Page:History of Australia, Rusden 1897.djvu/560

case; he had witnesses ready. The clerk who recorded Douglass' order, the constable who witnessed the punishment, the flogger who inflicted it, the gaoler who counted the stripes, the man who received them, all were there, but injustice in high place refused to hear them. It seemed impossible to hear them and to confer office upon Douglass.

The Governor's private secretary forthwith informed Douglass that the "inquiry into the several matters of charge having been favourable," his commission as Clerk of the Council would be issued. From the vantage ground thus obtained, Douglass resolved to damage Marsden by accusations which would revive and aggravate the charges formerly made against him for severity. Before the resolution could pass into action, the public were astounded at a new phase in the "Torture" proceedings. The Grand Jury at Parramatta made a presentment inculpating Douglass and other magistrates for having on thirty occasions ordered prisoners to be flogged in order to extort disclosures of guilt. The Sydney Gazette published the presentment. The Attorney-General wrote immediately to the Governor. He thought the whole matter ought to be inquired into. The friends of Douglass were alarmed, when amongst several others a true Bill was found against Douglass on the very charge which the commission ordered by Lord Bathurst had refused to examine. They had brought against Marsden and others charges which had been dismissed by the Grand Jury for want of evidence. They then caused them to be brought privately before the Attorney-General; eight were thus submitted. In justice to the magistracy it must be stated that when called upon by Saxe-Bannister to explain the charges made against them, several thanked him for his courtesy, but did not think it necessary to say more than that they were anxious for public investigation of their conduct.

Douglass by no means courted the inquiry from which the Governor and the Chief Justice had rescued him. Forbes, eminent for ability, determined by a sudden blow to arrest the law. The first step taken was to consider in Council (30th Aug.) a letter from the Attorney-General respecting the presentment of the Grand Jury at Parramatta, and to call for the records of the benches of magistrates at