On this page
-
Text (2)
-
^ THE LEADER. [No. &21, April 17, 1858.
-
THE TRIAL OF BERNARD. The trial of Simon...
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
-
-
Transcript
-
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
Continental Notes. That Narrow And Unchr...
commission of the Danube , and a clerk belonging to the telegraph , have been the victims ( says a letter from Tnltcha , in Moldavia ) of a most disgraceful attack . These inoffensive persons -were assailed by a number of Turkish , soldiers and porters , artd beaten with sticks until they were in a state of insensibility . On being conveyed to their homes they recovered , but they are t ill s offering . The authors of this cowardly aggression ere arrested by the persons who witnessed the assault and taken before the Kaimakan , who , however , set them at liberty . The commissioners and the consuls interfered , and have demanded the punishment of the guilty parties and the dismissal of the Kaimakan . _
PRUSSIA . The Prince and Princess Frederick William left Berlin on the morning of the 7 th for Weimar and Gotha . A royal decree , dated from Charlottenburg on the 9 th , prolongs the powers of the Prince of Prussia as Regent for three months more . In making this communication to the Chambers , M . de Manteuffel added , that , according to the advice of his physicians , his Majesty ought to abstain from public business for some time yet , so as to assure the success of the treatment he is under . The Prince and Princess Frederick William of Prussia ( says the Paris Patrle ) have received a magnificent present from the Emperor and Empress of the French . It consists of four paintings on porcelain , representing the Emperor , the Empress , Queen Victoria , and the Prince of Wales . These fine portraits have been placed in the State apartments occupied by the Prince in the royal palace at Berlin .
NORWAY . A terrible conflagration has taken place at Christiania and destroyed a great portion of the city , and some of the public buildings , including the Norwegian Credit Bank , the contents of which , however , were saved .
^ The Leader. [No. &21, April 17, 1858.
^ THE LEADER . [ No . & 21 , April 17 , 1858 .
The Trial Of Bernard. The Trial Of Simon...
THE TRIAL OF BERNARD . The trial of Simon Bernard , under the Special Commission , as an accessary before the fact to the murder of Nicholas Battie , and of a person , name unknown , whose deaths were occasioned in the recent attempt to assassinate the French Emperor , commenced on Monday . The court was crowded , and the proceedings excited great interest . The Judges were—Lord Chief Justice Campbell , the Lord Chief Baron , Mr . Justice Erie , Mr . Justice Crowder , and the Recorder . The Lord Mayor and several of the Aldermen and Sheriffs accompanied the Judges ; and many persons of distinction were present on the bench . The prisoner looked somewhat careworn , but observed all the proceedings with keen interest and watchfulness . Upon being required to plead Guilty or Not Guilty , he said , in good English , but with a foreign accent , " I am advised by my counsel that this court has no jurisdiction to try me upon this indictment , and consequently I decline to plead . " Lord Campbell then said that , if the prisoner declined to plead , the plea of " Not Guilty" would be entered for him . Mr . Edwin James ( Bernard ' s leading counsel ) applied to have the special commission read . Lord Campbell replied : — "We are all of opinion that the plea of Not Guilty must be entered . Let that be done , and now let the prisoner be asked whether he chooses to exercise his privilege of being tried by half aliens and half Englishmen . " To this Bernard answered : — " I trust with confidence to a Jury of Englishmen , " The jurymen were then called , and some were challenged by the Crown , some by the prisoner . It was nearly an hour before the jury was formed and sworn . Mr . James then renewed his application that the special commission should be read . The Lord Chief Justice said that was not the proper time to read it . It had already been read ; and , if there was anything in it of which the prisoner could take legal advantage , he would liave the benefit of it nt a future time . Mr . James requested that a note might be made of his application , because , although it was true that the commission had been read on the previous Friday , it was not in the prisoner ' s presence , and he knew nothing of its contents . The prisoner having been formally given in charge to the jury , the Attorney-General proceeded to open the case for the prosecution . Ho related , in n speech of two hours' duration , the facts of the case , as already unfolded in the proceedings at Bow-street ; and concluded thus ;— " It would be improper were 1 not to advert fora
moment to something which has boen intimated to me by my learned friend , namely , that great and important questions of law are to be raised in the course of this inquiry . That the question may bo raised whether the priaonerat the bar bo a subject of the Quoen within the ri ^ nlnTyoT'fKis ^? of Parl ^ -which has been committed in Faria bo a murder the accessary to which , one of the inn in agents in which , one of the causes of which , is punishable under this Act , I cannot attempt to conceal from myself . But , if it bo raised , I think that I shall have no difficulty in at ouco satisfying ; their Lordships , both upon principle and upon authority , that one who dwells in this country , and who Jfecolvea and enjoys the protection of our liiws , owes an allegiance to its Sovereign which inakoa him that Sovereign ' s subject within tho meaning of this Act of
