The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-05-23 00:00:00

THE PROSECUTION OF EX-GOVERNOR

EYRE.

The proceedings in this case were resumed on Tuesday
morning, before Nit.. Vaughan, at the Rn a--street police-court,
iii Lone Tlic prosecution was conducted as before by Sir
P P. Collier and Mr. Horne ta no.
Mr. Lake was recalled awl produced his notes of the pro-
ceedingi.i :it Morant Bay. and also a cmiy of them Oneh io
evidence before the Corium ksion. From these he gave some
tat, Mid ititer figures which he had not beta able to supply
before.

Ed want Marsh I was a seaman on board the Wolrerrne in
ictober, 1,65, and went down with her to take troops to
oorant Bay—on Friday, the 13th, I believe. We landed the
troops at Morant Bay, anti stayed all night. On the follow-
ing day, Satorday, we returned to Kingston, and went back
to Morant Bay with anus. On the same day I went from
Morant Bay to Port Morant in the Wolverine. Govenuor
Eyre was Oil board. I think he came on board at Morant
Bay. We embarked prisoners from Pint Morant about nine
o'clock at night. We then went to Port Antonio; that was
on Sunday, between breakfast and dinner. Governor Eyre
landed at Port Antonio. We remained there till the follow-
ing day, Monday. on that day they hanged one man
before dinner, and several after. I now the first man
hung and the others hanging. I sax- thirteen hanging,
but can't say that they were all hung that day. We went
next to Port 31orant, and returned to Port Antonio on Wed-
nesday. Then we counted the thhteen men. The gallows
was a pole set up on two stanchions. I recollect George
Williant Gordon. I saw him when he was brought on board,
a prisoner. I WM in the boat lie was taken to
orant Bay. He was some days on board. I took him ashore
in a boat at Moran! Bay. I can't say whether Goverimr
Eyre was on boa d. I handed-liordon over to the Provost
Marshal. I remember Dr. Bruce, a very old man. I re-
member his b,ing taken on bo,rd. I landed him too. There
was no one to receive him, and I haul a great deal of trouble
with him, he was so old. I had to lift him out of the boat;

v iio oiso, ov
.-
0'0;s-examined by Mr. Gdfaril I went on shore several
times, but nut on duty. I saw the schooner that was seized
at Fort Antonio with a lot of kegs of gimp.% der and arms. ;
I towed her bac There were some Ilaytians on board. One
was a general. / don't remember his name. We put the
people toned on her aboard the guard-chip at Port Royal. I
now an American barque there, lull of white refugees, some
of them women awl children. She was full on deck and
everywhere. This WAS on the Sunday after.
By Mr Vitualian : The ship that was seised had a crew of
• ine or ten besides this general.
Walter Re I was in Jamaica in October, 1565 I was a
seaman on board the Irolveri.e. I went to Momnt Bay on
the Lath of October. 1 remember the Governor coming the
next day. Ile came into the tent on the lath of October, at
night. and be real marifal law to us There acme abaft
100 of us in the tent, sailors and marines, After reading
martial law to us he said he hoped we should do our du'y
Next day a party of no, about thirty sailors and twen'y
marines, went to E isiugton, about thirty-eight 'alien Oil
[Here Dlr. Gifford called attention to 11. r. lyre's evidence as

