opening the prosecution could fail,
OL
and he recommended that a Nolle prosequi should be entered on behalf of the Crown, on the ground that written warrant for the committal of Captain Michels had not been delivered to the Officer of the Court;
and, during the "prosecution, mention was made
having communication on the subject
巴
with Chief Justice Houline, I understand from him, that if the case were brought before him, he should decide that the prisoner Michels was not legally in custody, and the indictment for rescue was not good in law, and he countenanced
the suggestion that to enter a
Nolle prosequi should be the most satisfactory arrangement of the matter. I determined to direct
a Nolle prosequi, and I instructed the Colonial Secretary to intimate this conclusion to Mr. Keenan's Counsel.
But, in justice to the committing Magistrate, I must point out that the practice pursued in this case has been customary ever since the establishment of the Police Court, and that the Boat Building is in the same enclosure as the Yard, as will be seen from the enclosed N.1 plan, which I forward in order
that the circumstances of the case may be fully apparent.
Page 160