gan, should end with the same witness, and that one counsel should open the defence and the other close.

This being agreed to, Mr. Tyson addressed the Court to pospone the trial,fstating that depositions had been taken relative to the destruction of a number of negroes, which depositions had been kept from the knowledge of the prisoner's counsel, in an extraørdinary manner-that they were taken by surprise, and could not prepare a defence; they had prepared themselves for those mentioned first in the depositions, and were ready to try the first named; they had postponed the consideration of the succeeding charges, expecting the Solicitor General would have proeeeded regularly with the first, and so on; they were not only prepared to meet them, but every other charge against Mr. Hodge.

Mr. Long made several observations in addition; he stated that he knew no ground why the depositions were kept from them; they were deprived of the opportunity of questioning character; this was the first time the parties came face to face, he required a sight of the accusations against Mr. Hodge, and stated that the commitment took place before the depositions.

Here he was stopped by Mr. Solicitor General.

Mr. Lisle said they were taken, before the commitment, as to Prosper.

Mr. Long, The warrants were issued on the 5th March, before they were taken.

Mr. Lisle,-No. They were taken on the 4th March.

f

Mr. Long, The 1st and 2d Philip and Mary 13, directs that the information and deposition shall be returned into the gaol delivery under a penalty; why were they not? No examination of the prisoner was taken, it` was highly necessary, had it even been a charge of yesterday, but much more so, being one of four years ago; the opportunity of repelling evidence was debarred them these people were guilty of misprison of felony by not bringing him forward before-he has unanswerable cases to support him; the examination and information should be taken before the magistrates, and should be put in writing within two days. He was ready, though no efficient reason in his opinion had been given.

Mr. Musgrave, The depositions had never been read to Mr. Hodge.

Mr. Lisle,They had been lodged.

The Court ordered that the prisoner's counsel may see the depositions lodged.

Mr. Solicitor General,-That it did not lie with the counsel for the Crown, but the Court, to consent to postpone the trial; he submitted whether any substantial reason had been given, to put the country to inconvenience; the difficulty of assembling juries in

these Islands was well known; Mr.Long was mistaken respecting Prosper; he would prove that Prosper, for whom the prisoner was committed, was named in those depositions; with regard to the order of charges he was not bound to call on the prisoner's counsel to say which they would have first; the counsel for the Crown were supported in the election they had made; the counsel on the other side knew Mr. Hodge was committed for Prosper, and ought to be prepared for that trial, they must be as capable to day to meet it, as any other day.

Mr. Lisle, The depositions were kept back because if the prisoner or his friends were permitted to know who had testified against him, they might never be forth-coming.

Mr. Long replied at length, and supported his right to have the trial postponed.

The Court asked the Secretary, who gave direc tions that the depositions should be lodged in his office? Ile answered, Mr. Chief Justice Robertson.

Mr. Lisle, He sent them the day before, but Mr. Gordon (the secretary) was not there; the affidavit respecting Prosper was filed before Mr. Tyson and Mr. Long arrived.

The affidavit of the Prisoner stating that he was not prepared, and praying to have the trial put off until Monday the 29th April,'was then read; and the Court unanimously agreed thereto,

Mr. Lisle, Whether the other depositíons should be lodged?

Solicitor General was of opinion they should.

The Court read the 160th clause of the Court Act, mentioning they should be lodged four days before trial.

Mr. Long-To what purpose, if the prisoner's counsel cannot see them?

Court,-All the depositions should be lodged, and a reference may be had to them, but no copies taken, they are only to be read.

Adjourned to Monday, the 29th April, at 10 o'clock in the forenoon.

D: 2

ADJOURNED COURT,

Of Oyer and Terminer and. General Gaol Delivery for the Virgin-Islands-Court House, Tortola, 29th April, 1811.

TRIAL

Of ARTHUR HODGE, Esq. late of His Majesty's Council for the Virgin-Islands, for the Murder of his negro man slave, named

PROSPER.

The Judges, Grand Jury and Pannel were the same as on the first day of Court, to the minutes of which refer.

The Court being opened,

Mr. Solicitor General stated to the Court that he had acceded to a proposition of his learned friend, Mr. Lisle. Since the evidence produced to the Grand Jury, there appeared some circumstances to the wit nesses, that would establish the death of Prosper more clearly; he therefore in compliance with the sugges tion of his learned friend, though he was not aware it was material, begged leave to alter, or withdraw the indictment and send in a new bill.