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Commodore Wilson, R.N., to His Excellency

the Governor.

H.M.S. Wolverene, at Sydney, 27th I

October, 1881.

My Lord,-Referring to previous correa pondence on the aubject of release, under the ruling of Judge Higmbotham, on a writ of habeas, of the two deserters Yatea and

Summers, bandBmen of H M S Bacchante, I have the honour to inform you that I have iBSued a new warrant for their arreat, and am

prepared with evidence to show that they

were on the bookB of that ship, and do now actually belong to Her MajeBty _ fleet

2 The man Yates was apprehended last Monday, the 24th instant, in Melbourne, by the master at arms of the Wol- erene, acting under my warrant, drawn up in accordance with Article 50 Part II , of the Naval Disci- pline Act 1800, extract from which is en

closed

3 HIB instructions were that should the police of Victoria object to his holding theBe men, or should he be Borved with another writ of habeas coipus, ho was to deliver up hiB prisoners, but under protest

4 I now enclose another warrant for the arrest of Summers, and trust that should a writ be again issued to restrain it, I may be given the opportunity of producing evidence te show that the affidavit previously made by lum is entirely false

5 I will not here enter into the question whether in my opinion the action taken by Judge Higinbotham when he granted these deserters their release was justified by the evidence before him or not That must be decided by the law officers of the Crown I am, however, in possession of further infor- mation touching these men, received from Admiral the Earl of Clanwilliam Binco their release, and am therefore prepared with Buch additional evidence aB will, I feel sure, re- move any justification for their detention -

I bave A.C,

J, C. H n SON, Commodore.

(Signed)

P fa -I am informed that the instruments these d├ęsertera stole from the Bacchante are in the handB of the civil police at Melbourne, and I Bhall be gliid if your lordship will cauae them to bo handed over to me, that I may transmit them without delay to that ship

nia Excellency the Marquis of Normanby, G C M G , Governor of Victoria, _c , &c ,

&c _

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