Page:History of Australia, Rusden 1897.djvu/434

characters of juror and judge were combined, and that his authorities were therefore to the point.

Atkins vainly endeavoured to interrupt the reading of the protest, which was wound up by an appeal to the officers of the New South Wales Corps; "to them the administration of justice is committed; and who that is just has anything to dread?" Atkins, still unsworn, threatened to commit Macarthur, but one of the officers (Kemp) retorted, "You commit! No, sir, I will commit you to gaol." Atkins then called out that he adjourned the Court, but the officers declared themselves a Court without him. Atkins left the place. Macarthur appealed to the Court for protection, deposed that he was informed that armed persons, associated with Crossley, were prepared to carry into execution a warrant from Atkins; and therefore, declining to give bail, asked for a military guard. The officers desired some of the soldiers to guard him. The Provost-Marshal forthwith acquainted Atkins, who, with Messrs. Arndell, Campbell, and Palmer, magistrates, issued a warrant to lodge Macarthur in gaol. This warrant was executed early on the 26th Jan.; but in the meantime the members of the Court had been in constant communication, on the 25th, with the Governor. They told him they had allowed Macarthur's objection to Atkins, asked him to appoint another Judge-Advocate to preside, and prayed for protection against the gross insults and threats of Atkins. Bligh (at "half-past noon") told them there could be no cause of challenge against the Judge-Advocate, "without whose presence there could be no Court-that Atkins had a right to commit any one who insulted him in Court;" and directed that Atkins should sit. The officers rejoined that they could not consistently with their oath or their consciences sit with Atkins, and prayed His Excellency's further consideration, styling themselves "faithful and obedient servants." Bligh (at "quarter past two o'clock") took no notice of this appeal, but "required" the officers to deliver to the Provost-Marshal and Bligh's secretary the papers left by the Judge-Advocate on the table, and those read by Macarthur, "that they may be delivered to the Judge-Advocate, His Majesty's legal officer." The officers enclosed to Bligh a copy of a deposition by Macarthur, praying for