Argus (Melbourne, Vic. : 1848 - 1957), Thursday 17 November 1881, page 9


Commodore Wilson, R.N., to His Excellency

the Governor.

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

1881.

My Lord, Referring to previous correspondence on the subject of release, under the ruling of Judge Higinbotham, on a writ of habeas, of the two deserters Yates and

Summers, bandsmen of H.M.S. Bacchante, I have the honour to inform you that I have issued a new warrant for their arrest, and am

prepared with evidence to show that they

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

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

3 HIS instructions were that should the police of Victoria object to his holding these men, or should he be served with another writ of habeas corpus, he was to deliver up his 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 to show that the affidavit previously made by him 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 information touching these men, received from Admiral the Earl of Clanwilliam Since their release, and am therefore prepared with such additional evidence as will, I feel sure, remove any justification for their detention I

have A.C,

J, C. H n SON, Commodore.

(Signed)

P fa -I am informed that the instruments these deserters stole from the Bacchante are in the hands of the civil police at Melbourne, and I shall be glad if your lordship will cause them to be handed over to me, that I may transmit them without delay to that ship

his Excellency the Marquis of Normanby, G.C.M.G., Governor of Victoria, c , c,

c 2