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2. One of the Prisoners, Margay Ah-hut, No. 3, is as clearly identified by many, and by all the witnesses for the prosecution, and yet on the ground of partial evidence of good character, he is not considered by me as capitally convicted. This is my second reason for suggesting that the sentence of Death be commuted. It is not just that the sentence be carried into execution on the prisoners, for although they may be equally guilty with the others, it is not just that it be carried into execution on those others.
"I could therefore put Ching-Ah-sze, No. 2, Chung-hut-hough, No. 4, Le-Ah-lin, No. 5, and Lee-Ah-woi, No. 7, on the same footing as Wong-Ah-hut, No. 1, and commute the sentence of Death to one of transportation for life. It will be remembered that they are identified by all the witnesses. I must remark that the grounds on which I give this opinion were formally furnished yesterday evening, and that I did not peruse Dr. Legge's letter, or the account referred to in it, until it was so read by His Excellency at this trial.
"But it is singularly corroborative of the view I have taken.
"Cheung-Ah-song, No. 6, is identified by only one of the witnesses – neither the Silversmith nor the Clothier recognised him as one of the party, and as shewn by Dr. Legge's letter, the Silversmith, the principal witness, has expressed his belief that this man...