The Sun.
London, England, 1858-04-23 00:00:00

LONDON, rFRIDAY- EVENING, APRIL 23, 1858.

EXETER-HALL.-A GRAND ORATORIO
THIS EVENING, in which. Mr. SIMS BEEVES a:ins--
Tickets can be had at Fentum's Music Warehouse, 78, Strand,

BANK OF DEPOSIT,
Established A.D. 1844.
3, PALL-MALL EAST, LONDON.
Parties desirous of INVESTING MONEY are requested to examine
the Plan of the BANK OF DEPOSIT, by which a high rate of interest
may be obtained with ample secuLity.
The Interest is payable in January and July.
PETER MORRISON, Managing Director.
Forms for opening accounts sent free, on awlication.

LONDON and NORTH-WESTERN R A IL-
WAY.—RETURN TICKETS, First Class 211., and Closed
Carriages 12s. 6d., available: for, seven days ; and First Class 375.,
and Closed Carriages 175., available for 28 days, are issued until
further notice, by all trains, according to class, b2tween London
(Euston Station) and Liverpool, Birkenhead, Chester, Warrington,
Wigan, Preston, Manchester, Stockcort, Staleybridge, Greenfield,
Oldham, Huddersfield, Dewsbury, Batley, and Bbstal.
Care should be taken at London-road Station, Manchester, to ask
for tickets by the London and North-Western route.—ByOrder.
London, Euston Station, April 9, 1858.

UNIVERSITY OF LONDON.--
NOTICE IS HEREBY GIVEN, That a MEETIgG OF
CO -\ VOCATION wil be held at Burlington House on lUMDAY,
May 4th, at Two p.m. ; at which, by appointment of the Sen:de,
the Chancellor will preside.
At this Meeting a Chairman of Convocation will be appointed.
Graduates qualified under the Charter as Members of Convocation
(namely all Doctors of Law, Doctors of Medicine, and Masters of
Arts, all Bachelors of Law and Bachelors of Medicine of two years'
standing, and all Bachelors of. Arts of three years' standing), and
purposing to attend this Meeting, are requested to signify their la-
teral, nto the Registrar, either by letter or personally, during the
previous weak. By orJer of the 'enate,
WILLIAM B. CARPENTER, M.D., Registrar.
Butlington•House, April 22d, 1858.

;UR. HOWARD, Surgeon-Dentist, 52, Fleet-
street, has ntroduced an entirely new description of ARTI-
Fre lAL T E NTH Axed without springs, wires, or ligatures. They so
;erfectly resemble the natural teeth as not to be distinguished from
he original by the closest observer; they will never change colour or
lecay, and will be found very superior to any teeth ever before used.
f his method does not require the extraction of roots, or any painful
operation, and will support and preserve teeth that are loose, and be
guaranteed to restore articulation and mastication; and that Mr.
Howard's improvement may be within the reach of the most econo-
'flcal, he has fixed the charges at the lowest scale possible. De-
cayed teeth stopped and r aidered sound and useful in mastica-
ion.--52, Fleet-street. At home from ten till five.

DESTITUTION and - SICKNESS. The
AFFLUE ST and B ENEVOLENT are earnestly SOLICITED
to AID the effot ts now making by the Managing Committee of the
ROYAL FREE HOSPITAL, Gray's-inn-road, a Charity established
for the relief of the foreigner, the stranger, the friendless, and the
outcast, when in sickness or disease, who are here received, so far
as the means of the Institution will permit. Neither patronage n, r
letters of recommendation being necessary, numerous urgent appeals
are daily made at the gates of the Hospital by the most miserable
and wretched of the human race.—Contributions received by the
Treasurer, John Masterman, Esq., Nicholas-lane. Also by Messrs.
Coutts and Co. ; Drummond and Co.;t
ries and Co. ; Ransom
ca Payne, and Co.; Glynn
Co. ; Denison and Co. ;
andaid
Co.;C o .
Jones
i, .yd Grote,and acnod. ;
la
Co.UBO a ; Smith,y r.
Williams, Deacon, and Co.; Overend, Gurney, and Co.; NI bet and
Co., Berners-street ; Masterman
d and Co.; and at the Hospital.

S. S. SMITH, Secretary.

IMPERIAL PARLIAMENT,

HOUSE OF LORDS. -( YESTERDAY.)

The LORD CHANCELLOR took his seat on the wool•
sack at five o'clock.
PRIVATE BUSINESS.

On the motion of Lord REDESDALE, the Chelten-
ham Water all and Gosport Water Bill vas read a
second time.

THE CAGLIARI.

