The Sun.
London, England, 1861-05-04 00:00:00

TRIAL BY JUJU' IN ITALY.

NAPLES, APRIL 27..
The first case of trial by jury came off on Thurs-
day last in the Grard Criminal Court of Naples,
and constantly as that court has been the scene of
illegalities and ferocities, a description of the inci-
dents which marked the case that was decided
on Thursday last will be of great public inte-
rest. By decree of Garibaldi trial by jury was
first ordered to be introduced ; but it was not put
in execution. This decree was confirmed by an-
.

_
other signed by Victor Emmanuel, and now it has
been bronght into aetion, at least for cases of
libel. From the lists of those who are eligible, 50

persons arc chosen every month to serve, and from
these again 12, or rather 14 (two being supple-
mentary for exceptional circumstances) are chosen
by lot. A majority of seven are required to form
a verdict.

There were not many people in court, but al,
were of the most respectable class. Gradually
the galleries filled, and a pretty large crowd
assembled at last round the benches of the judges.
The jury, having been chosen and called over,
took their seats on each side of the President,
and the proceedings then began. The President
was Signor Tofani, Minister of Police in 1848, and
one of the same ministry of which Poerio formed a
part. Signor La Francesca, the Attorney-General,
who was one of the advocates for the defence in
the great Cagliara case, appeared on the occasion.
The President having called the accused and his
counsel into court, then addressed the jury on the
importance of the new institution which he said the
English called the palladium of their liberties. In
rather a long speech he described the difference
which existed between the duties of the judge of
law and the judge of fact, combated the arguments
which were urged against the institution, alluding
to the example of the English amongst whom it
flourished, and by whom all the duties of the high
office were performed with so much calmness and
dignity, and then expressed his opinion as being un-
favourable to our practice, which demanded the
unanimous agreement of the jurors to constitute a
verdict, adding that one man might possibly decide
a case. " Grand and beautiful," he said, "is the
scene which I am permitted this day to witness,
and I can almost say that I have lived long enough
to witness this triumph of freedom. Hitherto we
have administered justice whilst surrounded by the
sbirri of the police, and have spoken and acted
under the menace of imprisonment and ruin. We
have trembled under the despotism of perjured
kings, but now let us be thankful for it, we speak
and act our honest convictions under the govern-
ment of a loyal upright Prince. Italian citizens,
let me urge upon r..su the wise and moderate
exercise of your high privileges, and you, gen-
tlemen of the jury, prove yourselves worthy of
the high account in which you are held, and
adminster justice with the strictest impartiality."
Whilst speaking the President was several times
so overcome by his feelings that he could scarcely
proceed. The sensation in the court was great
and alternate tears and rounds of applause, in
which the jury joined with the audience, accom-
panied the conclusion of the President's speech.
The jury were then called upon to take the oath,
the most material part of which was as follows
I swear before God and man to exercise most
scrupulously the administration of justice." The
President, standing, presented the formula to each
of the jurors, who approached in succession, and,
touching it, said, " I swear." The Attorney-
General then, having been called upon by the Pre-
sident, rose and said, " I accuse A. B (the gerant
of the Pietra Infernale) of indecent attacks on our
holy religion, on good morals, and thereby of
offending against the statute." The clerk of the
court read over the indictment and the articles of
the journal which had given rise to the prosecution,
and the Attorney-General opened his case in a most
eloquent speech, and very un-Italian, inasmuch as
it was short. Declaring the sentiments of satisfac-
tion and gratitude by which he was overwhelmed,
he congratulated his fellow-citizens on the triumph
of liberty which they that day enjoyed. He drew
a powerful contrast between the present and the
past government, under which they had all so
cruelly suffered, and exhorted his audience to a
moderate and legal enjoyment of their freedom.
The press, he said, was one of the great bulwarks
of liberty, and should be guarded with the utmost
scrupulousness; but there were limits to its action,
when it violated public decency and insulted the
religion of the State and of the great mass of the
people; then it was for the law to interfere, and the
articles of the Pietra Infernale now indicated had
been guilty of this offence. He did not come there
to argue theological points, or to question the right
of individuals to believe as tiny chose, but to
enforce the law and respect for public opinion. The
law had declared the Roman Catholic religion to be
the religion of the state, and it must be respected.
The rest of his speech was marked by good sense
and moderation, and was very eloquent. It was
received with continued rounds of applause, and
there were some very affecting moments. The
accused was found guilty, and condemned to pay a
fine of 4CO ducats, and to be imprisoned three
months.

A WINDFALL FOR TIIE EMPEROR OF CIIINA
il --
The following extraordinary bequest appears in the wl of
the late Mr. George Wilson, late of Carstairs Lodge, near
Wigton, which was recsntly proved in Carlisle :—" I give
and bequeath unto the person for the time being Emperor
of China, the sum of nlnebien pounds nineteen shillings, as
a mark of my .grittitude for the uniform attention with
which I was treated by the officials of that empire during
my visit there in the year one thousand eight hundred and
fifty-five."—Edinburgh Witness.
The annual meeting of the Assam Company wa:,
held yesterday—Mr. H. M. Kemshead in the chair—when
the report recommending a oivideud of 12 per cent., free
pf iuconie-tax, was adopted.