AR 12 19
overnment And if ente be necessary we alf of the individuals selves, their invidious either to their own of the government ly employs them,
House Guards have reputation in the art nothing emanating es one much surprise. therto supposed that ements of troops in we were likely to evil effects of ench by were made, transit omewhat difficult to of justice preventing, rtable by a first move ed by transfer to a following however.
te would seem to how bear its share of the
said to have brought he Horse Guards, to ail quarters of H.M. gatationed here was t it must rejoin the Gallu. Farther, the
md down here from
y should be whipped
e concatenation of
Horse Guarda havo
The Himalaya was
y with the 75th Re.
tch she took up to
ack the 73rd-a por-
en took on to Galle nt must come down kong and the wing of Galle... This is the
ia wasted, but that bardship and loss be Officers of the twi thus ordered away aught furniture &
AL
be implicated in the Mr Holworthy were moon, and again re
are proverbially de- raone, about this sea- Horts of fish would y to their net while ent of the holidays hear, however, of -much lens on offi- artment. This phe- standing been fami corner of the world, he Colony for won- been much strength hief of the Police oken-had his pock- and chain the other loring or recreative song in the Taiping- th amazerdent be it
shed officer alluded
who removed the to have been so
led that the latter
e of his daring die-
cant boy in in cus-
d on suspicion, bus t identified the pri relieved him of bis We have heard of ne being robbed în the pick-pocket in ad to get off so caxi- It is to be hoped ain. Superintendent erty: he need not, drawing of it with ause that will lesson ry..
STTA CLUB.
ting of the members
held at the Club
n Messrs Woodin, were added to the rman then brought oncerning the erec use in conjunction the proposed now ersome conversation of the Hon.. B. Son (ourwayor Gan
ER. F. Hawke, unted to report on
longing to Messra builders at this post, known as the Bon el from their ship
yer, under the name the vessel of that ccted from Shields he on board. The
ensions Length
ith 16 feet; depth
50 feet gross ton-
l be fitted by sur-
of 60 horse-power, eminent firm of Dos, of Aberdeen, anticipated at 8 admirably adapted for carrying cargo" this port, Malacca
mea.
for Government,
at the shipbuild-
yers & Robb, at
y for launching in
She is built of teals
bent out by Mexars - I
and is a very fine
fastened, and her
45 feet Breadth & feat. She is pressure Engines Bar G. E. Belliss Her total cost, fficial secret which emselves at Hberty sit will come out
LIGE.
gud with posket
Fas yesterday after
f the Joss Holist
hure there wile &
be chin-chin-j.ss of
e-felt a fumbling amining his purge. been stolen. See
m the road, the
No 1774 FEBRUARY 12, 1869.]
shoemaker followed and caught him; and on being searched $2 were found in bis sleeve, and fout ten cent pieces were con- cealed about his person. Defendant stated that he was about to change a dollar in der to spend a portion thereof at the Jous honas, to ensure good luck for the year, but he presumed that, as he were a somewhat "waloy" jackety complainant bad singled him out to be squeezed and had therefore
vert this ex officio information into an or- dinary Criminal information 7
The A. GI do not propose to so con- vert it.
The O. J.: Then all the original incidents of the er officis information will still attack to the prosecution?
THE CHINA MAIL.
I mean to attack the prerogative of the The Attorney General having loft the friend, if he intends writing to reply, that depurrer, previously, however, referring Crown, I give warning to my learned Court, Mr Pollard addressed himself to the
the case, he is not entitled to it until bo bas opened to that part of his Lordship's letter in not competent to the Attorney General to delegation of the Attorney General's du What I mean is this, that it is which the latter appeared to-censure the The AG: Except where it may be mo- terests représouted in the information. One, lard assured his Lordship that he would en split this case into two. There are two iu- ties in this case to an advocate. Mr Pol dified by conernt, my lord,
Senhor Amaral, who complains that he is deavour to win a verdlet honestly for the The J
recollected a statement inade libelled; the other, the Crown, which Crown, without reference to any other by Mr Ball in Court that, he should be allegea that the conduct of the defendant is considerations; he would unt try to get a liable to be removed if he had insisted on likely to bring England into war witli Por-catch vardict" for Senhor Amaral, which what Mr Pollard urged for one whole day. I tugal. That is the only tucs standi the. would be useless. Mr Pollard contended that defendant was Crown has in this matter. I object to a not outils, toy defonce under, an eat in it, the Crown, stands alone; for al- There is no complain, Mr Pollard: No, my lord; what I con- though an individual may be injured, he tended was that to this information Lord is morged in the Crown, and cesses to bo Campbell's not would not apply,
represented here, except so far as the alleged offence against him is also against the go- vernment of this country. The Attornoy General distinctly speaks of a complainant.
