Minutes, 4 December 1841

said the Case came up in a different light in the Council, to what it had been represented to him, & does not Consider that the is at all blameable, <​for if​> he had arrested Smith whom he

said, the had met the accused in the Street, & had the Wt. at the time, he cd. have got some Person to assist him, even his Brother, <​​> who told him that he thought it shd be executed that Night, & he had a right to call upon the Citizens to assist him & he concluded <​his observations​> by wishing it to remain over to <​Colrs​> & <​s return,​>

Aldmn. — thinks had a wrong impression of the Matter, when he first heard the Story, & and & that he remains under that impression, & explained the Understand.g. had, respecting it.—

having moved heretofore, that the Trial be postponed.— The explained the manner in which the proceedgs. now stand, & that it cd not be postponed, in as much as the Counsellors absent would be deprived of the benefit of the Testimony already given, &c,.

spoke in Explination of the Evidence given, which he said was in favour of the , & if he had arrested him when he saw him he wd have been more to blame than he now could be, especially if Smith had not the Coat on, & also it wd have been Contrary to the Arrangement made with .—

Colr. said, he did not consider the had Acted with wisdom, & spoke to considerable length upon the Case, giving his views upon both sides of the question, [4 lines blank] & concluded by saying, the had neglected his Duty. & committed a fault, through Error of Judgment, & [p. 47]