the brick wall of his cell, purposing, if it had not been discovered in time, to have availed himself of it to escape after his trial. It could scarcely be supposed, that among the description of people of which the lower class was formed in this place, any would have been found sufficiently curious to have attended the surgeons on such an occasion; but they had no sooner signified that the body was ready for inspection, than the hospital was filled with people, men, women, and children, to the number of several hundreds; none of whom appeared moved with pity for his fate, or in the least degree admonished by the sad spectacle before their eyes.
On Monday the 8th the snow Susan sailed on her voyage to Canton. Two women, Sarah Nitchell and Elizabeth Robinson, and a few men, were allowed to quit the colony in this vessel.
His Royal Highness the Prince of Wales's birthday was duly distinguished by us on the 12th of this month. Such days had never been neglected by the colonists of New South Wales.
A civil court was again held on the day following, when several persons who had been arrested by writs issued from the last court were brought up; many of whom, being settlers, gave assignments on their coming crops of wheat for the different sums in which they were indebted. Several other debts were sworn to, and writs issued. Had those defendants who were thus suffered to give assignments on their crops then in the ground been thrown into prison at the suit of the different plaintiffs, their ruin would have been certain, and the debt would have remained unsatisfied. This method was tried, as being something more beneficial to both parties; but they were in general of such a thoughtless worthless description, that even this indulgence might induce them to be, if possible, more worthless and thoughtless than before, as, to use their own expression, they had now 'to work for a dead horse.'
On the 23rd (the signal for a sail having been made at the South Head, the day before), there anchored in the stream, just without the two points of Sydney Cove, the ship Grand Turk, from Boston, after a passage of five months from that port. She had been twenty-three days from Van Dieman's Land, meeting with a current, during several days, that set her each day twenty-one miles either to the SE or NE. We found on board as supercargo, Mr. McGee, who was here before in the Halcyon with Mr. Benjamin Page. He brought news from Europe as late as January last, by which we learned that the war still raged. Mr. McGee had on board for sale, spirits, tobacco, wine, soap, iron, linseed oil, broadcloth, etc., etc., for this market, Manilla, and Canton. The tobacco (eighteen hogsheads) were immediately bought for one shilling and three half-pence per pound, and government purchased some of his spirits at seven shillings per gallon.
During this month a long-boat belonging to his Majesty's ship Reliance, which had been sent to Botany Bay in July to procure fish, was given up for lost, with five or six seamen. They were known to have quitted Botany Bay, and, not having been heard of for some weeks, were conjectured to have taken the boat away to the northward, where, being without compass or provisions, except the few fish they had caught, it was more than probable they had perished.
The jail-gang at this time, notwithstanding the examples which had been made, consisted of upwards of twenty-five persons; and many of the female prisoners were found to be every whit as infamous as the men.