History of the Australian Bushrangers — John Shaqi
History of the Australian BushrangersBoxall, George
History
History of the Australian Bushrangers
Boxall, George
Bushrangers -- Australia
A sort of informal
drum-head Court Martial was held on the spot, and the libeller was
found guilty and sentenced to receive three hundred lashes, which were
administered at once, in spite of the protests of the victim that he
was a freeman and was therefore entitled to a judicial trial. When
two hundred lashes had been administered, a cry of 'Ship ho' was
raised, and the last hundred was got rid of as quickly as possible, the
Commandant, the flagellator, the spectators, and others all rushing
away to the wharf to hear the news from Europe."[11] If the law could
be thus set at defiance by a military official in the case of a free
immigrant holding a good position, what chance of justice could there
be for a convict? A story illustrating the reckless manner in which
prisoners were flogged is told by the _Launceston Advertiser_. "A
prisoner was found guilty of absconding, and sentenced to receive fifty
lashes, when some circumstances were disclosed which proved that the
prisoner was innocent, but had lost his pass. 'Never mind,' said the
Launceston magistrate, 'the warrant is signed, let him be punished now;
I will forgive him the next time he's brought up.'" The tyranny of the
officials was boundless. One Government rule was that all convicts
should take off their hats to officers and officials whenever they
passed. In January, 1839, a party of convicts was building some steps
at Woolloomooloo Bay, on Sir Maurice O'Connell's estate. Several of
them were rolling a heavy stone down to be placed in position when an
officer passed along and the convicts immediately rose up and took
their hats off. The stone rolled quickly down the steep embankment,
struck the overseer and knocked him down, almost breaking his leg.
Captain O'Connell gave orders that the men should not salute anybody
in future while at work. A few days later Colonel Wilson, Chief
Police Magistrate of Sydney, passed, accompanied by his daughter. The
convicts continued at work without noticing him. "Take off your hats,"
cried the Colonel. Several of the men did so, but Joseph Todd, who
was carrying a heavy load, took no notice. "Take off your hat, you
scoundrel," said the Colonel. Todd said he had been ordered not to.
The Colonel shouted "I'll have your back skinned for you, you rascal,"
called the sergeant of police who acted as guard, and gave Todd in
charge. Captain O'Connell appeared to defend his man and said Colonel
Wilson was trespassing and had no right to interfere with assigned
servants on their master's estate. Sergeant Goodwin deposed that the
path was a common one and people frequented it to get to the bathing
place. Sergeant Mather said that Todd had struggled when arrested.
The Bench held that Todd being an assigned servant had been guilty of
disorderly conduct in resisting the police. Had he been a freeman he
would have been justified in resisting arrest without a warrant; but,
being a prisoner, his conduct had been highly disorderly, and he was,
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