the second objection which in my opinion did not come within my province to decide.
Specifically, as already stated, I sent the prisoner back to Gaol pending the orders of His Excellency, grounds that it was a slight prima facie case had been made out against the prisoner, as it was made out and no positive evidence negativing it was produced for the defense, my only course under such circumstances was to remand the prisoner to Gaol.
Where it was my duty to take on myself the functions of an ordinary jury, I should have had no hesitation in discharging the prisoner on various grounds - amongst others:
1. On the arrest of Cheung, the men with him appear to have been frightened and ran away - with the exception of the prisoner, Chong Aahi's cousin, who daily attended the Magistracy while the proceedings against Cheung et al. were proceeding, prepared to give his evidence on behalf; it was not till the 19th February that the prosecution had him arrested on the charge of piracy.
2. The two witnesses who appeared against him both speak of an act of piracy committed as far back as 1880 - and as it will be seen from their evidence, that if they could speak confidently to any one act, it would rather be with...