The Express.
London, England, 1868-06-02 00:00:00

COURT OF QUEEN'S BENCH.

TO; PROSECUTION OF ZX-GOCKLIfOItZTIUL-CHABGE TO THE.
GRAND JURY.

The Grand Jury of the county of Middlesex was sworn
n this morning in the Court of Queen's Bench, before Mr.
Justice Blackburn. whose duty it is, as senior puisne judge,
to amherge the duty of what is commonly known as
.I...iging the jury when indictments are about to be pre-
- ntt d before them. _ _

His Lordship said they had been summoned as the grind
..iy of the Queen's Bench in the county of Middlesex, to
in lire into the case, of which they had all probably
ad. viz., that of Mr. Eyre, ex-Governor of
In ldrLi Mr. Eyre was Governor of Jamaica,
I in October of that year an insurrection broke
eet in that colony, and what they had to investigate
...s whether he exercised legal or illegal steps in putting
tor„ that insurrection. Now it could not be disputed
that the government of a colony, in council, bad the
pia, r ef proclaiming martial law, and sending troops into
v.. pr.( 'aimed district in order to summarily suppress an
,u-erection. That had been done in this instance and
as el a period of thirty days after the armed
it,urrection had been pat down, and the question
5.,, a nether in what Mr. Eyre then did he did that which
e., Is- Ins criminally responsible. It was of the greatest
, bane that the law should be correctly known, and
r he had fullyexplained it to them they would have to '
..11,4 it to the facts. It was his responsibility to
I.y Juan the law, and theirs to decide the
1,5 t, and say whet ought to be done. By an actpassed soon
. fir the revolution in the reign of William 111. it was
meted that charges made against Governors of Colonies
.meld be tried in such county as the King by his commis-
• -is .hould point out, and by a subsequent act, the 42.. id
• a. 111., c. Si, it was enacted that any governor guilty of
y aline, misdemeanour, tic., under the execution,
• ...our, or in the exercise of his office should be tried in
sten's Bench by indictment found by a Middlesex
Aid fury, and afterwards tried by a jury
• : aas the same county, the same as if the
ex• had been commuted within the county.
therefore, that Mr. Eyre did was so done
....vernor of Jamaica, and the next important question
e • what aes e the crimes or misdemeanours with which
7.1 It. way charged? It was a question of the greatest
:• that the law should be distinctly laid
...a:, and uuderstood, and to ascertain whether
i. Lel been guilty of • crime, or bad ex-
I hie duty so as to make him criminally respon-
. They woull then have to consider what was the
I. it,, the tole of law in the case of an officer whose
.ty was to put down insurrection, which made him
responsible for any acts he had done.
• Wily and responsibility of such an officer in the
• -man of insurrection must vary according to big
rs by the general law and particular statutes. The
pexers of a governor of a colony were more extensive
..a.l v, ry different from those of a lord-lieutenant
the mayor of a borough, and cense-
ntly what he might be authorised to do, and for what
he w.e. Ithate,thle was different, but the principle appli-
ahh these was the same. About 30 years ago when
the 14E401 nets broke out and much mischief was done,
t:,. ci trot lit thought the then mayor of that city, Mr.
am• y. 1...1 nut esei eiseil his duties as mayor of the city
~. put Log n the riots. The difference between these
~• • ea. that Mr. Eyre was charged with exceeding his
.I.ey and Mr. Pinney with neglecting it. In the
••• .sr at a vial at bar Mr. Justice Littledale

.! it clown that • man who had to put
•• hiot wxx bound to hit the exact line
;I IACI,S of duty and neglect of it, and that
w.u., whether he had done what, in point of law,
• .• ared of I The question left to the jury in that

• v nlether Mr. l'ioney Lad done all in Lis power
t. • .ppie,. the riots that could reasonably be expected
• . .....,u of ordinary firmness, prudence, and modem-
' . Amm who so neglected his duty was criminally
.• -; ....dile. Now he could not strictly define what made
..n e. iminally responsible, because a great deal must
on the individual case, and he left to the common
of the grand jury to may whether the degree
• t.,dure of duty charged was criminal. He
must tell them that if an officer did an act alto-
• ti... ts•yend the powers conferred upon him, even to the
•'s ~t ion of s colony, although it might be good ground
•• the act of indemnity or the exercise of the
prerogative, it was no bar to a criminal
pruwevition. Honesty of intention was no doubt
-r...t.:y in favour of a man charged with a misde-
- • ~...at in the exercise of his duty, but it sou not in
. .

