CO129-410 - Governor Sir May - 1914 [3-5] — Page 36

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then already being in custody.

The fugitive was duly brought before the Magistrate Mr. Wood

the case being heard, when the fugitive was represented by Counsel

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The hearing before the Magistrate lasted from the 19th November

1913 until the 9th day of January 1914 when he was committed to

Victoria Gaol on all four orines mentioned in the order from the

Governor (document No.5), being discharged in respect of the

crime set out in Requisition (document No.1), to wait His Excel-

lency's further Order for surrender to the Chinese Government.

The Judgment of the Magistrate is attached hereto (document No.8)

On the 10th January 1914 the fugitive obtained a Rule nisi for

the issue of a writ of Habeas Corpus which Rule was heard on the

26th day of January 1914, by the Full Court consisting of the

Chief Justice and the Puiane Judge - (see documents Nos. 9 and

10 attached).

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The arguments put forward by Counsel for the fugitive were sub-

stantially based under the heads set out in Document No.11

attached hereto. When the arguments were thoroughly thrashed

out by both sides.

The Rule was discharged and the Judgments of the Chief Justice

and the Puisne Judge respectively are attached. (Document No.12)

It will be noticed that the Full Court found that the Magistrate

had no jurisdiction to mommit the fugitive for the crime of

embezzlement of the $100,000 and $50,000 there being no evideno.

in the opinion of the Full Gourt uphin which the Magistrate

could legally commit the fugitive. The Warrant of Committal vas accordingly returned to the Magistrate for the necessary awend-

ment.