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The Daily Press.
HONGKONG, JULY 19TH, 1871.
LATE-TELEGRAM.
SPECIAL ZO DAILY PREEK,”
SHANGHAI, 16th July, 11.30, a.ar. “British nabjoste given up to Ringdové by
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Fuic of Geriniup subject uncertain.
SUPREME COURT-
BEFORE THE HON. CHIRETATIOB SHALE. Kwok a-singo, Hon. J. Pauncefotes
section. This is the Gest action, to which the
THE DAILY PRESS, WEDNESDAY, JULY 19m, 1871.
The Court here adjournal.) On resuming, the erilence of the Attorney- General a given yesterday was taken, after which Mr. Haytler proceeded to sum up his case as follows:-
a
Moreover,
The jury found the prisoner guilty, and bo was conterioed to penal servitude for three
yours, being informed at the same time that if there had been no dagger a lighter sentence
would have been imposed.
6
ABDUCTIÓN.
*
serve bit be placed the bundle of notes in sha
His Lordehip then charged the jury na fol- | sabject against the King himself, his council, The police arrived and the prisoner was taken [against the lawa of this Colony, because al His Lordship bere asked-Did the weption |
was found into custody, and at the station, soveral stolen though it was open to him to lay down the of the Habeas Corpus Act apply!
Towe Keatlenion of the jury, Tais as of bis offloors, and judge. It samo low, it would be for the jury to find as Mr. Hayllar said he thought it was really ob- Kwok-a-siag tus given me more pia, than all that, the judges wore then intensely vonal, as articles were fouad upon him, trus, the mperatrotura of the kaw, that is, the solota: but at all creats it did not apply in the other proceedings I have bad in this Court the Chinese judges are now. Not that the it apponrod that the prisoner had changla facts upon which the man would be tried. The aircumstances of this onse. He, prosoided since I have been judge. I do not know whether I Excentive would not so now, but when you come trousers with Mr. Gabboy's amati, who re fitsing op of the real the circumstances The Attorney General Reted as a Judicial Offer could have encountered this but for bet I found to see how long this man has been in prison, cognised her own garaients on the prisoner's tanding to show whether pelsoner was taken giving the man into custody, and as a pub in a very admivable letter of Mr. Justice Cole and the great oppression against this muu, extremities at the elution, and who found a on board ngainst his will; and other incidents lie officer in the arcbation of a set of Bute ridge. The reading of what be suid bas terti took a long time, and it cost me great auxiety pair of male trousers" on the verandab of sonaccted with the affair, would all have to ba. It was a constitutional not for the purpose of fed my mind. Mr. Justice Coleridge, who had to do what was right, and therefore he was the hours. One of the bars of a window on the shown. I sourdely know myself what would bringing the accused to trisl it the Buprome a long experiense of judicial life, leads me to kept in prison s long time, sad therefore to ground floor was broken, un augur found below bave to be proved as facts, and wibre the in Court; it tras not an oppressive net.
know that judges will often provoke Enfavour bas cause to complain against one. The French the window fitting into the circular bolo, in this terpretation of lawohould begins The At..
able comments on the part of the fitore and of Conal claims lifth, and then gives np bus anime, bar, by means of which it was broken. A čag- torzay-General was strengthened to this view of
the public, and that it is necessary to sit un and then the Attorney-General adopte what ger was found near where the prisoner was the oso by the fact that the man bad not been
moved under the censura that even these pass. I think was a very hard measure. That is only discovered. brought up under the Act of Charles II but
Itie in this spirit that I meet this case, and with my opinion: Trobably others have a very diffe. His Lordship, in-summing up. reminded the graat eerpustacee I have to address you. I will rent opinion; and they are as likely to be ne right Jury that if upon the evidence they abould find Düder his common law right. Mr. Cushing, in the United States--and I need scarcely say is a case of this kind, I think I aur ontitled tara desation also to any that although this is elam, His Lords in then trauted the subject that the prisoner, broke into the bcnse they on the ̈ Arsţ, count; that the greatest authorities, on international, sa tak for a general verdiet. Where the ques. case between a coulie nad the Attorney-Gone of the identity of the nfances in the two asser. should envict im M, Hayllar, in opening the ouse for the de-law, Story, Wheaton and others are Americans tions are very diffcuts, and where the Abral, the language of Sir Boason Maxwell is ap. There was this important point: Any colour if his entrace ene effected otherwias than by THE registration of servants has long beant
fendant, said: In spite of the aderissions which that if one finds that an Attorney-General torney-General feels his official conduct called plicable, namely, that the object of our law luble variation in the warrant or warrants not breaking, they must consider the second count recognised as one of the most amusing fares have been so freely made, and which the learned of the United States gives an opinion ou into question, it is only fair to bim that ibe to inaaleato or the minds of our Oriental fellow withstanding. If the substance of the offence only. The house was evidently one in which played by that versatile company, the Gondvocato tied up in a kast, I think I aball he rendition, it may be amonably held that jury should give a general verdict. Of course aubjects that the rights of the meanest online the same; the differenes of calling it ono burglary might be committed, for it was a vernment Varisty and Combination Troupe. able to show to you that there is no case of any the Attorney-General of Hongkong is justified they can use their discretion if they please, but are respected as much gethhes of the highest thing or calling it author would make no dif, dealing-house, and the place in which the pri sort, kind, or description. The section of the ia belding the like opinions, Well, in Forsyth the course I anggest world be moneatisfactory, officials. I ne eure you will take cuts to adopt ferense. (His Lordship then read Mr. Hayllar's sauer was found was not the place for un botest The time is long past when people used to statuta under which the action is brought is the is eentioned a one in with a demand for et Your Lordship has a very difficult task you that addsirable view of your duties. I am admissions to the jury. Now it was admitted man to be found in the middle of the night. ask themselves of what possible use this sys- 6th section of the 31st Charles, IT proerd in tradition was made, and Mr. Combing thought have to go through the intricate facts raised by driven aguiant my will to ask for a general that the plaintiff was committed both tigres for Fho hours was well scoured the bar had been tem might be. The poried of shaking heads the year 1879, Now from that time to this no that it should not be complied with, because the defence; but it would be more antefactory verdict at your hands, and I. aball there the same acte, and fant the acts in byth ouses hroken, and some one had entered the houer. if the Court ace at to put the greation to the fore have to raw distinctions and put views were crimes Wall, we should have thought But the trousers concluded the case, ud afber Eia Lordship That is, insufficiens for extcu-jury for a general verdiet of pailty or mat guilty. to you, which, if alara verdict atto that things which are equal to the same thing referring to them, be thought there was little in grave doubt as to its utility is also past,enis whatever bis ever been brought upon this auiolent ones bad not been made out,
I here.to note that, there is only one plentato facts were required, head not bave been done. were equal to one another, and that the crimes more necessary to be anid. and the whole thing is now known and section has ever given rise. The hopy of the dition
Mr. Haylor.Mr. Qualing held bowever that whieb the ease subdivides, itself Genie In the first pime, I have to tell you that ne to were the same in both cases.
