CO129-233 - Acting Governor Cameron - 1887 [6-8] — Page 178

" or probable, or even a con

t; in

any

on e

CAQES

conflicting case of guilt;

of which they should commit the accused to trial : If, however, from the slewder nature of the evidence, the unworthiness of the witresses, or the conclusive proof innocence produced on the part of the ace

accuced, they feel that the crise is not sustained, and that if they sent it

sent it for trial he must be acquitted, they should discharge

of

the accused.

the

And although 11×12 Vict. C.4.2 has not been extended to the Colony still the Magistrate could not have done wrong in guiding himself by

Section XX which enact : "Provided

nevertheless, that if afterwards, from want of sufficient evidence in that be half or other cause, the Justice or Juctices before whom such accused shall have been brought shall party not commit him or hold him to bail

" for

·

for

173

for the offence with which he is charged, it shall be lawful for on "Iristice to discharge him."

Before being

3.

such

committed to Gaol

the accused was entitled to the deliberate and independent judgement

was a

of the Magistrate as to whether there

prima facie against. him, the Magistrate was to investigat

the

Cave

case in the came manner av

accused

was

if the

charged with an indictable

offence committed in the Colony in which case the Magistrate should

commit the accused

only if a prima

facie case against him had been

proved,

or

there

LVAD

probable cause

for believing that the accused had

Committed the crime.

ch

acting

otherwise and in

rdeavouring to leave the decision of

the case to the Governor in Council Mer Wodehouse has been guilty of a very

grave erron

has.

of judgment, the horsigners

his