The A. G. complainant.
This Government is not the Mr Bayllar. Yes it is The Govern-
ebstged him with robbery. Mr. May sent the fellow to gaol with hard labor for six months.
Two satimakers in the employ of the P. &O. Co. were charged by Mr Frost, boat swain of the Yard, with the unlawful pus-officio information. session of five skeins of twine. The pri soners were caught going from the Factory with the twine concealed in a bag amongst some old canvas, and though they persisted
saying they knew nothing about it, Mr May sent them to hard but for three months, 10, 12
The C. J.; Yes, you are right. Mr Ball came into Court and said he thought he should be liable to be removed it be second- ed what Mr Pollard had said, and then, A coolie was charged with having been not arguing the matter at ally said he had the manager of a street gambling arrango-arranged with the other sido that a plea of
division of
mont, with dice, on the Praya. The pri-justification should be put in, not as amout says it is injured, and this is the only oor pleaded New Year's Day; but the matter of favour, but because he would not kind of proceeding that is possible for it to Magistrate sent bin to gaol as a rogue and oppose it. Ho put it so, strongly.
obtain redress. But if this is indeed vagabond for fourteen daya.
"Tho A. G. You will feel, my lord, hav- ing yourself filled the office, that no Attoring may be at once quashed. If there is
private prosecution I ask that the proceed ney General can take it on himself to waive another plaintiff other than the Crown, the prerogative of the Crown.
then there must be an abandonment of this public prosecution. quite agroo with what has been said by my learned friend about juries being the best guardians of the liberty of the press, and of private cha racter.
A second charge of unnatural offenes was brought against the Jemidhar Peer Khan today, by the same interpreter (Cowloy)
The C. J. said he did not urge that be who brought forward the fast charge of a similar nature. This alleged crime la said could. But than came the question of costa. to have been committed some four or five His Lordship observed that there were cases months since; but for some reason was never to show that the Crown did not consider it investigated or proceeded with, although re- beneath its diguity to receive or pay costs, posted to both Mr Creagh and Mr Deaue. It had undertaken to pay coats Lace if The evidence was of course unfit for publi-required. This was the Attorney Gene cation; but it came out that some threats rala information, and whatever might be
Mr Pollard seemed to intimate cof- ourrence,
The J.: Why bave you
ship) had simply mentioned a general prin- The C. J. felt certain that Mr Pollard would do what was right. He (his Lord- ciple without any special reference.
Mr Pollard and he was sure of that, and proceeded with his argument. He com mended at 12 o'clock, and continued until nearly 5, quoting authorities in support of his objection that defendant's pleas were not sufficiently specific to enable the Crown libel. He argued that the ples was defec to join issue, and in making out the alleged tive because it did not give the names of the Portuguese subjects who were said to have dealt harshly with the "pigs," nor A ples bad in were the particular acts of cruelty described. fendant had raged the bad in all. The de- tille to Macao; but that was question of raised the questionof Portuguese law, not of fact, and therefore could not be pleaded.
The Court rose at five o'clock.
Friday, Feb. 12.
The Court resumed at 10 elook. The Friday next, at 10 a. m..
