The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-03
Consul Nelson's AfYoir at Turlx,s Island,

TO THE EDITOR OF THE UNION.
1t appears from the statements of an English
man, whose letter from Turks Island is published
In the New York HERALD Of the Esd instant, (and
which is truthful in oil its detais,) that the Judge
OF the Supreme Court there, his Honor A. j. Dun
come, will not allow the most important part of the
proceedings in MIR. Nelson's case to go out of his
court; and that the Prothonotary will not verify
what is not true transcript of the record. Under
iuoge thus persists in defeating the ends of Justice
s there not other means of reaching the facts in
this most important case? Is it not goading re-
Election that our Consul should be Inundated before
nest man at Turks Island is Disguised at the treat
meDt he has received! Must he remain in Jail,
tool
In illustration Of the manner generally in which
justice is administered in the supreme court Of the
Turks and Caicos islands allow me TO refer to other
cases alluded to by the HEIALD's correspondent in
which |, not long since, was interested.
desperate effort being made at Grand Turk to
extort money from wrecked American shipmaster
evidently without the least regard to law justice
!, as the consular representative Of the United
states, endeavored, by every means in my power to
defeat first, by earnest and courteous appeals to
the Judge to allow me to defend the prosecuted
party, (Which till then / had been permitted to do
for American citizens in that court and also by an
appeal to the President Of the colony to defend my
countryman by his interposition. But it was all to
no purpose. Mr.. Ellis, at this time, was suspended
from his office of Queens advocate by the executive
Tor improper conduct, and was not allowed to prac
tice in the Supreme Court on account Of his never
having produced his credentials as bar1ister, or
entered his name on the records of the court as
attorney. Yet Judge Duncome insisted upon my
employing for the captain this man, upon his own
terms; and was forced to denounce both Mr. Fran
els Ellis and the stratagem itself in due form to the
judge.
The captain los. his suit in the supreme court
through the fundamentally, therefore of the Judge
He then appealed to the President In council form
ing court of appeal. Here Capt Mathis was
AZ nj rr Tho 90 T,,I
Duncome to verify such Of the records of his court
in the case as were material to the captains causc
in consequence Of which he ultimately lost upwards
of $780,
These things occurred in the latter part Of last
year US53) The letter wrote to the Judge, on
the 18th of September, respecting this affair, in
which questioned the legal qualifications Of Mr..
Ellis. the Queens advocate, reflected upon him as
an incompetent and unpractised attorney, (having
no certificate Of membership with the English bar,)
was, upon the arrival OF my successor in Office, mr.
Nelson0 put by Duncome into the hands of the
Queens advocate that he might sue me for libel.
He did SO on the 22d Of last February. When the
case was called up answered in person, plead mot
guilty" and conducted my own defence
After having asked the Judge whether he had not
furnished the material ont of which the suit against
me for libel was brought, and he answering afrma-
lively, objected to his sitting in the case, accord
ing to law, which he Overrued, contrary to law. i
was called to the witness box by the plaintiff to
give evidence against myself which refused -
do; whereupon, by the gracious consent of the
judge, took my scat. obtained verdict, not
Nithstanding the judge Ouncome) told the jury
that J. defendant, did write the libel, and had no
business to do So" and that .'they must find YER
dict to satisfy the country" accordingly. The
plaintiff moved and obtained new trial, on the
ground that the Judge erred in not compelling me
10 crimnatc myself though he did not object TO the
Judges ruling at the time. At the second trial
had to appear again in my own defence. / again
objected to Judge Duncome's sitting upon the trial
making aiiidayit to the fact that he my enemy;
mat every advantage had been taken Of me at the
former trial. that could obtain no legal assistance
(the bench and the bar both being arrayed against
me); that the Judge instigated the action against
me- and furnished the plaintiff with the official letter
addressed to the court in the faithful discharge
OF my consular duty, out Of which the libel was
manufactured OF course was again overruled.
The trial went on, and the judge was sworn In court
as wtness for plaintiff contrary to objections by
plaintiff. After being out three hours, they could
not agree, though the Judge had told them TO find
fer the plaintiff. They came into court declaring
that there had been no evidence adduccd to show
that had published the libel. The matter was set
tied by the Judge telling them, in these exact words,
that IL the defendant had not brought evidence TO
show that he did not publish the libel, they must
conclude be did publish it, and find q verdict ac-
cordlngyW Ten dollars damages and costs was
given against mein oil $lO6. The injustice oil this
verdict may be judged Of by those learned ia the
law. Never did the world witness the bench more
swayed by prejudice and want OF principle. One
united sentiment of disgust burst from the lips OF
all people there, except those only of the cabal-
n mere handful Of men. The indignation and dis
gust at the Judge was confined to no class, but
tie expression OF contempt was loud and
general. The judge had furnished the letter for
INC TO be sued upon, which was addressed TO him
officially; persisted in sitting at the trial; requested
to be and WIS sworn az witness against me, and
y 'truoted the Jury to give his friend verdict He
also sTore, when cross.examincd by me. that be
" was entirely an Indifferent party TO the suit
thGt he only wished to see his friend, Dir. Ellis
" LiluicnlE LLlsSu. Al LIE Z. Inc u liz zen.