The Express.
London, England, 1867-03-26 00:00:00

THE PROSECUTION OF GOVERNOR EYRE.

BLUM= DRAYTON, MONDAY.

At a 'pedal sessions held in the County Court
here to-day, Mr. Fitzjames Stephen, instructed by Mears.
Sheen and Roscoe, of London, applied for the Wile of a
warrant againht Mr. John Edward Eyre, ex-governor of
Jamaica, on • charge of beim/ an acoesaory before the fact
to the murder of Mr. Geo. 11 to. Gordon. _ _ _

Sir Baldwin Leighton, Bart., Chairman of the Quarter
Sessions, presided. The other magistrates on the bench
were Colonel Hill, Major Boughton, Mr. K. Co' rbet, Mr.
Egerton Harding, and Mr. John Tayleur.
Before the proceedings were opened Mr. Thos. Twem-
low, one of the magistrates usually occupying a seat on
the 'bench, rose and said that Mr. I). Hodson and himself,
being subscribers to the Eyre Defence Fund, had thought
it right not to sit on the occasion.
The Chairman said if any one had an application to make
the bench were prepared to bear it.
Mr. litzjames Stephen said he vpeared there by the
instructions of Mr. John Stuart Mill, M.P. for Westmin-
ster, and Mr. Peter Taylor, M.P. for Leicester, to apply
for a warrant for the apprehension of John Edward 'tyre,
now resident at Adderly Hall, in that county, as an acces-
sory before the fact to the wilful murder of George Wil-
li Gordon, in Jamaica, on the 23rd October, 1a65. It
would be mere affectation on his part to suppose the gene-
ral outlines of the events which had given rise to the
application were unknown to the bench. He would, how-
ever, proceedto @peak shortly, first, of the law which he held
gave the bench jurisdiction in the matter ; secondly, of
the facts out of which the application arose ;
and thirdly, his view of the law as applied to
those facts. With respect to the legal provisions which
gave to the bench jurisdiction in the ease he believed
there could be no doubt on the subect, but to save time
he would cite the acts under which Ire moved. The first
was the 24th and 25th Vic., chap. 100, sec. 9, which gives
to magistrates the power to issue their warrant for the
apprehension of any person, being a subject of the Queen
charged with having committed murder or manslaughtei
in any part of the United Kingdom or colonies, provided
the accused resided within the jurisdiction of the magis-
trates issuing such warrant. He also relied upon, the 11th
and 12th Vic., cap. 42, sea 2, commonly known as 'Jarvis's
Act," which contained very similar provisions. Under these
acts of parliament, then, he charged John Edward
Eyre with having been accessory before the fact to a
murder committed on land, to wit at Morant Bay, in Ja-
maica, beyond the seas, in consequence of which he is
liable to be proceeded against in the county in which he
had taken up his residence, and in which they (the Market
Drayton bench' were entitled to issue their warrant.
Such were the grounds upon which he applied for the war-
rant, and he would proceed to state very shortly the feat
upon which the application was based. On the 11th
October, 1865, a disturbance took place at Morant Bay, in
the island of Jamaica. It was considered that the state of
the island war such as to warrant the proclamation of
martial law, and accordingly ruartial law was proclaimed,
under a statute to the provisions of which he should
shortly have to adl their attention. Immediately on the issue
of the proclamation Governor Eyre proceeded in one of her
Majesty's ships to the scene of the disturbance, and there
passed several days in making arrangements fur meeting
the disturbance. He left Kingston on the 13th October,
and without following his movements in detail, it would
be sufficient to say that he spent several days in different
parts of Morant Bay, and on the 17th October returned to
After e coosultatica with the magistrates
at Kingston, some
ton, and in consequence of what was said to pre-
vail in the disturbed districts, Governor Eyre went, in
company with Dr. Bowerbauk, the custos of the country,
and carrying Gordon with him to Morons Bey, again seal-
ing in her Majesty's ship the Wolverine, and arriving at
Murant Bay on the 20th October. (Mr. Stephen, at the
request of the chairman, here put in the map of the island,
and pointed out the districts he referred to.) The
whole of the island was placed under martial
law, with the exception of Kingston. On the
20th October Gordon was landed at Merritt Bay,
together with seine other prisoners, and was left in
charge of Brigadier-General Nelson, to whom was deputed
the military uiperintendence of the district affected by
the revolt. Gordon having been landed at Morant Bay,
Governor Eyre returned, a court-martial, as it is called,
was held, and proceeded to try Gordon. Ths court-mar-
tial was composed of Lieutenant Brand, LieutenantErring-
ten, and Ensign Kelly. They sat ; and a trial, or what
',refereed to be a trial, took place, the result of that trial
being that Gordon was sentenced to be hung on the Satur-
day, and on the following Monday the sentence was car-
ried out. During the interval between the passing of the
sentence and its execution Nelson transmitted an
account of the proceedings to Eyre; Eyre received
them on the Sunday, read them, wrote two letters
in connection with them, and returned them to
Brand. These proceedings were evidence against Eyre
because Eyre had admitted that he had received there
documents, that he returned them with the letters, and
that they were received by Nelson before the execution of
Gordon took place. These papers all formed portions of a
large amount of evidence which was printed in a Jamaica
blue-book. . .

