The Sun.
London, England, 1860-01-16 00:00:00

fortunate men were Abraham Rock, a man ofcolour,
and Rosewell, the steward.
Mr. Stokes said he represented the American
Government, and he had to present a protest, under
the treaty of Washington, against the jurisdiction
of the magistrates, together with a letter from the
American Minister, authorising him to appear and
to protest against the jurisdiction. It was a matter
which the American Government only could en-

;ertain. It was their wish and intention that an

inquiry should be made by the consul into the cir-
cumstances of the case, and if it should prove that
these offences had been committed, then, on behalf
of the consul, he should request the aid of the
civil power for the purpose of obtaining the custody
of these men and remitting them to their own
country.
_ _ _

Sir 11. P. Gordon—Do you present a written re-
quisition for the detenion of these men ?

Mr. Stokes—l do not; but if the magistrates
decline the jurisdiction and dismiss the case, I shall
invoke the civil authority in aid of the consulate
and the detention of these men.

Sir H. P. Gordon—What is the charge against
the men—that the offences were committed on
board an American ship within British waters?
Mr. Superintendent Campbell—Murder upon the
high seas.
Sir H. P. Gordon—Within a league of the Eng-
lish shore ?

Mr. Superintendent Campbell—One case oc-
curred not quite within a league of the English

coast.

Sir H. P. Gordon (after consulting with the
bench)—We are of opinion that we are bound to
discharge the men.

Mr. stokes—l have to request, then, that the
men may be escorted to the ship. I ask the magis-
trates to give us the aid of the police to take the
men on board the ship.
Mr. Damant—You state yourself to be the agent
of the American government. Are you not, in fact,
the agent of the captain and officers of the ship ?
There was no reply to the question, and after
some discussion,

Mr. Stokes withdrew his last application, and
simply objected to the magistrates' jurisdiction.

Sir H. P. Gordon said—Gordon Hires and Ed-
mund Lane, you, being American subjects, have
been charged before us with the murder of several
persons on board an American ship, and not within
British waters. No formal requisition has been
made to us for your detention, as necessary under
the treaty with the United States. You are there-
fore discharged. The matter now rests with your
own government.
The Guildhall was crowded, and the decision was
received with a storm of hisses, hootings, groans,
cries of " Hang 'em," and every other possible mark
of disapprobation. It was for a considerable time
impossible to quell the disturbance, and when order
was at last restored the crowd rushed out, and
joined an immense crowd assembled in the street,
with the view to give the accused mates a rough
reception. The men were therefore permitted to
remain in the ante-room, under the protection of
police officers. In a few minutes
Mr. Thompson, the United States Consul at
Southampton, arrived from Paris, via Havre, and ap-
peared before the bench with a written request to
return the men to the ship from which they had
been taken under the magistrates' warrant, and
that the justices would render him assistance to hold
them until he had made his investigation.
Sir H. P. Gordon, after perusing the Act of 6th
and 7th Victoria, chap. 76, said—l am afraid that
we cannot now move in the matter, under the law.
If the men claim the protection of the police from
this place to their ship, we cannot deny it ; but if
they do not wish to return to the ship we cannot
yet interfere. We may protect them from violence,
but cannot place them under any kind of restraint
—they are free men, and simply in the position of
free men applying for the civil protection.
The bench gave orders to Mr. Superintendent
Campbell that the men should be conveyed under
the protection of the police to Cowes ; that the wit-
nesses must also return on board ; and intimated to
the latter that they would be protected while the
ship remained in British waters, so that if they had
any complaint it must be made to the police at
Cowes.

The superintendent of police had in his possession
the mallet and belaying pin, and also a steel instru-
ment called a " knuckle-duster," alleged to have been
used in torturing the coloured seamen. The captain,
who is not implicated by the evidence, informed our
reporter that the mates as well as the crew had had
yellow fever on the voyage, and it was to death by
that dreadful disease that the mates attributed the
disappearance of the " darkies," as he called them.
The captain is a young and very intelligent-looking
man. The chief mate, Lane, has a true American
physiognomy—a thin face, with long, light-brown
beard, without whiskers or moustache. Hires, the
second mate, is chubby, not yet 21 years old, and
has a dark complexion and hair. A smile passed
over en eh of thei- .--,,ntenances wl-
-I.ad ebt.