Note 272 — TRANSPORTATION (continued 5)

"A settler in the interior loses a quantity of sheep: whether correctly or not, he believes that they are stolen by probationers. Perhaps they are sold, perhaps they are slaughtered, and the wool 'planted.' He finds two members of the gang wandering over his grounds: he suspects, challenges them, and on their refusal to withdraw, attempts to arrest them. One of them seizes him by the throat, and threatens his life: the timely appearance of his brother enables him to secure them both. He conveys them to the station, lays before the magistrate a charge, who sentences them. They are turned out among the gang, without special permanent restraint, and abscond again. Our readers may fancy this to be mere romance, but every word of it is truth, and the detailed account will be found in another column. The place is Oatlands; the complainant, Mr. Wilson; the time, last week. Let us look at this case. A settler who bought his land from the government, finds in his neighbourhood ninety convicts, in the charge of a single overseer. His property, and it is impossible it should be otherwise, is subjected to daily depredation. And who is the real robber? Who, at least, are the more accountable parties? The men whose known propensities have occasioned their transportation—the unfortunate overseer, whose life hangs upon his connivance or indifference—or the government, which, knowing all these circumstances, exposed the men to temptation, and the settler to ruin? And what will be the result of all this? The unfortunate settler will chafe, murmur, and implore, but he must, at last, gather together the remnant of his property, and escape for his life!"—Observer, March, 1846.

"In another column will be found the proceedings of the criminal court. The puisne judge, in passing sentence on the prisoners, said 'it must be remembered that there are from 20,000 to 30,000 men spread throughout the country, whose increasing offences require that some signal examples should be made. I am sorry to say that crime has increased amongst this class very considerably within the last two or three years.' After dwelling upon the absolute necessity that the executive should rigidly carry out the sentences of the court, he added, 'I am sorry to say that within the last two or three sessions some twenty or thirty cases of this description (cutting and wounding) have been tried in this court, as great a number as were formerly tried in two or three years, and also of a more aggravated character.'"—Ibid.

"The evidence of Mr. James Arnold Wheeler, the superintendent of the St. Mary's Pass station, exposed some of the beauties of the system. A hawker was robbed within about a mile of the station under very aggravated circumstances, by men in the dress of probationers. It was, of course, important to ascertain who was absent from the station at that particular period, and Mr. Wheeler stated that he could not tell, as all the third class had liberty to roam about within hearing of the bell, about half a mile in any direction from the establishment. When asked by the judge what prevented the men from going further if they pleased? he replied, nothing, provided they returned at a certain hour.' His honor shook his head in silence."—Examiner, 1846.

"During the trial of John Burdett in the supreme court, on the 2nd instant, for robbery, the prosecutor, an old man between 60 and 70, swore that he had been robbed (his property taken) seven times since last Christmas; that his bed, rug, and blanket had been taken from his hut; that he lived a mile and a-half from Oyster Cove probation station; that he was reduced to such straits that he now depends on his neighbours for a little bread to eat; that the superintendent's lady had given him a rug and a blanket, but he had nothing but straw to sleep upon. There is only an open four-rail fence outside the station to confine the prisoners after they are let out of their sleeping cells. Mr. Justice Montagu commented, with indignation, upon the total want of restraint upon the probationers, and of protection to the poor settlers in the neighbourhood of the station; and expressed, in feeling terms, his sympathy for the prosecutor's distress and losses, and kindly declared that, if the old man would prepare a petition, and forward it to him, he would take care that the clerk of the court should give the jurors an opportunity to join in it, and would use his best endeavours with his excellency the lieutenant-governor, who, he was sure, would feel happiness in extending compensation, if it were in his power. In passing sentence of transportation for fifteen years (the lightest which the law permits in cases of robbery), his honor protested that, considering the position of the prisoner, placed in a probation station but having no restraint laid upon him to prevent from going in quest of luxuries and comforts, he would be fain to pass a lighter sentence. He felt the inefficiency of the sentence that he was about to pronounce, but he had no alternative. Accordingly he passed the mitigated sentence of fifteen years transportation."—Courier, September, 1846.