The Press.
London, England, 1858-04-17 00:00:00

THE PRSS, APRIL 17, 1858.

on the night of the 11th December. Evidence was
also given to prove the purchase of a brace of re-
volvers by Orsini and Pierri of Mr. Hollis at Bir-
mingham on 20th October lust, and on 23rd Novem-
ber of another revolver by Pierri.
King, a clerk of the South-Eastern Railway Com-
pany, deposed to Bernard having sent through him
to Paris a case containing a brace of revolvers and
a sample of pitch on 2nd January last :
He then made some inquiries as to the arrival and de-
parture of the trains. He did not sign a declaration of
the contents of the package, but he made a verbal de-
claration, which I took down as he spoke it. It was as
follows :—" Two revolvers, value twelve pounds ; samples
of pitch, no value." He said I need not be afraid at his
not signing the declaration, and he afterwards said that all
the expenses would be sorely paid, as the articles were
going to a highly respectable person at Paris. After this
I gave the prisoner the particulars of the departure of
the trains, and I then inquired whether he was going to
Paris, and he said be was not—he should only go there
when " the other one " came back here. Ho at the same
moment pointed behind him. 1 asked him what he meant,
and he replied, " Wait a little while, and you will soon see."
He at the same time pointed to a trico:our that was in
the street, and said, " Votre bun *Hie " (your good ally).
The whole of our conversation was in French. I put the
seal of the company upon the parcel. (The covering was
shown to the witness, and he identified it.)

M. Outrequin deposed to having received this
parcel, but he cou:d not swear that the pistols now
produced were the pistols he received :
Orsini came to my house on the same day I received
the pistols, and we examined them together. He referred
to the prisoner's letter in which he requested me to give
him the pistols, and he said that I was not to pay any
regard to what Bernard said, but I was to sell the pistols
as soon as I could. I consequently retained possession
of the pistols, with the intention of selling them, but I
saw Orsini almost every day, and he almost always in-
qaired if I had sold the pistols, and as I could not suc-
ceed in doing so Orsini took one of them away with him
in the case in a carriage. The second pistol was taken
away during my absence. Upon one occasion, after he
had taken away the pistol, he accompanied me to the
Hotel de France et de Champagne. This was on the
Sunday before the attempt on the life of the Emperor.
Allsop asked me to show him the way to the Hotel de
France et de Champagne, and I accompanied him for that
purpose. He told me before this that he expected to make
one of his German friends, whom he expected shortly
to arrive at Paris, purchase the pistols, and he told me
that the name of this person was Pierri. I afterwards
saw Pierri and Orsini at No. 10, Rue Monthabor, and from
that time Pierri came to my house several times, but .II
did not see him. The last time I saw Orsini before the
attempt was on the Sunday before it took place. Orsini
paid me the expenses for conveying the parcel containing
the pistols from London. He paid me 2•S francs 85 cen-
times. There was a sample of pitch contained in the
package with the pistols. Ido not know what became of it.
Eliza Radio, whose appearance was regarded with
much interest, stated that one day, shortly after
Christmas, Bernard came to her husband's lodgings
in Bateman's-buildings, Soho. Rudio was out, and
Bernard, after inquiring into their circumstances,
called again at ten p.m :
The prisoner inquired if there was a bell, and I said
there was; and I toll him he must ring twice for my
room. The prisoner then said that when he rung my
husband was to go down to him, and he went away. He
did not say who he was, or what he came about. Between
ten and eleven the same night I heard the bell ring twice.
My husband was at home, and 1 had communicated to him
what the prisoner bad said. My husband went down-
stairs, and was absent about ten minutes or a quarter of an
hour. The bell was rang twice on another occasion, and
my husband went down, and was absent about the same
time ; and when he came up he brought fifteen or sixteen
shillings. Upon another occasion the prisoner came
when my husband was out. He came into my room, and
asked me if my husband had got any clothes, and I told
him he had not got many. He then wanted to know
whether he had any stockings or shirts, and I said he had
only got enough to change himself. I all t told him he bad
a coat in pledga. The prisoner then said that he would
buy my husband some clothes, and he inquired whether
he had a carpet-bag, or anything to carry luggage in. I
told him he had a boa, and showed it to him, and he said
it was too large, and he would buy him a carpet-bag. Upon
this occasion the prisoner gave me a half-sovereign, and
said that was to get some coals and some other things to
go on with, and he also said that when my husband wanted
any money he was to go to him at the Cafe Suisse, and he
should have come to hint before. I toll him my husband
did not like to go. When he went away he said he should
call again. My husband came home in about halt an hour,
and I told him what had taken place, and showed him the
ha'f-sovereign. On another night in the same week the
bell rang twice and my husband went down. I looked out
of the window, and saw a man talking to my husband like
the man who had come upstairs. My husband left home
on a Saturday, and I never saw him again in this country.
At this stage of the inquiry one of the jurymen was
indisposed, and he left the box. He returned in a
short time, and a medical gentleman who had been
in attendance upon him expressed his opinion that
it would not be prudent to keep him much longer in
the court.

