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A.—2

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No. 1. (No. 3.) My Loed, — Downing Street, 30th January, 1897. I have the honour to transmit to you a copy of a despatch from the High Commissioner of the Western Pacific, enclosing a letter from Mr. Hunter, who had been appointed a Special Commissioner for dealing with certain cases at Earotonga, Penryhn, and elsewhere, respecting a case of attempted murder at Aitutaki, one of the Cook Island Confederation. 2. I would suggest for your consideration that, with a view to more effectual dealing with cases of this kind, the Eesident at the Cook Islands should be instructed to endeavour to procure the passing of a measure providing that all cases, whether civil or criminal, to which a white man is a party should not be tried in the local Courts, but that, without affecting the concurrent jurisdiction of the High Commissioner's Court, such cases might be heard in the SupremeCourt of the islands, under the presidency of the Eesident himself. I have, &c, J. CHAMBEELAIN. Governor the Eight Hon. the Earl of Glasgow, G.C.M.G.

Enclosures. (No. 43.) Sib, — High Commissioner's Office, Western Pacific, Suva, Fiji, 9th October, 1896. I have the honour to forward herewith copies of Mr. Hunter's reports of proceedings in Earotonga, Penrhyn, Manihiki, and Eakahanga. I also enclose copy of a letter from him with regard to a case of robbery and attempted murder at Aitutaki. 2. I think it is to be greatly regretted that the man Campbell was not tried in the High Commissioner's Court, as was desired by Mr. Moss, the British Eesident; but, under the circumstances, Ido not see how Mr. Hunter could have entertained the case. To have done so would have been to deny the competence of the local Court to deal with it, and, under the constitution of the Cook Group Federation, it appears that local Courts have criminal jurisdiction in all cases but murder. 3. In one sense, indeed, the local Court may be said to have been incompetent, inasmuch as its Judges possessed neither the knowledge nor the ability to deal with such a serious case, and the proceedings seem to have been more the result of hasty anger than of judicial inquiry. In the actual event the criminal received no punishment at all. He has simply been compelled to pay his debts. The injured woman has received no compensation or satisfaction. 4. In this case there was no doubt of the guilt of the accused, but in a difficult case proceedings by a native Court such as that of Aitutaki against a possibly innocent.defendant might lead to considerable embarrassment, especially in the case of a subject of a foreign power. 5. In cases like Campbell's, the native Judges, equally with the other natives, get excited, and lose for a time all power of exercising a calm judgment, and they should not be allowed to try cases (other than offences against local police) without the permission of the Eesident. 6. Foreigners may, it is true, demand to be tried before the Supreme Court of the Cook Group, whose Chief Justice would be likely to be more unbiassed than a local Judge, and who has the benefit of a certain amount of training from being in constant communication with the Eesident; but oven he, a native, and totally ignorant of law and procedure, would scarcely be fitted to try a serious and difficult criminal case, perhaps depending to a large extent on circumstantial evidence. I have, &c, John B. Thueston. The Eight Hon. J. Chamberlain, &c, Secretary of State for the Colonies.

Sir,— Sura, 31st August, 1896. I have the honour to report that, in accordance with your Excellency's instructions of the 27th June, I proceeded to Auckland by the " Upolu," and embarked on board H.M.S. " Goldfinch " on the morning of the 9th July, arriving at Earotonga on the afternoon of the 17th. Piltz and Penrhyn Islanders. —This case was settled on the Ist July by the defendants paying into Court the sum of $1,800, Chili coins. This was accepted by the plaintiff in full satisfaction of his claim. Campbell's Case. —This case was brought under my notice by the British Eesident. Campbell, who is an American negro trading at Aitutaki, robbed and nearly murdered an old native woman. He was arrested by the local authorities, and the stolen money —said to be £200—was recovered. Campbell was tried by the native Judge at Aitutaki, and fined $500, which was levied by the seizure and sale of all his property. I informed the Eesident that, as the local authorities had already dealt with the case, I was unable to interfere. Peter Keith Mackay Cowan. —This was an application in bankruptcy, Cowan applying for leave to file a petition in bankruptcy. ■ On the day of hearing Cowan asked to be allowed to withdraw his petition. This was granted,

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