'• If conclusive in hls favour. It was a very important
11...nu.tsoce in the consideration of the wise, but he
s'••‘%l—uud to tell them that a governor of a colony
hound to exercise ordinary firmness, judgment, and
n. • h ~.uun, and in such a C.ll/0 the jury had to determine,
:;,.;, wi.ether the circumstances were such that what was
,• was done in elates of duty ; and secondly, whether
-.on placed in Mr. Eyre's position, with the informs-
•n he possessed, using ordinary firmness, judgment,
.•I moderation, could have perceived there was
41 excess. Much allowance must be made for the difficulty

•.1 Mr. F.yre's position, bat not too much, and which had
awe or kin always to be determined by the jury. It was
bound to define, as he had said, what excess
would make Ur. Eyre criminally responsible, and must
he considered much as a question of common sense to be
d-cided by a jury, taking all the facts into consideration.
Tile extent of Mr. Eyre's responsibility must depend
the law then in form in Jamaica. The
I..aued judge then at considerable length pointed
the law as applicable to colonies, known
• • ,ottleil colonies and conquered colonies. There could
no doubt that the law of England was applied to
1.0..ica as a conquered country by the prerogative of the
• .•••in in the time of Charles IL, and that whet was the
I in this country with reference to martial law was
ophoas.le to Jamaica. That bad been altered by the
i...sed by the Jamaica Legislature, and the question
• o bat power more or less had been given to them for
declaration of martial law in that colony. The learned
thou ievieweil the law of this country with

toe to the declaration and exercise of martial

••• %an, Magna Charts down to the present time.
-11 to keep up inertial law for a period of
• • • u.q- afar an armed resistance had been tint down, and
poanbility of trying prisoners b' the ordinary
of the country was re-established, was un-
' "a„61... and no one could doubt that it ex.
.•••• d•..i n... 01 the prerogatives of the crown. Upon
t!"'`: they thought them proved, it would
• then duty to return the bill, and have them further
into. A third and great question was that Mr.
thirtion and tour others to be brought into the
i•nKlaimeil district and tried. Gordon, u they all knew,
"••• x••••utr•1 The others were afterwards tried, and one
three acquitted. In dealing with that por
t'. of the case they must consider what were the motives
• !•1 •At:unistances which induced Mr. Eyre to cause
1:01.1i•n to be remyved into the proclaimed
There could be no doubt that Gordon
" . pestilent firebrand, in close communication
c I .same violent language with those actually in insurrec.
t•••!.. and when they murdered the costae. He did not
think the evidence against Gordon amounted to more than
t• lie thought be was a violent pestilent agitator,
wh,ne injudicious language caused the rebellion,
.t tibia he was not a party to an organised
•onspirscy for a rising throughout the island. It
I". however, generally believed at the time that be
4" 10, and no doubt Mr. Eyre really believed ti at he

Barometer corrected and reduced to 12 dog. at sea level. The
letters r (ruing:, f (filling , s steady), indicate direction of mo-
tion of the mercury within LA 14 hours. Thermometer ex-
posed in shade. Extreme force, with its direction during last
24 hours. Z.—i.ains. Weather : b.—blue sky ; c.—clouds (de-
tached' : f.—fog ; h.—ball : I.—lightning : m.—musty Naar ;
o.—or eresst :dull' r.—rain : s—snow : s—thunder.
snow or hail (melted„ daring last 24 hours. Sea
dis-
turlruca.