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A Narrative of the Expedition to Botany-Bay by Watkin Tench
page 41 of 82 (50%)
accuracy only has been consulted. By comparing it with the mode of
administering justice in the English courts of law, it will be found to
differ in many points very essentially. And if we turn our eyes to
the usage of military tribunals, it no less departs from the customs
observed in them. Let not the novelty of it, however, prejudice any one
so far as to dispute its efficacy, and the necessity of the case which
gave it birth.

The court, whose meeting is already spoken of, proceeded to the trial of
three convicts, one of whom was convicted of having struck a marine with
a cooper's adze, and otherwise behaving in a very riotous and scandalous
manner, for which he was sentenced to receive one hundred and fifty
lashes, being a smaller punishment than a soldier in a like case would
have suffered from the judgement of a court martial. A second, for
having committed a petty theft, was sent to a small barren island,
and kept there on bread and water only, for a week. And the third was
sentenced to receive fifty lashes, but was recommended by the court to
the Governor, and forgiven.

Hitherto, however, (February) nothing of a very atrocious nature had
appeared. But the day was at hand, on which the violation of public
security could no longer be restrained, by the infliction of temporary
punishment. A set of desperate and hardened villains leagued themselves
for the purposes of depredation, and, as it generally happens, had art
enough to persuade some others, less deeply versed in iniquity, to be
the instruments for carrying it on. Fortunately the progress of these
miscreants was not of long duration. They were detected in stealing a
large quantity of provisions at the time of issuing them. And on being
apprehended, one of the tools of the superiors impeached the rest, and
disclosed the scheme. The trial came on the 28th of the month, and of
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