THE CASE OF THE REV. GEORGE BROWN.

New Zealand Herald, Volume XVI, Issue 5635, 8 December 1879, Page 3

THE CASE OF THE REV. GEORGE BROWN.

I>V tSe arrival of the schooner Ovalau from Fiji we are placed in possession of Fiji files to tie loth JNov., acd from -which we learn that the charge of manslaughter againct ttie Eev. George iirov/n has been dismissed, the Attorney-General throwing up the case and withdrawing from the prosecution. From private advic-s we learn tbat when Mr. Browa 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, Air. Brown paid a visit to '.'overnmeiit Hoi.i , and was the guest of Sir Arthur Goul ii. Subsequently the clergyman paid a vifcit to Bau, returning to Levuka on the satce day as the Chief-Justice. On the following Monday Mr. Brown received a summon?, directing him to appear before the Biyh Commissioners' Court, to answer tn a charge of manslaughter, in that he rlid, on or about the ninth of April, in last year, kill and Hlay certain natives of Mew Britain. The Governor was very angry when he heard of it, and eaid he would try the ca<e liiinself. The Chief-Justice also claimed that right, and it is eaid 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. Bi-.iwd, in which io stated that he waa unable to carry out the instructions of the Secretary of State in respect to this inquiry, owing to Mr. Gurrie's » action. That he had carefully perused the gPorts furtishtd by 11. U. s. Beagle, ivel* tty ' German warship Ariatlnc, as H.M.t 2* re P° rt of Captain Purvey of recently tss? ac, a mass °f depoditioni to the conclusion «f T H. ritain, and ? OmC on which to Wo ■ - tht , re wa3 "° '™ eliei November 13 Mr Bγ^ 1 P'oceedinfa. 0.. High Commissioner's C Qa ? Peare befor " the charge preferred, rhl Att™'"? to having withdrawn £" ' there was no prosecutor • M r p « « , "• and Mr. J. S. Hob.Uy appeal aacused, when the Judicial Commission, said : Mr. Brown, —You are aware tli. t these proceedings were originally eunmenced on the receipt of your owu letter, which I received as Acting High Commissioner narrating the events which hail tak u in Nt-w Britain. No summons was actually issued, as it was hoped that either the investigation would take place in New Britain

or that you would come to Levuka. On your arrival recently, the summons was accordingly issued, and you aro here to-day to auswer it but in t">e moan tim , for much d-iy has nre.ss.ir.iy t.k<-n plu'e, a f.ill enquiry info tin; circumstances of l'.\- affair in ><W Britain !ms been madi- !•>• i competent naval ollici-r mi er t'.o au -1...Y : y ~f theComm,.dore, and tors il-. . : i!i t inquiry has be'-n, siuee your arrival \n L. villi i, received by tim High Cornmissiornr. No inquiry by a naval otliccr can, of course, l>3 taken us a legal inveatigatiou whi re .in olFcnce has b"cn 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 a3 offences, and to be prosecuted as such in the public interest. I have received from the High Commissioner communication ot 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 tho Order in Council or not, and that opinion is that yours is not such a case as ought to be so prosecuted. The Commissioner, as you are aware, has not merely executive authority, with power to authorise counsel to prosecute for the pubic iutcrest, but he ia by the constitution of the High Commissioner's Court, the h'-ad 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 reapict and deference to which it is 30 well entitled. I, thire fore, in tluse circumstances, do not propose to proceed further with this matter ; indoe.l, thee is, in point of fact, no prose cutor. The At'orney-Gcneral was here a-kcil if it was not so, and he replied, *- Yes." You are, accordingly, free to depart. The proceedings being tbus quashed, Mr. lirown proceeded on board the John \Ve3ley, which Kiil.-d for the Duke nf York Island on the 14th N<iv. Mr was warmly congratulated ou the result of tho legal fiasr.o, and a movement was set on foot to present him with an address, but tho rev. gentleman discouraged and stopped the proceedings.