The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-28

o,.r, NELSON'S AFFAIR AT TURKS ISLAND,


For The Union.
coxsuL NELSON'S AFFAIR AT TURKS ISLAND
A. rnyoat il appears from the statements o. an Eng
,,.hoan whose letter from Turks island paoiioA
10 49, York Herald OF the Esd instant land when
,ln in all its details that the judge OF the supreme
aTt there his honor A. j. Duncome, viii not alow 'he
80, ,nnor,ant part Of the proceedings Ia Mr. Nesohs
case 10 90 out OF his court and that the prouohous %
not verify what is not true transcript OF the ieoou'
aer sucb circumstances what Is to be done II ue Jus
fins nersss in defeating the ends OF Jusuee y 'ei no.
other means of reaching the facts IN thus most
9 Il not eoadug reflection that our consul shoup
he bumiaed before his relentless prosecutors "e eei3
oa ANA honest man at Turks island Disguised at the
Treatment he has received Must be remain in JAIL 100
~ illustration OF the generally IN when Justice
administered in the supreme court OF the Turks ana oeoe
GLANDS allow me refer to other cases aiiuaea 70 y o
uuerad'sp correspondent in which j not long SINCE was
interested. ,.t
nancy from a wrecked American ship-master, euoehuy
without the least regard to law or justice as The con
lr representative of the United ties, endeayored, by
erv means in my power to defeat thirst by earnest
and courteous appeals the Judge to allow me TO defend
tle prosecuted party, (which till then had been per
mitted to do for American citizens III that COURT ana
also by an appeal the President Of the colonyto de-
tend my counryman by his inerposton But II was
all
from his Office Of Queens advocate by the executive for I'M
proper conduct and allowed to practise in the SUI
court on account of his having produced his
credentials as barrser entered his name on the rec
ods of the court attorney. Yet Judge Duncome IN
sisted upon my employing for the captain this man, upon
his own terms; and was forced to denounce both MI
Francis Ellis and the stratagem itself in due form 10 the
Judge The captain lost his suit in the supreme court
through the instrumentaity therefore, of the judge lie
al IN in
of appeal Here Capt Mathis again cast on account o.
the refusal of Judge Duncome to verify such Of the records
Of his court the material to the captain
cause in consequence Of which he ultimately lost upwards
Of $500
These things occurred in the latter part of last year,
s53) The letter to the Judge the l4th of Sep
ember respecting this affair." in which questioned the
legal qualifications of Mr. Ellis the Queens advocate
aeeed upon him incompetent and unpractised attor
ney (havng certificate of membership with the English
bar was upon the arrival of my in Office CIR
Nelson) put by Duncome into the hands of the Queens
advocate that be might for libel He did SO the
ed Of last February. When the called up an
swered in person, plead not guilty, and conducted my
own defence After having asked the judge whether he
had not furnished the material out of which the suit against
me for libel brought and he answering airmatvey,
objected his sitting in the case according to law which
he overruled contrary TO law ] was called to the
witness-box by the plaintiff to give evidence against
myself which refused to do whereupon by the gracious
consent Of the Judge, took my seat obtained YER
dict Notwithstanding the judge Duncome) told the jury
that J. defendant did write the libel and had business
do So and that hey must find verdict to satisfy the
country accordingly The plaintiff moved and obtained
trial. the ground that the Judge erred in not COM
polling me crimnate myself though he did not object
to the Judges ruling the time At the second trial
had to appear again in my defence again objected
Judge Duncomes sitting upon the trial making afida-
Wit TO the fact that he my enemy that every adyan-
age had been taken OF me at the former trial that could
obtain legal assistance 1.-THE bench and the bar both be-
ing arrayed against mel that the judge nsgated the ae-
ton against me- and furnished the plaintiff with the Off
a letter addressed to the in the faithful discharge
omy consular duty, out of which the libel manutac
tured Of course again overruled The trial went
on and the Judge in court witness for plain
tiff contrary to objections by The went to a
special jury chosen by plaintiff After being out three
hours they could not agree though the judge had told
them to find for the plaintiff They into court declar
ing that there had been evidence adduced to show that
had published the libel The matter settled by the
judge telling them in these words that 'f the de-
ndant had brought evidence show that he did not
publish the libel, they must conclude that be did pub
lsh IL and find verdict accordingyr Ten dollars
damages and costs was. given against me-in all
Sl06 The injustice of this verdict may be judged of
by those learned in the law Never did the world witness
pcheh by preluulee on
One united sentiment Of disgust burst from the lips of all
people there except those only OF the cabaa hand
full of men The indignation and disgust the Judge
confined TO class but the expression OF contempt was
loud and general The judge had furnished the letter
TO be sued upon which addressed TO him Official
g persisted in sitting at the trial requested to be and
was witness against me- and instructed the jury
to give his friend verdict He also sworc when cross
examined by me that "he was entirely an Indifferent
party to the sutr that he only wished his friend
Mr. Ellis Ayindicate himsclf7 And this one OF the gen
temen by whom Mr. Nelson has lately been so violently
dealt with at Turks island upon the irinr cause
that tried before oourt-the whole thing being
clearly the result Of premediaed and prearrangcd de-
sign
have too much confidence in the determination OF the
British TO preserve the integrity Of her judi
cay TO allow the conduct of her law officers anywhere
act unjusy with mpunity aud the evils existing
at Turks islands in that way she viii have properly
died a, an early day.
Yours truly, &c,
b. EVERETT SMITH,
Late U. :. Consul, Turks Islands