CO885-(10-11) — Page 755

11213.

No. 603.

(GIBRALTAR.)

LAW OFFICERS to BOARD OF TRADE.

Case

PUBLIC RECORD OFFICE

π l l l l l l l

Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

For the opinion of the Law Officers of the Crown.

The "Hope," a British ship, was abandoned on the high seas near the coast of Portugal on the 28th December 1868, and her master and crew escaped to the British ship "Memnon."

The master of the "Memnon" ascertained that the "Hope" had been scuttled, but he placed some men on board of her, pumped her out, and towed her into the Port of Gibraltar, where William Thomas (master), William Evans (1st mate), Thomas Thomas (2nd mate), Vilhelm Grimm (carpenter), and Evan Evans (sailmaker), of the said vessel "Hope" were committed for trial in due course on the charge of having scuttled her.

The trial of the prisoners commenced before Sir James Cochrane, Chief Justice of Gibraltar on the 28th June, and continued till the 6th July, when the jury were dis- charged in consequence of the illness of one of their number, and the trial was post- poned to the Winter Sessions at Gibraltar, which will not take place till the end of November or beginning of December.

Several complaints having been made of the delay which would thus occur, the Lords of the Treasury approved of the necessary steps being taken for having the prisoners tried in England.

Warrants have been obtained of the Lord Mayor, so that if the prisoners can be brought to England they can be tried at the next sessions of the Central Criminal Court, which will commence on the 25th October.

It will thus be perceived that the trial, if conducted in England, would in all pro- bability take place about five weeks earlier than if it were left in the ordinary course to take place in Gibraltar,

There is no difficulty as to jurisdiction if the prisoners once arrive in England; but the Board of Trade entertain some doubt as to what effectual process of law, if any, exists for bringing the prisoners and the various documents, &c. to this country.

Several courses have been suggested by Mr. Flood, the Attorney General at Gibraltar.

It may be well to submit the suggestions verbatim before proceeding to put the questions.

"I advise that the officer charged with the execution of the warrants granted by the Lord Mayor should be sent to Gibraltar, and that the Board of Trade should move the Secretary of State for the Colonies to instruct the Governor to request the police magistrate to deliver the prisoners into the joint custody of that officer and of Benny.*

"It appears from a letter from the Chief Justice of Gibraltar of the 11th instant that he suggests the removal of the depositions and exhibits by writ of certiorari. It will be seen by my letter of the 11th August that I have already advised that course Fand given my reasons for giving that advice.'

"In O'Beirne's case, in 1865, the Court of Queen's Bench refused a writ of certiorari to St. Helena, applied for by me on behalf of O'Beirne, on the ground that the consent of the Attorney General was necessary, and on application to Sir R. Palmer, then Attorney General, he refused to act on the ground that it was not his province, but On the other that of the Colonial Attorney General, to grant the required consent. hand, I am of opinion that if applied for by the Attorney General of England on behalf of the Crown it cannot be refused. It may be issued in vacation. A judicial opinion may also thereby incidentally be obtained upon a question referred to in my letter to the Colonial Secretary of the 8th July, namely, whether the depositions will,

• Sergeant Benny, officer of the Gibraltar Police.

o 16978-741.

25.-5/86.