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THE JAMAICA PROSECUTIONS.

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THE JAMAICA PROSECUTIONS. X--on and Lieutenant Brand appeared at Stenl1p,Uet' ^ice Court, on Tuesday. Mr. Fitzjames cutiV"^ Horno Payne appeared for the prose- Bristol ted bv Messrs. Shaen and Roscoe. Mr. tenant r^'v11^ on behalf of the Admiralty for Lieu- tlie \Vlrn an<] Mr. Claude Scott, solicitor for the asked H,, /Ulni(,nt, for Colonel Nelson.-Mr. Bristowe stand "lef Magistrate to allow the defendants tc tlwi f01? ^e floor of the court instead of being place <(.,]. j, i 'to whicli Sir Tliomas Henry at once assen tlleL ?t,tllo,lffendants declined to avail themselves of liege, and remained in the dock. the 'St"rhon proceeded to state the case on behalf ol irinn °S.ecu''°n" He said In opening this important wU1 be necessary for me to trespass for some «ngth upon your attention, in order that the gentle- Shi stand at the bar may understand the exact mature of thP charo-e brought against them by the pro Biters in this case It fsno Ly matter, in conduct- *ng a case of :his ki^ to abstain on the onehand from speakm* with which will be most improper 0n every ground a nd to prevent on the otherthose who anj Dotaccujt..med to the manner of conducting cnmi- »al prosecutions from receiving false ifflPress:ions *si to tlje Position in which the prosecutors stand. It is sup- Posed by some— f Sir Thomas Henry I do not think it is necessary for you to go ii2t,) those matters. Mr. Stephen: T have been very much pained to see the extremely violent opinions which have been ex- pressed on both sides in the discussion of this case Sir Thomas Henry: You very properly steered cleai of all that. Mr. Stephen An impression appears to be enter- tained by some persons that I treated the case as if I felt that it was not a very serious prosecution. With re- ference to that opinion, I have only to state that those who have undertaken the prosecution have the fullest sense of the i esponsibility attaching to the course which they have adopted. As to the facts with regard to the arrest and execution of Mr. Gordon under martial law, it was a matter upon which there could be no dispute. The question to be considered was whether he was legally executed. He contended that the whole pro- ceeding was illegal from the very beginning. He based his argument chiefly on the following points :-First, that except so far as it was modified by special and local acts, the law of England was the law of Jamaica; that the Jamaica acts were to be construed by the common law of England. He should at a proper stage call Mr. Phillips, a distinguished English barrister, versed in the law of Jamaica,to produce a variety of documents, acts and precedents to prove that proposition. If it should be made apparent (as he did not think it would) that the intention of the Jamaica acts was to establish a state of things that was unknown and was repugnant tc the Jaw of England, that intention was not in operation because it was ultra vires. Martial law was not defined in the Jamaica acts they seemed rather to treat it as something the existence of which they assumed. He ^°'itended. however, that martial law could only be egal in Jamaica, in whatever service it was, when it was legal in England. That is, that it was a notice to wl 't might concern of a certain state of facts, quit in the opinion of the authorities, rendered it lnea necessarv to resort at once to the most extreme eioo crfTu' ani| the use of military force for the suppres- martial i state of things. If it were considered that different "V" Was a setting up of a system or code of law ^hieh di,i r°?\ tlie ordinary law, that was a power But he ir ? belong even to the Sovereign personally. wpre tain? J nded thut the whole of the proceedings Which ith the vice of the original proclamation, effect i k y itsplf illegal. The proclamation was in tants nf f declaration of war against the mhabi- Kintrcf county of Surrey, except m the town of not fi! Now- he contended that the Sovereign had a J he POW"r to declare war against her own subjects, p lJ( that even traitors could not be held as the Queen's Ernies. Enemies, in law, could only be those who ,,ere out of allegiance to the Sovereign. It was held that when the King had conquered a country he had the legal right to put all the inhabitants to death-to Exterminate them- So, if this could be done, the officer in command would have absolute power of life and death over Her Majesty's subjects in that