I find among the papers in the Governor's office at
Victoria,
M Secretary Cardwell's despatch No. 69 of
1
December 1865 which would appear not to have been acted
on on in any
way.
M Kennedy had recommended that a Law should be passed
dispensing with unanimity in a Jury in Criminal Cases.
M
Cardwell states that he will be prepared to submit for Her Majesty's
sanction a Law passed for this object if that Law is otherwise
unobjectionable.
2. I am not aware that the present law has worked badly. I
referred the matter for the consideration of
M Needham,
late Chief Justice
of of
Vancouver Island, of
M Begbie, Judge of
the Court of
British Columbia, and of
M Crease, the Attorney
General. Your Lordship will observe that all these are against
M Kennedy's suggested alteration. Under these circumstances
I shall not move in the matter without further instructions.