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'■ The evidence that was brought before the court clearly eftablifh-
ed that the deceafed had come to their death by the means o f the
prifoners ; and the members of it were unanimoufly o f opinion that
they were “ guilty o f hilling two natives ;” but, inflead o f their receiving
a fentence o f death, a fpecial reference was made to his
Majefty’s minifter, and the prifoners were admitted to bail by the
court.
The prifoners, in their defence, brought forward a croud o f wit-
neffes to prove that a number o f white people had at various times
been killed by the natives; but, could thefe people have been
fufficiently underftood, proofs would not have been wanting on
their fide, o f the wanton and barbarous manner in which many
o f them had been deftroyed.
Entertaining doubts as to the light in which the natives were to
be held, the court applied to the governor for fuch information as
he could furnifh upon this fubjeCt; and he accordingly fent them
the orders which from time to time had been given refpeCting
thefe people, and a copy o f an article in his Majefty’s inftruftions
to the governor, which in ftro.ng and exprefs terms places them
under the protection o f the Britilh government, and directs, that i f
any o f its fubjeCts fhould wantonly deftroy them, or give them
unnecefiary interruption in the exercife o f their feveral occupations,
they were to be brought to punifhment according to the degree and
nature of their offence.
In this inftance, however, the court were divided in their fenti-
ments refpeCting the nature of the offence, and fubmitted the whole
bufinefs, with their doubts, to his Majefty’s minifter. As they
could not fee their way diftinCtly, they certainly were right to apply
for afliftance ; but, as It was impoffible to explain to the natives,
or caufe them to comprehend the nature o f thefe doubts, it was to
be expected that they would ill brook the return o f the prifoners
to their farms and occupations, without having received fome punifh-
mentt a circumftance wholly inconfiftent with their own ideas and
cuftoms;
cuftoms ; and, indeed, they loudly threatened to burn the crops as
foon as it could be effected * . Fire, in the hands of a body o f irritated
and’ hoftile natives, might, with but little trouble to them,
ruin the profpeCt o f an abundant harveft ; and it appeared by this
threat, that they were not ignorant o f having this power in their
hands ; it was, therefore, certainly very effential to the comfort
and fecurity of the fettlers in particular, that they fhould live with
them upon amicable terms.
Towards the latter end of the month, the Walker whaler came
in from fea, not having met with any fuccefs, though cruifing in
the height o f the fummer feafon. She had fpoke the Albion,
which, though out a longer time, had been equally unfuccefs-
ful.
The public gaol at Sydney ftill wanting much o f its completion,
from the infufficiency o f the fums which had been railed to carry
it o n ; and it appearing that moft o f the officers had already paid to
the amount o f forty pounds each as an individual fhare o f the expence,
it became indifpenfably requifite that fome means fhould be
immediately adopted to finifh the building ; and, as the price of
wheat had, at the urgent and repeated folicitation o f the fettlers,
been fpr this feafon continued at ten fhillings per bufhel, it was
propofed tb raife a fum for this purpofe, by each perfon leaving in
the hands o f the commiflary fixpence for every bufhel o f wheat
they fhould put into the ftore. This contribution would be the
leaft felt, and was to ceafe fo foon as a fum fijfficient for the purpofe
was collected.
There not being at this time more than five months’ provifion
in the ftore at full allowance, it became neceflary to iflue only two-
thirds o f the weekly ration; and this was ordered to commence on
the firft o f the enfuing month, A trifling addition was made to
the quantity in ftore, by the purchafe o f about feventy cafks o f fait
provifions which the mafter o f the Minerva had for fale.
• Fortunately, though greatly incenfed, they did not put this threat in execution,. .
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