The Express.
London, England, 1860-05-15 00:00:00

THE EXPRESS, TUESDAY BffENING, MAY 1

But further, if an indictment for perjury is to
be regarded as a new trial, it ts a new trial of the
want possible kind. It is OUST that if the
same issue is to be tried a second time the parties
sho➢ld be placed in a position as like as possible to
that which they originally occupied. In civil cases
this rule is rigidly observed. In the second trial
the plaintiff remains plaintiff, and the defendant
remains defendant. Whilst any additional evidence
is allowed to be prodnoed, the evidence on the first
trial is allowed to be repeated ; the explanations
which were admissible on the first trial metals°
admissible on the second. But in an indictainent
for perjury these rules are almost reversed. The
man who stood in the dock once, now stands in the
witness-box. The girl who stood in the int im*.
box once, now stands at the bar. The lips that
uttered the first accusation are now closed. The
lips that were closed now utter the accusation.
Nor is this all. The evidence given upon the first
trial is fixed, stereotyped as it were : it can be
neither varied nor explained. Taking the calm of
the child Ei.orxii Plummae., it must be admitted
that she was under a great disadvantage. The
points made in favour of Mr. Hirrer were points
which, although apparent upon the face of the evi-
dimes given upon the first trial, were now suggested
either by himself or his counsel for the first time.
Two questions to the child in the box at the first
trial would have placed the innocence or guilt of
Mr. HATCH beyond a doubt, but theme questions
were never asked or even suggested. Indeed, the
proof of perjuty armed' in a great measure upon
the answers to these questions given by Mr. Morn
and friends; whereas the answers of the child who
was yesterday upon her trial cannot be obtained. It
is abundantly deer that if the form of Mr. HATCH'S
dress, or the spot where he played with the chil-
dren on the 11th of August, had been ascertained
upon the first trial, the truth or falsity of the ao-
cusation mute against him ivouldhave long ago been
placed beyond question. Unfortunately, it was only
after the lips of the child who could explain the
charge were closed that the distinctions eespeled
by Mr. HATCH were put forward. If this idiot-
ment for perjury is to serve the purpose of
a new trial, it is surely the height of injustice to
both pasties to prevent the child Pursues and the
other witnesses on the first trial from explaining,
if possible, the apparent contradiction between their
evidence and that of Mr. Maws and his friends
produced on the second trial. Every witness in a
trial, both civil and criminal, is permitted to ex-
plain his statements before he leaves the box, and
to reconcile them with those which may seem con-
tradictory. It is difficult to understand upon
what principle this privilege is denied to any wit-
ness whenever the evidence of that witness is made
the subject of inquiry : and yet this undoubtedly
was so in the case of Et-owns PICYNXII,
The conclusion is obvious. The case of Mr.
Hire's has proved the necessity of a We trial of
the facts in criminal cases. The Boma Sem-
TAIT has admitted that in some cases such a re-
trial is imperatively needed. This object can
be attained only indirectly at present by means of
an indictment for perjury, but, as has been shown,
this mode of procedure is full of injustice. No
time, therefore, should be lost in devising some
means by which a new trial of the facts may be
obtained.

LATEST INTELLIGENCE.
OARIBADIS' EXPEDITION.
TURIN, MONDAY.
During the landing at Marais four persons were
killed. It appears that arms and ammunition were
disembarked. Other arms coming from the Levant
were landed several days before on the southern
coast.

THE VOYAGE.-GARIBALDFS ORDER OF

THZ DAY.

We extract from the Opinion Nationale the fol-
lowing highly interesting correspondence :

Yesterday's uncertainty about Garibaldi's expedition is
now diagonal—l-This article was written before the receipt
of the news of the landing at Marsala)—lndependently of
the telegram, announcing the halt of the Lombardo and
Piemonte at Talamona, neer Orbitello, we rewire from our
own correspondent at Turin a copy of a letter addressed to
him from Talamona by one of the leaders of the expedi-
tion. This letter fully confirms what we have already
said of the incomplete outfit of the volunteers. Our cor-
nispondent subjoins the " Order of the D•y," dictated by
Garibaldi on board the Piemonte, which he (our eor-
respoodent) received at filet hand, as well as a proof of the
printed proclamation, in which the valiant chieftain ex-
plains to the Italian population the object of his enterprise.
The following is the private letter received by our oar-
respondent :

" Fortress of Talasnona, May 7, IMO,
" on the Roman frontier.

