But whilst they were trembling with apprehension for their own safety, the eyes of the whole were suddenly turned from the contemplation of the general danger to that of Mr. Macarthur, a gentleman who was many years an officer in the New South Wales Corps, and who now possesses a large property in this Country.
The extent of Mr. Macarthur’s estate, the number of his flocks and herds, it had been long seen, had made him extremely obnoxious to Gov’r Bligh. Mr. Macarthur, sensible how much he had to dread from the ill-will of an officer of the Gov’r’s well-known character, endeavoured to provide for his security by the most scrupulous circumspection and prudence of conduct. Secluded in a profound retirement on his estate, and unceasingly engaged in its management and the care and education of his children, his name was never heard of in any public business; but neither caution nor prudence could long shield him from the hostile spirit of the Governor. The attack was first commenced upon his reputation, and terminated in the imprisonment of his person in the Common Gaol.
After a variety of introductory measures, which your Lordship will find detailed in the copy of the proceedings of a Court of Criminal Judicature, to which I shall hereafter refer, Mr. Macarthur surrendered as a prisoner at its bar on the 25th of last January, charged with two separate misdemeanours. When the members of the Court had been sworn in, and they were proceeding to swear in Richard Atkins, Esq., the Judge-Advocate, Mr. Macarthur presented a protest, in which he urged a variety of objections against that officer’s presiding at his trial. Mr. Atkins endeavoured to prevail upon the Court not to receive or hear the protest read; but the members being of opinion it ought to be heard, directed Mr. Macarthur to proceed. The Judge-Advocate then retired from his chair and waited until Mr. Macarthur had read the protest. When that was done he advanced again, and declared Mr. Macarthur should be immediately committed to Gaol.
The Court then interfered on behalf of Mr. Macarthur, and after a long altercation the Judge-Advocate retired from the Court-House, leaving behind him his papers.
These were immediately taken possession of and examined by the Members, and those papers led to a discovery that the whole plan of the trial had been arranged, and every question prepared that was to be asked the evidence of the prosecution by the infamous Crossley.
A very awful impression was made upon the minds of the inhabitants, as I have been informed, when they saw Mr. Macarthur taken to the gaol; many respectable persons hastened to him; and when the Court assembled at 10 o’clock his two bonds men presented a copy of the Warrant for his apprehension and a deposition from themselves.
The Court directly wrote to the Governor a letter expressive of their concern and praying Mr. Macarthur might be restored to his bail. To this letter no answer was given, and the Court having waited till 3 o’clock adjourned.