The LORD CHIEF JUSTICE upon this said that the
ease should be adjourned at the conclusion of the
examination of the witness who was at present in the
bar.

The examination of the witness was then pro-
ceeded with. She said .
On the Friday night before my husband left the bell rang
twice as before. My husband was out, and I went down
and brought the prisoner up into my room, and shortly
afterwards my husband came in. The prisoner on this
evening gave me half a sovereign ;to fetch some of my
husband's clothes out of pledge, and I went to a pawn-
broker's for that purpose. I took a coat and a waistcoat
out of pledge, and took them to my lodging. The prisoner
was gone when I got back, but my husband was there. The
prisoner came a second time to our lodging on this night,
and I went out of the room, leaving him and my husband
together. Before I left I heard the prisoner tell my hus-
band that he would go away iu the morning. They talked
in a foreign language. I was sent out to fetch a pint of
mild ale, and I did so ; and when I returned they were
still talking in a foreign language; and the prisoner also
wrote several notes, but I do nut know what they were.
He folded them up, but I don't know what he did with
them. My husband went out and fetched a carpet-bag,
and the prisoner said he would give me 12s. a week while
my husband was away, and he told me he woul,l bring it
to me every Monday night. We had no money on this
Friday night until Mr. Bernard came; bat after he wits
gone, I saw a piece like one of our crowns, and another
like a half-sovereign, on the table. During the conversa-
tion between the prisoner and my husband, I heard some-
thing said about a street in Paris, and the number 277.
The prisoner said that when my husband arrived at the
end of his journey he would find somebody he knew, but
he did not say where las was going. Until I saw some-
thing afterwards in the newspapers, I had no idea where
my husband was going. My husband went away about
nine o'clock on the following morning, and he took the
carpet-bag with him.
This witness further stated that, on the following
Monday, Bernard called, gave her 125., and said she
was to leave her lodgings for Nottingham, her native
town :

He then inquired if there was a train went that day, and
I told him no. He then said I was to go by a train the
nett morning, and if I read anything in the newspapers
about my husband I was to take no notice ; and he then
gave me a sovereign to pay my fare. On the same occa-
sion the prisoner told me I was to say that I was going to
my mother at Godalming, and not to Nottingham. The
prisoner told me he would send me some money on the
following Monday, and he said I was to go by the name of
Eliza Booth, which was my maiden mime, when I got to
Nottingham, and he would send me the money in that
name. I knew the prisoner's address, and he asked me
if I had told it to anyone, and I said I had not, and he
said that was quite right. I inquired of the prisoner how
my husband's name was to get into the newspapers, and he
made me no answer. The prisoner also told me that if
anyone asked me about my husband I was to say that I
knew that he was very well.

The indisposed juryman having become extremely
unwell, Lord Campbell desired that the court be
adjourned.

On the fourth day (Thursday) the cross examina-
tion of Mine. Rudio was proceeded with, but her
previous evidence was not in any way shaken. Seve-
ral other witnesses were then examined. M. and
Mme. Mechenheim, residing at Brussels, deposed to
Pierri's arrival there on the 7th of January, and his
departure for Paris on the same day :
Pierri said he found the train by which he was about to
leave Brussels went earlier than he had anticipated, and
he would be obliged to go by the last train that evening.
He said he must return to my house, for he had left his
railway wrapper there. He then gave me a package, say-
ing, " Madame, will you take this ?" and I said, " Thank
you." I thanked him at the moment because I thought it
was something he had brought for me from England. I
remarked that it was very heavy, and I asked him what it
was. He said it was a new invention. He asked me to
hold it for him while he went for the railway wrapper. It
was wrapped up in brown or very light paper. went to
the house of s friend in the Rue St. Gudule, while my hus-
band and Pierri went for the railway wrapper. I carried
the parcel in my muff. I guessed it was metal by the
weight of i► I knew there was a hole in the arti'le in the
parcel, for i placed my thumb in it. It was something
rather oval in shape, like an entire orange with a hole in
the top, on which I placed my thumb. I did not undo the
paper. It was loose and shook in my hand.

