1788.] OF NEW SOUTH WALES. 13 



quifite to keep the gangs at their labour. Petty thefts among them- 

 felves began to be complained of; and the failors from the tranfports, 

 although repeatedly forbidden, and frequently punifhed, dill perfifted 

 in bringing fpirits on more by night, of which drunkennefs was often 

 the confequence. 



To check thefe enormities, the court of criminal judicature was af- 

 fembled on the 1 ith of February ; when three prifoners were tried, one 

 of whom received one hundred and fifty lafhes, and a fecond was con- 

 fined for a week upon a fmall rocky ifland on bread and water. 



The mildnefs of thefe punifhments feemed rather to have encou- 

 raged than deterred others ; for before the month was ended, the cri- 

 minal court was again affembled for the trial of four offenders, who 

 had conceived and executed a plan for robbing the public ftore. This 

 crime, in its tendency fo pregnant with evil to the little community, 

 was rendered ft ill more atrocious by being perpetrated at the very 

 time wi.en the difference in the ration of provifions which had till 

 then exifted was taken off, and the convicl: faw the fame proportion 

 iffued to himfelf that was ferved to the officer and the foldier, fpirits 

 only excepted : but it was feen with concern, that there were among; 

 them minds fo habitually vicious that no confideration was of any 

 weight with them, nor could they be induced to do right by any pro- 

 fpect of future benefit, or fear of certain or immediate punifhment. 

 The charge being fully proved, one man, James Barrell, fuffered death.. 

 His Excellency (in whom the power of pardoning was vefted by His 

 Majefty's commiffion}, having caufed one example to be made, ex- 

 tended lenity to fome others who were tried the following day, 



It appeared by the letters patent under the great feal of Great Bri- 

 tain, that His Majefty had authorifed, by his commiffion under the- 

 great feal, " the Governor, or in his abfence the lieutenant-governor,, 

 to convene from time to time, as occafion might require, a court of 

 criminal jurifdi&ion j which court was to be a court of record, and to? 

 confift of the judge-advocate and fuch fix officers of the fea and land; 

 fervice as the Governor fhall, by precept iffued under his hand, and 



feal, 



