CO129-137 - Sir MacDonnell - 1869 [4-5] — Page 37

Sir Roger

Capt; Superintendent drame in his official report stated that of prisoners accused of murder had been acquitted on a point of law raised by their Counsel that the word of caution had it been worded by the policeman when taking the statement of the prisoners.

sport

Sir R Macdonnell thought it proper to refer the portion to the Chief Justice giving him an opportunity of explaining, & the

the report was, as usual, rather

wording of

pungent.

hi minuti

par

But the Chief Justice shown by his letter to the Gov. Secretary of 24 February that he did not then object to this reference which Subsequently in a letter of 10 March the Gov. Secretary was informed it rested entirely with himself to give

M

the subject.

to withheld information

And finally the Gov. Secretary in his letter of 17 March complained of the comments passed upon him by the former in his minute, after stating that he had intended to give his reasons for rejecting this evidence he adds that "on mature consideration "I feel I should compromise my office if I submitted the

to his Excellency after his censure ground

"

It is an attack upon the fairness of the Judge is wholly beside the question, but I think he was within his right in responding to the minute

the Govt. with his reason for rejecting

to permit the four

the Evidence –

So far

Chief Justice

a mature

judge

have them

there properly I take the wrong in rejecting the evidence, but there

was wrong

is no account of what passed at the trial; and I may

an ad.

Assume that the question whether an

MINUTE PAPER.

Judge is often an

and hand to receive in Evidence or consider alle nicety

as I should

rejected

for reasons | the numerous decisions in the Law reports upon

the point-

to dispel an peria

(B)

red for

M

& Lord

Acting, state that it appears fromville that the Chief Justice was, as is indeed admitted (the letter of the 10th March), justified if he thought fit, in declining to state the reasons for a decision given in Court. But that under the circumstances of the case,

the Governor

considering

that

it was subsequently explained to him that the information

was sought for the purpose of regulating the future conduct of the police which is wide enough to think that the Chief Justice might fairly have stated if compromising the dignity of the Bench have

the question -

stated his crew upon

I do not

I would add

N.B.

29.5.68

I think that it

not at all

sum & 2ndly. 45 super that the four minute of 6 April 1867 should have been communicated to the Chief Justice. Nothing appears to read the concluding parts of my minute Memorandum Kan.

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