CO129-055 - Sir Bowring - 1856 [3-5] — Page 309

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and finally discharges of prisoners without trial; - in every one of which cases there has been, in my opinion, who have had the depositions before me, a failure of justice; - and in every one of which the failure would, in all human probability, have been averted by the presence of a crown solicitor to superintend the preliminary proceedings and to see that the witnesses and proofs were forthcoming when the trial came on.

Such a case adjourned from Saturday last - has been, by the consent of the Chief Justice, set down for the special Intermediate Session on Saturday next, appointed for the Swatow Murder case. I have no doubt that the same cause as before - the absence of all the witnesses, whose addresses I have no means of discovering in the interval, will again operate to defer justice, and here to defer will be to defeat, for I have no hope of being able to persuade the court again to postpone the case. The offenders, all charged with various kinds of piratical offences, will in that case escape all further prosecution.

The Sheriff and his officers, in all the cases to which I refer, have done all that the law requires, in endeavoring to summon the absent witnesses. The committing Magistrates have also done their duty.