دا
372
to the learned Iudge's Report and most - anxiously considering the reasons given
out the sentence of death
for carrying by the majority of my
advisers, I cannot
under all the circumstances and in _
exercise of the duty
the independent that Her Majesty The Queen personally
· delegates
to the Governor do otherwise.
than
reprieve
the
prisoner
the capital sentence to
servitude for life.
13.
words on a
one
and alter
of penal
I feel bound to add a few collateral question. this
case shows the wisdom of the Chief Justice Sir John Smale's practice in
both
Attorney and Counsel
assigning
in this Colony to prisoner accused of
Murder. The native prisoner Knows
nothing of the procedure of. The Judge, the Qury and as a
our Courts.
general
--
rule the Counsel Know nothing of the language of the prisoner or of the witnesses. The prisoner in this instance, being brought to the Court. was there and then asked through Interpreter by the learned Counsel assigned to him, what was his A few hurried words were.
whilst the Counsel.
was
an
case.
whispered,
putting
on
his
gown, ablest Counsel in the world could not have made a real defence
and then the trial proceeded. The
or elicited all
the material facts from the witnesses under such circumstances. And yet
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