the German Consul knew nothing as to the man
being about to be imprisoned?
Mr. Brereton-No; our instructions wore that he was to endeavour to recover the debt.
Mr. Hayllar-But the Consul says that when the
money is paid the man will be released.
Mr. Brereton-It was on the responsibility of the Chinese authorities that the man was taken up, not by our authority or with our sanction.
The Chief Justice-The responsibility is with the German Consni. He says, pay the money and the man will be released.
Mr. Brereton-He says he has no right to interfere with the way in which the Chinese pat the law in force.
The Chief Justice-There is conduct of such a kind that Courts of Law will not allow it to be pursued. You know the case in which Lord Chief Justice Cockburn would not allow a defendant to make even an illegal defence. Just consider the liberty of the subject, and to put in chains and treat as a criminal a man who is not a criminal.
Mr. Brereton-My client has acted throughout with the utmost bona fides.
The Chief Justice-After what this Court has said, Mr. Vogel will do it on his responsibility as a man if he continues him in prison. I think we had better adjourn the case until to-morrow.
Mr. Brereton-No doubt my client will take your recommendation, but I do not feel at liberty definitely to say so.
The Chief Justice-As it affects the liberty of the subject, we will take the case on Thursday.
Mr. Brereton-We cannot get an affidavit from the German Consul until Friday.
The Chief Justice-The German Consul may, if he thinks fit, vindicate his conduct and let the world soo he has acted right. I adjourn the caso until Friday, in order that the German Consul may make an affidavit in the matter, that is, if he thinks fit; he his under no obligation.
Mr. Justice Suowden-If you come to an agree- ment, there will be no necessity for it.
Mr. Brereton-I have no doubt the agreement will be carried out, so far as my client is concerned. The Chief Justice asked how long the man had been in prison?
Mr. Dennys said he had beon in prison and in chains since February 7th.
Some discussion ensued as to what security should be given, and ultimately it was agreed that Mr. Brereton's client should give a total security of $5,000; and the other parties to the amount of $3,000.
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