21

A.—2b

4. That the prisoner has always given every satisfaction to the Sheriff, the Governor of the Gaol, and all other officers, during the ten years of his imprisonment. 5. That although his Honor the Chief Justice has often declared his intention to visit convicted bushrangers with extreme rigour, your petitioner would humbly plead that the cessation of bush-ranging in this colony may operate in favour of the prisoner, as it appears to have done in the case of the released prisoner John Vane (whom, however, your petitioner's brother did not know previous to his imprisonment) and others. 6. That the prisoner's health has already suffered so much from his long confinement as to cause him to be almost constantly under the hands of the doctor, for disease of the heart and other serious symptoms, which have obliged him for a time to be placed in the hospital of the gaol, and have totally incapacitated him from continuous work. 7th, and lastly. That your petitioner feels certain that if a pardon be granted to the prisoner, and he he permitted to once again dwell among his relatives, he will do all that lies in his power to lead an honest and respectable life, and prove himself worthy of your clemency, and will never again return to his evil ways, but by exemplary conduct in the future fully and completely redeem the past. Your petitioner also believes that his Honor Sir Alfred Stephen will graciously recommend, as he has very often spoken very kindly to the prisoner as to his reformation, and always seemed to take a kindly interest in him. Praying the Lord may guide to a wise, merciful, and judicious conclusion in disposing of this petition, your humble petitioner will, as in duty bound, ever pray, Ac, Ac. Archina Griffiths. We, the undersigned, beg most respectfully to recommend the foregoing petition to the merciful consideration of the Executive Council, the more especially from the desire to reform evidenced by the prisoner before capture, and his conduct since his incarceration, and trust that you may be pleased, under all the circumstances of the case, to deem the period of the sentence already expired to be sufficient for the ends of justice. A. Moffitt, Physician .and Surgeon, 135, Castlereagh Street. William B. Dalley. A. McAethue and Co. Faemee and Co. W. and S. Gaedinee, per J. W. Niff. S. HOFFNUNG AND Co. E. S. Hill, of Woollahra, having specially and carefully watched the prisoner during the past seven years of his incarceration, and having made on all occasions strict inquiries as to his prison conduct at Darlinghurst, and uniformly received the most satisfactory reports, I have no hesitation in recommending the prayer of the petition. J. E. Jones and Co., Produce Merchants, Sussex Street. H. Peiestly, ditto. John Geaham. The Sheriff.—B.C., April 2,1874. For U.S.—W.G. In returning the accompanying petition in favour of prisoner Christie alias Gardiner, I beg to refer to my report, dated 12th September, 1872, upon the petition under which the prisoner was allowed a conditional pardon. I took occasion in that report to urge the special importance, in the public interest, involved in the dealing with the case of this prisoner, by reason of the prominence of his career and the circumstances of his case. That importance has been fully exhibited by the necessity that the granting to Christie of a conditional pardon, at all events, initiated of reconsidering the sentences of a large number of prisoners who may be termed lesser offenders of the same description ; and a plan of abridgment of such sentences was prepared with much care and forethought, the main policy of which was permitting the men concerned to leave the Australian colonies, chiefly based upon the action taken in Christie's case, approved, and now in course of being carried out. Upon the same principle of equitable dealing which enjoined the adoption of the plan mentioned, if the condition of exile be foregone in Christie's case it should be similarly foregone in those of the other men, and the whole policy of the plan abandoned. The reasons now put forward in Christie's favour were fully considered when the former petition was dealt with, and there can be no question but that the case was determined upon with a lenity which the condition of exile alone could reconcile with public opinion, and with a sense of justice towards tho general body of criminals serving their allotted periods. I confess that I am surprised, in view of the merciful consideration with which the former petition was treated, at the present petition having been made, and I would most strongly deprecate any compliance with its prayer. Principal Under-Secretary, B. C, April 20,1874. Haeold Maclean, Comptroller-General of Prisons. The enclosed petition prays for a remission of Gardiner's sentence. The prisoner has been authorized a conditional pardon, the condition being exile. The Sheriff strongly deprecates a compliance with the prayer of the petition. His Excellency.—H.P., 24/4/74. Eefused.—H. E., 27/4/74.