The Sun.
London, England, 1839-01-14 00:00:00

THE CANADIAN PRISONERS.

QUEEN'S BENCH.-(THIS DAY.)

It having been generally known that the Canadian Pri-
soners would be brought up this morning on the writs of
Habeas Corpus obtained by them, the avenues leading to
the Court presented an appearance of unusual bustle and
excitement. At half-past nine, the prisoners were brought
in, hand-cuffed, in the custody of Mr. Cope, the Gover-
nor of Newgate prison and his assistants. They are
twelve in ' number, and their names are as follows :
Finley Malcolm, John Grant, John G. Parker, Robert
Walker, Paul Bedford, Randall Wixon, Leonard
Watson, William Reynolds, Lynus William Miller, James
Brown, Ira Anderson, and William Alves. They are
most of them good-looking men, and decently clad. They
were placed in a row behind the inner bar, and their ma-
nacles taken off, but subsequently they were removed to
the third bench, to accommodate Counsel. Additional po-
licemen were stationed at the various outlets, and no per-
sons were admitted into the Court, without, in the legal
phraseology, " cause shown."
On the bench we observed Mr. Justice Halliburton, of
Nova Scotia, Lord Howick, and the Right Hon. J. Poulett
Thomson. Mr. Poulett Thomson and Lord Howick
were, we understand, refused admittance by the Usher, until
the Attorney-General, who was entering the Court, took
them in along with him. Mr. Joseph Hume, M.P., sat
in the side-box usually occupied by the Jury. The gal.
leries were extremely crowded ; and shortly after the
Judges had taken their seats, at ten o'clock, the doors of
the Court were thrown open to the public generally, when
a tremendous rush was made, and in a few minutes every
spot was literally crammed.
The COURT having called upon the ATTORNEY-GENE-
RAL, he said, the keeper of the borough gaol of Liverpool,
in obedience to her Majesty's writ of habeas corpus, was
now in attendance with the body of John Grant.
The return to the Writ was then handed up to the of-
ficer of the Court, who was about to read it, when
Mr. M. D. HILL (with whom were Mr. Roebuck and
Mr. Falkener) said he appeared in behalf of the prisoners,
and he apprehended that it was rather on their part to elect
which case they would take first. The return in the case
of Leonard Watson should be first read.
The ATTORNEY-GENERAL apprehended that cases were
to be taken seriatim. There were separate returns in the
12 cases, and the first in order appeared to be that of John

Grant, and he moved that the return to the writ of habeas
corpus in his case be read. He apprehended there could
be no objection to that motion being read on the part of the
Crown.
Mr. HILL contended that, the writ having been obtained
by him, it was for him to make the objection on the read-
ing of any of the returns.
Lord DENMAN—Are there more than two forms of re-
turn in these cases ?
The ATTORNEY-GENERAL---I believe my Lord, there
are two forms and two classes of cases. In one class there
are nine, and in the other three, and there is not the slight-
est difference in the returns in each class.
Lord DENMAN—I think it better to hear all the returns
read in the first instance.
The ATTORNEY-GENERAL—Had no objection to any
course which their Lordships might think proper to point out.
The return in the case of John Grant, was then read by
the officer. It set out that at the Sessions of oyer and
terminer and general gaol delivery held at Niagara, in Up-
per Canada, on the 18th July, 1838, at which Jonas Jones,
one of the Justices of her Majesty's Court of Queen's
Bench and associates presided, John Grant had been tried
and convicted of high treason, and judgment of death re-
corded, but on the 22d Oct., 1838, his sentence had been
commuted to transportation to the penal settlements
of Van Diernen's land for the term of his natural

life, but there being no means of transporting him from
Upper Canada thereto, he had been sent to Quebec under
a warrant of Sir John Colborne, the Governor, and sent

