Page:History of Australia, Rusden 1897.djvu/260

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232
A CONVICT LAWYER


Crossley poured forth a strain of gratitude for the "goodness that shall only be forgotten when life itself shall cease, and my future uniformity of conduct shall be such on all occasions as to merit your future approbation." As the man had been subjected to no constraint before the conditional pardon, his creditors thought of no more important result than that of rendering him liable. But he taught them otherwise.

His fraudulent bills were sent back, protested, from London, and by every device of law and of roguery Crossley fought against his dupes. He had bought farms; he had lent money; he pressed the widow for payment. From Mr. Campbell, the merchant, he had obtained sundries to the extent of £1691. Campbell, before the goods arrived, became suspicious, and (1800) petitioned King to cause the goods to be indented, so as to prevent Crossley and his wife from embezzling. Campbell, having sent the bills to England, could not produce his proofs, and King declined to interfere under the circumstances. D'Arcy Wentworth, as agent for English traders, had taken bills from Crossley and his wife for £1886. They were dishonoured. Wentworth took legal measures successfully.[1] Crossley sent in a lengthy memorial,[2] and appealed to the Privy Council. King demanded security that he would prosecute the appeal "within twelve months after his term of transportation" might expire, and pay such costs and damages as might be awarded if the sentence should be confirmed.

Crossley retorted that "to exact such security was contrary to the law of the land." King had no lawyer to advise him, but declared (March 1804) that refusal to give security was sufficient reason for giving full effect to the award. "Yet as I deem it expedient to suspend that part of the award respecting payment to the respondents . . . "I . . . [order the Provost-Marshal to pay to the hands of the Commissary-General all money] "now or that may

  1. Amongst other devices, Crossley in paying £400 to the Provost-Marshal tendered it in copper. On Smyth's refusal to accept so much copper in one sum, Crossley paid the debt in eighty instalments of £5 each, which were accepted as lawful.
  2. On another petition from Crossley (Dec. 1802) containing dozens of pages, King wrote: "I have read this case, and am well satisfied of its total want of truth in every material respect."