The Express.
London, England, 1849-11-07 00:00:00

GERMAN Y.

BAVARIA.—Srtar, Ocr.27.—Numerous deserters
end members of the free corps come in daily f‘om
France and Switzerland, but are immediately seized
and shut up in prison. The Baden authorities have al-
ready given up all the Bavarian prisoners of war, with
the exception of four who are too deeply compromised.
Rodolphe Megtrhofer, formerly under secretary of
state to the minister of war, at Carlsruhe, was not
among the Brat body of prisoners at Spire on the
18th, but is still at Carlarnhe.
A certain number of ineurgents have just been
taken to Den: Ponta, to be placed before the Court of
Appeal. Along the whole route, both in towns and
villages, they received presents of money, linen,
provisions, &c. This proves how lively an interest
still prevails in the palatine.s for the free crepe of tee
revolutionists.

THE CASE OF MRS. MANNING.

DECISION OF THE JUDGES.

COURT OF CRIMINAL APPEAL
THIS DAY.
A Court a Criminal Appeal, held pursuant to the
late net, sat this day in the Exchequer Chamber, Westmin-
ster-hall, to try the point whi.th had been raised by M.s.
Maaniag's camel at the late triel—namely, that, being a
foreigner, she was entitmd to be tried by a Jury de inedietate
lisigue, and not as • British-bon subject.
The judges present were Lord C;:ief Justice Wilde, the
Lord Chin Baron, Mr. Juan** Cromwell, Mr. Baron Platt,
and Mr. Justice Coleridge.
The Attorney- Clanteral appeared for the crown, sad
Messrs. Ballantine and Parry for the prisoner.
Mr. Ballantine stated that he appeared for the prisoner,
Mails Meaning, now under sentence of death in Honemott-
ger-lase gaol, who complained that, being • foreigner, she
lied not had • fair trial, according to the 28 Biward 111.,
which provided that rear p-non charged with a crime had
a right to be tiled de meditate tinged e, that was to say,
by a jury eoreplsid hAlf of foreigner and hilt of
Englishmen. The point had been overruled at the trial, on
the ground that, by the 7 & 8 Victoria, any foreign woman
marrying an Englishman entirely forfeited her national cha-
racter, and became to all intents and purposes a Brinell sub-
ject. He (Mr. Ballantine) contetded that Mrs. Mannino, a
native of Lausanne, in tiwi•zerland, end marrying an Eaglish.l
I man, previous to the net of Victoria, bad a right to the pro.
visions of the statute of Edward, enders knowledge of which,
and with a filth in the provisions of which, the had no doubt
haemis • denizen of this country. The statute waa founded
lea the broadest principles of justice, si sing that a foreigner
hr.ught to the bar in this country. might be tried
aid condemned in total ignorance of wilt was
going on, and might consequently be deprived of
every chance of proving his or innocence. He con-
leaded further that such • right could not possibly
be imeeladed by marriage in cases where ooverture did not
puma Ms women from the consequence of her own act. A
fereign woman charged with murder could not claim co-
Torture, and, therefore, she was, in justice and
equity, entitled to all the sefeguards to which the law
entitled her is their fullest and broads% sapience.
The leareed *mud proceeded to quote various legal
authorities, especully Chitty's Pleas of the Croon, in sup
port of his proposition, the argument being nearly similar
to that whisk had previonely bean urged at the Central
Criminal Court. lie said that se that oecseion the Anon nay-
Gemmel seatanded that a person claiming a jury do niethetete
Inagua, should prove his or her alieemp, sad that there was
no proof in this ease. ea the contrary. they hod biped
proof in the 7th and Bth Victoria, as it applied to Meek
Mensisg, that she wee to all intents and pur-
poses, in the eye of the law, • British 'abject. Hs (Mr.
Bedlentine) maintained that the Attorney-General had as
right to throw the prisoner es proof el *linage, but that.
claiming ajary de ousedieeste she Ws right to be hoard, and
that consequeatly she bad not had • fair trial. The fair
esestrsetien of the 7 and 8 Victoria was that.her marriage
with • British subject gave her all the rights and privileges
of • British subject, bat did not take from her
any right or privilege which she hat hitherto enjoyed. The
1-coned counsel was premeds, with the site ion of a teas
from " Foam's Crown Law," that of • Frenchman charged
with stung from • shop, thou a capital offence, when
Mr. Judos Croswell asked what was Foster's c Jason'
on that case ?
Mr. B olaatine weld sot find it in his copy of Foster.
The Attersey-Cienentl—lt is ban. Foster says that the
judge who decided in favour of the Frenchman exercised
mere humanity than discretion. (Laughter.)
Mr. Ballantine said in concludes that he believed that
the am of Victoria applied ally to eases of property, and that
the right of foreigners to • mixed jury is criminal eases re-
noised intact, as provided by the statute of Rimed.
The Attorney-General said that be appeared in support of
the conviction. The first statute referred to the ease of Ed.
ward 111., e. 2, but he contended that nosily applied to issues
b.twesa two parties, sad had reference to civil caws only.
The next stavate, 28th Edward 111. 6. 13, sec. 2, followed
the sense reasoning. Besides. the word " deniun" used in
the statute did not mean merely a foreign resident, but •
person residing in, and entitled to all the rights end privi-
leges of a subject of, the realm. The learned conned for
the primmer was mistaken in kis asdentanding of the statute
de weediest* lingua). It did not mean that one-half of the
jury should come from the country of the prisoner, but that
they should be foreigners merely. 'They might be Russians;
and therefore the plea that the prisoner was entitled to a
jury undinstauding her language IA at once to the ground.
The learned Attorney-General having cited several anthori
ties es the !abject of denisenship, proceeded to say that the
point was very clear. No person was entitled to the privilege
claimed bat an ellen ; a denizen was not an alien, and the
primmer being to ell intents end purposes a demises, had no
right to be Wad by • jury de seeditale.
Mr. Banalities, in reply, submitted that the woman
should have bad • mixed key, as claimed, and that trial by
such a jury would not have been a min-trial, weeding to
the record. His client was an slim bars, and no statute
mild sitar her position. It had Iris ruled is the Nee of
Brew lbelesald, who was taken in arms en the French
Maoism d Iralaad, that although having resided in
Femme bent the age of three months he was still
a Beth& sahlwate and that nothing could alter the
feet el his 'stair,. If that eseesning held in the um ad a'
British subject, it should surely hold ilso good in the ewe
• foreign:. The lamed entwel, having briefly reelemell
the erpment of the AttenimMeserel, essudeded by esee
tastier; that the point he bed raked remained perked,
imam.
Their isrdships them retired fer esneellsties.
Their *dais bevies soniali IR sordid= to half an
hour,