CO885-(15-16) — Page 436

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24054

No. 36.

(BRITISH GUIANA.)

LAW OFFICERS to COLONIAL OFFICE.

[Case of Eliza Jones, Convicted for Murder :whether in the circumstances stated there was ground for granting any remission of sentence.]

MY LORD,

Royal Courts of Justice,

July 2, 1906.

WE were honoured by your Lordship's commands signified to us by Mr. Lucas in his letter of the 12th May last stating that he was directed by you to transmit to us the following papers:-

(1.) A confidential despatch with enclosures, dated the 26th of February, from the Governor of British Guiana, reporting upon the circumstances connected with the conviction for murder of one Eliza Jones.

(2.) A letter from Mr. Rufus Isaacs, K.C., M.P., enclosing a statement received from the junior counsel who defended the prisoner.

(3.) Copy of a confidential despatch, dated the 29th of March, from Lord Elgin to the Governor.

(4.) A confidential despatch, dated the 10th of March, from the Governor, forwarding the report of Mr. Justice Hewick upon his enquiry into certain allega- tions and charges against the Inspector-General of Police (who is also Inspector of Prisons), and against the Superintendent of Georgetown Prison, with reference to their treatment of the prisoner. Eliza Jones, together with copies of correspond- ence connected with the same matter.

(5.) A confidential despatch, dated the 28th March, from the Governor, forward- ing copies of letters from the Inspector-General of Police, and from Mr. D. M. Hutson, K.C., who conducted the prosecution at the second trial, relating to the report of Mr. Justice Hewick upon the treatment of the prisoner by the former.

(6.) A confidential despatch, dated the 6th April, from the Governor enclosing copies of the two statements made by Eliza Jones in prison.

(4.) A confidential despatch, dated the 12th April, from the Governor, forward- ing copies of a report, with enclosures, from the Chief Justice of British Guiana,

on the subject of the complaint that material passages were suppressed in the proot of Frances Dean's evidence given to the defence.

That he was to request us to take these papers into our consideration, and to favour your Lordship with our opinion:-

(1.) Whether the conduct of Colonel Lushington (Inspector-General of Police and Superintendent of Prisons) which formed the subject of Mr. Justice Hewick's enquiry, was justifiable and proper under the circumstances?

(2.) Whether any blame attached to any and, if so, to what persons in respect

of the excision from the proof of Frances Dean's evidence of the passages specified in the Chief Justice's report before a copy of the proof was served on the defence? and

(3.) Whether, having regard to all the circumstances connected with the case, there was ground for granting any remission of sentence to Eliza Jones?

We were further honoured by Mr. Lucas's letter of the 14th ultimo, trans- mitting a letter from the Attorney-General of British Guiana to the officer adminis- tering the Government of that Colony.

We have taken the matter into our consideration, and in obedience to your Lordship's commands have the honour to

Report-

That while refraining from stating as a universal rule that no questions may be asked a prisoner in custody, we think that on the facts as found in the report of Mr. Justice Hewick the conduct of Colonel Lushington was in effect a threat to Eliza Jones to induce her to make a statement, and that such conduct was not justifiable and proper. There is, however, nothing before us to throw doubt on Colonel Lushington's statement that he intended to act in the interests of justice only. We observe that it is alleged that the fact that a statement had been made

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PUBLIC RECORD OFFICE

Reference :-

C.O.885

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