Clerks from the Bank of England deposed to the
fact of Orsini having exchanged 4251. in gold for
notes on the 26th of November last; the notes now
produced were part of those issued to Orsini. While
Mr. Spielman's manager identified Nos. 89,027 and
89,032 notes for 201. (two of the above), as the ones
changed and endorsed by Bernard on the 2nd and
6th of January last. The evidence of fellow lodgers
of Rudio showed the extreme poverty to which he
was reduced before Bernard called upon him. " I
have frequently lent him;' said Harriet Fay, "4d.,
6d., or Is. to buy a loaf of bread with :"

I remember Mr. Bernard coming to the house, and I
remarked that they immediately showed signs of being
better off. Mrs. Rudio and her husband repaid me the
sums I had lent them, and they took several articles out
of pledge. Before that they appeared to be in ♦ery deep
distress, pawning their clothes from day to day. I twice
saw Bernard myself.

Evidence was also given of the conduct of the four
conspirators in Paris, and the case for the prosecu-
tion was then closed.
Mr. JANES intimated a desire to postpone his
address until the morning, WI said that it might be

-----=---- _..--
convenient, probably, if he were to hand in before
the adjournment of the court a statement of the
points of law upon which he depended, and which he
wished reserved.

The LORD CHIEF JIMITICE said that it would be
convenient if the learned counsel were to do so.
Mr. JAMES then said—The first point which I
venture to submit to be reserved for the opinion of
the fifteen judges is, that the prisoner is not one of
her Majesty's subjects within the meaning of the 9th
of George IV., cap. 81, sec. 7, which is the act that
gives your lordships jurisdiction to hold this special
commission. The second point is, that the pr►soner
was not an accessary before the fact to any murder
within the meaning of the aforesaid statute. The
third is, that there is no proof of any murder having
been committed within the meaning of that statute.
['he fourth is, that the murder to which the prisoner
is charged by indictment to have been accessary be.
fore the fact is proved to have been committed by
aliens upon an alien within the kingdom of France,
and not by any of her Majesty's subjects or upon
any of her Majesty's subjects. Fifth, that no
evidence of any acts done by the prisoner on land
out of the United Kingdom and withoutl.the Queen's
dominions, or of any act done by any person in pur.
suance of any authority from him on land out of the
United Kingdom and without the Queen's dominions,
was properly receivable in evidence on this trial.
Sixth, that th principal offence of murder charged
in the first three counts is not alleged to have been
committed by any of her Majesty's subjects. Seventh,
that the letter of the Ist of January, 1857, signed
" T. Allsop," was improperly received in evidence
against the prisoner. Eighth, that by the special
commission this court is only authorized to inquire
into and to try the prisoner on the charge of being
an accessary before the fact to a murder committed
by Orsini and others upon Nicholas Bettie and a
person name unknown, and that it has no jurisdic-
tion to try the prisoner on the charge of wilful mur-
der as principal. Ninth, that the 4th and sth counts,
which charge the prisoner as a principal, set forth
that the alleged murder was committed in Paris out
of the Queen's dominions, and that the prisoner,
being an alien, cannot be tried as a principal for an
offence so committed.

The LORD CHIEF Jusricz.—There appears to be
no objection to reserving any of those points except
the seventh ; but that point, as you must be aware,
was argued before us, and we were unanimously of
opinion that the letter was admissible.
Mr. JAMES.—If your lordship think it right not
to reserve that point, of course I will not press it.
The LORD CHIEF Jusnca.—l think that all the
other points which you have raked are very fit indeed
for the consideration of the fifteen judges.
Mr. JAMES.—I have endeavoured to raise them in
as clear and concise a form as possible.
The LORD CHIEF JusTrcE.—As they involve points
of novelty and importance, the court will take the
opinion of the fifteen judges upon them before pro-
nouncing sentence in toe event of the verdict of the
jury upon the facts being unfavourable to the pri-
soner.

