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MG 1 vol 2124 number 99

HALIFAX DISASTER RECORD OFFICE
CHRONICLE BUILDING

JOURNAL

HALIFAX, N.S.

March 12, 1918

ARGUMENT IN MACKEY HABEAS CORPUS CASE

Hearing Yesterday Before Judge Russell on Writ in Case of Mont Blanc's Pilot, who Has Been Committed For Trial on Manslaughter Charge

The hearing on the Habeas Corpus writ in the case of Pilot Mackey came before Mr. Justice Russell in Supreme Court Chambers yesterday. the Pilot appeared in Court, having been bailed by order of the Judge, when granting the writ a few days ago. W. J. O'Hearn, K.C., appeared on behalf of Mr. Mackey and Andrew Cluney, K.C., in the interests of the Crown. Counsel for the defendant, stated that the application was a rare, and, perhaps, unique one, as in the ordinary case of a prisoner committed for trial, it is satisfactory to the defendant to submit his case to the consideration of the Grand Jury. This he could always do with a great deal of confidence, because if there be an absence of evidence in the Magistrate's Court, generally speaking, the Grand Jury will not find a bill unless there is substantial grounds for suspicion. Mackey's case, however, was an unusual one; the prisoner was accused with manslaughter growing out of the navigation of the steamship Mont Blanc and the catastrophe which had resulted from the passage of that ship and the Belgian steamer Imo, the one up and the other down the waters of Halifax Harbor. Public opinion had been inflamed since the disaster and counsel thought this was an occasion in which he was justified in asking the judge to review the findings of the Magistrate. Counsel stated that he was optimistic as to the result of the case, if placed before a petit jury, which means the real trial, but, nevertheless, in his view of the circumstances, as disclosed before the Stipendiary, it was debatable whether Mr. Mackey should even be put upon trial. Mr. O'Hearn said he would convince His Lordship that a Supreme Court Judge had a right on a writ of Habeas Corpus to look at the evidence and to see if any was present in the record which would justify commitment for trial. He