Parliament . I shall be able , I have no doubt , to show that that proposition—which it would be fearful indeed to dispute when we consider the practical consequences -which might result were it not so—is supported by high and incontrovertible authority . I forbear to say more at present , but I shall be prepared to meet the objection if it should be raised , and it will be for their Lordships to decide whether justice will be best obtained by determining the question here or by reserving it , together with any other questions that may arise , for the consideration of a tribunal which is composed of all the Judges of the land . " The Lord Chief Justice : " Any grave and important question of law which may arise during the trial may be reserved for the decision of the fifteen Judges . " Several French witnesses ( chiefly connected with the police ) were then examined , to prove the deaths of the two persons indicated in the indictment , as caused by the flinging of the hand grenades in front of the Opera-house , on the 14 th of January . Mr . John Taylor , engineer , of Birmingham , then proved the manufacture of the shells , of which one was produced in court . They were ordered by Mr . Thomas Allsop , an Englishman , who supplied the models , and with whom the manufacturer corresponded during the progress o € the work . Mr . Taylor made six of these grenades , and he said he believed the fragments which were now produced and shown to him had been portions of those which he had manufactured . Mr . G . Morrison identified Allsop's handwriting in certain letters produced . Jonathan Whicher , detective officer , said he had been looking for Allsop for the last five weeks , and had not been able to find him . John Rogers , a sergeant of police , described having searched the residence of Bernard , at Bayswater , where he found certain chemicals , a bottle containing something black , which smelt like coal-tar , and some old letters , one of which was produced . The witness said he had seen Bernard write , and he believed that the letter in question was in his hand . Mrs . Margaret Parker , the landlady of the house where Bernard resided , stated that she was in the room at the time the policeman said he had discovered the letter in a book , but she did not see him find it . At half-past four , the court was adjourned until ten o ' clock the following morning . The jury , as is usual in such cases , were taken to the London Coffee-house in charge of the officers of the court . On Tuesday morning , Sergeant Rogers was recalled , and denied that the letter had been found in a book . He had found it folded up in a paper giving some particulars of sale of certain property . The letter was found on Sunday , the 7 th of March , after Bernard was in custody . He had since made two reports to Sir Richard Mayne , one dated the 3 rd , the other the 12 th , of April . They were founded on notes which he had made at the time , and were perfectly correct . In cross-examination by Mr . James , the witness said : — " In my original memorandum made on the Sunday , there is nothing about finding a letter , and there is nothing in it , therefore , to refresh my memory on that subject . In the memorandum relative to my second visit , there is an entry of finding a letter . I have been to Wyld's reading-rooms , at the corner of Cranbournestreet and Leicester-square . I have never gone there under the name of Roper . I was never asked my name at Mr . Wyld ' s , and I have never had occasion to give it . "—" Did you go there as a spy ? "—" I went by the direction of the Commissioners of Police to attend a public meeting there on the 9 th of January . There is a debating room up-stairs where gentlemen meet and discuss . "— " What did you go there for ? "—To take notes of who were there and what was said . I went in private clothes , and alone . I went up-stairs and passed without question into the debating room . " — " What were they discussing ?"— " M . Bernard was in the chair , und they were discussing political matters . I am a French scholar , and understand that language as well as I do English . It was an open , public debuting room . " — " Well , what was the subject they were discussing ?"— "It was a question shovving the difference between democratic and Imperial Governments . "— " Uotwcen democracy and despotism ?"—" Yes , and despotism . " - - " Where they showing the superiority of democratic government over despotism ? "— " Yes . 1 stopped there about half an hour upon that occasion . ' '— " Were there many English there ? "— " I saw two or three . " — " Will you swear there wore not more ? Bo careful . " — "I swear that X saw no more . There were between forty and fifty people there , probably . It is advertised outside the house that a debating society is hold there every Monday evening . There is a news-room on the ground floor . " " — " Turn to your memorandum and refresh your memory as to what occurred on that occasion . "— The pocket-book'thnt'I'have'wlth-me-does'not-go-so-far'bnckaa that ; but I made a report of it to the Commissioners . " — " You went there as a Bpy , didn ' t you ? "—The Attorney-General : " It would bo fairer to the witness , as well as to those who sent him , if you were to ask what his , instructions wore . "—Mr . James : " Well , what wore your instructions ? " —Witness : "To attend that meeting and report upon it . " Cross-examination continued : " And what did you report ?"—" That a number of persons wore there , and that Mr . Bernard was in the chair : uIho , the nature of