The Earl of MALMESBURY laid on the table ad-
ditional papers respecting the capture of the Cagliari
steamer.

OATHS BILL.

Lord LYNDHURST presented a petition from the
City of London in favour of the Oaths Bill.

The Bishop of OXFORD presented a great number
of petitions againßt the Oaths' bill.

Earl of DERBY presented a similar potition.
THE OATHS BILL.

Lord LYNDHURST, in moving the second reading
of the Oaths Bill, said be should make but a very short
explanation in moving the second reading of this hill.
It had been objected on a former occasion by a noble
earl near him (Earl Derby) to the form of the bill. He
objected to the oath of abjuration and that excluding the
the Jews from Parliament being so mixed up together
as to preclude the' possibility of taking a vote on each
separate qnestioe. That otjeciun had been remedied
by the pre-ent measure. With respect to the oath
of abjuration, the alterations were not very exten-
sive ; they amounted to this, that all tbose parts relating
to the ascending of the Pretender had been struck out,
and the remainder which was added to the o iths of al.
legiance and supremacy, formed but one oath. Toe first
part of this bill, no doubt, wou'd be assented to unani-
mously by this house. In the fifth clause of this bill, the
question of the admission of the Jews to Parliament was
resumed, and the bill provided that on a member of the
Jewish religion pre=enting himself at the table to
take the oath, the words, "on the true faith
of a Christian," should be omitted. Now it
was competent for any of their lordships to move
the omission of this clause in committee, but in order to
arrive at that stage it was absolutely necessary that the
bill should be lead a second time. He had considered
this question over and over again, and he felt certain
many of their lordships would agree with him that it
would be idle to have two discussions on the merits of
the bill, and he proposed theref le that the bill should
be read a second time, or postpone the discussion on
the Jewish disablities until they went into committee on
this bill. He, therefore, simply moved the second read.
ing of the bill.
Earl of DERBY said he hoped the suggestion of the
noble and learned lord would throw such weight
with their lordships as to lead them to its adoption.
The existing oath, it could not be denied, required altera.
tion, as a great portion had now become obsolete. He did
not tee any objection to the course proposed, and be
was prepared •to give his support to the bill as
liar as the first portion of it was concerned, which
did away with the absolute part Gf the oath, but
with regard to the latter part of the bill which rendered
the question of the admission of the Jews into Parlia-
ment, he was still of the same opinion he had expressed
on former occasions, and could not take a different
course than he had formerly taken. In committee
he should move the omission of the clause
by which Jews would be enabled to take their seats in
Parliament.
Earl GREY regretted the course the noble earl had
decided on adopting, especially as the bill had been so
strongly adopted by the other house. He felt
it would most likely lead to a collision with the
other house. The present, he contended, was a fitting
oppertunity to concede the measure, for it would be
idle to suppose that the house coul I much
longer withstand • the gro ing feeling with
respect to the bill. He advised the noble
lord to fellow the course pursued by the late Duke of
Wellington in• 1823 on the Test Act, who, although he
dteapproved of the measure, concAled to the general
wish, and agreed to the L2l.
After a few observations from the Earl of WI.CI;--
LC) W, the bill was read a second time.
Their lordships then adjourned.

HOUSE OF COMMONS.—(YESTERDAY.)
The SPEAKER took the chair at four o'clock.
PRIVATE BUSINESS.
The f Towing bills were ordered for third reading :
—Myth Railway, Peniston, Thurletone, and Oxipring
Gas ' • the Chelsea Hospital and Waterworks Exchange
of Lands Bill was read a second time.
WITHDRAWAL OF THE CHARGE OF CON-

