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

TRIAL OF BERNARD.

[The following is a more extended report of the latter
part of the trial that appeared in our impression of yes-
terday
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.

The Lord Chief Justice —lt i equires no apology. You
will go on then in the morning?
Mr. James—Yes. Would your lordship wish us to state
the points which we shall bring before the judges?
Tho 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.
Thero 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 consideration of the fifteen judges is, that the pri-
soner as not one of her Majesty's subjects, within the moan-
ing of the 9th Geo. IV., chap. 31, sec. 7, 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-
sory before the fact to any murder within the meaning of
the aforesaid statute.

The third is, that there is no 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 subjects, nor upon any of her Majesty's sub-
jects.
The fifth is, that ne evidence of any acts done by the pri-
soner on land out of the United Kingdom, and without the
Queen's dominions, nor of any acts done by any person
in pursuance of any authority from him on land out of the
United Kingdom and without the Queen's dominions is
properly receivable in evidence in this trial.
The sixth point is the principal offence of murder charged
in the first three counts of the indictment was not alleged
to have been committed by any of her Majesty's subjects.
Then I propose to ask your lordship to reserve the question
about the letter, which will bo the seventh point, that the
letter of the Ist January, 1857, signed I'. Allsop, was not
properly received in evidence spinet the prisoner.
The eighth point is, that by the terms of the special
commission the court is only authorised to inquire aud
the
try
accessor before
the prisoner on the charge of being y
fact of the murder by Orsini and others of persons whose
names are not known, and they have no jurisdiction to try
the prisoner on a charge of wilful murder as principal.
Ttio ninth point is that the fourth and fifth counts,
which charge the prisoner as principal, allege that the
alleged murder was committed in Paris, outof the Queen's
dominions, and the prisoner being an alien, cannot be tried
as a principal on Such a charge.
The Lord Chief Justice - Thera can be no objection to
the reception of any of these points, but that is one which
has already been argued and determined, and an unanimous
opinion given upon it !
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Mr. James—lf your lordship says it is not right to re-
serve that point, of comae we are in your hands.
Turso s,
ybut tiicnet—
raisinghe jhrel differentChiefJustice—You
same,im-
portance, oitati andce ,h
ase they
court arew ipoints
adopt o
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we will take the opinion of the fifteen judgesp before pro.:
nouncing sentence, should there be a verdict upon the fact
uabrtleththenthaedjPoluirnneTuntil this morning.
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cuor

COLLISION IN THE MERSEY.—The screw steamer
Kangaroo, for New York, while lying at anchor in the
river, was run foul of by the Wyoming, from Philadel-
phia, and lost bowsprit, &e. The Wyoming
had her
starb:;ald quarter stove in,-