The convicts whose terms of transportation had expired were now collected, and by the authority of the governor informed, that such of them as wished to become settlers in this country should receive every encouragement; that those who did not, were to labour for their provisions, stipulating to work for twelve or eighteen months certain; and that in the way of such as preferred returning to England no obstacles would be thrown, provided they could procure passages from the masters of such ships as might arrive; but that they were not to expect any assistance on the part of Government to that end. The wish to return to their friends appeared to be the prevailing idea, a few only giving in their names as settlers, and none engaging to work for a certain time.
We had twice in this month found occasion to assemble the court of criminal judicature. In the night of Saturday the 16th, a soldier of the marine detachment was detected by the patrols in the spirit cellar adjoining to the deputy-commissary’s house, the lock of which he had forced. On being taken up, he offered, if he could be admitted an evidence, to convict two others; which being allowed, the court was assembled on the 19th, when two of his brother soldiers were tried; but for want of evidence sufficiently strong to corroborate the testimony of the accomplice, they were of necessity acquitted. Godfrey the accomplice was afterwards tried by a military court for neglect of duty and disobedience of orders in quitting his post when sentinel; which offence being proved against him, he was sentenced to receive eight hundred lashes, and to be drummed out of the corps. In the evening of the day on which he was tried (the 21st) he received three hundred lashes, and was drummed out with every mark of disgrace that could be shown him. In a short time afterwards the two soldiers who had been acquitted were sent to do duty at the South Head. There was little room to doubt, but that in concert with Godfrey they had availed themselves of their situations as sentinels, and frequently entered the cellar; and it was judged necessary to place them where they would be disabled from concerting any future scheme with him.
A convict was tried for a burglary by the same court, but was acquitted. On the 27th another court was assembled for the trial of James Chapman, for a burglary committed in the preceding month in the house of John Petree, a convict, in which he stole several articles of wearing apparel. Charles Cross and Joseph Hatton, two convicts, were also tried for receiving them knowing them to be stolen. Chapman the principal, refusing to plead any thing but guilty, received sentence of death. Against the receivers it appeared in evidence, that after the burglary was committed the property was concealed in the woods between Sydney and Parramatta, at which place all the parties resided; that having suffered it to remain some weeks, Chapman and Cross went from Parramatta to bring it away; and while they were so