With this answer Messrs. Innes and Solomon returned to the gaol, and after informing the prisoners of what had taken place advised them, under the circumstances, to make a formal but respectful appeal for a revision of the sentences.  It was their opinion, based upon the information which they had at great pains gathered, and it was also the opinion of the Chief Justice, that no petition was necessary, and that the sentences would be brought under the consideration of the Executive by the memorials of the burghers; but they considered that as interested persons or indiscreet friends had already suggested the idea of petitions, and as a refusal now to sign anything might have a very unfavourable effect upon persons with the disposition and character of those with whom they had to deal, it would be advisable to make an appeal so worded as to formally comply with the requirements of the extreme party in the Executive; one which would satisfy those of the prisoners who were in favour of appealing, and would not be offensive to those who were against petitions at any cost.

The strongest reason for urging this was to preserve unanimity of action among the prisoners.  The course was in fact a compromise designed to satisfy those who considered a petition of some sort to be necessary, and those who would not as they expressed it ‘sacrifice their self-respect’ by asking for anything from the people who had treated them in what they deemed to be a dishonest and treacherous manner.

All the prisoners except Messrs. A. Woolls-Sampson and W.D. (Karri) Davies agreed to this:  many did so much against their own wishes because of the appeal to stand together, and because it was strongly urged that their obstinacy would affect not only themselves but would prevent the liberation of others whose circumstances were almost desperate.  They yielded—­it is true—­but remained unconvinced.  To Messrs. Sampson and Davies the answers of the Chief Justice and the President are now of considerable importance, since the reason given for their detention involves the repudiation of the assurances given by the President and Chief Justice.

Those who had not signed any other form of appeal now made a formal application to have their sentences brought into review by the Executive Council.  They stated then their belief that it was only the beginning of the petition business that it would be wholly ineffective and that it was to be understood that they would sign no more under any circumstances.  This application was deemed by the emissaries of the Government to be sufficient to comply with the requirements, and promises were conveyed to the prisoners that the sentences would be at once taken into consideration and commutations announced.  In the course of a day or two however further demands were made, and the prisoners were informed that they would be dressed in prison garb under severer regulations specially passed for them unless they at once petitioned against this course.