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Colonial Office minutes regarding Law Officers' advice on Harry Christian murder case
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(Subject)
Pitcairn Island Murder Recommends that the case be met by an extension of the scope of the W.P. O.-in-C. ( Minutes.) Mr Cox The L.O. say that Christian could be tried (a) in England under s 9 of 24 & 25 Vict c 100 or (b) in Pitcairn I. under the law existing in England when it was settled by the Chief Magistrate if the community consented, but that the former [impedient would] be inconvenient? & the latter procedure [would] be anomalous. They therefore recommend that the S of S should give a direction under §6 of the Pacific O in C 1893 which will bring [Pitcairn*] I. within the scope of the jurisdiction conf[erred by] that O in C, and that such direction might — any other islands which it may be thought — to place under that jurisdiction. They further — that, notwithstanding such direction is given — commission of Christian's crime, he [could] be [tried and] condemned or otherwise punished by a court [constituted] under such extended jurisdiction (see §49 & 60 of the O in C). ?Proceed accordingly. (I annex the O in C which provides (§6) that the S of S may direct an extension of jurisdiction by any instructions given to the H.C. & published as the S of S thinks fit'.) *They don't say this, but it is presumably implied. [H.F. Wilson]
7/3 P.T.O. * Text here and below obscured by tape on original document. |
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Mr Wingfield The Order under §6 will have to be retrospective and I should think it had better be approved by the L O before issued by the S/S. The dept had better consider whether any other island should be included. I suppose now the procedure will be after the issue of the order to send a warship to Pitcairn to bring the murderer & witnesses to Fiji. This seems better than sending the Judge to Pitcairn — see §66, 78. No sentence of death can be carried out till the High Commissioner confirms the sentence (§80). The Commander of the Comus (Captain Dyke) to whom the murderer confessed must be present as a witness & arrangements will have to be made by the Admiralty for this. The first thing to do is to prepare the Order under §6 and submit it to the LO. Then write to High Commissioner & Admiralty. ?So proceed.
[H.B. Cox]
7 March
Mr Anderson Are there any other islands which it has been proposed to bring within the jurisdiction under the Pacific O in C? [E Wingfield] 8 MarchMr Wingfield. No. Pitcairn is our only possessn beyond 149° 30 W Long.
[Anderson] 8.3
We must I think act upon the L.O's advice. The trial should certainly take place in Fiji — the Judicial Commr. could not be spared for an indefinite time to go to Pitcairn Island and the sentence would have to be executed in Fiji — it will be an expensive business and will take a long time
[These marginal notes appear on this page of the document.]
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but it would not do to leave the murderer unpunished. Prepare draft Instructions as proposed
[E Wingfield] 9 March I agree. But having regard [to the long delay] I think we must give the HC a hint [to commute] the sentence (if it is [so], death) [to a] long imprisonment. It is against [English] precedent to execute a death sentence [after] so long a delay. [J. Chamberlain] 9/3
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Notes.
Pagination of the original autograph has been maintained. John Anderson (1858 – 1918) was a colonial administrator, who was once the Governor of Ceylon and Governor of Straits Settlements. In 1898 he was a deputy to the Secretary of State for the Colonies. Joseph Chamberlain (1836–1914) was an influential British Harry Albert Christian was born on Pitcairn Island on Mar. 11, 1872, one of 12 children of Alphonso Downs Christian and Sarah McCoy. In the early 1890s a relationship developed between Harry and Julia Warren. A daughter, Eleanor Linda Warren, was born to the couple on Aug. 14, 1895. Some time later Harry's attentions turned to another woman. On Jun. 17, 1897, Harry killed Julia and the child and threw their bodies into the sea. Though the bodies were never found, the crimes were found out, and Harry admitted to them. Harry was tried on Pitcairn and found guilty of murder. He was taken on H.M.S. Royalist to Suva, Fiji. There, on October 8, 1898, in the Suva gaol, he was hanged for the murders. H. Bertram Cox was Assistant Under-Secretary of State for the Colonies. He was recognized as a 'legal expert'. Sir Edward Wingfield KCB (1834–1910), was a British barrister and civil |
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Source.
Document no. 103. March 7, 1898 to March 9, 1898. "Colonial Office minutes regarding Law Officers' advice on Harry Christian murder case". Pages 1392 to 1397.
This transription was made from a documents in a collection of documents at the University of Hawai'i at Manoa Library.
Last updated by Tom Tyler, Denver, CO, USA, Aug 6 2022.
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