CO129-181 - Governor Hennessy - 1878 [1-8] — Page 322

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reasonable doubt the allegations of the prisoner think there has been a quarrel arising from jealousy, that he had been struck first and with a violent flow on the weak, and that the injuries be then inflicted were given in the frenzy of passion and when parkly stunned. At both meetings I quoted the strongly excreped opinion of the chief Justice Sir Johnle that, in this Colony, it was absolutely necepary for the elucislation of truthe

for the Court to apign an Attorney

as well as

of

Counsel

for

the defence

prisoners in Capital Cases.

4

319

Believing the evidence to be

points

imperfect, and in material unreliable, and acting on my own deliberate judgment, I accordingly extended the clemency of the Grown to the prisoner

5.

In the more formal minute

the records

I have entered on th

F

the

Council (and a copy of which is enclosed herewith ). I was able to refer to statements of two Officials, the Colonial Surgeon and the Inspector Police, which tend to confirm the prisoner's allegations, but which statements had not been brought to the notice of the Court and the Jury

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