The prosecution of Donald Trial and Mate
When the reports eventually reached England, both public and official opinion was astounded, and the colonial office described the occurrence as a "shocking calamity". The strictest inquiry was promised, and towards the end of November 1791, the depositions of some of the Neptune's crew and of several marines were taken before Alderman Clark at the Guildhall in London. These witnesses testified that Trail and his first mate, William Ellington, had kept the convicts short in their provisions and that on arrival at Sydney they had opened a warehouse and sold the rations thus unjustly detained.
A dispatch of January 10, 1792, informed (Governor) Phillip that Trail had absconded to avoid prosecution, but in May the Secretary of State wrote that he had taken the necessary steps "to bring forward the conduct of the parties concerned". By then, of course, the public outcry had subsided, and no real effort was made to bring the offenders to justice. Trail and Ellington were indicted at the Old Bailey on June 8, 1792, on a private prosecution for the willful murder of one of the convicts, but were acquitted after a three hours' trial. No attempt was made at this time to arrest Trail or to bring a public prosecution against him. He was a master in the Royal Navy, having served in that capacity under Nelson in H.M.S. Albemark from August 16, 1781, until July 3, 1783, and his misconduct in the Neptune did not prevent him from being appointed Master Attendant at the Cape, a post he was holding in 1795 and 1796, when Captain George Elphinstone, the future Lord Keith, declared he was "very active, attentive and able".
The Second Fleet contractors, Messrs. Camden, Calvert & King, also escaped prosecution. A further contract, covering the transportation of the prisoners in the Third Fleet, had been signed with them on November 18, 1790, before the reports of the Second Fleet's passage reached England. This contract they completed, but they were not again employed in the convict service.
Source: SHIPPING OUR CONVICT FATHERS. Excerpt from the publication “THE CONVICT SHIPS” 1787–1868, by CHARLES BATESON.
