PUBLIC RECORD OFFICE
Reference :-
C.O. 882
5 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH—NOT TO
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my conclusions in consultation with him, he had determined to try and wear me out by pursuing a Fabian policy.
12. On the 7th December the Governor wrote a note, a copy of which marked (D) is enclosed, saying he wanted copies of the evidence. This would have been work which would have occupied 25 clerks for four or five days. As Sir John Pope Hennessy had the original evidence in his possession for the purpose of framing his defence, the application appeared to me an unreasonable one. I thought it indicated either a desire for delay, or to have the means, after my departure, of persecuting the unfortunate English officials who had given evidence against him, or perhaps both. I accordingly replied on the same day, in a note a copy of which marked (E) is enclosed, that I did not think he ought to take a copy of the evidence. I told Sir John Pope Hennessy that I had allowed him to have the original evidence, so as to make what observations he thought proper upon it, and that when he had done so the evidence in original would be forwarded to the Secretary of State, who would decide whether it was or was not desirable that it should be made public. In the meanwhile I felt bound to take measures to insure that no use should be made of it other than for the purposes of the inquiry.
13. On the 9th December Sir John Pope Hennessy came in to Port Louis, and I went to see him. As I entered his room I met the Procureur-Général leaving it, and Sir John at once told me he had been consulting him as to the prosecution, for perjury, of Mr. Elliott, the Acting Receiver-General, and some of the other English officials, who had, so he said, given false evidence against him. He pointed to the Ordinance, recently enacted, which was on the table before him, and said it had been passed for his protection against misstatements. He had before him also the evidence of Mr. Elliott, the first of the English officials examined on the 19th November, which had been sent to him weeks before, and to which he seemed only then preparing an answer.
He said that, as I would not meet him in the way he had suggested, he would have to go through each witness's evidence in detail, and that the work would probably occupy him for weeks. It seemed from his remarks, that his line of defence, might then involve the re-opening of the inquiry for the re-examination of witnesses. I told him if I were delayed much longer I should have to send the "Raleigh" back to the Admiral, and take my chance of returning to the Cape as I could. He replied that he thought that would be my best plan. He added that he wished to engage two counsel; though for what particular purpose I did not clearly understand." In short, I could get nothing definite or satisfactory from him. He appeared to be much excited, as if he had only then begun to realize the gravity of his position.
14. Upon the following morning, the 10th December, as the Cape mail was leaving that day, I wrote a note to Sir John Pope Hennessy, a copy of which, marked (F.) is enclosed, asking him to tell me something definite as to when he could let me have his defence. I stated I was anxious, in the painful circumstances in which he was placed, to give him any reasonable time he might desire for its preparation, but it was necessary I should know clearly his intentions in the matter, with a view to decide upon my own course of action. added, with reference to our conversation of the previous day, that I considered no officer should be in any way molested in consequence of what he had stated before the Royal Commission, until the whole case had been considered and decided by the Secretary of State, and that I trusted he would give me a written assurance to that effect. I sent this note to Réduit by Mr. Round and Mr. Solomon, in the hope they might be able to extract something definite from Sir John Pope Hennessy as the Cape Mail was leaving at 2 o'clock, and I wanted to write to the Admiral about his flag-ship, and to the Cape Premier as to my return.
15. These gentlemen had a very unsatisfactory interview, being unable to get Sir John Pope Hennessy to make any definite promise as to time. He pointed to the mass of manuscript evidence scattered about the room, and said it would take him a long time to go into detail into every statement made by the English officials. Mr. Solomon suggested that, with a view to save time, all the officers whose statements of fact he questioned might be recalled and cross-examined by himself, or by a counsel deputed by him; but this proposal he did not seem to approve of. He said he would prefer to send in a minute upon each officer's evidence. Mr. Solomon remarked if such minutes denied statements of facts, it would be necessary to give to each official the opportunity of reply, which would take much longer than parole cross-examination. He said he did not see the necessity of letting the officers peruse what he might write. In short, his object seemed to be to get the last word, and the interview was considered by both Mr. Solomon and Mr. Round to be thoroughly unsatisfactory. During the course of it Sir John Pope Hennessy said that unless I could assure him considered he had acted in good faith in
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the Ferguson case, be would have to go into the Oriental Bank matter from the beginning. This seemed to me merely a repetition of his previous threat of indefinite detention if I would not agree beforehand to decide in his favour.
