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

THE TRIAL OF SIMON BERNARD.

CENTRAL CRIMINAL COURT.—THIS DAY.
The court wee opened thin morning at ten o'clock,
The Lord Chief Justice them proceeded to sum up the thee
to the jury. Hie lordship commenced by observing that
they now approached the conclusion of the sole,,
Inquiry that had been so long under discussion
He and his learned brethren were much pleased with the
attention the jury had paid to the case. They had been suffer ng
privations—debarred from the society of .their faceiliesLerit
they had most cheerfully performed the important duty that
devolved upon them, and they cordially felt that when a
man's life was at stake, no sacrifice of personal convenien
was too great to be made. They had heard that the pri.
sonar would have the bandit of all the points of law
that had been found in his favour, and all they wen
called upon to decide was upon the fact whether the pri.
sonar was guilty of being concerned in the attempt to arse*.
nate the Emperor of the French. Technically he wan charged
with the murder of Nicholas Battle, but the substantial
question to be decided by them wee whether the evidence
made out that the prisoner wee concerned in the attempt to
assassinate the Emperor. The prisoner was charged se one
of her Majesty's subjects, and it appeared that he was reed-
ing in this country, and enjoyed the protection of its laws;
and he must remind them that he was not charged with bate
g
concerned in any act committed out of her Majesty's doing.
Mom, but with siding and assisting in add
country in the commission of a murder abroad.
They must be guided in coming to their decides
entirely by the evidence; and he could not help remarking
that a great many topics had been introduced into the in-
quiry by the prisoner's counsel which appeared to him
totally irrelevant. They had nothing to do with the
proceedings of Lord Palmerston's government or Lord
Derby's government, but they were required to say whether,
' upon the evidence, and according to their measures, and
their duty to God and to man, the prisoner wee
proved to have been guilty of the offence imputed
to him. It was not neoeseary for him to do move
than to give a brief outline of the circumstances con.
needed with the murder. There could be no doubt that
Orsini, Pierd, Gomm, and Radio were concerned in the
attempt to asessainate the Emperor, but that the plot failed
so far as the Emperor was concerned, but a number of per.
sou were killed and a hundred and fifty wounded,
and that they received no less than five limbed
end eleven wounds. These facts did not appear
to be disruted ; and he now came to the neer
eery evidence. Mr. Taylor, the engineer at Bir-
mingham, proved that he was employed by Allsop to
make six of the grenades that wore the instrument, used for
the murder, and he identified one that was shown to him se
being one of those six, and he also appeared to identify one
of the frogmen* of an exploded shell, as being a portion of
a second grenade manufactured by him, end he said it ap.
peered to him that there could be no doubt as to this part cd
the case. It appeared that since that time Allsop heel
been sought but could not be found. The next knees to
whom evidence he considered it necessary to refer was Roger,
the pelice-ofilcer. its went to the residence of the prisoner,
after he was in custody, and he there found the letter of the
Ist of January, addressed by Albeit", some other docuroes*,
and a pistol. Mrs. Parker, the landlady, a subsequent
witness, said, that the door of the prisoner's room was net
locked, and the key was always in it. He then observed
that there appeared to be some little discrepancy betwem
Rogers' evidence and that of the Landlady as to the place who
the letter was found, but it appeared to him that this dims-
pancy was not material, and the only question for the jury
was whether the letter was found in the room at all,
of this there did not appear to be any reasonable doubt;
and the handwriting of the prisoner being upon tlis
letter showed that he had reesivcd it. This witness appears
to have previously attended a meeting atWylde's,in Leicester.
