The Sun.
London, England, 1858-04-12 00:00:00

YORK, SUNDAY NIGHT.

The following horses have arrived :—Fisherman, Odd
Trick, Kelpie, M. Dobler, The Dupe, Penalty, Rola
Bonhenr, and Prince of Denmark.

LATEST BETTING AT MANCHESTER.
GREAT NORTHERN HANDICAP.
6to 1 asst The Dupe (offered—take 13 to 2)
GREAT METROPOLITAN HADICAP.
160 to 20 agat Wrestler (taken)
CHESTER CUP.

20 to 1 agst Gammon (offered-22 to 1 wanted
20 to 1 agst Blink Bunny (taken)
40 to 1 agst Wrestler (taken)

THE ATTEMPTED ASSASSINATION
OF THE FRENCH EMPEROR.

TRIAL OF SIMON BERNARD—(THIS DAY).
The trial of Dr. Simon Bernard for felony, as an ac-
cehsory before the fact of the murders that took place in
Paris on the night of the 14th of January last, when an
attempt was made on the life of the Emperor of the
French, and for which Orsini and Pierri justly 'mid the
penalty of their lives, commenced this morning at the
Old Court, Old Bailey, under the Special Commiesie•n
issued for that purpose. Great interest has been taken
by the English people in this case ever since the pri-
soner's apprehension, heightened no doubt by the re•
cent discussions in Parliament and elsewhere on the
Conspiracy to Murder Bill. The absurd rumour
some time prevalent that Rudio would be brought ovtr
to give evidence on the trial is entirely without founds.-
tion.

The admission to the Court was by ticket, and before
the learned judges took their seats on the benches it was
densely crowded. Everything was done within the
building by the under-sheriffs that its limited character
would admit of that gave the largest amount of ac-
commodation to the public in the smallest possible space
available for that purpose. The arrangements, as on the
late Royal British Bank trial, were excellent, and the
directions of the under-sheriffs were admirably carried
out by Mr. Inspector Mitchell.
The prisoner is charged in the calendar in the follow-
ing terms :—" Simon Bernard, aged 41, surgeon,
charged with feloniously inciting, moving and procuring,
counselling, &c., one Felice Orsini and others to do and
commit certain felonies, to Nit, to kill and murder
certain parties at Paris, in the empire of France." He
is also detained " for unlawfully conspiring with oae
tense ursmi and others feloniously to kill and murder a
sovereign prince, to wit, his Imperial Majesty Louis
Napoleon, Emperor of the French." There are two
other indictments, by which he is charged as a principal
with committing the crime of wilful murder in Park,
both sets of charges being capital offences. The indict-
ments proceeded with were those charging the prisoner
as an accessory before the fact.

Amongst the company were a number of ladies, who
were accommodated with seats on the bench and in
other parts of the court. There was an unusual num-
ber of briefless barristers present, many of whose faces
were strange to those who regularly attended the t,it-
tinge at the Central Criminal Court, and they greatly
over-crowded the space allotted to the bar.
At five minutes past 10 o'clock, Lord Campbell, the
Lord Chief Baron, Mr. Justice Erie, Mr. Justice
Crowder, the Recorder, the Lord Mayor, Alderman Sir
C. Marshall, Alderman Sir F. G. Moon, Bart., Alder-
man Sa!omens, Alderman Wire, Adertnen
Finnic, Hales, Gabriel, and the Sheriffs named in the
Commission, entered the Court and took their seats on
the bench.

The Attorney-General (Sir F. Kelly), Mr. Macaulay,
Q.C., Mr. Bodkin, Mr.iWelsby and Mr. Clerk appeared
for the prosecution. Mr. Edwin James, Q.C., Mr.
Hawkins, Mr. J. Simon, Mr. Sleigh, Mr. Brener alid
Mr. Scubell defended the prisoner.
The prisoner was then placed at the bar and the in-
dictment read to him by the Clerk of the Court. At
its conclusion the Clerk asked him, " Are you guilty or
not guilty."

The prisoner—This Court has no jurisdiction to try
me on this indictment, and I decline to plead.
Lord Campbell—lf you decline to say guilty or not
guilty, according to the law of England, it can be en-
tered for you.

