The Sun.
London, England, 1858-05-01 00:00:00

THE MILITIA.

In answer to a question from Mr. LABOUCHERE,
Mr. WALPOLE said it was not intended to call the
militia out for training before the 30:h June, the usual
time for so doing.
MR. JAMES, Q.C., AND DR. BERNARD.
Mr. AUNT asked the Secretary of State for the Home
Department whether his attention had been called to the
report in the papers of yesterday of a meeting held on
the 28th inst. at St. Martin's-Sall, in aid of the " Press
ProsecutionDefence Fund," at which one of H.M.'s coun•
eel was present, and said to have taken part in the pro-
ceedings, and also, whetherit was competent for Queen's,
St
ate
prosecution.
to refuse to hold a brief for the Crown in a we
prosecution.
Mr. WALPOLE said my attention had not been
called to the report in question b. fore the hon. member
gave notice of his question. I then, undoubtedly, sent
for the newspapers to see whatwas reported to have taken
place at that meeting, and I need not say that I read it
with the utmost astonishment. (Hear, hear.) Since
that time I have been informed by a gentleman of the
house, and a friend of Mr. James, tha' Mr. James dial
attend the meeting in company with Dr. Bernard,
but only as an auditor, and was called on to the platform
without previous notice, and, I am glad to add, tkat he
states the report referred to is incorrect. With refer-
ence to that part of the question whether a brief was
offered to Mr. James from the Crown, and whether it is
competent for her Majesty's counsel to refuse to hold a
brief for the Crown in a State prosecution, I have only
this plain statement of facts to make. First, I have to
state that a Queen's Counsel cannot act in a Crown pro-
secution without licence from the Crown given for that
purpose; and, secondly, the Attorney-General wishing
the assistance of such criminal lawyers a. he thought
advisable in conducting the prosecution of the Crown in
the late State prosecutions, applied to Mr. James,
through the solicit:•r to the Treasury, for his assistance,
to which that gentleman replied by letter, which I now
hold in my hand. He states in his letter—"l have
been retained by the defendant, and I have had consults
tions in the case with the counsel and attornies engaged,
and I presume, under these circumstances, the Attorney-
General will not insist on my services." (Cheers.) Now,
I think it right to brine it clearly under the notice of the
house, as statements have gone forth to the public
totally contrary to that impression, and which
ought not to be left on the minds of the public
with reference to these proceedings—statements
which I hope are incorrect—that Mr. James stated that
he had rejected a retainer from the Crown in the late
State prosecutions because he believed an obselete act
of Parliament was sought to be put in force to please a
foreign despot—to bring under the notice of the house
the correspondence that passed between Mr. James and the
solicit ir to the Treasury, in reference to his defending Dr.
Bernard in the late State proseeution, and I will read the
answer of the Solicitor to the Treasury, given with my
complete sanction, knowledge, and concurrence, to Mr.
James's letter, which I think will show the house that
every possible opportunity was intended at that time to
be offered by the Crown to Dr. Bernard to have such
counsel as he chose to defend him on his trial. (Hear.)
Mr. Greenwood, the Solicitor to the Treasury, replied to
Mr. James's letter as follows :--" I have shown your
letters to the Attorney-General, and he desires me to
say that he was not aware you had been retained fur
Dr. Bernard's trial, still lees that you had conferred
with his counsel and solicitors. He thinks it
would be of great disadvantage to the prisoner
now to be eleprived of your assistance, and
would give him just cause of complaint, and there-
fore you ought to be at liberty to go on in his behalf."
(Hear.) I will now read to the house Mr. Jaenes's
answer to this letter which I think will satisfy the house
that there must be some strange error or inaccuracy in
the report referred to. Mr. James says, in reply,
"I thank you for your note and I feel the com-
pliment paid to me by the Attorney-General." (Hear,
hear.) I will only add the licence for Mr. James to
defend Dr. Bernard was immediately given, and I hope
when this plain statement goes forth to the country the
people will see that the Crown on no occasion in this
kingdom deprives a prisoner of the assistance Of any
learned counsel he may desire to have to defend him on
his trial. (Hear, hear.)
COMMUNICATION BETWEEN BAYSWATER

AND SOUTH KENSINGTON.
Mr. MACKINNON asked whether there was any
intention to accommodate the public by opening a C313:1-
inunication between Bayswater and South Kensington ;
and if so, in what manner?
Lord J. MANNERS said the cost of such a COllllllll-
- would be about 60,0001., and he was not pre-
pared to ask Parliament to grant such an outlay for that
purpose.

EXECUTION IN
CHINA.
M !4r. ROBERTSON
12th said that in the Overland Friend
March, 1358, thera was an
of China of the M
account of the executien of a woman at Canton, with
He asked the Under-Secretary for
Foreign
many horrid
Affairs details.
if such executions took place under the
sentence f ny
tribunal under our official superintend-
nae
and if they were carried into effect with or without
foreigne official sanction
Mr. S. FITZGERALD said her Majesty's Govern-
ment had received no information from Lord Elgin of
the character referred to. Of course if such information
came to their knowledge it would be their duty to use
their best endeavours to prevent is recurrence.
LIBERTY OF THE PRESS IN INDIA.
Mr. MILNER GIBSON asked the Secretary of the
Board of Control whether tl.e Government had taken,
or proposed to take, any steps in reference to the Act

XV. of 1857 of the Legislative Council of India for re
straining the liberty of the press.
Mr. H. BAILLIE said no steps had been taken by
her Majesty's G,)vernrnent with r€f!reoce to the altera-
tion referred to. It r>ted with the Governor-General
of India, and on his communicating with the Hume
Government her Maj‘?.sty's Government would take the
matter into 03r:sideratian and decide anon it.
ADJOURN.',IENT OF THE HOUSE

On the raot:on for the adj main rent of the house, the
important notices on the paper were postponed, to
enable the India resolutions to be brought early before
the house.