Lord Kimberley is disposed to think that in the justice of the case might have been satisfied with a lighter sentence than that inflicted. It appears to Sir Charles Trevelyan that he has humbly placed himself in the statements as to his character made on behalf of the Prisoner, and that he has grounds to hope that the case may be reviewed and the sentence reduced by one half.
That Lord Kimberley perceives that there was no intention on the part of the Executive to imply any reflection on the valuable Public Officer, and that in his opinion, Mr. Russell should have frankly accepted the disclaimer made by him. And that this twisting in method to sanction the unusual course of publishing in the Gazette a letter from an subordinate official reflecting on the procedure of the late Governor, and that he fails to see that the judgment passed by Mr. Russell is one which can properly be held by the case in question.
Should also transmit a copy of the War Office letter, and point out to the Lt. Governor that he appears to have been somewhat hasty in accepting without further examination the statements contained in the petition, and that in all cases of petition, before remitting sentences he should consult the Judge, and give him an opportunity of offering his observations.
When this is done it will be his duty to state the facts bearing on the case and his own judgment, and then act as the interests of justice require.
MINUTE PAPER.
413
RM9/11
Public Works Department appears to require.
Page 413
Mr. Russell has a right to question the Governor's power to pardon.
At least we do not arise from the desire to remit the sentence.
GR1178/1922/32(III)
KR Nov 11/71
E
is
Lord Kimberley in dispond to think that i the justice of the case möghs have been setifend Heiligtten sentime than that inflited. That it affears Stattr Ramell himmly placed endeme in
the statements as
I character made
on behalf of the Primmer,
have
grounds he ropeand the case & reduced the fentemo by
ehalf.
That Lad
Kimberly perceives that there was no intention on the part of.
ceusme
the Wecutive
afrom.
an
Efficienss
to imply any & Valuable Pathe Officer, and that in his opinion, Mr Zarrell should have pankly accepted the disclaimer made thimen and that this twisting in meth to sanction the unurnal course
letter from of publiting in the fagette
on the amordinate official reflecting comme procedime of the It foemer, and that the fails thee that the fundent gurtect by Mr Russell in one which can properly be held byrom the case in pomuld
Should also transmits acopy of the War office lettre, and point out & the Lt. Joo!
that he affear. There
heen somentet harty in accepting withat further examination the
MINUTE PAPER.
413
statements contained in Zysi
and that in all cases
petition,
before remitting sentences he should consult the Judg
committery
Sagutate, and give him
ar
opportunity of offering his Therations. When the is this plane in poffin
to
fall the facts bearing in will of
cane
duty to steraie
and judgment
cown
hie
C
the
be his
Duentins
and then, aut
ندیر
as the intents of Julie Loft
the
thin t
RM 9/11
Puthie Kasaz affean
reguire.
Jagen.
hano
write accordingly
in this minute (me Russell
Λ
right to questione
the governor's power to
pardine
Least we den and
but the
Lis
CA
The exercise
restave
puiover for cloning
न
Genewer curtairely erred.
ulting
we not aris
desi dut
me Russell
to remit
ме вери
the sentence
K Now 11/71
No comments yet.
Private notes are available after approval.