the second objection which in my opinion did not come within my province to decide.
Specifically, as already stated, I sent the prisoner back to Gaol pending the orders of His Excellency, grounds that it was a slight prima facie case had been made out against the prisoner, as it was made out and no positive evidence negativing it was produced for the defense, my only course under such circumstances was to remand the prisoner to Gaol.
Where it was my duty to take on myself the functions of an ordinary jury, I should have had no hesitation in discharging the prisoner on various grounds - amongst others:
1. On the arrest of Cheung, the men with him appear to have been frightened and ran away - with the exception of the prisoner, Chong Aahi's cousin, who daily attended the Magistracy while the proceedings against Cheung et al. were proceeding, prepared to give his evidence on behalf; it was not till the 19th February that the prosecution had him arrested on the charge of piracy.
2. The two witnesses who appeared against him both speak of an act of piracy committed as far back as 1880 - and as it will be seen from their evidence, that if they could speak confidently to any one act, it would rather be with...
6,
7.
the second objection which in my opinion:
did not come
decide.
within
my province to
Ifically, as already stated,
seut the prisoner back to Gaol pending the orders of His Excellency,
gromeds that it was
slight a prima facie
on the
my diety, however case had been
made out against the prisoner,
long
as it
WC 2
uade out and uo
positive evidence
& negativing
it
ACCO
produced for the defenses, my only
course under such circumstances r
was to rauit the prisoner
Where it
to Gaob.
it my duty to take on
unsself the functions of an ordinary
jury,
I should have had no-
hesitation in
οι
disaharging the prisoner
various grounds - amongst others: ___
1.9
285 the
1. On the arrest of Cheung at che
-men with him appear to have
been frightened and preu away-
with the exception of the prisoner,
Chong Aahis
Aahi's conein,
who
CAA Me
daily to the ellagistracy while the
AVAD
o
against Cheung etahi provveding, prepared to give. his be evidence on behalf; it was net & till the 19th February that the presecution had him cerrested
on the charge of pirasy,
2 The two witiceses who appeard
against him, both speak of an ast of pirany
back.
committed as
far
av 1880– and as it will
be sow
from their evidence, that if they could spente confidentlyns
to
any
one
it would rather be
with
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