The Chairman—This is we take it only an application
for a warrant against a certain person, and it will not be
n logo into all that. If you have any witnesses to
call, and they have good grounds for believing that Mr.
Eyre is guilty of munler, the warrant will be grauted.
Mr. Stephens said that the bench would be aware that a
somewhat similar application had been rustle before a Lon-
d•m magistrate and it had been considered necessary on
that occasion that in a matter of such importance he (Mr.
Stephen) should go very fully into the statement of the
case.

The Chairman said Mr. Stephens bad very properly
called their attention to the law of the case, and to his
authorities for the application. lie had then recited facts
which, if proved by witnesses, would be quite sufficient to
justify the bench in granting a warrant.
Mr. Stephen said that in the case of an ordinary appli.
cation for a warrant it would of course be quite sufficient
to say that A 11 believed C D had been guilty of a mur-
der, and then call .t 1i to state the grounds of his convic-
tion, but the present notbeinganordinary case, be thought
the bench might wish him to treat it somewhat more in

After abrief consultation among the magistrates,
The Chairman said that they were hardly of opinion
that it would be necessary for Mr. Stephen to dwell any
longer in his introductory speech. The only application
before the magistra.es was for the issue of a warrant, and
Mr. Stephen could call the witnesses to prove the
simple facts usually required to be in evidence before •
warrant was granted.
Mr. Stephen said the question was one more of law than
of fact, and he thought, therefore, that the court mi;ht
permit him to proceed with the statement of his ease, as
wee done in another (murk

The Chairman said their only desire was to prevent
more speeches being made than was necessary, and they
could not be guided there by the course which had been
taken in another court. The chairman further intimated
that it would be necessary for the prosecutor to be present,
in order to enter in:* the usual reeognieinoes to prosecute.
Mr. Stephen said the prosecutor would be present when
the case came on for examination.

Mr. Stephen then called
Dr. Abe Fales—l am a surgeon practising in Jamaica.
I was acquainted with Mr. George William Gordon. He
is dead. Mr. Gordon was of Kingston, Jamaica. From
what I know of the circumstances of his death I believe he
was condemned and ciecuted without proper evidence to
warrant such an act. I believe his execution was illegal.
I believe it to have been murder in contemplation of law
in those who were connected with it. I believe that Mr.
Byre was a party to his execution. I have no doubt about
it. Mr. Gordon bad apartments, and his plans of business
was at Kingston. His chief residence was at Cherry
Garden, about six miles from Kingston. •
Sir Baldwin Leighton— Was it in the pariah of Kingston?

Witness—No; it was about 41 mile! oat 4‘the tiwn.
Another magistrate- Was Mr. Gonlon a patient of
yoart?

