47
Gold Coast.
No. 39.
COPY of a LETTER from the ATTORNEY and SOLICITOR-GENERAL to
MY LORD,
Earl GREY.
Temple, April 16, 1850.
No. 39.
WE were honoured with your Lordship's command, contained in Mr. Hawes Assault on a native letter of the 6th ultimo, in which he stated that he was directed by your Lord- in a Colony, by British subjects, ship to request that we would favour your Lordship with our joint opinion on not triable in the the following questions:-
Court of Queen's
Certain officers of Her Majesty's 1st West India Regiment are charged Bench in England. with having given directions for the ill-usage of a native of Cape Coast Castle, named Robert Erskine, by torture, in order to compel him to disclose an alleged robbery.
That the circumstances, as far as known to your Lordship, are detailed in the statements of Robert Erskine, and certain other parties, enclosed in a despatch from the Acting Governor of Cape Coast Castle, dated October 22, 1849, a copy of which is annexed, and also in the declarations of other parties taken before a Committee of the Aborigines Protection Society, and likewise annexed.
That Captain Murray and Lieutenants Bingham and Stuart, the officers whose names are mentioned in the account of this transaction, are now believed to be on service in the West Indies.
That the papers relating to this transaction have been submitted by the Commander-in-chief to the Judge Advocate-General, whose letter thereupon is likewise annexed.
That the questions which the Judge Advocate-General recommends to be submitted to us are, whether the persons who are charged with having tortured Robert Erskine can be tried and punished for it, either upon an information exhibited by the Attorney-General, or upon an indictment found in the Court of Queen's Bench in England, and would it be proper in a case of this kind to resort to such mode of trial.
Mr. Hawes then stated that your Lordship requested that, in the event of our being of opinion that such proceedings might be taken, either on informa- tion or indictment, we would further favour your Lordship with our opinion in what manner, and by what authority, the examination of the witnesses and other preliminary proceedings should be taken, with a view to the committal of the accused parties for trial.
In obedience to your Lordship's commands, we have perused the several documents transmitted to us, and have the honour to report that, in our opinion, the persons who are charged with having tortured Robert Erskine cannot be tried and punished in this country by information or indictment in the Queen's Bench; at Common Law no such proceeding could be instituted in this country, and we are of opinion that the case is not within the provisions of the Statute 42 Geo III, cap. 85.
The Right Hon. Earl Grey,
We have, &c.
(Signed)
JOHN JERVIS. JOHN ROMILLY.
&c. &c. &c.
No. 10.
Cory of LETTER from the QUEEN'S ADVOCATE to Lord J. RUSSELL.
MY LORD,
Doctors' Commons, June 13, 1855.
I AM honoured with your Lordship's commands, signified in Mr. Merivale's letter of the 31st of May last, stating that he was directed to submit to me the
N
No. 40.
Foreigners domi. ciled in a Colony (or country under British protection), where
not entitled to compensation for
loss inflicted in civil war.
PUBLIC RECORD OFFICE
Reference:-
C.O.885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
!