SPIRACY AGAINST DR. BERNARD.
Mr. ROEBUCK asked the learned Attorney-General
whether he could inform the house if it was the inten-
tion of her Majesty's Government to proceed with the
indictment against Dr. Bernard for conspiracy 1
Toe ATTORNEY-GENERAL explained the course
pursued by 'the late Government with reference to the
chirge before the magistrate.
Sir G. GREY—For consp'r
The ATTORNEY-GENERAL hoped his right hon.
friend would pardon him tor a moment. Ile was able to
say that the prosecution was commenced under the late
Government. The late Government adopter' that course
which, he need not say, it was their duty to adopt, and
any hesitation or delay in adopting which would have
exposed them to just censure. Certain c:rcumstances
had come to the knowledge of the advisers cf the Crown
in the time of the late Government Which rendered it
expedient, in their opinion, to submit the facts to a
course of inquiry, ant to submit such facts as were then
capable of proof ih the ordinary course cf law to a tpa-
giltrate of the metropolis. Counsel on the part of the
Crown, also in the time of thelate Government attended
before a magistrate, and, in the course of the proceed-
inv, as evidence accumulated upon evidence, the case
e.ssumed a form which led the learned counsel who at-
tended on behalf of the Crown to think—and the magis-
trate before whom, the case had been put in the course of
the inquiry was likewise of opinion—that it was the
duty of the magistrate to commit the prisoner upon a
charge of capital felony. The change of ministry then
took place, and the case came under the consideration of
the present Government. The case for the prosecution
had been curl d on in strict conformity with the law
and omstitufion of this country, and had now been
brought to a conclusion. The individual in qoes!ion,
Dr. Barnard, was put upon his trial under circumstances
of s rong suspicion that be had been a party to a great
crime, attended with most calamitous in a neighbouring
country. He had undergone his trial, and had been ac-
quitted by a jury of Englishmen. It would not become
him (the Attorney-General) to comment upon that ver-
dict of acquittal ; but, since that verdict had been pro-
nounced, it had become the duty of the law officers
f the Crown—at least he had felt it his duty
as that one of the law officers of the crown who had con-
d acted the prosecution against Dr. Bernard—to consider
with great attention the remaining charge, the charge to
which the hon. gentleman (Sir G. Grey) had allude 1, with
ref-reuses to which the proceedings at first commenced,
which charge was still nndetermi Kid, and upon which the
grand jury having found a true bill, it would be quite
in the ordinary course that Dr. Bernard should ultimately
be put upon his trial. In considering the charge upon
which Dr. Bernard had already been tried-and acquitted

and the charge upon which he might yet be tried, under
of indictment found by the grand jury for a
oonepiracy to assassinate the Empror of the French, it
bad become his duty to consider with minute attention
the whole body of the evidence adduced. upon the late.
tria', and to consider 'also what evidence it would be
to adduce, and what would be the subitantial nature to
the entire case. if Dr. Bernard should be put upon his
trial under the indictment fur conspiracy. Now,
I almost at the outset- of the inquiry which he had felt it
his duty to make, and from his first view of the case
which he had felt it his duty thus-maturely to consider,
a maxim of our Criminal law, ever held-sacred by all
who had taken part in its administration, in this coun-
try, had fixed itself noon attentim—"Nemo o.ebet
his vexori pro eadenrcausa ;" and, having very atten-
tively and minutely considered the charge upon which
Dr. Bernard had already been tried and acquittal, and
the charge upon which in the ordinary course of kw he
might yet be tried—namely, the charge of a conspiracy
to-assassinate the Emperor of the Freneh=it appeared
to him' that those two charges, though differing in
name, the two indictmente, - that upon which he had
already been tried, and that upon which he might yet be
tried, and the whole of the evidence in support of the
one charge and the other, it appeared to him, he said,
that the two -charges laid in the indictment, though they
might be different in name, were substantially and iden-
tically the same. Under these circumstances, after a
very full consideration of the whole of the evidence
adduced on the lite trial, and of the whole of the evi-
dence which it was in the power of the crown to
bring for Nerd in any future trial, inasmuch as
the evidence would be the same; aiid the question
to be left to t' a jury by the judge would be the same, it
appeared t) him that to prodeed further eith this ques-
tiqn, and again to put Dr. Bernard on his trial, would
be to violate the, alexia to which he had adverted— a
maxim which he, in,cmemeen with all who were entrusted
with any part, however humble, in the adrnini,tration
Of the criminal law of this country, desire.] to hold
sacred. He had therefore, in answer to his hon. and
learned friend's question, to inform him and the house
that the prosecution against Dr. Bzrnard for conspiracy
would be no further proceeded with, and that conse-
quently he might consider himself entirely discharged.
(Hear, hear.)

