93
persons have committed the creine
charged ) it establishes such a
"and cogent
cast
clear
of quilt as to satisfy
"Frio mind that the men are
actically
"quilty? So far as I can see, it is only.
!!
upon
other of these definite
or o
" issues that the Governor is to exercise
"his discretion:-
"(1) So there
upon
the evidence
probable cause for believing that the
prisoners hoeve
...
Committed the crive charged
" or (2) Is the evidence such as to
"
satisfy the Governor's mind that the
privoners are guilty?
"
" By law the Governor is free to
"haud over
any person
"The ellagistrate
committed by
the ground
ed that
for believing
" there is probable cause,
"that he has committed the crime. By
}
"thic Treaty
he
way apparcutly require
" that before handing
#
over any pere on; his
"quilt shall be established
by.
such
" evidence as would warrant a conviction
in our Courts."
"Ilucter the circumstances I think.
"the Executive Council might consider " both questions and should consider " them separately;
"It is rather difficult to keep there
" issues distinct . It is impossible to
"
prevent one's judgment upon the
" bearing of evidence being affected by
"
"a sense
"
of the responsibility that
"attaches to a decision upon that evidence.
"ch
#
a
theory the proof required
proof required to convict
" Kind
Co
of the same
of a burcury is of the
that required to convict him
of a capital offeure, but, in practice,
Loub
M
]