The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1858-04-27 00:00:00

COURT OF QUEEN'S BENCH.

TUERDAY, APRIL 20.
(Sitting in Bann, before Lord CAMPBILL, and Justices
WIOUTSIAN, ERLE, and CROMPTON.
PHI QUM V. BERNARD.
At the sitting of the Court this morning Mr. Edwin
James, Q.C. (with whom was Mr. John Simon), said he
was instructed to move for a writ of habeas rorpaa to
bring up the body of a prisoner. Simon Bernard, with •
view to hie being liberated on ball.
Lord Campbell said the prisoner was clearly entitled
to be liberated on bail.
Mr. Judie° Erie suggested that the usual and proper
0011TIR was to apply to • judge at chambers.
Mr. James said notice had been given to the Crown
that the applioation would be made, And that the defen-
dant would be prepared with bail at the rising of the
Court.
Lord Campbell said the defendant, being indicted for a
misdemeanour, mu in custody, would be treated exactly
the came as any of the Queen's subjects.
Mr. James wished to have a habeas corpus to bring up
the prisoner at the tieing of the Court.
Lord Campbell said he learned from the officer that
this wee not the usual course,
Mr. James said notioe had been given to the Crown.
Mr. Juatioe Erie said the defendant might have been
set at liberty yesterday if the application had been made
at chambers.
Mr. Justice Crompton asked what the nett°e was which
had been given?
Mr. James said that an application would be made
this morning for the defendant to be brought up at the
rising of the Court.
Lord Campbell I Let it be so.
Mr. James applied to the Court to fix the amount of
He (Mr. James) had the names of two gentlemen
who were willing to give bail to any amount, but it
would facilitate the matter if the Court would Si the
amount.
Lord Campbell, after conferring with the other judges,
said the Court thought the defendant should enter into
his own reeognizenoes in the sum of £l,OOO, with two
sufficient sureties in £6OO each.
At a little before 4 o'clock the defendant was brought
up.
Mr. Bodkin appeared on the part of the Crown, and
apologized for the absence of the Attorney• General, who
wu at that moment engaged in addressing the House of
Lords.
Lord Campbell observed that the Attorney-General's
presence was not at all neoessary.
Mr. Bodkin, being informed by the Court that the
defendant was to be liberated on bail, and that the
amount had been fixed, said that the persons tendered as
sureties were responsible.
The defendant, Simon Bernard, then entered into his
own recognizanoes in the sum of £l,OOO to take his trial
on • charge of conspiracy, with two sureties, Mr. Peter
Stewart, of Liverpool, and Dr. Epps, of Great Russell-
street, Bloomsbury, each in the sum of £5OO. He then
bowed to the Court, and retired.

COURT FOR DIVORCE AND MATRIMONIAL
CAUSES, APRIL 20.
(Before the JUDGE ORDINARY.)
PULLEY V. PULLEY AND SAMUEL.
Dr. Twiss said, this was a petition for a dissolution of
marriage, and he had to move that a commission might
issue for the examination of witnesses in Paris. The
affidavits on which the motion was founded stated that
some of the witnesses were unwilling and some were
unable to mine over to this country to give evidence,
and that, if a commission were issued, the judge of the
French court, which has jurisdiction in cases of adul-
tery, would take upon himself to execute it.
Dr. Swabey, on the other side, assented to the applica-
tion, and said that the wife also wished to examine wit-
nesses in Paris.
Sir C. Cresawell thought the commission ought to
issue, and suggested that the learned counsel should
refer to "Clay r. Stevenson," and " Gye v. Lumley,"
in order to ascertain the proper form of the commission,
and the manner in which the evidence should be trans-
mitted to this country.
PEACOCK V. PEACOCK.
This was a suit for a judicial separation, instituted by
a wife against her husband on the ground of adultery.
On the application of Dr. Swabey, for the wife, assented
to by Dr. Phillimore, for the husband,
The Court ordered the case to be tried by a common
jury upon vied roee evidence.