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The Old Whaling Days
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(Enclosure.)
Copy of the Opinion of the King's Advocate and of the Attorney and Solicitor-General on a Case relating to the conduct of Captain Steward of the Merchant Brig Elizabeth engaged in trading between New South Wales and New Zealand.
His Majesty's Advocate and Mr Attorney and Solicitor General are requested to consider the Facts and Circumstances of the Case as appearing in the papers stated and with reference to the strong sense expressed by the Lords of the Treasury of the importance of all possible means being employed for bringing to Justice Captain Stewart of the Elizabeth and any other persons who may have been principally concerned in the atrocious crimes of which they are accused. They are further requested to suggest any measures which may occur to them as proper to be adopted for effecting the object which their Lordships have in view.
Opinion of His Majesty's Advocate and Mr. Attorney and Solicitor-General.
We think it clear that by the Law of England Captain Stewart and Clementson as the Mate are guilty as accomplices before the Fact, to the Murder of Mara Nui and his wife if not to that of the Tribe which was massacred and we think the Fact fully proved by the Witnesses. It is also clear that the 3rd and 4th Sections of the 9th of Geo 4 Cap. 83 give the Court at Van Diemens Land Jurisdiction to try these offences. We therefore lament that measures for securing and bringing them to Trial were not taken at New South Wales. We advise that they should be page 406 apprehended as soon as they can be met with and brought to their Trial when the attendance of the Witnesses against them can be procured……
Hubert Jenner
T. Denman
Wm. Horne
Doctors Commons
2 Dec. 1831