Early in 1637 a court was established by the Maryland authorities, in Kent Island, and toward the close of that year Captain George Evelin was appointed commander of the island. Many of Clayborne's adherents there refused to submit to the jurisdiction of Lord Baltimore's colony, and the governor, Leonard Calvert, found it necessary to repair there in March, 1638, in person, with a military force, to reduce to submission these Virginia malecontents. The Maryland legislature, convened in compliance with Lord Baltimore's orders, refused to acquiesce in his claim of the legislative power, and in the event they gained their point, his lordship being satisfied with a controlling influence in the choice of the delegates, and his veto. The Virginians captured by Cornwallis in his engagement with Warren, had been detained prisoners without being brought to trial, there being no competent tribunal in the colony. At length Thomas Smith, second in command to Warren, was brought to trial for the murder of William Ashmore, (who had been killed in the skirmish,) and was found guilty, and sentenced to death; but it is not certain that he was executed. Clayborne was attainted, and his property confiscated; and these proceedings probably produced those disturbances in Kent Island which required the governor's presence. Harvey, after his restoration, continued to be governor of Virginia for about three years, during which period there appears to have been no meeting of the assembly, and of this part of his administration no record is left. In July, 1638, Charles the First addressed a letter to Lord Baltimore, referring to his former letters to "Our Governor and Council of Virginia, and to others, our officers and subjects in these parts, (in which) we signified our pleasure that William Clayborne, David Morehead, and other planters in the island near Virginia, which they have nominated Kentish Island, should in no sort be interrupted by you or any other in your right, but rather be encouraged to proceed in so good a work." The king complains to Baltimore that his agents, in spite of the royal instructions, had "slain three of our subjects there, and by force possessed themselves by night of that island, and seized and carried away both the persons and estates of the said planters." His majesty concludes by enjoining a strict compliance with his former orders.[197:A]