it is, no more disastrous blow has been struck for fifty years at the reputation of Britain and the British than our conduct of the issue of the Tourmaline adventure. The Moors, in their barbarous ignorance of us, and in their preoccupation with themselves, will only understand our conduct as a confession of weakness-a weakness out of which Germany has cleverly scored a point of strength.'

APPENDIX.

As a comparative object-lesson in British justice abroad, and its administration, I append reports of the trial of the leader of the expedition, Major Spilsbury, and his subordinates, the former being tried before a jury at Gibraltar, and acquitted; the latter before Mr. Justice Gatty, sitting at Tangier as Judge and jury, and found guilty. These reports have been compiled principally from the London Daily News and the Tangier Moghreb-al-Aksa. The obvious conclusion to be drawn from the anomaly thus arrived at is that the sooner the 'Morocco Order in Council' is revised, the better. Especially is it desirable that all British subjects charged with offences in Morocco should be allowed the 'first constitutional privilege of an accused Englishman'—a trial by jury.

THE TRIAL OF THE TOURMALINE' CAPTIVES.

The British community in Tangier would have never dreamt a few months ago that their Consular Court was to become for several weeks one of the world centres of legal intelligence. Yet within a week the Consulate has been the scene of two trials, each of which is of unusual interest to the British public-viz., the preliminary hearing of the charge of murder against Callan, and the trial of the Tourmaline case, the main facts of which have already been reported.

Neither of these two cases is yet closed. The second one opened on June 14 before Judge Gatty, who came over from Gibraltar, the Crown being represented by Attorney-General Fawkes, Q.C., of Gibraltar. Mr. Ellis Griffith, M.P., who came from London, appeared for the prisoners Last, de Reya, and Sabbah. Grey, who had only that morning come out of hospital, defended himself.

Much interest is felt in the case in Gibraltar and Tangier. The

fact that the prisoners were badly and, it appears, barbarously handled by the Moors does not release the British Government from its duty to the Moorish Government-viz., to try the prisoners for alleged offences against the latter.

A preliminary argument before the opening of the case took place between the Judge and the Attorney-General and Counsel.

The last-mentioned raised the question whether the offence had been committed in Moorish territory. He did not think the Secretary of State's letter (in reply to Judge Gatty's questions) could be given as evidence.

The Judge: Section 4 of the Foreign Jurisdiction Act states that the Secretary of State's decision is final. How do you get over that? The letter has been received through official channels. You will not dispute the signature, I suppose?

Mr. Griffith (jokingly): I don't know Lord Salisbury's signature (laughter).

Judge: I think the British Minister, who is in court, could prove it. Mr. Griffith said he would ask for proof that the letter had been sent to the Secretary of State, that an answer had been received, and that this letter was the answer.

The Judge: I could go into the witness-box and prove that (laughter).

The Clerk of the Gibraltar Court deposed that he saw the Judge sign and address a letter to the Secretary of State. He (witness) wrote it out, and saw the reply. That letter was the reply.

Counsel: All that these documents prove is that your lordship has jurisdiction to try the case, but it does not show whether Arksis is in Moorish territory. I can show that the Moorish claims are of the most shadowy description.

Attorney-General Fawkes: I will have to ask for an adjournment. I have not enough witnesses.

Mr. Grey, addressing the Judge, said that the distance to Morocco was six days, and to Fez another six. The warrants were issued on February 10. Six weeks had elapsed since he arrived at Tangier.

Counsel applied under Order in Council 115 to issue subpoenas to Arthur Watling in Gibraltar. He took it the effect of the subpoena would be to give him safe conduct here. He was a very useful witness, having been on board the Tourmaline. Nobody would be guilty of contempt of court by interfering with him if he came on his lordship's subpoena.

The Judge: He would be protected if he went as a witness before a court of the Government of Morocco or a foreign court. If he were arrested, you could have the legality of his arrest tested. I refuse to give any opinion whether his arrest would be legal.

Counsel: In that case he will probably refuse to attend.

Mr. Grey: It is the interest of justice to seek truth rather than obtain a conviction. Our only witness (Beyerle) was allowed to leave the country because he was a German, and only the Englishmen have been arrested.

Counsel: I apply for a summons, and also for an order that Watling shall not be arrested here for any participation in the Tourmaline case, and that anybody arresting him shall be guilty of contempt of court.

Judge: Suppose the man had committed murder, would he be secure?-Counsel: I think so.