Mr. Flayllar asked bis Lordsbip whether he treated simply as a auther heavy joke. Pas circumstances in striking. A Chicae.out the matter might be examined inte by any as of the Jury in jedging of this case, you will the functions of judge and jury, there is no
is to take advantage of the great statutory sibly, however, our readers were not quite privilege, and it is to be enforced for the first gietrate with a view to obtaining additional take into consideration the very fair, annuseted doubt that there in a strong line of decurvation would not tell the jury that the first woes prepared for the emphatic opinion on this time in this one of the smallest of Hot 35-evidenon which might lead to show that the and clour evidonge which the Attorney General between my duties and youre. Lord Hard. arime against the laws of China and the second
Bạn given to-day. As I sak, this fa not alto-wicke said that it is for the judge, to deter against those of Englandina
His Lordship-No, I am dealing with a spe- subject which recently fell from the newly jesty's possessions, at the greatest distance from extradition ebould be made.
His Lordship. But there was a writ of gether a new case. It cannot be said I think, mine the law and the jury the funts, I ag
Chan-a-ping was charged with forcibly appointed Coroner, Mr. Lars. That officer, home, and where there is great difficulty in ob-habeas corpus issued in that use
that it is one to enlist your particular sympathy. bound to tell you the law, and you are band cinl seçtian. taining the regalsito books and other necesarias
Mr. Hayllar-Your Lordship is dealing with taking away little boy, med Sing-fat, sud Mr. Francis, with great emphasia.There The man bringing It at any rate is therged to accept the law which I so lay down to you.
years, on the 2nd July, with intent to deprive having himself filled the post of Registra for conducting the case; and it is aleg some
with very heavy crimen. His Lordebiphold I may be a weak, I may be an imperfeos, I may the facts."
His Lordship said it was true they had come bis parents of him; also with enticing bita General for something like two years, may what strange that the Erst person against why not.
Mr. HayllarThe
The learned advocato need not that is the onustanove, he was justified from ha an arraneous exponent of what the law is, be taken to have some knowledge of the netu a brought should be an Attorney be so very emphatid, I have no desire to de relieving himself from the position in which he but whatever error I may fall into, you bure ont ultimately to be blinded in different ways. away by frand
Low-tow-yook, a hawker, living with his wife General; for we have researched so far as the working of the system, seen from the official books here will allow, and have not been able ocivo. the Court. The point is that air, Cub found himself-herals/room for difference of no right to arrest me I think it right to put bat they were the same criwe Another aide, and bis unequivocal statement is that to discover a single case brought against an ing held that notwithstanding the inrestige opinion. What being the appentanor of a jne this caution slearly before you, so that we may feature which was important, was my sirini Taping-ahs, and father of the child Sing. for the purpose of losing a runaway serrant Attorney-General for any nation done by bin with a view to rendition, the accused man stipation to one mind may not be another. On each guderstand our position. Lord Mansfield tie notwithstandin Thariation in this fat, went out on the 2nd, and returned in the in the course of hie duties. Un the contrary, and nut been tried, and, cheatpre, thight be some minds. the fonts tiny not Enve the effect, says that the constitution trasts the jury will case was that it was called piracy in the one afternoon, when his grife told him the child a short time previously leaving the child ont- registration in quite useless. The public who when we consider the practical circumstances brought up again. Well, then, with this dead which I must confess, they have produced on not caure a jarisdiction which is not in their case and sauer in the other. That was what was gone. She, it appears, had gone into a shop have seen quite enough of the system from in which he acts, I think I shell be able to in his mind, seeing that Kwok sing had never self. Tak ber of the coolies who can province, and that they will do right though Mr. Hayilst admitted, the outside point of view have long antici, show you the Low-very properly surrounds be tried, that he had ever been placed in was very grant. There were a hundred solios they have the power to do wrong. It is the day Mr. Hapilar said be did not admit that they dide. When she came out, the find disappeared. him with privileges which it is neccesary for leopardy for blalife, wasnot the Attorney-Generatiu revolt, The crew and the pptain only a of the Court Bay Store, to instruct the jury as to were the same time you The parents made search for the boy, and by His Lordship. Mr. Haylar, you heard what great good forene niet some friends, also ma carying the hic to have to perform his duties with any justified in bringing him before a jury the Tow, and it ereme to me that the coolies on the law, it is the duty of the jury to follow the important ass kind of admission, though of kind of enfoty. In considering the statute, it is tried . That bringe me to a material coustera rising might have been able to accomplish their law laid down by the Court, Gentlemen, II suid "You may inter if you like." His hawkers, who hul men a
tion. I read passages from Halla, shoving ends by means less sorere than those adopted, think your duties are really confined to certain Lordship proceeded to say there were two quarebild, and going on board the Magno pasange courer it does not spine from a member of essay to some bar Urus At in the misebriefs agnitat which the claints lovelled it is clearly proved that they filled eight or very few fuste My duties are to tell you that if tiene for the jury The question of know boat Yan-on. The parents went on board this the present Government. It would be rather not the father of the right of Habeas Corpus the particnlar change under which this case is aine men they took aquastity of property on you find the facts in one way ya are bound in ingly was one. He should have dirested the beat, and found the prisoner in one of the ex interesting to know on what supposition it It is a great mistake, but one which is very broughtyThat mischief was the one of gehore. The man who does such things is open consciende to find according to the law, so I indenandently of the Attorney Generale evitremition if the host with the child on his lap was ever imagined that the absurd process dommonly thads to imagine that this net inert warrants. But the puseser was charged prima facie to enspasion, pnt the fact may or shall star it with reference to these faste. The dence that he constructirely knew the offeroes. He was giving the child inelon-seeds, ansh,
