The Sun.
London, England, 1868-12-22 00:00:00

THE CASE OF MADAME RACHEL:

Yesterday, in the Judges' Chambers, the case of
"The Queen v. Sarah Rachel Levison" came before
Mr. Baron Martin, on an application to admit the
defendant to bail, until the writ of error brought
by her in reference to her conviction was heard be-
fore the Court of Queen's Bench.
Mr. Gibbons, barrister, appeared in support of
the application ; and Mr. Lewis, sen. (Lewis and
Lewis), opposed, and raised several objections.
The bail had been fixed at £l,OOO, and Mr. Slack,
bootmaker, New Church-street, Edgware-road (rho
had offered himself as bail for the defendant before
the Recorder), attended to justify ; as also Mr.
Solomon, a picture dealer, in Old Bond-street.
Mr. Lewis submitted that the recognisance of
bail could only be taken by a Judge of the Court
of Queen's Bench. The Chief Justice had fixed the
amount, and his lordship now sitting at chambers
had no authority to take bail.
Mr. Gibbons said any judge could hear an appli-
cation for bail.

Mr. W. H. Roberts, the attorney for the de-
fendant, produced the Act of Parliament under
which the application was made—the Bth and 9th
Viet., cap. 68, " To stay execution of judgment for
misdemeanour upon giving bail in error."
Mr. Baron Martin perused the statute. The
words that a recognisance was to be acknowledged
before one of the judges of the Court of Queen's
Bench, "or one of the commissioners appointed to
take special bail in actions depending in the superior
courts."

Mr. Gibbons said one judge had exercised the
powers of the three courts under the Common Law
Procedure Act.

His Lordship apprehended that he had the
power. Certainly a commissioner appointed had,
and Mr. Thornton, one of the clerks of the Queen's
Bench, was a commissioner appointed.
Mr. Thornton was sent for, and he thought that
as his lordship was in attendance his functions were
in abeyance.
Mr. Baron Martin said Mr. Thornton could
take bail. The bail could justify before him,
and Mr. Thornton could take the recognizances
required.

The proposed sureties weresworn to be examined,
and an affidavit made by them was handed to the
learned judge.
Mr. Lewis objected to the affidavit. He had
only been served with a copy of the notice.
His Lordship said Mr. Lewis could question the
proposed sureties.

Mr. Lewis said Mr. Slack had been rejected by
the Recorder when he proposed to give bail in the
case.

Mr. Roberts—He was accepted.
Mr. Lewis—l say he was rejected.

An affidavit was put in by Mr. Roberts stating
that Mr. Slack was accepted, and the other one de-
clined.

The proposed bail was questioned, and also the
co-surety, Mr. Solomon, as to their property.

Mr. Baron Martin expressed himself satisfied with
the proposed bail in £l,OOO, and Mr. Thornton
would take-the recognisance.

Mr. Lewis, who had opposed in the early part of
the application, on the ground that if the defendant
was let out on bail she would not again appear, said
there was another point he wished to mention, and
that was to the terms of the recognisance, that they
should require the defendant to attend.

Mr. Roberts said the recognisance had been
drawn up in the manner suggested by the Crown
Office.

Mr. Baron Martin said Mr. Thornton would see
that the words of the recognisance were in com-
pliance with. the Act of Parliament. The defen-
dant would be liberated on bail. His lordship re-
marked to Mr. Lewis that if she did not appear she
would in effect transport herself for life.

Mr. Lewis remarked that she could go to Paris.
Mr. Roberts denied that there was any intention,
as suggested by the other side, not to appear.
Both the sureties denied that they were indemni-
fied for being bail, and both said they had known
the defendant fur some years. The next proceed-
ing will be for the defendant to sign a recognisance,
and she will then be liberated.

The screw frigate Arethusa, 35 guns, 3,141 tons,
500-horse power (iron-armoured, wooden), Capt.
R. Coote, arrived at Spithead yesterday morning
from the Mediterranean on her return from a term
of foreign service, and exchanged salutes with the
flagship of the Port-Admiral and Naval Comman-
der-in-Chief. In the afternoon she sailed again
from Spithead for Sheerness, where she is ordered
to be dismantled and paid out of commission. She
left Malta on the 26th of November, and Gibraltar
on the 11th inst., experiencing heavy gales in cross-
ing the Bay of Biscay, carrying away her main
yard. She brought home as passengers Mr. Port-
man, Mr. Boulton, Miss Julies, three naval officers,
and some military and naval invalids.

A detachment of the 109th (Bombay Infantry)
Regiment, numbering 100 non-commissioned offi-
cers and men, will leave Chatham garrison on Sa-
turday next, and embark for India, to join the
headquarters and service companies. Lieut. J. 11.
Campbell and Lieut. A. Noyes will ,embark in
charge of the troops.

NOTICE.

The Third Edition of " The Sun " of last Evening was
published in time for delivery in town at 7.15 p.m.