The San Francisco call., 1897-02-03
stoned by his arrest was in no condition

stoned by his arrest was in no condition
10 present his case.
Commissioner Heacock said: IL was
about to have an officer sworn to identify
the prisoner and to inform him of the
, charge against him, and of his right TO
counsel at all stages of the proceedings.
Wecouid then fix a Gate for examination
st such time as would suit your convent
ence."
'1f your Honor please" said Mr.. Dono-
hoe, rising at this iuncture, I'VE appear
Q Tor The Government OF Great Britain and
| would ask that Constable Conroy ue
called to the stand"
Clement Bennett was then sworn in as
official steno ographer and Mr.. Stone opened
his direct examination.
% "What Is your name, residence and oc-
cupaion?" he asked the witness, who re-
piled that his name was Michael A. Con-
reY, his residence New South Wales and
, his occupation that of a constable.
,'Bld you ever see this man before?" Qndi-
eating the nrisoner.
C.. Yes, sir
WHO is her"
'Iknow the prisoner by the name OF Frank
when did you first see him?"
On on 9r' bout Septemb Der TO- 1896
. Nv hen dld you see him again?"
Two weeks late T."
. when was the last time you saw him before
you saw him. here?'
e'Jt was, should say, about the 9Th or 10th
Bey."
When did you first see him to-dayf"
About O'Clock this morning on the snip
Swaahida.".
s'Wherc?''
''In the bay"
q in the bay of San Francisco?"
Yes, sir"
DO you know whether or not any warrant
has been issued against him?"
Yes; in sydney"
. DO you know whether or not this man is
d the man Tor whom warEent was issued in
this cOurt?"
~ believe it is the same man, sir"
3 Mr.. Stone-What is the extent OF your ac-
qWlntance with the defendant?
. Between three and four weeks had seen
him OCCASIONALLY
In what way?'
u became acquainted with him in connec-
:tion with prospecting tour in Aubrey, New
-Pid You know him slways by this Manner
Yes, sir"
No other name?"
No, SIR
NJ. BidweIl-Did you know Captain Lee
~NS sir; not in life, but saw the body at
is Ihls the person you saw at Glenbrooke?''
No"
Counsel for the British Government then
called COnSt bic McHattle, whereupon the
court asked II the prosecution wished to
go further merely for purposes of identfi-
20 cation, and before a reply could be given
Mr.. Stone asked for ten davs to prepare
matters in this case. Commissioner Hea-
cock said:
on the point of identificat ton I need NO
further evidence. As counsel for the prisoner
don't you desire 10 have the charge formulated
against him?
Mr.. stoue-I understand that the charge is
substantially familiar to him and it is not
therefore necessary to read it. Then he ask ed
Butter, who replied; 'No; know the charge
already"
Mr. Donohoe-We will certainly oppose @
continuance for any such time MS ten days. II
20 seems utterly out OF reason TO ask for such 6
continuance in case of this nature.
TIE COURT will hear Ar. stone on this
point.
Mr. Stone repeated that the prisoner had
been taken entirely by surprise; that he
had only just arrived after a sea voyage
and had had no opportunity whatever 10
re ute the CHARGES against him. This be-
ing the case it was no more than reason
able to ask ten days or preparation. The
prosecution, on the other hand, had ad
ample time TO present their case. They
had been working on 1t for weeks and
were prepared TO proceed at once.
Mr. Donohoe-If your Honor please this is
II no sense trial: ii is merely a preliminary
- examination with view TO ascertaining
whether there is sufficient evidence against
his man TO turn him over 10 the remAnding
Gpye rnment in order TO determine rs O his
crimlnality, witt the aid OF jury and all the
. safeguards provided by the law. Il is, there
foC-, unusual to ask for any such time ten
days There IS no provision under our system