The Sun.
London, England, 1858-04-19 00:00:00

THE SUN, LONDON, MONDAY EVENING, APRIL 19, 1858.

THE SUMMING UP.

Lord Campbell then commenced summing up. He
spoke very low and was understood to say they now
approached the conclusion of this solemn inquiry in
which they had been so long engaged. His brother
judges and himself had viewed with great satis-
faction the devoted attention the jury had paid
to all they had heard, and their lordship were
peculiarly struck with the anxiety the jury had displayed
test night not to hurryethe case when they unanimously
asked that the summing up should be delayed a day,
though they bad suffered so much deprivation in having
been secluded so long from the society i f their families
and friends, and must have suffered other inconveniences.
He was afraid, however, they would have to suffer some
further inconvenience, for where life was at stake a jury
could not be too careful in considering the facts by which
it was proposed to convict. They were aware that during
the trial many important questions of law had been re-
served, of which the prisoner would have full advantage
if their verdict was against him on the question of
fact submitted for their decision. They were the judges
of the fact, and the important fact for their considera-
tion was, whether the accused was an accomplice in the
design to assassinate the Emperor of the French by the
explosion of gre❑ade4. Technically he was charged as
being a❑ accessory to the murder of a person named
Batti, and although the death of Batt' might not have
been in his contemplation, yet, if his death was the natu-
ral and probable consequence from the attempt to ass-
assinate the Emperor of the French (and if these facts
were established against him) ho was an accessory btif,re
the fact. All the law could lay down for their consi-
deration for the purposes of this trial, was that the pri-
soner while residing in the United Kingdom was a
subject of her Maj ,sty. He hail an asylum here,
he was protected by the English laws ; he owed
obedience to them, and he was bound by them in the
same manner as any of her Majesty's native born sub-
jects, and they were to consider whether it was proved
by the evidence that the prisoner bad done anything
within the United Kingdom which made him an accom-
plice in this charge. As he had observed, although the
prisoner did not contemplate the death of Batti, and
probably was not aware of his existence, yet, if they
were of opinion that his death was caused by the bursting
of she grenades thrown in the attempt to assassinate the
Emperor of the French, the prisoner was just as much an
accomplice in Batti's death as if Batti was the person
it was intended to murder. Their verdict he need not
again remind them must be determined entirely by the
evidence, according to the solemn oath they hail taken.
Topics had been submitted to them, which he must say
appeared to him to be irrelevant, but the Court declined
to check their being urged, lest it might be supposed
the prisoner's counsel had been restrained from ;14-
vancing such topics as he thought serviceable to his
client. That was a court of justice in which they knew
nothieg of politica. It was their duty to confine them-
selves to the law and the facts of the cave before
them, irrespective of the shattering of Lord Pal-
merston's Government, the discussions in Par-
liament, and the statements about foreign dic-
tation, and he therefore implored them to act in an
independent manner, and find their verdict from the evi-
dence before them. He felt it his duty to lay before
them the whole of the evidence that had been adduced,
for the purpose of establishing the prisoner's complicity
in the attempt of the 14th Jan., but he did not think it
necessary to read over that part of the evidence that
had been given to prove that attempt. It was not now
disputed—indeed it was now a matter of history—that
an attempt was made on the night of the 14th Jan to
assassinate the Emperor of the French with grenades by
Orsini, Pietri, Rudio, and Gomez. The learned judge
then commenced reading the evidence, beginning
with that of Mr. Taylor, of Birmingham, who manu-
factured the grenades used on that occasion, and
by which Batti lost his life. With reference to Alleop's
letter, dated the let of January, 1857, found at prisoner's
lodging, his lordship said it was admitted in evidence not
to prove that the prisoner participated in the sentiment;
it contained, but simply to prove that he bad a know-
ledge of what was then ping on between Allsop and Orsini.
The evidence of King, clerk at the South-Eastern Com-
pany's offices, Regent's-circus, was very important, bet!'
as regarded the prosecution and the prisoner. If Ber-
nard's statement was seriously and sincerely made, it
showed that some general insurrection was intended,
a❑d the remark, " I shall go there when he returns
bows," implied that the rising was to be of a
general character, and not an attempt upon
the life of the Emperor of the French, and
if they believed that the prisoner at the bar was not
responsible for the act of the 14th, they would acquit
him. The learned judge dwelt for some time upon
the evidence given relative to the passports and Dr.
Bernard's connection with them, and remarked that
these frauds went far to prove the inutility of the pass-
port system. Mrs. Rudio had given her evidence with
great caution, and without any disposition to state
anything but what she believed to be true. In conclusion
his lordship told the jury they must consider the charge
against the prisoner as if he were a native born subject,
for the purpose of this prosecution, and that they were
not to be deterred from finding a verdit of guilty against
the prisoner, if they considered the evidence warranted
it, from any fear that such a verdict would interfere
with the sacred right of asylum that had been so long
the glory of this country to afford to political exiles.
Tue prisoner, before the jury retired, in an excited
manner, declared that the balls taken by Georgi to Brus-
sels were not the same that were forwarded to Paris. He
had called no evidence from a desire not to injure other per-
sons. He had never hired assassins, and Rudio went to
Paris at his (Rudio'.) own request. He was innocent of the
murders of the 14th January. He had never plotted
assassination, but be had conspired to destroy despotism
and tyranny, considering it was the sacred duty of him-
self and all political exiles to do so. He exclaimed in a
very excited manner, "Never, never, never will I be a
murderer."

Toe jury retired to consider their verdict at ten
minutes to 3 o'clock, and returned exactly at 4 o'clock,
after an absence of one hour and ten minutes.

THE VERDICT.-EXTRAORDINARY SCENE
IN COURT.

The Jury having taken their places, a breathless
silence ensued.

The Clerk said—Gentlemen, are you all agreed ?
Is the prisoner, Simon Bernard, guilty or not guilty ?
The foreman, in an emphatic tone of voice, replied,