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LONDON: PRINTED FOR HIS MAJESTY'S STATIONERY OFFICE, BY DARLING & SON, LTD., 34-40, BACON STREET, É,

1903.

SIR,

No. 137.

(BARBADOS.)

LAW OFFICERS to COLONIAL OFFICE.

[Trial of Robert Carter on a Charge of Murder.]

Royal Courts of Justice,

March 21, 1902. We were honoured with your commands signified to us by Mr. Lucas in his letter of the 14th instant, stating that with reference to our report of the 25th February, and to the letter from the Colonial Office of the 24th February, he was directed by you to transmit to us in original certain papera which had been sent home by the Governor of Barbados, relative to the trial of the American, Robert Carter, and his conviction for murder.

That Mr. Lucas was to invite our observations upon those papers generally, and was especially to enquire whether in our opinion the death sentence ought to be com muted on the ground that the murder was committed without premeditation, and with some provocation.

That execution of the sentence had been suspended till further instructions were received by the Governor.

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

Report-

That it appears to us there is not the slightest doubt that the prisoner in this case was legally guilty of murder, and we can see no ground for supposing that the trial was not properly conducted in every respect. We cannot see that the prisoner would have gained anything by postponement, and no postponement was applied for.

The case, however, does not appear to be one in which there was any premeditation, and if the trial had taken place in this country, we think in all probability it would have been considered a suitable case for commutation. It is no doubt against the prisoner that he pursued the deceased, and stabbed him four times, but the whole scene, which extends over some space in the depositions, probably passed with great rapidity. Upon the whole we think that the correct conclusion, in point of fact is, that the fatal wound was inflicted under the influence of a gust of passion, and that the case is one which would generally be regarded rather as one of manslaughter than as one of murder.

Under these circumstances we think that the sentence of death may be properly commuted to penal servitude.

We have, &c.,

R. B. FINLAY. EDWARD CARSON.

The Right Honourable Joseph Chamberlain, M.P.,

&c.,

&c.,

&c.

• No. 128A.

11510-25-4/1903 Ws

D & S

5

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