The Sun.
London, England, 1858-04-09 00:00:00

.A-P R L7r 9, 1858.

THE ATTEMPTED ASSASSINATION

taining a false passport- which At
Brussels Bernard rzmai,... ti 1. his
pr,vity, the grenaies were .:,livered-to a ,);
at
hotel, to e carried to Paris, and Orsini left
Brussels for Paris in the same train as the
waiter. Bernard then returned to London, an .I,
according to the depositions, was very active in induc-
ing de Rudio, who was then in a state of great destitu-
tion and misery, to go over to Paris that he might there
pat himself under the orders of Orsini. Bernard Fro-
cered a passport for de Rudio in the name of de Silva,
and when de Rudio bad gone over to Paris he supplied
small sums of money to de Rudio's wife, and sent her
into the country, making use of mysterious language as
how she was to conduct herself if she should read any-
thing in the newspapers about her husband. It further
appears that, to facilitate Orsini's personation of Allsop
at Paris, Bernard, in December, wrote several letters to
one Outrequin, a commission agent at Paris, and ad-
vised Outrequin of the consignment of a package contain-
ing revolvers, which, in fact, had beenpurcbased by Pierri
in England, and were t ) be delivered to Oreiai in Paris.
The last fact stated in the depositions with which I will
trouble you is, that, on the 2d of Jan., 1853, Bernard
himself brought the package containing the revolvers to
the office of the South Eastern Railway, in Regent Circus,
directed to "Monsieur Outrequin, 277, Rue St. Denis,
Paris," making use of language which, although it may
indicate the knowledge of some plot against the existing
government in France, yet if spoken seriously and sin-
cerely repels the notion that Bernard was then aware
that this plot contemplated the assassinatiou of the
Emperor. Gentlemen, having heard and considered
all the evidence which will be laid before you on the
part of the prosecution, you must form your own
opinion as to its sufficiency to justify the prima
facie inference of complicity, or ;guilty knowledge
of the plot, on the part of the accused. That he should
really have believed (as he allege ]) that the grenades
were connected with a new discovery in the making of
gas, I must say seems to me exceedingly improbable.
But he might by possibility suppose that they were
only to be used in some military enterprise ; although,
looking to the small number of the grocades (riot ex-
ceeding five), and the whsle history of them,
which Bernard was well acquainted, you may think
that he had more reason to believe that they were
instruments of assassination than munitions of war.
But unless the evidence, unanswered, does In your
judgment make out against Bernard a prima facie
case of complicity in the plot against the Ids of the
Emperor, I think that you ought to return the indict-
ment which will be laid before you "not a true bill ;"
and this will put an end to all further proceedings under
the commission. But if the evidence does in your

OF THE FRENCH: EMPEROR,.

SPECIAL COMMISSION.-(THIS DAY.)

The Special Commission for the trialof Simon Bernard,
charged with felony, under 9th Geo. 4, cap. 31, sec. 7,
as an accessory before the fact of the murders committed
on the 14th January last, when the unsuccessful attack
was mails on the Emperor and Empress of the French,
near the Paris Opera House, was opened this
morning at the Old Bailey, for the purpose of
swearing in the grand jury, before whom the bill
bad to be sent. The bill found against him by the
grand jury sworn on Monday last at the ordinary session
is for a misdemeanour, viz., that of conspiracy, and will
not, it is anticipated, be tried until after the result of
the charge of felony to be tried before the Commission.
The grand jury was charged in the Second Court in
consequence of the Old Court being occupied by Mr.
Justice Crompton in concluding the Haymarket murder
trial.

