H.—l9.

11. In this paragraph is contained an allegation that at the proceedings before Sir J. Prendergast I lent my co-operation and influence on the side of the convict Gasparini. Upon reflection, and after the fullest consideration of the several allegations contained in the letter, I concluded it to be unwise to allow their refutation to rest upon any unsupported testimony or contradiction of my own. I therefore adopted this plan : I decided to write to the person most familiar with, and therefore best qualified to express an opinion upon, the circumstances surrounding the supposed act upon which a specific allegation is based by the French Consul. Here it is alleged that at the extradition proceedings I lent my co-operation and influence on the side of the convict Gasparini. I deemed His Excellency the Deputy-Governor, Sir James Prendergast, to be the person best qualified to speak firmly and with authority upon that point. I accordingly wrote to him, and he was good enough to send me a reply. (Enclosure No. 1.) Again, the paragraph contains the statement that on the same day, and during the same proceedings, I " put myself in communication with the said convict by means of the interpreter Robert- " sou." Mr. Robertson I concluded to be the person best qualified to decide the question as fo the correctness or incorrectness of that statement. I wrote to Mr. Robertson, and he kindly sent a prompt reply. (Enclosure No. 2.) As to the use of the words " I will see to it," the use of those or similar words is admitted; but I call attention to the circumstance that the French Consul's letter omits all reference to the prisoner's appeal, to which the words formed a very natural response. The notes made at the-time by the newspaper reporters present at the proceedings were these : — Evening Post, 21st July, 1888.—" Accused asked to be informed as to how he could move for a " habeas corpus. The Hon. G. Fisher (Italian Consul) said he would see that that matter was " attended to." Evening Press, 21st July, 1888.—"The prisoner asked what was the mode of procedure in " moving the Supreme Court. Mr. Fisher (Italian Consul) said he would see to that for the prisoner." New Zealand Times, 23rd July, 1888.—"The prisoner wished to know how he could move for a " habeas corpus. Mr. Fisher said he would attend to that matter." 12. The direct allegation here is that there would have been no appeal to the Supreme Court, and the decision of His Excellency the Deputy-Governor for extradition would have been final, had not the Minister of Education (1) opened and circulated a subscription-list, with the object of (2) engaging the services of a well-known lawyer for Gasparini's defence. As to the first of these two statements, it appeared to me that the person most capable of affirming its accuracy or otherwise would be the person who opened the subscription-list. I accordingly asked Mr. N. Fernaudos by letter if he would be good enough to put into writing what he knew of the matter; and he also, without hesitation, kindly sent me a reply. (Enclosure No. 3.) In regard to the second statement in this paragraph, that I engaged the services of a wellknown lawyer, I could think of none more likely to be able to say who engaged the well-known lawyer than the well-known lawyer himself. Mr. Jellicoe accordingly was the next person I wrote to ; and, with his customary courtesy, he forwarded a reply, which needs no preliminary explanation. (Enclosure No. 4.) 13 and 14. These paragraphs contain merely gratuitous assertions of opinion. I have already shown that there was no intervention on my part other than the performance of my duty as Consular Agent, and that if there was a movement of sympathy with the two convicts, as stated by the French Consul, it was certainly not due to any action of mine, either as respects the public or Detective Walker. 15. This paragraph should bo reprinted entire. It is as follows : — " As a matter of fact, the Hon. the Minister of Education appeared at the wharf at 2.45 on " the 11th August, at the time of Gasparini's embarkation. He was attended by his private secre- " tary, his lawyer, and his interpreter, and had a conversation of about fifteen minutes with the " extradited prisoner—a conversation to which Inspector Thomson should have put a stop." August 11 was a Saturday—a bright summer day in the middle of winter. The weary work of the week was over, and after lunch, remembering that, as Consul I had so far forgotten the existence of Gasparini that I had not even taken any step to make known to him the result of the application for the writ of habeas 'corpus, which was against him, I walked alone from my home toward the wharf for the purpose of telling him that of which he must, of course, have been already painfully aware. But, however needless and futile, I regarded, it as a consular official duty to tell him. On my way I accidentally met my private secretary (Mr. A. M. Smith), and he and I and some others walked to the wharf together. Arrived there I met the French Consul walking at the side of the steamship " Wakatipu;" and, as had been our uniform custom at all our previous meetings, we shook hands. I left Mr. Smith and the gentlemen who were with him, and walked with the French Consul, awaiting the arrival of Gasparini. I mentioned to the Consul that I wished to explain to Gasparini that I had been so much engaged in attendance upon my parliamentary duties that I had had no time to perforin the bald function of informing him of the result of the legal proceedings in his case. The Consul uttered no word of objection. Upon Gasparini's arrival in charge of the New Zealand police-officer, and after he had alighted from the cab in which he was conveyed, I approached him, Mr. Jellicoe, who had in the meantime arrived, approaching him at the same time from another direction. Through Mr. Robertson, the interpreter, I explained, to Gasparini that, in consequence of the pressure of my parliamentary duties, I had been unable to see him, or to do anything for him, but that he had had the benefit of the services of a most able.jtdvocate in the person of Mr. Jellicoe, and that, as Mr. Jellicoe had failed, there could have been*from the first no possibility of succeeding. I mentioned, also, that he should ask to be allowed to see the Italian Consul in Sydney, just as he had applied to see me on arrival here. Then, in a spirit of curiosity, I asked a question about his adventurous voyage from New Caledonia, to which his only reply was that he had to do all the work, Cury being asleep nearly the whole time. The interview lasted only a few minutes—certainly not more than five—the con-

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