CO885-(10-11) — Page 806

5308.

PUBLIC RECORD OFFICE

19

Reference :-

TPELLIC.O. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

No. 641.

(CAPE OF GOOD HOPE,)

ATTORNEY GENERAL to COLONIAL OFFICE. MY LORD,

Temple, May 16, 1870. I AM honoured with your commands, signified to me in Sir Frederic Rogers' letter of the 11th instant, stating-1st. That he was directed by your Lordship to transmit to me copies of a Despatch from the Governor of the Cape with its enclosures, and also of the statement of Mr. Alfred Bellville, with reference to the shooting in Eastern Africa of a native called Chinsoro, by the orders of Captain Faulkner.

2nd. That the place where that native was killed is beyond the jurisdiction of the Supreme Court of the Cape, even as extended by 26 & 27 Vict. o. 35., and as Captain Faulkner has not yet returned to England, though it was believed that he intended to do so, it was feared that no steps could be taken at present towards arresting him upon the charge of murder.

3rd. That the case, however, was one of so serious a nature that your Lordship proposed to instruct the Governor of the Cape to make further inquiries into it, and Sir Frederic Rogers was pleased to request that I would take into consideration the enclosed copy of the Draft Despatch, and suggest any further steps which the case might seem to me to require.

4th. That your Lordship would also be glad to receive from me any suggestions as to the proper mode of proceeding in this case which my experience might enable me to

offer.

In obedience to your Lordship's command I have the honour to

Report

That no steps can be taken to arrest Captain Faulkner until his return to England. The statement of Mr. Bellville is of a very unsatisfactory character. It is difficult to collect from that statement how far he speaks from his own knowledge and how far from hearsay.

Indeed the only direct evidence which it contains tends to prove the guilt of Captain Norman rather than that of Captain Faulkner. I suggest that the Solicitor of the Treasury should be forthwith instructed to examine him with a view to ascertain what evidence he can give which will be admissible in a court of law on the subject of orders by Captain Faulkner, which he himself heard, of communications which he himself may have had with Captain Faulkner, of the trial of Chiusoro, if there was any trial, of the oath of secrecy which Captain Norman is alleged to have administered to all the members of the expedition, and of other matters which will readily occur to the Solicitor to the Treasury as proper to be inquired into. I shall be glad to be furnished with a copy of this examination before advising your Lordship on what seems to me a question of some difficulty-whether Captain Norman should be charged as accessory to the murder or be called as a witness for the Crown, on the understanding that he will not be prosecuted.

The Despatch which your Lordship proposes to send to the Governor of the Cape appears to me quite proper, and it only occurs to me to suggest for your consideration whether it might be well to add to it a direction to the Governor that if he obtains any evidence bearing directly upon the commission of the crime he should transmit the witness or witnesses to England with an interpreter (if that be necessary), for no depositions taken at the Cape will be admissible here in a criminal case.

Before ascertaining whether Bellville, the only witness available at present, can give further evidence against Captain Faulkner, I do not feel able to advise with confidence whether or not Captain Faulkner should be apprehended upon his return to England.

The Right Hon. Earl Granville, K.G.

I have, &c. (Signed)

R. P. COLLIER.

o 18278.-18. 25.-5/86.