193
fact of the circumstances of the two countries being so entirely dissimilar will warrant the putting another construction on the term. The circumstances of this case are
not fully detailed by Mr Oliver the master of the big Harlequin but I presume that Lacrase struck the blow and that Hopkins died on board that vessel and that Lacrase voluntarily entered on board the vessel in the usual
manner -
There two reported cases
apparently similar to Lacrase's in which the accused parties have been declared not amenable to the English law. These
the King agst depardo / Jaunton 26. and the King agst de Mattres On examination however I think that
Cases are
these cases are
640
distinguishable from the
"
one
now under consideration and cannot
be considered as
forming
a precedent for
the discharge of the prisoner Lacrase
In the case of the King agst depardo the
party accused was a
Spanish prisoner of war who had been allowed to volunteer
as
a
mariner into the service of the East
India Company Whilst serving in that
capacity he killed an English Subject
on shore at Canton. He was
brought to
England and tried and convicted for the offence before Lord Ellenborough and Baron Thompson but doubts being entertained of the propriety of his conviction the case was ordered to be argued before the twelve
Judges.
No Judgment was ever
given but the result was that the prisoner was
discharged. The Judges not having stated
ont
The
DEX