It a quarter past ten o'clock Lord Campbell, and
Lord Chief Boron Pollock, accompanied by the Lord
M.P.) ; Russell Gurney,
Mayor (Sir R. W. Carden,
Esq., Q.C., Recorder ; Mr. T. Chambers, Common
Serjeant ; Alderman Sir F. G. Moon, Bart. ; Sir C.
Marshall, Alderman Hales, Alderman and Sheriff
Lawrence, Alderman and Sheriff Allen, Mr. Under-
Sheriff Millard, and Mr. Under-Sheriff Parker. The
proceedings created intense interest, and the arrange-
ments made by the under-sheriffs for the representatives
of the press and the accommodation of the public gener-
ally were excellent and gave universal satisfaction.
Their lordships having taken their seats on the bench,
Mr. Clarke, the Clerk of the Court, read the
commission issued under the great seal. It was addressed
to Lord Campbell, the Lord Chief Baron Pollock, Mr.
Justice Erle, Mr. Justice Crowder, the Recorder, R.
Gurney, Esq., Mr. T. Chambers, the Common Sergeant,
Mr. Prendergast, the Judge of the Sheriff's Court, and
the whole of the Aldermen and the Sheriffs. It recited
the clause of the Act mentioned by Lord Campbell,
in charging the grand jury, as the authority for issuing
the commission, and also stated the charge against
Sitinon Bernard which it would be their duty to inquire
into, and adjudicate on in due form of law.
Several members of the bar were present during the
swearing and charging of the grand jury. In ordinary
cases, that of assizes and quarter sessions, the members
of the bar are not permitted to be present during that
time, but they are specially exempted on the meeting of
a special commission, and their presence was recognised
by the learned judges.

adgment make out a prima facie case of complicity,
would advise you to find "a true bill," so that the
trial may proceed. Such complicity may be sufficient
,t) make the accused an scce-s ry before the fact to
the murders which, in the event, were committed ;
although the deaths of the individuals who were killed
were not in the contemplation of the accused when he
became a party to the plot. It is laid down in our
books, that " an accessory before the fact is he who,
being absent at the time of the offence committed. doth
yet procure, counsel, command, or abet another to
commit a felony ; and it seems that those whe by hire,
command, counsel, or conspiracy, and those whe by
-bowing an express liking, approbation, or assent to an-
other's felonious design of committing a felony, abet and
encourage him to commit it, but are so far absent when
ne actually commits it, that he could not be encouraged
by the hopes of any immediate help or assistance from
them, are accessories before the fac;." As to the objec-
tion that Bernard could have had no intention, that
those who were killed by the explosion cf the grenades
should be put to death, it may be observed that such a
question can only erise when the principal does not act in
strict conformity with the plans and instructions of the
accessory. But here, if Bernard was privy to the plot,
Orsini, Pierri, Gomez, and de Rudio, in throwing the
grenades as they did, must be considered as haying
acted strictly in conformity with his plans and instruc-
tions, and he is answerable as accessory for the consc-
quences. It is even laid down that " where the
principal goes beyond the terms of the :solicitation, yet
if, in the event, the felony committed was a probable
consequence of what was ordered or advised, the
person giving such orders or adeice will be an accessory
to that felony. As if A advise Bto rob C, and in
robbing him B kills him, either upon resistance made
or to conceal the fact ; or if A solicit B to burn the house
of C, and B does it accordingly, and the flames taking
hold of the house of D, that likewise is burnt: in
these cases A is accessory to B both in the murder
of C and in the burning of the house of D—
the events though possibly falling out beyond his
original intention, were, in the ordinary course of
things, the probable consequences of what B did under
the influence and at the instigation of A." The ap-
proved test is, " Was the event alleged to be the crime
to which the accused is charged to be accessory a
probable consequence of the act which ho counselled ?"
You can have no difficulty, gentlemen, in applying these
authorities to the circumstances of the present case,
Gentlemen, it may be proper that I should mention to
you that an Act of Parliament passed since 9 Geo. IV.,
viz., 11 and 12 Vie., c. 46, after reciting that it is
expedient to make further provision for the more
effectual prosecution of accessories before the faot to
felony, and that it is expedient that any accessory
before the fact to felony should t e liable to be
indicted, tried, convicted, and punished in all
respects like the principal, as is now the case in trea-
son and in all misdemeanours, enacts, that "if any
person shall become an accessory before the fact
to any felony, such person may be indicted, tried,
convicted, and punished in all respscte as if he were
a principal felon." Therefore, perhaps the indict-
ment submitted to you may contain counts charging
Bernard as a principal; but still the question of fact
for your consideration will be whether the evidence
shows prima facie that he was an accomplice
in the assassination plot ? If you Sad the In•
dictment a true bill the accused will have an ample
opportunity of making his defence both on the facts and
on the law of the case. He may be able to contradict
or discredit the witnesses fur the prosecution, and to
chow that he was entirely innocent of any evil inten-
tion, or, at all events, that he had not the guilty
knowledge of a plot to assas,inate the Emperor of the
French. Even if this fact were found against hint, it
will be open to his counsel to argue that be cannot in
point of law be properly convicted according to the Acts
of Parliament upon which this prosecution rests. I ab-
stain for the press, t from giving any opinion on any
question of law which can be deemed doubtful. What-
ever questions of law may be raised during the trial
will be most deliberately considered, and I trust satis-
factorily deposed of. There are four Judges of her
Nlejesty's superior Courts appointed to preside, and
they will all be present, although two of them
are still engaged on their circuits. Further, I am
happy to say that we have a power, either before or
after sentence, of taking the opinion of all the 15 judges
upon any doubtful question of law which may arise during
the trial. Tho accused not being a native-born subject,
there must be an extraordinary anxiety in all quarters
that he may have a fair and impartial trial. But if
it should turn out that, enjoying an asylum in this
kingdom, he has violated those laws which are
equally binding on foreigners residing in this
country as upon native-born subjects, and that
becoming an accomplice in a plot against the life of the
sovereign of a neighbouring country, the ally of our
Queen, he has committed an offence for which is native-
born subject would be liable to punishment, we are
required not only by what is due to foreign nations, but
by what is due to the equal administration of justice in
our own land, to take care that he may not escape with
impunity.
The jury then withdrew.
Lord Campbell said that if the grand jury returned a
true bill, it was proposed to commence the trial on
Monday morning, when all the learned judges named in
the Commission would be present. As the trial would
in all probability last several days, he took that oppor-,
tunity of expressing a hope that pending the proceed-
ings the public press would abstain from die-
cussing the evidence. It was advisable a full and
faithful account of the proceedings should be laid
before the public, because, as he bad observed on a
former occasion, it was extending indefinitely the area
of the court, and giving all the advantage of being, as
it were, present at the trial. Discussing the evidence
as the trial proceeded was likely to prove disadvanta-
geous to the accused, and cause justice to be obstructed.
Tneir lordships then withdrew, and the ordinary busi-
ness of the sessions was proceeded with.

