It was observed that the gangs at this place employed in different public works were seldom to be seen in the afternoon. On inquiry, it appeared that, notwithstanding the orders which had been given for the regulation of the public labour, the superintendants had taken it upon themselves to task the working people in such manner as they thought proper, and upon no other authority than their own will. By this abuse the work of government was almost wholly neglected, and the time of the labourers applied to the use of private individuals.
To remedy this evil, the governor repeated the order in which the hours of public labour were pointed out, and informed the superintendants and overseers, that if they should be known to take the liberty of applying to any other use or purpose the time designed to be employed for the public, they would be instantly dismissed from their employments, as persons who could not be depended upon; and they might rest assured, that any one, who had been proved unworthy the trust he had placed in him, would never be restored to a situation of which he was so little tenacious.
During this month died Mr. Henry Brewer, the provost-marshal of the territory, at the age of fifty-seven years. He came out with Governor Phillip as his clerk, and on our landing was appointed to act as provost-marshal in the room of the person appointed by the crown, Mr. Alexander, who never came out. Mr. Brewer afterwards received his Majesty’s commission appointing him to the vacancy. There also died Andrew Fishburn, a private in the New South Wales corps, but formerly belonging to the marine detachment serving in this country, who had been very useful as a carpenter in the settlement; a soldier, who came out in the Cornwallis; one male convict, who died suddenly; one unfortunate man, John Williams, who was crushed to death by the wheel of a timber-carriage going over his head; and the settler’s servant who was killed at the Hawkesbury; beside the seaman belonging to the Indispensable who was shot.
August.] A court of criminal judicature was assembled early in the month for the trial of several offenders who were at that time in confinement under different charges.
Four prisoners were tried for a burglary in the house of William Miller, but acquitted through a defect in evidence. David Lloyd was tried for the wilful murder of John Smith, the seaman belonging to the ship Indispensable. It appeared, that the seaman had repaired in a state of intoxication to the house of Mr. Payne, for the express purpose of taking from a female convict, (then living as a servant at Mr. Payne’s, and with whom he, the seaman, had cohabited during the passage) some clothes which he had given her. A riot, the natural consequence of such a proceeding, ensued; and the prisoner endeavoured to make it appear that he had been compelled in his own defence to fire the pistol which caused the death of the seaman. The court admitted that the prisoner