The public treasury was robbed of L1,400 (1827). The thieves entered at
night, while the sentinel was on guard, and the rifled chest was found
hidden under a tomb in the adjacent burial ground. Three persons, and
the sentinel, were tried for the offence; but on the second day, the
crown prosecutor was not in his place. This truant lawyer was enjoying a
breakfast, while the court and prisoners were watching the door of
entrance. The patience of the judge gave way, and he directed a verdict
of "not guilty" to be entered. The crown relieved the treasurer from his
responsibility for the loss.
The case of Isaac (Ikey) Solomon, a noted receiver, occasioned a long
discussion of great colonial interest. This man having been committed
for trial, escaped from Newgate; but his wife, implicated in the same
transaction, was transported. A short time after, he appeared in Van
Diemen's Land, under the name of Sloman, and applied for his wife as an
assigned servant: to this the governor consented, but transmitted to
England an account of his presence. Towards the close of 1829, a letter,
enclosing an affidavit of Mr. Wontner, the governor of Newgate, was
addressed by the secretary of state to the governor, directing the
arrest of the fugitive. A consultation was held at the secretary's
office, to which Mr. Gellibrand was invited, who declared that the
instruments forwarded were insufficient. A warrant, however, was issued
for Solomon's capture, and he was lodged in gaol. On the application of
Mr. Gellibrand, the supreme court granted a writ of _habeas corpus_, and
the question arose whether a colonial secretary had power to act under
instructions from the secretary of state, and without examination
transmit a person, on a presumption of guilt, over half the globe. The
judge admitted that the boasted liberty of the subject would be a
delusion, were such powers vested in the local authorities. After a
lengthened research and repeated hearing, he was unable to find a
precedent, or to solve the difficulty of a case so new.
Public-domain text, read in full here on John Shaqi.
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