CO885-(15-16) — Page 184

9927.

PUBLIC RECORD OFFICE

Reference :-

TPEPEC.O. 885

15 PUBLIC RECORD OFFICE, LONDON

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

3. The Commission, and Dormant Commission may, we think, be revoked by a new Commission under the Royal Sign Manual and Signet.

&c.,

&c.

No. 132.

(NORTHERN NIGERIA,)

LAW OFFICERS TO COLONIAL OFFICE.. [Proposed Trial of Mr. C. F. Cornwall for Manslaughter.]

- Royal Courts of Justice,

March 11, 1902:

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

SIR,

H.C., Conf., 28 Dec., 1901,

The Right Honourable Joseph Chamberlain, M.P.,

&c.,

{The following were the only clauses altered by the Law Officers.]

DRAFT LETTERS PATENT.

And whereas by the Commonwealth of Australia Constitution Act, 1900, it is provided that the Parliament of the Commonwealth of Australia may make laws for the Government of any territory placed by Us under the authority of and accepted by the Parliament Commonwealth:

•

*

And whereas We are minded to place Our possession of British New Guinea as defined and delimited in the aforesaid Letters Patent of the 8th day of June, 1888, under the authority of the Parliament of the Commonwealth of Australia :

Now therefore We do by these Our Letters l'atent under the Great Seal of Qur United Kingdom of Great Britain and Ireland ordain and declare as follows:-

1. We do hereby place Our possession of British_New Guinea under the authority of the Commonwealth of Australia.

[Clauses 1, 2, and 3 were altered to 2, 3, and 4, respectively.]

DRAFT ORDER IN COUNCIL.

R. B. F. E. C.

And whereas by the Commonwealth of Australia Constitution Act, 1900, it is provided that the Parliament of the Commonwealth of Australia may make laws for the government of any territory placed by His Majesty the King under the authority of and accepted by the Parliament Communicealth:

And whereas His Majesty has this day been pleased by and with the advice of His Privy Council to direct that Letters Patent be passed under the Great Seal of the United Kingdom to make provision for placing British New Guinea under the authority of the Commonwealth of Australia and for the revocation of certain Letters Patent and Instruc- tions of Her late Majesty Queen Victoria relating to British New Guinea and for such other purposes as in the said Letters Patent will be are more fully described:

&c.,

&c.,

&c.,

&c.

R. B. F. E. C.

To H.C., Tel., 14 Feb., 1902.

H.C., Tel., 17 Feb., 1902,

WE were honoured with your commands signified to us by Mr. Antrobus in his letter of the 22nd ultimo, stating that you had directed him to lay before us certain papers relating to the case of a charge brought against Mr. C. F. Cornwall, Master of the Niger Company's Steamship "Aberdare," for an offence committed in the Protectorate of Northern Nigeria.

That it would be seen that certain natives were thrown overboard by the Master's orders, and that one of them who was unable to swim was in consequence drowned; that three natives who threw overboard the man who was drowned were charged with throwing three men into the river, and thereby causing the death of Osdu, and, having pleaded guilty, were sentenced respectively to two months' imprisonment with hard labour; whereas Captain Cornwall, who was charged with being the principal in the offence of committing a rash act, causing the death of the same native, was sentenced to be fined the sum of £ only.

That it appeared to you that a grave miscarriage of justice had taken place in the case, and that you were anxious if possible that, notwithstanding the proceedings already taken, Captain Cornwall should be put on his trial for murdler or manslaughter, but that you apprehended that it was possible that if so tried Captain Cornwall might successfully raise the plea of autrefois conviet.

That it would be seen from the copies of telegrams which had passed between the Colonial Office and the High Commissioner for Northern Nigeria that the charge against Captain Cornwall upon which he was convicted was not framed under any Proclamation passed in Northern Nigeria, but by section 34 of the Protectorate Courts Proclamation No. 4, of 1900, it was provided that, subject to the terms of that or any other Proclamation made for the Protectorate, the Common Law, the Doctrines of Equity, and the Statutes of general application which were in force in England on the 1st January, 1900, should, so far as was applicable, be in force in the Protectorate.

That you had some doubt whether, in the absence of any Proclamation creating the offence of committing a rash act causing death, the charge against Captain Cornwall must not be taken to have amounted to a charge of manslaughter, and, if this were so, you presumed that it would be impossible to put Captain Cornwall on his trial either for murder or manslaughter, having regard to the conviction under this charge; but if there was still any possibility of securing a conviction for murder or manslaughter you were of pinion that he ought to be charged afresh, and, if convicted, be left to take such steps us he might be able to take to quash the conviction.

That Mr. Antrobus was to request us to take these matters into our consideration, and to advise-

(1) Whether there was sufficient doubt as to whether Captain Cornwall could successfully raise the plea of autrefois convict to justify further proceedings being taken against him?

(2) Whether, if such further proceedings could be commenced, Captain Cornwall should be put on his trial for murder or manslaughter, or for any other, and, if

uffence ?

(3) What course should be adopted with respect to Captain Cornwall? (4) Generally.

80,

what

We have taken the matters submitted to us into our consideration, and, in obedience to your commands, have the honour to

Report-

(1) No; there is no suggestion that the Court was not properly constituted or had not jurisdiction to try the charge, and, as on any further trial the facts relied upon would

be the same as those proved on the previous trial, we think the plea of autrefois convict would be a complete answer.

11295-25-3/1902 Wt 352 D & 8 G

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