The Commonwealth. — 1867-04-13 (London, England)

THE CASE OF COLONEL IVELSON AND  LIEUTENANT BRAND.  The Lord Chief Justice came down to the Central Criminal Court, on Wednesday, especially for the purpose a charging the grand jury in the case of Colonel Nelson and Lieutenant Brand, who are charged with the murder of Mr. Gordon, and the proceedings appeared to create very great interest. Colonel Neleon and LiPatenalat 13:agna were bait present. The whole of the graud jury, 23 in number, answered to their names with the exception of one gentleman, who, it was stated, entertained a very strong feeling in reference to the case, and his atteudarice was excused.  The Lord Chief Justice proceeded to charge the grand jury in an address which lasted several hours. He commenced by observing upon the very great importance of the inquiry, and said that the specific ' charge that would be submitted to them would be that Colonel Nelson and Lieutetaet Brand had illegally put to death a British subject named George William Gordon, and it would be for them to decide whether the evidence that would be laid before them was sufficient to justify them in returning a true billagainst the parties accueed for the offence of wilful murder. The Lord Chief Justice then referred to the eirenmetanees oonneoted with the insurrection in Jamaica, and said that there was no doubt that very great excitement had prevailed in that colony, and that a very serious ineurreetion took place, which resulted in martial law beirg proclaimed in the county of Surrey, in Jamaica, the town of Kingeton being alone exempted from the operation of that law. He said that Mr. Gordon was undoubtedly believed to have been the prime mover in the insurrection, and after it had been quelled he was apprehended and tried by court martial, of which Lieutenant Brand NW the president and Colonel Nelson and one or two other officers were members, and sentenced to death. The finding of the court martial was approved by the general connnanding the forces in the district, and was submitted to Mr. Eyre, the governor, and confirmed, and Mr. Gordon was executed very ehertly after there confirmations had taken place. The question was, whether this execution was a lepl one or not? Another question that would draie was whether the proceedings of the trial bad been carried on fairly, and whether Mr. Gordon wee oonvieted upon evidence, or whether the conviction took place Solely ftom a feeling to got rid of an obnoxious and reisohievous individual. The learned Chief JustiCe then went on to refer to the powers that were vested in the representatives of the Crown in the various colonies, and also as.to the right to declare martial law. He said that he had considered the subject very carefully, and had traced it back for a long period; and although in different reigns and in very remote times the power Wad been exercised by different monarchs to proclaim martial law, he had no hesitation in expressing his opinion that this power had been illegally exercised, and that this fact was shown by acts of indemnity having been subsequently nassed to relieve the parties who were responsible for :the acts that they had committed while martial law was in existence.