Sir R. BENIELL said that, although it s true
that proceedings with a view to prosecution for conspiracy
were taken by the late Governmer.t, proceedings with a
view to a prosecution upon a charge of murder, or of
being accessory to murder, were not only not contem-
plated by the late Government, but the late Government
had decided that there was no reasonable ground for sup-
posing that such a charge could be maintained successfully.
ho hutub'y begged to ask his hon. and learned friend
whether, it having been stated in tiro public p,pers that
after the accession of his hon. and 1-arned friend to
office Mr. Bodkin, the junior counsel for the prosecu-
tion, was instructed to state that he no longer intends I
te proceed upon a charge of conspiracy, but upon a
L, charge cf murder—he begged to ark whether that pro-
! ceeding was taken under the opinion, and by the direc-
tion of the then and pr- sent Attorney-General? (Hear.)
The ATTORNEY-GENERAL said, in answering
hie hon. and learned friend he must, in the first pl, ce, be
permitted to express a doubt as to the accur acyi,of his
statement, that his learned friend Mr. Bodkin, who
originally attended before the magistrate under the in-
structiens cf his to e and learned friend who wee then her
Maje.ty's Attorney-General, ever intimated that it was
not his intention, or that it was not the intention of the
crown, to proceed with the prosecution for conspiracy.
He should be exceedingly surprised to hear that his hon.
and learned friend Mr. Bodkin, of whose discretion and
accuracy in all respects he had had long and satisfactory
exptrience, should have taken upon himself to declare
the intention of her Majesty's Government upon a point
on which it was utterly impossible that be or any other
person could have obtained any knowledge of that in-
tention, inannuch as such a question had never been
raised for the consideration of any one of the law advisers
of the Crown. It was quite tt ne, as he had already
stated in answer to his hon. en I learned friend the mem-
ber for Sheffield, that when this case originally came
before the magistrate at Bow-street, it was treated and
dealt with in tee evidence entirely as a case of conspi-
racy. But at a later period, and when the evidence
which was ultimately brou,lat forward appeared in re-
lation to the part which had been taken by Dr. Bernard
in certain transactions which possibly, and he
should say mast probably, were unknown to her
Majesty's advisers at the time when the fiat steps were
adopted against Dr. Bernard—when these circumstances
became known, it appeared perfectly manifest to his
learned friend who appeared on behalf of the crown--
and he was sure he might say it apptared manifest to the
magistrate
who committed the prisonet for trial—that
t'eose to whom the province was assigned of carrying on
the prosecution against Dr. Bernard would have ill dis-
charged their duty, erol the magistrate would have ill
discharged his duty, if Dr. Bernard were not committed
on the capital charge. (Hear, hear) He had hoax&
with unfeigned astonishment the comment made by his
hon. add leaned friend on the nature of that charge.
Not only did no doubt occur to the learned gentleman
who attended before the magistaite, instructed by his
hon. and learned friend and himself on the part of the
crown—not only did no doubt occer ti the magistrate
who coanni•tsd the prisoner on that capital charge, but
he must remind his boo. ard learned friend and the
house that on the trial cf Simon Bernard before the Lord
Chief Justice of England, the Lord Chief Baron of the
Exehewr, and two other learned and eminent judges
of the land, the. case being defended with great zeal,
ability, learning, and eloquence by his learned friend
Mr. James, and others whose assistance he had, so little
was it thought that there was no substantial ground
ftr the capital charge on which the prisoner was in-
dicted and was then upon his trial, that his learned friend
Mr. James, instead of immediately claiming an acquittal
as a matter of right, thought it wise and exeedient sim-
ply, and in a very few words, to state to the learned
judges before whom the case was tried the nature of the
chjsctions which might be made thereafter on the point
of law to the application f the statute t) the case of
the prisoner. The learned judges whose names be had
mentioned, with tut one moment's doubt or hesitation,
considered these questions of ....tifficieet gravity, difficulty,
and importance, to be at once reserved for the opinion
of the fifteen judges ; an I accordingly, without farther
discussion, without a suggestion of any other course on
the part of the learned and able counselfor the prisoner,
those you is of law were reserved, and for six entire days
the trial proceeded on the capital charge. lie had only
to say that whatever might be the idea entertained by
his hon. and learned friend and all that his his hon.
and learned friend might say or suggest on the
subj tct of the criminal law, or any other branch of the
law of this country was entit:etl to weight, attention,
and respect—whatevrr might be the idea which his
learned friend had famed on this question, he ventured to
say that no law officer of the crown, no adviser of the crown
at a 1 connected or intcaf-ring with the administration of
the law of this country, would have done his duty if,
under the circnmateineas which existed, he had hesitated
for one moment to put that individual upon his trial on
the capital charge of felony. (Hear, hear.)
S:r R BETHELL —We desire to have a plain answer
to a plain questi tn. That question is simply this—Was
the proceeding of Mr. Bait.in, in altering the charge
from one of conspiracy to one of being accessory to
murder, a proceeding taken under the direction of her
majssty's present Attorney ? (Hear, hear.)
The ATTORNEY-GENERAL—Son I have no other
explanation to offer than the answer which I have
al: easy given. (Illniqerial cheers.) But my respect for
this house calls upon nee to add that for all that was
done—whether before the police magistrate, or et the
0;t1 Bailey, or elsewhere—from the hour when the pre-
sent government came into office and since I had the
honour to lac one her Majesty's Attorney-General, I
stand here personally responsible--(hear, hear)—and I
shall be ready at all times, and upon every fitting oc-
casion, to vindicate the line of conduct I have pursued.
(Cheers.)