The following gentlemen were sworn on the grand

jury :-

Mr. Edward Greenaway, 33, Biabopagate-street
Within, foreman.
Mr. Jag. Henry Jackson, 12, Friday-street.
Mr. Thos. Davits, 63, Cannon street, W.
Mr. Wm. Webb, 98, Bishopegate Within.
Mr. James Bartram, 75, Holborn.
Mr. Win. White, jun., 73, Watling-street.
Mr. Sam. Hallam, 30, Bishopsgate
Mr. W►n. Blackman, 101, Bishopsgate Within.
Mr. J. A. Purkise, Little Distaff-lane.
Mr. Thos. Fox, 93, Bishopsgate Within
Mr. Robert T. Pocklington, Old Fish-street.
Mr. Arch. Hunter, 59, Cannon-street, W.
Mr. Henry Law Hancock, 61, Bishopsgate
Mr. Stephen Dean, 65, Bishopsgate Within.
Mr. Francis F. Tyas, Watli❑g-street.
Mr. Geo. Peachey, 73, Bishopsgate Within
Mr. Skelton, 84, Bishopagate Within
Mr. G. W. Anton, Farringdon-street.
Mr. John Scott, 53, Cannon-street.
Mr. Robert Lloyd, 69, Holborn.
Mr. Henry Harmer, Ferringdon-street.
Mr. Fred. W. Floyd, 55, Bishopsgate
Mr. Thomas Sharland, 69, Bishopsgate Within.
The jury having been sworn, Lord Campbell was
about to charge them, when
The Foreman said that one of the jurymen bad been
sworn in the wrong name. He had been sworn as
"Tyas" instead of "Tyars."

Lord Campbell directed the alteration, and Mr. Tyars

was re rworn.

