(1) that notice boards were maintained at different places which
could not have escaped the observation of defendants,
353
(2) thut the status of defendants as daval Officers of a Foreign
Power placed then under an obligation to exercise more than ordi
nary caution;
(3) that beyond the disregard paid to these notice boards, no other
suspicious circunstances characterised the trespass;
(4) that the spot in which defendants were found was on the open
hillside in full view of the sentry;
(5) that the tias aslected viz: ila.. was not likely to be an
hour favourable to purposes of spying on fortifications;
(3) that the presence of three man together was not conducive to
secrecy or concealment.
12.
Bearing these considerations in alnd and also the fact which
was connon knowledge though nèt in evidence and therefore not striat
-ly judicially cognisable that the defendants had been under arrest
for several hours the day before, I was of opinion that a fine of
appreciable amount was necessary to indio.te that an offence had'
been committed but that the quality of this particular offence did
not call for a larger penalty than fifty dollars, the maximum fine
imposable being $500.
(Sa) T.Sercombe Smith.
Aoting Police Magistrats.
24th February, 1895.