His Lordship briefly abarged, the jury on termed registration could have any beneficial trednced any ann principle. Habeas Corpus is the cumming in hunt of England impress itself so forcibly on all mizde.ns on Habeba Jorpus Acb has been dealt with in a way to be the same Mr. Stayilor's first objection te amare bim. The prisoner was apprehenderi a Common Law right which detes from the to be no agtinst the laws of his Lordship, whose mind is so opon to syn which I hardly expected in an English Court was that this was a writ of habeas corpus at result at all. But in the absence of informa.arliest days, prior to Magua Charia. It has He was not kept in prison trishout trial at all,pathy with those who are unprotected and un-It has become history, and its origin is given in common law, hat reading this section is Inid these facts, and the prisoner was convicted on
His Lordship. Is that not a point for the able to help themselves, this may easily be the the life of Lord Shaftesbury, to which my atten it own a matter of is that the section the first cofinti
In passing sentence of two years bard tion on this point, it may safely be assumed always beau the inherent right of all satguts Court rather than the jars P
one. But some will not let these sympathication was called by an article, in a paper. This applied to any habras curpe, mening under when obarged with an offence to be brought up that the mode of conducting that process to have their trial, or to bare good reseen shown
Mr. Hayllar observed that it baro upon carry them so far as others, and there may be law was drawn by Sir William Jones, who was this Act, or outside this Apt. Whether the labour, and two Bouginga of 20 strokes cach, which is now employed was not contemplated why they should not. Now this privilege has ide question of "knowingly" or not knowingly differences of opinion whether nude the in some yours Attorney General, and resigned in man was guilty in fact or, as he had held him the Chicf-Justice remarked on the enormity of His Lordship. In that sot & point for the camstances they did not commit offerees great 1697 to be free to not vigorously with the opposlto be entirely innocent, he could not be re the orime, which he could only mark by the. by any man dane enough to be a legislator bean exercised with only varied enocens on ac
Mr. nylarNo, my Lord, actual knowledge ly in excess of the necessities of the one. Ition and it indue to the Habeas Corpus, bot that arrested when set at large, because there were severity of the sentence.
Prisoner asked for another year instead of oount of Kings, Parliamente, and Jixigav being even in Hongkong. It appears that a ser willing to prooted to arbitrary acts, so that men is for the jury. Lonntend that the Attorney sure you will not allow your sympathies to Bugland and Americs are the only two countries the words:" pretended offence to cover tho
His lordship-I had rather not be bargain. ent who already possesses a registration vern frequently thrown into prison and the General bad so acinal or constructive know press against a med like the Attorney General, where tra Iberty exists. His Lordship, then case of his incenos. Eie Lordship then re the flaggings, ticket way take it to the office of the BE. constitutional right of habeas corpus was of ledge that he was giving this mab into custody who is only seeking to do his duty. If the case rond an extract from lackstone on the Habeas viewed the Attorney-General's ning points, and
LARCENT AND RECEIVING. ne benefit to them. This state of affairs con- the name offence. here is no Ald not do caited for reprobation, if he wore, papetitating Corpur Act, and added that Lords Cameball trends read or the evitener. On the log with bien
Obeong-tan-kah was charged with stealing OISTRAD-GENERAL at any time convenient to finned with airy or lea severity, until the time it knowingly within the meaning of the section is often for his oma ends, I would not call and Macaulay had written in late years in the fact that the members of the Ezegative Coun under which the ame is brought The man in upou you to justify him; but if you do not see samo pirit. Therefore, be added--1 cannot Fol were in the room at the time of arrest, he him, make at the office what statements he of Charles II., when at last providert attention chooses, and insist on the entry of names and was called to the subject in coquence of the brught up by a constitutional method. That any of these circumstances in what be has accede to the proposition that any portion of remarked that the arrest could not have been in April last, tugether with one Afat, $190, the Earl of Clarendon Saving taken advantage of aloe vat difference under the habeas corina) done if you find that there being strong pria this Act is n dend letter or has become obsolete. cheir ant becauat the Executive could deu property of Bostonjes Godadah, also with re dates on his ticket in accordance with his bia powerful position to line warrants in act. He was brought up for the pupose of facis evidence of a great brite; and that fa en bonarder that the whole of this Act from bething except by axiting, and there was no civing 810 of Lae are sure knowing it to have Thie cooo, as stated by the Attorney-General, statement. This is a marvellous comme-blank, so that people were constantly avized being constitutionally tried before a jay dearouring to bring one of the perperitors of ginning to end, except a few words of arcessity evidence of this The Attorney-General had been stulen. lion of absurdity. The rest of the joke in and throwe in prison and the Freas was there was no idea of having him dealt with it to justice, he was only fulfilling the functione repealed, is the law and the right of every mentioned a fegnlution come to by the Council, connection with this rerelation may as well gagged by being placed under sensorship: there there to student of his office, you will give to him the behelle of Englishman wherever he goes, the right of but they did not know what it was. The Bre was one of vary strong anspicion, but was almost Was do redress against thie illegal incarcera aut are specially given to meet cao of high that sympathy, which every min deserres who every man who is under the English Gurern entive Council contined to sit, but had the entirely dependent on oiccumstantial evidence. Strect. On the 9th Aprit be röturned to his be told. The Hon. Mr. BALL was occupied tion. These genal arauts specified no banded aution on the part of the Government seeks but honestly and fearlessly to do ta duty. ment. These preliminaries being diapored of Executive Council say, power to arrest the Tins prosecutor, it appeared, liven, in Coobrano
of the time being who pul neople in prison set Mr. Francia then replied-o aid that be. I most draw your attention to the charge, and plaintiff particular person, but enabled their bollers to
in notes. In the house were two Chinese boys, the other day with a case involving a quesize any one they obote, and even without for the purpose of being brought to trial, but for addressing the jury, bo proposed to fall 1 must say the facts become very diffuult. Mr. Haylar nid he put it that anybody had house after business, and bad in his pocket $130 tion of a registration ticket. With the in specifying the crime for which the arrest was to get them out of the way. There is so sction His Lordship's attention to the statute andor His Lordabin, bere read the declaration] The right to arrest for alpay.
