Captain Serjeantson, of the 40th regiment, a gentleman connected with
several opulent settlers, was murdered (1835). The family collected
L500: to this the governor added L100 more, for the discovery of the
murderer, who was found to be Hunt, a bushranger, afterwards shot by a
small settler, and who dying confessed the crime. In this case, a
constable, Drinkwater, proposed to another to earn their free pardons.
The plan sketched was to deposit shot in the hut of a man at Campbell
Town, who was suspected, resembling that extracted from the body of the
deceased. A constable, invited as an accomplice, betrayed the project;
not, however, until the proof of its existence was indisputable. The
same constable had proposed to throw a sheep stolen from the flocks of
Mr. Willis, on the premises of a man, "on whom there was a down."
The intentional encouragement of perjury cannot be imputed to the
government; but necessity induced a most perilous laxity of feeling.
Thus on a trial, the judge not only stopped the case, but committed the
prisoner policemen for perjury: these persons were discharged by the
attorney-general, and established again as constables. Their oaths had
already produced several capital convictions, and they became qualified
to accuse and convict the most upright men. The ignorant police agents
considered that the successful prosecution of any person, regarded by
their officers with hatred, would entitle them to benefits; and even the
prisoners in service discriminated between those whom they might accuse
with impunity, and such as were protected by their connections. Nor was
this all: in the height of political excitement, a prisoner was arrested
in the neighbourhood of Mr. Gregson's dwelling, who avowed his intention
to assassinate that gentleman, in the expectation of a reward.
The affair of Mr. Bryan increased the anxiety of the colony to obtain
trial by jury, independent of the court and the influence of the
executive. By the custom of England, this privilege could only be
suspended by martial law, when the ordinary courts were closed: wherever
the authority of the crown was recognised, the accused was entitled to
trial by his peers. Nothing could be more alien from the habits of
Englishmen, than to lodge the functions of grand jury in the hands of an
officer of the crown, or commit life or liberty to the verdict of a
military jury. A paramount necessity required the practice for a time;
but a change was delayed, by the hesitation of the government, long
after the colonies contained a body of freemen.
Public-domain text, read in full here on John Shaqi.
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