24 APRIL 1858, Page 5

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A deputation, headed by the Duke of Marlborough, and comprising several Members of the House of Commons, waited upon Lord Derby on, Monday, to express their opposition to the Church-rate Abolition Bill. The Duke handed in but did not read a memorial on the subject. Lord'- Derby said he hardly knew to what they wished him to reply. None could doubt his wish to uphold the Established Church. He should oppose the abolition of Church-rates until he had laid down a solution which would not sacrifice the main principle of the question, but which would finally put an end to the struggle. He could have wished that the bill should not go into Committee, but it would now do so, and then it would unfortunately be added to those questions that pass one House without passing the other. He wished to know if it had ever occurred to any of the members of the deputation to adopt a system of voluntary commutation of church-rates, to give permission to parishes to buy the rates, or, in other words, to give power to landholders to charge their estates with a certain sum annually to meet that object. He believed that if anything of that kind could be worked it would form the basis of a good principle. Mr. Packe said he had very great pleasure in hearing from Lord. Derby a suggestion for the voluntary commutation of church-rates.

The deputation seemed satisfied with the intimation that the bill would not be allowed to pass the House of Lords.

The three Directors nominated by the Crown—Lieutenant-General Sir George Pollock, Major-General Sir John Robert Hussey Vivian, and Mr. John Pollard Willoughby M.P.—took the prescribed oath and their scats as Directors of the East India Company, on the 16th instant.

The London Committee of Deputies from the Joint-Stock Banks of England have republished a series of resolutions, agreed to in 1855, con- demning Mr. Disraeli's proposed stamp upon bankers' checks. They say that the pressure of the impost will lead small depositors to close their accounts, and that in proportion as money is withdrawn and withheld. capital will be unproductive, money will be hoarded, and the country will be thrown back upon a system which prevailed a century ago, with- out any consummate advantage to the revenue.

University College Hospital has existed twenty-four years. It has in each year relieved 16,000 poor persons. Unfortunately, although the hospital could accommodate 200 patients, the funds will only permit the extension of indoor relief to 120. The institution is, besides, 50001. in debt. The annual dinner in aid of the funds was held on Tuesday,— Lord John Russell in the chair,—when 15001. was subscribed.

The anniversary dinner of the Royal Humane Society was held on Wednesday ; the Duke of Argyll in the chair. During the last year the Society's men saved the lives of fifty-eight persons, skaters and bathers, in the Parks. The subscription of the evening amounted to 1000/.

The Horticultual Society has taken up new quarters. On Wednesday its first spring exhibition of flowers and fruit was held in St. James's Hall. Lighted up with gas, the hall glowed with all the hues of the rainbow. The flowers were displayed in large banks and groups accord- ing to their class, and arranged with the best possible taste and good effect, so that while there was no paucity in the rows none of the plants were so crowded as to prevent all from seeing the merits of each to the best advantage. Round the orchestra were grouped the fruits with the most artistic skill, and a more rich and beautiful display was probably never made at any of the previous exhibitions of this Society. The Queen, accompanied by the Princess Alice, had a private view. After- wards, the Prince Consort taking the chair, fellows were elected. Dr. Lindley then explained to the Prince-chairman, how much one of his predecessors, Mr. Knight, had done towards the improvement of flowers, fruits, and gardening in general. The Bishop of Winchester tendered the thanks of the Council, and the Prince Consort replied. He would always be ready to accomplish anything that good intentions can effect. After this ceremony the Prince Rent his way, and the public were ad-. mitted to the show.

The Vocal Association of three hundred voices will give a grand per- formance at St. James's Hall, Regent Street and Piccadilly, on Friday evening, April 30. The programme will be of a most interesting cha- teeter. Messrs. Benedict and Sloper will perform a duet on two piano- fortes, and other instrumental works of importance will be introdueed.

The House of Lords sat on Saturday to hear appeals. Their Lordships confirmed the judgment of the Court below in the action of ejectment brought by Mr. Croft against Mr. Lumley to recover possession of Her Ma- jesty's Theatre on the ground that Mr. Lumley had forfeited the Mate. The judgment confirms Mr. Lumley in possession.