Ito his issuing orders for this expedition]. Lieutenant Wel ,
commanded us. Welled rifles and cutlasses and forty rounds of
ammunition. OUrorders wereto shoot anybody we saw running
away, if we could not catch them. These orders were
obeyed in three places. We saw a man naming behind some
bushes by the coast Twelve men fired, and wounded lihn.
i Me ran into the sea, and Lieutenant O'Connor, of the marines,
' ran down to the seaside with his revolver and shot him I
, don't think the man was armed. Ile offered no resistance,
only he tried to escape. The next was a man who was play-
ing a dubs outside a cottage, lie tried to rim away into the
bush, and our of the marines shot at him said wounded
him. Another afterwards shot hint tail, and two of
them tlinw him into a bush. He did not offer any
resistance, only he tried to run away. I did not hear
him say anything or call out when he was wounded.
There was another case. We had caught a man, and the
marines were massing him all, when he tried to escape into
the sugar cane. He had nearly got there ohmn one of the
ruari..es shot him. Lieutenant WI onnor tried to shoot him
with the revolver, lut it missed, and a sergeant if marines
shot him. When he saw the sergeant of marines pointing
at him he cried, "Don't shoot, massa.- Seine of the other
prisopers said they hail seen him in the market-place,
brandishing a sugareaue knife and inciting the people to
rebel. We met no resistmwe on the road.
Mr. Alexander Phillips, a native of Jamaica black' : I
live at the parish of here, in the county of Middlesex,
Jamaica. I had nothing to do with the outbreak. I was
arrested on the gath I ictober, Icy Lieutenant sinclair and a
body of men. No charge was made against no. I know Dr
finite, He lived is V are. I saw him under guard. Ile wa,
put into a room apart from me. The next day lie was hand-
cuffed, put into a gig, and lashed to it. I was handeuffed,
put into is cart, awl lashed to the cart. We were then taken to
Spanish Tows with art' thee pnamer, and brought
before Mr. Eyre at the "King's Douse," where he lived.
lie ordered the prisoners ti be taken to the volunteer
station. We were talon these and kept about three
hours. Dr. Bruce's handcuffs veer taken it ; but I wore
mine and no did the other prisoners. We were taken te
Port Royal. put on bard the Wolverine, and the next
morning we were takeu to Moraut Bay and given into
custody of Mr. Ramsay, the provost-martial. I was con-
fined at Morant Bay among the prisoners cattail rebels.
My handcuffs were removed, and my hands were tied with
rope. No cha:g • was ever made against me. I never inquired ,
I hail no 0111,1111111ity 14 enquiring. On the 4th November
I was flogged aud released. Four sailors were entered tic
flog me. I had too lashes with a navy cat. I suffered severely
in health term the flogging. After I was Slogged. Lieut.
lianeock told me to kneel down Mid say, - God save the
Queen, and il— the black men." I did as. lie then told
me to go and get my pass and go away.
After some evidence of minor importance, the case was
adjourned.

On Wednesday, Mr. Gifford opened the ease for the defence,
and complained of the manner in which the prosecution was
conducted. Though Sir R. P. Collier repudiated any in,
potation of corrupt motives to Mr. Eyre, and declared that the
only object of the proceedings was to obtain a judicial de-
eiSioll on an abstruse point of law, yet the prosecutors con-
tinued to circulate atrocious calumnies against him. What Mr.
Eyre had a right to complain of was that Mr. Mill,
the prosecutor, had sent t4i the newspapers for publication
a document written, as its date showed, on the 20th t 4
April, after the commencement of these proceedings.
Thus charges which they dare not attempt to prove in
omit were circulated with a view to Influence the case. He
Ii • I not tuitterstana what right the gentlemen floss prose-
cuting had to assume a position as if they commanded the
juri.staltulence of the country.
. . .

Mt. Vaughan said there was involved in this cam a great
deal. For instance, it would be one td the important
questions to be considered by a jury whether Mr. Eyre was
justified in maintaining the proclamation, mid continuing to
execute martial law, not only down to the time of the
amnesty on the 30th October, but down to the 24th of
November, and if the ease rested on no other point, he
should on that point alone think it his duty to send the case
further. Be should be of that opinion if this were the only
charge against hint. But there were two charges—that of
issuing an illegal proclamation, and that of committing op-
pressive acts under that proclamation. Now, it appeared to
his mind that if Mr. Eyre did not put an cud to that state or
martial law at the time when he might have done so, then
he was guilty of oppressio
Sir It I'. Collier said that when he made the application
for the summons, he did enter into that question.
. . . . .

Mr Gitfard said he could not enter MCI what was said at
the application for the summons. lie hail only to do with
what had taken place I luring the actual proceedings.
At the conclusion of the banned counsel's address, Mr.
Vaughan said he should have been very glad if it had been
consistent with his duty to let the case end here, but he felt
that it was a case which lie was hound t n send to a higher
tribunal. .

Mr Eyre, on being called upon to make any statement
In defence, addressed the court in impassioned language
:nut with much emotion, complaining of the persecution to
which lie had been exposed, but declaring his confidence lii
the judgment of the court above, and of public opinion,
being in hie favour.
Mr. Vaughan committA him for trial at the next Court if
Oyer mid Terminer, at the Court of Queen's Bench, anti
bound him over to appear in the sum of £l,OOO.