357
said, were
prima facie guilty of murder,
given up.
6.
Whilst
to
was not due to the careful consideration that Thomas Wade very properly gave the serious question raised by M. Consul Hewlett; but to certain legal informalities which I had failed to detect when the commitment and the depositions were considered by the Executive Council. Before being considered in Executive Council, they had been, in the usual course, sent to the Attorney General. Having read all the papers he advised that the case was a proper one for rendition, but that in view of Mr. Consul Hewlett's opinion of 10 January 1881, the legality of the case should be carefully watched after being committed.
* See Mr. O'Malley's minute of the 11th of January, 1881, I accepted, as absolutely correct, the Attorney General's view of the papers in the case (which legal view, as it turns out, was unfortunately not correct) I declined giving up the fugitives until I could get further explanation from M. Consul Hewlett as to his allegation that they would certainly be judicially tortured during their trial in spite of the guarantee of the Viceroy to the contrary.
On the enclosed papers,
%
In
Your Lordship will see the Attorney General's argument in the Supreme Court in support of the opinion he had