What authority?—I wouldn't make an application if we were in England, but there is a concurrent Moorish jurisdiction about which we don't know much, and what little we do know we don't like. (Laughter, in which prisoners joined.) In this country, where there is no law

Judge (interrupting): You must not say law does not prevail here. -Counsel: But we can prove it. Counsel remarked that he was willing to leave Watling in his lordship's hands, adding that there was a risk of his arrest by another authority.

The Attorney General: I am not in a position to argue, but if he relies on English law, English law will be applied here.

The Judge granted a summons, but refused a safe conduct.

The Attorney-General said he was prepared to open the case on condition that he was not precluded from asking for an adjournment, because he had asked for witnesses who had not yet arrived. The release of these four prisoners was obtained with much trouble from the Moorish authorities, and within twenty-four hours they were charged. Now comes the question whether the length of time I am asking is reasonable.

The Judge: Well, you can go on, but I don't think it convenient.

CASE FOR THE PROSECUTION.

The Attorney-General, opening the case for the prosecution, said the proceedings were based on the Morocco Order in Council, sec. 107 and 108. Defendants were charged with attempting to smuggle into Morocco prohibited goods whereof the Moorish Government has a monopoly. The four prisoners, he continued, on the roth of January landed on the coast of Sus-which, I put it, is within the territory of the Sultan; that I shall prove by the letter of the Secretary of State-and landed goods. Prisoners came by the Tourmaline, a vessel owned by the Globe Venture Syndicate (Limited), of 77, Palmerston Buildings, Old Broad Street, London. That ship was owned by A. G. Spilsbury, and was mortgaged to the Globe Syndicate, the debt being £1,300. The certificate of register is put in in evidence. The ship took on board arms at Antwerp and proceeded to Sus, the prisoners landing a portion of the arms. The Tourmaline, while the prisoners were ashore, remained near the coast until the Hassani arrived. The Tourmaline then slipped her anchor. The Hassani signalled that she wished to communicate with her, and lowered a boat. The Tourmaline then fired a shot from the quickfiring small gun they had on deck over the bows of the Hassani. As the boats from the Hassani approached they warned them off, and fired over them, and the Tourmaline then moved off. The

captain of the Hassani, noticing there were tents on shore, and believing that Europeans were among the natives, landed soldiers. I shall call the captain of the Hassani, and he will tell that he saw some time after troops of the Sultan coming from inland and attacking the natives with whom the Europeans were. There was a fight, the natives fled, and the prisoners went with them. Soldiers from the Hassani patrolled up and down the beach. The first day after this the captain was with the Kaid of the Sultan who took the Europeans prisoners. Grey made a statement to the captain, and complained of his arrest, adding that British subjects were entitled by treaty to trade with Sus. I believe I shall be in a position (that depends on the witnesses) to produce one of the rifles landed by the Tourmaline, and shall ask your lordship on those facts to find that the prisoners were directly concerned in landing arms. The three prisoners, with the exception of Grey, belong to the Tourmaline. Grey admitted to the captain of the Hassani that he had landed from the Tourmaline. A letter was found among his papers. Prisoners were conveyed to the Sultan's camp, and subsequently handed over to the British authorities. The only way of proving that Sus is in Morocco is by the recognition of her Majesty.

FUNNY GERMAN WITNESS-HE WOULDN'T SWEAR.

The first witness, Captain Siebert, a German, and captain of the Hassani, was called, and one of the funniest scenes ever witnessed in any British law-court took place. The Bible was handed to witness, but instead of kissing it he drew back, and said, 'I won't swear.' Captain Siebert understands sailors' English, and speaks it fluently, albeit with a strong German accent; but the Judge's English was new to him, and as people did not always understand him on account of his strong German accent, he was made to repeat his answers. On his refusing to be sworn, the Counsel, Mr. Griffith, exclaimed sarcastically, 'We know a German criminal can get off, but not a witness !'

Attorney-General: Why do you object ?-Witness: The German Minister sent for me, and said I must not swear. If they wanted me to swear, I should go to the German Legation.

While the captain was saying this, the German Chargé d'Affaires, who had been chatting in a friendly manner with the British Minister, Sir Arthur Nicolson, and who had just taken his seat on the AttorneyGeneral of Gibraltar's bench, slipped out again into the next room. Apparently no one was prepared for this scene.

The Attorney-General: Oh, that's all! I propose we should adjourn to the German Legation—(laughter)—to have him sworn. Counsel: I protest. Surely the court is not going to wander about into the German Legation.

The Judge: The German law prohibits the administration of oaths by any person whatever. For this reason commissions cannot go to Germany nor to Spain for the purpose of taking depositions.

Counsel: If he can't give evidence, we will dispense with him.