lespatch.
4.
The final decision of the Executive Council may be briefly stated as follows:-
(a) The Attorney-General considers that since the rebutting evidence and other circumstances have been considered, there is hardly even such a probable proof of guilt against the prisoners as would in England justify their committal for trial.
(b) On the other hand General Sargent considers that there is ample proof of their guilt.
(c) The judgment of myself and of the majority of the Council (four out of six) may best be described as equivalent to a verdict of "Not Proven" in a Scotch Court of Justice. We concur with the Magistrates who tried the case, saw the demeanour of the accused and of the witnesses, that there is a prima facie case against the prisoners; but we fail to see (in Your Lordship's phrase) "Proof of
16
lespatch.
4.
The final devision of the Executive Council may be briefly
stated as follows:-
i
(a) The Attorney-General considers.
that since the rebutting evidence- and other circumstances have
been considered, there is hardly even such a probable proof of quilt against the prisoners as would in England justify -- their committal for trial. (b.) On the other hand General ~
Sargent considers that there
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1347
is ample proof of their gurlt.
(e.) The judgment of myself and of the majarity of the Council (four out of six) may
+
best be.
described as equivalent to a
verdict of "Not Proven" in a
Scotch Court of Justice. We
concur with the Magistrates
who tried the
case, xsaw the m
demeanour of the accused and
of the witnesses, that there is a
firimia facie
ease
against the
prisoners; but we fail to see (in Your Lordship's phrase) "Proof
of
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