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out of him, at a meeting of the Executive Council, that, in addition to other defects in the proceedings, prisoner had been flogged five times, the last three floggings being open to grave doubt; & especially noticed the fact that the age of the prisoner when sentenced to be flogged was recorded in the depositions in one case as 22, in another, whereas power of flogging is only given to the magistrates in cases where the court was of opinion that the accused was under sixteen years of age.
I therefore referred the matter again to Mr. Trimmer; then at his suggestion sent copies of the proceedings to the magistrates, Messrs May & Russell, whose proceedings were in question.
12. I transmit for Your Lordship's information the Reports and observations of the magistrates. I have also caused all the minutes that have been made to be read over carefully for the first time, recording whether's opinion that the prisoner was sixteen in the year 1876. I asked the Registrar General to make enquiry and report on the subject, as he had seen the man in prison.
I have also seen the prisoner myself, and from my own observations as well as Mr. Smith's enquiry, I entertain no doubt as to his age...
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