A. said he never allowed
any bottle off his table till he saw it emptied. We finished the half
gallon bottle, and of course were not a little elevated. Mr. A. acted as
a kind of deputy, when Judge Dore was not able, which not unfrequently
happened: when spirits were plenty in the colony, he was generally
indisposed." Mr. Croker adds, that "Atkins was appointed as a substitute
to Collins in 1796, by the secretary of state, until the arrival of Mr.
Dore in 1797."]

[Footnote 82: _Bigge's Jud. Report_, p. 2.

At Norfolk Island a court of criminal jurisdiction departed still
further from the precedents of civil justice. An act authorised the
government to convene a court of four military or naval officers, to
decide on questions of life and death, even when free men were
implicated.]

[Footnote 83: "Yesterday, the bench assembled, when a free man, formerly
belonging to Fort Dalrymple, was found guilty of stealing a silver watch
from George Guest, jun., his property, and sentenced to labor for the
government for the term of five years, and moreover to receive 500
lashes."--_Derwent Star, Feb. 6th_, 1810.]

[Footnote 84: _Holt's Memoirs_, vol. ii. p. 202.]

[Footnote 85: Such punishments were not always unmerited, but they were
capricious. A magistrate tied a carter to the wheel of his waggon, and
inflicted 300 lashes for cruelty to his bullocks; but Dr. Montgarret
ordered the blacksmith to be flogged, for presenting his bill!]

[Footnote 86: _Mann's Picture of New South Wales_, 1811.]

[Footnote 87: _Bentham's Plea._]

[Footnote 88: _Bigge's Jud. Report_, p. 17.]

[Footnote 89: Ibid.]

[Footnote 90: _Bigge's Jud. Report_, p. 6. _Wentworth_, p. 43. edit. of
1820.]

[Footnote 91: _Bigge's Report_, p. 48.]

[Footnote 92: _Macarthur's New South Wales: its present state and future
prospects_, 1837.]

[Footnote 93: _Bigge's Report._]

[Footnote 94: 59 Geo. iii. 1819.]

[Footnote 95: "This sentence was put in execution before the provision
store, when the mob, either to display their aversion to the crime, or
what might be more probable, to catch anything that wore the form of
amusement, pelted him with rotten eggs and dirt."--_Collins_, vol. ii.
p. 54.]

[Footnote 96: _Gazette_, 1823.]

[Footnote 97: Maconochie, in his supplement to _Australiana_, extracts
the following passages from one of Sir James Mackintosh's private
letters, published in his _Memoirs_, p. 342-3:--"Even out of England
there are many pl