CO129-216 - Governor Sir Bowen - 1884 [5-6] — Page 136

18

咖

14

135

5.

of quilt such as, on the whole, to

satisfy

our minds.

I would further

request particular attention to the following remarks of the Attorney- General in the Memorandum annexed to this despatch (Enclosure 2. Paragraphs 11 and 12).

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"It is impossible to prevent

"one's judgment upon the bearing of "evidence from being affected by a sense of the responsibility that - attaches to a decision upon

that

il

"evidence. In theory, the proof n " required

" required to convict a man of a

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a

larceny is of the same kind as __ that required to convict him of

"[

a

capital offence; but, in practice, " doubts which do not prevent a jury from convisting in one vas "do prevent them from convicting

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in the other

"

case.

When

a

Magistrate is considering whether there is such a probable

ease as

to warrant him in committing a

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man

کم کی

#1

for trial by an English

Court of Justice, he judges of the

evidence, and decides, Knowing

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that