CO129-137 - Sir MacDonnell - 1869 [4-5] — Page 40

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed
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385

I am quite satisfied from the way in which the Acting Attorney General (Mr Ball) conducted the Case that he felt he ought not to succeed in putting in the evidence of the confession obtained by (exhorted) as they had been by the Police. I therefore in four different Letters addressed to you on the 9th, 14th and 24th of February last and the 18th of March last strenuously but ineffectually urged His Excellency to procure from Mr Ball a report of the trial before he went to England!

I did this in order that His Excellency might have such a reliable account of what had taken place as would, I felt sure, have induced him to withdraw his severe censure on me. With this view I even asked that Mr Hayllar who defended the prisoners might be referred to.

I had intended to have entered into a full statement of the various grounds on which I had rejected the evidence of the confessions but on mature consideration I feel that I should compromise my office if I submitted the grounds to His Excellency after his condemnation.

My decisions are subject to review and reversal by a judicial tribunal; but I am not aware that any ... authority to review and pass

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385 I am quite satisfied from the way in which the Acting Attorney General (Mr Ball) conducted the Case that he felt he ought not to succeed in putting in the evidence of the confession obtained by (exhorted) as they had been by the Police. I therefore in four different Letters addressed to you on the 9th, 14th and 24th of February last and the 18th of March last strenuously but ineffectually urged His Excellency to procure from Mr Ball a report of the trial before he went to England! I did this in order that His Excellency might have such a reliable account of what had taken place as would, I felt sure, have induced him to withdraw his severe censure on me. With this view I even asked that Mr Hayllar who defended the prisoners might be referred to. I had intended to have entered into a full statement of the various grounds on which I had rejected the evidence of the confessions but on mature consideration I feel that I should compromise my office if I submitted the grounds to His Excellency after his condemnation. My decisions are subject to review and reversal by a judicial tribunal; but I am not aware that any ... authority to review and pass
Baseline (Original)
385 am Me by Greaves (ed 1565) p 40b note (V) quite satisfied from the way in which the Acting Attomey General BBall) Conducted the Case that he felt he ought not to succeed in putting in the evidence of the confefsion obtained by (exhorted) as they had been bug the Police. I therefore in four diferent Letters 9th adcreped to you on the off the 14 and the 244 of February last and the 18th of March last strenuously but ineffectually inged His Excellency to procure from M2 Ball a report of the trial before he went to England! I did this in order that His Excellency might have such a reliable account of what had tatten place as would, I felt C sure, have induced him to withdraw With this his severe censure on me. view Ieven asked that M Hayllar who defended the prisoners might be referred to Thad intended to have entered. into a full statement of the various an which I had rejected the groundo wvidence of the Anfesions but on mature considerations I feel that I should Compromise my office if I submitted- the grounds to His Excellency after his condue. May decisions are bubject to review and reversal by a fiudicial tribunal; but I am not aware that any authority to review and pas
2026-05-20 03:24:06 · Baseline
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385

am

Me by Greaves (ed 1565) p 40b note (V) quite satisfied from the way in which the Acting Attomey General BBall) Conducted the Case that he felt he ought not to succeed in putting in the evidence of the confefsion obtained

by (exhorted) as they had been bug the Police. I therefore in four diferent Letters

9th adcreped to you on the off the 14 and the 244 of February last and the 18th of March last strenuously but ineffectually inged His Excellency to procure from M2 Ball a report of the trial before he went to England!

I did this in order that His Excellency might have such a reliable account of what had tatten place as would, I felt

C

sure, have induced him to withdraw With this

his severe censure on me. view Ieven asked that M Hayllar

who defended the prisoners might be

referred to

Thad intended to have entered. into a full statement of the various

an which I had rejected the

groundo

wvidence of the Anfesions

but on mature

considerations I feel that I should

Compromise

my office if I submitted- the grounds to His Excellency after his

condue.

May

decisions are

bubject to review and reversal by a fiudicial tribunal; but I am not aware that

any

authority to review and pas

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