In another case, Cooper versus Slade, their Lordships decided that the payment of travelling expenses to voters is illegal. At the Cambridge elec- tion in 1854 the chairman of Mr. Slade's committee urgently requested one Richard Carter to return to Cambridge and vote for Mr. Slade, directly stating that the voter's railway expenses would be paid. Carter returned and voted, and his expenses were paid. The Court of Queen's Bench de- cided that the payment was illegal, and the Jury found, a verdict for the plaintiff in the case for 2001. The Court of Exchequer Chamber reversed the decision of the Court of Queen's Bench, and the plaintiff carried his case to the House of Lords. On the conclusion of the arguments their Lordships put the following questions to the learned Judges-

" 1. Whether assuming the letter of the 12th of August 1854 to have been writ- ten and sent to Carter by the direction and authurityof the defendant in error, there VMS any evidence for the Jury that the defendant was guilty of bribery within the true intent and meaning of the second section of 17th and. 18th of Victoria, chap. 102?

" 2. Whether there was any evidence for the Jury that the letter in question was written and sent by the direction or authority of the defendant in error ? "3. Whether there was evidence that the defendant corruptly paid money to Carter on account of his having voted at the election ? "

The learned Judges having taken time to consider, on the 15th February, last gave their opinions as follow : Justices Williams, Crompton, and Willes, and Barons Watson and Channel', answered all the questions in the affirmative. Justices Coleridge and Wightman answered the first question in the affirmative, and the two latter questions in the negative. Mr. Baron Bramwell answered all the questions in the negative. Lord Cranworth now delivered a judgment reversing the decision of the Court of Exchequer Chamber. Lord Wensleydale concurred in this judgment, but he expressed an opinion that Mr. Slade was not aware at the time that he was acting il- legally.

The Lords Justices of Appeal on Monday reversed the decision of Vice- Chancellor Kindersley in respect to the winding-up of the Northumberland and Durham District Banking Company. The Vice-Chancellor had decided in favour of continuing a voluntary winding-up ; the Lords Justices, on the contrary, pronounced a judgment that the affairs of the bank must be wound-up compulsorily under the direction of the Court.

Vice-Chancellor Stuart delivered judgment on Saturday in the case of Brook versus Brook. It may be remembered that in this case Mr. Brook had married his deceased wife's sister in Denmark, where such marriages are legal. The validity of the marriage came to be questioned on the death of a son by the second marriage, when the Crown claimed the property left to him by his father. The Vice-Chancellor concurred in the opinion de- livered in his Court by Mr. Justice Cresswell in December last, and decided that the marriage was invalid. " The parties to this marriage-contract were subjects of the Crown of England, bound by their allegiance and do- micile to the law and institution of England. In Denmark they continued still subjects of the Crown of England. In Denmark their status was that of aliens to the Crown of Denmark, and owing only a temporary obedience to the laws of Denmark, under which they had only a temporary protection. The law of England, which prohibits the marriage of a widower with the sister of his deceased wife, is an integral part of our law and public feeling. Therefore, by the established principles of international law it must have - a paramount effect, and cannot be evaded by having resort to the laws of any foreign country. The law of England as to this matter is a personal law, acting upon the persons of English subjects, and creating a personal incapacity which must accompany the persons into S'very country. Quando lex m personam dirigitur respicienda est ad leges illius civitatis gum per- sonam habet subjectam.' These are the words of Hertius, and they state a principle recognized by the other jurists. As a question` on the law of con- tract, the validity of the contract of marriage, as to the capacity to con- tract, must depend on the law of the country in which the contract was to have its effect, and that country was England. This is a case in which three circumstances concur, any one of which, according to the jurists, ex- cludes the application of the fez loci contraeths. It is a ease in which the public policy of the law of England prohibits the contract ; it is a case in which the law is personal in its nature, and must accompany the persons wherever they go ; and it is, moreover, a case in which England was the country with a view to which and in which the marriage-contract was to have its permanent effect. No resort to the laws of Denmark or of any other foreign country can give validity to such a contract where the law of England has made it null and void."

