Mr. White to Mr. Hay.

No. 714.]

Sir: Referring to Mr. Choate’s dispatch No. 640, of August 14 last, and to previous correspondence, with reference to the claim of Charles Lillywhite, I have the honor to inclose herewith the copy of a note which I have received from the Marquis of Lansdowne, relative to the above case, stating that, in view of the special hardships imposed upon Lillywhite, His Majesty’s Government are prepared to grant him the sum of £600, by way of solatium, and also the cost of his return journey to New Zealand.

I have caused the information in question to be communicated to Mr. Barrett, counsel for Mr. Lillywhite, who is not, I believe, in England at present.

I have, etc.,

Henry White.
[Inclosure.]

Lord Landsdowne to Mr. White.

Sir: As stated in my note to Mr. Choate of the 1st of October last, I referred to the secretary of state for the home department his excellency’s note of September 20, together with the petition and other documents with regard to the case of Mr. Charles Lillywhite, who was brought to this country from New Zealand under the fugitive offenders act, 1881, for a murder committed at Colchester in 1894.

I have the honor to inform you that the matter has received most careful consideration by His Majesty’s Government.

[Page 235]

The case appears to be one in which Mr. Lillywhite has most unfortunately been the victim of an honest mistake on the part of certain witnesses, and that everything arising out of that mistake has been done in due course of the law to which he was subject in consequence of his residence in a British colony. Theoretically therefore there is no more reason in this case for compensation than in other cases in which persons are subjected to inconvenience or imprisonment in consequence of mistakes of the same character.

Having regard, however, to all the circumstances, which were, no doubt, such as to impose special hardship on Mr. Lillywhite, His Majesty’s Government are prepared to grant him the sum of £600 by way of solatium, and also the cost of his return journey to New Zealand.

The compensation offered in this exceptional case must not, however, be regarded as forming any precedent for the grant of compensation to other defendants should any similar case occur.

I have, etc.,

Lansdowne.