On the 7th, a criminal court was assembled, when the following persons were tried; viz. Samuel Chinnery (a black) servant to Mr. Arndell*, the assistant surgeon, for robbing that gentleman; but he was acquitted. —— Smith and Abraham Whitehouse, for breaking into the dwelling-house of William Potter, a settler at Prospect Hill, and after cruelly treating the only person in the house, William Thorn, a servant) stripping it of all the moveables they could find, and killing and taking away some valuable stock; these were found guilty, and condemned to die: and two settlers, and six convicts, for an assault on one Marianne Wilkinson (attended with like circumstances of infamy as that on Mary Hartley in April last) of which three were found guilty, and sentenced, —— Merchant, alias Jones, the principal, to receive one thousand lashes; the others, Ladley and Everitt, eight hundred each.
[* This gentleman had, on the arrival of Mr. Leeds, been permitted to retire from the civil duties of the colony with a salary of fifty pounds per annum.]
These unmanly attacks of several men on a single woman had frequently happened, and had happened to some females who, through shame concealed the circumstance. To such a height indeed was this dissolute and abandoned practice carried, that it had obtained a cant name; and the poor unfortunate objects of this brutality were distinguished by a title expressive of the insults they had received.
On the 16th the two prisoners Smith and Whitehouse were led out to execution. Smith suffered, after warning the crowd which attended him to guard against breaking the Sabbath. Whitehouse, being evidently the tool of Smith, and a much younger man, was pardoned by the governor. His excellency, after the execution, expressed in public orders, his hope that neither the example he had that day found himself compelled to make of one offender, nor the lenity which he had shown to another, would be without their effect: it would always be more grateful to him to spare than to punish; but he felt it necessary on that occasion to declare, that if neither the justice which had been done, nor the mercy which had been shown, tended to decrease the perpetration of offences, it was his determination in future to put in execution whatever sentence should be pronounced on offenders by the court of criminal judicature.
A small printing-press, which had been brought into the settlement by Mr. Phillip, and had remained from that time unemployed, was now found very useful; a very decent young man, one George Hughes, of some abilities in the printing line, having been found equal to conducting the whole business of the press. All orders were now printed, and a number thrown off sufficient to ensure a more general publication of them than had hitherto been accomplished.