KAIWARRA MURDER CASE. PROCEEDINGS OF GOVERNMENT.
Wellington, August 9. The greater part of yesterday afternoon's sitting was taken up with a lengthy discussion with reference to the manner in which the case of Louis Chemis, condemned for the murder of Thomas Hawkins, was dealt with by the authorities in the proceedings which led to the commutation of his sentence. Mr Hutchison, who commenced the discussion, urged that the Governor had acted irregularly in allowing Mr Jellicoe to address him on behalf of the condemned man. The Premier raised a point of order in thus challenging the Governor's action, and the Speaker ruled that the Governor's name could not be mentioned, and his action when exercising the prerogative of mercy could not be challenged. Discussion ensued, lasting almost all the afternoon, of which the only part of any particular interest was an explanation made by the Premier. He said that if the action was held to be irregular, the discussion by the House would ultimately lead to censuring the Governor, which would be manifestly improper. He had forthelast fortnightbeen very much exercised in this matter for the want of precedents, and he suggested by way of getting some light thrown on the subject, that a committee should be appointed to inquire into it. He had ascertained irom the procedure that the duty was cast upon the supreme pardoning power of ascertaining: personally ""whether there were any material facts which had not been put before the jury. Ministers took great pains in this case to ascertain the facts, and they made a recommendation accordingly. Their proceedings were perfectly regular. Immediately after the trial it was represented there were serious doubts whether the prisoner had committed the murder, or that there was a possibility that somebody else had done it. Mr Jellicoe asked for a personal interview, but upon iuquiry from Victoiia and New South Wales, it was found that there were no precedents there for allowing a condemned man to see a solicitor, but Sir Henry Parkes telegraphed that under special circumstances he would create a precedent to allow an interview to take place in the presence but out of the hearing of an official. They still declined to allow an interview until they ascertained from Mr Jellicoe what were the main facts in his possession. Mr Jellicoe showed that if he could see the prisoner he thought he could obtain further clues which would enable him to establish the innocence of the prisoner. Upon this a private interview was allowed. Mr Jellicoe next applied to be heard before the Executive Council, bnt the Council decided that if this were done they would be constituting themselves a court, and counsel would have to be heard on both sides ; so they refused the application. Still they told Mr Jellicoe they would allow him to appear before them and state any facts that were within his own knowledge. Mr Jellicoe did nob attend, but asked to be allowed to appear before the Governor. His Excellency, exercising the power he undoubtedly possessed, heard Mr Jellicoe, Mrs Chemis and her child, and Mrs Hawkins. This he did privately, refusing to be treated as a court in any way. The Executive sat, the Judge was summoned and produced his notes of the trial, but nob untij Mr Jellicoe had made his address. Still the whole of the affidavits went before the Judge. The Council did nob decide until last Tuesday, when they came to the conclusion already known. The object for which he suggested that a Committee should be set up, was to search for precedents and report whether the procedure could be amended, and whether some kind of criminal courb of appeal ought not to be set up to deal with &uch cases rabher than throw bhe terrible responsibility upon bhe Executive. Sir Harry, on finishing, was heartily cheered, his explanation having been very clear and satisfactory. His suggestions for appointing a committee received a certain amount of support, bub nothing was done, j
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Te Aroha News, Volume VII, Issue 393, 14 August 1889, Page 4
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816KAIWARRA MURDER CASE. PROCEEDINGS OF GOVERNMENT. Te Aroha News, Volume VII, Issue 393, 14 August 1889, Page 4
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