In
arrival in the Colony, to communicate with and ordered the vessels in which the meat on it every consideration, with a result stroyed, and had the plates broken and the Government about it. They have giv had been cooked to be either acid or de which I am about to communicate to the knives and forks destroyed. lest that the letter then read was the butcher is required to have a very the Court." Your Lordship will recel- slaughtering animals, it appears that the fore it would appear that it was only because bim must not only be very sharp, but most result of Government consideration; there sensitive organisation. The knife used by of the public interest felt in the matter that perfect, for after the animal's throat is cut the Attorney General thought it to bo is the butcher- passes the edge of the knife duty to lay the case before the Government across the palm of his hand, and if he at all. Therefore understand by that, detects the alightest notch in it, the most
when it, excites public interest. That is the intestines of the auimal. are carefully ex- that the Attorney General clainis to exercise is condemned as tripher," and unfit for the prerogative, and at his own disory the food of Jews. Supposing the operation tion to lay a case before tho Executive only of slaughtering to be satisfactory, then the only reason which he has given for laying aminod, and if the slightest disease is this matter before the Government. The detected the whole carcase is condemued. consideration of which that letter is the Baron Martin asked the witness whether result, if it means anything I confess it is the mode usually adopted of, slaughtering difficult to extract any meaning from it, beasts by first striking them on the head but if it means anything it means that and stunning then was not a more humane the attorney General has abandoned his mode than that adopted by the Jews-riz, sible, that he has decided that counsel shall replied that the question ind recently beau functions, for in it he says, no clearly as pos-bleeding them to death. Professor Marks he instructed-not for the Crown, and nuder consideration in Paris before a com- counsel are subsequently instructed, though mission of inquiry, and it had boon decided not by the Crown but he has decided that the Jewish mode of killing inflicted that conces shall be instructed for less paiu. The plaintiff said that he the complainants," and he continues in formerly resided in Bunde, and came over ont in my official his letter, So in the discussion of the case, although butcher, and commenced brainors, Balling
that I may not be called here about three months ago, and took capacity to take any part shop in Lenian Street, Whitechapel, as a should the prerogatives of the Crown be called in question, I shall be at once pre- pared to defend them.”
The C. J. What paragraph is that Mr Hayllar: Paragraph 7, my lord,
are placed.
had been used towards the witnesses for the dono in the matter was the Attorney brought this case to a jury then. Criminal Sessions were adjourned until am at a loss to know in what position we shop, and stated to the customers that the
prosecution (constables) regarding the dat-General's doing?
ter. Naua Kareem Bax (Borgt.) was arrest The A. G. replied, Yes.
ed in consequence of this. The prisoner was committed for trial and bail was refus ed, although offered.
The C. J. then read the following letter
February, 8th 1869,
!
was no
part
tripber," but at the request of many Jews he took to selling "kosher," and bought some of Mcjoward, having the "kosher" saals attached to it. One of the inspectora of the ecclesiastical authorities called at his
meat was not "koshor," but "tripher" and this was repeated on several occasions. A persou came and desired his attendance at the Council Chamber, where he want and asw Dr Adler, who wished to know whom he was, and of whom he had purchased west. The witness refused to say, and af terwards the carcase butchers had notica doctor desired the defendant to close his shop and cease eelling meat to the Jewa, not to supply the plaintiff with meat. The
but the witness said it was the only trade he had baun taught, and he could not do so. The eauw evenings Jewoss had bought some meat, when one of the inspectors entered and told her the meat was not
Mr Pollard rose and said he did not wish The Attorney General, before the argu Mr Pollard: Because, my Lord, there is ment in the demurer in Regina v. Saint to interrupt the learned counsel unnecessa plea in which we can take issus,
was resumed, brought under his Lordship's rily, but he wished to observe that any The C. J.Then why not, four months notice an article which appeared in the i-objectious in law should appear on the re- My dear Attorney General,-Being at foot?
ago, have taken steps to remedy that de-sue of defendant's paper, the China Mail of cord, of which the Attorney General's letter A tailor named Wong Atai was charged tiffia when your note of to-day reached me,
Wednesday. He read the following para- Mr Pollard made no reply. with having resorted to dishonesty to re-I take the feat spare moment I have to au-
The A. G., in reply to au observation graph from it
