CO129-233 - Acting Governor Cameron - 1887 [6-8] — Page 181

+

10.

directed him not to hear evidence

the accused.

for

I will now state what tr

Nodehouse has done.

He committed the accused to

prison, that is, it must have appeared

to him that there

LVAR

believing

use for

probable cause that the accused had committed

the offence with which he

tvar

charged.

A V Node house in his letter to the

Colonial Secretory

states " that a prima forcie case was made out, to the extent "of the fact that witnesses swore "had

they

seen each of the prisoners taking "part in the burglary!

If the Magistrate had good reasons

the evidence,

he should

for disbelieving have discharged the accused, notwithstanding the direct statement made by these by these witnesses, for it could not be supposed, to use the words of all: Justice Russell, that he had stultified himself by __

Comm

the

mitting th

accused

to prison if

there

there was not a prima facie

against him.

Mr Nodehouse has

173

cael

no reason or

justification for comparing the action

the Government in this case with the

of

of

decision of the Governor in the cave Chang Chi, and I cubmit Mr Wodehouse is going entirely beyond his sphere and his duties in doing so.

Iam perfectly able to uphold the advice I gave the Government and to

show that the Governor in Conncil was - to hand over

quite justified in deciding

the accused, but, as I consider that it is a matter which does not in

any

way concern Mr. Wodehouse, I will, not deal with it here except to state that the reasons

in the case

!

given by M. Mackean of Chang Thi commended themselves to the Comeil, while Mr Wodehouses

are

quite inadmissible, I submit that the tone of the last

and

paragraph but one is not respectful