Mr. James—rue prisoner takes this course under the
advice of his counsel. As counsel for the prisoner, I
pray oyer, and claim to have the special csmmission
under which the Court sits read.

Lord Campbell, after consulting the other learned
judges—We are all of opinion that the Court can order
the plea of not guilty to be entered, if the prisoner re-
fuses to plead. Let the plea of not guilty be entered,
and let him be asked if he chooses to exercise his pri-
vilege of being tried by a jury composed half of English-
men and half of aliens.

Th• prisoner—I trust with confidence to a jury of
Englishmen,

Considerable difficulty was experienced in forming a
jury, o,A ing to the number of certificates of illness pro-
duced on the part of those summoned and non-attend-
ance of others, and the challenges on the part of the
prosecution and the prisoner. Ore juryman named
" Samuel Bernard" was challenged by the prosecution.
It was 10 minutes to 11 o'clock before the jury was
sworn.

Mr. James requested that the commission might be
read. He had not seen a copy of it.
Lord Campbell said this was not the prope► time for
the commission to be read. The Attorney-General
would now proceed with the case.

➢lr. James hoped his lordship would take a note of his
application.

Lord Campbell said, no doubt if the application had
been made privately it would ha►e been attended to.
The case then proceeded.

The Attorney-General, in opening the case, said the
prisoner was indicted for being an accessory before the fact
of certain murders committed in France. Having referred
to his birth-place and his profession, the learned Attorn y-
General said that for reasons which he need not then
refer to the prisoner had sought an asylum in this coun-
try.t He had resided here many years shielded I:wa_he
constitution •f the country. England hand I 'Y
cowl-
protected those who sought refuge in "
return that
try, but our laws required
they should not be violated,
cos should conform
in
nnd that those
who came here under such circuenstan
subjects. It would
to those laws which regulated Britishvi to enable them
be his duty to lay before thetamnte question, whether the
to solve the deeply in*" now stood before them to be
prisoner at the bar, who n°
tried for his life,
guilty or not of the serious charge
with
which he aP
stood- _
tiou of the Emperor of the French, and
washslCnnhlihad resulted in a mass of murders of unoffending
per~on, who had congregated together in the streets of
Paris on the night of the 14th January last. The leirned
Attorney-General then referred to the circumstances
connected with the attack, the means by which it was
accomplished, and said that he charged six persons with
this offence. The first was Allsep, who be (the Attor-
ney-General) regretted to say, with grief and shame, was
an Englishman ; Simon Bernard, the prisoner at the bar,
who was a Frenchman, enjoying the rights of hospita-
lity in this country; and Orsini, Fierri, Gomez, and

