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A Jurisprudence of PowerVictorian Empire and the Rule of Law$
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Rande W. Kostal

Print publication date: 2008

Print ISBN-13: 9780199551941

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199551941.001.0001

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Marshalling Martial Law: Litigating the Jamaica Controversy

Marshalling Martial Law: Litigating the Jamaica Controversy

Chapter:
(p.258) 5 Marshalling Martial Law: Litigating the Jamaica Controversy
Source:
A Jurisprudence of Power
Author(s):

R. W. Kostal

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199551941.003.0006

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

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