30

case in which the Governor himself is implicated would probably be a difficult matter. But as he had proposed it to John

38. The whole affair is very mysterious. We have to have very strong evidence to like

(1) Mr Hayllar's exclusion from Government House for disgraceful conduct with a Lady in 1879:

(2) The Governor's assault upon Mr Hayllar for molesting a lady in 1887:

(3) Mr Hayllar's complaint of that assault:

(4) His withdrawal of that complaint before the Eitel Johnson affair:

(5) the Eitel Johnson affair:

(6) the action Hayllar v Eitel:

(7) the Governor's affirmation of the picture story:

(8) His retractation of it, which caused Dr Eitel's Governor's

(9) the compromise of the action (10) the proposed cancellation of the paper about the assault of 1887

P.S. See minute on 1583

82

Mr. 167e6.82 Confidential despatch

Confidential despatch No 167/1882

BS D'Eitel cannot be dissipated by these papers, but if he remains in the service his position will be much damaged by what has passed. I think justice then requires full investigation and that his categorical statements should be categorically met. He challenges full enquiry. This would have been afforded by a trial but that opportunity is lost. If the matter cannot be conveniently brought before the Legislative Council perhaps a commission of enquiry might be arranged presided over by the Chief Justice. All papers should be laid before it and the parties should be confronted

Nr 16/2

Mr Wingfield

I think Ld Kimberly would like to have your opinion

Glad to send it tomorrow Herbert.

Ref 167

See Mr Ede's further minute appended

Page 17

MINUTE PAPER


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