To retain at present, he should report. Writing he is likely to be fit for further service within reasonable time.
I entirely agree with Mr. Cox. My view of the case is that this is a man who ought not to remain longer in the government and who would be treated with more than justice if allowed to retire on the pension he has earned up to date. We are only concerned not to make any technical error which he can lay hold of and subject to this should do our best to get rid of him. This correspondence suggests that no point has been conceded to him beyond what is patently required by facts. He has no claim as regards the vacation leave, and to give what he wants is to strengthen him in his insubordinate attitude to the government. Similarly, to let him stay here until he is absolutely fit by the doctors to return is letting him make light of the charges.
Sir H. Blake writes to me privately. Kyshe's case is in a nutshell. He is dealing with a Chief Justice who would not bully him and overriding the decree of the late Governor "puisne judge" who tactically backed him in the long boy. That he has no ability is undeniable, and he has no moral foundation.
I have joy of the case which I fear is complicated by a want of reticence on the part of the Commissioners in some of their questions. C.P.L. 22 Jan.
The consequence is that Kyshe returns and takes his trial to better advantage. He will have a public servant playing or in the country one whose head turns cheaply. He will agitate more and try to find dates to support his case. Questions may be raised in the House. All this is hout. Had we retreated in fear of the pending trial. I assure his health will permit of his return.
On the question of full pay, I have inclined out of policy to place an interpretation h. 24/1.
A.K. 2/2.
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