The Sun.
London, England, 1855-01-05 00:00:00

ments, and the sweets, on a crockery saucer or
dish, were sent to the officers ; also an intimation
that tho Emperor had ordered presents for each
officer of the squadron, which came on board yes-
terday. The admiral has several handsome boxes,
specimens of silk, and good china ; other officers,
according to rank, have received small assorted
boxes of china; surgeons have five cups and saucers
of blue china, of tolerable quality; juniors get
plates.

I may tell you that the treaty has been signed,
giving us certain accommodation, and promising
much. At any rate, it is something to renew
friendly intercourse with the most extraordinary of
our race.

To-day our screw steam-frigate went out with a
party of the Japanese mechanics, who, by the way,
are not in high esteem, as the military class is most
honoured.
We expect to move off to Hong Kong in a few
days, and then get our six mails, and thus rejoin
the world and hear of the progress of the war.
Oct. 19.—Some very handsome presents were
made to the admiral—a Japan cabinet, silver-
mounted, a cardbox, some bowls, dishes, and vases
of fine porcelain.
Oct. 20.—We have started for Hong Kong and
may touch at the Loo Choo Islands. A steamer
takes the mail.

CENTRAL CRIMINAL COURT—Jan. 4.

OLD COURT.

(Before Lord Chief Justice Campbell and Mr. Justice

Crowder.)

THE DOUBLE MURDER IN WARREN-STREET.
( Continued from our Third Edition of Yesterday.)
The case for the prosecution having closed,
Mr. Collyer then proceeded to address the jury for the
defence. He said that in every case of this kind a pre-
judice was very naturally excited against the individual
who was charged with having wilfully deprived a fellow-
creature of existence, hut in the present instance there
were many other circumstances calculated to increase
that prejudice, and he felt that the jury could only come
to a conscientious decision by resolutely determining nct
to allow anything to operate upon their minds but the
• sworn evidence laid before them in support of the specific
charge which they were called upon to dispose of. He
thought that the prisoner had a right to complain of the
course that had been taken in trying him upon the pre-
sent indictment for killing the unfortunate man Collard,
when it was perfectly clear that the original and main
charge against him was that of killii.g Mr. Moore ; and
he said that if that had been gone into he felt some con-
Eence that he should have been able to satisfy the jury
that in that case he had not committed the crime of wil-
ful and deliberate murder, an:l that at most he was only
amenable to a charge of manslaughter. With reference
to this charge he should submit to the jury that there was
no evider.ca of any motive for the commission of such a
barbarous crime, that it was admitted the prisoner and
Mr. Moore were on friendly terms, and he asked whether
it was probable that if such a crime had been in con-
templation the prisoner would have gone to the house
acccenpaelcd Ly a female. He urged that it was ex-
tremely probable that some quarrel had suddenly risen,-
and that under. the impulse of passion the prisoner had
committed the dreadful act of killing Mr. Moore. For
that act, le hich would undoubtedly amount to the offence
of manslaughter, the prisoner was liable to very severe
pumshenent, and he said it appeared to him that the
jury a-mild he justified in acquitting the prisoner upon
the present charge and leaving him to be dealt with upon
the oligieal one, from which he admitted he could not
hope to escape so far zs regarded a conviction fir man-
slaughter. The learned counsel then proceeded to argue
that there was nothing to show that the prisoner bad de-
liberately fired at the unfortunate man Collard, and said
the jury would bor in mind that the moment he dropped
from the paling into the road he was laid hold of by three
or four men, and that the: e was nothing more likely
than that the pistol went off by accident. With regard
to the fact of the prisoner carrying arms about him such
as had been described, he said that it was the custom
among foreigners to do so, and be observed that if the
prisoner had really been actuated by the 'murderous in-
tention imputed to him, the dagger that was found upon
him was a much snore ready and deadly weapon than
even a pistol. He concluded an eloquent speech by
earnestly entreating the jury not to return a verdict the
inevitable effect of which would be to sacrifice the life of
the prisoner, but that they would take a course which
would give him, during a long period of misery and de-
gradation, an opportunity for repenting of the crimes
he had committed.

The Lord Chief Justice then summed up. Ile said it was
his duty to inform them that whether or not the act com-
mitted by the prisoner against Mr. Moore amounted to
the crime of wilful murder or manslaughter, in either
case a felony had undoubtedly been committed by the
prisoner, and the law of England in such a case was
that every one of the Queen's subjects was not only
empowered but required to assist in the apprehension
of the felon, and if he resisted and killed any one who
endeavoured to arrest him that act amounted to the
crime of wilful murder, and there could be no doubt
whatever upon the point. They were not at that mo•
ment considering this charge, but it was his duty to
tell them that the prisoner had undoubtedly upon the
evidence been guilty of felony ; and Collard, the unfor-
tunate deceased, was most certainly only performing
his duty in a most praiseworthy and proper manner in
endeavouring to arrest him, and if they should think
that the prisoner wilfully discharged the pistol at him
while so engaged, they would have no alternative but
to find him guilty of wilful murder. The learned
judge then went through the whole of the evidence most
minutely, and concluded by leaving the case in the hands
of the jury.