In the Court of Queen's Bench, on Tuesday, various counsel made ap- plication for rules to show cause why there should not be a new trial of the Directors of the British Bank who were recently convicted, on the grounds that the verdict was against the evidence, and of misdirection. A good deal of conversation occurred between the counsel and the Judges ; but no de- cision was given, as an application was to be made next day on the part of Cameron, the manager.

On Wednesday, Mr. Seymour moved on the part of Mr. Cameron ; going at some length into the case as it peculiarly affected the manager. Lord Campbell said the Court would look into the information and the evidence before coming to a conclusion.

The Court of Queen's Bench has granted a rule nisi calling upon Sir John A. Morris, Bart., to show cause why a criminal information should not be filed against him for interfering with the administration of justice, by writing a most abusive and violent letter. Sir John Morris in the course of a suit was examined before an Examiner in Chancery ; the questions put to him he felt to be very offensive but the barrister who put them appears only to have done his duty. After the Vice-Chancellor had delivered his judgment, Sir John Morris sent a letter to the barrister, saying that he was a "con- temptible scoundrel," that Sir John hoped he would suffer in this life for his vile falsehoods and calumnies," and that it was not difficult to foretell the punishment in the next world "of such unmitigated liars, scoundrels, and defamers," as the barrister and his employers.

The Court of Queen's Bench refused, on Thursday, three rules for crimi- nal information.

Mr. Salisbury, M.P. for Chester, asked for a rule against the Cheshire Obserrer, for libel. It was alleged that the Observer had pub- lished a series of libels on Mr. Salisbury out of spite, because he would not advance capital to assist the paper. The articles contained bitter and ma- lignant remarks against the Member respecting a gas company of which be is chairman. The Court held that a criminal information was not called for : a bill of indictment might be preferred at the Assizes.

Dr. Lees sent a letter to a friend, imputing to Mr. Gough, the Temperance orator, that ho intoxicates himself with opium. Dr. Lees and Mr. Gough belong to different sections of the Temperance party, Mr. Gough advocating moral suasion,, Dr. Lees legal compulsion through a Maine Liquor Laws A criminal: information was Bought on the part of Mr. Gough ; end affidavits were put in to prove that he is not an opium-eater. The Court decided that there was nothing to act upon—Dr. Lees's statement was contained in a private letter to a friend : no doubt, he would be more careful in future. Mr. Edmund Denison, M.P., Chairman of the Great Northern Railway, applied for a rule against the printer of the Tintes, on account of a slashing paper which recently appeared in the City Article of that journal, assailing.Mr. Denison unmercifully y for the part he was represented to have taken in preventing a settlement of the insane competition for the Manchester traffic. The Court, however violent the comments of the writer had been, could see, no malice, no imputation that called for its interference ; there was no just ground for filing a criminal information.

An adjudication in bankruptcy was made by Mr. Commissioner Evans against the London and Eastern Banking Corporation on Thursday.

The trial of SimonBernard on a charge of being an accessory before the fact to the murder of Nicholas Battie was resumed and concluded on Satan- day. The proceedings contained much that was remarkable. Intense in. terest was felt by the persons assembled in the court and those wai