Radio, al! of whom were refueeee, and bad resided
f.as some years ;e this colliery. It would be found that
the c'eaign of assassinating the Emperor of the French
was entertained so early as the 16th Oct. of last year,
as would be proved by the evidence. It was about that
time the grenades used were ordered in Birmirgbam,
and they would be f .und to be a weapon or instrument
of death unlike anything known in modern warfare, and
were of the most deadly character. In whatever way it
fell, it struck one of the missiles, and from its
contents (fulminating powder) it exploded, scattering de-
struction on all around. The result of their use on the
night of the 14th January last was the death of eight
persons, and the injury of 26 others. The six grenades
ordered in Birmingham were manufactured for Allsop
between the 16th October and the 23d Nov., 1857, and
delivered to Allsop, !who paid for them. The learned
counsel having detailed the participation of the various
parties named in the plot and the intimacy that existed
{between them up to Jan. 14, said that throughout all the
proceedings the man of money and resources was Or-
sini. Bernard, so far as was known, was not a man of
-,
resources, but on the 26th Nov., the day that the pass•
port in the name of Allsop was ise by one of the Con-
sale, and two days only before Orsini went to Brussels
—Orsini presented himself with 435 sovereigns, at the
Bank of England, and demanded notes in exchange
which were given to him, the number of which were
known. After that on the 21 January Bernard changed
one of the 20/. notes, so obtained by Orsini, at Speill-
man's, a money changer in the city, and a second on the
7th of that month at the same place. A third 201. note
was found upon Pierri, and the remainder of the notes
were found upon Orsini, when he was apprehended.
Rudio, who was a man in destitute circenastances, re-
siding in Bateman's buildings, was engaged by Bernard
to go to Paris, be supplying Rudio's wife with money
during his absence; Rudio left about the 9th January,
and about the 10th or 11th he presented himself to Pierri
and lived with him at the same lodgings in Paris.
During the few days intervening between their assem-
bling in Paris and the night of the attempt, Orsini,
Pierri, Rudio, and Gomez were constantly together, and
between twelve and half-pas' one o'clock on the 14th
three of them, if not the four, were in council, and the
same again at five o'cl ck in the afternoon, at Pierri's
lodgings. At half-past six o'clock the whole assembled
in Orsini's lodgings, and left about that time, Gem,*
being seen carrying something heavy in a pocket hand-
kerchief. About the time of the expected arrival of the
Emperor and the Empress at the Opera-house a large
concourse of persons had assembled, amongst whom was
Pierri, who was suspected and apprehended, and on
being searched a grenade, filled with fulminating
powder, and a five-barrelled revolver were found upon
him. After referring to the cxplosion of the three
grenades thrown, the loss of life, and the consternation
which prevailed, the learned counsel detailed the appre-
hension of Orsini, Rudio, and Gomez. Intelligence
having been received in this country of strong suspicion
against the prisoner he was apprehended, and be now
stood before them to answer the facts he (the Attorney-
General) bad laid before them, which, he contended,
completely proved the charge that the prisoner at the
bar was a party to the outrage of the 14th of
January last, which caused the death of, and seriously
injured, so many persons. Grave cusestione of law
were, he understood, to be raised; first, whether
the prisoner was a subject of this country under the act
of Parliament, and whether, if this was a murder, that
•he prisoner could be punished under this act. When
th, time came he should be prepared to argue the points,
and he believed successfully, either then, or, if reserved
for the opinion of the whole of the judges.
Lord Campbell said that any points of law raised,
would be reserved for the censideration,of the 15 judgees
and if the prisoner was found guilty judgment would be
postponed till then.

(We shall give the conclusion in our last edition.)

CRIMINAL COURT.—(This- Day.)

NEW COURT.
(Before Mr. Justice Crompton.)

The case of Mr. Glover, ex-M.P. for Beverley, WWI
resumed this morning, but the jury had not returned
their verdict when we went to press.

LAW INTELLIGENCE.--(This Day.)

SHERIFFS' COURT.
(Before Mr. Pi endergast, Q.C.)
DIEN V. DANIELS—SITHA.ORDINLAT CASE—IMPORTANT
DECISION.
Mr. T. Beard appeared for the defendant, a solicitor's
clerk, and endorser of a bill of exchange fur 171. 16s.
The case has been adjourned three times to give
plaintiff au opportunity of proving that defendant had
received notice of clishoncur. Mr. Beard argued that,
as plaintiff had not only not given notice to defendant of
wshouour, but as he Nl., failed to pr.,ve rresentation,
defendant was entitled to a verdict. Mr. Beard quoted
several c.ises from sir. Justice Byles on bills of exchange,
and he insisted that the learned judge had been explicit
enough in the 1,11, wing words bearing directly upon
the Present case :—" The consequence, therefore, of us.
lect of notice is, that the party to whom it should have
lo: en give❑ is discharged from all liability on the bill of
exchange."
Plaintiff did not appear.
A witness desired to give evidence to prove that he
had presented the bill, and also notice of dishonour.
His Honour said, that as plaintiff did not appear the
witness could not give evidence, unless he had been in-
structed by plaintiff. The witness might have come to
prove a must material fact, but plaintiff had not paid
the adjournment fees, and consequently the case was
not before the Court.
Mr. Beard applied for costs, but his Honour demur-
ring, Mr Beard said he would pay the fees.
His Honour said he did not think that could be done.
Mr. Beard said it was quite usual.
The matter was then agreed to, and the fees being
paid, defendant was allowed costs.

CITY OF LONDON HOSPITAL FOR DISEASES OP THE
CHEST, VICTORIA PARK. —Tut, number of patients re-
lieved at this institution during the last week was 1,002,
of which 132 were uew cases.

