438

intendent of the Gaol in Hong Kong.

to receive the men and detain them.

out the sentence).

to carry

in prison I should be glad also to be furnished with a copy of the Instructions for "Naval Courts" mentioned by the Commodore.

I believe also a book on Jurisdiction by Foreign Wall has been recently published. I think it should be written for as it would be useful to the Attorney General's Office. In the meantime unless someone can refer me to the authority of the Court to send these men to Stongsong Gaol I cannot take the responsibility of saying the sentence is sufficient warrant to justify keeping them in prison. Unless I feel a doubt I must decide in favour of liberty.

I would however suggest in view of the grave responsibility of letting the men go free in face of the sentence and the serious nature of the offence instructions should be telegraphed for. The sentence and proceedings have to be sent by the Court to the Board of Trade and they ought to be in England about this time. Telegram might ask: "Seamen Steamer 'Naushan' sentenced Naval Court, Honolulu, imprisonment StongKong arrived. Can this Government imprison without trial here. Sending reply might be detained."

(S?) W. M. Goodman,

Attorney General.

8th December, 1894.

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