The O. J. remarked that the demurrer cuperate his funds at the approach of the swer it. 1 regret the course which you pro- from the Chief Justice, said that er ufficio over the discussion, and said that bad he road, but apart from that it was the New Year. It appears that this tailor had pose to take in reference to tlie libel cases. informations were not unknown in British been here when the crisis arose, defendant first time in the history of law that a cour The Attorney General lost his temper had been called on before the letter was bean ployed by Mrs Annie Ellen Miller, Without precedent as the case admittedly Colonics. In the state of New York, in would now have been in the dook-mean- munication from what was equivalent to a in ber residence No. 10 Wyndham Street, is since l'altior's case, the course you pur 1728, the legislature of that state passed aning of course the place where murderers Secretary of State was ever made to a Court. on the 10th, the day previous to the New pose to take makes it anomalous. Mr. Kall, act to prevent the issue of such inferma and thieves are arraigned for trial. The Surely that letter was a lit subject to refer Year's Day; and on that day Mrs M. hadas Acting. Attorney General, admitted to tions. $500 upon a table in her room. While the court on the 10th June, that to an ex there. Eminent lawyers of that day, posed to be a gentleman as well as Attorney
It seemed they hail been frequent Hon. Julian Pauncelots is popularly sup to and comment on. paying a shroff a bill, the money being offio information, & juatiliation could be. Yorke and Talbot, afterwards Chancel General, and we have not the alightest for of fact and in law, for I am arguing the "kosher," apon which the declined to take
Mr Hayllar: I take that letter as a mat- left in a box on the table, the thief mads pleaded, and the case hus proceeded on that lore, viewed the not as a violent attack on don't that the popular estimation of his reasons which the attorney General has it. The inspector then tore down a card the best use of the short time allowed, and inevitable admission, and upon a rule than the prerogative of the Crown, and it was character is in the main correct; but he Inid before the Court for taking the course iu the window with word "kosher" upon disappeared with the money. When Mrs consented to by the Acting Attorney disallowed. They regarded the exercise of must have a poor opinion of the value of he has adopted. I will show how the deity and then suggested that the witness M. had paid the bill, she at once fotud General. I thought the Acting Attorney. the prerogative in that respect as essential his case when he finds, dze.”. that the money was gone, and ran to the General was right in making this admissiou: to the tranquillity of the realm and to the
fendant may be unfairly prejudiced by it, abould sell all his kosher" meat and yo Police Station, where she inet Inspector it, indeed, a defamatory bel cuald consti- due collection of the revenue. He quoted read on.. It could not interest the public ple abandonment of the functions of Attor- licence. The next morning the plaintiff The learned gentleman said he need not I take it that that 7th paragraph is a sim and ses if the doctor would grant him s Kirby on duty Accompanied by a consta tutionally be now the subject of an ex-officio from Chalmer's opinions of eminent bar or the court to learn what Mr Saint's opinion ney General. He will not be salted on in went to the defendant's private house, and ble, she proceeded to Cochran Street, to information here, or even in England. risters. A house there, and the tailor was a As at present advised, I cannot admit the Mr. Hayllar: Collection of the rovenue !
of him as a gentleman might be,
bia ofheial capacity to take part in the deai asked for a license. The doctor replied, ared near by but on their return for a letter you have written to the Crown Holici- The A. Mr Pollard had reminded the article should be read..
The CJ suggested that the whole of sion of the case. When I come to cotisider "No, close your shop; otherwise I will warrant to search the house wherein the tor to be real in court.
Jura of
the nature of an ex officio infonaation, I ruin you in three days." The doctor. aug. a recent case in Ireland, the Queen taller was known to reside, the Inspector In that letter you say that the matter. Pigott, in the November number of bar His object in drawing attention to the arti assertion that such an information is aan, which he declined to do, and had in The A. G. said that was not necessary. shall rely on authorities in support of ray gested the plaintiff should become a jourusy. referred her to Messes Doune and Crough, can be treated as a criminal information reports, in which it was asserted that no al was to prevent the publication of news King's suit, in which the Attorney General a few days to close his slip. At the close who were (he said) dining at the Barracks. Cau it? Leave for a criminal information lapse of time or shange of circumstances paper articles that might prejudice the pub-must appear as the representative of the of the plaintiff's case, baron Martin said he Having got an order from Mr.May, luis asked from the Court, and addressed to could affect the prorogative of the Crown, specter Kirby sent the complainant, the ita discretion discretion regulated by The C. J.: But the proceedings are by At its conclusion no doubt fair comment tilor, and the constable to the house; but abundant precedents, and I may say that, H.M.'s Attorney General, and he is re was permissible, but it had recently been Attorney General has not appeared in the defendant had used the words imputed reference to a case pending Crowu, and ministerial officer. I know of was of opinion that there was no ease. In no such case in England in which the the first place there was no evidence that to soon as the tailor neared the house, as at present advised, these would predude sponsible to his government. where he had doubtless disposed of the the Court from granting leave for a criminal The A: G.: The rule is well known.
decided in Tichborne v. Tichhorns that news his official capacity. To retire from that to him, and if he had he had a right to say money, he bawled out for the benefit of the information in the Amaral libel.
