Page:History of Australia, Rusden 1897.djvu/558

Archdeacon Scott had reduced to the second position in his church. Lord Bathurst had (Sept. 1824), directed Brisbane, in conjunction with the Chief Justice and the Archdeacon, to examine "certain points in the case of the prosecution directed by Dr. Douglass against Mr. Marsden." In January he directed him to examine, with the same aid, "three points of accusation which have been made against Dr. Douglass, on the confirmation or refutation of which I shall form my decision as to the propriety of retaining him in official situation in the colony." Douglass had been accused of habitual drunkenness, and of ordering torture of a prisoner. Formal depositions had been made by a man named Bradley, and they were sent out by Lord Bathurst, who added: "I have to direct you to apply to Mr. Marsden to bring before you the statement which he has transmitted to England with respect to the alleged fact of Dr. Douglass having ordered a convict to be flogged with a view of extorting confession from him."

On the same day, so confident were Douglass's friends in the Colonial Office, a despatch appointed him Clerk of the Council with a salary of £800 a year; he was to assume the duties if the inquiry was "unequivocally favourable" to him. If it should be unfavourable the suspension by Lord Bathurst was to be continued until otherwise ordered. Marsden, when called upon by the Court (Brisbane, Forbes, and Scott), informed them that he had sent no statement to Lord Bathurst, but that as his name had been involved in the matter he was prepared to establish the charge of torture, lest it should be thought that he "shrank from a fair inquiry." The Governor, who had written so earnestly against Marsden to the Colonial Office, found sympathy in Forbes, and the Court declared that "such an inquiry not falling within his Lordship's instructions, the Court (15 July 1825) do not deem it expedient to advise the same." Marsden sharpened the point for investigation, by saying that one Bayne had been cruelly punished by Douglass. Bayne was to be found, for he was employed as one of the Governor's boat's crew. Judge Forbes said that the Court left it entirely to Marsden's discretion whether he would put forward the case of Bayne. He quoted Lord Bathurst's direction to "apply to Mr. Marsden" for "the statement