A.—lA

4

In the report in the Lyttelton Times, also submitted to His Excellency as containing a fuller account of the proceedings, and initialled by Mr. Justice Johnston as " substantially correct," the question is given as follows: " His Honor (to prisoner) : Mr. Shand is prepared to tell what you said when he asked you for what cause you were there. I have some doubt whether it is proper, according to law, for him to tell that, but if you wish it should be told, I will allow Mr. Shand to repeat your statements. You need not make any answer unless you please." In the same report the question subsequently addressed to the Crown Prosecutor is thus given.: " His Honor (to Mr. Duncan) :Do you wish the statement to be received ? Mr. Duncan : Tes. His Honor : You take the responsibility? Mr. Duncan: Tes." The Governor has read with satisfaction Mr. Justice Johnston's explanations of these questions. Prom the Judge's notes of the trial, and the accompanying newspaper report initialled by the Judge, His Excellency had certainly not perceived the question put to the prisoner to be, as now explained, one asking him whether he wished to have put in as evidence for his defence evidence which the counsel for the Crown desired to adduce in support of the prosecution, but as to the admissibility of which, when so preferred, some doubts existed; or that the subsequent dialogue with the Crown Prosecutor was not to be understood as indicating that Mr. Duncan "took the responsibility" of the reception of the evidence—which is certainly the apparent meaning of the words—but merely that of tendering it. Government House, Wellington, Sth September, 1881. Aethub Gtoedon.

Authority : Geoboke Didsbtjet, Gorernment Printer, "Wellington.—lBBl.