His Lordship-Thon all is this withdrawn? the prisoner and Alat Mr. Rustomjee called Mr. Raylor said he did not abandon the pot for some tea, and as the boys went to and fro to stinct of a lawyer accustomed to rely upon made. The state of affairs extating will be atoh as this alleged, and consequently the sohich they were proceeding in this case, in penalty effimed is £500, and I would remind the veracity of documents issuing from aseen from Hallam's Constitutional History than does not apply at all. Tas learned order to remove the doubts which aight pave you that £500: was equivalent to 62,500 or
drawer of a writing-table, putting the key in public office, the learned judge was disposer which sets forth fully the reasons for which the questi teeded to saldress die Beneb been unggeated as to its applicability. It might 23,500 in the present day, and therefore rea sition of the Attorney Goneral, which made it
the Habeas Corps Ant was framed. There is the question of the offences charged against be well to read to bis Lordship section six, pad will ces at what value the liberty of all subjects,stronger.
His Lorde said that as public prosecutor his pocket. In the evening on going to ted he to treat the matter as no longer questionable every resson 4 ounaider, however, that tho Kwok-a-sing. There w recent use to atk him whether he could told that it did not the poorest as well on the richest was placed
which he would call attention-a cano whisk apply. Tho learned Connael in bía reniarks on when that Act was, provided, not for the ad- the Attorney General and no more right to pat this key under bis pillow, In the morning after the production of the ticket, which it prisoner, Kwok-a-sing, plaintiff in this case. is needless to any fully bors out the servant's was not brought up to this Court under the ham is his Lordship'e decision the Instory of the Habeas At had stated its utge of the man, but for the protection of arrest than any other parton. But anybody be called the boys, ordered his bath, and went Park, and general bearing correctly. The writ of habene every member of the community. Having wideonid arrest for felony. If so, however, the 6th into the bath-root, leaving the key nader hie alatain of the Slat Charles II.; but under the namely, that of Boulton, atory. But the defendant urged with some common law, which gives a general right to another, which was tried before the Chief- corpus existen long before the Act, but the that, I will draw your attention once again to section took that right from Raybody in pillow. On coming out of the bathroom be emphasis that be had never seen and had orgy subject to call for the ese of a Justice in England. Theme zaen were fadinted many high bonded ants of Judge, Attorney- the Act, and as Mr. Francis well observed on respect of a crime for which a man had been called for some tes, ant them wao no boys to naver been consulted on the subject of the writ of habeas corpus, when he is impri-been tried on that offences and suited a General, and others white very reason why it it, there se frat the recital of certain great evils set. nt large, and therefore bat "szybody" be found. Que Rabim Khan, wis lived in the offence, acquitted, they was neccesary to embody the principles of habeas which bud originated this Act, and which trindaren't touch him. His Lordabip continued to ame house, saw the boys enter the prosecutor's soned. What the Statute enacts, and what
were also indicted the same rain uf en corpus in a stringent form; and the objectief Act was intended to remove. The Act was read bbc evidence, and on coming to the actual room at the time bo wan is bis, bathroom. ticket which was to be made evidence against state of things it was designed to meet suolanes, fur ontraging public, decency. ie the clanse under which the suit a brought passed not only to provide for a habeas corpus arrest, be aid: "I think minety-nine out of Euch of them tonde a handle of bloties,
Mr. Rustomjee went to bis pillow, a hundred would have done the anane. I would, went off. wga to meet a special abuse. It was that if under this Act, but also for a libeca, corpus at him, and Mr. BALL, somewhat surprisert, is well shown in the prambie, which alles
any constitute two different when DDGo rolessed on habeas corpis, it wi common law which it is alwitted that this bare boca very likely to bare done the found the key there, but on looking for the sent for the Registration clork from the office that whereas great delaye took place or that cans to show that the same set of cir.
the part of aberiffs, gaolors and others, who stes downstairs. Mr. Demown said he had re- resorted to chils whereby subjects were detain. orice. There were other case, of which susuible to maommit, one writ of habeas corpus habeas corpus is. There are two kinds of habeas same not having the fear of section 8 before votes found that they were gone. There wa ceived instructions from Mr. Surra always ed in prison, &s, it is enacted that within three as inferred to when his Lordelig heard the weld have to be followed by another and an- corpus, one at opdmen tee and one under this my eyes. In conclusion, hie Lordship asid certain lakong, named Sau Ayow, who wat charge, to which the learned Counsel re-other, and the object of the provision entirely Act, and then there are all the provisions made that the only ditenlly he had was whether the acquainted with Bahim Khan. The batter in to insert the names and Cates given by the days of the issue of a writ. they shall bring up ferred. He went on to observe that it was lost. For these reasons it was enacted that for carrying theas out. Thess are of an en- Attorney-General did what be did knowingly, formed him of the circumetano-s, and the other
the body of the prisoners, Those wnde are er
hard to comprehend that when changed man should not be re-arrested for tao samo.or tirely different character from the former. It and whether that mant knowing of the pre- day Ayow, now at linned at Pokiolum, arrested wervant in cases in which no communication oecdingly important in looking at thase acta,
comruitment under with an offence against the law of China ho similar pences; and this class was designed is to prevent the repetition of rexation to the vious discharge. If the opinion of the jury, the prisoner, who stated that Afat was in pri was received from the employer. These in- because in the warrant structions were given him on the pecasion of which Kwok-a sing would have been delivered off acquitted of any erre a not so much to protect dia sabisot against, pri- subject, be he coclis or be he peer, by being a to the knowing was uguinst the defedcaut, son sumewhore, and had given him $10 of the
the few of Bagland. He had been placed in vate individuale a ugniuet the officers of the re-arrested or roommitted. Be it enacted they would find for the plaintiff. Did be know plunder.
