The Sun. — 1868-05-21 (London, England)

TILL PROSECUTION OF EX-GOVERNOR  El RE.  (Continued from our Fir.,t Edition of yesterday.) Sir R. P. Collier said that they were relieved, and, were glad to be relieved, of the necessity (.4 prosecuting on the graver charge. He was ini-,cft obliged to them. But how were they relieN.Pfed? Was it by the pressure of any scruple of conscie ace? No. It was simply because they could not, do it. They did not find themselves relieved ...Trail Sir Thomas Henry refused to commit Mr. 'Eyre for trial on the charge of murder. And now they wished to make capital out of their •own defeat. He contended that they were now a'cotempting to separate the charge into parts, and proceed upon each of them separately. Would it•have been coin_ petent for the Crown, after prosecuting certai4 persons for murder, on the grov.nd of their alleged complicity in the explosion, at Clerkeu well, .and, after their acquittal on tliat charge, to try them again for the injury done to some individual who had been wounded by the fragments of the barrel, and, failing in that, to proceed against them for creating au obstruction by placing the barrel on, the footway ?  Mr. Vaughan said the charge which Sir Thomas Henry declined to entertain was that of the murder of Mr. Gordon, which was only a part of the general question. This proceeding related to other matters, and he could not ref Lls3 to entertain them, because the charge failed as to Gordon's case. Many of these matters arose after Gordon's case, and had, not been shown to have any connection with it. Sir It. P. Collier__l did not charge the imprisonment of Levier, or of Phillips, or of Vinen as murder.  Mr. Vaughan said there was involved in this case a great deal besides what came out then. For instance, it would be one of the important questions to be considered by a jury, whether Mr. Eyre was justiaed in maintaining the proclamation and continning to execute martial law, not only down to the time of the amnesty, on the 30th October, but down to the 24th of November ; and if the case rested on no other point, he should, on that point alone, think it his duty to send the case further. He should be of that opinion if this were the only charge against him.  Mr. Giffard said he was not anxious to go on, speaking for the mere sake of hearing his own voice. If tha magistrate had made up his mind he should not pursue the argument any further. Mr. Vaughan was bound to say that unless Mr. Giffard could address to him arguments of such cogency as to make him entirely reverse the view he had formel so far, it would be his duty to send the case before a jury.  Mr. Ginn' felt that it was a great discouragement to know that the learned magistrate had already formed an opinion adverse to his case, but he was bound to give any tribunal before which he appeared credit for having an open mind to receive and duly consider any arguments he had in his clay to submit on behalf of his client.  Mr. Gitfard then went on to contend that this was not the offence Mr. Eyre was charged with. There was nothing about ,it in the suunnons, had it been urged by Sir R. P. Collier. Mr. Vaughan said there were two charges—that of issuing an illegal proclamation, and that of committing, oppressive acts under that proclamation. Now it appeared to his mind that if Mr. Eyre dil not put au end to that state of martial law at the time when he Wight have done so, then he was guilty of oppression.  Sir R. P. Collier sail that when he made the application for the summons he did enter into that question.  Mr. Giffard said he could not enter into what was said at the application for the summons. He had only to do with what had taken place during the actual proceedings. As to the necessity of the proclamation, it appeared to him that those who complain of the alleged oppression of certain inhabitants of the colony treated the colony itself with contempt. It ought to be borne in mind, and he hoped the magistrate would consider it as a definite means of coming to a conclusion, what ought to be done in disposing of this case.