THE CHARGE.
Lord Campbell then read the following charge to the
grand jury :

Gentlemen of the Grand Jury,—ln now addressing
yobs, it will only be necessary for me briefly to explain
to you the occasion of your being summoned here to•
day, and the duty you will have to perform. The ordi-
nary tribunals of the country cannot take cognizance of
the offence mentioned in her Majesty's special commis.
sion, which you have just heard read. An Act of Par-
liament creates this offeno,, and prescribes the specific
mode in which the offence is to be prosecuted. By
statute 9 George IV. o. 31, section 7, it is enacted
"That, if any of his Majesty's subjects shall be
charged in England with any murder or manslaugh-
ter, or with being as accessory before the fact to any
murder, or after the fact to any murder or manslaughter,
the same being respectively committed on land out of the
United Kingdom, whether within the King's dominions
or without, it shall be lawful for any Justice of the
Peace of the county or place where the person so charged
shall be, to take cogniz ince of the offence so coarged,
and to proceed therein as if the same had been committed
within the limits of his ordinary jurisdiction ; and if any
person so charged shall be committed for trial or admitted
to bail to ans wer such a charge, a Commission of Oyer
and Terminer, under the Great Seal, shall be directed
to such persons, and into such county or place, as shall
be appointed by the Lord Chancellor, or Lord Keeper,
or Lords Commissioners of the Great Seal, for the speedy '
trial of any such offender ; and such persons shall have
full power to enquire of, hear and determine, all such
offences within the county or place limited in their com-
mission, by such good and lawful men of the said county
or place as shall be returned before them for that pur-
pose, in the s line manner as if the offences had
been actually committed in the said county or place."
It is alleged, on the part of the prosecution, that Simon
Barnard, an alien by birth, while voluntarily residing
in this country, and enjoying the protection of our
laws,—owing, therefore, a temporary allegiance to the
crown of England, and for certain purposes being one
of the Queen's subjects, has been
bg.,euiinitgy of an offence,,anaccessory
ymit tad on land out of
againstb,re ot he i
fs,,Ac
tt ofa Pmarul iradme
re net,a
mb
the United Kingdom." Gentlemen, it appears from the
depositions which lie before me (and it ie now matter of
history) that in the evening of the 14th of January
last a most atrocious attempt was made to assassinate
the Emperor of the French was he as going to
the Opera at Pares, accompanied by his august consort ;
—that the explosion of hand grenades was resorted to
for this purpose ; that providentially the Emperor and
Empress escaped unhurt ; but that (as might have been
expected) some bye.standers were Oiled on the spot and
others received severe wounds of which they died in a
few days. The question of fact, gentlemen, which you
will have to consider will be, whether the evidence which
will be laid before you is sufficient to show prima facie
that Bernard while residing in England was an accom-
plice in this plot to assassinate the Emperor of the
French 3 If he was such accomplice, and if, supposing
that the detestable object of the conspirators had been
fatally accomplished, he would have been accessory to
thatmurder, he is aquallyaccessoryto the murders which
were committed, as they were a probable coneequenoe
of the murderous deed which he had expressly sanctioned.
Now, gentlemen, the depositions clearly show that,
whether Bernard was privy to it or not, a wicked plot
had been formed in the end of the year 1857 by certain
foreigners, who had found an asylum in England, to
assassinate the Emperor of the French by the explosion
of gunpowder. The two chief conspirators were Felix
Orsini and Joseph Pierri. They procured the grenades
to be manufactured in England, and to be carried first
to Brussels and afterwards to Paris. At Paris, ac-
companied by Antonio Gomez, a servant of herd,
and by another foreigner, named Da Radio, who
was hired in London, to assist them in their enterprise.
Orsini and Pierri, armed with the grenades and with re-
volvers sent to them from England, actually did make
Friday
fo
rmsotr nKi
tgt.,s
the attempt by throwing the grenades, and causing them
to explode, as the Emperor was about to alight from
his carriage. Bernard was not present ; he was still in
England, and there is not in the depositions any direct,
positive evidence to prove that he was aware of the
purpose to which the grenades were to be applied. But
the depositions do disolose serious facts which, till con-
tradicted or explained, may load to the presumption
that he was an accomplice. A few of the most
prominent of these I will mention to you.
siding in London, and being very intimate with
or SUBMARINEBEIBNIID TFErLiEdGaßyAmPoHrling.
Orsini, Eernard was instrumental in causing the
a ;weether cloudy.
from Trieste.
grenades to be manufactured, and in November, 1857,
he on two occasions purchased materials from which the
e ANDQueßveßwn;
rf t e r
fulminating powder, for the explosion of grenades, is
April
compounded. When the grenades were otompleitnedv,enin.
wpliviaisinieaddEEfr:oboasytreosna.g:asitsrto;iitltHaf:rp.oehhlineeignshLef,ornfordmoomnLicata; Thomas and
jaim:edr-AeAwpprsitl-eBa—m..N:rBa, B—Nautilus, from
,Gforersctsahrydli.ff
Rites
DEeL,
London,
December, he induced the keeper of the Caffe Suisse, in
,Arerriereed,
London, to carry them secretly to Brussels, on the re-
presentation that they were connected with a new b r
tion fur the making of !gas. In the end of DBercue
when the grenades had been carried over to
Thalia, screw
under the name ot terschaft, from Hamburg, f
and likewise Orsini, who wasp assing Rajahwareo, from London, forokuGrir.gow; Stree Rajah
Bernard went thither himself, and there be met Pierri,
Alleopp, and whom be appears to hate assisted in ob. Sailed iii
,A4ie%.4 iow—David ayer, for London,

