Forbes correspondence

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In 1826, the privates Joseph Sudds and Patrick Thompson deliberately committed theft in the expectation that they would be transported, a fate they believed to be preferable to continued service in the army. Lieutenant Governor Ralph Darling, Governor of N.S.W., commuted their sentence to a flogging and assignment of seven years hard labour in the chain gang. This collection includes reports, notes and correspondence with and from Francis Forbes, the first Chief Justice of the Supreme Court of NSW, that relate to the Sudds and Thompson cases, the transmission of charges by Captain Robison against Governor Ralph Darling, and Robison's trial and court martial.

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point in your letter to me, of the 14th instant, I now merely refer to the correspondence [original text has been crossed out] to show that my letter to the Gover– –nor was not gratuitous on my part, [original text crossed out] but was called for by the very injurious report which had been recieved respecting me - And I am bound [orignal text crossed out] [original text crossed out] to add, that it was produced at Court Martial, without any communication [original text crossed out] with me - I should have been the last man in the Colony to furnish materials for [original text has been crossed out] a charge against yourself, on any other member of Mr. Justice Stephen's family with whom, independently of any official relation [original text has been crossed out] I am connected by the ties of family alliance, as well as a long course of private friendship.

With reference to the third point in your letter, and the request it contains, I am sure you will, upon reflection, feel that I cannot with propriety [original text has been crossed out]answer it - Any opinion

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shall my seem to question the justice of the Court which tried you, [original text has been crossed out.] would be peculiarly unbecoming my station in this Colony.

I remain,

[indecipherable] Very sincerely yours &c

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1 Gross proceeding altogether – a conspiracy bet D– & A– to get press in their power - {both prevent Atty Genl from prosecuting – the G– can as trial party – in a political point of view – personally concerned, from having been subject of attack – his brother's battle.

1. proposes to take the p–s into his own hand – no person to p–t except with his license – such license resumable at his pleasure – this of course to place his adversary in his power – & to give him the press as an engine of political power.

2. auxiliary to same and, a silencing tax, or if not quite a silencer, all the revenue raised to be paid to his own party printer. [indecipherable word crossed out] (see this man's unbounded eulogy on the Govt.) by way of a salary from printing public actsthis to give a monopoly to his own mode of thinking.

With all this before my eyes[original text has been crossed out], with it confessed before me, how could I certify such things, as not repugnant to, but consistent with the Spirit and letter of English law? See my letter to the Gov. & Howe's letters to me. [Means taken -crossed out] Assurances that licenses were to be granted of "common rights" . Col. A's commentary on this promise – refusing Bert (as an established printer whose trade was his bread) a licensemeans taken to gain his and – threatens me, bribes Thosby. Defence, that Pedder having certified exonerated him from all responsibility. Did Genl. D– think so when he gratuitously gave his opinion and urged me, by any unfair expedient, to certify?

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above referred to, I have the honor to be, Gentlemen, Your most obedient And most humble Servant Ra Darling

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Sketch of Defensive Operations.

1. Get the facts of some of the more glaring acts of injustice & oppression towards private Individuals & officers of Government, of some of the principal of these take the following-

Case of Sudds Get the proceedings from the Commencement of the to the sentence from the Sydney Police. Sydney Gazette containing the Govt. order upon the subject. Particulars from the Individuals who saw the exhibition Statement of what took place in the Gaol from Sudds’ return until his death. Mitchell and McIntyre dissected Sudds, and McIntyre reported upon examination that he died of inanition – that[original text has been crossed out] the brain, intestines, and all the organs more immediately con– nected with life, being in a sound and healthy state, and there being no then apparent cause for dissolution. Toole the Gaoler will state that he sickened and died in consequence of his disgrace and the iron round his neck acting upon a weak and debilitated frame, prevented his taking natural rest.

Case of Thomson This man’s sentence was simple exile for petty larceny. He also was exhibited in manner resembling being put in the pillory, & afterwards worked in chains with an iron collar round his neck upon the high road– leading to Bathurst, near Emu Plains, until becoming

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