square, at which the prisoner was chairman, and the subject
that appeared to have been discussed was the advantage de
democratic or a despotic govermnent. With reference*
this witness, although an attempt had been made to old
some imputation upon him, it appeared to bin that he lid
only performed his duty, and he seemed to have acted mew
instructions he received from Sir Richard Mayne or ear
one acting under him. The learned judge then mid that the
letter of the Ist of January was not received se midterm d
the fact °attained in it, but that he was aware of the state al
mind of Allsop and of his feelings with regard to the Finch
Emperor. His lordship then read the letter which referred
to the Emperor in the abominable movement of the 2nd d
December, and Mao spoke of the withering contempt with
which Smith O'Brien spoke of the Queen having kneel
" that unconvicted felon." They would say whether the letter
did not make out • determination and a with that the Empire
should be killed, when the writer distinctly stated is it,
" lie (meaning the Emperor) must die, and with him the
system which somehow or other be seems mammy if
keep up." His lordship then referred to the erideace d
the primmer having purchased a large (matey of the
material, necessary for making fulminating powder, ad
to the proof that those articles were not used fr my
pirotographie processes. It was suggested by de
counsel for the prisoner that these grenades were no
be used for the purpose of assassination but for open warfare,
but Mr. Tozer, the gentleman employed in the Floyd
Arsenal, proved that such an article had rem been used k
warfare to his knowledge, and that they were totally different*
any he had ever seen, or to the hand grenades that werenni
in ordinary warfare. The next class of evidence to which be
' had to refer was that of Mr. Marshfield MUM with mad le
the application for a loan for Allsop, and the proof that is Se
result 4,5001. were advanced to that person upon mortgage.
, This money came into Albop's possession In October, si
the jury would say whether there was any resemble dealt
that a considerable portion of it was applied to the impel
' that Orsini and the others had in view. lie then referred ts
the evidence of the extreme intimacy between Orsini and tin
prisoner, and he said that this intimacy appeared to liew
continued down to the period when Orsini left this mare
in December. According to the evidence of the Mail
Eliza Cheyley, Orders housekeeper, in crossersairetke,
Orsini had told her that he intended to go to hely, red dis
appeared to be relied on as proof that he had ems Medi
connexion with that country rather than any 'statical
assassinate the Emperor of the French. His lordship the
referred to the evidence relating to the paseports, sad be sal
it was clear that Orsini had gone to Paris with a pm/sport thd
had been given to Alleop, and that he tramiled twee
the name of Allsop. He next came to the did** d
• very important witness, de Oeorgi, who was maple**
carry the grenades to Brussels ; and be raid the jury wed
' have to decide whether the articles which the prisocerrept
mated to be gas irons were not, in point of fact, the leant
Mints that were made use of at Paris on the 14th of Jar
by Orsini, Pierri, and the others. He would not state bit
opinion of the credit to be given to this witness dal"
for the jury ; bat he mug say that ho oould not see my ter
dm this withers could have for not speaking the ltall,
that he appeared to have given his testimony with hkent
Kof ll
thaned candor.ut.e.
teITI a tr
came
toc the evidencetheevidenceat Y.
afi Soiree,
and he appeared to think that the grenade. retold
to him, and which was one of chops found at Paris sew *I
attempt, was not of the same character as those be had eta
ieldr
zgheeeh,
in his cafe at Brussels, and which had been taken there/ff
Georgi. Madame Righenzi, the wife of the other VOA
WY then examined, and she appeared to have liken pear
lest notice of the articles that wen brought to the aid, aid
dated that she counted the number of holes that wee is de
iron balls, and that there were twenty-four orweetr tiles d
them,and this corresponded with the deerriptim of the ocieleld I
article manufactured by Mr. Taylor,at Birmingham They*
noes Zeguerus then proved that he had conveyed theme"
from the Café Sntsse to Paris, and it appeared that
artifice that was resorted to, of sending a horse wall
hirer
no suspicion was excited, and the instruments of Mamie
an:ved safe at their destination. There was thin the
eft
dente of the purchase of the revolvers at Birminghsa
red
the sending them to Paris al a pretended article el
mem, but the jury would say whether the cow ••
merely an artifice that was resorted to foe the
pose of preventing enspkien, and the reel *Ma 7
that the revolvers should get into the poseeed.,!
Pierre The next important withal" was Jamas liise,ae
clerk at the railway offios is the Regenercircas. allow
dence showed that the prisoner had brought • Pwkall,
tabling a couple of revolvers addressed to M. Oattort,
Paris; and it appeared that upon this maiden the PIM
said that be was • preeenr, or proeoribed NW
00/".
he should go back to France when "the Weir.. 10
back hem ; and he told this wither that
waited a short time he would see." This was if.'
evidence, as showing that on the 2nd of Jea
it
only a few days before the attempt, the prialealie,
"patching firearms to his companion', bat at the do"—
time his observation that be should only go to Per
"the other" came back hem rather emoted
to
revolution, or rising of the pelts* than the assemhde''
ade
the Emperor ; and unless the jury should Wises