CO129-239 - Governor Des Voeus Acting Governor Stewart - 1888 [9-12] — Page 427

the

majority of the Council, that boy might have had _ opportunities of seeing

the

prisoners while in the dock,

which would have materially

diminished the value

of the

Sevidence of identification.

This fact, and the

further one

that there was no evidence

as to the particular person

who

fired

(7

the

fatal

tal shot,

the crime

of

: thus reducing : the prisoners to constructive

murder

only),

were the

circumstances

Enclosure 1.

1st Dee, 1888. Enclosure 2

423

eircumstances which influenced

the

majority to advise in

favour of

commutation.

2. I enclose Mr. Justice

Leach's letter with his notes the evidence, an extract-

5.of.

8. from the

26th 110v 1888. Enclosure 3. 7th Deer, 1888. Enclosure H. 27th floor, 1888,

the proceedings of the Executive Council, and the

newspaper report of the oase. I have the honour to be,

My Lord;

Your Lontship's Most Bodient

Humble Servant,

Erederick Newark

Administering the Government.