The Express.
London, England, 1867-02-23 00:00:00

THE JAMAICA PROSECUTIONS.

runTtim: EXAMINATION OF COLONEL NELSON

.INli I.IErTENANT I;ILtND.—ITHIb DAY.)

Sir Thiiiiiits Henry, the chief magistrate, again
sat at Bowoitmet police-court, this morning, specially to
hear the further proceedings in the prosecution of Colonel
Nelson and Lieutenant Brand for the murder of George
William Conlon, at Morant Bay, Jamaica, in MI.
Mr. Fitzjames Stephen and Mr. J. Home Payne, in-
structed by Meson,. hhaen and Roscoe. prosecuted ; Mr.
Ilannen and Mr. Poland, instructed by Mr. (lode, solicitor
to the War-office, appeared for Colonel Nelson ; and Mr.
Bristow, solicitor to the Admiralty, for Lieutenant Brand.
The prisoners were again accommodated with seats at
the attorneys' table.

Mt. Stephen said that Mr. Philippe wished to correct
one or two errors which had arisen in his former examina.
tion, and theme was also one or two points which he, Mr.
Stephen, wished to clear up.
Mr. Philipp° was then recalled.

St.plitn-- I understand that you are acquainted with
the law and history of Jamaica.
Ni. 'laymen objected to any evidence of history.
Sir Thonias Henry—You must take it as matter of law•

The witness then stated that an act was passed by the
Jamaica Legislature, in 1664, declaring the law of England
in force in Jamaica. At that time the legislature
had power to pass law which remained in force. There
was no further attempt to legislate till MA;. In the
meanwhile the powers of the Assembly had been altered,
giving them authority to paha permanent laws, unless dis-
allowed by the King. In that year u similar statute (de.
daring the laws of England in force in Jamaica) was
passed by the legislature anti remained in force till dis-
allowed. It was disallowed, and so were two subsequent
acts to the same effect. During the interval it remained a
matter of question to what extent the laws of England
were in force in Jamaica. This state of things arose from
a question as to the right of the King to tax the people
of Jantaic.i. The legislature refused to pass an act to
provide for the permanent revenue.
' Mr. Ktephen— And the King claimed to enforce what
laws he please(l?

Mr. 11.dinen objected, and Mr. Stephen did not in cR.I the

question.

The witness then went on to state that the Ist George
11., c. I, declared that all laws of England previously held
to be laws of Jamaica should be and continue so for ever.
The 4th ic., c. 11,, repealed that act, but re-enacted the
section as to the laws of England.
Mr. l'hilippo then proceeded to correct some inaccuracies
in the former statement, for which purpose he was allowed
to revise the depositions.
Mr. Barnett, the shorthand writer, was recalled, and
produced his notes of the examination of lieutenant
Brawl before the Jamaica Commission at Spanish Town,
Jamaica, and spoke to the accuracy of the transcript as
already published in the Blue-hook. He statvil that 'a-
fore being examintsl Lieutenant Brand was cautioned
that lie was not bound to answer any question which he
might consider adverse to his interest.
The passages held to be material by the counsel for the
prosecution and defence respectively, and marked by them
in consultation, were entered on the depositions. As,
however, it was found that some misapprehension haul
arisen with regard to one or two passages, Sir Thomas
Henry suggested that Mr. Banuett should put in the whole
of his notes, and then either party could refer to any
question they pleased.
Mr. Barnett, jun., who assisted his father in taking
notes of the proceedings of the commission, proved the
transcript of a portion of the examination of Colonel
Nelson.

Mr. Bounden produced several documents, amongst
which was the draft proclamation.
In answer to Mr. Bristow he wu not able to my
whether it was in the handwriting of the Attorney-
General.

Sir Thomas Henry said it was quite clear that he was
present.
. . . .

Mr. Bristow—Yes, sir ; but I can prove that he actually
wrote• it with his own hand.

This was the case for the prosecution.
Mr. Hannen, for Colonel Nelson, contended that what
had Ixen done Ay the defendants was legally justifiable.
The learned gentleman was proceeding to maintain that
both gentlemen ought to be discharged when our report
left.