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PUBLIC RECORD OFFICE

Reference -

C.O.882

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Sir,

General Police Office, September 30, 1872. IN reply to your letter No. A. 1,729 of the 26th instant, giving cover to an inclosure from Mr. Justice Gorrie, I seize the opportunity of stating, as I have already done (paragraph 48 of my Report), that it is far from me to impute any improper motive to any one, and, further, I gladly avail myself of this occasion to disclaim any intention of, directly or indirectly, casting an imputation on the high office of Judge of the Supreme Court.

My Report to the Royal Commissioners was written under exceptional circum- stances, I having to make it on matters which took place during my absence, I was directed to afford them all the information I could and did so. I found myself and Department accused in my absence, and branded in the public press in India anit England as "a corrupt and unscrupulous police" without any defence being set up, or my having had an opportunity of vindicating myself. Moreover, I found (the ques tion of good or bad faith being a collateral issue), that the documents on which mainly rested the defence were not imparted to all the members of the Commission, and, further, as it now would appear, were not before it when they drew up their Report: Captain Blunt having taken away the file at the very time when thể taking of orti evidence having ceased the Commission had the more need of documentarý testimony to enable them to come to their conclusions.

It appears to me that his Excellency's orders to the Commission (Colonial Secretary's letter A/1989 of 29th November, 1871), clearly laid down that it was theft duty to take and elicit evidence both against and in favour of the police; and I have, I conceive, just reason to complain, that while selected Memoranda and Orders wilk before the Commission, and were printed and attached to the Report, thereby leading to the imputations cast on the Department, that all orders likely to lead to vindication of the action of the Force, though their existence was equally known to two of the members, were not brought to the notice of the other members, and did not receive the same prominence; for, from my conversation with Mr. Fraser, and the known character of General Smyth I feel sure they were in the same ignorahce mi Mesers. Antelme and Robertson, as my conviction is that no old soldier would alłów another to be thus treated behind his back, and Mr. Fraser I know did nớt cónctie in condemning the Department.

The Orders in the Force are printed, therefore it was easy for Mr. Beed to procure a copy of what he wanted, the 'date, however, of Captain Blunt's transmitting fetteri proof that it was not till thé 10th of July, 1872; that the actual file handed 'in bý Mr. Spencer was returned.

Captain Blunt states he took off the file General Order No. 28, and a careful perfbal of paragraph 5 of my Report will show you, that my statement that the fle was found minus a page is, therefore, correct, though I am no way intimated, or intended to intimate, that Mr. Gorrie had done this. Therefore I trast he will see the the necessity of withdrawing the words he has used in paragraph 5.

In regard to my paragraph 44, and to Judge Gorrie's reply thereto, I would remark that no where do I say that a tendency in spite of the evidence exists; .but I say, "writing under correction," that looking to thể cases. I cite a bias appears to me, perhaps most unintentionally, to have existed against my Department; this, however, is but the impression caused by the perusal of the Report on an absent man.

I regret much to observe Judge Gorrfe, in paragraph 8, states that I have met in

a bad spirit his efforts to obtain greater purity in the administration of justice; this I cannot but feel a most unjust scotisation, ab I have but to remind him that I was net in Mauritius at the time, and had no cognisance of this chaẻ tó which he alludes, and on which he reported, nor of his letter on it tail recently:

The Royal Commissioners called on me for a Report on the Police Inquiry Com mission. I farnished them with my views on the subject, bringing forward such facts sa were in my possession that could be used in explanation of the action of my Depart ment, for the correctness or otherwise of those 'facts I am answerable to the Royal Commistiotters, and I am prepared to substantiate them. I, however, bog again to reiterate that if in the wording of my Reptes I can be construed to cast any unfair reflection on MP. Ttustice Gorrie, or his high offbe, I beg to state that it was far from my intention ever to do sỡ.

I have to. (Signed) J. T. N. O'BRIEN,

Inspector-General of Police.

Sir,

(General Branch. Registered No. A/1882)

Mauritius, Colonial Secretary's Office, October 16, 1872. I HAVE received and laid before the Governor your letter No. 297 of the 80th ultimo.

I am directed by his Excellency to inform you, that he remarks with pleasure your statement that if the wording of your letter of the 24th of August, to the Royal Commissioners of Thiry, can be construed as casting reflections upon the condust of Mr. Justice Gorrie, as a Member of the Police Inquiry Commision, it fully accurately

might

in

it

to represent your meaning, and that you altogether disclaim any suob bake

Although your letter does not contain those expressions of regist naturally be expected from a public officer, who had, even unwittingly, language which implied his belief in an unfounded charge-of partial cone exercise of a public duty against one of the Judges of the Supreme Court, yeh, appears from a letter which he has addressed to the Governor, that Mr. Justine Gorda, is willing to accept the explanation you now tender, his Excellency does not com der it necessary to pursue the subject farther.

I have, &o.

(Bigned) EDWARD NEWTON, Colonial Secretary.

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C.O.882

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