The Sun.
London, England, 1858-04-17 00:00:00

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 lordships were
peculiarly struck with the anxiety the jury had displayed
last night not to hurry the case when they unanimously
asked that the summing up should be delayed a day,
though they had suffered so much deprivation in having
been secluded so long from the society cf 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 Etnparor of the French by the
explosion of grenade,. Technically he was charged as
being an accessory to the murder of a person named
Batti, and although the death of Battt 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 before
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 Majesty. He 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 had done anything
within the United Kingdom which made him an accom-
plice in this charge. As he had observed, although the
prisoner did not contemplite the death of Batti, and
be aere
probably was not aware of his existence, yet, if they
were of opinion that his death was caused by the bursting
of the grenades thrown in the attempt to assassinate the
Emperor of the French, the prisoner was just as much an
m ce in Batti's
mustdeath as if
determined Bath, was
entirely person
it was intended to murder. Their verdict he need not
againcc remind them
evidence, according to the solemn oath they had taken
accomplice
the
by
Topics bad been submitted to them, which he must say.
appeared to him to be irrelevant, bat the Court declined
to check their being urged, lest it might be supposed
the prisoner's counsel bad been restrained from 11,1-
vancing such topics as be thought serviceable to his
client. That was a court of justice in which they knew
nothing of politics. It was their duty to confine them-
selves to the law and the facts of the oats befere
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 fled 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 14.6 Jan., but he did not think it
necessary to read over that part of the evidence that
bad been given to prove that attempt. It was not now
disputed—indeed it was now a matter of history—that
an attempt was tuatie on the'nigh't of the 14th Jan. to
assassinate the Emperor of the French with grenades by
Orsini, Pierri, Rudio, and Gomez. The learned juige
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 Ist of January, 1357, found at prisoner's
lodging, his lordship said it was admitted in evidence not
to prove that the prisoner participated in the sentiments
it contained, but simply to prole that he had a know-
ledge of what was then geing on between Allsop and Orsini.
The evidence of King, clerk at the South-Eastern Com-
pany's offices, Regent's-circus, wee very important, both
as regarded the prosecution and the prisoner. If Bar-
nard's statement was seriously and sincerely made, it
showed that some general insurrection was intended,
and the remark," I shall go there when he returns
home," 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 Orsini and his accomplices on
the 14th. The learned judge dealt for some time upon
the evidence given relative to the passports and Dr.
Bernard's connection with then, and remarked that
these frauds went far to prove the inutility of the pass-
port system. Mrs. Radio had given her evidence with
great caution, and without any disposition to state
anything but what she believed to be true.
The Jury retired at ten Isioutes before three to
consider their verdict, which will be given in our late
edition.