Chitty says the prerogative shall not be
paper comments could not be permitted to official capacity is tantamount to entering a so on the evidence before the Court. The himates, who of course made off in double- Again,
extend to subjects that were pending doui- nolle prosequi. I am further embarrassed communication was privileged. Mr Giffard quick time; and the money, whs concetus ut, you purpose to delegate the con- taken away unless in unambignons words.
The C., J. remarked that he had asked rities, and said, "With regard to tlie para,
sion. The learned gentleman cited autho- by paragraph of this letter." It indicates tendered a bill of exception. His lordship quently not found.The case was remand
three or four times whether suy ex officio
au extraordinary variation in the minds of told the jury that they were, in point of duutil the 18th and Mr May remarked
informations had over heen fled in any I said
I have read, I distinctly assert that says, "It might seete harassing both to there was no case to go to them, and desir those who brought this prosecution. It law, bound by hte ruling, and he ruled vory strongly upon the conduct of Inspector
Colony of the Crown, and he had been passage in question." His objast in draw. complainant complainant is a form agained the plaintiff to be unsuited.
nothing that would warrant the ay Kirby, who ought to have known better
answered, No. than have allowed the tailor to leave the
ing attention to this matter was, that the will be harassing to the Macao government, introduced, moaning that the proceeding Charge Room, after his first arrival
defendant should cease putting in artioles calculated to hold up the government to there can be no doubt of that"and sdium or ridicule, and to unfairly influence the defendant if this proscention were the public mind. The learned goatleman stopped insisted that the defendant would be legally in another form, and solely on the groind
merely to be quinmenced liable under an ordinary criminal informs that the eo offich form of the information tion to be placed in the dock, though as & gives it the colour of a state prosecution. allowed to take a place outside. He should case got into its present. hands, Mr Ball- matter of courtesy newspaper editors were Your Lordship will recollect that before e the he sorry if Mr Saint thought that he had said that this form was used becauso there was simply doing his duty, but he thought any auius against him, for he
G.)
was none other open. it right to give Mr Saint notice that if he government he (the A. G.) should bring it (Mr S.) continued to throw odium on the under the notice of the Court. Mr Saint had able counsel, and it would be better
for the present.
SUPREME COURT. Feb. 10, 1889.
(Before the Hon. the Chief Justice.)
In Banca
REGINA SAINT Argument on the Crown demurrer to du- fendant's pleas. For the Crown the Atter ney General and Mr Pollard, Q.C., in- rugted by Mr Hazoland, Crown Solicitor; for the defendant, Air Hayllar, instructed
Mr J. J. Francis,
pus Attorney General said before the
of the prosecution to. an advocate retained expressly on behalf of Seuur Amaral, to a conviction, using all the means solely directed to obtaining a conviction, while you, as Attorney General, can seek ouly such a verdict as the justice The A. G.: Isubmit that it is no use now of the case may require,
going into the question, to ask whether the colonial praction anal information abould be continued. here, if not according to your absolute duty, All that we bave to do is to go ou with the the Court has the right to have the benefit one before the Court. The only argument of the conduct of criminal cases by the that might be used against doing an, and Attorney-General for its protection, where which does fint saem to me to be tonable, the Court cannot obtain aid from confer is that the tiases have changed. once with Judges, and I now think I must, The U. J.: No, I do not rely on that and that I shall, claim it.
asked for a a precedent.
Again, according
the Attorney General has but one of two Aa at present advised, it seems to be that courses to pursue, either to regret the action of the Acting Attorney-General, as being wrong ab initio, or to adopt it, and himself carry the case through with that fairness and moderation which you have exercised,
After some further discussion, ገጸ፡፡ C. J, asked: In what character does Mr Hazeland appear here now i Crown Solicitor. No one can come in his The AG. In his official capacity aa place; has is necessary to allow the case to go on on a fair footing, and I look upon the
purely sentimental one.
lic mind
argumont commenced, be wished to make and are bound to exorcis, instead of leav-ubjection raised by the defondant as being that he should reserve is right of coin-
a few observations for the
purpose
ng the G&Be to be conducted by an advo
The Chief Justice remarked that he was ready to hear anything in support of the cate, who cannot be expected to fall under
ex-officio information.
The
The C. J. replied that if the communioa tion was put before the Cout as coming from the Government he would hear it.
The A, G. This case having excited a good deal public interest, I thought it wy daty, on arrival in the Colony, to com-
municate with the Government about it.
then the Court can say whather it will hear anything further on the matter. The learn-
હત gentleman had commenced to read, *hen
anything like official restraint.
