The Sun.
London, England, 1864-02-19 00:00:00

The Seizure of the Pampero,

This case was called on Wednesday before Lord
Orraidale as Judge Ordinary of Exchequer in
Scotland, for the hearing of counsel on the pre-
liminary objections to the information. Mr. Clark,
for the owners, complained of the information as
bad in law, and as not properly libelling the
offences constituted by the Enlistment Act. He
took the objection stated in the Alexandra case, but
not disposed of (that case having turned on other
points), that the information combined and mixed
up'two offences which wer3 quite distinct in the
statute. There were 98 counts in the information,
of which 96 related to the equipment of the ship
with intent to be employed in the service of a cer-
tain foreign state, and with intent to cruise and
commit hostilities against another foreign State.
Now, the statute contemplated two offences in this
branch of it,—first, the equipment of a ship with
intent that it should be employed in the service of
a foreign State as a transport or storeship ; and,
second, the equipment of any ship or vessel with
intent to cruise and commit hostilities against a
foreign State. The information had, be held, con-
founded these two things by applying both intents
to the one act of equipment—namely, of the cruiser.
The Act being directed against British subjects, the
intent libelled must apply to British subjects. It
was quite conceded both by the Bar and the Bench
in the Alexandra case that it was a perfectly
lawful thing for a person to build and arm a vessel
of war, and send it to a foreign part, being the
port of a belligerent Power, and sell that ship there
as an armed ship. That had been decided over and
over again, and especially
in the Ametican Courts,
under the Act of Congress on this matter, which
was fully more strict than the British statute. Lord
Ormidale—Would they hold that now ? (A laugh.)
Mr. Clark—The Judges certainly would, whatever
the people might say. His Lordship would observe,
therefore, that in fitting out the vessel and sending
her ont to the port of a belligerent Power, the per-
sous so fitting her out could not have the intent to
employ her as a ship of war. Lord Ormidale—
Suppose there was an antecedent contract ? Mr.
Clark did not think that would vary the matter at
all, because to constitute an offence under this
statute the employment of the ship must not be the
employment by a foreign Power, but an employ-
meat by the persons, being British subjects, wno
equipped the ship. As he read these counts, they
expressed an intent on the part of the foreign State
to cruise and commit hostilities ; at all events, they
did not connect that intent with the persons who
equipped the vessel. The only good count in the
series was the 97th, which alleged the intent that
the vessel would be employed as a transport or
storeship by a foreign State, the 98th count being
also open to objection. Mr. Shand followed on
behalf of the builders, objecting to the case going
to trial on an ambiguous and irrelevant information.
He held that at least 72 of the counts were objec-
tionable. Mr. Rutherford asked adjournment
before Crown counsel should reply, which was
granted.

REPRESENTATION OF GREAT YARMOUTH.—The
Liberals, it is understood, propose to bring forward
Mr. W. F. IM'Cullagh Torrens (author of the " Life of Sir
J, Graham" and other works, and M.P. for Dundalk in
the Parliament of 1847) and Mr. David Falcke, as candi-
dates for Great Yarmouth at the next election. Mr.
M'Cullagh Torrens was returned for the town in 1857, but
was unseated on petition. Mr. Falcke, who is of the
Hebrew persuasion, and a highly respectable retired trades-
man, was recently appointed by the Lord Chancellor, one
of the magistrates for the borough. The Conservatives will
again support the sitting members, Sir E. H. K. Lacon,
Bart., and Sir H. J. Stracy, Bart.
THE SOMERS FuND.---Among the list of Dublin
contributors we find all parties, such as The O'Connor Don,
M.P. (a Conservative), J. M‘Namara Cantwell, F. Mac-
donogh, M.P., Q.C., and his Excellency the Earl of
Carlisle, but a writer in the Mail states that none of
those gentlemen who got valuable arpointments in all
branches of the services, civil and military, have as yet
subscribed. If so, it shows great ingratitude. We would
recommend a committee here, which would do much good
for the widow and orphan.
A SHILLING'S WORTH OF BLASPHEMY ! The
Paris Presse announces that M. Ernest Renan is about to
bring out a popular edition of his celebrated "Life of
Jesus," which Will be sold at one franc,