LLOYD'S SHIPPING.--(This Day.)

LONDON, April 9.—Wind this day at noon, E.; mo-
derate breeze and cloudy.
PLYMOUTH, April B.—Wind S.S.E.--Arrived—Mein
Leist, from Valaraiso ; Azores, Mogadore ; Corporation,
from London for Cape Coast, bore up with loss of jibboom
a.ndgmartingale-
FOWEY, April B.—Wind S.—Arrived—Revenue, from
Liverpool for Trinidad, assisted in with loss of mainmast,
and foremast gone by the head yards, and sails and bul-
warks much damaged.
FALMOUTH, April 8.--Wind S.E.—Arrived—Ro,"°'
from Matanzas. •
QUEENSTOWN, April B.—Arrived—Lunar froui3uormi.
tius ; Eliza Band, from Rio Grande ; Anne Duncan,
Licata.
MONTROSE, April 7.—Wind E.S.E._Arrived—Exem-
plary, from Savannah. Goorge, from Dunkirk
PORTSMOUTH, April 7.—The 8— leaky, having
to-c 1.7
for Liverpool, passed off this placo
struck in leaving the formar port.
(BY ELECTRIC
LlvsT.EuLpEocloLß,AliFriLy
Morning.

Wind S.S.E. fresh.
Sailed, March' 9•" Caroline,derl for Charleston ; Fisher,
Newfoundland ; eeve) Calcutta ; Oscar,
Off li'atertord.—Ontario, from New York.
Ostend ; City of Mobile, Bombay.

ZIAII iIAL 03 (TE,T.--(11's Day, )

OLu t;OURT.

(Before Mr. Justice Crompton and AI:. Justice
THE HA.YiIIARKET MURDER.

SECOND DAY.

The trial of Giovanni Gatti for the wilful murder of
Htdoise Tnauban was msii..ned this warning.
Exactly at ten o'clock the prisoner was placed in tb•
dock.

