To check these enormities, the court of criminal judicature was assembled on the 11th of February, when three prisoners were tried; one for an assault, of which being found guilty, he was sentenced to receive one hundred and fifty lashes; a second, for taking some biscuit from another convict, was sentenced to a week’s confinement on bread and water, on a small rocky island near the entrance of the cove; and a third, for stealing a plank, was sentenced to receive fifty lashes, but, being recommended to the governor, was forgiven.

The mildness of these punishments seemed rather to have encouraged than deterred others from the commission of greater offences; for before the month was ended the criminal court was again assembled for the trial of four offenders, who had conceived and executed a plan for robbing the public store during the time of issuing the provisions.  This crime, in its tendency big with evil to our little community, was rendered still more atrocious by being perpetrated at the very time when the difference of provisions, which had till then existed, was taken off, and the convict saw the same proportion of provision issued to himself that was served to the soldier and the officer, the article of spirits only excepted.  Each male convict was that day put upon the following weekly ration of provisions, two-thirds of which was served to the female convicts, viz 7 pounds of biscuit; 1 pound of flour; 7 pounds of beef, or 4 pounds of pork; 3 pints of peas; and 6 ounces of butter.

It was fair to suppose that so liberal a ration would in itself have proved the security of the store, and have defended it from depredation; but we saw with concern, that there were among us some minds so habitually vicious that no consideration was of any weight with them, nor could they be induced to do right by any prospect of future benefit, or fear of certain and immediate punishment.  The charge being fully proved, one man, James Barrett, suffered death:  his confederates were pardoned, on condition of their being banished from the settlement.  Another culprit was sentenced to receive three hundred lashes; but, not appearing so guilty as his companions, was pardoned by the governor, the power of pardoning being vested in him by his Majesty’s commission.

His excellency, having caused one example to be made, extended lenity to some others who were tried the following day; and one convict, James Freeman, was pardoned on condition of his becoming the public executioner.

It appeared by the letters patent under the great seal of Great Britain, which were read after the governor’s commission, that ’the appointment of the place to which offenders should be transported having been vested in the crown by an act of parliament, his Majesty, by two several orders in council, bearing date the 6th of December 1786, had declared, that certain offenders named in two lists annexed to the orders in council should be transported to the eastern coast of New Holland,