the subject discussed . "— " What did you say WM 7 subject discussed ?» - " 1 don ' t exactl y recollect S r have been to that debating room several times since ! i went the next time on the following Monday "—«^ spy ?» —" I Went as directed . "— " That is a p lain EnriLv question : did you go as a spy ?"—The Chief JasH « " You had better get the facts from him , and youT draw any inference you please . " n A long discussion ensued as to whether it was n missible to put the question broadly , " Did you B a spy ? " The Attorney-General strongly objected to * f but Mr . Edwin James contended that he was entitled f ask it . Such a question had been put on the tri 1 t Hardy , and it was allowed . The Attorney-General rejoined that " his learned friend had no right to put question , the affirmative answer to which would besto an opprobrious name upon the witness , and upon tho W who instructed him . The province of the jury on that occasion was to receive evidence of facts done and things spoken which were relative to the inquiry but not to receive the comments , or descriptions , or opinions on those things , of the learned counsel for the de > fence . " After some further discussion , Lord Campbell consulted with the other Judges , and then stated that they were all of opinion that the question could not be put . Mr . James might designate the witness as a spy i f he pleased ; but to put the question " Then you went as a spy ? " would be irregular , because the witness would thus be called on to draw an inference from the facts . Cross-examination continued : " Did you go there for the purpose of listening to what was said ?"— "That was part of my duty . "— " Did you represent yourself as one of the public ?"—" I did not represent myself as anybody in particular . I walked into the room without interruption . "— " Did you speak at the meeting ?"" No . On the second occasion when I visited the place , I went up-stairs in the same way as before . Political matters were discussed . I cannot recollect the subject , but I made a report upon it . The subjects discussed related generally to French and Italian matters . "— " What did you hear ? Something very shocking ?"— " K " o , sir . " " Well , what was it ?"— " I would not undertake to sweat to the remarks I heard . "— " What were they about ? You made a report you know . "— " Political subjects . " — ¦ What political subjects ?—the administration of India , or Parliamentary Reform , or what ? "— " I do not remember . 1 made a memorandum , I believe , at the time , which I can got . I went again to the rooms on a subsequent occasion , and was refused admittance . "—" Did Mr . Wyld tell you that vou were a spy of the French Government ?"— " lie " did not . "—" That you'll swear ?"—" Yes . I made a report that I could not get in . " — " And these reports of what you saw and heard were made to the Commissioners of the English Police ?"—" They were . I have made four or five such reports . I have not sent over any reports to Paris , and I have not written any reports in French . "— " Were you paid for this duty by the English Government or by the French ?"— " I am pot paid for this particular duty . 1 receive a salary as police sergeant , and receive nothing extra for this duty . I have been in the police force seven years , and have been engaged in this way since November last . Part of my duty has been to watch the French and Italian refugees , and I may have made twentv reports to the Commissioners since I have been so engaged . "— " Is tliis going on now—are you acting in this way now ?"— " When I receive orders to do so . —" Did you receive a specific order for each specific case , then ?"— Yes , when I was to attend meetings . — " Have you been about with the French officers ? - "No , sir . "— - " Will you sweur that ?"— " >\ ill you allow me to ask you in what capacity you meant - Mr . James repeated his question . —Witness : 1 nave never been about on duty with the French officers , l nave talked to them in the street since the trial commenced , and I uavo seen them at their hotel when I have conveyed messages to them from the Commissioners , orirom them to the Commissioners . I have never been « W other meetings but those that wero held at Mr . w yiu debating rooms . Tlio last report that I mode on tj . subject , descriptive of the discussions which toOK p » i there , was about six weeks ago . Tho momorandwa on which that report was founded is not »» v book that I have with me . If I mudo a momoraiidun , I can find it ; but I did not always make notes w »«" intended to make a report on the following uuy . '" 1 last went to Wyld ' s rooms and was refused « um » tanco I was accompanied by Sergeant Lockyor , oi detoctivo force . I have a memorandum Hero o » visit . I will swear I have never been going aw London with two Frenchmen for political J " "'' ^"' ^ , repeat that I have a regular salary as a P «? " . L ^ l- ~ havo-never-recelved .-any ^ iion « y frojajjii , thlD _ Government . That 1 will » woar . I hnvo ~ iuSt wre the last two months received , any money lor » V ^ vices in tho police beyond my regular milary- -- * / Lord Chief Justice : " I have not ^ attended «« y meetings than those at Mr . WyUl'a . " rnndtho Tho Attorney-General then said ho proposed to ¦ iw » letter from Alldop which had boon found at Moro « i « house . Mr . Edwin James and Mr . Simon oWjoWJ contending that a man oould not bo hold ««»«[« « JLh any violent letter lie might receive , in rospcot oi w
-
-
Citation
-
Leader (1850-1860), April 17, 1858, page 8, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_17041858/page/8/
-