case,
16. The same afternoon, the 10th December, I received a note from Sir John Pope Hennessy, a copy of which, marked (G.), is enclosed, in which, in reply to my note of that morning he said he agreed with me that the official witnesses should not be molested for the evidence they had given until the Secretary of State had decided on the whole but he did not give me the assurance I had asked for that he would not molest them. His answer on this point appeared to me unsatisfactory. He added that he was anxious to engage two counsel to assist him in reading the papers and to advise him. If I allowed this he would, he said, be able to get through the papers quicker, and he would, after consultation with the lawyers, let me know when I might expect his defence. 17. I at once telegraphed to him, in reply, that I had no objection to his employing counsel, as he proposed, if he desired to do so.
18. On the 12th December he wrote to me that, after consulting counsel, and looking to my rejection of his proposal of the 3rd December, he was of opinion it would take him "at least" three weeks to complete his defence. That note, although dated Sunday the 12th, did not reach me till late in the evening of Monday, the 13th December. In the meantime, I had carefully considered the situation from all its bearings. I felt convinced I was being played with. I had been nearly six weeks in the island, and a defence might easily have been prepared if any genuine desire had existed to produce one. I felt, too, that if I waited for another three weeks, I might, at the end of that time, be as far as ever from obtaining the defence, if the Governor, for any purpose of his own, still wished for delay. The words "at least," in his reply could, in such case be referred to as justifying a further application for time. I was, in short, in his power.
I had to remember that Saturday, the 18th December, was the last day I could detain the
Raleigh, as the Admiral had formed plans for a cruize to the West Coast.
The Cape Ministers, also, were anxious for my return, my absence having already far exceeded the probable duration of it named by the Secretary of State. I accordingly determined to leave for the Cape on the 18th December, and to inform Sir John Pope Hennessy that he could send his defence after me; and that up to the 18th I would examine any further witnesses he might wish to produce. I had already examined twenty-two on his side.
19. I had then to consider whether Sir John Pope Hennessy ought or ought not to be left in the administration of the Government after my departure. The conclusion at which I arrived was that harmony and confidence would never be re-established in the Legislature and the Civil Service of Mauritius, as well as throughout the community so long as he remained the Governor of the Colony. The ill-feeling towards him, engen- dered by his failure to hold the balance evenly between race and religions, and political differences, had become too acrimonous to be assuaged. There was no longer any hope of the chasm between him and his opponents being spanned. I considered that, let his defence be what it might, the situation would remain unchanged by it. I thought that his retention of office, whilst the Secretary of State was looking into the case, would be prejudicial, and even dangerous to public interests. The English officers were, and I' thought not without reason, dreading the commencement of a system of persecution as soon as my back was turned. Pressure was being brought to bear on some, who had not come forward adversely, to give counter-evidence of confidence. What were known as the Governor's newspapers were advocating a dissolution, with a view to test his popu- larity with a majority of the electoral body. Such a step, for such a mere personal object, would in my opinion, have been a scandalous abuse of the prerogative. In short, the case seemed to me precisely the contingentcy for which provision was made by the Queen's Commission of the 25th September, transmitted to me in your Secret despatch of the 29th September last. I accordingly determined to assume the Govern- ment, and to nominate General Hawley to administer it on my departure.
20. Upon the 13th December, therefore, I wrote to Sir John Pope Hennessy informing him of my decision to assume the government on the 15th, and to leave on the 18th for the Cape. I intimated to him that I had arrived at the conclusion that it was expedient there should be forthwith a change in the administration of the Government of Mauritius on general grounds, which would not be affected by his defence. I told him he might take the time he required to complete his defence, and send it after me fo the Cape; and I told him also that, if he would return me the original evidence which I required to take with me, I would have a copy of it made, and leave it with him to enable Kim to complete his defence. I added that, up to the 18th, I would examine any further witnesses he might wish to be called.
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