CO129-012 - Sir John Davis - 1845 [5-7] — Page 371

private vessel which had rendered assistance to Her brajesty's Ship Holf. His Excellency

arri

at the same time requested that officio criminal information might be filed against the Editor.

The matter was immediality referred to the Attorney General, who

gave.

the opinion herewith appended to the

(Rear Admiral's letter, that the article in

Reasons, however, were.

the Newspaper

was

OL

libel.

then urged

why it would be

more

desirable that the

prosecution should be on the part of hir " Thomas Cochrane himself, and not ex officio, and it was considèred at the time

"that the Recer Admiral has been perniased

te adopt

that course.

In the

me aw

while Fir Thomas

Cochrane proceeded in the Hag ship to Chusan, from whence he did not return

until

4.2.

A L

3.

534

until January. On the 24% of that month, : Preceives prom His Excellency inclosure ho: 2, in which he still strongly urged the filing

of the ex officio information, apparently not

that the Attorney

aware

General had

already commenced a prosecution on the Rear Admiral's own park

Enclosure No: 3 was accordingly

addressed by me to the Rear Admiral the 28th. hunuary, urging very strongly reasons why His Excellency shouts be satisfied with allowing the prosecution to

the

proceed in his

oww name. On the 35.

the same mouth, however, a very strong letter was peceived pomshir Thomas Cochrane requiring that the prosecution shouts be vx offices, on the ground that the attack had been made on his public official character, and that the interest of the service would suffer

were his demand.

arid

refused.