Page:History of Australia, Rusden 1897.djvu/467

quently enforced his opinion on cognate questions. When Bligh under cross-examination was asked whether he could not with "Atkins' consent have suspended him and appointed another Judge-Advocate ad interim," Mr. Manners Sutton declared "this question involves so many things, and really amounts to a matter of opinion founded upon such complicated considerations as it is utterly impossible, I should say, for the witness to answer." There were several important points. One was "whether the Governor can accept the resignation of the Judge-Advocate. For anything I know, he may; but that is also a consideration."

The question was not put, and the fact that a few years before Bligh's deposition his predecessor appointed another Judge-Advocate when the members of the Court had placed the first under arrest was never brought forward at Johnston's trial, although documentary proofs were at the War Office, where Sir Charles Morgan in commenting on the transaction in a despatch to Governor King took no exception to that part of the proceedings of the Court at Sydney.

When Bligh was examined about his relations with Crossley, Mr. Manners Sutton apprehended that there was "considerable delicacy in questioning a Governor as to what passed between him and the persons whom he occasionally consulted." Bligh was responsible for his acts, but not for "the act of advising with another." On this point the fifteen military gentlemen of the Court shrank from their Judge-Advocate. Johnston appealed to them, and finding he had gone too far, Mr. Manners Sutton gave way,

"it being strongly felt by the officer on trial that it was this confidential communication with Mr. Crossley, no matter whether right or wrong, which did excite so great a ferment at that time in New South Wales. I am sure the Court, having heard that stated, there being no legal objection to the questions, will not withhold their permission if it is thought necessary to press them."

Nevertheless an air of courtesy pervaded the Court, which concluded its labours on the 5th June.

It will be remembered that Johnston had sent to Lord Castlereagh a confession made by Bligh's bailiff, and other papers, to prove that Bligh had connived at frauds committed upon the public property. He had also repeated to