H.—2l.

Nevertheless, weighing the whole of the evidence as best we can in circumstances so difficult, we are of opinion that if the proceedings before us had been an actual retrial of the claimant before a jury upon the charge of sheep-stealing (of which he was convicted in 1887) the evidence of his guilt is so far from conclusive that it would on such a retrial have been proper to acquit the claimant upon that charge, and we should have so stated to the jury. We have the honour, therefore, to recommend that for the purpose of dealing with the claimant's claims he should be treated as having been acquitted upon a retrial before us of the charge of sheep-stealing, of which he was found guilty in December, 1887. As to the Fifth of the said Questions propounded to us by the said Commission. We have the honour to report that we find that on the 9th October, 1895, the Public Petitions Committee, amongst other things, recommended the Government to make provision on the supplementary estimates for the payment to the claimant " of a sum by way of compensation for the loss he has sustained in. connection with his business, the legal costs incurred in defending the charge preferred against him, and securing the conviction of Lambert for perjury, and also by way of compensation for the imprisonment he has suffered." It appears that Mr. McNab, M.H.R. for Mataura, was interesting himself on behalf of the claimant, and that he had certain interviews with the Right Honourable Mr. Seddon, then Prime Minister of the colony, in the course of which he promised the Right Honourable the Prime Minister that if he would place the sum of £500 on the estimates as compensation for the claimant he would worry the Prime Minister no more. The sum of £500 was accordingly placed upon the estimates for the year 1896. The claimant, however, declined to accept the sum so placed upon the estimates, because he was required to sign a receipt in full discharge if he took the money. In the Parliamentary Debates of 2nd December, 1897, Vol. 100, p. 275, appeared the report of a speech made by the Right Honourable the Prime Minister with reference to this matter. On the 17th December, 1897, the claimant received from an official in the Treasury Department, who has not been called or identified, payment of the mm so voted. Mr. Kelly, then M.H.R. for Invercargill, who had been foreman of the jury which had convicted the claimant, was then interesting himself on behalf of the claimant, and was present when the money was paid to him. Before the Treasury official would pay the money to the claimant he required the claimant to sign a receipt in the form presently set out. Mr. Kelly drew the attention of the claimant to the terms of the receipt before he signed it, and warned him explicitly that he was giving a receipt for all future claims. The claimant, however, said that he signed the receipt under protest, and signed it, and accepted and was paid the sum of £500 thereupon. The receipt, which was attested by Mr. Kelly, was in the following words :— I, John James Meikle, do hereby acknowledge to ha\e received from the Colonial Treasurer, on behalf of Her Majesty the Queen and the Government of the Colony of New Zealand, the sum of five hundred pounds (£500), of which the sum of two hundred and fifty pounds (£250) is now paid to me and the further sum of two hundred and fifty pounds (£250) is about to be paid at my request to George Esther, of Dunedin, in full satisfaction, release, and discharge of all claims and demands, or alleged claims and demands, which I now have, or at any time heretofore have had, against Her Majesty the Queen, or the Government of New Zealand, upon or in respect of the prosecution and conviction of myself for sheep-stealing, or the prosecution and conviction, at my instance, of one William Lambert for perjury, and in respect of any expenses, costs, or charges incurred in or about the said prosecutions, or either of'them, and any los«es sustained or alleged to be sustained by me thereby. John James Meikle. Witness to signature—J. W. Kelly, M.H.R. 15th December, 1897. Afterwards the claimant informed Mr. Kelly that he had signed the receipt on the advice of another person that he could come back and claim more. It is admitted by counsel for the claimant that the Government of the colony considered that in making this payment to the claimant they were making a final settlement of all his claims. It is also admitted by counsel for the claimant that the claimant received the money without protest save to the Treasury clerk from whom he received it, a minor official whose duty simply was to pay over the money to the claimant upon obtaining the claimant's receipt in the form directed by the Government.

Printed evidence, pages 232, 233, 234,

Printed evidence, pages 44, 45, 46.

IV