The Sun.
London, England, 1867-02-23 00:00:00

Mr. Hannen—l object to the evidence of history,
Sir T. Henry—You can put it as a matter of law.
Mr. Stephens—Do you know what the state of
the law of Jamaica, was before the acts were printed?
—I do.
Was Sir Thomas Muddford Governor in 1664 ?
He was.
To what period was their power libuited at that
time ?—To two years.
Did the Jamaica Legislature in 1664 make a law
relating to the la.,v of England in Jamaica ? —Yes.
State the effect of that law.--Witness was about
to read from a memoranda-book, when
Mr. Hannen—What are you reading from ?
From a memorandum I have made of the opinions
of the Attorney-General and Solicitor-General.
Mr. Hannan—l object to that.
Sir Thomas Henry—The opinion of any living
person is not evidence.
Witness—lt is the opinion of the law officers of
the Crown at the time I have mentioned.
The objection was over-ruled, and Mr. Stephens
continued his questions.
Witne:s—An act was passed dui (ring the laws
in England in force in the island of Jamaica, and
always after to be in force, except in so far that
they were allowed by the local acts of the Legisla-
ture.

That was passed in 1664 ; was there up to 1683
any legislation on that subject ?—I find no trace
of it.
In 1683 had the Assembly of Jamaica the power
to make permanent laws ?—Yes, unless disallowed
by the Crown.
Was an act passed the 35th of Charles IL, chap.
13 ?—Yes ; but that law was disallowed by the King.
It was, however, law until that disallowal was
known.

Do you know, as a matter of law, between that
time the 35th of Charles 11. until George I. and
11., two acts were passed, but they were disallowed.
Dazing that period was it a matter of opinion how
far the law of England extended to Jamaica ?—Yes.
Subsequently, however, the question was how
far the King had power to tax?—lt was.
In the first of Geo. I. was there another act passed
which has been substantially re-enacted ?—Yes ; an
act was passed settling the question in 1728. The
act was repealed by the Bth of Vic., sec. 9.
Was the last section of the Act of Geo. I. (the
22d sec.) re-enacted ?—Yes ; by the Bth of Vic.,
chap. 16, sec. 7.
Mr. Stephens—l have asked these questions to
clear up the state of the law of Jamaica.
The short wand writer's notes of the examination
of General Nelson and Lieut. Brand at Spanish
Town, Jamaica, before the Royal Commissioners,
were then put in and portions of them read.
This was the case for the prosecution.
Mr. Hannen, for General Nelson, said be had
now to submit that the evidence before the court
against the two gentlemen on a charge of murder
had altogether failed, and that they ought to be
discharged, as their conduct Was entirely justifiable
by the law. if they had refused to do other than
they had done, they would have been liable
to have been shot. They had but one duty
to perform, and that was done fearlessly.
That they were to be brought to a criminal bar
and charged with murder, the penalty for which
was death, was a proposition he felt certain he (Sir
Thomas Henry) would be slow to come to. If they
were subjected to the pain of a public trial for mur-
der it could but result in an acquittal, and there-
fore the present inquiry was merely a solemn,
serious farce, and nothing more. General Nelson
and Lieutenant Brand had been guilty of no legal
offence, and therefore he asked that they might be
discharged. He contended that the law was quite
clear on the subject, and by it if officers holding
the position of General Nelson and Lieut. Brand
were called upon to provide for the safety of the
State in cases of great danger—when the courts of
law were closed there was no limit to their discre-
tion, and whilst they acted bona fide iu the inte-
rests of the Sovereign and the State, and in
good faith, they could not be called to account in
any court of justice. There had been cases of the
suspension of the common law in Ireland both
before and since the union, and in Titler's " Ifossay
on Military Law" there was clearly hid down the
cases that justified such a state of things. What
he said was th it the Legislature of Jamaica had
done precisely what Ireland and this country
had done, for by the act 'of the Jamaica
Legislature, 9 Vict., chap. 35, provision
was made by anticipation for an occasion
which bad arisen, and thus martial law had
been enacted precisely as it had been done in Eng-
land and Ireland. There was, however, no defi-
nition of what martial law was—but there was a
limitation of it in favour of loyal subjects, and there
was nothing stating the extent to which martial law
might be exercised against foreign invaders and in-
ternal rebels. The 96th sec. of the act laid itdown that
before martial law was put in force there should be
a great council of the nation acting upon informa-
tion. That great council had been called in Jamaica ;
it had been attended by the governor, the officer
in command of the troops, the admiral, and
all the authorities in the island. What had
been done be was clearly of opinion was justifiable
by law, there being that state of things in existence
which one of the witnesses for the prosecution had
stated was open insurrection. It was brought to
the attention of the great council of the nation.
They declared martial law, which the two gentle-
men now in court were compelled to administer

That the court martial had jurisdiction to try was
admitted, and the only part he had now to deal with
was, he presumed, the execution of Gordon bcfcre
the proclamation of martial law. Gordon had as-
sisted to bring about the insurrection ; he had en-
gaged in it by act and deed ; his words had led to
open outbreak ; and he held he was amenable for
what had occurred precisely in the same manner
as if he had lit a slow match which exploded
a magazine some time after. His acts had
led to the proclamation of martial law ;
his acts had called into existence the court for
summary punishment, and the gentlemen now in
court were altogether blameless iu what followed
If he had not stated sufficient to convince the
learned magistrate, he would conclude by
stating that the Act of Indemnity completely
exonerated them from all blame or punishment
done by them whilst acting under orders for resto-
ration of peace and for the preservation of the lives
of her Majesty's loyal subjects ; that they had per-
formed acts within the limits of legal authority, and
that therefore the warrants ought at once to be dis-
charged.
Mr. Briscoe, for Lieutenant Brand, said that the
charge of wilful murder was futile, because be was
a subordinate officer; and had he refused to sit on the
court-martial, he himself would have built brought
before a similar tribunal and found gy, when
he certainly would be liable to death. To say that he
had maliceaforethought against Gordon was absurd,
because he had nothing to do with the carry-
ing out of the sentence of the court. His function
altogether ceased when the evidence and finding
was given into the hands of the superior officer.
Mr. Stephens summed up the case for the prosecu-
tion in a long and elaborate address, and at the con-
clusion of which
Sir Thomas Henry said the long and elaborate
arguments that had been addressed to him by
counsel on both sides abundantly proved
that there were disputed questions of law and
of fact that it would be desirable to have
before another tribunal. Ile refrained from ex-
pressing any opinion of his own, awl, therefore, be
should hold the defendants to their bail to appear
at the Central Criminal Court. As the sessions
commenced next Monday, it would be premature to
send the ease to be disposed of so early. Ile there-
fore should bind all the witnesses to appear at the
sessions to be held on the Bth of April.

Miss THACKERAY, it is said, is about to be mar-
ried to Mr. Leslie Stephen, second son of the late Sir
James Stephen.

LORD DUNDREARY has just given his opinion
with regard to that much-vexed question- marriage with
a deceased wife's sis-ter. " I—l think," he says, mar-
iiage with a detheathed wife's thither is very proper and
very economical, because when a knell marl-loth his
detheathed wife's thither, be- be bath only one mother-
-42-laW:"