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The application being made, the Chief Justice expressed a strong opinion of the unfairness of all these proceedings, but advised Mr. Tarrant, instead of accepting his discharge, to stand his trial at an approaching Session. The Acting Attorney General having undertaken to bring on the case for trial, Mr. Tarrant acceded to the advice thus given him by the Chief Justice.
Before the time arrived, the Chief Justice was himself suspended upon a charge, chiefly supported by Colonel Caine, and recognised to be false the moment the proceedings reached Downing Street. He was, therefore, reinstated, without delay, and with honor.
But, during his Honour's absence from the colony, the Acting Attorney General had become Acting Chief Justice.
The still untried Mr. Tarrant, appeared at the Sessions appointed. But the Acting Chief Justice refused to preside at his trial; alleging the indelicacy of sitting, as Acting Judge, upon an information signed by him, as Acting Attorney General.
It was replied, that the delicacy did him honor; but that it had not prevented him from trying, at the same Session, sundry prisoners, whose case, in that respect, was the same as Mr. Tarrant's; and that he (Mr. Tarrant) was quite willing to waive all objection on the score of delicacy, if delicacy there was in the case, and to proceed at once to his trial.
The Acting Chief Justice, however, persisted in the refusal; and, as there was no other Judge in the island, the case was abandoned.
Mr. Tarrant, being thereupon discharged for the
