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Updated: June 25, 2025
But this policy came well-nigh to being the death-blow to one little industry of the north, so far from the ken of the legislators in Sydney and Melbourne as to have almost escaped their recognizance. The largest pearling-ground in the world is just to the north of this lovely Southland.
It is in Victoria also that a system prevails of handing over first offenders to the care of the Salvation Army Officers, placing them in recognizance to come up when called for. An Officer of the Army attends at every Police Court, and the Prison Brigade is always on guard at the gaol doors when the prisoners are discharged.
I called up the prosecuting attorney, who sent to Monahan's saloon, close by, and procured a release for the coachman on his own recognizance, one of many signed in blank and left there by the justice for privileged cases. The coachman was hustled out by a back door, and the crowd dispersed.
"I am permitting you to go on your own recognizance," he said to the astonished prisoner, "but I shall expect you to hold yourself in readiness to appear here whenever you are wanted." "I shall be on hand," Beard promised. "Then you are at liberty to go," the coroner told him. If Britz expected to witness a hysterical scene between Beard and the girl, he was doomed to disappointment.
Whilst the infantry were thus employed, the cavalry was sent back as far as Marlborough, to discover whether there were any American forces in pursuit; and it was well for the few stragglers who had been left behind that this recognizance was made.
Four or five days were employed in the examination of witnesses, and never was a clearer case of murder proved than on that occasion. "At the time appointed for the session of the Circuit Court, Wilson appeared agreeably to his recognizance. A motion was made by Wilson's counsel for change of venue, founded on the affidavits of Wilson, and two other men.
"This is all very irregular," said the sheriff, "but if the prisoner is known to the Governor, I suppose there is no alternative. I cannot annul the warrant without some recognizance. According to the laws of this State the next of kin must stand surety for the prisoner's good behaviour after release. There is no next of kin...." "Surely there is!" I said. "I am the prisoner's next of kin."
For my having sent Trebatius to him he even thanks me in very witty and polite terms, remarking that there was no one in the whole number of his staff who knew how to draw up a recognizance. But my request was for next year, for that was what Curtius wished.
The consequence was, that the magistrate could do no less than commit him, although from Wheelwright's subdued demeanor, he had strong doubts as to his intentional delinquencies. Under these circumstances, I found but little difficulty, from my own knowledge of the man, in persuading the magistrate to release him on his own recognizance.
The last streak of twilight brought them to the top of the pass; his soldier's instinct and a brief recognizance made earlier in the day told him that this was his place, and before daybreak next morning the point was as well fortified as a night's work by weary and supperless men could make it.
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