The trial was reported by the _Colonial Times_. The editor, Mr Henry
Melville, pointed out in strong language the suspicion of unfairness;
the dependence of the jury; the presence of the governor at Launceston
during the trial; the infamous character of certain of the witnesses;
and the overruling a challenge of a juror by the prisoner. The remarks
of Melville were carried beyond the tolerated bounds of public
criticism; the attorney-general, Stephen, induced the court to issue an
attachment. The defendant was required to admit the authorship: this
being done, the judge whose conduct he had censured pronounced the
sentence.[192] To judge, condemn, and imprison, at once and by the party
offended, included all that tyranny could ask. Any reference to the
proceedings of a court, which the judge might choose to pronounce a
libel, might consign to perpetual imprisonment. A similar case, at
Newfoundland, was discussed in the House of Commons, and the ministers
joined the opposition in severely reprehending the practice. The papers
published the debate, and Arthur slowly obeyed the signal, and gave
Melville his liberty.
Motions for attachment have not often disgraced the administration of
justice: they are relics of barbarous times. This process was issued
against Fawkner, the editor of the _Launceston Advertiser_, who escaped
by an apology; and it was moved for by the attorney-general, Stephen,
against Murray and Melville, for calling an affidavit of the
solicitor-general--to the effect that a fair trial could not be obtained
in Bryan's case with a colonial jury--"an extraordinary document!" The
judges dismissed the application, when Stephen remarked, that he
"thanked God he despised the observations, as well as the scoundrel-like
motives which influenced them."
The intermixture of cattle of various owners, in the extensive forests
belonging to the crown in the northern districts, afforded opportunities
for plunder, and frequently occasioned disputes and quarrels. The
herdsmen were often careless and dishonest, and their masters were
liable to share the reproach of their mistakes or guilt. The marks
distinguishing such property easily escaped the memory: it was often
left to the choice of the magistrate to commit for felony, or resign the
dispute to a civil tribunal.
The constabulary were mostly prisoners of the crown. Their office
entitled them to an earlier attainment of their liberty than other
convicts: the detection of a serious crime gave them claims for a still
quicker liberation; and the desire of freedom prompted them to lay
snares for persons suspected, and even to commit a crime that they might
charge it on the innocent. Thus, they would sometimes slaughter a
branded beast, and throw its skin on the premises of the selected
victim. Such atrocious wickedness was certainly not common, but that it
sometimes occurred is beyond all doubt.
Public-domain text, read in full here on John Shaqi.
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