The Sun.
London, England, 1867-02-12 00:00:00

THE FENIANS AT CHESTER.

The Commander-in-Chief last night telegraphed
to Chester station that 500 Guards would be im-
mediately sent down by a special train. Earl
Grosvenor arrived in Chester by last night's mail.
Large numbers of the supposed Fenians left for
Warrington and other towns during the night, but
there are still many suspicious strangers remaining
here.

There is now no doubt that mischief was in-
tended. The first information was given in Liver-
pool by a man holding a Fenian commission, and
closely coincided with what actually occurred.
At 7 o'clock last night, Mr. Fenwick, chief con-
stable of Chester, had ascertained that there were
1,400 Irishmen and Irish Americans in the city, and
at that time they had formed themselves into bodies
in the main roads,las if to march on a central point.
In the evening a town's meeting was held, and
several hundred citizens were sworn in as special
constables. The Volunteers were also on duty.
These steps, and the prompt arrival of troops from
Manchester, have probably prevented a disturbance
of the public peace.
The strangers appeared well officered and under
complete control ; they arrived principally by the
Liverpool and Manchester lines.

10.45 A.M.
The Scots Fusilier Guards (Ist Battalion) have
just arrived.
Two havresacks and a quantity of cartridges
(private make) were found on some waste land near
the station.
Great excitement prevails in the city.

Court
artnlar,

HER MAJESTY, &c•

OSBORNE, Feb. 11.
The Queen, accompanied by Princess Christian,
drove out this morning.

Princess Louise and Prince Christian rode in the
grounds, and Prince Leopold drove out.
Prince Arthur, attended by Major Elphinstone,
left Osborne to-day, for Greenwich Park.
The Right lion. Sir John Pakington arrived
yesterday, and left this morning for London.

THE PRINCE AND PRINCESS OF WALES.

The Prince of Wales, accompanied by his Royal
Highness the Duke of Edinburgh, was present at
the debate in the House of Commons last evening.
The Princess of Wales took a carriage drive, at-
tended by the Marchioness of Carmarthen.

THE JAMAICA PROSECUTION.

BOW STREET-THIS DAY.

EXAMINATION OF GEN. NELSON AND LIEUT. BRAND.

This morning General Nelson and Licitt. Brand
attended before Sir Thomas Henry to meet the
charge of the wilful murder of Mr. Gordon in
Jamaica.

The Court was crowded to excess. Mr. Bristow,
from the Admiralty, appeared for Lieut. Brand, and
Mr. Clode, from the War Department, appeared for
Gen. Nelson.

An application was made that the defendant
(Gen. Nelson) might have permission to stand in the
body of the Court instead of the felon's bar, but
General Nelson said he had not the slightest
desire to remove from the position he then occupied.
Mr. Rose said, before the case commenced, he
desired to correct a statement which had been
generally made, that he had given a promise that
Air. Eyre should be in attendance.
Sir Thomas Henry said no such statement had
been made in that court.

Mr. Rose said it had appeared in nearly all the
newspapers. All he had done was to forward the
address of Mr. Eyre to the solicitors for the prose-
cution.

Mr. Clode said, as he had not been in attendance
on the first occasion, what he proposed to do was
to hear the whole of the matters brought before the
Court that day, and then, a remand, of course, being
granted, he would apply for a copy of the deposi-
tions, which he would submit to the law officers of
the defendant, and on the next occasion he should
be able to state the course he proposed to take.
Mr. Stephen, the counsel for the prosecution,
said he had in the performance of his duty to enter
somewhat at length into the circumstances con-
nected with this case, and in doing so he should
have to travel over ground which had been gone
over before. The inquiry that day was a
legal and not a moral inquiry, and that Mr. Gordon
was executed in Jamaica, in the month of October,
1865, was admitted, and the great question was
whether that was legally done or not. Military
power, no doubt, was legal in certain cases ; it
was legal for the suppression of revolt, but it was
illegal when applied to the punishment of persons
for having taken part in that revolt. The
broad proposition, therefore, that he laid down
was that military law in acts of repression was legal,
but as a punishment it was altogether illegal.
Martial law became law on a declaration of war
being made, but he contended that it was not in
the power of any Governor of a colony to declare
war, especially upon her Majesty's subjects; such
a proceeding would be contrary to the fundamental
law of England. He contended that there
was no martial law in Jamaica until after
the promulgation of the proclamation of the 30th
of October, 1865, and therefore there could be
no offence against it prior to that period. It ap-
peared beyond the possibility of question, therefore,
that no person engaged in the disturbances ia
Morant Bay on the 11th of October could be brought
under military power proclaimed for the suppres-
sion of open revolt. That was the great principle
involved in the prosecution. With respect to Gel.
Nelson, he felt it right to say that he was
animated but with one feeling, and that Was
to prove the illegality of his conduct. With re-
spect to Lieut. Brand he had no evidence of per-
sonal malice beyond the making use of a few indis-
creet expressions, which he did not think worth
while to urge. He did not accuse him of any illy
propriety of conduct in what he did, but that being
concerned in the court-martial he was, to a certain
extent, liable for the actions of that inquiry. Ile
then argued that the court-martial was illegal, and
that the execution of Gordon could not be called by
any other term than wilful murder. The question
a jury would ultimately have to determine ITO
whether the sacrifice of Gordon's life was necessary
for the restoration of tranquillity in the island ; but
he felt he should be in such a position as to be
enabled to prove that Gordon's punishment was 3
penal act, and not a measure of repression; that
the sentence was carried into execution as an act of
punishment, and not, as was alleged, to put down
au open rebellion against the authority of the
Crown. The charge against Gordon was drawn
up by Gen. Nelson. The court itself, he contendedt
was altogether illegal, as it had not been constituted
according to the form of law observed in the fornia-
tion of similar tribunals in England, and therefore
the whole of the acts done were in direct opposition
to the law. The learned gentleman concluded by
stating that he considered the act of the court-
martial altogether contrary to law, and therefore be
should ask eventually for the committal of the de-
fendants on the charge. He expected to receive
t
some further evidence from Jamaica by the
mail, so that that would compel him at the close 13'
the proceedings that day to ask for a remand till
it arrived.