FATAL ACCIDENT IN CORNWALL.—On Thursday last
Major Ctoker, Royal Miners' Artillery, war, with his
coachman, drowned in a fishpond on the Prideaux estate,
near St. Blayzq, which he rented of Sir C. Rushleigh.
It appeared that the nond was overgrown with weed, to
clear which a flat-bottomed punt belonging to a sailing
yacht had been obtained. By some means unknown the
boat was upset, and bogy 11 its occupants became entangled
in the weed and unfortunately drowned.
APOTHECARIES' HALL. —Names of gentlemen who
passed their examination in the science and practice of
medicine, and received certificates to practise, on Thurs.
day, April 8. 1853 : George Bowaher Beale, Edgar
Birratt, Sydenham College, Birmingham ; E. Worts,
Colchester ; Henry Robert Davis, London ; H. Osmund
Brown, Twickenham ; Frederick Augustus Edwin Day,
Hambrook, Bristol ; Frederick George Wm. Muller,
Monoontoar, Brittany, France ; John Winnall George.
THE MYSTERIOUS MURDER AT PORTSMOUTII.-130ETS.
MOUTH, Friday,--Much excitement was created in this
town yesterday afternoon on it becoming known that a
man had been apprehended on suspicion of being the
assassin of the man Hart, who was murdered at the door
of the house in which he lodged in Thomas-street, in this
town, on the night of Saturday, the 13th ultimo. The
greatest possible secrecy was observed, and nothing that
is reliable has oozed out, but it is said that he is a brother
cf the deceased. The man was taken before the magis-
trates, and a private examination was gone through yes-
terday, and be was remanded for further examination.
It is said that a woman identified him as having called
on the night of the murder at her house (a beer-shop in
the town), soon after twelve o'clock, and having aulparnii
of ale, and that while serving him oho
noticed his appearance. She assigns as he
of the not coming forward and mentioning
filed for
ciprcaruretrnaiscsotaaefcoyer
before that she was afraid of being
at that hour. Mr. Superintendent.k z a very minute Ports-
mouthinvesti-
gation, Borough police, Lfiengegatz serving bete
twehapatinnal hthe i tnhe exrit oye examinationter es
sgoamtioenl,igahntdwiitllisbebethlireavweid:
murder.
Royal Mail steamship
LivEarooL, AP
Cap ads, Lang, commander,ril IQ-I:heeded hence for Halifax and
with 41,7511. in specie, upwards of 100
Boston to-day
and cargo, besides the usual mails. On
ane gahgaroo, and on Saturday the Royal
i‘P‘Visaesidien: etgeseadramEY's Et Arabia, will sail for New York.
TOR AT
BreAer MAILS.—PLYMOUTH, April 11.—Up to
this date no intelligence has been received of the mail
steamse
I,ie Gambia, Commander Tutt, which left on
the 24. h of December, and was due here on the Oth of
March. She reached Sierra Leone in proper time, and
went down the West Coast. Great fears for her safety
were expressed by the officers of her Majesty's steam.
vessel Merlin, which arrived here on the 31st of March
from the station. The next mail packet, the Armenian,
last, henceste aanin on the
stt
ghti
82Ct4oatnathemdo Command I
jti clhaeanctuGahreyeo:gwAealsCajod:subteyet,sto,n
paddlewheThursdayel
lVeaavloertohues,slo6u,nedapbt)-adinayWfiolrlialtracCru.iAseldolafafimve, appointed to
will place herself in the track of the Armeni
krnsiexo da
as
yt
so'
render assistance should it be required.
SUNDAY TRADING AND OTHER STREET NUISANCES.—•
Complaints having been recently addressed to the Come
inisstoners of Police respecting certain street nuisances,
more particularly the game of " tip-cat," as played by
boys in the public thoroughfares, and the " crying " cf
costermongere and others near churches during the hours
of divine service, the commissioners have replied to the
following effect:—They inform the complainants that
the police are, an will again be, instructed to Fut an
end to the game of " cat ; " and that with respect to
Sunday trading, they do and will take every precaution
to prevent the crying of provisions, &c., for sale near
churches and chapels, although it appears that they are
not authorised by law actually to repress the practice.
A FRENCHMAN ON MILTON.—Milton, having chosen
for hie theme the greatest of human interests, has
brated it in the widest Fpreacl tongue of thy whole world.