The Hon. J. PANCEPOTS, A, G. -
to
menting
J. expressed his concurrence in that opinion. If toere occurred any breach of the law it would be taken notice of in
some way.
again
Mr Pollani objected that this was not matter of record.
to Me Ball's statement, and remarked that The C. J. concurred with Mr Hayllar as Mr Pollard must accept the statement of to-day. Mr. Rayllar was in possession of its leader.
[At this point we break off our report for this Court when the C. J. suggested an ad- journment at 4 40, and the learned counsel will conclude to-morrow. In our next we will give the defendant's pleas in full.]
LINGAME AND LORD CLARENDON.
INTERVIEW BETWEEN. MR. BUR-
lowing quotation from the special correa
The Sao Francisco Times gives the fol- pondence of the Herald, dated 2nd January, 1869
Burlingame and Ford Clarendon, the new British Foreign Minister, had su interview to-lay, wherein they agreed upon the prin ciples of the future British policy to be
acknowledged the propriety and justice of arlopted toward China. Lord Clarendon, u reviewing former conversations, fully several points which Mr Burlingame ad-
pursue, Burlingame held that the objects vanced. In reference to the policy which be decined it desirable that England should of the
signs of progress, and by no means evinced presont mission showed evident
recent
a retrograde disposition on the part of the Chinese Government. He also deprecated the practice of the Western Powers in using SCHOTT V. THE REV. DR. ADLER systems or new ideas among a people whose au unfriendly pressure to introduce new This was a very interesting case in the knowledge of foreign affairs is Court of Exchequer on December 14, and origin, or who were fostered under a tradi-
of
& Jew and butoher, sued the defendant, a the decision is of considerable importance tional system to which they were accus- to the Jewish population. The plaintiff, tomed and attached, because such & repres sive policy would tend to revolution, and gentleman well known and highly respected would reprees progress; whereas the Chi by all classes of the community, the chief rese Government fully admitted the slander apoken of hhu in the way of his encourage it gradually, without a sudden rabbi of the fews in this country, for a necessity of progress, and desired to business. The plaintiff, in substance, in shook to the feelings, passions, or preju the trade and business of a butcher for reply, fully admitted that the Chinese declaration, alleged that he carried on dices of the people. Lord Clarendon, in
uations, and assured Burlingame that Eng Israelites, and was authorised, according to
were entitled to forbearance from foreign and did not desire nor intend to apply any unfriendly pressure, in order to induce aina to advance more rapidly in her inter- course with foreign nations, than was cou- aistant with the safety and feelings of the
The O. J.: The defendant is liable to heavier I must say that any middle course of in-union anties der an ec officio infor- & G.' trusted his Jordship would trusting the prerogative of the Crown its
than under any other.. permit him to proceed with what he had to personal prerogative to any mere advocate we do not expect that your lordship will The A. G. But we are here in 1869, and say. He was there in his official capacity tends to degrade it, and I cannot but feal exceed due severity.
Mr Pollard, qo, then proceeded with his to inform the Court of the decision which that a heavy responsibility will rest on had been come to by the Government, and whoever exposes the royal prerogative to friend's notice that this was the form in fondaut's ples was not co-extensive with the Mr Hayllar: I must bring to my learned the effect being, as he stated it, that de argument in support of the Crown demurrer, of the steps which he had been instructed
I I will not sanction it. such degradation, to take, with reference the information.
which the Acting Attorney General com-libel, in other words that it neither cou- The only difficulty is, that Senhor Horta's nieuded the proveedlings. evidence has been taken (at instance of the
fossed or avoided. Acting Attorney-General) de bene ease. the case from that which I might have informations bad bear aled in England
The A. G. He took a different view of
The C.. J. remarked that only two ee-off might be done; conditional on an admission think if a nolle proseq is entered, that taken..
