the
majority of the Council, that boy might have had _ opportunities of seeing
the
prisoners while in the dock,
which would have materially
diminished the value
of the
Sevidence of identification.
This fact, and the
further one
that there was no evidence
as to the particular person
who
fired
(7
the
fatal
tal shot,
the crime
of
: thus reducing : the prisoners to constructive
murder
only),
were the
circumstances
Enclosure 1.
1st Dee, 1888. Enclosure 2
423
eircumstances which influenced
the
majority to advise in
favour of
commutation.
2. I enclose Mr. Justice
Leach's letter with his notes the evidence, an extract-
5.of.
8. from the
26th 110v 1888. Enclosure 3. 7th Deer, 1888. Enclosure H. 27th floor, 1888,
the proceedings of the Executive Council, and the
newspaper report of the oase. I have the honour to be,
My Lord;
Your Lontship's Most Bodient
Humble Servant,
Erederick Newark
Administering the Government.