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Updated: June 13, 2025
"'Do you never talk with any of your company officers? inquired the Judge-Advocate. "'No, sir, replied the youth; 'I have never asked a favor since I have been in the army. I have obeyed orders, and strictly performed my duty and asked no questions. "'Have you any relatives? "'Yes, sir; I have an aged father and mother, and one sister. "'What was your business before entering the service?
Fred shook his head, however. And so the trial began. It was a real trial, and fair enough, but a trial by court-martial is not like one in a civil court, especially in time of war. There were no delays. The judge-advocate stated the case against Fred very briefly. He called as witness the officer who had brought Fred into headquarters, who said that the prisoner had been entirely willing to come.
The Judge-Advocate then left the court, and MacArthur called out: "Am I to be cast forth to the mercy of these ruffians?" meaning the civil police and added that he had received private information from his friends that he was to be attacked and ill-treated by the civilians; whereupon the military officers undertook his protection and told the soldiers in the court to escort him to the guard-room.
After dinner by water to Whitehall, where a great deal of business at the Privy Seal. At night I and Creed and the judge-Advocate went to Mr. Pim, the tailor's, who took us to the Half Moon, and there did give us great store of wine and anchovies, and would pay for them all. This night I saw Mr. Creed show many the strangest emotions to shift off his drink I ever saw in my life.
He dared not remonstrate openly. He was forced to hear the judge-advocate question this extraordinary witness, and instruct her on the steps necessary to be taken; worse than all, hear him inform Kate that the citations to John Sprague had been regularly issued, and that the evidence of his desertion rested wholly on the fact that he had put in no answer to the charges promulgated against him by his commanding officer; that the trial was proceeding on the ground that Sprague had deserted to the enemy, and refused to answer within the time allowed by law.
When Barangaroo Daringha, Bennillong's elder wife, who was above fifty at the time of her death, was to have the funeral rites performed over her body, it was resolved by her husband that she should be burned, and the governor, the judge-advocate, and the surgeon of the colony were invited to the ceremony, besides whom there were present Bennillong's relatives and a few others, mostly females.
Major Swan was urging her gently. "Eventually, then, what was it that you saw?" "I saw a man lying on the ground, and another kneeling over him, and then almost at once Mullins came out, and " "I don't think we need take this any further, Major Swan," the president again interposed. "We have heard what happened after Mullins came out." "Unless the prisoner wishes " began the judge-advocate.
I've been regularly doing business for my lord since the first job he gave me, three years ago. I'll tell thee about it. He wanted some men of firmness and spirit for a little expedition, and sent for me to be judge-Advocate." "Ah! a very pretty post, I've heard." "Yes, 'tis a trade like ours, where they sell cord instead of thread; but it is less honest, for they kill men oftener.
Reduced to half-pay at the peace of 1782, he settled at Rochester, in Kent, and was finally appointed Judge-Advocate to the intended settlement at Botany Bay, and in May, 1787, sailed with Governor Phillip, who, moreover, appointed him his secretary, which situation he filled until his return to England in 1797.
The Judge-Advocate refused, on the ground that the case was already decided, and would be settled in a day or so, at furthest; that same afternoon he departed on a fortnight's leave, knowing right well that no steps could be taken in the matter till his return.
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