The Sun.
London, England, 1867-02-25 00:00:00

THE JAMAICA PROSECUTIONS.

(Continued from our First Edition of Saturday.)
Mr. Hannen, for General Nelson, said he 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.
Tbat 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 illegal
offence, and therefore he asked that they might be
discharged. lie 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 in 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 " Essay
on Military Law" there was clearly laid down the
cases that justified such a state of things. What
h© said was that the Legislature of Jamaica had
done precisely what Ireland and this country
bad done, for by the act of the Jamaica
Legislature, 9 Viet., chap. 35, provision
was made by anticipation for an occasion
which had 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 theact 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 troop, the admiral, and
all the authorities in the island. What had
had
been done he was clearly of opinion was justifiable
by law,o nthere
tbeing
witnessesth a tsta
forte otf thingsthe
prosecutionin
existence
which

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 before
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 in what followed.
If he bad not stated sufficient to convince the
learned magistrate, he would conclude by
stating that the Act of 'lndemnity 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. Brikoe, 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 been brought
before a similar tribunal and found guilty, when
he certainly would be liable to death. To say that he
had malice aforethought 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 wh 'n the evidence and finding
was given into the hands of the superior officer.
Mr. Stephens su►nmed lip the case for the prosecu-
tion is a long and elaborate address, and at the con-

elusion 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. He refrained from ex-
pressing any opinion of his own, and, therefore, he
should bold 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 case to be disposed of so early. He there-
fore should bind all the witnesses to appear at the
sessions to be held on the Bth of April.