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Q-Who made the complaint? I want to know whether it was a European or an Indian.
A-A European.
Q-What Regulation did you proceed under in punishing this man with a flogging of six strokes on the 21st April?
A--I considered it an act of insubordination-repeated refusal to labour, and I whipped him under Rule 274.
Q-When you proceed under Rule 274 do you sometimes examine a prisoner and sometimes not examine him, or sometimes not take written evidence and sometimes take written evidence?
A-1 never take written evidence in any case which I dispose of, but I never award any punishment without duly examining the prisoner and the witnesses, and the rule uuder which the prisoner is whipped is always entered in the prisoner's record.
Q-After the flogging of the 21st April he was not put to work for four days?
A--He was excused labour for four days.
Q-On the 24th he was put to No. 3 labour?
A--That is industrial light labour.
Q-It is picking oakum ?
A-Picking oakum was the labour.
Q-He was kept on light labour until 4th May ?
A-Yes.
Q--After that he was put to-
A-No. 1 labour.
Q-But he refused to do that?
A-He did.
Q-When he refused did you consider your powers under Rule 274 were insuffici- ent to meet the case?
A-I did.
Q--Why?
A--He twice refused to labour.
Q-You thought it was a case requiring more than twelve strokes ?
A--I did.
Q--Who was the Justice of the Peace who assisted you at the second inquiry?
A Mr. D. E. Brown.
www.B
Q-Did any evidence transpire at that inquiry which does not appear in the copy you produce?
A-No.
Q--Was prisoner 528 an old offender?
A-No. His previous convictions were not traced. He was recognised as an old offender, and you see "0.0." on his record. I should give a man the benefit of the doubt who is only recognised as being an old offender, and the previous convictions are not traced against him.
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