Enclosure 2.
C.O.
11943
359
Remarks by the Colonial Secretary.
REGE 4 APR 07,
Paragraph.
Officers are not permitted to be represented by legal advisers before the Executive Council.
Paragraph 7.
The Petitioner has omitted to mention that Lieutenant Beckwith, R.N., Harbour Master, gave evidence before the Executive Council and in his presence on the 24th of December.
A copy of the minute, dated 7th December 1908, is enclosed in which the Crown Solicitor advised that the Statement of Lo Far, (July communicated to Mr. Guterres on the 17th of December last,) might be produced before the Council.
It is not the practice to supply Officers who are brought before the Executive Council with a copy of the evidence given at the hearing.
Paragraph 9 (a). The three charges described as vague were not found proven.
(c). This statement is not strictly accurate as reference to the evidence will show. But even if it were the fact remains that the Chinese witnesses in this case gave their evidence orally before the Council and in the presence of Mr. Guterres who was allowed to ask them questions in cross-examination.
The Council having heard these witnesses and Mr. Guterres's own statement in explanation, had full opportunity of considering their demeanour and that of the accused and of forming an estimate of the credibility of their evidence; in similar circumstances there would be no ground for interfering with the conclusion of a jury upon the facts of the case.
Paragraph 10. With regard to the letter from Captain Pulford I have ascertained that the S.S. "Alcinous" was in this Port from