Lord Kimberley is disposed to think that in the justice of the case might have been satisfied with a lighter sentence than that inflicted. It appears to Sir Charles Trevelyan that he has humbly placed himself in the statements as to his character made on behalf of the Prisoner, and that he has grounds to hope that the case may be reviewed and the sentence reduced by one half.
That Lord Kimberley perceives that there was no intention on the part of the Executive to imply any reflection on the valuable Public Officer, and that in his opinion, Mr. Russell should have frankly accepted the disclaimer made by him. And that this twisting in method to sanction the unusual course of publishing in the Gazette a letter from an subordinate official reflecting on the procedure of the late Governor, and that he fails to see that the judgment passed by Mr. Russell is one which can properly be held by the case in question.
Should also transmit a copy of the War Office letter, and point out to the Lt. Governor that he appears to have been somewhat hasty in accepting without further examination the statements contained in the petition, and that in all cases of petition, before remitting sentences he should consult the Judge, and give him an opportunity of offering his observations.
When this is done it will be his duty to state the facts bearing on the case and his own judgment, and then act as the interests of justice require.
MINUTE PAPER.
413
RM9/11
Public Works Department appears to require.
Page 413
Mr. Russell has a right to question the Governor's power to pardon.
At least we do not arise from the desire to remit the sentence.
GR1178/1922/32(III)
KR Nov 11/71