OP NEW SOUTH WALES. 241 



that court, he might say, for three years. It was a period at which 

 he might himself well pause and inquire what he had been doing, 

 what had been the effect of his labours, and especially, considering 

 the numbers of capital convictions which had taken place before 

 him, and the number of sentences passed, it was fitting that he 

 should ask himself the question, what has been the effect of those 

 sentences in the way of example ? 



" He felt they were equally interested in the same questions : he 

 would therefore lay before them the views and conclusions at which 

 his own mind had arrived. He had requested a return to be made 

 out by the chief clerk of the court of all the capital convictions that 

 had taken place during the last three years, and he thought when he 

 stated the number of them, they would feel he was fully justified in 

 the course of observations he was about to make. 



"In 1833, there had been one hundred and thirty-five capital 

 convictions, on which sixty-five sentences of death had been passed ; 

 forty-five of these capital convictions, and fifteen of these sentences, 

 of death, had taken place upon his judicial responsibility. 



"In 1834, there were one hundred and forty-eight capital con- 

 victions, on eighty-three of which sentence of death had been passed ; 

 forty-eight of which convictions, and thirty-six of which sentences, 

 had been before himself. 



" In 1835, one hundred and sixteen capital convictions, and seventy- 

 one sentences of death; fifty-six of which had taken place before him, 

 and twenty-eight of which sentences he had passed. In addition to 

 which, there are thirty-three prisoners who have been capitally con- 

 victed, waiting sentence, whether death might be recorded, or passed 

 upon them ; the number of capital convictions was a feature sufficient- 

 ly striking in the administration of justice in the colony; for it was to 

 be remarked, that capital punishment had been taken away from 

 several offences, ever since the 1st of August, 1833, — such as forgery, 

 cattle-stealinp-, stealing in a dwelling-house under the value of five 

 pounds, (these were fruitful sources of capital conviction in former 

 times) ; so that those which had taken place since that time, were 

 all of crimes of violence: murder, rape, robbery, burglary, mali- 

 ciously stabbing, shooting, and wounding; and offences of similar 

 character. 



" The calendar for the present sessions presents the following facts, 

 and had been furnished him by the crown solicitor : 



" ' There had been convicted of murder, two ; stabbing with intent, 



VOL. II. 61 