•
COURT OF DIVORCE.
Mr. AYRTON a,ked the Attorney-General whether
it was the intention of her Majesty's Government to
introduce any bill to facilitate the taking of affidavits
in the Court of Divorce and Matrimonial Causes ?
Tee ATTORNEY-GENERIL said he wool I make
enquiries of the judge of the court, and if the mischief
ed of exiited, early steps should be takea to
co,nplain
remedy it.
PROBATES, &c.

Mr. COWAN asked the Lord-Advoctte ;f it were
his intention' with the essential co-operation of the other
law officers of the Crown, to introduce one or more bills
whereby, by one operation, probatee, or letters of admi-
nistration in E iglAnd or Ireland, and a confirmation of
(xecu'ors la Scotland, whether of testae or intestate
succession, might be rendered valid and effectual through-
out Great Britain and Ireland, so that the benefits parti-
ally obtained by the act of last session might be placed
within reach of all the subjects of her Majesty ?
The LORD ADVOCATE said there were some diffi-
culties surrounding the question. Re had the subject;
so fir as related to Soo laud, under coniideration, with
a viaw to the introduction of a bill.
DR. BERNARD.

Mr. Serjeant ;,altered the following
question on the paper—" Whether the Secretary for the
Home Department, in the !ate prosecution of the Queen
v. Simon Bernard, charging him as an accessory before
the fact, and aka 39 a principal, to the wurier of Nicho-
las Ktttie was instituted in purmuance of al vie) given
by the law officers of the Crown, to the , tf,ct C.a., as-
suming the allege) facts to be true, the offence charged
was panishalle as a felony under the exiting law .f
the realm; and be asked whether the Secretary for the
Rome Department would lay any opinion which might
have been
givenby the law officers of the Crown rela-
tive to the said charge ou the table of the Rouse?"—
but we were unable to get it in its corrected form.
Mr. WALPOLE said the effect of the advice given
by the law cfficer,, and the opinions given by thew was
not a matter f,,r him to cornrsunicate to the house, but
rather a matter for which he and the law officers were
responsible. (Hear, hear.) As the question bad been
altered in its terms, he saw no objection to answer
it. The proceedings in the case of Dr. Bernard were
taken under the assistance and advice of the Attorney-
General, and he (&lr. Walpole) should have been ashamed
of himself if, in the matter of a prosecution, he ahoull
have given directions of any hind Without such assistance

and, advice. There WAS nothing to keep hack, and in
vindication of the Attorney-General, proceedings were
proper'y taken by the late Government against All-
sop, not for a misdemeanour' but for a felony, that
must have been prosecuted in the same manner as in Dr.
D,rnard's case. Doubts sere from the first expresaed as
to the efficacy cf the law ; and as the trial failed on facts,
the question of law still remained unset'led. The diffe-
rence between Allsop and Bernard's case, was that the
former was a British-born subject. As the trial failed on
the f lets, it would have been" a' most improper thing to
have again proceeded on the same evidence with the
charge of misdemeanour.
CHELSEA NEW BRIDGE.

Sir J. SHgLLEY asked the First Commissioner of
Works what were :the intentions of the Government
with reference to tho foot toll on Chelsea New Bridge ?
Lo-d J. MANNERS said be had given instructions for
the preparation of a bill, which ha would not say would
relieve foot paesengers. He, however, thought. it would
be found a far arrangement, but he reserved his expla-
nations till he introduced the bill.
DECIMAL COINAGE.

Mr. BLAND asked the Chancellor of the Exchequer
if ha could state what progress had been made by the
Decimal Coinage Commissioners since their prelim!nary
report, presented last May, and when their final report
might be expected ?
The CHANCELLOR of the EXCHEQUER said he
was u2able to hold out any prospect when • the final re•
port alluded to wou!d be made.
.HUDSON'S BAY TERRITORY.
Viscount BURY asked the Secretary for the Colonies
whether any answer to Mr. Laboucbere's despatch of
Jao. 22, 1858, on the eubjact of the Hudson's Bay ter-
ritory, bad been received by her Majesty's Government;
and whether it was the intentioa of her Majesty's Go-
vernment to introduce a measure for the settlement of
the Hudson's Bay question during the present session of
Parliament ?

Lord STANLEY said no answer bad been as yet re-
ceived to the despatch r f-rred to., „Until O'er Majesty's
Government had received an answer troctiVie Canadian
Government and the Huison's Bay Company he thought
it advi.able to withhold the intention of her Mkj aty's
Governmer.t on the subject. (Hear, bear ). •