Witneat—Yes, he wee.
Warldill Wm. Lake—l am a reporter, tribally resident
in Kingston, Jamaica. I knew George Win. Gordon. I
saw him hung at Mnrant Bay on the 2:441 October, 1865.
He was hung till be died.
By the Bench— Provoat-Msrshal Ramsay was the chief
officer present. He conducted the priapecution.
By Dlr. Stephen—l beard him tried. He was tried by

Lieutenant Brand, Lieutenant Errington, and Ensign
Kelly. Colonel Nelson was not at the trial ; he was at
the execution.

A magistrate—l think you said he was commanding
dhow in the district'
Witness—He was.
Sir Baldwin Leighton—Was Governor Ere there!
Witness---I did not see him.

Dr. Fickle; r;al-I.e7l,—;77;amined by Mr. Stephens— I
was present when Mr. Gordon was arrested. He was
arrested at Headquarters-house, in Kingston. He went
there to meet any charge that might be brought against
tar. Governor Eyre arrested him. He said it warn neces-
sary to apprehend him, or words to that effect. Previous
to this Gordon said to Mr. Eyre that he had heard there
were charges against him, and he had coins to meet any
charge that might be brought. Mr. Eyre further said he
could not permit Mr. Gordon to leave without an escort.
Mr. Gordon then got into Mr. Bowerbank's carriage, which
was followed by a few mounted volunteers. I did not see
Gordon again.
By the Bench—There was no written warrant.
Sir Baldwin Leighton—What ground have you for be-
lieving Eyre to be subject to this charge?
Witneas—He personally apprehended Mr. Gordon. Also
from his having accompanied him to Morant Bay, and con-
firming the sentence of death.
Sir Baldwin Leighton—then your private opinion is that
Mr. Gordon was illegally put to death?
Wawa—Certainly.
After this witness had been examined, the Chairman,
addressing Mr. Stephen, said the bench were of opinion
that it would be necessary for them to see before them the
prosecutor in the ease, in order that he might be bound
over to prosecute in owe the warrant was panted.
Mr. Shan at once volunteered to sauna the office of
prosecutor, and was requested to enter the witness-box.
Mr. Shaeu—l ha in London, and am • solicitor. I
am the prosecutor in this case. 1 charge Mr. Eyre with
being an accessory before the fact to the murder of George
William Gordon, which took place at Meant Bay on the
23rd October, litli,i. I have good grounds fur thinking that
he is guilty of the offence. I apply for a warrant to
arrest him.

The bench here consulted while the depositions were
resat over to the witnesses.

Mr. Stephen—lf your worships will permit me, I
would like to make an observation at this point. The
section of the act under which these proceeding* are taken
is extremely general, and leaves it open to the ma-
giatrates to issue either a summons or • warrant.
If the bench is of opinion that they can issue a
summons in the place of • wanant, we should
prefer to have the summons. We have no wish to do
anything that Is unnecessarily harsh. If there is any
arrangement that can be made to prevent the infliction of
the slightest possible inconvenience upon Mr. Eyre, the
prosecution will he most happy to adopt it. Mr. Rose
said he was present there on behalf of Mr. Eyre, and he
had only to say that Mr. Eyre was ready at any hour or
any day which the court might fin to be present and answer
the charges brought against him ; only be did not in any
way recognise the Jamul.' committee. Mr. Gifford, who
had been retained to conduct the defence of Mr. Eyre, was
at present at Prosteign, but he could be at Market Dray-
ton in time to proceed with the Mae on Wednesday.
The warrant was then signed, and the proceedings were
adjourned till Wednesday.

STRIKE OP ENGINE-DRIVERS ON THE BRIGH-

TUN RAILWAY.

