A.—2b

18

ing, thereby incurring some annoyance from his fellow-prisoners, who looked to him as a leader. He was considered, both inside and outside the gaol, the leader of all bushrangers, and at the time a great many of that class were commencing long sentences. As a rule, his conduct has been good and exemplary. There is, however, one exception: that was in November 1864, when he with another prisoner (Cust) opened communication with their friends outside, with a view to effect their escape ; in this they were assisted by a warder, who was dismissed for attempting to carry a letter out of the gaol for the prisoner's friends. Since that time I have not had occasion to find fault with prisoner's conduct in any way. I have, Ac, J. C. Eead, Principal Gaoler.

(No. 3.) Minutes of Principal Under Secretary and Colonial Secretaey. May be referred to his Honor the Chief Justice for report. —Sept. 12/72. The Chief Justice.—HP., 12/9/72.

(No. 4.) The Principal Under Secretary to the CniEF Justice. Sir, — Colonial Secretary's Office, Sydney, 17th September, 1872. I have the honor to request the favour of your report upon the accompanying petition for mitigation of the sentence of thirty-two years' hard labour on the roads passed by you upon the prisoner named in the margin.* I have, Ac, (For the Under-Secretary), William Goodman.

(No. 5.) The Chief Justice to the Colonial Secretary. Sir, — Supreme Court, 30th November, 1872. I have attentively read, and maturely considered, all the petitions in Gardiner's favour, with the recommendations attached to them; as also the reports of the Head Gaoler and Surgeon, and the very judicious remarks of the Sheriff, in his capacity of Inspector of Prisons. I have seen one or both of the prisoner's sisters, who are the principal petitioners, and the persons to whom he is indebted for the numerous signatures which are before me. I have also more than once, although not of late, seen Gardiner, and personally received representations from him. And I feel deep sympathy for those affectionate relatives, who are, I believe, respectable members of society. I moreover think it probable that Gardiner's desire to abstain from evil, if he were released, and as far as possible to induce others to abstain, is sincere, and perhaps may be permanent. But, remembering what Ido of his whole career, what his past character and his crimes have been, and the notoriety which these have acquired, as well as the widely-spread mischief which his leadership and tutoring for so many years occasioned, I dare not incur the responsibility of advising any mitigation in his case. Ido not mean that none should at any time be granted ; but the ends and objects of all punishments are, first, the preventing of the individual, and, secondly, the deterring of other individuals, from the committing of similar offences. And I am satisfied, from long experiences and observation, that the particular crime of bush-ranging— with its frightful loss of life and property, and the insecurity of both which is entailed, with its attendant terrorism —has been reduced to its present dimensions and state solely by the rigorously severe punishments (in which I include the deaths of some of the criminals by the police, as well as by the Courts of Justice), inflicted upon the perpetrators. In several instances, no doubt, the penal servitude punishments have been mitigated, as the crime itself has gradually diminished in frequency. But I am compelled by a sense of duty, in this case peculiarly irksome, to point out that of Gardiner's companions two or three have been executed for crimes in which he participated; that for the shooting both of Constable Hosie and Sergeant Middleton he himself narrowly (and most unrighteously) escaped a capital conviction; and that, of the thirty-two years to which he was justly sentenced, he has as yet barely endured one-fourth. I am, Ac, Alfred Stephen. His Excellency.—HP., 4/12/72. In forwarding this petition (in the case of the most remarkable criminal that has appeared of late years in this colony), I think it right to point out some of the minutes and signatures in his favour. Names only, — The Hon. W. B. Dalley. E. Driver, M.P. Eichard Hill, M.P. J. J. Josephson. James Sutton, late Mayor of Sydney. George Hill, J.P. * Francis Christie alias Gardiner.