Upon hearing of this application I immediately appeared to oppose it, and I obtained an avoler for the removal of the Procedings into the Supreme Court with the objent of applying
For
a Rule to quash the Writ of Habeas Corpus. I suggested to the Chief Justice, having regard to the views which he entertains about this
Case
sue, that he should pro-formas refuse the Rule to quish the Writ but also suspend his Judgment on the return of the Writ and his Order of Prischarge of the Prisoner until se reference had been made to the Secretary of State ms to the expediency of applying to the Judicial Committee of the
410
3
Privy Council for leave to appeal -against his refusal to grant the: Rule to quish the Wait.
Cams at a loss to devise any
other course.
Paw
by which the Prisoner lawfully be detained in Custody for if the Chief Justice should formally pronounce his Indogment on the retiven of the Writ of Habeas -Carpus which is published in the Daily Press, I apprehend that the
Prisoner will be entitled to his discharge. The Chief Justice will I believe indist upon delivering his Judgment as published in the Newspaper, but he has infaroneed me that he is prepared nevertheless to detain the Prisoner in Custody rentil