The Express.
London, England, 1868-02-27 00:00:00

'Mr. Mill and Mr. Taylor occupied meats on the bench.

Mr. J. Horne Payne was with Sir H. P. Collier.
P. Collier said he was instructed by Mr. Mill and
11r. Tqlor to apply for a warrant against Mr. John Edward
the charge of having been accessory to the
murd.er of Mr. John William Gordon, at Mount Bay,
in .I..mica, on the 23rd of October, 1865. The applies.
*ion was made under the 24th and 21th Vitt., a. 100,
and toth and 11th and 12th Pict., c. 4, by
a Lich any person might be tried in this country for a
lairder or manslaughter committed in the colonies. It
n.;;ht he said that these proceedings were taken
. -mnewhat late period considering the date at which
dieged t.tienoe took place. Upon that point be must
~tmn that at the time when a warrant was applied for
uht.ined against General Nelson and Lieutenant
l•• princirtla, it was intended to make the applies-
.• ~gainst Mr. Eyro as accessory, but it was found
:!. wax not within the jurisdiction of the court at the
It was matter of common knowledge that at that

application was made to the magistrates in Shrop-
within whose jurisdiction Mr. Eyre then was, but
i.• I.nlotrued that Sir Thomas Henry would not consider
bound by their decision, but would ex-
,:• hi. own discretion. Moreover, that decision
a., given prior to the delivery of the charge of the Lord
thhi Justice to the grand jury in reference to the cue of
N,l-..n and Brand. That charge bad since been published
L. tho Lord Chief Justice, with notes, &a., by himself,
..101 with a luminous statement of martial law. It was no
,I,l,,ragenient to the justices to say that if they had been
lo.onted with all the learning and authority upon the
.i.j.ct, they would have come to a different eon-
C...sion. It was it peculiarity of English law, and he
for one ventured to think it a defect, that there was no
p•J,lie prosecutor, no official person charged with the duty
f bringing off enders to justice,that it was left to the action
private individual., and but that they did it fre-
q.. idly from a sense of public duty many great crimes
• 0,11 enape without punishment and even without in-
Those who instructed Lim were certainly not
id by any personal motives, but by a very painful
..r duty, believing that a great crime bad been corn.
...NJ that a British subject had been put to death
a ,:hoot warrant, and under circumstances that constituted

i• the law called murder ; and they considered that a
Lt. ; important matter, 111 affecting the tenure under
..,„ itrin in the colonies, and, indeed, in the Brit.
t. hquinions, holde hie life and property. Sir It. P.Collier
No,. sled to give an outline of the circumstances
.s., I. i which the execution took place, and of the legal
upon which it was contended that it

.1 to murder. The learned gentleman's loge.
,n this head were to a great extent iden-
th with three urged by Mr. Fitxjames Stephen,
it, .4 Nelson and Brand, end Sir IL P.Collier sup-
pit d thud by reference to authorities, and especially to
of the Lord Chief Justice, from which he made
r "tracta. Having, in the course of that portion
speech, contended that it was not mi.
f,s.try to prove express malice ; he now went
0). to say that there was evidence upon which
could submit, that a jury would be justified in finding
ti Mr. Eyre was actuated by express malice.
had been a long fend between Mr. Eyre and
t.ordon, and in one instance Mr. Eyre's
t had brought upon him a severe censure from
tt., hake of Newcastle. After entering into the

.ict..11,..1 the disputa between Mr. Eyre and Gordon, and
from the oorrsepondence, Sir R. P. Collier
1..; to contest that the Act of Indemnity paired in
lid not liar proceedings here.
‘II Till$1:131 henry aid it was not neeaaary to argue
1,,..t point, as it had been decided iii.the Nelson and Brand

sir I:. T. Collier, in conclusion, said that if the warrant
4 granted he did not propose to ask that it should be
eitted, as no doubt Mr. Eyre would voluntarily attend,

General Nelson and Lieutenant Brand had done. He
.included by reminding Sir Thomas of his own concluding
words in IMMDliag up in that case.
:nr Thomas Henry said that was before the delivery of
tie charge referred to by Sir B. P. Collier. In that charge
Il the arguments used by Sir B. P. Collier bad been so
put that it would be impossible to state them more
fercddy, and the grand jury had thrown out the
bill. lie was not aware that there had been a ease,
there certainly bad not during the 2$ yearn that be
had presided on the bench, in which, after the grand jury
had ignored a bill against persons charged as principals in
murder, • magistrate had issued a warrant against an
.ecessory. He did not think that he ought to establish
such a precedent, and he therefore should decline to grant
•he warrunt. That, however, would not preclude the
pro.ecutors from preferring • new bill before another
(rand jury if they thought fit.

HU.VDAND AND FORTY-ONE ENGLISH
VESSELS LOST.

'the accounts which have reached Liverpool from
tourcesare to disaffect that during thepastmonth no
- than 141 ships carrying the British flag were lost. In
ction with these losses the number of lives which
"lied are greatly in excess of those of former disastrous
• The barque Kitty Pinkham has been run down off
mfa by tho German barque Bird of Bergen, but no lives
reported to have been lost. Captain Cole, of the ship
Ai.. !deco, which has reached the Mersey from Callao,
ts fearful weather on the wage home. On the lst
.laLuary, a heavy gale from the S.S.E. set in, and carried
-a ..y the maintopsail, and main spencer, spanker, fore.
staysail, and bulwarks, and swept the decks. The
..11. laboured so heavily that the decks were continually
P.o led with water. The gale continued until the llth,
h• ii the fore and wizen masts were both sprung, and
''al per and lower foretopeail, foresail, three jibe, maintop-
..it-staysail, and foretop-gallantsail were blown to pieces.
!..l.tain Cole endeavoured to reschCork, but he was forced
the gale on to Liverpool, which the Aberdeen reached
west disabled state.

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