THE CASE OF THE REV. GEORGE BROWN.

New Zealand Herald, Volume XVI, Issue 5632, 4 December 1879, Page 5

THE CASE OF THE REV. GEORGE BROWN.

By the arriv.il of t'-e schooner Ovalau from Fiji wc are placed in possession of Fiji files to the 15th ult., acd from which we learn that the charge of manslaughter ngainst the Kev. George Brown has been dismissed, the Attorney General throwii g up the case an 1 withdrawing from the prosecution. From private advic s we 1- arn that when Mr. Brown arrived at Levuka Chief Justice Gorrie was away on a trip to the Windward Islands. In company with his brother clergymen, the Revs. Chapman and Clark, Mr. Brown paid a visic to i.'overnnicnt Hous-», and was the guest of Sir Arthur Gord m. Subsequently tho clergyman paid a visit to Ban, returning to Levnka on the same day as the Chi-f-Justice. On the following Monday Mr. Brown received a summons, directing him to appear before the High Commissioners' Court, to answer to a charge of manslaughter, in that he did, 011 or about the ninth of April, in last year, kill and slay certain natives of New Britain. The Governor was very angry when he heard of it, and said he would try the case himself. The Chief-Justice also claimed that right, and it is said something like a quarrel ensued between these august personages. Subsequently Sir Arthur Gordon summoned Mr. Brown to Nasova, to appear before him, when he held a sort of court, and read a minute to Mr. Brown, in which he stated that he was unable to carry out the instructions of the Secretary of State in respect to this inquiry, owing to Mr. Gorrie's action. That he had carefully perused the reports furbished by H.M. s. Beagle, Sandfly, and German warship Ariadne, as well as the report of Captain Purvey, of H.M. s. Danae, anil a miss of depositions recently taken at New Britain, and had come to the conclusion that there was 110 evidence on which to base ciiminal proceedings. On the 13th ult. Mr. Brown appeared before the High Commissioner's Court, to answer to the charge preferred. The Attorney-General having withdrawn from the prosecution, there was no prosecutor ; Mr. P. S. Soloman and Mr. J. S. Hobday appeared for the accuseJ, when the Judicial Commissioner said : Mr. Brown, —You are aware that these proceedings were originally commenced on the receipt of your own letter, which I received as Acting High Commissioner, narrating the events which had taken place in New Britain. No summons was actually issued, as it was hoped tbat either the investigation would tjke place in New Britain or that you would come to Levuka. On your arrival recently, the summons was accordingly issued, and you are here to-day to answer it but in the mean tim®, for much delay has necessarily taken place, a full enquiry into the circumstances of the affair in New Britain has been made by a competent naval officer under the authority of the Commodore, and the result of that inquiry has been, since your arrival in Levuka, received by the High Commissioner. No inquisy by a naval officer can, of course, be taken as a legal investigation where an offeuce has been committed by a British subject within the jurisdiction of the Order in Council, but such inquiries are most useful in supplying the High Commissioner with information, and to enable him to determine whether acts done in the Western Pacific ought or ought not to be regarded as offences, and to be prosecuted as such in the public interest. I have received from the High Commissioner communication of the documents supplied by the Commodore, with an expression of his Excellency's opinion as to whether you ought to be prosecuted for an offence under the Order ia Council or not, and that opinion is that yours is not such a case as ought to be so prosecnted. The High Commissioner, as you are aware, has not merely executive authority, with power to authorise counsel to prosecute for the public interest, but he is by the constitution of the High Commissioner's Court, the head of that Court, to whose opinion as to the propriety of the institution of proceedings, other Judges of that Court are bound to give that re i; ect and deference to which it is so well entitled. I, there fore, in these circumstances, do not propose to proceed further with this matter ; indeed, there is, in point of fact, no prosecutor. The Attorney-General was here asked if it was not so, and he replied, "Yes." You are, accordingly, free to depart. The proceedings being thus quashed, Mr. Brown proceeded 00 board the John Wcßley, which failed for the Duke of York Island on the 14th ult. Mr. Brown was warmly congratulated on the result of the legal Jia-tco, and a movement was set on foot to present him with an address, but the rev. gentleman discouraged and stopped the proceedings.