Hr. Tindal Atkinson rose to address the jury on the
part of the prisoner. The learned conn-el having
alluded to the position of the prisoner, said he was a
stranger to the laws and customs of the land, but he had
shown his confidence by praerring to be tried by an
English jury. He was cut off from all relations and
kindred in this his hour of danger aJI peril, but be
felt sure that the whole (1 the evidence would
receive a careful and merciful consideration. To
convict the prisoner they must arrive at a satis-
factory conclusion, to the exclusion of all doubt,
that Heloise Thauban came to her death at the hand.
of the prisoner. Beyond one slight fact, in his opinion,
there was no conclusive evidence that a struggle for life
and
.death ever took place during the time the prisoner
was in the house with the unhappy woman. It was true
the woman Disher bad spoken to having heard three
groans, but that was no evidence that the prisoner was
committing murder at that moment. fbtre was a sick
woman residing on the same floor, and it was quite pos-
sible that the groans proceeded from her. He had great
doubts with respect to the Evidence of 3fre.
Disher, for it her statement was to be relied
on, contrary to all that was known, warmth
would be retained in the human body 14 or 18
hours after death. He should have occa ion to allude to
this evidence by and bye, so he world not stop to analyze
it. To convict the prisoner of wilful murder there must
be malice—express and positive malice, but was there
anything of this nature in the present case which would
lead them to such a conclusion. There was not a tittle
of evidence to show that the prisoner ever saw or
spoke to the unfortuna'e before the evening of the fatal
occurrence. Julia Levy appeared to be the favourite
woman ; he met her in Char'es-street on the 231 of
February at 10 o'c'eck in the evening, she had
rings and jewels about her, she had diamonds
upon her fingers, and a gold watch by her side ;
and if murder bad been his object would he have
made such an offer as ten francs to pass the night with a
woman who, as the proprietress of the disreputable
house might be supposed to be possessed of a quantity
of money, whose fingers were glistening with the pro-
duce of her shame? Why, it murder had been his aim,
instead of offering ten francs, might he not safely have
offered a hundred ? He implored them, as men of the
world, to think of this fact seriously, and be felt certain,
when they had done so, they would be of opinion that
murder and robbery was not his object on the fatal
evening. If robbery had been contemplated, why did he
go with Heloi,e Thauban in preference to Madame
Levy ? Tee unfortunate deceased bad nothing of
value upon her person compared with Levy. Then,
again, the articles of jewellery that had been
found en the prisoner, spoken to as having been
the property of the deceased. What were they ? They
were articles of the commonest description. They were
to be met with in London in every shop window.
,Tbey
were made in Birmingham in hundreds and were sent' to
London, and there purchased by women cf the class of
the unfortunate deceased. Then, again, the faot of a
small clock having been in the prisoner's box. It WAR,
be thought, too much to swear that the clock found was
the property of the deceased. Such chicks were to be
met with in the metropolis, and there was nothing in
the evidence to disprove the assertion of purchase by the
prisoner. Now, with respect to another point in this
case. Why had not the sick woman been produced, to
say whether she gave the groans that evening, It wee
material such evidence should have been given. Not!,
supposing that all that ha l been spoken to by the wit-
nesses were true, was it impossible such an unfortunate
and melancholy event might not have occurred by acci-
dent. It was well known that frequently in houses of
the description of the one in Areudel-court frequent
haggliligsae to the price to be paid for favours occurred.
Was it impossible for a quarrel to have arisen between
the utifirtunate woman and the prisoner ?—that in the
course of the quarrel the deceased scratched the pri-
soner's face, and then the hot, hasty blood of the
Italian rose—he seized the unfortunate woman by the
throat with his thumb and finger, and death was acci-
dentally occasioned in an instant The medical evi-
dence did not confute this theory. Both the surgeons
were of opinion that death might have been caused in
two minutes and a half. Both surgeons were of opinion
that death was caused by strangulation, and not by suf-
focation, and this more than anything else showed that
the melancholy event bad arisen from a sudden
impulse, and not by a pre-conceived arrangement.
There was a doubt, and he emplored the jury to think
well of this part of the case. If they should arrive at
such a conclusion the law provided for the robbery an
adequate punishment. Then again with respect to the
witness Eliza Disher ; it was an extraordinary thing
that she, who said she saw the prisoner leave the house,
could not swear positively now to him. She said he
wore a brown paletot, but the prisoner did not possess
such an article of wearing apparel. On the fatal evening
he wore the dress he now appears in ; and it was un-
likely in the highest degree that she, the wife of a tailor,
should mistake the dress of the prisoner. He implored
them to weigh well the whole of the evidence. If they
had the slightest doubt on their winds the law directed
the prisoner should receive the benefit of that doubt.
He had no fear of the resent, he felt they
would give suah a verdict as would satisfy
the law and the country, such as would be expected to
emanate from twelve unprejudiced Englishmen. He
felt confident they would be slow to arrive at a conclu-
sion, because such an event, if adverse to the prisoner,
consigned him to an early and ignominious death on the
scaffold. Their verdict, when once given, could not be
recalled ; and, such being the case, he felt it his duty,
with all the zeal and ability he possessed, to urge upon
them to consider the absence of all malice and motive
on the part of the prisoner. The learned counsel con-
cluded by expressing a hope that an Almighty and All-
wise Providence would lead them to a just and merciful
conclusion.
Mr. Justice Crompton at groat length summed up
the evidence.

