Macarthur surrendered
as a prisoner at its bar on the 25th of last January, charged with two
separate misdemeanours. When the members of the Court had been sworn in,
and they were proceeding to swear in Richard Atkins, Esq., the
Judge-Advocate, Mr. Macarthur presented a protest, in which he urged a
variety of objections against that officer's presiding at his trial. Mr.
Atkins endeavoured to prevail upon the Court not to receive or hear the
protest read; but the members being of opinion it ought to be heard,
directed Mr. Macarthur to proceed. The Judge-Advocate then retired from
his chair and waited until Mr. Macarthur had read the protest. When that
was done he advanced again, and declared Mr. Macarthur should be
immediately committed to Gaol.
The Court then interfered on behalf of Mr. Macarthur, and after a long
altercation the Judge-Advocate retired from the Court-House, leaving
behind him his papers.
These were immediately taken possession of and examined by the Members,
and those papers led to a discovery that the whole plan of the trial had
been arranged, and every question prepared that was to be asked the
evidence of the prosecution by the infamous Crossley.
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