1 84 A COLONIAL AUTOCRACY. 



that of two members who heard all the evidence as it came 

 from the mouths of the witnesses, and were able to judge of 

 their veracity from -their manner, which in trial is always con- 

 sidered as important as the matter, although it undoubtedly is 

 less so in examinations in order to committal for trial. ... I 

 shall be very happy," he continued, " to give Mr. Wentworth 

 my opinion upon the Criminal Law of any state of facts he may 

 lay before me ; but if he, as a magistrate, has any doubt whether 

 certain facts amount to murder or not in law, it is his duty to 

 commit for trial and the opinion of the judges, and not to take 

 upon himself to dismiss. . . . As far as the Judge- Advocate, it 

 is not for me to presume to advise him : at your Excellency's 

 request, I read the whole of the evidence and the superin- 

 tendent's journal : upon these I had no doubts of the steps 

 which ought to be pursued, and wrote two friendly letters of 

 advice as to the law and facts to the Judge- Advocate. . . . But 

 if after Mr. Wentworth is apprised of my legal opinions he shall 

 still persist in the tenour of his report, I can only say that I 

 shall be most happy to give the same opinion publickly and 

 officially to your Excellency which I have given privately and 

 friendlily to the Judge- Advocate." * 



Wylde himself replied to the Governor with admirable 

 patience and restraint. He pointed out that in his report he 

 had " not gone the length of asserting the opinion that there 

 was not sufficient grounds for committing the parties concerned 

 . . . for trial in England," but only that there was not sufficient 

 evidence " to justify the commitment of the officer of the guard, 

 the superintendent, or the master of the ship, on a charge of 

 murder or on any other charge of a criminal nature, as would ex- 

 clude them from being admitted to bail thereon ". He expressed 

 himself as quite willing to meet Field, and he had already called 

 a meeting of the Committee for the next day. 2 



The Governor received this letter at a " quarter past ten in 

 the evening," and replied early next morning that Wylde might 

 know of Field's refusal. 3 



The Committee met, and Wylde and Wentworth sent a 



1 Field to Macquarie, ijth November, 1817. R.O., MS. 

 8 Wylde to Macquarie, iyth November, 1817. R.O., MS. 

 3 Macquarie to Wylde, i8th November, 1817. R.O., MS. 



