The Sun.
London, England, 1866-10-30 00:00:00

The Military Court-M trtial at Jamaica.

-+.-

The following report of the commencement of
proceedings is taken from the Jamaica Guardian of
the 9th inst. :

" The General Court-Martial appointed by the
Horse Guards, at the suggestion of the Jamaica
Royal Commission, to inquire into charges preferred
against Ensign Cullen, of the Ist West India Regi-
ment, and Staff-Assistant Surgeon Morris, for
alleged excesses committed by them during the sup-
pression of the Jamaica insurrection, commenced
their sittings at Up-park Camp on Tuesday, the al
inst. The Court, consisting of President, Colonel
Farren, C. 13., Depot Battalion ; members—Major
W. R. Williamson, 48th Foot ; Major J. H. Camp-
bell, 71st Regiment ; Capt. J. A. Barston, 89th
ditto ; Capt. J. L. Seton, 103 d ditto ; Capt. C. V.
Oliver, 66th ditto ; Capt. I. Ready, 66th ditto, was
opened at half-past 11 a.m., at which time there
were present the officiating Judge Advocate, Capt.
M‘Lean of the Rifle Brigade, and Mr. Counsellor
Gibbs, the legal adviser of the Court ; Brevet-
Colonel C. H. T. Daniell, of the 28th Regiment,
who acted as prosecutor, associated with the Hon.
Alex. Heslop, her Majesty's Attorney-General ; and
Mr. Charles Hamilton, solicitor. The prisoner, En-
sign Francis James Cullen, under escort of Adju-
tant Cooper, was brought before the Court and
placed opposite the prosecutor's table with his pro-
fessional adviser, Mr. Advocate General Williams,
instructed by Mr. Edward Whitehouse Lewis,- of
the firm of Lewis and Lewis, solicitors. The Judge
Advocate then read a general order, dated Head-
quarters, Kingston, 28th of September, 1866, and
signed by Lieut.-Col. Elkington, the Deputy Adju-
tant-General, directing the court to be held at Up-
park Camp on Oct. 2, and recited the names of the
officers detailed to form the court. The warrant
appointing Col. Farren president was next read, as
also the following appointing the officiating Judge-
Advocate :—' By the Right Hon. J. R. Mowbray,
M.P., Judge Advocate-General of her Majesty's
Forces.—By virtuo of the power and authority to
me given by her Majesty I do hereby appoint you,
the said Captain H. J. Maclean, to act a§ Deputy
Advocate-General at a court-martial to be holden
for the trial of Ensign Francis James Cullen, Ist
West India Regiment, and Staff Assistant-Surgeon
Henry Morris. Given under my hand and seal this
31st day of August, in the 30th year of her Ma-
jesty's reign.—J. R. MOWBRAY.—To Captain H.
J. Maclean, Rifle Brigade.'
" The Deputy Judge-Advocate then asked the
prisoner the usual question, Whether he had any
objection to be tried by the court so formed ? —to
which he replied in the negative. The oath was then
administered to the president and members of the
court respectively, and to the Deputy Judge-Advo-
cate, after which the latter officer read the charge
against Ensign Cullen, as follows
" ' For scandalous conduct unbecoming the cha-
racter of an officer and a gentleman, in having on
Oct. 21, 1865, in the county of Surrey, in the island
of Jamaica, during the continuance of martial law,
which had been proclaimed there for the purpose of
suppressing an insurrection, and for the preserva-
tion of the public peace in the said island, cruelly,
wantonly, and wrongfully caused three men, seve-
rally named Richard Walton, Tommy Miles, alias
Tom Bell, and John M'Call, alias George Mac-
quarry M'Call, to be shot to death, the said act
not being done by him, the said Ensign Cullen, in
good faith, for the purpose of suppressing the said
insurrection, or for the preservation of the public
peace in the said island.'
" To which the prisoner pleaded not guilty, and
handed in the following document, which was read
to the court :
" Mr. President and Members of this General
Court-Martial,—l make as early as possible an apo-
lication which is scarcely ever refused in a court f
justice. I have been under arrest to this moment.
lam only a young ensign. I am a stranger
in Ja-
maica. I have no experience of legal tribunals.
Arrayed against me are, as I understand, an old ex-
perienced prosecutor, and also (most unusually) the
Attorney-General of the colony, aniEnglish barris-
ter, and a local solicitor, who have,
.learn, not only
already' had the opportunity of searching St. Thomas-
in-the-East for evidence to support the charge pre-
ferred, but also every other possible advantage
against me. At the present time the sittings of the