22.

clearest evidence, for not only that the Judge

did

not come into collision with the sentry -_ but that

- fall or poll upon his back at all,

he did not

and to crown all, the founcil have recorded this

charge as disproved

If therefore, I ever made such as

Excellency, it is now

statement to Your br

mamfect I stated what was not the fact,

Your Crucellency has, unintentionally no doubt,

gives

а

colour to this occurrence which it was

not calculated to bear. At

necessary

ههه

event_ it becomes

only

any now to set it right, if it were,

to show

the little value to be attached to casual and

careless conversation in the moments of familiar

intercourse and friendship, and also to correct

2

passage in

my

minate of yesterday's date, in

which, in order to meet Your Excellency's views and those of the Council, I passed over

this occurrence much too lightly, when I

stated

only-

«

" that the particulars had not

been fully proved -

I feel Ior

owo a

23.

341

great duty in the present:

stage of these proceedings to the party accused, and

was really to astounded at the moment by, the decision of the majority of the Council as to the suspension of the Chief Juctice, in what appeared

direct opposition to the law of evidence,

to me a

that I was unable to do the subject all that

justice which its momentous import requires."

Shave, to,

(Signed). George D'Aquilar MGjeneral

His Morsellency

Sir John F. Davis, Bt

&te,

@

"Victoria, 7tt. December, 1867

that the single

You

must be aware

question to which you'r

your observations apply was determined during your presence in Council yeterday to have been a quection from the founced, because

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