the danger of another
7
the Murderer (criminal sessions, 25 April 1856) was thus deprived of the opportunity to suffer the last penalty of the law. It is time that, upon my second application, His Lordship, moved by my representation of the danger of failure of justice (the prisoners being sailors, and liable to be deported upon their proper authorities), did appoint a special Intermediate sessions to try that particular case. Upon first application for the trial of the prisoner – himself most willing to be tried at the then pending sessions, (his commitment having occurred during their pendency) – was rejected absolutely;
Four Lordships, on both occasions, laid down the rule thus: "It is the Attorney-General's duty, if the depositions are sent to him in time, to exhibit the Information, when found by the jury, within the period provided by the Ordinance, so as to enable the prisoner to receive his five days' notice. If the Attorney-General cannot do so in time for that purpose, he might not exhibit the Information at all during the approaching – pending sessions, but reserve it for the next. At all events, added their Lordship, a fortiori I will not try any case of felony, where the five days' notice has not been given, however ready the prisoner himself may be to dispense with that notice."
I cannot subscribe to these opinions and rules of the Chief Justice: and I am sure that, unless they are compelled by the strictest necessity,