CO885-(11-13) — Page 654

in the way described, we think it may fairly be contended that the offence of murder was committed. At all events, we think the determination of that question might properly be left to the tribunal before whom the case was tried. Any objection to the jurisdiction of the Court constituted by an Order in Council, and any question as to the sentence it had power to impose, might also be raised at the trial.

4. We see no impropriety in such an Order in Council containing the provision suggested.

We may add that it is not clear whether the alleged murderers are still in the territory of the chief or are now in the Transvaal. If the latter, we are not aware whether there is any convention with the Transvaal under which their

in the presence, protected territory, could be secured for the purpose of trial.

The Right Hon. the Earl of Derby, K.G.,

&c.

&o.

&c.

$

}

We have, &c., (Signed) HENRY JAMES.

FARRER HERSCHELL.

19,735.

No. 29,

(MALTA.)

FOREIGN OFFICE to COLONIAL OFFICE.

SIB,

WITH reference to your letter of the 30th of June, relating to a petition from

Foreign Office, 18th November 1884. George Jackson, a prisoner in Malta Gaol, praying for a remission of the sentence passed upon him by Her Majesty's Consular Court at Tunis, I am directed by Earl Granville to acquaint you, for the information of the Secretary of State for the Colonies, that the Law Officers of the Crown to whom his Lordship referred the matter have now reported that in their opinion there do not appear, at present, to be sufficient grounds for interfering with the sentence.

The Law Officers suggest, however, that as Mr. Consul-General Reade says he has carefully investigated the case, and recommends it for favourable consideration, he should be requested to furnish any facts in his possession beyond those disclosed by the evidence, and Mr. Reade has, accordingly, been instructed in this sense.

The Under Secretary of State, Colonial Office.

I have, &c.,

(Signed)

T. V. LISTER.

▲ 15927.—13, 35.---12/55.

PUBLIC RECORD

OFFICE

C.O.885

Reference :-

13 PUBLIC RECORD OFFICE, LONDON

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