the Governor had left the Colony for a trip to Japan, and
W.H. Marsh was acting in his place. On July 16th, he returned answer
to the Chief Justice that he had now received a re****t on the cases
from the Attorney General, the committing magistrate and the Crown
Solicitor, and
"I regret to inform you that ... I do not see my way to directing
the prosecutions of the two persons indicated by you; first ...
because I do not agree with you in looking upon them as the
principal criminals; and, secondly, because I think that after
the evidence of these persons has been taken both before the
committing magistrate and the Supreme Court without any warning
having been given them that their evidence might be used against
them, it would appear like a breach of faith to treat them now as
criminals." "Should the prosecution of these persons result in
their acquittal, which seems to me not improbable, I fear that the
good effect produced by the severe reprimand, which I understand
that your Honor administered publicly to all the parties concerned
in these
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