the corridors and street. The prisoner exhibited much anxiety, and

cast impatient glances at the cloak. Mr. Simon mentioned that some addi- tional legal objections on the part of the prisoner might be tendered; the Lord Chief Justice said if they were he would reserve them. The Lord Chief Justice then commenced the summing-up of' the evidence. He told the, Jury that theywere the judges of the ilicte alone; legsl points, if the pri- soner were convicted, would be discussed before another tribunal. death of Nicholas Bettie was a natural result of the attempt of the 14th January, and it-was proved that Bernard was connected with the act, he must be convicted, though he might never have known that such a perms as Bettie existed. Bernard while residing in England was a subject of tli Queen ; he was bound by our laws ; we could not try him for anything done out of the United Kingdom, but he might be convicted of an act done in these realms which caused death in another country. Did he authorize the use of a grenade to kill the Emperor ? Irrelevant matter had been intro- duced by the counsel for the defence : in that Court the Jury had nothing to do with politics—they knew nothing of Lord Palmerston 's Government nor Lord Derby's; the Jury must act an independent part, and find. their verdict according to the evidence alone. Lord Campbell then read over the evidence which really affected the accused; pointing out where it bore hard upon him, and where it permitted of an interpretation favourable to his in- nocence. With respect to the letter written by Allsep in January 1857, the Jury must not accept it as evidence that Bernard agreed in all the sentiments of the writer ; but the Court had admitted it as show- ing that Bernard knew what was going on. "He must be killed": did not that intimate Allsop's determination to engage in a plot. to assaasinate the Emperor? Bernard was proved. to have been cons nected with Allsop, as he assisted him in the sale of some property ; Allsop raised 45001. in October. It would be for the Jury to say whether a con- siderable part of the money was not employed and distributed among those who were engaged in the conspiracy. Were the " gas articles" shown to have been in Bernard's possession, really the grenades used in Paris ? Lord Campbell minutely referred to the evidence tracing the grenades or " gas balls" from England to Paris; also to that respecting the revolvers. for- warded by Bernard. The prisoner, it was, proved, sent these revolvers to Paris, addressed to M. Outrequin, under the pretence that they were articles of commerce, and it would be for the Jury to consider the meaning of that circumstance, coupled with the expression, "I shall go to Paris when the other one comes back here." Did it indicate a knowledge of a plot to assassinate the Emperor, or did it relate to a general revolution? If the former, it might be presumed that he would scarcely have made use of that expression. In the latter case it was not to be expected, perhaps, that he should have disclosed all that he knew with respect to a contem- plated revolution -, although, had he done so, it would no doubt have been much in his favour, so far as the present charge was concerned. The evi- dence of Outrequin and others showed how Bernard was connected with Orsini—" Tom Allsop "—while he was in Paris. Lord Campbell read the evidence of Mrs. Radio in extenso, as if was very important. There was no doubt that the Rudios were destitute ; Bernard went to them, and there was no longer a lack of money. Pierri was shown to have had posses- sion of one of the balls—he conveyed it from Brussels to Paris. Some of the notes obtained at the Bank by Orsini in exchange for gold—which was pro- bably a portion of the funds raised by Allsop—had been traced. to, the pal- soner ; did he use a portion of that money to induce Rudio to proceed to Paris and join in the attempted assassination ? Lord Campbell concluded his review of the evidence by referring to the circumstances connected with the actual crime of the 14th January. "This, gentlemen, is the whole of the evidence. On the part of the accused you have heard the address of his learned counsel, and I beseech you to pay all due attention to everything which he has urged affecting the merits of this case. All the observations which he has made upon the witnesses, as to the probabilities or improba- bilities of their testimony, and as to the amount of credit to be given to them, are matters properly for your consideration, and I earnestly implore you to give all due weight to