The Express. — 1867-02-09 (London, England)

THE JAMAICA PROSECUTION.  At the Bow-street police-court, yesterday, Lieut. Herbert Charles Alexander Brand, M.N., was brought up in custody of Taylor, one of the warrant officers of the court, upon the warrant issued on Thursday, by Sir Thomas Henry, on the charge of wilful murder of Mr. George William Gordon, at Morant-hay, in the Island of Jamaica, on the 2.30 d October, 18115. Mr. Sheen (of the firm of Sheen and Roscoe, of Bedford. row), conducted the prosecution. Mr. Sheen observed that on the present occasion it would be sufficient to ask the magistrate to allow the mi. dence of Dr. Fiddles and Mr. Lewis to be reed over, and then be-should ripply for a short remand. Sir Thomas Henry—One moment, Mr. Sheen, if you please. Lieutenant Brand, I wish to explain to you the nature of the charge preferred against you plainly, and apart from all use of technical language. You are charged with having, as the president of the court-martial held at Morant-hay, in the island of Jamaica,on she 'Gird October, 1865, signed a sentence for the execution of George William Gordon, which sentence was, it is alleged, without legal authority, and therefore his execution was not justified. That is the nature of the charge against you. You will not be called upon to make any reply to the charge at present. But evidence will he given enough to justify me in remanding you to another day, when another accused will be brought forward, and the case will be gone into. The depositions of Dr. Fiddes and Mr. Lewis having been read over, Sir Thomas Henry—The evidence which has just been read is a portion of the evidence read when the warrant was applied for and granted. You have, I understand, no professional adviser here at present, and I think, perhaps, it would be advisable for you to postpone anything you have to say upon the charge until a future occasion. I shall adjourn the cane till Tuesday. Have you any friends to whom you could refer to give bail for your attendance  Lieutenant Brand—Certainly not. I have no fl iends. Sir Thomas Henry (to Mr. Shaun)—He la a lieutenant in the royal navy! Mr. Mann—Yee.  Sir Thomas Henry—Have you any objection to offer why I should not take his own rccognieanoesv Mr. Sbaen—l do not feel justified in giving any positive consent to that course, although I shall not oppose it. As I understand that there was some difficulty as to the serving of the warrant, I feel it to be my duty to leave the matter entirely in the hands of the court. Sir Thomas Henry—Then I must bind the prisoner over in two sureties of 2001. each and his own recognisance of 5001., to appear here on Tuesday next. Notwithstanding the statement of Lieutenant Brand that he had " no friends," and notwithstanding the rumour, which had in some wny got abroad, that he had re'dyed not to accept the option of being bailed out, but rather to go to prison, two gentlemen attended in the course of the afternoon before Mr. Vaughan and offered themselves as sureties for his appearance on the remand. They ware Mr. Francis W. Rowsell, barrister-at-law, 8, Ring's Bench-walk, Temple, and Mr. Thomas Stilwell, navy agent, 7t, Arundel-street, Strand. They were hound over, according to the condition imposed by the learned chief magistrate, in 200/. each, and the 'prisoner in his own recognisancea of 500/. Mr. liowsell wished to make a statement in reference to the merits of the ease, but Mr. Vaughan said ne could not hear any such matter, The case was before Sir Thomas Henry, who had decided to accept bail in a certain amount. The only question be (Mr. Vaughan) could entertain was the sufficiency of the bail. He could not enter into the merits of the cue. The sureties were bound over, and the prisoner was liberated. Mr. Sham intimated that he had reason to believe that Colonel Nelson and Governor Eyre intended to present themselves at the earliest convenient time to surrender to answer the charge.