H.—l9.
On your coming into the room I inquired of some one—l think, Mr. James, who was acting as clerk on the occasion—whether he knew why you should take a special interest in the case, and I was informed that you were the Italian Consul. That led me to make the remark to you that I supposed you had come on that account. It is always a matter of satisfaction when a judicial inquiry is proceeding to find that the person to be affected by it has the benefit of legal advice and advocacy. It would, I think, have been a matter for regret, seeing the result of the Cury case, if Gasparini had not had his case conducted in the Supreme Court by a competent advocate. I am not well acquainted with what consular duties are with regard to a subject of the country for whom a Consul acts; but I should, myself, suppose that the providing an interpreter and legal advice and legal assistance, with the view that the subject should have ..all the protection the law will give him, is as little as a Consul could do. I dare say a Consul is not bound to do either—probably is not furnished by his country with funds for the purpose. Such acts on the part of the Consul seem to me acts of mere charity, a«nd that any one should question the propriety of them is to me inexplicable. lam not aware whether you or some others provided funds for the purposes I refer to. I write on the supposition that this may have been so. Yours very truly, James Prendergast.
Enclosure 2 in No. 7. Hon. Mr. Fisher to Mr. G. Robertson. Dear Sir, — Wellington, 20th September, 1888. In a letter to the Governor, complaining of my connection with the^ Gasparini case, the French Consul says, " Sir J. Prendergast had hardly granted the extradition of this convict, " notifying at the same time that he Had fifteen days wherein to appeal, than the Hon. the Minister " of Education said aloud before ten witnesses, of whom Sir J. Prendergast was one, ' I will see to "it,' and put himself in communication with the said convict by means of the interpreter "Robertson." Will you kindly say whether the statement is true or untrue that, either then, or at any other part of the extradition proceedings, the Minister of Education " put himself in communication with " the said convict by means of the interpreter Robertson " ? Will you also kindly put into writing the few words which you were good enough to translate for me to Gasparini on the occasion of my interview with him on the 11th August, when he was sent to Sydney in the " Wakatipu," and say also how long the interview.lasted. Also please state whether the French Consul witnessed the interview, and whether he made any objection. Yours very truly, G. Robertson, Esq. Geo. Fisher.
Mr. G. Robertson to the Hon. Mr. Fisher. Sir, — Wellington, 21st September, 1888. I have the honour to reply to your letter of yesterday in reference to the matter of Gasparini, and the statement of the French Consul that " Sir J. Prendergast had hardly granted the " extradition of this convict, notifying at the same time that he had fifteen days wherein to appeal, " than the Hon. the Minister of Education said aloud before ten witnesses, of whom Sir J. Prender- " gast was one, 'I will see to it,' and put himself in communication with said convict by means of " the interpreter Robertson." I beg to state that at the proceedings before Sir J. Prendergast, at which I treated you in the capacity of Italian Consul, no communication with the convict from you took place through me as interpreter at any stage of the proceedings. At the termination of the proceedings, when the convict was notified that he had fifteen days wherein to appeal, Gasparini, who was in a very desponding state, asked His Excellency, through me, how it was possible for him to make an appeal, and it was then that you said, from the part of the room where you were sitting, at some distance from the prisoner, " I will see to it." On the occasion of Gasparini's leaving for Sydney you requested me on the wharf to say that as your time had been so taken up with parliamentary duties you had been unable to see him, but that you felt sure his lawyer, Mr. Jellicoe, had done everything that could be done for him. You also recommended him to apply to the Italian Consul on arrival in Sydney, in the same manner as he had applied to see the Italian Consul here. As apart from this portion of your conversation you also asked a question about the voyage in the boat from New Caledonia ; when Gasparini said that he did all the work—that Cury was asleep nearly all the time. The interview in question only lasted about five minutes, and I may add that the French Consul, who was close at hand on the wharf all the time, made no objection whatever to the interview 7. I have, &c, The Hon. G. Fisher, Italian Consul. Geo. Robertson.
Enclosure 3 in No. 7. — Hon. Mr. Fisher to Mr. Fernandos. Sir,— Wellington, 20th September, 1888. In a letter to- the Governor, complaining of my connection with the Gasparini case, the French Consul uses these words : " The prisoner Gasparini was undefended until a subscription-list " was opened and circulated by the Hon. the Minister of Education, with the object of engaging " the services of a well-known lawyer for his defence."
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