In the old records of New South Wales are given brief accounts of the duel between the two officers of the New South Wales Corps above mentioned. Also very long, very complicated and very tedious histories of the circumstances which led up to the meeting. The whole affair is contained in the correspondence, official and private, and the tediousness is entirely due to the childish tetchiness, the elaborate slyness and the queer prolixity of many of the persons concerned. These were almost every individual of any station in the little community in the year, 1801, of the occurrence. The officials were as quarrelsome as fowls in a coop. Probably for the same cause. They were separated from others of their kind, and constantly jostling one another. Unravelled from the tangle of orders of the day, statements, rejoinders, quibbles, impertinences, cross-purposes, gossip and tattling, which the correspondence is made up of, the story runs thus: — During the voyage from England to Sydney of the Cornwallis transport, with convicts and some soldiers, a Lieutenant Crawford, of the New South Wales Corps, was drowned at Rio. Lieutenant Marshall, R.N., acting as agent of transports on board the vessel, thought proper, when sending ashore the effects of the deceased, for transmission to England, to substitute for a gun and a quilt or rug of Crawford's an inferior gun and rug of his own, appropriating the others. On the arrival of the vessel this transaction becoming known, Captain Macarthur, as officer commanding the New South Wales Corps, in the temporary absence, at the "Coal River," the Hunter, of Colonel Paterson, in pursuance of his duty, took the matter up. An investigation before a bench of magistrates was first consequence. The members of that tribunal would not take it upon themselves to say that Lieutenant Marshall had had any felonious intention in making the substitution. Marshall had alleged that Crawford was indebted to him to an extent sufficient to make up the difference in values between the two sets of articles. The Governor thereupon severely reprimanded Lieutenant Marshall for his irregular proceedings, and notified him that he would be expected to return to England in a whaler, then apparently preparing for sea. Marshall, resenting Macarthur's action in the matter, thereupon found means to insult Captain M'Arthur, who promptly sent Captain Abbott, of his corps, with
A CHALLENGE.
Lieutenant Marshall accepted, and named as his second Mr. Jefferies, purser of the Cornwallls. But to this person Captain Macarchur — who was up to his eyes in trade in spirits and every other commodity — loftily objected. He would by no means recognise as second to his adversary "The person who kept Captain Tennant's shop." Captain Tennant was master of the Cornwallls, and doubtless had brought out some trade venture of his own. Lieutenant Marshall duly attended at the specified time and place, but neither Capt. Macarthur nor his second, Captain Abbott, put in an appearance. Under these circumstances Lieutenant Marshall
PROVIDED HIMSELF WITH A CUDGEL
and went in search of principal and second. Captain Abbott was the first to fall in his way. Before the commanding officer's door, and in presence of a considerable company, Lieutenant Marshall dealt Captain Abbott a lusty thump on the ribs. The sentry, on orders from the adjutant, intervened, and put a stop to that encounter. The lieutenant, however, next found Captain Macarthur, and made for that officer. But he, drawing his sword, threatened to run the angry lieutenant through the body, and gave him in charge to the sentry, whereupon the adjutant intervening had the naval offender marched off to the guard-house. Governor King, on being apprised of these disturbances, now ordered that Lieutenant Marshall should be
TRIED BY A CRIMINAL COURT
at the suit of the king for assault and battery on Captain Abbott, and an assault on Captain Macarthur. Colonel Paterson having returned from the Coal River, the court was complete. As constituted it was made up of Colonel Paterson and four other officers of the New South Wales Corps, Lieutenant Grant, R.N., and the Judge Advocate. Lieutenant Marshall's situation had now become one of great danger. So far as the documents printed show, there is not much room for doubt that he had been guilty of a very shady transaction with respect to the personal effects of the deceased lieutenant of the New South Wales Corps. Captain Macarthur's proceedings in connection with that business had been straightforward, and a proper discharge of a duty devolving upon him. But his refusal to meet Lieutenant Marshall in a duel appears to have been, according to the ideas of the times, impertinent, inasmuch as, according to Governor King, he subsequently entertained at dinner in his own house, in company with Captain Abbott, the very man on whose selection as second to Lieutenant Marshall he alleged his disinclination to appear in the field. The unlucky lieutenant, however, having embezzled the goods of one officer of the corps, thumped another officer of the same body, and attempted to chastise a third, after challenging him, had evidently aroused the animosity of the whole corps, and he was now
PUT ON HIS TRIAL
for the assaults before a tribunal of whose members four were officers of that very regiment. Naturally when called upon to plead he took objection to the constitution of the court, and particularly to one individual, Captain M'Kellar. The court overruled every objection. The accused, during the progress of the trial — on the evening, of the second day — memorialised the Governor relative to the matter, and to the character of the proceedings. He alleged that two members of the court had a few days previous to the trial publicly made use of most gross and opprobrious language with respect to him. Also he intimated that one member of the court interrupted the prosecutor (Captain Abbott) by introducing questions of his own and forcing a construction on the replies.