The following notion was issued last night by
the company :
The directors were not without hope that the reply
which they had given to the memorial presented by the
enginemen and firemen would have solved the pending
difficulty, but they must now inform the public that the
majority of the enginemen and firemen tonstituting the
staff of this railway, have notified their intention of re-
tiring trout the service, nuke" their demands are satisfied-
At a further interview to-day, satisfactory explanations
took place, and an agreement was come to as regards shed
days, Sunday work, the number of miles to be run as con-
stituting a day's work, amounting in the aggregate
to not more than 7ZiO miles per week—all beyond that
number to be counted, and prod for as extra. The board
also, though deeming the demand unreasonable, and not
for the permanent interest of the men, conceded that each
day should be canted as ten hours, instead of as a tenth
of GU hours ; although, in practice, the day's work on this
line is limited very frequently to lea' than five hours.
Thu rate of wages paid by this company is so liberal that
nu permanent loss will result in conceding the scale asked.
The directors were therefore willing that the minimum
pay of drivers should be Gs., progreaaing upwards to
7s. Gd. per day, and the minimum pay of firemen 3s. la,
advancing to 4a. Gd. per day. But the durum' that all
engine-drivers and firemen shall be advanced to the maxi-
mum scale of wages, after a few months' service, without
reference to their ability, is so wrong in principle that the
board cannot reconcile it with their sense of duty to con.
sent to such a demand. Should the engine-drivers and
firemen act on their notices and retire, the directors will
at once reduce the number of trains and the present
speed, so as not to exceed in any case a maximum of 20
miles per hour, and they will make available all the re-
sources and means at their disposal for safely working as
many trains as practicable, and will spare nu exertion to
replace the staff at the earliest possible period—By order,
ALLEN Santa, Acting Secretary.
London Bridge Terminus, March 2'.

What took place yesterday on the subject may be
briefly stated. The drivers and firemen waited upon the
Brighton board, at the Lundon-bridge terminus, au under.
standing having beeu come to on Friday week last that
the notices to leave the service of the company on the
following Tuesday ahould nut be acted upon, and that the
men would continue to work their trains until yesterday,
in order to give the board time for considering the whole
question of the dispute. It appears that the scale of
wages which the directors proposed to pay to the drivers
was an increasing one of tit. per day every 12 months
until it reached a maximum of is. lid. per day ; and that
the pay was to woman,* at Gs. per day. The proposition
of the men was that the increase of lid. per day should
take place every six mouths, they stating that they would
be satisfied to receive is bd. per day after two years
instead of lit months' service. A very strong objection
was made by the men that the proposed increase of wages
would take place at the option of the locomotive superin-
tendent, and that objection was summated by statements
made by them that such a system would encourage
favouritism, of which they had complained fur a long
tune past. With the exception of these two points the
I requirements of the men were acceded to. The depute-
thin which waited upon tht board of directors yesterday,
refused to come to any compromise, and left the beard.
room stating that none of the men would run a single
train this murmur. At 11 o'clock last night the men had
left their place of meeting in Touley-street, and unites a
special agent should he sent down the line with an inti.
motion that the men's terms were acceded to, the
bility is that this morning ti attic will be in a great
measure, if not wholly, suspended.

On Saturday 968 engine-drivers and firemen of
the Newcastle, Leeds, York, and Malton sections of the
North Emden, ltailway—but not including the Stockton
and Darlington section—sent in their notices to cease
work on the 20th of April next, unless in the meantime
the demands of the men were conceded by the beard. The
men have taken this step in consequence of the non-
acceptance by the board ut the " scale" system of wages
proposed by the men, although they ) ielded 1;d. per day in
their demands, and were satiatied with the director*. con-
ceseions as to the number of hour*' labour being reduced
from 12 to 10. The Stockton and Darlington men are ex-
pected to support their comrade* of the other sections, in-
asmuch as they supported the Darlington men during
their grievances some time ago.

Mr. H BEARD'S CHU/tuft RATE lit I.L. —Mr. Hard-
castle writes :—" I think it is as well to remind the
readers of Mr. Hubbard's letter that the power of re-
covery it contains is entirely unneceoatry, rs ..0 church
rates are prospective—that is, levied and recoverable for
future, nut fur past expenditure. To use the words of a
decision of Loril Denman, 'lt is the duty of a church-
warden to take care that be has funds, and to pay ready
money.' The fact is that all these 'schemes of registered
exemption go on the assumption that some ratepayers
will forget, or will not dere, to claim exemption, and the
power of legal recovery is only introduced to give an op-
purtunity of profiting by timidity ur neglect."
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