At half-past one o'clock the jury retired to consider
their verdict and at 10 minutes to two reentered the
jury box and returned a verdict of Guilty.
The prisoner on being asked what he hal to say why
sentence of death should not be passed, said he was not
guilty.

The learned judge having put on the black cap
proceeded to pass upon the prisoner the awful sentence
of death. His lordship said that after a long and careful
trial the jury had found the prisoner guilty of having
murdered the unfortunate woman, Heloise Thauban,
under circumstances of the greatest brutality. When
you committed the murder you must have thought
that you would be enabled to escape, but juatice was
not to be defeated. It only remains for me to pass upon
you the awful sentence of the law. I implore you to
use the remainder of the time allotted you to live in
prayer and penitence. It would be idle to hope that
any mercy can be held out to you. The sentence of the
Court is, that you be taken from hence to the place from
whence you came, and from thence to the place of execu-
tion, and there hanged by the neok until you are dead,
and may the Lori trod Almighty have mercy uden your
soul.

Mr. Bodkin—lt is in the power of the court to order
are ward t witnesses who have acted in a meritorious
manner, therefore I have to ask your lordship to order a
mini of money to be given to one of the witnesses—the
waiter at Klein's Hotel.

Mr. Justice Crompton—lt is very unseemly that these
questions of money should be made while a prisoner i■
present in court who has been sentenced to death. I
have observed it before in other cases, and I will not now
entertain the application. There is plenty of time
hereafter.

The dreadful sentence was then communicated
through the interpreter to the prisoner. He heard the
announcement with the utmost c)olness. At the eoa-
elusion of the communication,
The prisoner said—" I am not guilty—therefore you
cannot condemn me to death."
The interpreter informed him that the sentence would
surely be carried into effect.

The privoner—You cannot execute me. I Ain •
minor.

Mr. Justice Crompton, through the interpreter—By
the law of England, all persons whatever are subjected
to the penalties inflicted by the law.
Lani then shrugged up his shou'ders, and quitted the
dock with the utmost composure.
The execution will take place on Monday fortnight.

bT.
THIRD C rßyl es.)
(Before 114r.asJusticeor
THEpc:renr 3,2, dealer, who was yester-
day Wiinlldiaicnitedirfrel°lhlrYrdßetthteinfVestminster Fire In-
f the sum of 1,0001., was again
suran
in dock.
PlaTcheids",-„°troccupi.ed the Court the whole of yesterday,
gconclusion of the case for the prosecution the
ruiseacewiCthominptaeonyt t:
adjourned until to-day.
eccafor the defence being offered, the principal
that of the evidence of a lad, who stated
d
days prior to the fire he carried some timber
atpcahnoanadistnatvaarvi idbttfAreeectgirilne s of furniture into the cellar, and that while
doing so he stumbled near the post to which the pa
branch which caused the fire was attached, and acciden.
tally knocked the branch out of its regular position.
Another witne,s named Barnard said he had been in
the emplqy of Mr. Parker so long ago as October; he
was certain there was no nipple iu the gas branch. He
was positive of the fact. Mr. Parker had cautioned the
whole of his servants nut to turn the gas full on as it
would be dangerous.
Mr. Harrison, of 10, Lawrence-lane, said he was of
opinion that if 10 per cent, was taken off the amount of
the claim sent in by Mr. Parker for damage done to
his property by the fire it would be a fair demand.
Mr. Johnson, of the firm of Morley and Co., was of
the same opinion with respect to the value of the goods.
Mr. Schofield, a dealer in woollen goods, said the
prices charged in claim for the pieces of woollen matei
nal was such that a profit might be obtained thereon i
he had to sell them.