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

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whether

the larger question of (granting that the evidence

wmakes out

a probable cause

for believing that the persons-

have committed the crime charged.)

it establishes such a clear and

cogent

case of guilt as to eatiepy his mind that the men

are

ند

actually guilty.

10. So far as I can see, it

only upon one or other

or other of

these definite isaves that

The Governor is to

his discretion:

exercice

(1) Is there upon the evidence "probable cause for believing that the prisoners have committed the crime charged"; or

(2) do the evidence such as

to satisfy the Governor's mind

that the prisoners

are.

guilty!

By law the Governor is

free to hand over any person

committed

.com

by

the

Magistrate

ou the ground that there is

probable cau for believing

that he has committed the

may

crive. By the Treaty he apparently require that before handing over any person his quilt shall be establishet by

such evidence as would

warrant a conviction in

Courts.

Muder the circumstances

I think the Excentive Council

(2)

might