locality. The dis- tinction he made as to the legality of martial law was that it was legal for the purpose of suppression, not for punishment, except so far as that punishment was neces- sary for suppression If even the proclamation were effective, it could not justify the punishment of Gordon for what he was alleged to have done before the date of the proclamation. There could be only two modes of defence to the charge—one was that the proceedings were lot;al, and the second was that legal or not it was necessary for the preservation of the peace. He con- tended that as to the legality there was at least a very fP'ave question indeed, which he was sure the learned "OllgiRtrate would not deal with. As for necessity, he 1I:1Ight rest himself contented with saying that when a tnan was put to death the onus of showing that the act Was necessary or justified rested with the parties autho- ring the nroceeding. But it was one of the singular features of this case, that tliey had the motives of the actors stated fully, frankly, and he believed fair- even by themselves. Mr. Stephen then proceeded to thfi8Wier tl,e circumstances of the trial to show that th Was 7,0 necessity for the execution of Gordon, and Wa 6Ven ^ie Part*es themselves did not think there Was, or Put it on the ground of necessity. General Nel- 0 had gtatod in his memorandum approving of the sen* 0 nce, that he did not order the execution of Gordon on Und.-iy because the state of the country did not render 1 ^ecessary. And if not necessary at that time, nothing •>ad occurred on the Sunday to render it necessary on lhe following day. The fact was, that these gentlemen acted, not from any belief that the execution of Gordon Was an act of military necessity, but they had power Punish him for the use of certain language by which .bey considered that he had instigated the rebellion— *0 short, been use he was an agitator. It was one of the In short, been use he was an agitator. It was one of the jn°st remarkable exertions of power ever known in his- ™rV. and lie contended that it was an act for which the *jQglish law had no other name than wilful murder. He ^sed that, word in its legal sense, and not with an inten- tion to use harsh language, or impute any other motives than those of men who thought they were justified in what thev did. Dr. Fiddes was then re-called, and examined by Mr. Horne Pavne, and Mr. Lewis by Mr. Bristowe. They repeated their former evidence. Mr. Bristowe said that Mr. Roundell had thought it b's duty to hand over certain papers to the Colonial Secretary. They were now brought to the Court by a clerk from the Colonial Office, who would be sworn to produce them, and would hand them as required to Mr. Roundell, who would be sworn to put them in, and state This form having been gone through, Mr. Augustus Lake, of Kingston, -Tamacia, reporter forthe press, said that in October, 1865, being the reporter of the Colonial Stvn<larJ, he was instructed to go to Morant Bay im- pifdiately on the outbreak. He left, Kingston on the :|3tli of October, and remained till the 2nd of November. Ye saw no disturbance during that period. It was his duty to look for any thing of the sort and report i He Was present at the court-martial and took notes of the Proceedings. (Produced by Mr. Roundell.) He had handed those notes over to Mr. Roundell when he gave I duty to look for any thing of the sort and report i'. He evidence before the Commission. He could swear to the accuracy of those notes. They were not in short- band. The evidence was given very slowly to enable Lieutenant Brand to write it down. He was the presi- dent. Witnesses were examined, and Gordon made a defence. Witness remembered, though he was unable to discover it in his notes, that Gordon wished to call Major, when the president said he was not in Court, and that he was not in the Bay. Witness was at the execution. Col. Nelson was there. Mr. Brand was not. Sir Thomas Henry said he did not see that this wit- ness proved any more than was already given in the evidence of Mr. Lewis. Mr. Bristow said it might be necessary to call him at a later stage, and in that case it would be made a matter of remark if lie had not been called before the magis- I trate. Mr. Roundell then put in the whole of the documents relating to the court-martial, as produced before the commission. The minutes of the proceedings of the coui t-mnrtial were then read over. The accused were remanded, and bail was again accepted.

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