The Express.
London, England, 1858-07-30 00:00:00

ITALY.

(PROM 0171 OWN CORIMPONDENT.)
NAPLES, Jul,: 24.
My second letter of last Tuesday I wrote from
Salerno, but necessarily so hurriedly that I was com-
pelled to reserve all details until to-day.

The court closed between 9 and 10 o'clock on
Monday, the 19th, and the judges then retiring, re-
mained in secret until midnight. Daring this time
great anxiety prevailed in Salerno and Naples for
the fate of the prisoners, many being of opinion that
at least one or two would be sent to execution, At
the hour above mentioned the judges came into
court, and the sentence was read in the presence of
the Attorney-General, the police authorities, the
officers of the battalion of Chassenrs on guard in
Salerno, and Signor Tajani, the distinguished
advocate of Nicotera, who represented at that late
hour the other advocates. In substance it differed
little from the demand made in the " requisitorio" of
the Attorney-General, and runs as " Death
for seven, that is to say—for Nicotera, Neapolitan ;
Santandria, Roman ; Oagliani, Milanese ; all three
for conspiracy : and Giordano, Valletta, Di Martino,
and La Sala, Neapolitans, for participating in the
attempt. Fifty-two, thirteen of whom are foreigners,
are condemned to 26 years in irons ; nine to the
Ergeetolo, two to 30 years in irons, one to eight
years. Those who were " relegati" in Ponca (80 in
number) are condemned to close imprisonment for
the remainder of their time, 48 to imprisonment, two
to correctional exile, and 58 are set at liberty in
Pones under the surveillance of the police."
No sooner wu the sentence read than
the Attorney-General produced a sealed let-
ter, which was immediately opened, and found to be
• superior authority, given by anticipation, for the
suspension of the punishment of death in all each
cases as where it might be awarded.
The chancellor of the court, accompanied by a
body of chasseurs, was then sent to the prison, to
read the sentence. Nicotera and his companions
were awakened out of sleep to hear it. It was a
cruel feature in the case that Tsjani, the advocate of
the principal insurgents, was not permitted to enter
the prison on this occasion, apparently from a fear
that he might communicate the news of the suspen-
sion of punishment; not but that Niootera, who has
conducted himself with great dignity and fear-
lessness throughout, was prepared for all
consequences, as well as his unfortunate com-
panions. Thus ended this extraordinary trial,
which originated in facts that took place at
the end of June, 1857, which began at the end of
January, 1858, and was terminated on the night of
the 20th of July, 1858. Fuller reports than I have
been able to send you had been taken in shorthand
for the Italia e Papal°, a paper published in Turin,
where those who are interested in this matter will
read remarkable specimens of forensic eloquence and
of civil courage. It will not be uninteresting to
enter into an analysis of the cues of the pri-
soners. Of the sixteen foreigners engaged in this
attempt two were condemned to death, thirteen to
twenty-five years in irons, and one, a Piedmontue,
to eight years in irons. This last person never
landed in Sapri, and his advocate reported
his case to the Sardinian Charge d'Affaires,
under the impression that he osght to have been
liberated together with the crew, and on precisely
the same grounds that Daneri was liberated.
Another report was made to the Grand Court by
Tajani in favour of Mercurio and Cori on the
grounds, that the decree of the King ordered the
liberation of the entire crew of the Cagliari without
any exception. Without rejecting the application
of Tajani the judges have condemned these men to
25 years in irons. With regard to the charge of
conspiracy, it was maintained by Tajani on the trial
that the court was incompetent to enter into
the question—for the conspiracy, if any had
existed, had been matured in a foreign country.
On the Bth of this month, therefore, Tsjani
protested strongly against the competency of the
court, with what success is but too evident from the
sentence which condemns them to death on the
charge of conspiracy. That no capital punishment
would be inflicted I have had reason to believe for
some time, but I did not know until last Tuesday,
as I may almost say I do officially, that it was re-
solved upon, even before the commencement of
the trial, that no sentence of death should be
carried into execution. I believe, too, that