The prisoner was found guilty on the cant to the Chinese Government, it was ant forth
za jeopardy na tu those laws, and it was quite Orewa; and it required the farther Act of by the arthority aforesaid that no person or of what he (bis Lordship) bad docef his objecting to make an entry on a ticket that requisition has been received for the said possible that the resalt. of the sasoad-wint Geo III, to fully protect the liberty of the persons (delivered or set at large by any of The Attorney-fieneral naked to interposes for receiving the $10, and senteum was defer on the sole statement of the servant, which defendant for boving participated in a murder, would be the same as that of the first At the subjoet from asmalte from those in authority, the habue corpus writs wuthorised by this ta fow words as this affected bi in his public red.
and that he is a subject of China. The prisoner
The Seasions were adjourned to this day at 10 goes to show that Mr. Osmond struck cut a was charged with an offence against the laws of same time, when Kwoking had been re-uation six, it was to be observed, had's preattute) aball at any time bereafter be again im capneity. Bepposing that his Lordship's scintillation of intelligence altogether un-China-an offence which was a felony by Eng-laused, a constitutional jerial was wanting, and bla of its own, and was consequently practically prisoned or committed for the same offunes by ecoond judgment were erronsons, there was no it was for that constitutional trial that the At naw annet ment-in fast something added on any person persons whatsoarer, other than question of the legality of all the note, he had suited to the mournful abades of the Reisleh Law nod, therefore, there was felony plainly torsey General was anxious to bring the man after the Act had been provided. The learned by the legal order or process of such Court dong.
xpressed on the warrant. Now, 30 years
Upon the Attorney-General the advocate referred to the ass of Karl Spencer wherein he or they shall be bound by recoguie Hi Lordship said the jury had no right to TRAR-EXEEAL's office, and that the Hon. ago, and 160 year after this Habeas Corpus hold burden taste of considering whether Awannen, and orged that the questiong beance to appear, or other Court having jurisdio suppose that for a moment
The Attorney-General-No, but it goes to Mr. Sa lost no time in correcting so Act was passed, we introduced into the law of
nations extradition treaties, the first of which can shall be tried or not; and he stands before the court were this construction and ap. tion of the onuse; and if any other person or grievous an oversight.
My Hayllar onplained that his Lordship Bome time ago we published a letter frem as that concinded by Larl Ashburton with tween the Court and the public; and is in this: plication of thò atstate and of those which the persona skall knowingly contrary to this act the question of knowing..
The accupants of Nos. 189, 193, and 195, America; whereby persons arrested under this way a Court having to device, whether arouroad counset for the defendunt bad placed recommit or imprison, or knowingly proonre or
minals shall be brenght forward.. He in the margin of his pled, and that there was anuse to be recommitted or imprisoned for the had laid to down that the defendant did know an Indian correspondent, relating to a pecu- treaty by friendly powers have their cases en-
permitting, the back of their houses to be in a Diary loss which he had sustained through aired into, and then on the depositions being in fact, the grand jury. To would bofor nothing in the preamble of the section 5th of game offense or pretended offence, any person What question then was left to the jury? His Queen's Road West, were fined for unlawfally
taken, and the Coarta sed Governments being the plaintie to show not only that the wrong the Habeas Corpus Act, we in the wording of or persons delivered or set at large ne afore. Lordship might as well decide the case.
His Lordship-I don't pretend to leave it to filthy state; also him of No. 10, Upper Staun-
ton-alreat the gambling propensity of a servant. He iufiod; the criminal is given are to the legal process of any Court. The learned coun- construed in the jimited sonas, which was ing in, then be ne they shall forfeit to the prisoner then. Hayllar--Well, I don't k
alleged was done knowingly, but without the the section itself, which would justify its being said, or be knowingly siding or assisting there. country in which the erine has been on- led found the man and had his punished by T do not deny tint à ret habens sel would be able to show to the Jary not, only gested by ibe other side. An to the faces of the or the party aggrieved the sum of £500, say. Enytlar,--Well, I don't know what yon
Leandro Pereira, who had had a difficulty the Magistrate, but with regard to the money corpus is the proper way to bring a prisoner was it not 'done knowingly contrary to law, sare, the Attorney-General'e defence for his so coloratde preteroo or variation in the warrant are going to have to thei
His Lordship-I mid sonstructive knowledge with his chair coolies, was ordered to pay ther but it was done bona fide; that the Attorney-tion wasthat, it he had not asted as he did, Krok- or warrants of comisitment notwisbatanding, be bad failed to find a momedy Mr DEANE, up before a Court, but it seems to me that he general had no reason to consider that the two sing would basoescaped; bat the proper course to be recovered as aforesaid, "Well, there la
Mr. Hayllar,I never heard of constructivó 40 cents as the hire of their vehicle. when applied to, refused to proceed against is not brought up under a writ of habeas offences charged against Kwok-a-sing were the for him to have adapted to arald that braitin no doubt about the mode of recovery. You knowledge. If your Lordship had said you Tip-a-choi, a mendicant, having a crippled the gambling-bonse people for allowing a corpus ander this statute, but by hie inherente; that in point of fact be acted as he did gendy was for tio to state on aidais to the will have very little to do Ent to consider this were not going to leave anything to the jury,hawa, and ordered 93 from the poor bus; we of
right to hure bie case heard because he is à pri
argue the work, newly-made a father, he had begged from servant to play, because forsooth our corres-aner. That seems to me to get rid of the in the constitutional exercise of bia discretion Cours what additional eridones be intended to clause, and answer the question, " the I wouldn't have argued the case.
