[163] Murdoch's evidence: Par. Pap.

[164] Sydney Gazette, 1829.

[165] Bigge's Report.

[166] The 9th Geo. iv. enacted (omitting superfluous words), "That any offender assigned under 5th Geo. iv. shall not be assigned by the master to any other person without the consent of the Governor, who may as shall seem meet revoke such assignment and grant remissions, as may be best adapted to the reformation of offenders, and revoke and renew them as occasion may require, any act of parliament notwithstanding."

SECTION XII

One of the earliest (1824) and chief difficulties of Governor Arthur's administration sprang from an out-break of prisoners at Macquarie Harbour, who divided in their progress, and collected several formidable bands. The efforts to escape from that dreary region had been numerous, but unsuccessful: the unhappy beings who wandered into the woods, found no sustenance, and died either from exhaustion or by the hands of each other; or when they endeavoured to ford the Gordon, and attain by a more direct course the settled districts, they were either drowned or taken. During the first five years, when not more than two hundred were confined there, one hundred ventured on this dangerous enterprise, notwithstanding their ignorance of the route, and the almost certain starvation which awaited them. Prisoners arriving from Hobart Town gave them erroneous tidings respecting the absconders, and delusive hopes of success, and thus the foolish and desperate were prompted to hazard the perils of flight.

The first (1822) adventurers were John Green and Joseph Sanders; never heard of more: six others followed a few days after, and encountered a similar fate. They were pursued by two soldiers and three prisoners, who took with them a fortnight's provision and hunting dogs. The rain continued for seven weeks after their departure, and it was presumed they perished from exhaustion.[167] Another party formed a catamaran, but it parted when they had proceeded a short distance; and they were rescued from its fragments by the soldiers. Eight others left in the following September, and all lost their lives, except Pearce, whose narrative will be noticed hereafter.

At Macquarie Harbour, the first commandant was Lieutenant Cuthbertson, a soldier who had been in eighteen general engagements; yet was glad of an appointment, to supplement the deficiency of his pay. His discipline was severe, but of brief duration. A small vessel, built at the harbour, was in danger, and Cuthbertson ordered out his own boat to its relief; this he effected: on returning, his boat was upset, and all, except two, were drowned. Cuthbertson was thrice raised by one of the crew; but finding his strength unequal to retain his hold, he said, "man, save yourself; never mind me—it is no use." On the death of the commandant, the chief authority devolved on a non-commissioned officer. The prisoners were disposed to question his right to obedience: his government was vigorous, and he flogged with redoubled frequency.[168]

In June, 1824, two parties absconded from Macquarie Harbour: one, consisting of three persons only, who seized the soldiers' boat, provisions, and arms. They proceeded about twelve miles, when they moored the boat to a stump of a tree, and wrote on its stern with chalk, "to be sold:" of this party no tidings were ever heard, and it is supposed that they perished. The second left five days afterwards, and were, for a time, more fortunate. Having resolved to escape, they proposed to capture the barge of commandant Wright; but suspecting their intention, he pushed off before they could reach it, leaving behind the surgeon. This gentleman they threatened to flog, and prepared the instrument of punishment; Brady interposed, and thus began his fatal career by an act of gratitude. He had experienced some kindness from the surgeon when a patient, and forgave his official attendance at the triangles. These men were usually friendly to the doctors: another medical gentleman, afterwards taken prisoner by Brady and his gang, was allowed to retain his lancet, and treated with respect, although robbed of his money. A few days before, he had released one of the party from punishment, by alleging his physical inability. It was thus in the power of the surgeons to favor the prisoners, and to mitigate the sentence of a rigorous magistrate.

The party having obtained a boat, proceeded towards the Derwent, and were pursued by Lucas, the pilot, without success. They left on the 9th, and appeared on the east coast of the Derwent on the 18th June, at the residence of Mr. Mason: having beaten him with great violence and cruelty, they next robbed a servant of Mr. Gunn of fire-arms. They were pursued by this officer, and five were captured. These were instantly placed on their trial, and were desirous of pleading guilty; but courts have always manifested dislike to such evasions of trial, and they retracted, on the persuasion of the chief justice. They attempted to extenuate their crimes by the hardships they had suffered, but in vain.