Mr. Jere.—That is all that I require.
On Friday, as soon as the court bad assembled,
Mr. JAMES rose for the defence. The learned coun•
sel having prefaced the defence by a violent tirade
against the conduct both of the French and English
Governments, came to the facts of the case before
the jury :
The Government sought to establish the guilt of the
prisoner by several propositions. First, by a connection
with Al!sop, the Englishman, and through him with the
grenades, which were ordered by him and paid for by him
in October and November, 1887. They alleged that
Allsop gave them to Bernard, and that be took them to
Brussels and handed them to Gigi, but the link of
identity was entirely broken, and there was no proof at all
that the grenades bought in Birmingham were those which
did the mischief in Paris. Six grenades were made by
Taylor, at Birmingham. Three exploded in Paris, two were
found afterwards, and one had escaped; but not one of these
grenades had been traced to Dr. Bernard. No doubt the
prisoner took over some instruments to Brussels which
were to assist in bringing about a general rising for the
regeneration of Italy, but he denied altogether that the
instruments had, as far as Dr. Bernard was concerned,
anything to do with the attempt on the life of the Em-
peror. Dr. Bernard, it wee said, gave these articles to
Giorgi, a gentleman who had a most elastic memory, and
upon whore evidence he thought the jury would admit no
great reliance was to be placed. Now, that witness stated
there were not more than five or six holes in any of the
grenades, and who that ever held one of those grenades
which were used in Paris in his hand could have made
such a mistake? He swore positively in his croos-exanti-
nation that there were not more than five or six holes ;
but, on being re-examined, the sword which was hanging
over his head flashed across his mind, and he swore that
there were twenty five holes. (Laughter.)
The learned counsel then proceeded to analyse the
evidence of Rhigenzi, the Meohenheims, and others,
in reference to the identity of the grenades, end
maintained that it completely tailed to establish any
guilty knowledge on the part of the prisoner. The
only evidence, he said, proved that they were not
grenades at all which were given to Giorgi, and W

wahosaaaustrvu in run WIALIOSS WLIO WAS lib premium. w I,lle air. JAMES intimated a desire to postpone his only evidence, he said, proved that they were nos
bar. ' address until the :morning, WI said that it might be grenades at all whioh were given to Giorgi, sad W

consign a man to death upon such testimony would
be the moot cruel violation of justice. I' heny as to
the pistols, no doubt they were bought for some
general rising in Italy. That was a circumstance he
(Mr. James) did not deny, and Dr. Bernard wished
it so to be known ; but be denied that the attack on
the Emperor was counselled, instigated, or even
known to him. All the evidence was consistent with
that view of the case, and, according to the law as it
bad been laid down by Baron Alderson, the jury would
bei bound to take that subject into consideration.
As to the attempt to fix a charge of sedition against
Dr. Bernard, it had utterly failed, for the only sedi-
tion proved against the prisoner had been spoken at
a public debating society in Leicester-square. Ho
now came to that portion of the case upon which the
Crown mainly rested the evidence of the wife of
Rudio :
There was no doubt he had been engaged with Bernard
question was, whether or not Rudio was engaged
but the
specially for this murder. If that was not proved, the
argument was worth nothing at all. That woman had
given her evidence in a most exemplary manner, notwith-
standing she had been visited every day for a week by four
policemen, had been taken by them to Paris, and had •
never at any time been a free agent. He suggested that
Radio had been engaged by Dr. Bernard, on the part
of Orsini, for the purpose of a general rising elsewhere.
These grenades, no doubt, were to have been used against
an army, and not for the treasonable purpose of an indi-
vidual assassination. The materials brought by Dr.
Bernard would have charged 500 on 800 grenades • they
were sufficient for an enormous expedition, and it was
perfectly clear that that was the object of the whole
organization in Paris. The evidence of the servant woman,
Cheney, also went clearly to show that Dr. Bernard was
under the impression that Orsini had gone to Italy, and
that if the report were true that Orsini was concerned in
the attempt on the life of the Emperor of the French, that
IOW anted under some fatal impulse—that he was mad.
Dr. Bernard had promised Mrs. Rudio twelve shillings
a week for a considerable time—a time much longer than
would have been necessary for the attack on the Emperor.
They had heard of the documents which had been found
on Dr. Bernard,—bad any been found on Orsini, Pierri,
Gomez, or Radio, at all implicating Dr. Bernard ? It
might he known to them what was the dying declaration
of Orsini—he must not state it—but they might know it as
a matter of history—and they would find that it was' per
fectly consistent with the general rising be had adverted
to, consistent with the perfect innocence of Dr. Bernard,
totally inconsistent with the fact that he bad any know-
ledge of an attack on the life of the Emperor of the
French.

The learned counsel concluded his address by a
turgid appeal to the sympathies of the mob.
The ATTORNEY-GENERAL, in his reply, pointed out
to the jury that if Orsini and other persons were in
any way connected with an attempt of a political
character, and any persons were slain, they were guilty
of murder, and all and every person who furnished
them with any kind of means for the intended pur-
Foss were accessaries before the fact of the crime of
murder.