as Attorney-General; that he was bound if he produce, and to apply for authority to re-arreat plalati in prison and charged with the of His Lordship,--f'didn't ask you tɔ
:.:
noccesity: pondent was not a European. No doubt, difficulty of a writ of halez corpus when insidered, there was presumption of guilt and imprison. the acoused, who could then have fence, and being so in prison was he or was be use
Mr. Hayllar-No, my Lord, but I had a right felony is plainly expressed in the warrant. If
La Ayoung, unemployed, was sent for three Mr. Dans bad the actual words of the He- I am riget, in saying that the original right against the mat to bring him 10 trial constiin-been put upon his wist before the Supreme not on the 18th of April, 1871, or when, vised Rules on bis side, but the. Captain was not within the meaning of the Act, it scerationally. Upon the question of what consti Court. To set up vierely that the Attorney brought before this Court on a writ of habeas to argue the case, and I had a right to know
having enterod, after 11 p.m., a hekkow ounge - Superintendent is far too much inclined to to me that out away the whole ground from ted "sowingly dog en llegal act, the General waa aurious to have the man tried, was corpus, and delivered out of prison and sat at beforehand what your Lordship was going to months to prienn as rogue and vagabond, for Hare there was a good deal of confusion; inboat, and commenced-to-take-of-its-batebly play the part of a judge instead of thet of a the Firituff's case, because the case does at learned counsel referred to Hurrat and aber no defence, because he did not follow the pro- lago in respect of, and from that offencu leave to the jury.
3. Wise and other cases. In the above one a per- moda which was to apply to the Court. It is admitted that the man was brought be
the midst of which the jury seized the stainta which te soused its inmates. come within the Aot at all. It was not one of
man insured his ahip, and at the time be fout He put it that on this scout the Attorney for me discharged, and re-arrested, and in policeman. The Government have no right the particular raischiefs against which the Act the insurans the port to which the ship General must be lipid to have noted, knowingly fact all the proceedings until he was again taken book and retired. His Lordship observing, -to shield themselves under an officer as it was aimed. But, gentlemen. I am strengtb.
was going, was blokaded. When the policy within the meaning of the sistate. He must before Mr. Blay The question is, did the de-It's all wrong 1 suppose; but you can set it ened in this conviction, because if this person originally had been arrested for piracy are an end upon it was contended that he knew bo presned to know the law suficiently the fendant do this knowingly P. To that is involved right afterwards
When the jury, after an abeonios of ball-an became clear afterwards, for our éorios gentiam und been jadigestle hars, it is clear no of the blackade. In point of fact, he did not aware that it was his duty to apply to the s very important question. The question I put pondent proceeded to enquire of the Ezore writ of habeas corpus would have laid, because paranally know that there was a blockade, but Supreme Court for the re-arrest of Kwok-a-to you, and you will wourer it for yourselves, by boar, retarded into Court, it appeared that two TRAR-GENDUAL, who after some time inform there would have been felony gairet the Laws there had been modification on the subject.sing, and thet be had no right hlinssil to ander way of leading up to a general verdict. I questions ind hear banded to them by the
of England, which could only be tried by: In this one it was held that whether the Cap-his re-arrest. As to its being urged that sop admitted that the prisoner was par to this in-Chief Justice: They were follows
1-Was Kwoking imprisoned for an Judge and Fury; but when we consider the tin knew of the blockade or not was a tion six did not apply bocansang esso had been ponvenience, but the defendant says that he did
decided on it, it might equally well be argued not ac It Kaswingly." It is admitted that offenos PWH he brought before the Court particular circumstances ander which the map question to be left to the fary, N
Upon the question of the position of the A-that the statute abolishing the Star Chamber the defendant, osoned the plaintif to be again on a writ of habeas corpus ? And was bo dis was arrested, is it quite clear that the writ' of
torney (leneral, the Court s'ated it was wiling was not in force for the and reason. The de imprisoned with respect to the charge of which charged by this Court on that writ on 1815 of wet P Ie was brought up under the writ, ny down that he was in the position of fondant makes a great point of no nation bay he had been discharged, but it is deined that it April ATA His Lordobip bad to deal with it ad against the grand Jury. That was the highest at which ing beer yet taken under this section; but it was done Knowingly That is the main 2-Did the Attorney-General knowingly laws of Chins. It was quite possible for limit could be placed. This being admitted, Mr. might be argued that the part applying to question between the parties. It has not been cause Kwok-aising to be imprisoned again for to prosince him as innocent against the laws Hayllar id, it would be for bus Lordship to judges was not in forse for the same reason.mggested that there was any Court which had the ease offence
On the first question the jury found for the he said be bad found in the market. decide whether the principles which generally The cause of there having hitherto been do jurisdiction to finally dippote of the case Itie Mr. SMITH as Registrar General of China. There was the muse of a man of sea
breech, teu strukea on each occasion, and twice of whom the American Government demanded Pply to judicial officers may be lau held to actions was simply kunt u Judge or Attorney not alleged by the Attorney-General that plaintiff, and on the second for the, defendunt,month with hard labour, twice fogged on bis His Lordship thought the jury had better solitary confinement, three days each time, on rendition as a person baring committed piracy sply under statute. The penalty was meant General bad before and the temerity to make he had the order of this, Court or that by a majority of qas (4 to 3).
himself obnoxions to the pravion, As to the he had the order of any court having jurisdie against their low. The Lord Chief Justice to be imposed for a malisions. held the orime to be piracy jure gentium [lis Hi Irdship observed the word malitious print about the offences beleg the same, the tion. Jurisdierion is the actual power of de retire again:They had had a very short rice and water.
jadgment of the Chief Justice was conclusive, ciding. The way. I anduretand it is, that the deliberation Ant
Felix Egao, without any ahude or denes of " Lordship-"If anything" and this being was not in the noction.
aubuistener, discharged some months ago from nons which prevalle in that locality. As far diciable in England, it was not a case for Mr. Hayllar-Naj besuse the word "know. He placed the Judictments side by side and plaintiff sving been unde discharged by thire Hayllar objected. The verdict was for
rendition. There are three points to whieb Ingle" urlies it. It implies a determination to made, it manifest that there was no materialooart, there is no other that bra jurisdiction tha defendabt Ordinance.biok for the Annis Laurie, was seht to gaal for fourteen
in the cante. It is impossible that there can Hie Lordship studied the s as the registration of servants goes, it is of would draw bis Lordship's attention. His overcome the law in spite of a cynriction of its difference between the crime charged. The
Lordship gave well considered judgment,probibitions. It was aimed againat pulling Jary would not be deinde into believing be any sonst which has jaziedistiga in the cause short time, remirked that the jury bad dr days with hard labour.