The jury retired at five o'clock, and in about three-
quarters of an hour they returned and gar° a verdict of
Guilty, coupled with a strong recommendation to mercy.
The usual proclamation for silence was then made by
Mr. Harker, and the prisoner was at once called up for
judgment.

Both the learned judges having put on the black cap,
The Lord Chief Justice addressed the prisoner as fol-
lows : Emmanuel Barthelemy, the jury, after careful
deliberation, have returned a verdict in your case in
writing, which now lies before me, in these words :
" We find the prisoner guilty, but strongly recommend
him to the merciful consideration of the court and her
most gracious Majesty the Queen." That is a verdict
of guilty, and in that verdict I entirely concur, and I
think that no twelve honest men of any country in the
world could have given any other. The evidence was
most clear. Knowing that you had committed a felo-
nious act, you were trying to escape from justice; and
when Collard, the unfortunate deceased man, attempted
to apprehend you, you deliberately and designedly put
him to death. That, by the law of this country, is mur-
der ; and by the law of every civilised country such an
act should be punished with death, fur it would be im-
possible for society to exist if the life of a person who
endeavoured to apprehend a person guilty of crime of
this character were allowed to be sacrificed with im-
punity by the guilty party. The deceased was only do-
ing his duty as a subject of the Queen and a good citi-
zen, but when he attempted to secure you, you delibe-
rately fired a pistol at him and destroyed Lis life. I will
lay before her Majesty and her advisers the recom-
mendation of the jury, but at present I can do no more
than pass the sentence of the law ; and I at the same
time most earnestly entreat you to prepare to leave this
world. I don't know upon what ground the recom-
mendation is given. I look upon your crime as one of
great atrocity and without any mitigation. I will, how-
ever, lay that recommendation before the advisers of the
Crown, but I exhort you to prepare to undergo the
dreadful sentence which lam about to pass. It is quite
clear that on this evening you committed two crimes of
great magnitude, and I must say that upon the evidence
relating to your attack upon Mr. Moore I cannot see
any circumstances that would redace that crime below
wilful murder. Having committed it, and knowing that
you were justly pursued, you deliberately destroyed
the life of the poor man Collard, totally regardless of
the consequence to him or those depending upon him.
I implore you therefore to repent—you will have the
assistance of a clergyman of your own religious persua-
sion' m whatever that may be, in so doing, and I entreat
you
tote advantage of it. The learned judge con-
cluded by passing sentence of death in the usual form.
The trial lasted nearly eight hours, and during the
whole of that long period the prisoner, who is a most
ferocious, repulsive-looking man, stood firm and erect
in front of the bar, and did not betray the slightest
emotion. He exhibited the most callous indifference
while sentence was being passed, and when the learned
judge had concluded he was heard to say something to
one of the turnkeys, and then walked deliberately down
the stairs leading from the dock.
At the conclusion of the case Mr. Bodkin applied to
the court to exercise the power vested in it to order a
sttra of money to be paid to the widow of the unfortu-
nate man Collard.
ono
ord Chief Justice said it was as well it should
apprehend a f
beaseewhernethaa t the court possessed the power in every
to the wife, ran lost his life in the endeavour to
be entitled to it.
mother
eto order a sum of money to be paid
tild, or other relative who might
power in the
"t
present
c_s should certainly exercise the
amount until he had further
the condition of the family ofinlti°
hut he should not fix the
This trial concluded the but sin unfortunate deceased.
he
with regard to
the court adjourned to me-, _ _,,e-nancsi2the session, and
""'Y d a,

SURREY QUARTER SESSIONS.--jan. 4.
•

I' MClll'lOll OF A POLICE CONSTAIILE FOIL !STEALII:G AI
GOOSE.
William Henry Wiggins Wilson, a constable of the P
division of the metropolitan police, was indicted for
stealing at Camberwell a live tame gooSe, the property
Of Elizabeth Bates.
Mr. Thomson prosecuted and Mr. Mack defended
the prisoner.
Prosecutrix, a single lady, said she resided in Cam-
berwell-grove, and on the night of the 13th ult. she
bad securely fastened two grey geese and a grey and
white one in her fowl house for fattening. At seven
o'clock the following morning she missed the dark grey
goose, which had a peculiar mark on its beak. (Ser-
geant Quinnear hers produced the head of a goose.)
Witrums said that was the head of the one she missed,
and she identified it on Thursday morning, the 14th of
when brought to her. A pair of black
worstedDceom b
gloveser were found near the fowl-house, covered
with down and email feathers.
on
nf thethe pros e
(: trix, said that at twenty .
lVillilm Arnold, labourerm iinnutthees
epmasptlot
morn-
ingu a the ilth ultimo he went to hie work, and when