The Express. — 1867-02-23 (London, England)

DAY.)  Sir Thiiiiiits Henry, the chief magistrate, again sat at Bowoitmet police-court, this morning, specially to hear the further proceedings in the prosecution of Colonel Nelson and Lieutenant Brand for the murder of George William Conlon, at Morant Bay, Jamaica, in MI. Mr. Fitzjames Stephen and Mr. J. Home Payne, instructed by Meson,. hhaen and Roscoe. prosecuted ; Mr. Ilannen and Mr. Poland, instructed by Mr. (lode, solicitor to the War-office, appeared for Colonel Nelson ; and Mr. Bristow, solicitor to the Admiralty, for Lieutenant Brand. The prisoners were again accommodated with seats at the attorneys' table.  Mt. Stephen said that Mr. Philippe wished to correct one or two errors which had arisen in his former examina. tion, and theme was also one or two points which he, Mr. Stephen, wished to clear up. Mr. Philipp° was then recalled.  St.plitn-- I understand that you are acquainted with the law and history of Jamaica. Ni. 'laymen objected to any evidence of history. Sir Thonias Henry—You must take it as matter of law•  The witness then stated that an act was passed by the Jamaica Legislature, in 1664, declaring the law of England in force in Jamaica. At that time the legislature had power to pass law which remained in force. There was no further attempt to legislate till MA;. In the meanwhile the powers of the Assembly had been altered, giving them authority to paha permanent laws, unless disallowed by the King. In that year u similar statute (de. daring the laws of England in force in Jamaica) was passed by the legislature anti remained in force till disallowed. It was disallowed, and so were two subsequent acts to the same effect. During the interval it remained a matter of question to what extent the laws of England were in force in Jamaica. This state of things arose from a question as to the right of the King to tax the people of Jantaic.i. The legislature refused to pass an act to provide for the permanent revenue. ' Mr. Ktephen— And the King claimed to enforce what laws he please(l?  Mr. 11.dinen objected, and Mr. Stephen did not in cR.I the  question.  The witness then went on to state that the Ist George 11., c. I, declared that all laws of England previously held to be laws of Jamaica should be and continue so for ever. The 4th ic., c. 11,, repealed that act, but re-enacted the section as to the laws of England. Mr. l'hilippo then proceeded to correct some inaccuracies in the former statement, for which purpose he was allowed to revise the depositions. Mr. Barnett, the shorthand writer, was recalled, and produced his notes of the examination of lieutenant Brawl before the Jamaica Commission at Spanish Town, Jamaica, and spoke to the accuracy of the transcript as already published in the Blue-hook. He statvil that 'afore being examintsl Lieutenant Brand was cautioned that lie was not bound to answer any question which he might consider adverse to his interest. The passages held to be material by the counsel for the prosecution and defence respectively, and marked by them in consultation, were entered on the depositions. As, however, it was found that some misapprehension haul arisen with regard to one or two passages, Sir Thomas Henry suggested that Mr. Banuett should put in the whole of his notes, and then either party could refer to any question they pleased. Mr. Barnett, jun., who assisted his father in taking notes of the proceedings of the commission, proved the transcript of a portion of the examination of Colonel Nelson.  Mr. Bounden produced several documents, amongst which was the draft proclamation. In answer to Mr. Bristow he wu not able to my whether it was in the handwriting of the AttorneyGeneral.  Sir Thomas Henry said it was quite clear that he was present. . . . .  Mr. Bristow—Yes, sir ; but I can prove that he actually wrote• it with his own hand.  This was the case for the prosecution. Mr. Hannen, for Colonel Nelson, contended that what had Ixen done Ay the defendants was legally justifiable. The learned gentleman was proceeding to maintain that both gentlemen ought to be discharged when our report left.