The Express.
London, England, 1855-01-05 00:00:00

and he said that If that had been gate late
he felt some "maidens, that he should have been .Me to
satisfy the jury that in that ease he bad not essunitted the
crime of wilful sad deliberate murder, and that at mast he
was only amenable to a charge of manslaughter. With re-
fennel to this charge he shoed submit to the jury that
there was no evidence of any motive for the semmissise of
each a Whereas mime, that it was admitted the prisoner
wad Mr. Moore were ea friendly team and he asked whe-
ther it was probable that if snob a elm had been in
matemplatim the prisoner would ham game te the house
asioraledwatea female. le urged that it was ea-
trez
that some spend had suddenly
arises, ma that under the lespeles of passion
the risme bed eonamitted the dreadful act of
bilge, Mr. Weft For that ass which would
satleabtedly simeunt to the awns of manslaughter,
the simmer ems liable le very severe punishment, and
he said It appeared to his that the jury would be
justified in aegelstieg the primer upon the present charge
and leaving lam to be deals with spathe original one, from
tibia he admitted he weld not hope to escape so far se re-
garded a cossistien for manslaughter. The learned mussel
then proceeded to &MOO that there was nothing to show
that the primmer had deliberately find at the unfortunate
man Collard, and he said the jury would bear in mind that
the moment be dropped from the paling into the road he
was laid bold of by three or four men, and that there was
nothing more likely than that the pistol went off by acci-
dent. With regard to the fact of the prisoner carrying
arms about him sash as had been described, be said that it
was the custom among foreignen to do so and he
observed that if the prisoner had really been ac-
tuated by the murderous intention Imputed to him,
the dagger that was found upon him was a much
more ready and deadly weapon than even a
pistol. lie concluded an eloquent speech by earnestly
entmting the jury not to return a verdict the inevitable
effect of which would be to sacrifice the life of the prisoner,
but that they would take a mine which would gin him,
during a long period of misery and degradation, an oppor-
tunity for repeating the crimes he bad committed.
The Lord Chief Justice then summed up. lie said it
was his drity.to inform them that whether or not the act
committed by the prisoner against Mr. Moore amounted to
the crime of wilful murder or manslaughter, in either case
a felony had undoubtedly been committed by the prisoner,
and the law of England in such a case was that every one
of the Queen's subjects was not only empowered but re-
quired to assist in the apprehension of the felon, and if he re-
sisted and killed any one who endeavoured to arrest him, that
act amounted to the crime of wilful murder, and there could
be no doubt whatever upon the poist.They were not at that
moment considering this charge, but it was his duty to
tell them that the prisoner bed undoubtedly, upon the
evidence, been guilty of felony; and Collard, the unfortu-
nate dem:seed, was most certainly only performing his duty
in a most praiseworthy and proper manner in endeavouring
tc arrest him, and if they should think that the prisoner
wilfully discharged the pistol at him while so engaged, they
would have no alternative but to find him guilty of wilful
murder. The learned judge then went through the whole
of the evidence most minutely, and concluded by leaving
the case in the hands of the jury.
The jury retired at fin o'clock, and in about three.
quarters of an hour they returned and gave a verdict of
Guilty, coupled with a strong recommendation to mercy.

The usual proclamation for silence was then made by
Mr. Harker, and the prisoner was at once called up for
judgment.
Both the learned judges having put on the black cap,
The Lord Chief Justice addressed the prisoner as fol-
lows : Emmanuel Barthelemy, the jury, after careful delibe-
ration, have returned a verdict in your ease in writing,
which now lies before me, in this. words : "We find the
prisoner guilty, but strongly recommend him to the merci-
ful consideration of the court and her most gracious Ma-
jesty the Queen." That is a verdict of guilty, and in
that verdict I entirely concur, and I think that no twelve
honest men of any country in the world could have Riven
any other. The evidence was most clear. Knowing that
you bad committed a felonious act, you were trying to
cusp. from justice, and when Collard, the unfortunate
deceased man, attempted to apprehend you, you
deliberately and designedly put him to death.
That, by the law of this country, is murder;
and by the law of every civilised country such en act should
be punished with death, for it would be impossible for
society to exist if the life of a person who endeavoured to
apprehend a person guilty of crime of this character were
allowed to be sacrificed with impunity by the guilty party.
The deceased was only doing his duty as a subject of th
Queen and a good citizen, but when he attempted to secure
you, you deliberately fired a pistol at him and destroyed his
life. I will lay before her Majesty and her advisers the
recommendation of the jury, but at present I can do no
more than pass the sentence of the law ; and I at the earns
time most earnestly entreat you to prepare to leave this
world. I don't know upon what ground the recommenda-
tioa is given. I look upon your crime as one of great
atrocity and without any mitigation. I will, how-
ever, lay that recommendation before the advisers
of the crown, but I exhort you to prepare to
undergo the dreadful sentence which I am about to
pass. It is quite clear that on this evening you COM-
mittod two crimes of great magnitude, and I must say that
upon the evidence relating to your attack upon Mr. Moore
I cannot see any circumstances that would reduce that
crime below wilful murder. Having committed it, and
knowing that you were justly pursued, you deliberately de-
' strayed the life of the poor man Collard, totally regardleu
of the consequences to him or those depending upon him.
I implore you therefore to repent—you will have the assist-
, awn of a clergyman of your own religions persuasion, what-
L ever that may be, in so doing, and I entreat you to take ad-
' vantage of it. The learned judge concluded by passing len-
; term of death in the usual form.
L The trial lasted nearly eight hours, and during the whole
of that long period the prisoner, who is a most ferocious,
Ir
repulsive looking man, stood firm and erect in front of the
bar, and did not betray the slightest emotion. He exhi-
bited the same callous indifference while seatence was
, being passed, and when the learned judge had concluded he
I was heard to say something to one of the turnkeys, and
then walked deliberately down the stairs leading front the
dock.

At the conclusion of the cam Mr. Bodkin applied to the
court to exercise the power vested in it to order a rum of
money to be paid to the widow of the unfortunate man Col-
lard.

The Lord Chief Justice said it was as well it should be
known that the court possessed the power in every cue
where a person lost his life in the end to apprehend
a felon to order a sum of money to be paid to the wife, mo-
ther, child, or other relative who might be entitled to it.
H. should certainly exercise the power in the present cue ;
but he should not fix the amount until he had further in-
formation with regard to the condition of the family of the
unfortunate desessed.
This trial concluded the business of the session, and the
court adjourned to Monday, Jan. 2P.