that resolution was formed in consequence of
the proofs which were shown to his Majesty
of the brutal excesses of the military in
Sapri and the neighbourhood—excesses which were
exposed time after time on the trial, and which were
duly reported by your correspondent. On high au-
thority, too, I am informed—and, if true, it reflects
honour on his Majesty—that had he been acquainted
earlier with the facts of the case, so far from sanc-
tioning the brutalities that were committed, the
agents in them would certainly never have been de-
corated. At the same time it cannot but be acknow-
ledged that such ferocities are but the natural conse-
quence of a state of thing. where law is little re-
garded, and the government of the country is con-
fided to the police and the military. Ferocities must
be committed, and mast be overlooked by a govern-
ment which fears to rest on legality, and discontent
and conspiracy will be the necessary reaction.

We wait now for the decision as to what shall be
the punishment assigned to Niootera and his com-
panion.. This, according to law, should be de-
cided by a commission formed from the Council of
State, but practically it will be decided by his Majesty
together with the Director of Grace and Justice.
His Majesty affects to do everything, and he acts
logically on the assumption of divine right, but it
may be doubted whether his power is equal to the
assumed right. The position of the captain and the
crew of the Cagliari, and in fact of the whole
Sardinian question, is now most singular. Given
up on compulsion the Neapolitan government still
attests its right. This we know from the judicial
sentence given in the case of the vessel, and in his
"requiaitorio " the Attorney-General argued on the
assumption of the guilt of the Grew, and went into
the facts of the case. The advocate, however, for the
defence was not allowed to touch upon them. Had
the Neapolitan government tried and sentenced the
crew in their absence, and then condemned the
Cagliari ow a legal prise, one could have seen the
logic of it ; as it is, it is impossible to recognise on
the part of the Neapolitan government anything but
a lame attempt to get up some balance against the
demands of Sardinia- Both governments have now
their hostile claims, and it is impossible to believe
that matters will remain thus—at least it is an un-
pleasant position, and muit lead to future ember-
rusments.

I have Risen a faithful report of the state of
things up to the morning of Tuesday, the 20th. All
were rejoicing in the " grazia" aooorded to the
prisoners—the judicial authorities spoke of it to
your correspondent with great satisfaction, and
the anxiety which had previously existed was now
superseded by speculations as to the character of the
punishment which would be substituted. The
Attorney-General wrote that morning to the Director
of Grace and Justice, at Naples, and sent his letter
by an usher. " Go back instantly to Salerno, and

bring me the report of the trial," was the order.
The usher left the office in great trepidation,
and was met by one of the advocates of
the cause, who sent in his name to the minister
under the impression that he could explain matters.
The minister coming out demanded his business, and
why he was in Naples. "For my own private
affairs," was the reply. " What," said the minister,
" and your clients in Cappelli" !" " The execution of
the sentence is suspended," replied the advocate.
" How, suspended ! I know nothing of this suspen-
sion. Go back directly to Salerno, ask the Attorney-
General for the report of the trial, and hasten to the
King and ask for his royal mercy." The intelli-
gence was received late in the day at Salerno, for I
left it at eight. At that hoar the judges were under
the impression that between twelve and one o'clock
they had assisted at the reading of a reprieve.
Imagine the scene ! How they must have
looked at one another, and blushed at the con.
temptuousness with which they were treated. I
will readily believe, however, that their grief was
as great as their surprise. What must have been
the sensation created in the prisoners it is easy to
conceive ; for nobly as the prisoners have conducted
themselves, life is still dear, and to have it taken
from them a few hours after it had been given was
a trial of courage to which no one would desire to be
exposed. What feeling it produced on the masses
I know : there was for the moment a general con-
sternation and disgust either at the loose mode in
which public affairs were conducted, or the recklese
indifference manifested to human feelings. In the
evening the Attorney-General sent to inform the
advocates of the altered state of thing., and to urge
their going immediately to his Majesty. Accord-
ingly, on Wednesday morning, at half-past four
o'clock, they left Salerno to procure an audience of
his Majesty, who is staying at Cutellamare.