The OJ: Then enter a solle prosegui in
since 1843, while four had recently boun by the defendant that that evidence may this ass and have an ordinary information, led in Hongkong in about one month. be used on any ordinary information, in Would defendant in that case noogpt Co. He anid My lord, I cannot deny that I Mr Hayller rose in support of the pleas. They have given it every consideration, or upon any criminal information filed by
the nature of a true bill by a grand jury, verner Horta's evidence de bene esse f with a result which I am about to commu
Mr. Hayllar: The defendant cannot con appear to oppose this demurrer with feel licate to the Court In order that there leave of the court,
eon-ings of anxiety and embarrassinent. A03- fis saut; 1 should advise him tot to cousent, icty, benuse I feel that from the point of should be no sort of mistake in the inatter, ing to you, of which the defendant may ter has been hanging over too long. The more serious than one would think from the laws and customs of and in force among I have exceeded my duty in thus writ at this stage, to such a proposal. The niat view I take of this case it is very much 4 thought it the most convenient course to send an official letter to the Crown Solicitor, complain; but I must risk his objection to whole interest of the original question bas the way in which my learned friends have Israelites, to kill and all meat for Israelites, embodying the resolve of Governinont, and this note, in this hope that it may tend faded away. That question was as to the treated it. If your Lordship overrules my and the defendant, well knowing the same, I think, instead of making any observations simplify the present complex state of these oltaracter of the coolie trade at Macao, and argument, not only will the grave interests falsely spoke and published of the plaintif outside it, Imay be permitted to read it, and proceedings,
the conduct of certain officials. Now there of the defendant be injured, but the acin relation to his said business that he was As you will see, I write in much beste,
is another governor of Macao, a fresh gov-tal liberty of the pross in this Colony not selling "koaher" meat (moaning there. Yones truly,
ernment, new regulations, an improved and in the East will be jeopardised, by that the plaintiff was selling munt for Chinese people. The following articles JOHN SMALE, system of trade. The defendant is now If in a case of this kind, of toatters publish. Israelites not killed according the laws were then agreed to between Lord Claren-
Chief Justice, simply anxious to stand ou his legal fouting ed in a newspaper, at the discretion of an and utistoms relating to meat in force dou and Me Burlingame:
and to put an end to these procendinga, if individual, like the Attorney General, & among laraelites); it was "tripher" meat His Lordship said that letter was written he can. The defence is now what is torm- defendant may be brought into court un sanolean and unfit to be consumed by all atipulations. Second-All negotiations First-It is necessary to observe loyally. by him while Inbouring under the feeling ed, technically, atale, though at present ne- criminal charge-no deposition having been Israelites. caused by the A. G's; he thought it right to cry, but have positive instructions filed, no exculpatory afidavits sworn-kept from time immemorial a law and customerriment, and not with the local authorities. Thora appears to have been should be conducted with the central Gov make one as paklio as the other.
not to consent to anything short of going for nine montis uuder the harrow, and among the Jews that all things relating to Turd-Before inaugurating war, disputes eight months' endurance there is no other the chance of the dentrer having bear veclesiastical authorities. When a butcher and the defendant feels time at one and during that time only by cliance that be the killing and selling of beasts for food for should be referred to the Home Gorero-
can bring his ease on at all-for it is only Jews should emanate from the Jewish tuent. course honourably open to him. I do not filed that gave defen ant the option of sat-wishes for a licence to kill beasts he applies the British agents in China to not in concur with the learned Attorney General ting this case down for hearing, which op to the dewish ecclesiastical authorities of accordance with the spirit of the articles The C... I said, as at present advised. My learned frismul must be quite aware of of this colony, no press can flourish here at carry on business, and is carefully examined British subjects to pay dine respect, not either in the law or the facts of his letter tion he has taken say if this is the law the particular district where he proposes to above explained; and, moreover, to cantion have granted an ordinary information, and the nurse which he should take with re-all. So much for my anxiety. I feel em- by them to ascertain if he knows how to only to the laws of China, but also to
The A. G.. I can only say that I would if I had dope so, the defendant would not and this on offein information, and I barassment now at this stage of the case, kill beasts according to the Jewish law, and respect the uenges and feelings of the Chi- have been his prezent position, but he advantage, in a legal point of view in a scarcely know what case i have to meet is granted to him. The meat must also be
equally well know and intend to use the for, long as it has been before the court, 1 if his examination is satisfactory a licence nese people. The A. G.: Of course, my Lord, but the would have hoon is that dock. I cant gument on the demurrer, of the letter When I first read the information I thought sold by a person who has a licence from of the American treaty were discussed, letter having been written officially-would conceive that he has the least ground of which he has read.
These points settled, the general principles Your Lordship like to see a copy I wish complaint. to avoid a wrangle, if possible,
Mr Hayllar: As the defendant's name ed when the latter was read?