Kwan-n-ahing, watzbar to Mr. Alexander which is entitled to great respect, afras going persone, illegally in prison with the deliberate that the charge by the Chiume Gojaredlet.cn being the power of Shally dispn-oided the law, and then asked Air, Francis through the sirennstances with vary great intention to oppress sporo with a high hand in vernment lind knything, to us with disease. sing. I tell you that is my law day that what he had to say regarding the roedict
The defendant pu optato plea down. And thou we come to the considération Mry Francis said the verdict was evidently McIver, Superintendent of the P. & O. Com- pains when King was brought before spite of the notion of the Court.
of reasonable and probable cause for what he of knowingly,” and it does seem to me that for the defendant; and is supposed must be pany was charged or suspicion with being either principal or seasory its robbury sildid but there was absolutely no necessity at in the whole question you have to decide pu entered a snob.
all for what he did. Ele had no just Dodasion have beard the Attorney General's evidence, r. Rayllar remarked that it would be of that had tukou plass at his residence so the conema open to Mr. Francis th more to enter night of the 17th instant. Complainant bed for violating the meator of the Loperial Acty and Tom road over to you again.
dined out; the waterman on these occasions as except that be put to the jars in eridenso that His Lordship then read the evidence, re- the verdict for the plaintif
The jury were then discharged, and the Court a rule was in the habit of meeting his, but did guilty of no crime according to English Law. Mr. Hayllar. To I
The Attorney-Guneral asys that he had the rose at about 7p.md Coast do an luat night. Un the boning of the 18th instant complainant was dulled by his I wab to call pour attention to this fact that polition or other like enda. What pussible end and did not know either as a lawyer or a zin
servant, and then forud that theives bad outer are all secured by respectable bongs in the according to is Lordship' decision this man at this kush could the Attorner Ueneral, have tenan that the offence of murder on board authority of the Lient Governor, but it has
ed the house ducing the night and that a varie- Colony. Why in the name of common is perfectly teaccent. To do this, however, be It could make no difference to him whether the French ship was the same se pirsay jure not been sherg. to use that. great as is the
July 196 The Chief Justice opened the July Sessions ty of articles of jewellery, k verolver, an opera must make birself the arbiter of fact as well as man was tried or not, He was only endeavour ginn; or, that, the offenes charged before authority of the Executive and the Lint-Go sense could not servants be so secured in a law. This was was on board a abip, which was ing to do bis daty Under the circumstances Mr. May on the end indistract were the verpar, they or either of them hare the public office?
fitted up as a coolie ship in point of fact, he in which he is placed, it would be opening the same as those proviously charged. Could this right to arrest asian way more than any yesterday. The following jurors were sworn: glass, the stade from off bis shirt, and a quan took the life of the captain. His Lordship door to a number of oris to hold him Habis in answer be deemed consistent. To act up that one walking in the streets of Hongkong. Mesars. A. G. Aitken, B. Dunown E. Grau, T. tity of clothing, the property of the Ansh, had from the four upper rooms; a ropa was found held that he was justified, beesuse he didney suolf way as this. He may be as who is the Attorney-General does not know the oriz I say this with avery respace, but no ass has G. Glover, J. G. Woodford, B. Bolomon, and bean stolen; the theires had taken articles
Lan Attorney General prosecuted
fastened to the Eastera pillar of the verandah It will be noticed from the Telegram which this with a view, to regaming blerowout Pubject to error, but he le emeerminal effects of certain acts, war certainly been shown
Mr. Hala-No, my lord I merely put it
reaching down to the road, a distance of 40 f.; we publish to.day from Shanghai, that the pro-liberty, You will bear in mind this coee able to Government or to the House of Com- something extraordinary. With regard to the
|:: Chae-Khung was pharged, with burglary the defendant must have boun guilty of neglect - perty salved from the wreck of the Chuson in reated there. The man was appeidered innos mons, who might it they had peach him; Attorney-General acting grad jary, Mr.assinvolving the principle of respondent superBUZOLARTA AMAN the Coren has been saved by the Ringdows, centuncording to the law of England. but is be answerable for his acts as Attorney- Fruncle arred that a grand jury could only rior.
to be determined Ris Lordelibet in moč how that is. If it committed on the 17th June on the premises of duty, and was probably in collusion with the well as the two British ambjente.
Buy now we come to the next step. The At General to w Jary I tht not. It would be find ce the inanes torney-General bell, although bound so far as going beyond the spirit of the law end of tight, betute it, and to others. But sapposing had been by the order of a superior, bich was of T S D. Gabboy, No: 6, Holywood Road, theives he knew.cothing at all about the ripe the fence was concerned by his Tordships if he were beld liable of bitself to any penalty he was acting as grand jury, was he itself justifiable, the ads would be justifiable; panting one opera glass various articles of or the rubbery. Reteanded until Exturday;
BEFORE J ROESELL, Esq. decision, which catablished shat the prisoner whatever. The learned coutelponcinden by not lep noting as netsher of the bat the fafurier who takes bie direction from olething and some silver: buttons; also with witled to bail in two householders, 950 each. could not be given up to the Chiuto Autho-preising his regret that his argument had taken Executive Council, and as the mouth piece of superior mest only take justifiable dination entering during the right-time the dwelling-
A LESSON, It appeared that the prosecutor how with ritice, that the man could yet be tried scoord. p more time than he had intended it should; the Lient foremost. It was given is evidence The man who orders in the defendant. It is hoes mentioned with felonions intent.
