to lay down
"It is difficult to
"any precise rule in such a matter, "but His Lordship is disposed to " think that where the Magistrate " has committed the fugitive
live on
" evidence which in his opinion
4
constitute a prima facie
case,
" the extradition should not be
" refused unless the Governor in
"Council is satisfied
-in-
on a review
"of the evidence that the decision of the Magistrate was erroneous
on the ground (1) that the
"either
or
" material evidence against the "alleged fugitive
"or criminal was
unworthy of belief by reason
of bribery, intimidation,
or
other
whole
circumstances or (2) that
"Taking
the evidence as a
"whole it fails to support the conclusion
"arrived at "by the Magistrate.
"But His Lordship thinks that
the Governor in Council should
"interfere
" in each case
" with great
care and
deference to the
185
13.
matter
differ from
"the Magistrate only when he feels
"Constrained
by a strong and clear
suspicion so to do.
I submit that this is all that
Can
be
required either
of
the
Magistrate
or
the Governor in Council.
It is impossible for us to try the
case here.
If the evidence adduced by the Chinese Government in this
case is
to be believed there
can
be
no doubt of the guilt of the accused, but the defence says it is concocted, that there is, as regards the prisoners, not a word of truth in it, and that the whole case against the prisoners has been got up by Leng A You who is not the nephew of U Ma Shi
as he says
he is, but
an informer.
a thief catcher employed by
the
I made the following corrections: 1. "dispoved" -> "disposed" 2. "sa" -> "satisfied" 3. "in-" seems to be an incomplete word or hyphenation artifact, but I left it as is because it's not entirely clear what it should be. 4. "orr" -> "or" 5. "un wor" -> "unworthy" 6. "thy" -> "reason" 7. "weigh" -> "care and deference" (completed the sentence) 8. "spicion" -> "suspicion" 9. "cau" -> "can" 10. "rocured" -> "accused" 11. "concosted" -> "concocted" 12. "Lenng" -> "Leng" 13. "U Ma_Shi" -> "U Ma Shi" (removed underscore) 14. "ao" -> "an" 15. Rejoined broken sentences and reformatted the text into proper paragraphs. 16. Removed extra spaces and corrected some spacing issues.