And whereas he could not even be regarded as a passive and unconscious instrument in the hands of his Chiefs, because, although a black, he possesses some mental culture and belongs to a country already partly civilized;
And whereas he must have known perfectly well that to kill is a crime;
And whereas he, moreover, acted in his personal interest because he was paid in proportion to the rubber he collected;
Whereas, however, it is just to concede to him extenuating circumstances to the greatest possible extent, taking into account his surroundings and the example set by his Chief; and whereas it must be admitted that it would have been very difficult for a black man to withstand the influence of example;
And whereas, therefore, the Court of Appeal expresses the hope that the rigour of the penalty, which, according to law, it is compelled to confirm, may, in the case of this prisoner, be modified as soon as possible, by his conditional release;
For these reasons and those, cited by the First Judge, which do not conflict with them;
The Court of Appeal:
Taking into consideration Articles 78 of the Decree of the 27th April, 1889; 3, 4, 11, 98, 101 (bis) and 101 (4) of the Penal Code; 2 and 9 of the Decree of the 10th March, 1892, and the Order of the 30th April, 1901;
Declares the appeal of the accused Caudron to be inadmissible;
And, on the appeal of the Public Prosecutor—