THE MOUNT AND MORRIS CASE.

Globe, Volume III, Issue 287, 13 May 1875, Page 2

THE MOUNT AND MORRIS CASE.

The report of the arguments in the Mount and Morris case has been received. The members of the Judicial Committee of the Privy Council who adjudicated upon the case were Sir J. W. Colvile, Sir Barnes Peacock, Sir Montague Smith, and Sir 11. P. Collier. Mr Fitzjames Stephen and Mr Bowen argued the case on behalf of the Victorian Government, and Mr Field and Mr Bompas (who were paid by the Victorian Government) argued it for the prisoners. The facts, it will be remembered, were that Mount and Morris were sentenced to fifteen years’ penal servitude; that after being detained six weeks in the Melbourne Gaol they •were, on the 20th May, 1873, removed to Pentridge, where they were subjected to the discipline of that establishment. The Court in passing sentence had intimated that the punishment must be undergone at some place appointed by the Secretary of State; and in September, 1873, on a return to a writ of habeas corpus, it was held, that as the Secretary of State’s warrant had not been obtained, and as there did not appear any probability that it would be procured, the prisoners were entitled to their discharge. It was argued before the Privy Council, on behalf of the Government, that the warrant of the Secretary of State was not necessary, and even if it was, that as the prisoners were convicted felons, instead of liberating them the Court ought to have remanded them till this warrant had been procured. As already announced by telegraph, the Privy Council has held the Supreme Court to be wrong, but it does not appear whether this decision is given on either or both of the grounds of appeal.