The Sun.
London, England, 1867-03-30 00:00:00

LONDON, SATURDAY, 311RCH 30, 1867.

The public will learn with sAisfaCtion that the
case against Mr. EYRE has been dismissed, and
that the mischievous intentions of the prosecutors
have fallen to the ground., We are in no way sur-
prised to find that the most lively sympathy was

testified for the accused, and that the learned
counsel who so ably conducted the defence was
received with a burst of cheering. The unanimous
decision of the magistrates was welcomed with
applause, which was renewed by the crowds outside
on learning the decision come to ; and so great
was the excitement that prevailed that the bells
were rung in honour of the occasion. We look
upon this as the type of what would have been
done in any part of England, and feel convinced
that in town or country the news of Mr. EYRE'S
dismissal would have been received most favour-
ably. A more unfounded charge was never pre-
ferred against a man, and every word that Mr.
GIFFARD uttered told with great force on all who
heard him. We commend the learned counsel's
speech to the earnest attention of all who arc in-
terested in this affair, ; and if those who halt be-
tween two opinions will consider it, they will
see the fallacy of the arguments employed by the
faction, whose last great achievement has been this
most extraordinary prosecution. Persecution would
be a more fitting term for the matter, and so it has
been recognised by all impartial and unprejudiced
judges. It is a trite saying that truth is stranger
than fiction, but we think it was never more fully
illustrated than in this Jamaica business. If any
great master of the art of sensational novel writing
had made his hero the Governor of a colony of any
dependency of the Crown, and shown him placed
in great straits, yet bold, resolute, and daring,
never resting until the danger was over, and those
committed to his charge rescued from utter de-
struction, and from a fate that was far worse than
death in many instances, and the truer the pic-
ture exhibited him as the theme of censure, the
object of abuse, and still more accused of wilful
murder, what would have been said ? Would not
the critic have declared that it was quite absurd to
go to such extravagant lengths, and really no
reader could admire such extreme sketches. All
this, and more than this, however, has been seen iu
the case of Mr. EYRE, and for every reason we re-
joice at the discomfiture of his enemies and the
triumph of the cause of justice which was yesterday
celebrated at Market Drayton.
Nothing could possibly have been better than
the reply of Mr. GIFFAP,D, and the skilful manner
in which he acquitted himself of his arduous task
reflects the highest credit upon him. He was clear
and comprehensive in his explanations, bold and
vigorous in his statements, and throughtout most
straightforward and conclusive. Ile spoke for
nearly seven hours, and so completely did justice to
his suLject that we think his speech may fairly be
put on record as a full and satisfactory answer to
all charges preferred against the ex-Governor,
whether past, present, or to come. lie said that he
appeared there as the guardian of Mr. EYRE'S
honour, and if he knew that he could, by " technical
phraseology," or by mere argument in points of law,
obtain a dismissal of the case, he would not seek to
do so, for Mr EYRE'S instructions to him were quite to
the contrary effect. The prosecution had raised the
" issue of facts," and it was the issue of facts which
he challenged. Through his counsel, Mr. EYRE
said to the magistrates, "I appeal to a body of
English magistrates, and ask them to investigate
my conduct upon the evidence which the prosecu-
tion have themselves adduced, and if they can find
in the evidence the least pretence for saying that I
have played the part of a murderer, then I ask
them to commit me to take my trial before a jury."
This was a fitting manner in which to meet the
charge, and eminently characteristic of the course
which Mr. Err.:: has always pursued through an
eventful career.

Mr. GIFFARD exposed an error of the prosecu-
tion in saying that they placed before the bench the
fact that a man was killed, and threw upon the
defence the necessity of justifying the act. This is
against one of the leading principles of English
law, which declares that the " onus of proof" rests
with the prosecution, and it was for them to show
that an act of murder had been committed, instead of
a legal act having taken plac3. After a most com-
prehensive speech, in which he went into all the
chief points that concerned the case before them,
such as the geographical nature of the island of
Jamaica, the preponderance of one race of men over
another, and the means of resistance which were
commanded by Mr. EYRE, Mr. GIFFARD addressed
some most impressive words in conclusion as to
the general character of the charge which his
client had to meet. Mr. EYRE was ac-
cused of the murder of GORDON, and in
the name of " religion, morality, :and justice," he
denied such accusation. Mr. EYRE is either a mur-
derer actuated by wicked malice, or ho is the
most persecuted man this present century has
seen. We think that the eloquent and energetic
language of the learned counsel forms a com-
plete answer to all the charges brought against
Mr. EYRE, whether they have emanated from the
dictation of hidden prosecutors, or been thundered
forth amid the plaudits of the ranters of Exeter-hall.
As he put it, how can any one listen to the details
that the transactions in Jamaica afford us without
feeling admiration for the man who surmounted the
difficulties with courage, consideration, and huma-
nity ? And throughout the time of trial only one
person never engaged his thoughts, and that was
himself. " Throughout the whole of the direful
time he did his duty as a man, and no higher
term can be used." 'We agree with Mr.
GIFFARD that it would have been a thing to
be regretted that any weight should have
been lent to the charge against Mr. EYRE by the
decision of the Court in favour of the prosecution,
not that there was reason to fear the result of an
appeal to a jury. The Chairman said the same
thing, in fact, in his report of the decision of the
bench, for he declared that they felt confident that
if the same evidence which they had attentively
considered was brought before a jury "a verdict of
acquittal would be recorded." Thus ends the prose-
cution of Mr. EYRE, and we hope that those
who have persisted in carrying out their threats of
vengeance will, for the future, allow the majesty of
English law to vindicate itself, and not interpose
with their uncalled-for and unsuitable interference.
A more extraordinary thing has seldom been wit-
nessed than that private individuals should take
upon themselves to meddle with those who, as the
servants of the Crown, have done their duty,
as they thought, in the best way to secure
the interests of those committed to their care.
While perfectly convinced that Mr. EYRE would
:lave been acquitted wherever he was tried, it is still
most satisfactorily to know that he has been saved
from needless annoyance, and that at this early stage
of the proceedings the malice of hi 3 persecutors
should have recoiled on themselves. If theyhave any
remnant of common sense and right feeling they
will stop the prosecution they have commenced against
Colonel NELSON and Mr. BRAND, but these gentle-
men are also certain of acquittal. The general feel-
ing of the people of this country has all alone, been
against the course pursued by the Jamaica faction ;
and, try heard as they may for popular applause,
it has never been theirs, for their efforts have all
tended in one direction, and that the most adverse
to the cause, most dear to Englishmen, that of
justice and fair-play. Mr. EYRE may well be con-
gratulated upon the result of yesterday's experiment
to darken his prospects and sully his fame; and he
may rest assured that his memory will be held in