I trust under all the circumstances, the course pursued may succeed. Your Excellency's approval.
How far the evidence herewith forwarded, together with such as the officer and men of "Childers" sent down in charge will be enabled to furnish, if required, will suffice to conviction, is a question upon which I can hardly offer an opinion.
Ensure the safety of the wounded Chinese, the enclosed affidavit of the surgeon under whose charge he has been placed certifies, and the remainder of the Sunk's crew having been liberated by Capt. Pitman, it is equally impossible for the moment to secure their attendance at Hongkong. The officer sent in charge of the schooner, Lieut. Graham, has signed entries in the Log of the Childers handed into the Consular Court, and included in the evidence clearly affixing the act of Piracy upon the "Sunk", and the breach of the Navigation Laws from the irregularity of the papers, and there can be no doubt to identify the Prisoners as the Master and crew found on board the schooner on the 23rd June, the day after the plundering had taken place, in sight of all on board. H.M. Ship's crew deficiency of evidence therefore will be found.
If, contrary to my expectation, there should in the opinion of the legal authorities of the Colony, not be reasonable probability of obtaining a conviction without the presence of some of the crew of the Sunk, and it is doubted their evidence can be forwarded; to guard against future difficulty or unnecessary delay, I have called upon the Officiating Superintendent at once to take the proper steps to ascertain the names and residence of the whole of the crew and to hold them in readiness at short notice for embarkation, should their presence be deemed necessary at Hongkong as witnesses.
I have thus endeavoured to the best of my ability to further the ends of Justice with the least possible delay or inconvenience to the public services, and for greater security the original
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