11,573.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
We desire further to state that we have read the evidence given on the trial of Sawas and the report of Mr. Bovill, and that we are of opinion that if Sawas had been tried in this country, the verdict would probably have been one of manslaughter. There seems to be no evidence of premeditation, and the testimony of the witnesses certainly leaves in doubt the events which immediately preceded the blow being
struck.
But it is to be observed that, according to the witnesses for the prosecution, who were all of them the companions of the deceased, Sawas and the deceased, after some abusive language had passed, "both got up."
11
In view of these doubts, and of the absence of premeditation, and of the probability that there was considerable provocation, we regard the sentence of imprisonment for life as being very severe, and we suggest that & further mitigation of the sentence is désirable.
The Right Hon. the Earl Granville, &c.
&c.
&c.
We have, &c., (Signed)
HENRY JAMES. FARRER HERSCHELL. J. PARKER DEANE.
No. 231.
(TRANSVAAL.)
LAW OFFICERS to COLONIAL OFFICE.
MY LORD,
We were honoured with your Lordship's commands, signified in Mr. Wingfield's
Temple, 28th July 1880. letter of the 17th July instant, stating that he was directed by your Lordship to transmit to us a case on which you desired our opinion as to claims preferred by Mr. G. P. Moodie against the Government of the Transvaal province.
That if we desired any further explanations in regard to the facts of that case, an officer of your Departinent would be instructed to wait upon us and afford them to us. We were also honoured with your Lordship's commands, signified in Mr. Bramston's letter of the 26th July instant, transmitting copy of a letter just received from Mr. G. P. Moodie, whose claim against the Government of the Transvaal was submitted for our opinion in the previously mentioned letter of Mr. Wingfield.
That Mr. Bramston was to state that the litigation pending in the Transvaal had been postponed, at the suggestion of the Secretary of State, in order to afford time for the consideration of Mr. Moodie's claim by Her Majesty's Government; and that your Lordship would therefore be obliged by an early expression of our opinion upon the
case.
In obedience to your Lordship's commands we have the honour to
Report
I. That we are of opinion that Mr. Moodie has a valid claim to the sum of 2,000l. balance of the money voted to him by the Volksraad in June 1876.
2. We do not find in the facts before us proof sufficient to establish Mr. Moodie's legal claim to the further sum of 2,000l. demanded by him in his letter of July 22nd, 1876.
3. It appears to us that by the agreement of August 19th, 1875, Mr. Moodie undertook to make over to the South African Republic the concession he had obtained from the Government of Portugal on the terms that he should receive the expenses he had incurred, and that Mr. Burgers would submit to the favourable consideration of the Volksraad the claim which Mr. Moodie would have for such reasonable grant or honora- rium as the Volksraad might decide to accord in recognition of Mr. Moodie's exertions. The effect of the 3rd clause in the agreement seems to be that Mr. Moodie undertook to accept such sum as the Volksraad should vote him in return for the exertions he had made to obtain the concessions. There does not appear to be any personal contract with Mr. Burgers so as to make him personally liable to pay any amount to Mr. Moodie, neither does Mr. Burgers agree, even if he had the power to do so, that the South African Government should pay any particular sum or quantum meruit to Mr. Moodie. The 4th or arbitration clause does not in our opinion include within it any power of determining a dispute as to the amount to be paid by the South African Government as a grant or honorarium.
We therefore think that if Mr. Moodie has been paid the amount voted by the Volks- raad he would not be entitled to make any further legal claim upon the South African Government. It is, however, to be observed that the President, by his letter of October 20th, 1876, confirming the StateSecretary's communication of July 22nd, undertook to lay Mr. Moodie's claim for the additional 2,0001. before the Volksraad. We therefore suggest that although Mr. Moodie has no legal claim which he can enforce, either directly or under the arbitration clause, it is worthy of consideration whether Mr. Moodie should not be informed that the Secretary of State will be willing to receive and consider (apart from any legal claim) any statement be may desire to make with the object of showing that he has not been properly remunerated for the concessions and his services in relation thereto.
The Right Hon. the Earl of Kimberley,
&c.
&c.
&c.
We have, &c., (Signed) HENRY JAMES.
FARRER HERSCHELL.
▲ 12916--218. 25.-1984-
}