"decision, before offering his serious advice to His Excellency The Governor. "I am free to admit that in commencing this investigation my mind was predisposed in favour of the prisoners, as might have been noticed by the Honourable Members. For every question put to the witnesses, I framed with a view to the elicitation of some point of fact shewing the innocence of the prisoners - and the witnesses that I myself caused to be summoned were such as I hoped to form that inference through.
But the investigation concluded, I am obliged to declare that, the prisoners excepted, my hopes have failed, and that I find the case generally to stand as it stood before the Supreme Court.
House I should be very willing to advise His Excellency to disturb the sentence, were it not for the two following reasons:
1. My impression is that in England though sentence of Death is passed in cases of "constructive Murder", it is not customary to carry it out... It is apparent, and I believe admitted on all sides, that this is a case of "Constructive Murder". – The Prisoners are not accused of the actual murder with their own hands, were not armed with lethal weapons, they are charged with felonious entry into the house, and association with the band of armed men by whom the Murder was committed in the street.