" I take the opportunity of a spare moment to send you
male news of us. We embarked in the night in all haste,
and being in want of many most necessary things, we were
obliged to touch land in the environs of this fort, in the
hope that by the help of the neighbouring village we might
be able to provide for our most pressing wants. The sea
was rough. We suffered a great deal, but ware in no wise
disheartened, and we hope soon to arrive oafs and sound in
Sicily, and there to fight for liberty to the cry at
Five united Italy !' The general was not sea-sick. I
envied him when I saw him at one moment acting as
estptain, and at another as bolo:wean."
The following order of the day and proclamation have
been issued :

" Kee, 1880, on board the Piemonte.

" OZDZIL OT TITO DAT.

"Oarps de Chaseeurs des Alps,—The mission of this
corps will be as it was heretofore, based upon the most
complete abnegation with the object of regenerating oar
semany. The brass Ohara= have served and will serve
eon canny with the devotion sad discipline of the best
Weer in tits woad without hoping fur any other reward
them that d 1111 gausottad ormacienoe. They are attracted
to the serene by so can at rank, honours, or rewards.
Wham the danger im gm they will retire to their simple
private life, bat mow that the hour of combat has coma,
Italy beholds them in the front rank, joyous and deter-
mined, ready to shed their blood. The war cry of the
Chassenes des Alps is the same now as it was on the banks
et the 'Ticino:—' Italia et Vittorio Emmanuel. ; and this
my raised by us will strike terror into all the enemies of
Italy.

" ORGANISATION OT ?NZ OORPS.

" Sokol (Giuseppe), chid of the e 5 ; Crawl, Mania,
Calvioo, Majoaki, Griziotti, Boichetio,
" TIIIT, Mt side de camp of the general ; Cenci, Mon-
toasty, Bondi, etegoettL
" Giovanni Bum, ascrstary to the generaL
"OOMMAXIMIES OF TEM compisim

" Nino Maio, commander of the lot company; Orsini, 2nd;
&woo, 3rd ; la Nada, 4th ; Anima, sth ; Carini, 6th ;
Cslroli, 7th.

" Acerbi, Bowl, MMst i, Bodi.
" 00E41 DI ICI:DICLIa.
" Ripari, Boldrini,
" 01118IIVATIONI.
" This organisation is the mune as that of the Italian army
to whirls we belong, sad the eovesaissioas awarded to merit
rather than by privilege ass those which have been sheds
pined on battle fields. " G. aiIOPALDL"

" Ilasne,—The Okahiss are fighting against the enemies
of Italy end for Italy. It is the duty of every Italian to
►elp them by sorry and sums. The MIMI of all the mis-
fortune' d Italy is the mirk of discord and indifference on
the pert of one province towards another. The sanction
al Italy commenced on the day when the chiklren of the
same soil rushed to succour their brethren in danger.
If we have the brave Sicilians to themselves, they will
have to fight not only the Bourbon mercenaries, but also
these et Austria, and of the priest who reigns at Rome.
Let the inhabitants of our free provinces raise their voices
in femur of their brethren who are fighting ; let them send
their pumas youth to the scene of the streak. Let
the Marches, Umbria, Salim, the Roman Oimmegna, and
the Neapolitan country rise, and so divide the forms of
our enemies. Where the towns are not strong enough to
give a sulkiest basis to the insurrection, let the most reso-
lute throw themselves into the country. A brave man
will always find as arm ! In God's name do not listen to
the voice of awards who sit down contented to well-
garnished tables. A 1131; let us to-day fight for our
brethren ; to-morrow they will fight for us. A handful
el brave men who have followed me on the battle-fields of
ear country, are now marching with me to the rescue.
Italy knows them. They appear whenever danger sat
band. Good and generous conapiedone—They devote their
existence to their country. They give to her the last drop
of their blood ; seeking no other recompense than that of
their conscience without reproach. Italy and Victor
Emmanuel ! —that was our wartay when we passed the
Wino. It shall resound to the rocks of Etna. At this
prophetic cry, echoed from the Italian mountains to the
Tarpeime, the throne of tyranny will fall, and a/I Italy
will rise as one man. To arms then ! Let us put an end
to our secular griefs by one determined blow. Let us
show to the world that this is the soil upon which lived
the hardy Roman mos. "G. GARIBALDI."

