The Sun.
London, England, 1858-04-20 00:00:00

COURT OF QUEEN'S BENCH.

(Sittings in Banco before Lord Campbell, Mr. Justice
Wightman, Mr. Justice Erle, and Mr. Justice Cromp-
ton.)
THE QUEEN v. SIMON BERNARD.
APPLICATION FOR BAIL GRANTED.
Mr. Edwin James, Q.O , moved for a writ of habeas
corpus, returnable immediately, to bring up Simon Ber-
nard, at present in custody on a charge of conspiracy, to
be bailed. The Crown had notice yesterday of the in-
tended application, and he believed there was no objec-
tion to the course pursued.
Mr. Justice Erie asked why the prisoner had not
made an application at chambers. If ho had done so,
he might have been in all probability bailed yesterday.
Lord Campbell said the prisoner had an undoubted
right to make the present application. He was cbargei
with a bailable offence, and he must be treated in
every respect
iespLecictitiraed
whatsoneofwahserth
e bdp:ee jaecattiY reletive to making 'a subj e cte. Hi a
lordship
immediate return to a writ of habeas corpus

Mr. Robinson (chief clerk of the Crown-office) said an
immediate return meant in practice 24 hours after the
application.

Mr. James said he believed there was no objection on
the part of the Crown to the granting of the writ. They
were yesterday furnished with the names of Dr. Ber-
nard's proposed bail, who were men of substance, and
bad bad time to make inquiries relative to their suffi-
ciency. He asked their lord hips to issue the writ and
make it returnable on the rising of the Court.
The application was granted.
Mr. Edwin James then asked their lordships to fix
the amount of bail, in order that no time might be lost.
After a short consultation,
Lord Campbell said the would fix the amount
of bail at 1,000/. for the defendant, and two sureties in
500/. each.

Dr. Bernard will therefore be brought up about four
o'clock, and admitted to bail.
THE ROYAL BRITISH BANK TRIALS-APPLICATION FOR A
NEW TRIAL-THE QUEEN V. BROWN AND OTHERS.
Mr. Sergeant Sbee said this was an ex officio informa-
tion, tried before Lord Camptell at the late Guildhall
sittings, charging the whole of the defendants with con-
spiracy with intent to cheat and defraud the public, in
the capacity of directors of the Royal British Bank, on
which occasion a verdict wee found for the Crown against
all the defendants. Re moved on behalf of Mr. Richard
Hartly, one of the defendants, for a rule to show cause
why a new trial should not be lad on the ground that
the verdict was against the evidence, and also on
the ground cf misdirection on the part of the noble
and learned lord who tried the case. The defendants
were charged with conspiring todefrand the shareholders
and depositors of the bank, as sell as others the Queen's
subjects, and the points relied on were a knowledge on
the part of the defendants that the report and balance-
sheet of the 31A Dec. 1855 were false and fraudulent,
and that the amount cf the assets of the bank were
stated at 108,0001. in excess. The learned sergeant
proceeded to enter minutely into the facts of the
case as detailed in evidence, contending that the
evidence did net prove knowledge of fraud
on the part of the defendant Kennedy, (who bad em-
barked his fortune to the amount of 60,0001. in the
bank) ; and, further, that if the balance sheet was false,
there was net sufficient evidence to justify the verdict
of guilty against Mr. Kennedy. The arguments were
not concluded when we went to press.
There are similar applications to be made by each of
the defendants, and it is expected the arguments will
occupy the /dole of the day. -
At half-pas, three o'clock, Mr. Edwin James, Q.C.,
(whilst occupied in the case of the Royal British Bank
directors,) irfsrened the court that Simon Bernard had
arrived for the purpose of being bailed.
Lord Campbell—Let him come forward.
The prisoner then came forward in charge of Mr.
the governor of Newgate, and took his
sWaeaetu'hendrehearthe front row of the bar, and in front of the
learned judges.

Mr. Bodkin, who entered the court at the same time
addressed their lordships, apoligising for the absence of'
the Attorney-3eneral who was then widrassing the Rouse
of Lords in an appeal case.
Lord Campbell said his presence was not necessuyl
The case coati as well be disposed of in his absence as
in his presents
Mr. Bodkit said he ha I been informed their lordships
had determined to bail the defendant and had fixed the
amount of bail.

Lord Campbell said the Court had only declared what
the law required.
Mr. Bodkin said that the name* of the bail had been
submitted to the prosecution, and were found respon-
sible. He asked his Lordship to call upon the defendr
ant to plead to the indictment before he was admitted to
bail.
Mr. James—Let the indictment be read.
Lord Campbell—The defendant ia not bound to plead
now. He wil plead in the usual manner before the com-
mencement cf the trial.

—iflr. Bodkia said the usual course was to bring up a
defendant of habeas corpus to plead.

Justits Erle—Ttie defendant appeared by his
attorney, who puts in bail in the usual course.
Lord Carcpbell asked if the bail were present, be-
cause, if so, they might at once enter into their recog-
nizance!.

The bail, Mr. Peter Stewart, merchanti Liver
pool, and Dr. Epps, Great Russell-street, were
called, but they did not answer, which was
explained that they did not expect the prisoner
would be )rought up before four o'clock, and after
a quarter of an hour's delay the bail appeared, and th
recognisanom having been entered into, the defendant
was set at lberty.
The covet and its avenues were densely crowded.
Thera was to demonstration in Court, and on his leaving
he was slightly cheered. The cabmen on the rank
loudly cheered hint as he emerged into Palace-
yard, and several of them drove up their cabs
to have tie honour of conveying him to his resi-
dence. Ot his leav'aag in the cab he was again cheered.
Dr. Bernard left the Court and emerged into
Palace-yart just as• hon. members were assembling.
Conspicuots among:tt the crowd was Lord John Russell
with a glais to his eye scanning the defendant as he
passed.

THE MYEDERS NtR TAIIETON.—The inquest on this
tragedy was held out Friday, when
.conclusive evidenoe
was given to bring tbte crime home to the grandson, and
the jury ,mmediati,ly returned a verdict of " Wilful
Murder" igaini4 J, tbri Baker Bucknall.
THE PCETSMOUTH; :31HEDER.—The hearing of this case
is still being prone ecied with. Nothing has yet been
ercited to clear up this mysterious affair.
NORTH)MBERLANTe AND DURHAM BAEZ.— In the
Court of the Lomita Justices of Appeal yesterday an
order wat made for the compulsory winding•np of the
company under the direction of the court. The costs of
the petitions to be pai.l out of the estate, and all parties
who were properly- be fore the court were to be allowed
their Mtg.