greater privacy were in themselves proof that the matter had been fully discussed already.

This is already considered.

14.

confer § 10.

13.

expressed by George Briarly amazing to the Battalion Sergeant Major policing the Examination: You will find any of so there.

16.

The men did not decline herein stated; but George Briarly took upon himself to speak for the rest and said: "We will not attend the Examination tomorrow."

As I had only just finished explaining to him and the others the absolute necessity of their Regulations of the Service being obeyed, and had given a further Order that the men should attend.

14. Under these circumstances, the said George Briarly and his comrades took no further steps with reference to the aforesaid inspection, trusting that the obnoxious regulation would not be enforced as against them, inasmuch as, at the time of enrolment in England, at the swearing-in in Hongkong, and at the interview with the Captain Superintendent, no mention had been made thereof.

15. That, on the evening of the 26th day of March, Briarly and his comrades received notice that they were to submit, on the following morning, to the aforesaid inspection, and immediately upon receipt of this notice, the said George Briarly and his comrades expressed their unwillingness to comply with the order, in respect that it was in violation of their contract with the Government.

16. That, on the morning of the 27th March, the said George Briarly and his comrades, not having presented themselves at the inspection, were summoned into the presence of the Captain Superintendent, and ordered to comply with the terms of the regulation, but this they declined to do, for the reason aforesaid.

17. That therefore the said Captain Superintendent placed the said George Briarly, who had acted as spokesman for his comrades, under arrest, and, after an interval of thirty hours, during which time he was kept in ignorance of the nature of the charge to be made against him, brought him before the Acting Police Magistrate, F. W. Mitchell, Esq., charging him with "insubordination and disobedience of orders" in that he declined to comply with the terms of the aforesaid order.

That at the hearing of the case, the said F. W. Mitchell, Esq., advised the said George Briarly to return to his duty and comply with the regulation, promising, in the event of his doing so, to represent the matter to the Government and to inflict upon him only a very lenient punishment for what he considered "technically" insubordination.

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positive bring obeyed, and had given a further Order.

17. On the Marx, Sergeant Briarly was under arrest on the spot; he was therefore fully aware of the charge against him. He was not confined for 30 hours, but only until a Magistrate should sit at the Bench, which was the following morning, 24 hours afterwards.

In order to give Briarly ample time for his defence, the case was adjourned by the Magistrate, first for three hours, again until the following day, and again for half an hour; during these adjournments, Briarly was at large.

18.

Mr Mitchell said nothing whatever about 'technical insubordination' but on the contrary said there was

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