them. As to the other topics to which I be- fore ,allucled, although the Court did not at all interpose to prevent their w being urged, I think that they were very irrelevant. Whether you admire or condemn the conduct of the Emperor of the French cannot in the re- motest -degree influence the decision at which you should arrive. The main point relied on by the learned counsel in his address to you was, not that these balls were intended to be applied to any purposes con- nected with gas, not that they were intended for the assassination of the Emperor of the French; but that they were to be used as instruments of war in a contemplated general revolution. He said that there was in contemplation a revolution in Italy that Bernard, with others, was en- gaged in it; and that Bernard was assisting in collecting instruments of war in Paris for the purpose of that revolution. Now, gentlemen, I must tell you at once, that if you should come to the conclusion that those grenades were to be lied for military purposes, your verdict ought, in nay opinion, to be one of ' Not guilty' ; because, although it might be an offence against the laws of this country for either natives or foreigners to plot here and to prepare the means of invading a foreign country, that is not the offence which is now laid to his charge. The offence with which he is now charged is that of being accessory to a plot for assassinating the Emperor of the French which produced the death of Nicholas Bettie, one-of the Gerdes de Paris, whose life was sacrificed upon that occasion ; and unless you believe that the prisoner was implicated in that conspiraby I think that he is en- titled to your verdict. But if you believe that he—aa there is strong evidence to show—being acquainted with Allsop'a views, and know- ing that Album bad got these grenades, assisted in 'having them transported to Brussels ; ifyou believe that he bought in this country the materials for making the fulminating powder with which those grenades were charged; if you believe that living in this country and owing a tem- porary allegiance to the Sovereign of this country, he sent over the re- volvers with the view that they should be used in the plot against the Em- peror of the French ; and if you believe that he incited audio to assist the three others assembled in Paris, knowing what their design was, and that he gave him money for that purpose, then it will be a fair inference, I think, to draw, that he had a guilty knowledge of that plot. But, gentle- men, it is for you to draw your own conclusions. The verdict must be yours, and yours alone, based upon the evidence which has been adduced, without any oonsideration of our Government at home or of any foreign Government. I will only advise you, if you come to the conclusion that the limey accused had that guilty knowledge, and that he was an accomplice in that conspiracy, not at all to be led away or to be deterred from doing your duty by any apprehension that your verdict will interfere with that asylum which it has been the glory of this country to afford to persecuted foreigners. That is a glory which I hope ever will belong to this country. That asylum, however, remember, amounts to this—that foreigners are at liberty to come to this country and to leave it at their. own will and pleasure, and that they cannot be disturbed by the Government of this country so long as they obey our laws; but they are under the same laws as native-born subjects, and if they violate those laws they are liable to be prosecuted and puniah. in the same manner as native- born subjects of the Queen. Treat Simon Bernard in this case as if he had been born within the metropolis of the empire to which you belong; let this case be exactly the same as it would have been (and I don't believe that in point of law it makes any difference) if he had been a native-born subject. I advise you, at all events, to treat him as a native-born subject, and if you find that he was implicated in the conspiracy against the life of the Emperor of the French,—that he had a guilty knowledge and a guilty purpose, and that he did plot with others the death of the French Emperor,—I think it will be.your duty to find a verdict of guilty. With these observations, gen- tlemen, I leave the case in your hands. If you have any reasonable doubt of the guilt of the prisoner, give him the benefit of that doubt; but if you have not, it will certainly be a duty which you owe to yourselves and to your country to find the prisoner guilty of the offence with which he is charged in the indictment."

