19

A.—2b

Minutes by — William Forster, Esq., M.P., formerly Colonial Secretary. Dr. Moffitt. Joseph Eckford, late M.P. Edward Smith Hill, J.P. H.P., 4/12/72. When the prisoner has served ten years his case may again be brought forward. If his conduct should, in the meantime, be good, I should feel disposed to grant him then a pardon, conditional on his leaving the country. At present I do not concur with the petitioners that the sentence which the prisoner has undergone is sufficient for the ends of justice. —H.E., 5/12/72. (No. 6.) The Chief Justice to the Colonial Seceetaey. In re Gardiner's Petitions for Mitigation. My deae Colonial Seceetaey,— Supreme Court, 6th December, 1872. I have received a letter (one only of several) from one of Gardiner's sisters, which I think ought to accompany the papers, with a copy of my reply. I therefore enclose both, begging you to submit them with the petitions to His Excellency. Or, if the case is already disposed of, I solicit the favour of your directing the present enclosures to be placed with them. I have abstained from saying anything about Gardiner's career before his bush-ranging began, but I can add his previous history if desired. If my sentence on him for horse-stealing, passed at Goulburn, had not been interfered with, he would have had no opportunity of commencing cattle-stealing at Carcoar, or of robbing the Gold Escort afterwards; for the latter was committed before that sentence had expired. I am, Ac, Alfred Stephen. (Enclosures.) To His Honor Sir Alfred Stephen. Sir, — 4th December, 1872. Again I place before you the one earnest wish of my anxious heart, in the hope that you will once more extend your mercy to my dear brother, Francis Christie. Oh, forgive him, for the sake of those who so earnestly plead for him; forgive him, as I hope the Great Judge of all may forgive you and yours when you plead for it. Mercifully grant him his liberation in the colonies, so that his Bisters may draw him nearer them and farther from danger. Could you know how we have waited and watched for your answer to our petition—an answer which seems so long delayed—you would have spared us, I believe, some of the anxious suspense; but if the answer be what we could wish, how little will the past misery seem compared to the boon ultimately granted. I know, your Honor, that my brother's sins have been many. I do not wish to think his sentence was unjust; but his punishment has been great and his reformation genuine, and may God grant that it may be your will to again restore my dear brother to freedom. With you his liberation or endless imprisonment rests, so far as earthly power rules; therefore, be that answer what it may, to you, Sir Alfred Stephen, I must look. Be merciful when you look at the darkest side of this man's character, and forgive me for taking the liberty of writing to you as I have done. Trusting that you will pardon my presumption, I remain, Ac, A. Griffiths. The Chief Justice has read with deep sympathy the several letters which he has received from Mrs. Griffiths and her sister, and he will forward her letter of yesterday to His Excellency the Governor. The Chief Justice is quite willing to believe all that is represented in Christie's (otherwise Gardiner's) favour; but he feels bound to remember the notoriety of the prisoner's bushranging crimes, and. their number, and the frightful evils to which they led, including the deaths of many persons, and the execution of two young men for acts in which Gardiner was the ringleader. Nor can it be forgotten that of the thirty-two years of his sentence one-fourth even has not yet elapsed. The Chief Justice cannot, therefore, undertake the responsibility of recommending any mitigation in the case. But he does not admit that any such responsibility ought to be cast upon him. It is peculiarly a question for the Governor and Executive Council; and if they should think it right at some future period to remit any portion of the sentence, Sir Alfred Stephen, as an individual, would, for the sake of the petitioners, be glad to hear of the decision. Supreme Court, 6th December, 1872. His Excellency.—H.P., 7/12/72. I have already decided to grant a conditional pardon at the termination of ten years' imprisonment.—HE, 71/2/72. (No. 7.) The Principal Under Seceetaey to the Chief Justice. Sir, — Colonial Secretary's Office, Sydney, 10th December, 1872. In acknowledging the receipt of your report of the 30th ultimo on a petition in favour of the prisoner named in the margin,* praying for a mitigation of the sentences, amounting to thirty-two * Francis Christie alias Gardiner.