Mark Clarke, a seamay of the British ship ing to the Laws of England, for piency jure but be neged that the gase vie a new one, and that be determined to adopt the apurse of true the Attorney-General is in a peculiar posi gendiun, whion the case a prints facia, Ao was embarrassed by considerations of the lan action objected to before the Exactive Council tion, and it is his duty to take care that every his family in the upper part of No. 5, Holy- Times :-
oordingle, and a clearly set forth by Mr. of extradition; but he was confident the Court The learned advocate had been present himself body is tried. All the facts necessary for the wood toad, the ground-door of which is used Glamorganshire, who was found ring quite Jnation Crompton, piracy jare gentium is puu- and jury would pardon the length of his address on the occasion, and so far so he knew, be find plaintiff are proved, and it does seem that these for office and godowne, Between 9 and 10 drank below the New Barracks, or to a In Copimons, Jenkinson mered that an en-ilable anywhere and to Kwok-a-sing was when they bors in mind the importance of the no fuen be was before the Executive Council.ole come within the very words of the Anp. on the 27th June all the family retired to quantity of clothing, was disobed, as it was which was involved not only He thought he was simply before the Lieut.-that the defendant has recommitted and impri- rest, haring made all the doors and windows assertsined that the articles were the effects vi quiry should be made regarding railway comtriable for the offence not only in China, but matter, ta munication between Mediterranean Sea and in every diy led country where he might find the duo of this particular onde, but alto the Gotemor exercising bis powers as a Magistrata soned this Nothing indenied except that fast, and caring no means of access without William Breatheurt, a private of the 75th Re Persino Gall, Daff consented to motion if biuself. In the case, the la. vary important position" generally of the Attorney-General The Attoruoy General said Kwok-a pine was he did so knowingly, sad the character of the breaking: In the middle of the night ble pro giment, who had deposited them in the place
A LOAFING CHANCE. political, financial and physicial obetapies consideration If the man in triable here, what when ceses were brought against bim. The discharged, and immediately after, he was, perme who did it. The only question raised in sesutor rose, having pccasion to go to another where they were found, in a fit af drankenese. Powa-foot was vedured' to full security in could be overcome and advantageous to effect bad his Lordship's judgment; and what learned Counsel the briefly recapitalated rested. He urged that all that bad bon said whether the attorney General is to be contid part of the house. Passing the verandab be to the guil: or innocence of the plaintiff bail ered knowingly to have done it, or whether saw the figure of a man, and immediately made Eogland. Care demanded that enquiry reasonable ground had the defendant for be bis arguments, the Court taking pote of the should include all lines between Europe and living that his Lord.hip would for a second titus They were:-The Attorney-General did not got nothing whatever to do with the notion. The filling the various responsible officer, he does, an outory which roused the serrauts. They $25 for three months, having been found on Sa Indie. Charles Eclindeid Wingfield stated that discharge the prisoner on haben vor, I feel a knowingly; in pics of fast the two offences point was the law bad Iven violated is his par-justified him, and that ble offices override the found several boxes opened and the place straw turday night in the compiadore's rou. xt the the Euphrates line cannot compete with Egypt delicacy in treating this portion of the subject olíarged were not the same; if they were the son; he had been subjected to very verations section, it seems to me thuit the section was with clothing, and also discovered an opera. Senman's Hospital, and in the boy'a room in Dr. roate now, nor would it enable us to entisek before this Court, but I ust show what im-sme, in any sense, the prisoner had not beeu und bare treatment, and this had been spesially designed to meet wels by persons in glass on the ground, uluss to which there was Adams' house. Defendant cinimed the enu- an iprasion of Ladia, bas nevertheless it was pression of law was on the Attorney General's tried by a Ouurt of competent jurisdiction; the direct violation of his rights Brišish sub the highest ranks of the administration, and a window opened. Looking through this they pradore an bis azole, and use of Dr. Adams' an advantage to Bave's second route to India. mind when he gave Kwok-a-sing into custody.section did not apply in ench & case as this; jeut, and under the Habear Corpus Ant upon there can be no doubt that it was not designed saw the prisoner holding on to a cornice untboys as his cousin. He was recognized sa bav
object of that Ast was to protect the in the hope of getting down subsequently. the larceny of an umbrella. Motion of Committee was carried 86 ainet Ilis Lordship could not expvol that a jary more especially as the whole of the English law which status the whole question turned, and against mere misoulot, but that the great side with his face against the wall, evidently ing serred four months with hard labour fur
on which be confidently rested his case, 100 (wic)
would proclaim that man innocent of crime does not apply to this Colony
was clear they did in this case. That is, it
ed him that he was forbidden by the tierern
ment to do anything in the matter. Just ont
of curiosity.me should like to know how much
of the Government had a band in this for
bidding, and whether Mr. Surr's own veto
as Executive Councillor would be binding on
:
But there it is not a month passes in
which some extraordinary abuse contented
with the REGISTRAR-GENERAL's office is not brought to light, notwithstanding the dark
habeas corgis antitled bim to regain hie liberty
course impossible that Mr. SurPH should
make things better while the present system
the Court, and we obor red with wore which, according to English Law, bis Lordabip held
Eurwat
continues. But one would sucy he could
His Lordship-A particchir person- avoid making things worse. However, legis
Me Hayitar.-Yes a
particular person, lative action is necessary in this matter. It to be nu, crime. Whether there is or is not fully and maliciously, t
- Not in a£õiduell pla tion could be adopted similar to that in been laid down by this Court, that the man was
i unquestionable that a system of registro reason to demur from that decision, it basis Lordship maliclonsty, and for he did not know therfalemper: were the sanie, † marking 'ow part of it me follową z
vogue with respect to trading junks, which
ARRIVAL OF THE FRENCH MAIL
The Messageries Maritimes steamship Aus, Captain Rousseau, with the Marseilles Mail of June 11th, arrived yesterday..
The following telegram is from the Straile
Loxner, 24th Jane.
CRIMINAL SESSIONS.
XU.
POLICE INTELLIGENOR. 18% July. BEFORE (. MÂY, Est
DIET.
·CEAIE.
COASTY.
ROGOS AND TAGAHONU.
.
Defendan: suid
that he waited to see a friend.
REMANDED CASE Wong-n-turg's cleft to a ration of bread and beef, having been inbstantiated by Corporal Torpey, the case was discharged.
TWO DAYS BUNNING. Abdoola, Berman of the P. & O. steamship Orise, was fired $1 for being drunk, his eccond offends in two days.
KONORED ON THE BREECH,
stolen quantity of salt fah from the stall of
Leong-tum-cba, was convicted of having Low-a-hui, a seller in the Wanchi Market. H carrying about eight catties in a bundle, which was found by I.P.C. No. 245, in Nullab Lane,
شده که
DESTITUTE.
BURGLARY,
Bre