CO129-366 - Governor Sir Lugard Acting Governor May - 1910 [4-5] — Page 594

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The proceedings for Habeas Corpus were instituted

when Sir H. Berkeley was recently acting as Attorney General,

during the absence on leave of Mr. Rees Davies, and Mr.Rees

Davies therefore took no part in these proceedings except

to give his sanction to Mr. Alabaster, a Junior Counsel who

had assisted Sir H. Berkeley in his work as Attorney General,

making a formal application for leave to appeal from the

decision of Sir F. Piggott.

3.

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In the meantime the man Sun A Wan

had been again arrested on another charge at the instance

of the Chinese Government who applied for his extradition.

He was again committed by the Police Magistrate to Gaol

pending the Governor's Order, and he was again discharged

on a writ of Habeas Corpus by the Full Court (Mr. Res8

Davies and Mr. Gompertz) on the ground that there was no

evidence before the Magistrate that the accused was a

Chinese subject. The question of costs was again raised

and argued in due course. On the 8th ultimo the Full Court

gave judgment in the matter.

They differed from the

decision of the Chief Justice in the first Habeas Corpus

case and held that the motion for a writ of Habeas Corpus

WAS