At Norfolk Island a court of criminal jurisdiction departed still further from the precedents of civil justice. An act authorised the government to convene a court of four military or naval officers, to decide on questions of life and death, even when free men were implicated.
[83] "Yesterday, the bench assembled, when a free man, formerly belonging to Fort Dalrymple, was found guilty of stealing a silver watch from George Guest, jun., his property, and sentenced to labor for the government for the term of five years, and moreover to receive 500 lashes."—Derwent Star, Feb. 6th, 1810.
[84] Holt's Memoirs, vol. ii. p. 202.
[85] Such punishments were not always unmerited, but they were capricious. A magistrate tied a carter to the wheel of his waggon, and inflicted 300 lashes for cruelty to his bullocks; but Dr. Montgarret ordered the blacksmith to be flogged, for presenting his bill!
[86] Mann's Picture of New South Wales, 1811.
[87] Bentham's Plea.
[88] Bigge's Jud. Report, p. 17.
[89] Ibid.
[90] Bigge's Jud. Report, p. 6. Wentworth, p. 43. edit. of 1820.
[91] Bigge's Report, p. 48.