QSA20065 1861 Letter from Ratcliffe Pring to Police Magistrate Rockhampton 9 February, Justice Department Letterbook, DR127314

61/11

Crown Law Office Brisbane 9^th Feb 1861

Sir,

In reference to your communication of the 2^nd inst., reminding me that the Prisoners named in the Margin are still in confinement in the Lock Up at Rockhampton awaiting my instructions for release or committal, I have the honor to observe.

1^st ... That in a letter Given this Office dated the 6^th day of December 1860 N^o 60/180 in answer to a communication from the Rockhampton Bench, requesting to be informed whether the evidence contained in certain depositions taken before one "Gulliver" and one "Toby" in the Case of the Murder of the late Fanny Briggs was in my opinion sufficient to Warrant a committal of Gulliver on that charge, I expressed expressly informed the Bench that "it "was not my duty to offer any opinion to "the Bench upon the evidence taken in any "Case until it came officially before me to

[written diagonally, in left margin]

"Toby" & "Alma" Abns

"determine or not whether ^ or not I deemed it "sufficient to put a Prisoner on his "Trial" - I therefore naturally supposed that after such an inclination on my part the Bench would act on their own responsibility

2. By the next mail from Rockhampton further depositions in the case mentioned in the Margin were received in this Office, proporting to have been taken on the 27^th day of November 1860 by which it appeared that the Prisoners were remanded by the Bench until the following day for further evidence, but such further evidence (if any was taken), has not been received in this Office.

3. I have received no further communication from the Bench on the subject, and therefore (even if justified in so doing) should be unable to offer any opinion as to the advisability of releasing or committing the Prisoner Toby.

4. With respect to the Prisoner Alma I have received no depositions whatever referring to him

5. In conclusion I would suggest that the Bench should carefully consider the whole of the evidence taken against the Prisoners Toby, and also the evidence (if any) against the Prisoner Alma, and themselves decide either upon a release or a committal of either or both of the Prisoners.

I have the honor &c

[signed] T.S. Ratcliffe Pring Atty Gl

The Police Magistrate

Rockhampton }

[written diagonally, in left margin]

"Gulliver" & "Toby" Abns [Aborigines]