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| A South East View in Sydney, extending from the old to the new Barracks, including the Church, Pitt and Spring Rows 1798 |
THE GOVERNOR DECLINED
to interfere while the court was proceeding. But when the trial was complete and Lieutenant Marshall had been sentenced to pay a fine of £50 and to be imprisoned for 12 months in the gaol at Sydney, and when the record of proceedings was before the Governor, he evidently felt bound to interpose to some purpose. There seems little doubt that the proceedings were conducted with distinct animus against the prisoner. The charges were assault and battery, yet Captain Macarthur was permitted despite a protest by the accused, to read a paper apparently treating of the question of the effects of the late Lieutenant Crawford. Tennant, the master of the Cornwaliis, was called as a witness, and examined with respect to conversations relative to the same matter. Governor King considered the appeal of the prisoner to rest on grounds solid enough to require serious attention. He instructed the judge advocate to reconvene the court and lay before them Lieutenant Marshall's allegations, and required that the court should investigate them, "not only to defend its own integrity, but to afford the most unequivocal justice to the prisoner, and to enable me to Judge how far he was deserving of any part of the Royal mercy being extended towards him or to expiate his full sentence." The members of the court met, but refused to comply, and immediately dispersed.The Governor intimated that he would bring the business under the notice of the Secretary of State, and ask for support of his authority. This threat elicited a letter from the five military members of the court, that is to say, the five officers of the New South Wales Corps, requesting a copy of Marshall's protest. The Governor refused. He saw his way. He would not treat with apportion of the court. He showed himself a tactician, and presently had the five military members and the two other members
ENGAGED IN RECRIMINATIONS.
The officers, thus detached from the other members of the court, got savage and rather desperate. They agreed among themselves to out the Governor, socially. But this course proved too compromising. Colonel Paterson quietly seceded. He resumed his ordinary relations with the Governor. Captain Macarthur was furious. He threw the obligations of military discipline to the winds. He cast aside the obligations of a gentleman. He divulged private conversations with the colonel, he disclosed confidential communications. He stooped so low as to exhibit a private and familiar letter from Mrs. Paterson to Mrs. Macarthur. The fact was that the colonel had not been at all guarded in his demeanour and acts with relation to the Governor. He had criticised. He had sneered. He had even committed himself to writing to Sir Joseph Banks and General Brownrigg attacking the Governor's public character and transactions. Captain Macarthur had participated in these indiscretions. There are indications that he had instigated them. He now threw the burden of them on his colonel. The Colonel met the attack by reconciling himself with the Governor, and handing him copies of the letters, and further by sending a challenge to the captain. Despite his shuffle out of a meeting with Lieutenant Marshall Macarthur was no coward. He had fought before. Just prior to sailing from England he had quarrelled and exchanged two shots with the master of the transport in which he was embarked, happily without effect. The meeting duly took place. Captain M'Kellar acted as second for the colonel, and Captain Macarthur was attended by Captain Piper. It appears to have been fated that no proceeding of any sort in Now South Wales at that time should be carried, out without some irregularity. Thus even the duel was improperly conducted. Contrary to all the proprieties, Macarthur was permitted to
LOAD HIS OWN PISTOLS.
There had to be a subsequent correspondence, with attestations signed by half a dozen people about that. There was something the matter with the locks of Macarthur's pistols. It wasn't safe for anyone unacquainted with their peculiarities to wad them, and so on. Anyhow there was nothing seriously wrong. Macarthur's second won the toss for first shot, and it took effect in the Colonel's right shoulder. He was disabled and could not return the fire. A week later his life was not out of danger. The Governor of course heard of the affair. Everybody except the wounded man was ordered to arrest everybody else. Captain Macarthur was ordered to prepare to proceed on duty to Norfolk Island. He was ordered out of arrest. He refused to be so relieved.
PRINCIPALS AND SECONDS
were ordered to enter into reconnaissances to appear at a criminal court when called upon, and to give bail to keep the peace. Captain Macarthur demanded reasons for being put under arrest. He demanded reasons for being ordered out of arrest. Captain Piper refused to give bail till an Information should have been lodged against him. He apologised for refusing to give bail. Correspondence hailed on everybody and from everybody, and a regular devils brew of cavils, assertions, denials, repudiations, aspersions, and explanations bubbled in a joint stock pot. Surgeons, adjutants, chaplain, judge advocate, surveyor, ensigns, lieutenants, captains, all had a finger in the mess.
The Governor, while yet the pot was in full boll, got rid of Lieutenant Marshall by conditionally remitting his sentence, and shipping him off to be dealt with in England. As Captain Macarthur positively would not be ordered out of arrest, he was got rid of in the same fashion, fighting tooth and nail to the last hour, and very nearly managing to bring about a small insurrection by treating his detachment of the New South Wales Corps to a dinner and grog, such grog being removed from store without a permit, intercepted and seized by the officer of the guard, and all but violently rescued by the soldiery for whose benefit it had been intended.
Sources:
- The First Sydney Duel (1896, September 26). The Australian Star (Sydney, NSW : 1887 - 1909), p. 8.
- Portrait of John Macarthur; Some Early Records of the Macarthurs of Camden; Edited by Sibella Macarthur Onslow; Angus & Robertson Ltd, Sydney, 1914.
- A South East View in Sydney, extending from the old to the new Barracks, including the Church, Pitt and Spring Rows; David Collins 1756-1810; Engraver: James Heath, 1757-1834; Cadell & Davies, Strand, London, 25 May 1798.
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