201
served by Ath. Parker, the then Acting Crown Solicitor, upon my Attorney,
Allorney, sets forth that. "Charles Molloy Campbell, Esq. Attorney General for the time being of our sovereign Lady the Queen, in this behalf, comes in his own proper person before the Honorable John Walter Hulme, Esquire, Chief Justice," and so on.
I beg also to refer to the enclosed letter from Mr Attorney General Campbell to one of the witnesses, in which he asks to be furnished with information as to others who have committed the same offence, in order that he (the Attorney General), may file informations against them also. Further the Acting Attorney General in his opening speech on the occasion, stated that the prosecution was instituted by himself to put a stop to abuses that were becoming too general, and Mr. Hyland, the Post Master, was put into the witness box, and gave the principal evidence against one.
The Law surely does not recognize a witness and a Prosecutor in the same person, except in a civil action for damages. I may also be permitted to add that a tender was made by the Crown Solicitor at the Colonial Treasury, of a small amount said to be the balance between damages and costs, which, because it was inadequate, was refused, the tender however clearly showing that at that time, the prosecution was looked upon by the Attorney General as a suit at the instance of the Crown, and not of the Poor Office: I therefore pray Your Excellency to reconsider the matter, and to forward my enclosed Memorial to the Lords of the Treasury.
I have, &c.
(Signed).
Hongkong, 28th October, 1848.
I. Larkins
True Free Copy
Colonial Secretary's.
201
served by Ath. Parker, the then Acting brown Solicitor, upout my Attorney,
Allorney, sots forth that. "Charles Molloy Campbell, Esq. Alternoy "Gomart for the time being of our soureign "Lady the Rucen, in this behalf, comes in his own proter person befor the Honorable "John Walter Hulme, Esquire, Chief,
"
" Justice, " and so on.
I beg also to refer to the enclosed letter from Mr Altermey General Campbell to one of the witnesses, in, which he asks to be furnished with information
tion as to others who have committed
the same offence, in order that he (the Attorney General), may file informations against them also. Further the Acting Attorney General in his opening speech on the occasion, stated that the prosecutions was instituted by himself to feat a stop to abuses
becoming too general, and Mr.
that were
Hyland, the Post Master, was put into the
witness boo, and gave the principal evidence.
bax,
-
st
against
d
one. The Law surely does not recognize
- soitness and a Prosecutor in the same persone,
Imay
in a cirie action for damages. I may also be permitted to add that a lender was made by the Crown Solicitor at the Colonial Treasury, of a
small amount said to be the Balance between
balance
AVRS
damages and costs, which, because it was a
refused, the tender however clearly showing that at that time, the prosecution was looked upon by the Attorney
f
as a suit at the instance
to reconsider
Memorial
of the Crowns, and not of the Poor Office: thenfores pray This Excellency the matter, and to forward my
the Theasury.
enclosed, to the Lords of the
I have, Ser
(Signed).
Hongkong, Houghton der, 1848.3
28th October, 1848.
I. Larkins
Fruc Free Copy
Colonial Secretarys.
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