CO129-039 - Sir Bonham - 1852 [1-12] — Page 106

20.

if he had been overboard – his

clothes

were wet - I did not hear

the Mate overboard

Lay

-

that he had been

Defence.

Prisoners make no Statement, but simply ask "where is the proof of their quilt".

Verdiet as against Bonay + Bapa Seedeen.

Guilty-

as against Badite, Camis "alias" Minesarah, Amut and Seedin Not Guilty-

Sentence of death recorded against Borray and Bapa Seedeen-

(Signed) Shu Walter Hulme,

John

Chief Justice.

(True Copy) Kamme

Colonial Secretary-

in 3288/2.

"Houghong Register." #7 of 17 February, 185393

OUR Criminal Sessions commenced yesterday, the 16th instant-We give a list of the cases for trial. We were happy to observe that there was a con- siderable improvement in the method of conduct- ing business. The jury were first called into the box, and the indictment read to them in an audi- ble manner. On calling the names of the jury, there was a fearful gap made in the panel, by sick certificates, absence, non-residence, and disqua- lification, which fully bears us out in our demand that the next jury list shall only contain the names of those who really are liable and fit to serve as jurors.

The last case was taken first, to accommodate parties. A full report of it will be found ap- pended. There is nothing to remark on it, ex- cept that the murder was clearly brought home to the two prisoners found guilty. The judge in ordering sentence of death to be recorded, made the following observations-I would have no he- sitation in condemning you to death, but on a late occasion when I condemned certain criminals to death who were found guilty of wholesale murder and piracy, their lives were spared, and I cannot in justice pass any other sentence upon you, than that I now do.'

We are, and always have been, opposed to the punishment of death, but we never have shirked, and never will shirk, our duty as jurymen, in re- turning a verdict of "guilty" in cases where this punishment is deserved, as we are of opinion that, so long as it remains on the statute book to mark the laws abhorrence of the most atrocious crime, so long ought it to be carried out, and we know no crime more atrocious than murder and piracy; and at the present moment, when we have before us the accounts of the most fearful acts of ruffianly vio- lence perpetrated on insuspicious men and help- less women and children, it is not expecting too much to ask that the utmost penalty of the law shall be inflicted on these relentless scoun- drels. At present, however, it appears that the punishment of death is a dead letter as long as the present Governor and Judge remain in the Colony, and we cannot help saying that we regret Sir George Bonham has laid himself open to this dignified rebuke of the Lord Chief Justice. It re- mains for the Governor to make such explanations to the Judge, as will enable him conscientiously to visit the highest guilt with the highest penalty.

We learn that some people are dissatisfied with the Judge's conduct in this matter, and think that his duty was to have condemned the men, and al- lowed the onus of pardon to lie on the Governor. As far as we understand such proceedings, we bc- lieve that the custom in England is to mitigate the sentence when any extenuating circumstances can be shewn after the trial, and that in all cases the petition to that effect, must have the recommenda- tion of the trying Judge. From what His Lord- ship said it was evident that no extenuating cir cumstances had turned up, and that no petition for mercy had received his sanction in the case to which he referred that in fact the pardon was a piece of uncalled-for philanthropy on the part of the Governor. Under the circumstances, we hold that His Lordship was perfectly justified in the course he pursued.

JI