Enclosures of letter to Her Majesty's Secretary of State for India, No.11, dated 15 January 1875: Nos. 3 to 45 of Abstract of Contents, from the Officiating Under-Secretary to the Government of India, Fort William [‎98r] (95/100)

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tation in pronouncing the evidence already recorded sufficient to convict the
ae ^ ar ot complicity in the attempt to poison Colonel Phayre.
The Government of India will be glad if you will consult the Standing
Counsel and give then a joint opinion, stating how far you coincide in the opinion
of the Advocate-General of Bombay. '
ihc Commissioner of the Bombay Police is at present in Calcutta, and can
wait on you if you wish to consult him.
Enclosure No. 38.
Dated lort William, 13th January 1875.
From G. C. Paul, Esq., Officiating- Advocate-General, Calcutta,
lo C. U. AircHisoN, Esq., C.S.I., Secy, to the Govt, of India, Foreign Dept.
I have the honor to acknowledge jour letter dated 12th January instant,
and in accordance therewith I beg to enclose the joint opinion of the Standino-
Counsel and myself on the subject therein mentioned.
I also return all the papers forwarded to me.
OPINION.
H aving carefully perused all the papers we have formed the following
opinion :—If by the expression " sufficient to warrant a conviction" the Advo^-
cato-Gcncial of Bombay means sufficient to commit for trial we a^ree with
him; but if by that expression he means that a conviction by an inferior Court
ought to be affirmed on appeal by a superior Court we do not agree with him
having regard especially to the fact that there has been no hostile cross-examin
ation of the witnesses.
It must be remembered that skilful cross-examination and defence may brincr
forward matter which may give a very different complexion to the case ! And
on carefully weighing this evidence, we think there is ground to suspect that
the conspiracy, if found to exist, may be one against the Gaekwar and not bv
him.
We would observe that the bearing of the evidence as regards the minor
criminals is wholly different, and the case against them may 0 well be true
although there may have been nothing to justify the introduction of the Gaekwar's
name, the evidence affecting him involving the grave improbability of a man
> in his position personally trafficking with people in the position of the witnesses
who have been examined.
(Sd.) G. C. P aul.
The 13M January 1875, „ J. p. K ennedy.
Enclosure No. 39.
Telegram, dated 12th January 1875.
From—Foreign Secretary, Calcutta,
To—Political Secretary, Bombay.
A rrange to comply at once with any requisition Pelly may make
or hereafter for troops to be sent to Baroda.
now
Enclosure No. 40.
FOREIGN DEPARTMENT.
PROCLAMATION.
To all whom it may concern.
B e it known that Whereas an attempt has been made at Baroda to poison
Colonel R. Phayre, C.B., the late British Resident at the Court of His High-
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