CO129-021 - Sir John Davis - 1847 [9-12] — Page 307

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301

3.

Mason Caine decided that

and sound charges

the first and

with this Despatch

were

Wont & bathan Minutes

in

detail

are

forwarded

my

both proved, and the third fully

disproved...

Major-General, D'Aguilar of opinion that the first charges was not proved, the second disproved, and the third altogether ground left.

My

decision

was that

the first charge has been proved, the second partially proved, and the third disproved.!

the

The Resolution f Cormail, on a comparison of these several opinions was, that

of

wv-ad

quilty

"The Chief Justice.

the first charge; _ that the second Charge had been proved; – and that the

third charge.

-

no t

was disproved " the

own

It will appear

addition.

that

of the word

the

"partially" to "proved", with reference, to the second charge, gave balance in the Judge't favor,

And as it occasioned the

azquittal

ου

that charge I

ought not to regret it_

Your Lordships will

perceive from the minutes that thee of the Council, out

four,

of

came to the conclusion

that your clear and unequivoca order must be obeyed, namely,

immediately to suspend

"

Judge,

the

even though the habit should not be proved, if adequate.

proof should be

OL

Any

occation.

given

that

th

Jurge

!