aboard the Captain Ross, to Liverpool, at which place he
arrived on the 17th December, and there not being imme-
diate means of transporting him he had been committed to
the custody of the keeper of the borough gaol of Liverpool.
Tue ATTORNEY-GENERAL—The return in the case of
Lynes, Wilson, Miller, and William Reynolds are exactly
the same.
After a pause,
The ATTORNEY-GENERAL then proposed that the return
in the case of Ira Anderson should be read ; it was exactly
the same as in the case of the eight other prisoners.
Mr. HILL had no objection to only one of each class being
read, but it would be most convenient to him if that of
Edward Watson were now read.
The ATTORNE GENERAL—I have no objection.
Mr. HILL—We have seen a blank form of return, aid it
would, therefore, be more convenient if that one were read.
The return in the case of Leonard Watson was then
read. It set forth that at a Sessions of oyer and terminer
and general gaol delivery, held at Toronto, in Upper Ca-
nada, before John Beverley Robinson, one of her Majesty's
Justices and associates, Leonard Watson, who bad been
arraigned on a charge of high treason, had, in accordance
with the provisions of a certain statute passed in the first
year of the reign of her present Majesty, confessed his
guilt, praying the merciful consideration of the Court upon
his case, and that her Majesty's pardon might be granted
him, and that the Governor and Privy Council had agreed
that mercy should be extended to him ; and it was ad-
judged that he should be transported to Van Diemen's
Land for the term of his natural life. The return then
set out his being sent to Quebec, and thence to England,
as in the other case.
The ATTORNEY- GENERAL.—The whole of the remain-
ing part of the return is the same as the former one. With
regard to these nine, some of them received pardon on con-
dition of being transported for life, some for fourteen years,
and some for seven years ; with that difference, they were
all precisely the same.
Mr. HILL—I think my Learned Friend is a little incor-
rect with regard to the fourteen years—the sentenc3 was
not to commence from the date of the pardon being
granted, but from the period of the arrival of the prisoners
in Van Diemen's Land.

Lord DENMAN—I suppose the commencement of the
sentence is the same as those for seven years ?
Mr. HILL—I believe so, my Lord.
The ATTORNEY GENERAL—These are the terms on
which the pardon is granted.
Lord DENMAN—Have you had copies of the returns in
both cases ?

Mr. HILL—Yes, my Lord. One by virtue of the Sta-
tute, and the other by virtue of the conviction.
Lord DENMAN—I rather think it would be the most
convenient course to take the case of Watson. Mr. Hill,
you are for all the prisoners ?
Mr. HILL—Yes, my Lord.
Lord DENNIAN—Then I think he may bring forward any
case he thinks proper.

. .
The ATTORNEY-GENERAL-Of course, whatever your
Lordships decision is, I must bow to it, bnt this is a course
which will be extremely inconvenient to me. I was applied
to by Mr. Roebuck, on Saturday, to be furnished with a
copy of the returns, and he stated he should apprize me of
the nature of the objections he intended to urge, but he
has not done so. I understand that although the copies
were sent to his solicitor, it is said that they were received ut
so late an hour, that he had no opportunity of making a com-
munication to me, and that that is the reason why I have not
had them. At the same time he had no objection to the
party going into the case now, without prejudice to his
the (Attorney-General's) applying to the Court, if any ob-
jection was made, which he could not reasonably anticipate,
to obtain further time to investigate the question. For
the information of his Learned Friend, he would now state
that in the course of the discussion, he would feel it to be
his duty to draw the attention of the Court to this
point. Whether the present was a case in which
there could be a writ of habeas corpus issued in
vacation by a single Judge. Of course, he (the At-
torney-General) could not give the Court jurisdiction
by waving any objection that could be made, but he merely
stated that much for the information of his Learned
Friend. The question he would have to submit was—did
the statute allow of a single Judge issuing a writ of
habeas corpus, in vacation, in a case like the present ? He
apprehended that the statutes of the 31st Charles IL, and
56th George 111., called Sergeant Onslow's Act, did not
contemplate a case like the present.
Mr. HILL apprehended that his Learned Friend had
probably done enough.
The ATTORNEY-GENERAL said he was not going 20
argue the question.
Lord DENMAN—He is only giving you this as a mar-
ginal note. I was not aware that there was any private ra-
rangement between the Learned Counsel.
The ATTORNEY-GENERAL--My Lord, I don't offer
that as an objection to the course which is to be pursued ;
but if I am not prepared to meet incidental objections
which may be made, and of which I have had no notice as I
had reason to believe I should have had—
Mr. ROEBUCK assured the Court that there had been
no private arrangement whatever. The Attorney-
General desired to have the case brought on
without a copy of the return being granted. Be-
fore the copy had been furnished,
he
d,thewod
Attorney-t General
had said " Will you tell me what objections you intend to
take," and he (Mr. Roebuck) said
At-
torney-General if he could, and let him know, if he could,
objections were intended to be taken. He wrote to
the next Punning, stating that he
the Attorney-vex,,,. __
had received the copy at so late an hour, that he mum not I
communicate with the Learned Gentleman.
The ATTORNEY-GENERAL stated that, without any qua-
lification, an assurance bad been given him that the objec-
tions would be stated to him.
Lord IhNlctri—Then, Mr, Attorney. General, the