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PUBLIC

RECORD OFFICE

Reference :-

TC.O. 882

5 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

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Admiral had engagements requiring him to visit the West Coast of Africa. He also touched on the imperative nature of his own engagements at the Cape.

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26. However, when he wrote to me the following day, the 10th of December, he evidently bad not made his mind to precipitate a decision, for he said he would give me any reasonable time I desired for the preparation of my defence, and he added that he would expect me to give him, before he left, a written assurance that I would not molest any officer who had given evidence against me. I at once gave him the assurance he required.

27. On the 10th he telegraphed to me allowing me to engage counsel to assist me in reading the evidence, and advising me as to the defence. On the 12th I communicated to him the opinion of my counsel that, looking to our correspondence of the 3rd of December, the defence would take three weeks. I also asked to have the majority of the English officials examined.

28. On the 14th of December, without any previous hint or warning of any kind, he sent his private secretary to me with two letters, dated the preceding day, suspending me from office, and asking for the immediate return of the minutes of evidence on which I was then working.

29. The only reasons that I can find in his letters to account for his adopting this course are that he thought it expedient; that it was arrived at on general grounds, which would not be affected by my defence; and that bis presence was required at the Cape.

30. For reasons into which I need not enter now, my counsel informed me that in their opinion the proceedings of the Commissioner were irregular and illegal; that he had not exercised the discretion vested in him by the Commission of the 25th of September, according to law or to the instructions you gave him on the 29th of September; that he had in effect prejudged the case, and that I should not consent either to send my defence to him to the Cape, nor to be a party to any attempt, which was manifestly futile, to examine my witnesses up to the 18th, the day he was to leave. Accordingly I replied somewhat to that effect on the 14th of December.

31. On the 15th Sir Hercules Robinson telegraphed to me that he had, at my request, examined Dr. Meldrum, and he wished me to give him names of other witnesses for the following day. He also communicated to me, through the Colonial Secretary, that he would hear my witnesses on the 15th, 16th, and 17th. I had made no request to have Dr. Meldrum examined, though he was undoubtedly on my list of 34 English officials, who were to rebut the evidence already taken.

32. In my telegram of the same date I briefly stated why I had not sent my list of witnesses, and I repeated what I had said in my letter of the 14th, that I was appealing to Her Majesty's Government.

33. However, he again telegraphed to me that he had examined four witnesses, and had summoned six more on my behalf for the following day. In my telegram of the 16th of December, I again point out that I could be no party to this attempt to examine Bome of my witnesses, and that my appeal to Her Majesty's Government and my observations on the case would be sent to London and not to the Cape.

34. On the 18th of December Sir Hercules Robinson left in H.M.S. "Raleigh" for the Cape, no further communication having passed between us.

35. I understand, however, that on the 16th and 17th he consulted with the Acting Colonial Secretary, the Procureur-General, and the Acting Auditor-General, on a point which he said distressed him very much, namely, that whilst he never contemplated depriving me of salary, he found to his surprise and regret that he had actually done so. He pressed those officers to see if there was no way of securing me full pay. They, however, reported that the act that had been done deprived me of pay as well as of office.

36. In addition to my correspondence with Sir Hercules Robinson I enclose for information three minutes I sent to him in the course of the inquiry. The first minute relates your to my alleged interference at the general election. Sir Hercules Robinson informed me that, on hearing the evidence, he was perfectly satisfied that I had not interfered. The last paragraph of my minute relates to a collateral question which was inquired into, Damely, the proceedings of certain officers of the Oriental Bank referred to in despatch of the 23rd of January 1886.* Sir Hercules Robinson told me that he thought I attached far too much importance to the proceedings in question which he understood were not unfrequent in Colonial banks. The telegrams attached to the minute relate to certain entries which Judge Williams, who tried the case, described in his charge to the jury as being hardly consistent with proper banking book-keeping, as being in fact "fictitious entries."

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37. My second minute relates to the first evidence of the memorialists and Bishop Scarisbrick, who, it appears from the evidence of Mr. de Coriolis, had contributed to

the preparation of the memorial.

38. My third minute deals with the case of Mr. Clifford Lloyd.

39. Besides these minutes, which I had communicated to the Commissioner, I had over a hundred folio pages of my defence written out when the suspension occurred. A.

a specimen of how I was dealing with the evidence of the English officials, I enclose the part of my answer that was fair copied to the charges and statements of the first and principal of those witnesses, Mr. Elliott. I venture also to enclose some pages* I had prepared dealing with other parts of the inquiry.

40. Having thus set forth more a narrative of facts than any arguments or expressions of opinion, I venture to call your attention to the two points which it seems to me are involved in the case as it now stands.

(1.) Has the Commissioner exercised the discretion vested in him by the Commission of the 25th of September empowering him to suspend the Governor's commission, according to the legal principles and decisions governing such matters?

(2.) Has the Commissioner conducted the inquiry and exercised the discretion vested in him by the two Commissions of the 25th of September in accordance with your instructions of the 29th September, and according to the Local Ordinance No. 7 of 1886 ?

41. As regards the various matters referred to in your instructions to Sir Hercules Robinson of the 29th September, you will have seen that many of them, including the most important ones, had practically been disposed of when the inquiry was suddenly disturbed and stopped. As the minutes of evidence are, however, to be returned to me, I shall continue my analysis of the evidence, and send it to you with my observations on the whole case by the earliest opportunity.

The Right Hon. Edward Stanhope, M.P.,

&c.

&c.

&c.

No. 45.

I have, &c. (Signed) J. POPE HENNESSY.

THE RIGHT HON. SIB H. T. HOLLAND, BART., G.C.M.G., M.P., to ADMINISTRATOR MAJOR-GENERAL W. H. HAWLEY. (No. 1.)

SIB,

Downing Street, January 18, 1887.

I HAVE the honour to acknowledge the receipt of Sir H. Robinson's despatch, of the 15th of December last, reporting his assumption of the Administration of the Government of Mauritius, and his decision to appoint you as Administrator on his departure; and also of his despatch of the 17th of December, reporting that he had appointed Mr. Round to be Acting Colonial Secretary.

I request you to inform Mr. Round that Her Majesty's Government highly appreciate the readiness with which he accepted this temporary appointment at considerable personal inconvenience.

You will have learned from my telegram of the 17th instant, that Mr. Round will be relieved of his duties by the arrival of a new Colonial Secretary about the 21st of February.

I have, &c.

The Officer Administering the Government.

No. 46.

(Signed)

H. T. HOLLAND.

THE RIGHT HON. SIB H. T. HOLLAND, Bart., G.C.M.G., M.P., to ADMINISTRATOR MAJOR-GENERAL W. H. HAWLEY. TELEGRAPHIC.

22nd Jan.-Move Council to vote to Sir J. Hennessy half-salary during suspension, and order the officials to support the vote.

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