The Express.
London, England, 1864-12-05 00:00:00

COURT OF QUEEN'S BENCH.

Attar Term Sittinp at Nisi Prins at Westminster.—(Before
the Lord Chief Justice and a Special Jury.)

THE QUI,E4 O. RUMBLE.

This was an indiciiii;e4, reteo;e7dioto this court by cer-
tiorari, for an alleged breech of the Foreign Enlistment
Act by the defendant. The defendant pleaded not guilty.
The cue is expected to occupy the court at least three days.
The Solicitor General, Mr. Lush, Q.C., Mr. 11116D011. and
Mr. Vernon Harcourt, wars counsel foe the crown, in-
structed by Mr. Greenwood, the solicitor to the Treasury ;
Mr. Bola, Q.C., Mr. Hantlidte, Q.C., and Mr. Ssrjeeot
Mahe:Aloe, aad Mr. M•Vamete, were conned for the de-
fendant, iostructed by Meer. purism sod Lewis.

The fivolicitor•Geoiral said this was a prosecution under
the Foreign Enlistment Act, which was pained for the
peace and preservation of the kingdom. The defendant
was inspector of machinery at Sheerness, and the pressen.
lion had been ingdituted by her Majesty's government with
pain and regret, but it was their imperative duty to do so.
He then called attention to the provisions of the Foreign
Enlistment Act, which was passed in l il9, and
was to prevent the equipping, fitting out,
and arming vessels for the service of a foreign country. The
first part of the section relied on related to military service,
and the seoond to the ease in question, viz., the arming of
reseals or the enlisting or procuring to enlist persons
for foreign service. Not that the latter was
necessary, because procuring or inciting a per-
son to commit a misdemeanour was guilty of
a misdemeanour himself. The section of the act contained
a great many words, and the question was whether they
elucidated or obscured its meaning, bat he thought it was
abundantly obvious the legislature intended with the
greatest number of word, to prohibit that mischief against
which the act was directed. And the view submitted to lb*
crown was that any equipment whatever of a vessel
with the prohibited intent, was an offence, or in other
words, that it was not necessary the equipment should of
itself be of a warlike character, but that if any person
assisting in providing rile or motive power, each as engines
and boilers, he wee guilty of an aflame under
the act, provided always it was proved that
the equipment of which be was a party, was
made with the intent that the vessel should
be able to cruise and commit hostilities against some
country at amity with the Queen. On the breaking out of
the dimastrous war in America a proclamation was issued
by her Majesty which recited the provisions of the statute,
and all her Majesty's subjects were by it most emphatically
warned, on pis of iscurring her Majesty's highest dis-
pleasure, not to infringe that measure. The proclamation was
extensivelyeirculated throughout the kingdom, and probably
every one of the Queen's subject, was acquainted with it,
but certainly no officer ie the Queen's service could pretend
to be ignorant of it. The learned Solicitor-Georgia then
detailed with cossiderable minuteness the facts relied
on by the crown, which would be given in eel..
dime. The witness' to be called were those who bad been
engaged by the defendant, and be understood that two of
thtni had written lettere erogierating Mr. Rumble. That
was a fit matter of examination and inquiry. He did not
.barge Mr. Rumble with baseness in acting es he bad for
rai:Zut from a feeling of sympathy with the Confolerate
but that was no reason why he should break the
provisions of the statute.
Witnesses were then called, and the case was proceeding
when we west to prem.

Tin YELTERTONCABIL-01 this 0180 being called
on in the Edinburgh Court of Session, on Saturday, Mr.
Gordon, for Major Yeleerton, proposed that the judgment
of the House of Leeds be applied. Mr. J. Campbell
Smith. for Mn. Yelvertes, objeseed to the applientioe of
the judgment, and asked that the oossidentian of the mo-
ttos should be delavoi esti' the question reading the ret
norster is disposed of. After a loog argument, the Lord
President announced that judgment would be given in a few
da/s•