Before the Jury could retire, the accused poured forth a vehement ad- dress to them— • I declare that the words which have been spoken, or quoted, by the Judge with reference to the balls are not correct, and that the belle which were taken by Giorgi to Brussels were not those which were used in Paris. I have brought no evidence here because I am not accustomed to compromise any person. I declare that I am not a hirer of assassins, and that fludio, as he stated on his trial in Parjs, himself asked to be sent to

I declare that I have not hired assassins, and that of the blood of

the victims of the 14th of January there was nothing in my heart more than in that of any one here. My only wish is to crush despotism and tyranny everywhere. To effect that I have conspired, and I will conspire over, because it is my duty, my sacred duty, and the duty of every lover of liberty to do so. But, never, never will I be a murderer !" After an absence of an hour and twenty minutes the Jury returned into

court. The prisoner's face flushed with emotion, and he looked wistfully at the Jury. Mr. Clark,' the Clerk of Arraigns, addressing the Jury, said, " Gentlemen, are you agreed upon your verdict ?" The Foreman—" We are." Mr. Clark—" How say you ? Is Simon Bernard guilty or not stilly ?" The Foreman—" Not guilty."

On the announcement of this decision a scene occurred unexampled, per-

haps, in an English tribunal. From the gallery first, and then in an in- stant afterwards from the floor of the court, proceeded a loud shout of ex- ultation. The cheering was again, and again repeated—the excitement was contagious—and many of the ladies of quality present waved their hand- kerchiefs in token of their delight. Vainly did. the Lord Chief Justice en- deavour by voice and °esture to still the tumult, and as powerless were the stentorian lungs of Mr. Harker, though exerted to the utmost to restore silence. The prisoner, who was extremely excited, flourished his white pocket-handkerchief over his head, and several times attempted to speak. By this time the verdict had reached the ears of the crowd assembled outside the Old Bailey, and the rapturous cheer which they raised J and after re- peated, could be distinctly heard within the court. The Judges, unable, and perhaps unwilling to check-this spontaneous ebullition of popular feel- ing, but yet not liking to sanction it by their presence, rose to depart. The look of Lord Campbell at this moment was of itself a study. Slightly ruffled at the defiance which had been shown to his authority, his Lordship still retained his good humour, and seemed disposed to yield a momentary homage to the vox populi. It may be reasonably presumed that he could not have been indifferent to the result of a trial in which he had played so conspicuous a part ; but whatever his feelings may have been in that re- spect it was impossible for a spectator to divine them from his countenance.

Bernard at length made a successful attempt to be heard, and ad-

dressing the Jury said, with much vehemence of manner—" Gentlemen, that verdict is an expression of the truth. I am not guilty, and it proves that in England there is and always will be liberty, which will crush tyranny, whatever and wherever it may be. All honour to an English Jury ! " (Re- newed cheers.)

Bernard was then removed ; but was soon after brought back again, as there was a second indictment, charging him with the murder of Eugene Riguer. The Attorney-General announced that the Crown did not intend to proceed with that charge—more cheering. Accordingly a verdict of " Not guilty " was returned. Thus ended the business of the Special Commis- sion. Bernard remained in custody on the charge of conspiracy. On Tuesday, an application was made to the Court of Queen's Bench for a habeas to bring up Bernard before the Court, with a view to his being admitted to bail. This was granted. Later in the day, Bernard was pro- duced, and the Court agreed to accept bail for his appearance to answer the charge of conspiracy, himself in 10001., and two sureties for 5001. each ; the sureties were Mr. Peter Stewart, of Liverpool, and Dr. Epps, of Great Russell Street.

In the evening, Bernard appeared at Wyld's reading-rooms ; his health was drunk, and he made a brief speech of thanks to the company and the Jury who tried him, but studiously avoided comment. There was much ex- citement among the persons present.

A short time back, Mr. George Pauley, a merchant's clerk, was charged before the Westminster Magistrate with stealing a watch and chain from Frances Williams. Evidence in favour of Mr. Pauley was adduced ; the Magistrate came to the conclusion that the case was one of mistaken iden- tity, and dismissed the charge. But on Tuesday last, Mr. Pauley was again summoned before the Magistrate on the same charge; the prosecutrix brought two more witnesses to prove the identity of Mr. Pauley ; and the Magistrate said he must leave a Jury to decide the case—it would be more satisfactory to all parties. For the accused, Mr. Roy said he had ample evidence to prove an alibi • but Mr. Paynter said it would be better to re- serve this for the trial. gr. Pauley was then held to bail. Lani has made a "confession "—that is, he has admitted that II61oise Thaubin died by his hands, but he attempts to palliate his guilt. He did not seek the girl's company to rob her. She attempted to rob him; he seized her by the throat and she scratched his face. Irritated by this, he grasped her throat more tightly, and her life was destroyed ; he was dis-

mayed when he discovered this ; then he first thought of plundering the poor woman. A rather extensive lire occurred early on Sunday morning, in Great. Tichfield Street. It broke out in a large workshop, extended to Stodaret pianoforte-factory, and damaged a great deal of the surrounding property, At first, a supply of water was obtained to work an engine ; but preeently. the supply failed, and for some time the firemen could do nothing but lea- st the fire ! The West Middlesex Company supplies the district.