The Sun.
London, England, 1858-04-16 00:00:00

TRIAL OF BERNARD.

[The a more extended report of the latter
parttshat appeared in our impression of of followingthei
trial
yes-
terday :—j
The Lord Chief Justice asked Mr. James whether ha
wished to postpone his address.
Mr. James replied that he did. There was the evidence
of 70 witnesses, and it was now very late.will go en thenin the morning
The Lord Chief Justice—lt I? equires no apology. You
Mr. James--Yes. Would your lordship wish us to state
the points which we shall bring before the judges?
The Lord Chief Justice—That would be convenient.
Mr. James-- I have prepared them on paper, and I will
state them shortly, and hand your lordship the paper.
There are nine points. Of course the questions to some
extent are doubly stated. I do not propose to address
any argument to your lordship now, but will simply state
the points.
The first question which we propose should be reserved
for the consideratien of the fifteen judges is, that the pri-
soner is not one of her Majesty's subjects, within the moan-
ing of the Otis Geo. IY., chap. 31, sec.
which is the act
under which your lordships have jurisdiction to hold this
special commission.
The second point is, that the prisoner was not an acces-
the aforesaid statute.
gory before the fact to any murder within the meaning of

The third is, that there is ne proof of any murder having
been committed within the meaning of that statute.
The fourth is, that the murder for which the prisoner is
charged by the indictment to have been accessory before the
fact, is proved to have been committed by an alien upon
an alien within the kingdom of France, and not by any of
her Majesty's subj
sub-
jects.
The fifth is, that n, evidence of any acts done by the pri
eck nor upon any of her Majesty's
sonsr on land out of the United Kingdom, and without the
Queen's dominions,
nor of an acts done by any person
in pursuance of any authority from him on land out of the
Unikd Kingdom and without the Queen's dominions is
properly receivable iu evidence in this trial.
y
The sixth point is the principal offence of murder charged
in the first three counts of the indictment was not alleged
s
to hive been committed by any of her Majesty's subjects.
Then .. propose to ask your lordship to reserve the question
about the letter, which will be the seventh point, that the
letter of the let January, lt 57,
signed T. Allsop, was not
properly received in evidence against the prisoner.
Tae eighth point is, that by the terms of the special
I commission the court is only authorised to inquire and try
the prisoner on the charge cf being accessory before the
fact of the murder by Orsini and others of persons whose
names aro not known, and they
have no jurisdiction to try
the prisoner ou a charge of wilful murder as principal.
The ninth point is that the fourth and fifth counts,
whici charge the prisoner as principal, alley.° that the
alleged murder was committed in Paris, outof the Queen's
dominions, and the prisoner being an alien, cannot be tried
as a erincipal on such a charge.
The Lord Chief Justice—There can be no objection to
the racept ion of any of these points, but that is one which
has aready been argued and determined, and an unanimous
opinim given upon it !
MI. James—lf your lordship says it is not right to re-
serve that point, of course we are in your hands.
Tie Lord Chief Justice—You have varied the mode of
raisiig the different points, but they aro in substance the
samt, and as they aro points of novelty, and also of im-
pen-twee, the court will adopt the course open to it, viz.,
we vill take the opinion of the fifteen judges before pro-
nourcing sentence, should there be a Yordiet upon the fact
unfavourable to the prisoner.
Tie court then adjourned until this morning.

K aelogLaTosof,e Nf r e TwII,Ev,
York,
nwshEiYi
e. TyTi
nhge
ascrewh sr t
iena rat
he
er
riv!r, was run foul of by the Wyoming, from Philadel-
phii, and lost bowsprit, &c. The Wyoming had her
starboard quarter stove in.