Chapter

Marshalling Martial Law: Litigating the Jamaica Controversy

R. W. Kostal

in A Jurisprudence of Power

Published in print August 2008 | ISBN: 9780199551941
Published online January 2009 | e-ISBN: 9780191714320 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199551941.003.0006

Series: Oxford Studies in Modern Legal History

 Marshalling Martial Law: Litigating the Jamaica Controversy

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In 1867, the Jamaica Committee finally mounted private criminal prosecutions for the alleged murder of George Gordon. The first was commenced in London against two of the military officers, Nelson and Brand, who had presided over the court martial of Gordon. The second prosecution was initiated in the Shropshire town of Market Drayton and against the former governor of Jamaica, Edward Eyre. Although both initiatives were frustrated by hostile grand juries and magistrates respectively before they went to trial, the litigation underscored the intersection of English law and English politics. The chapter traces how the prosecution and defence organized and strategized their cases to maximum political and legal effect.

Keywords: private criminal prosecution; Jamaica Committee; Lord Halsbury

Chapter.  34381 words. 

Subjects: Constitutional and Administrative Law

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