D
also that they were probably not on. board when the piracy
was committed
and that there is reason to doubt ht
wissurse of identity. If I were a pryman
I should not like to convict unléesttux
evidence were in some way explained
alc
"Article 21 of the Treaty
of the Treaty appears to
a for-
leave the Governor some room
Call
discretion at this stage. I do not thank it follows that because the Magistrate has lawfully committed the priemers usson a primia facc
therefore this hovernor must necessarily hand them over under the Treaty, uidler does it follow that because the evidence would not in the Governor's opinion
warrant
J
51
159
warrant a coinction therefore he shutt not hand themover. It seems to me that it is rather a question of- jindgirant-
upon the evidence which is stated to be all the endence obtainable) clutter
the guilt of the man is proved saspecully for the purpose of the treaty, and in this particular case whether such quilt can be said to be proved whites the piece of evidence, that _ I have referred to stands unexplanied
६
of
In a despatch of the beerthing State of Apeil !11. 1863, itt is laid down "that as a general rule reasonable. evidence ought to be accepted assaffiend,
such for exxcmple as somed lead a
"grand jury.
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