The A. G.; Had the demurrer been call gone back like Hozektal's dial, six degrees, so. The plaintiff alleged that he had a and agreed that they should form the sub the jurisprudence of this colony must have the Jewish ecclesiastical authorities to do Lord Clarendon considered them kindly, has been brought into question several times, I may be allowed a few remarks been so called
Me Huffam, registrar, said the case bed that we had been relegated to the times of the foreign licence to sell meat, and was about ject of future negotiations,
Star Chamber, that some ghost of a former to open a slop in Whitechapel. The here. I must say, with regard to this letter
Having established a basis for the British Mr Pollard: If you mean to take atgu- been evoked to crush the liburts of the ma. so, but he persisted, and afterwards worrow, and returns to England on the re Attorney General, a Grey or a Thurlow, had Jewish authorities requested him not to da policy, Burlingame proceeds to Paris to meat on that letter, you must add it to dern press. I thought that the Loting Atter appeared before the beldin, or house of assembling of Parliament to compluta the
The A. G. That letter was meant to be the dry bones of some old legal predecessor the plaintiff a lisence for Winterbapel, but that defendant should consent to Senhor or its arguments. It is founded on a
pey General had been inspiring with breath fiatice, composed of the chief rabhi and obfects of his mission. Ariazal being substituted for the Crown in mistaken position inletaken as to facts for any legal bearing it may have, but I lecting sticks and straws and dressing up
made pahlia, and Mr Hayllar. may use it but I found that he had been simply coffered to grant him one for Islington. two minor chiefs, who decided not to grapt the pitsecution, and that all the proceed and in respect law. This criminal figs hitherto, including the de liene éste ex- inforniation is filed in the name of these how it can have any legal bear the scaredrow of an old information. My The plaintiff opened a shop in Whitechapel, felled lately in the Dandenong Ranges. The
A SPECIMEN of the giant Eucalypta W tination of Governor Horta, ébould be Queen. It says, "The Acting Attor
embarrassment is increased by the extraor and inspectors of the ecolesiastical authori- following particulara are given by the Crown taken as part of Asural's case. In that ney General appears in his own proper
A slight pause occurred her, and
dinary course which the Attorney General ties were sont found to the shop to warn ranges, who measured the tree after it was Baying that the felled-At one foot from the ground the
The C. 3. interposed and asked whether the letter had been drawn up on his advice to Government.
The A. G: I must decline to give any explanation in Court of what took place in the Executive Council.
The C, J. But it was under your ad-
vice!
The 4. G. That may or may not be.. The C. J.: It must be. The A. G.: I cannot discuss that
not take any objection to your Lordship' The A. G. I think the defendant will reading it, because you say if an application for a criminal info harm refused it made
you, you would have it.
to
I am
here in ray official capacity to inform the
Court of the Government's decision, if you
will listen to the letter.
The O. If think it necessary, I will
The C. J. I have a copy. We are all put in a very awkward position, all of as, and we must do the best we can under the circumstances.
The A. G. then read the letter, which we
to trial or an unconditional withdrawal
read a letter which so much surprised me. of the Attorney General's, that I never ava in our last. It suggested, in effect, I cannot consent to either its statemente your points,
way the case cunld go to trial. The 4. G. person," e. My learned friend, the At
Lord Clarendon has issued instructions:
The O. J. said; Now I presuure we have himaclf took on Wednesday last in this the Jews against buy but "tripher," circumference was 69 feet; at 13 feet from
aid he could not conceive it possible to sug-torney General, who occupies his predeces the: demurrer. Whoss is it? Mr Poking his letter stated to his Lordship (I have and therefore unfitted as food for the Jews. the ground the dinoter was 11 feet 4 in gesta fairer proooeding, fora British jury wore sor's position, says that he is prepared to apda
the best guardians of the liberty of the pear here, not in his official capacity to con
as well as of private character.
duct the cup, but only to defend the prero
the words as taken down in short hand). One witness swore that one of the inches; at 78 feet, diameter 9 feet; at 144 Mr Polland: No, my Lord. It is theThis eas laving excited a good deal of spectors, finding that he had purchased feet, diameter 8 feet; at 10 feet, diameter
public interest, I thought it my duty, on meat of the plaintiff came to his house fret. The tree was Sou foot high
The Q, J. How do you propose to con gative of the Crown if it is attacked. Well, Crown's,