The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-27

might there pat himself under the orders of Orsini
Bernard procured passport for DE Rudio in the
name Of De Silva, and when De Rudio had gone over
TO Paris he supplied small sums Of money 70 DE
Rudios Wife aud sent her into the country, making
use Of mysterious language as to how she was to
conduct herself II che should read anything in the
newspapers about her husband II further appears
that to facilitate Orinis personation of Alsop at
Paris Bernard in December wrote several letters to
one Outrequin, commission agent at Paris and ad-
vised OutreQuin OF the consignment OF package
containing rcvolvers. which, in fact, had been pur
chased by Pierr in Ems land and to be deliver
ed to Orsni in Paris. The last fact ated in the de-
positions with which l will trouble you is that on
the I'd Of January, 1893, Bernard himself brought
the package containing the rev0lvers to the
ofice of the Southeastern railway, in Regent circus
directed to Monsieur Outrequin, 277 Rue ST. Denis
Paris" making use of language which, although it
may indicate the knowledge OF some plot against the
y and sincerely, repes the notion that Bernard was
then aware that this plot contemplated the assasS,
nation Of the Emperor. Gentlemen, having heard
and considered all the evidence which viii be laid
before you the part Of the prosecution, you must
form your opinion to its suiciency to justify
the privsa facie inference of completely or guilty
knowledge Of the plot on the part OF the accused.
That he should really have believed (as ne al.
eQed) that the Rrenades were connected with new
discovery in the making Of gas- must say seems to
me exceedingly improbable. But he might by pos
sibty suppose that they were only to be used in some
military enterprise; although, looking to the small
number of the grenades (not exceeding fve) and the
whole history Of them, with which Bernard was we'll
acquainted, you may think that he had more reason to
believe that they were instruments of assassination
than munitions of war. But unless the evidence
unanswered, does in your judgment make out against
Bernard prima face of completely in the plot
againt the life of the Emperor, I thiuk that you
ought to return the indictment which will be laid
before you mot q true bill" and this will put an
end to all further proceedings under the commission.
But if the evidence dOes in your Judgment make out
prima foce case of completely, would advise you
to find 50 true bill" 80 that the trial may proceed.
Such complioitymsy be sufficient to make the accused
accessory before the fact to the murders which,
in the event, were committed, although the deaths
of the individuals who were killed were not in the
contemplation of the accused when he became party
to the plot. 1t is laid down in books that Eau
accessory before the fact is he who, being absent at
the time OF the offence committed, doth yet procure,
counsel command, or abet another to commit felony;
and it seems that those who by hire command counsel
conspiracy, and those who, by showing an express
liking, appreciation or assent to anothers felonio1s
design of committing felony, abet and encourage
him to commit it, but are so far absent when he
actually commits it that he could not be encouraged
by the hopes of any immediate help assistance
from them, are accessories before the fact As to
the objection that Bernard could have had no inten
ton that those who killed by the explosion of
the grenades should be put to death, it may be OBJ
served that such question can only arise when the
principal does not act in strict conformity with the
plans and instructions of the accessory. But here,
If Bernard was privy to the plot, Orsini, Pierr,
Gomez and De Rudio, in throwing the grenades as
they did, must be considered as having acted
strictly in conformity with bis plans and in
structions, and he is answerable as accessory
for the consequences. Ii is even laid down that
where the principal goes beyond the terms of
the solicitation, yet if, in the event, the felony
committed was probable consequence Of what was
ordered or advised the person giving such orders
advice will be an accessory to that felony" Asif A
advise b to rob c, and in robbing him kills him,
either upon resistance made or to conceal the fact:
or If solicit b to burn the house Of G, and does
Sitnf and fha Ham faEr nr halI fha
house Of ID that likewise is burnt-in these cases
is accessory to both in the murder Of and in the
burning OF the house of D. the events, though pos
sby falling out beyond his original intention. were
in the ordinary course of things the probable
quences of what b did under the influence and at
the instigation Of A. The approved test is, "was
the event alleged to be the crime to which the &C
cused is charged TO be accessory pro-
babe consequence Of the act which he coun-
selled?" You can have no difficulty, gentle
men. in applying these authorities to the cir
cumstances of the present case Gentlemen,
it may be proper that should mention to you that
act Of Parliament passed since the 9th OF George
WV: 18th and 18th of Victoria cap 46-after re-
citing that il is expedent TO make further provision
for the eectua prosecution Of before
the fact to felony and that is expedcnt that any
accessory before the fact Of felony should be liable
o be indicted tried, convicted and punished in all
respects like the principal as is now the in trea
and in all misdemeanors, euacts that "ifany per
son shall become ssory before the fact 90 any
felony such person may be indicted tried convicted
and punished in all respects IL he were pliuc.
pal felon.n Therefore perhaps, the indictment sub
mitted 20 you may contain counts charging Bernard
principals but still the question Of fact for your
consideration will be whether the evidence
shows prim0 fdce that he was an accomplish
In the assassination plot. II yon find the In
dctment true bill the accused will have an am
pie opportunity OF making his defence both on
the facts and on the law Of the case. lie may be
able 70 contradict discred the witnesses for the
prosecution. ard 20 show that he entirely limo
cent Of any evil intentiOn or NJ all events that he
had not the guilty knowledge OF plot 20 asssssi.
nate the Emperor Of the French Even II this fact
were found against him, II will be open 20 his coun
sci g argue that he cannot in point Of law be pro
peIly convicted according TO the acts of Parliament
upon which this prosecution rests abstain for the
present from giving any opinion on any question Of
law which can he deemed doubtful. Whatever
questions of law may he raised during the trial will
be most deliberately considered and trust satIsfac
torly disposed Of. There are four Judges OF her
Majesys superior courts appointed TO preside, and
they will all he present although two Of them are
still engaged on their circuits Further. am happy
20 say that have power. either before or after
sentence, Of taking the opinion Of all The fifteen Judges
upon any doubtful question Of law which may arise
during the trial. The accused not being native
born subject there must he extraordinary anxiety
10 all quarters that be may have fair aud impair.
tial trial But ii IL should turn ont that, enjoying
an asylum In this kingdom. he has violated those
laws which are equally binding on foreigners re.
siding here upon native born subjects, and that,
becoming an aCcomplice IN plot against the life Of
the sovereign of neglbOring country, the ally OF
cur Queen. he has committed offence for which
native born subject would be liable 60 punishment.
We are required not only by what is due to foreign
nations. but what is due o. the equal administration
Of justice in own land 20 take care that he may
not escape with impunity
just as the Grand Jury were about 20 retire,
The Lord Chief JrtiCe said that in the event
OF their returning a true bill. IL the inten-
ton Of their lordships that the trial should take
place on Monday morning. at 10 o'clock. and he
said he hoped that while the trial was proceed
ing no discussion would take place in The public press
in reference 10 il. II was very desirable that the
whole of the proceedings should 20 before the pub
lie but Il appeared 70 him that il would he very In.
decorous 10 discuss the evidence while the trial was
going on as such course was calculated 90 preiu-
dice the accused and 10 obstruct the course Of
Justice.
In the afternoon the Grand Jury came into court
with four bills, two Of which charged the prisoner