CO885-(10-11) — Page 890

4331.

No. 705.

(GOLD COAST.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, May 2, 1871. MY LORD,

We are honoured with your Lordship's commands, signified in Sir Frederic Rogers' letter of the 28th ultimo, stating that he was directed by your Lordship to transmit to us, for consideration, copies of three Despatches with their enclosures from No. 30, the Governor-in-Chief of the West Africa Settlements, regarding the death of Cobina 9 March, Anamaboe, a prisoner in the gaol at Cape Coast, which was attributed to the negligence 18745 of Dr. Jones, the Colonial Surgeon, who, as would be seen from Sir A. Kennedy's latest 30 March, Despatch, had absconded from the Gold Coast, and was supposed to have returned to 1871. this country.

That your Lordship desired him to request that we would favour your Lordship with our opinion whether a prosecution for manalaughter could be instituted against Dr. Jones in this country with any reasonable probability of success.

And that in the event of our advising a prosecution, your Lordship would be glad to receive our suggestions as to the steps which should be taken with reference to such a proceeding.

In obedience to your Lordship's commands, we have taken the matter into con- sideration, and have the honour to

Report

That although great blame appears to us to attach to Mr. Jones as well as to the jailor, and we must add to Mr. Ussher, whose private letter to Dr. Jones may be regarded as some excuse for, though by no means justifying, the cruelty with which the deceased was treated, we do not think that such a case can be proved against Dr. Jones as to make it probable that he would be convicted of manslaughter, or to justify a prosecution for that offence.

The Right Hon. the Earl of Kimberley.

We have, &c. (Signed)

R. P. COLLIER.

J. D. COLERIDGE.

No. 46,

30 March, 1871.

⚫ 16978,-148. 25.-5/86.

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