CO885-(11-13) — Page 90

12445.

No. 790.

(WESTERN AUSTRALIA.)

LAW OFFICERS to COLONIAL OFFICE,

MY LORD.

We were honoured with your Lordship's commands, signified in Mr. Holland's

Temple, December 16, 1872. letier of the 11th December instant, stating that he was directed by your Lordship to transmit to us a copy of a case which had been prepared on behalf of Mr. Lockier Supplement Clare Burges, then undergoing a sentence of five years' penal servitude in Western to "Perth Australia for the manslaughter of an aboriginal native.

13 Sept.

Gazette" of

Mr. Holland further stated that he was also to annex a copy of the opinion of 1872. Mr. Sergeant Armstrong, Q.C., to whom the case had been submitted, with a newspaper Mosers. report of the trial, and a copy of a letter addressed to your Lordship on Mr. Burges's Stone & behalf by his counsel in the Colony, and

Parker,

That your Lordship had no reason to doubt the substantial accuracy of the state- 11 Oct. 1872. ments contained in the case and report, and requested that we would take the papers into our consideration and favour your Lordship with our opinion whether, assuming the facts as stated to be correct, the case was properly laid before the jury by the Chief Justice, and whether there would appear to be good ground for a pardon or for mitigation of the sentence passed on Mr. Burges.

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

Report

That we are of opinion that there was no misdirection on the part of the Judge, and that he cannot be fairly accused of not laying the case properly before the jury.

It does not appear to have been suggested by the prisoner or his counsel that the arrest of the black was made with any view or intention of bringing him before a magistrate, indeed the prisoner's counsel seems to have ridiculed any such notion, and to have put the purpose of the arrest to be the compelling the native to show where the saddle was. Looking, however, to all the circumstances and especially considering the punishment the prisoner has already undergone, we think the ends of justice will be satisfied by remitting the sentence after Mr. Burges has undergone a year's punish-

ment.

The Right Hon. Earl Kimberley,

&c.

&o

&c.

We have, &c. (Signed) J. D. COLERIDGE.

G. JESSEL.

O 16978,--666.

25.-5/86.

T

PUBLIC RECORD OFFICE

Reference :-

1 2 3

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TOPage 91

12643.

-

No. 791.

(JAMAICA.)

LAW OFFICERS to COLONIAL OFFICE. Dated December 28, 1872.

Missing.

2

3

PUBLIC RECORD OFFICE

Reference :-

2

C.O. 885

o 16378-899.

23.-5/86.