bailsmen, and after a sharp questioning as to their private means, the Judge consented to accept them. On the 16th, Arden surrendered, and a schedule offiveinterrogatories, with his answers thereto was handed in by the Crown Prosecutor. Nos. i, 2, 3, were in reference to the printing, publishing, and proprietorship of the Port Phillip Gazette, and the answer to each was an expression of belief that there was no legal proof of such under the Newspaper Act. Interrogatory 4 was as to whether Arden was the writer of the libel; and 5—did he, or did he not, cause the article complained of to be printed and published? T h e answers were substantially the same as to the others, i.e., that there was no legal evidence under the Newspaper Act to • obtain a conviction, if he had done so. T h e answers had been sworn to before M r . Pinnock, the Deputy-Registrar. T h e Judge designated the answers as evasive, and deserving the same punishment as a confession. H e declared them to be mere subterfuges, and the respondent a miserable, wretched man, who attempted to evade the sanctity and sacred character of an oath by saying "he believes:" T h e papers were handed over to the Crown Prosecutor with the view of having a bill filed for perjury, and Arden was sentenced to twelve months' imprisonment in H e r Majesty's gaol, and to pay a fine to the Queen of .£300, with further imprisonment until the fine should be paid, the Judge concluding with those significant words :— " This is a personal sentence, and would be a matter of difficulty to be got rid of, even by the Crown, without m y assent." This summary punishment was heard with indignant surprise hard to be suppressed by the crowded Court, wherein Arden's sympathisers mustered in large force. H e was at once taken into custody, and accompanied by a large circle of friends escorted to the gaol. T h e prison being very full Arden was in a few days transferred to the watch-house newly built on the Eastern Market reserve, and here the State prisoner was domiciled and permitted daily to receive visits from bis well-wishers. So arbitrary an exercise of judicial power created m u c h discontent, and a memorial was immediately set rolling praying for the recall of Judge Willis, whose adherents c o m m e n c e d a counter-movement in the guise of an address of confidence. Meanwhile Arden remained incarcerated, suffering m u c h both in pocket and in health. In the month of April, the Judge, moved by some conscientious or other unknown impulse, took it into his head to enlarge Arden. O n the 15th, the prisoner was brought up on a writ of habeas, when the unexpired term of the imprisonment was remitted, and the fine left to be disposed of by the Executive, Arden to be allowed at large on entering into recognizances pending his appeal to the Governor-in-Council. T h e Superintendent (Mr. Latrobe) ultimately consented to Arden's discharge on his finding sureties to pay the ,£300 fine or surrender in a month. T h e Judge was strongly of opinion that the payment of the fine ought to be enforced, and declared he should so represent to the Governor. Messrs. Cavenagh, of the Herald, and Thomas, a merchant, were accepted as Arden's sureties, after a cross-questioning as to their solvency, and he was released. A very influentially signed petition was transmitted without delay to the Governor, praying for a remission of thefine,and m u c h to Judge Willis' chagrin, it was successful. ASSAULTING THE JUDGE.
Carrington, the Attorney above referred to, had appealed to the Full Court at Sydney, from a decision of Judge Willis, in a case Carrington v. Snodgrass, and it became necessary to serve some legal process on Willis. For this purpose Carrington, accompanied by Mr. C. H . E b d e n as a friend, attended at the Court-house on the 2nd August; but the Judge having had some intimation of what was about to happen, declared that he would commit them both for contempt, and was in the act of ordering Ebden's arrest, when the latter got off by making a vague apology, and disavowing any intention of offering disrespect to the Court. After the business was over on the following day, the Judge and the Deputy-Registrar were walking arm and arm in Bourke Street, with the tipstaff moving leisurely behind. W h e n passing by the St. James' Church Reserve, Carrington and Ebden approached, and the former making some remark, either threw or dropped a paper at the Judge's feet, but the Judge declared he had been hit by it. Willis at once ordered their arrest which was effected by tipstaff and a passing policeman, w h o marched them away to prison. T h e Judge returned to the Court, and messengers were sent out everywhere to seek the Police Magistrate and either pack or pick a Bench. (By the way Willis always had a M r . Verner, Mr. Lyon Campbell, and a couple of other J.P's. hovering about him in town, to be prepared to give him a lift out of