The learned counsel then analysed the evidence of
some of the witnesses, and said there could be no
doubt but that the prisoner had passed the pistols
into France ; had engaged a person to go there and
meet Orsini ; that grenades were sent ; that murders
were committed ; and that those very pistols and
grenades had been afterwards found as the instru-
ments with which the murders were committed.
They were made in Birmingham—conveyed by the
prisoner to Brussels, from whence they were sent to
Paris. The learned counsel for the defence had told
them that the instruments which bad been sent to
Brussels were not the same with which the murders
were committed, but were some new inventions,
something of a different character altogether. He
(the Attorney-General) would examine that. Were
the instruments the same or not ? Were they sent
over as inventions in gas, for he could got say at
that moment whether this was the defence intended ?
Was it intended on behalf of the prisoner to show
that the instruments sent over by the prisoner to
Paris were not the same as those with which the
Murders were committed?
• He contended that the grenades which had been
introduced during the trial were the actual instru-
ments with which the murder was committed. It
was true the witnesses bad varied a little with respect
to the form of those missiles, but the evidence had
proved to demonstration that such was the fact. If
the prisoner had sent these grenades to Brussels for
a lawful purpose, what use could there have been to
have resorted to the many subterfuges that had
been proved. It had been suggested that those
grenades had been sent to Orsini, not for the purpose
of assassination of the Emperor of France, but to aid
a general rising in Italy. He felt great confidence
in stating that there was not a scintilla of
evidence alluding to a rising in any part of Italy.
Re felt sure that the evidence had proved one thing
—viz., that the prisoner at the bar was well acquainted
with Thomas Allsop, and the fact of Allsop's pass-
port being found on Orsini was a strong point in the
evidence. The letter of Alisop found in the posses-
sion of the prisoner was a dinsot instigation to assas-
sination, and, coupled with the raising of large sums

381

branches of our foreign trade are now making sacri-
fices to maintain their credit, and that object is best
accomplished by obtaining their discounts direct from the
chief fountain for the supply of capital.
The Bullion movements of the week have not been very
important. They have been chiefly remarkable for a cessa-
tion of the demand from the United States, which last
week threatened to be rather active, and for nearly a total
absence of all inquiry from the Continent. Under these
circumstances the stock in the Bank has been increased
by about 160,0001., and 50,0001. or 60,0001. are still upon
the market. the arrivals reported since our last are
about 281,7921., nearly all from Australia. Silver is very
dull. According to the official return published in the
Gazette this evening, the imports of gold and silver in the
week ending the 14th inst. amounted to 219,5181.; while
the exports were 279,1811.
Consols have been firmer than they were last week. The
improvement, however, has been rather in tone than in
price; but, considering that business has been been
wholly destitute of animation or buoyancy, it may be re-
garded as substantial. Last Friday they closed at 96i to I.
The highest price in the week has been 96i to 1. Yester-
day they closed at 98* to f. This morning they opened
at the same. Business was inactive ; and they eventually
closed at 96i to f rather firm. In the course of the week
the Government broker was a purchaser of Reduced to the
amount of about 50,0001.
The downward tendency of Railway Shares is not yet
arrested. It has continued through the week upon all the
leading lines; and at present the signs of reaction are very
faint. The fall upon these lines averages from one to
two per cent.
The Indian Loan is very firm. The debentures have
advanced to 99i, and the scrip to 99i. The latter has been
at 1001.

CONTRACT FOR FEABNOUGHT.
Department of the Storekeeper-Genets]
of the Navy, Somerset.place,
Bth April, IeISC.
THE COMMISSIONERS for executing the
Office of Lord High Admiral of the United Kingdom of
Great Britain and Ireland, do hereby give Notice, that on
TUESDAY, the 27th instant, at Two o'clock, they will be ready
to treat with such Persons as may be willing to Coutraet for
supplying her Majesty'. several Dockyards with

FEARNOUGHT.
A sample of the Fearnougbt and a Form of the Tender may
be seen at the said 01Zoe. No Tender will be received aftei Two
O'clock on the day of Treaty, nor will any be noticed unless the
Party attends, or an Agent for hiss duly authorized in writing.
Every Tender must be addressed to the Secretary of the
Admiralty, and bear in the left-hand corner the words " Tender
for Fearnought," and must be delivered at Somerset-place, ac-
companied by a Letter signed by a responsible person, engaging
to become bound with the person tendering in the sum of SOO
for the due performance oldie Contract.

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—44, Oxford street. Manufactory, road- s tree t, Birmingham.

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