The Express.
London, England, 1859-08-19 00:00:00

WITRAORDEVAIT CAA2 OP KIDNAPPING.

winian Lary, aged u, • mapeetable-lookbsg man, but
wham lamtraolioa," aosoediag to the calendar, war.• ito-
pedant," Rurendsred to talcs lb trial oR a charge or having
on to. high meta on the 9th March, lB49,_aalawfilly assaulted
and imprisoned one Beajmain Vireos Madman sod others.
Mr. Attorney, Geastel Mir sad Mr. Raptorial appeared for
the prommomtio h
a, mad Mr. owed. Q.C., mad Kr. Nigher@
kw *ha 4heimao

The Attorney-nueral, Is his opening slider, said
that the charge the Jay were celled cet to try was cue
of false imprison:mat, of isnlawhllyintfta÷dreetraint
- • man coetrar the y to lave ; sad
trUtho, whether committed as the IMMO of is country
or as the high seas. was en caws by
law. The learned gentleman thee to de fires
the law bearing upon the is., w he said was quite •
novel one. Every restraint open the liberty of • free man
wee regarded by the law as false imprisonment. It wan also
• fundamental principle of the old commas law of this
country, that no free non shall be inryrisoned except b
process, of law in open court," and that for every breach
of the peace by fake imprisonment an action will lie." In
support of the law as hero laid down, the Attorney- General
referred to Magas Charm and Camden'. Institutes ;" and
then proceeded to detail the facts of the case. The warmer
was charged with having taken four subjects of a foreign
steas falsely and waled their will from their
mu country by putting them on board • ship,
them there during a long voyage, and
them
ant England. ThTermymaigrio comp suf-
laint
of having been treated with imprisonment.inhomanity.while on board the
ship, but simply of having been forcibly brought awey from
their nen country by the prisoner. Lesley was not only
muter but part owner of a ship called the Louie' Braginton,
wed la her he went., a voyage to the South Bess, and in
his uses called at Valparaiso, from which port he arrived
et
Liveliest in July lam. Immediately on his arrival here
tat mane who said they had been kept prisoner. on board
the ship, coesplairred against the captain. They were all
gentlemen of high character end position, and of
considenthie fortune. Two of them were members of
the Chilies legislature end the others were con-
tracted with public journals. In December last •
mutton was held in Santiago, the capital of Chili, where
they all resided. They were all present at this meeting,
which it appeared was obnoxious to the government. The
betiding was surrounded by an armed forte, and the com-
pletions were taken into custody and placed in prison. They
were kapt in conflornient three months, and in the month of
Beale the goverument of Chili coeds& contract with the pri-
sm' UAW by which he bound himself to convey them in
his ship le this country. They were suberquently put into
• best, Irwin bees bought from Santiago to Velparaiso
seder • utibuy smart, and conveyed on board the ship.
They were seempealed throughout by the military; but
whoa on the deck they allowed them a little time to take
leave of their friends. They were then put down Into the
cabin, and, the some having returned to the shore, the vessel
met to ma. An armed ship of war towed the ship
out of Valparaiso Bay into the high eau. When the sicenisr '
left them the complete/int. applied to the prisoner for their
liberty, end t.. id trim that he would disgrace the fiat of his
cc entry it he took them away. He refused to sat them at
Meaty, and said he would du anything for money, and that
N lowers catty paid for it he would take off the President of
fie Chtliek=aand pet him on the lop of Cape Horn.
One d Nut was in a delicate state of health, and
bewail prima that the voyage might cause his death.
No amid Nei be had no doubt be would find himself much
bedew ear he bed roucded Cape Horn. He afterwards
erns' Ns sew, and directed the skip's beats to be
heel, se at least to have holes bored in them,
hte he prosecutors ehoold escape. He did them
se vieleme; but still they were kept in restraint, and
every eesuset were taken further end further from their
homes sal hum their friends. When they arrived in Liver-
pool the captain wombed to take them to the Chiller count,
but as Goss as they kepi themselves on thorn Is thle free
country they hoisted on being let go, and es noes sa tbey
ewielied heir liberty they complained of the way in which
Ow bed been treated. If they had been British subjects
this weld have been a caw to hare been settled between our
=and the Chilies government; and if they had
ea board, and the captain had been compelled to
who Sea, be would net the have been to blame. Bat it
add be "boom that they were put on bleed with his full
.west, and that be had °retracted with the government
so take thee). This would be proved by him own confeselon.
Far the tarsus of them four gentlemen he recrieci 6007.,
while the ordinary peerage money was only from 301. to 601.
per head, end it was from purely sordid motives that he bed
meted is this improper manner. As awn as they got on board
they were ander thejarialietion of the Admiralty of England,
sad he his conduct and his acts every man so situated was
oabb to the government of this country. There proceedings
of he Cblllsa goventeest were not 'auctioned by the laws of
that repebile ; end la so country was there • law sanctioning
sash oteduet. Tee laws of this country were equally opposed
to it. S rens pertain of the Mawr of the Britieb erg wee
confided to the prisoner, end it wee • disgrace to the u.tional
flag that on a British "hip such a serious set of Imprison-
Reset had tern committed—en act which might have been
',Weeded with the moat serious consequence., if the prosecu-
tors bed dome what they would have beau probably justified
In deism that ir, resorted to violence to regain their liberty.
After some conversation between his lordship and counsel,
it we. unused that the depositions should he read, a verdict
of Orally returned, the primes, discharged on hie own or
corthisericee to come up for judgment when called upon, sad
that his lordship, who declined to offer an opinion re the
points of law involved, should bring the ease before the Cas-
tro' Criminal Court at Appeal.