 Information had been given to the British authorities, charging Roche with Ferguson's murder, and Roche was arrested as soon as he landed.He asked to be discharged, or at least bailed, on the grounds that there was not sufficient evidence against him and that he had been already acquitted.He also argued that as the offence, if any, had been committed outside British dominions, he could only be tried by special commission, and it was uncertain whether the Crown would issue one or not, or when or where it would sit.