The only expression of dissent from the opinions of the five last mentioned Justices, is M. Antrobus. He states that
"neither the longest nor the most patient study of the evidence laid before the 'Caldwell Enquiry Commission' enables him to offer any definite ideas that in consequence of the refusal of the Bench of Justices to undertake 'the Inquiry', he is at liberty to adopt the decision of the majority of those who did undertake the investigation, and must be deemed to be conversant with the whole subject; which, as His Excellency says, merely amounts to a special plea won for the accused. We could not permit the writer personally to take for the present, and stuck as Commissary, said to be in any way founded upon the Report which he distinctly declines to criticise, or the Charges and evidence which he has not read.
Antrobus's line of thinking is dated.
Letter of the Honourable M. Jardine, not agreeing certainly with Mr. Antrobus, for he condemns the Report as being by itself to him a most unsatisfactory judgment, adds that before venturing to express an opinion as to the subject matter, he would like to see the Charges made against Mr. 'Caldwell' as well as the evidence taken before the 'Commission'.
M. L. G. J; 29 July 10
Of the six Justices of the Peace now in the Colony, besides the three who were members of the Commission of Inquiry, there remains only Withy and Dowson. The son of His Excellency cannot be fairly expected to offer any opinion upon the present question, and I found it necessary to comment upon Mr. Browning's silence.
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This then is the result of my reference of the Report in Manuscript to the
210
and not one Justice (eight in number)
Browning's official connection with the local government may explain the silence of members of the Commission, and all of them equally ignorant of the
tenor of the Inquiry. Libelous facts taken by
D
which will be disclosed when the evidence taken by the Commission is given to the public.
Five of the Eight are content to take the facts unanimously found by the Commission; their own showing condemns the decision of
M
in the case as to the fitness of the accused to remain.
There remain but three; of whom,
The first declines to consider the Report until the Charges and evidence are also before him;
The second condemns and rejects the Report itself as a most unsatisfactory document, and is anxious to read and judge for himself the Charges and evidence when produced by Government.
And the third is silent!!
Surely, Sir, even if this simple state of the case be all that meets the eye of the Executive Council or the Secretary of State, I shall be held justified for having applied the term "fallacy" to the opinion that the Report amounts to an acquittal of Mr. Caldwell, from my own charges, or even from the nineteen charges contained in the List of His Excellency.
At any rate, it cannot any longer be said that I have not received the praises of my fellow Justices, or that I can derive His Excellency's
— possibly Censure for services which they have thought
Crowned.