Subsequently to the date of them documents the Sardinian
ministry and the insurrectional committee learned that
Garibaldi speedily re-embarked with the purpose of bath*
a little farther GM, at Tone di Montalto, on the frontier of
the Roman States, meaning, as it was supposed, to follow
the road between' Viterbo and Orvieto, and march upon the
Abruzzi& Our correspoodent mks doubtfully whether the
whole or only a part of the expedition was to take this
d rection while the rest went to Sicily. It seems at all
eremite certain, or at least very probable, that no part of the
force has gone to Calabria. Our correspondent states that
the crew of a reseed arrived at Genoa on May 11, from
Palermo, bad left that city in a dale of open insurrection.

AGITATION IN SICILY.
DEMONSTRATION AT PALERMO.

Letters from Naplee to the 12th instant
state that on Thursday last a demonstration
took place at Palermo. An immense crowd
assembled, shouting " Viva Italia," " Viva Em-
numuelo," " Viva Napoleons." Women of the
highest standing excited the men and insulted the
soldiers, who fired several shots. The garrison had
been ordered to remain in their barracks. Fresh
reinforcements are about to be despatched.
A proclamation had been published, signed by
the Governor of Sicily, Prince Csetelcicala, stating
that in view of the pave and sanguinary mis-
deeds and of the plundering which had taken
place at Camila, Potmlia, Buttons, Caocamo,
Vicari, and Porticello, the carrying or detention
of arms by any bands is prohibited.

PALERMO, Mkt 12.
Tranquillity has not yet been restored in the
town and the surrounding country.

To-day in five churches, at the termination of
mass, shouts of "The Immaculate Virgin for
ever," "Italy for ever," " Liberty for ever," were

In the evening, the populace, to the number of
about 10,000, assembled on the promenades. The
police were unable to disperse them. The troops
were summoned and fired on the people, killing
three and seriously wounding ten.
Several persons who took part in the proceedings
have been arrested.

PIEDMONT AND SAVOY.
The treaty of ore/lion of Nice and Sevoy was pre-
sented to the Chamber of Deputies at Turin on the
11th, with an expose des motifs, of which the follow-
ing is the most important passage :
France, who took eo great • share in the late struggle,
gave the Hing's government to understand that it was
not expedient that the kingdom of Sardinia should,
after acquiring so great an secession of territory sad
subject, preserve the same line of frontier which Europe
had fixed between the two countries in the treaties of
1816. The French government, therefore, required the
cession of oar provinces situated beyond the Alps es •

rectification of the frontier line. However serious the sacri-
fice thus required of us, the Bing and his ministers did not
think it advisable to refuse the demand. Convinced even
by recent experience, that ingratitude is the wont of poli-
tical system', we would not give France any motive for re-
gretting the assistance granted to us, or for thinking herself
les secure because she had the Italy of the Italians for •
neighbour, instead of Italy in her former state of weakness
and division.

After an allusion to Austria's conduct town de

Russia, the document proceeds to state the con-
ditions on which the Sardinian government con-
sented to the cession, and which have already ap-
peared in the text of the treaty, and then concludes
as follows :

In laying this serious matter before you for deliberation,
it will be enough to remark that, if every amnion of terri-
tory is painful, it is much len so when it is not the result
of humiliating defeats, but the consequence of a glorious
war ; not a conoession to a victorious enemy, but a solemn
, ileetimony of the gratitude of ► regenerated nation towards
tie generous ally.