History of the Australian BushrangersBoxall, George
History
History of the Australian Bushrangers
Boxall, George
Bushrangers -- Australia
The _Sydney Monitor_ of September 22nd reports that a shepherd on Mr.
H. Macarthur's run at Argyle ran away into the bush. He was captured,
and taken to Goulburn to be tried for absconding. He complained that
he had not received his proper allowance of rations, and had gone to
seek for food. He was of course found guilty, and, when sentenced to
be flogged, he sulkily said, "It's in the power of the likes of me to
have revenge when lambing time comes round." For this threat he was
sent to Liverpool for trial. He was convicted, and as a warning to
other shepherds he was sentenced to receive five hundred lashes and to
be transported to a penal settlement for life. The _Monitor_ denounced
this sentence as being "unduly harsh," and spoke of the heavy sentences
given whenever the Rev. Samuel Marsden, Principal Chaplain of New South
Wales, took his seat on the Bench. The chaplains were at that time all
_ex officio_ magistrates, and the Rev. Samuel Marsden was said to be
very active in the discharge of this portion of his duties. It is of
Mr. Marsden that Mr. J.T. Bigge says "His sentences are not only more
severe than those of other magistrates, but the general opinion of
the colony is that his character, as displayed in the administrations
of the penal law of New South Wales, is stamped with severity."[32]
Judging from the sentence under notice, it does not appear that the
reverend gentleman had become any more merciful since Commissioner
Bigge compiled his report some years before. The _Monitor_ charged him
with "helping to manufacture bushrangers." In this connection I may
mention that the opinion expressed by the "old hands" was that the
clerical magistrates were generally far more cruel and brutal than the
lay magistrates, and this opinion was crystallised into a cant phrase
which was current among the old hands many years later. It was "The
Lord have mercy on you, for his reverence will have none." This phrase
was used on all occasions, whether it was appropriate or not to the
subject under discussion or the circumstances of the time.
In the Windsor Court on February 10th, 1827, Mr. McCarthy was fined
£14 10s., including costs, for having employed a returned bushranger
instead of handing him over to the police for punishment. About the
same time a bushranger was charged in Sydney with having bailed up a
settler's house and compelled him to hand over some money and a bottle
of wine. Taking the wine was an aggravation of the offence which was
more than the worthy magistrate could stand. "What right," he demanded
of the delinquent, "have you to drink wine? Do you not know, you
rascal, that when you were convicted you forfeited all rights?" "Yes,
your honour," replied the culprit, "But, I didn't forfeit my appetite."
Public-domain text, read in full here on John Shaqi.
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