New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-05

Mr.. Jsmts-We gave notice 10 the Treasury -oi.ct-
orc TIA; We would ayoy this morning 70 he PUT iH
bsbeas corpus. oesve there will De no o'je ltl,u
on tie part of the crown 10 the application. lney
have DO desire Whatever 70 DEAN toe prisoner IN
custody.
Lmd Campbel'-rhen ie; the Wi. be re.u,nsble 5:
the ri.ing Of the Court
Mr.. James-I. would very much facilitate the pro-
ceedncs il yOar lordship- wous name the smonn,
of bail. We have gwen the crown every iasti'y for
making inquiries as to the gentlemen who VIII be PIE,
pared az the rising OF the Cour: 10 give any s0unt q
bail which may be necessary.
Lord Campbell, after consulting tie other judges,
sod The Court would require the prsnne! TO enter ipp
his own recognizances in the SUN of q oeO, aud 20
give two sufficient suret.es in the gum OF IJ" es2n
DIR. ByRylRp-Op the evening Of April 20 Dr.
Bernard was preseDt a. Wylos Reading Roons
Leicester square. lie received With very -srd
col eratulstops and made speech toe OCCASION Of
HE health beIP drunk. lie SAD: Gen.snen l
"tbark you for these demonstrations. You ID ID;
drink my health but the health OF your o-n country
"Ycu drink to Liberty. Blu: my mouth is shu: uLi 81
"ter my lss, tral. must rot speak Yet must OK;
"press my gratitude 10 you and the Jury who tired
me. / relied firmly on jury OF Engbshmen. |
must speak no more. THANK you from my neafs.'
FROM tn, London Time. Hp,als
Not since the Irsh Rebellion OF lSiS mas tcere bear
any State trial approaching In Importance tine case Of
Simon Bernard, who was acquitted on Ssf1rlsy Ii't
OF comploty in the murderous attempt Of the l3;h oil
January upon the Emperor Nspole) IN. Indeed, the
trisl which Just has general AID lnernstiona
Interest which waiting 10 the inquiries re-pt;i'LE
domestic ire sedtoD IL was preceded by ds-
ca sons the heat and vebemenca OF when have
alarmed Europe, ard the Ministers Of greet frelgn
potentste were led away by the circumstances wnch
product il 10 and PERM, others to language
mich may he disre gsrded may be forgiven, but
which caLnot be forgotten. II is also not 20 b. de-
MED that the Emperor of the French H. well e
our own Government looked forward to 4 success
ful rostcution AZ means Of smoothing away
many difficulties. To the Derby Cabinet, when
had ousied is opponents for bringing IN the
Conspiracy BILL verdict CT Guilty would nave
given the opportunity either OF proving thai NJ
legislation was necessary OF legislating under tue
sanction of judicial decision. The French Govern
ment rather it's sagacOus chief has also notorious
y desired such proof OF the good VIII OF England az
would in the eyes Of contnentsls, be involved 10 the
punishment OF q Republican consprstor. Such CON
cusjon cf the long disputes bet the two countries
would have been gratifying to the tces;eem OF the
French Government, 70 severely wounded by the
events Of the last three months and may say with
OF arrogance assumption, that the speci ace OF az
English CO1rt passtg sentence on al acc)npllce oil
Orsini would have given moral etrength 70 tue In
p6ria thT ne.
But the calculations of sovereisns and statesmen
and lawyers we're destined to be bafied. Afei long
ard wesrisone trial OF Elk dsys, Simon Bernard hes
been acquitted. The Jury remained Ia dehteralor
only on hour ard twenty minutes; 80 that we must
believe that their feeling IN favor Of the prisoner WAS
almost unanimous from the fire. Indeed, for two or
three days before il might have been anticipated tia.
the Jury would acquit the prisoner l. they shared the
opicons or PASSIONS Which prevailed among the
audience q. the trial. The Republican refugee
TO have had rightly or wrongly all the sympat9es OF
which succeeded the verdict is proof 10 what
a pi;ch the feelings OF ell present had been raised.
That the political and national instincts OF the jury
had something to do with the decision j.
would be afl.otstion to deny; but We think ths.
their verdict was only whist to have beeu
excepted, ard what nay lie expected in any similar
Gaze. Every one who reiLembere the strong Dem -
cratic bias Of The class from which the LoudoI Petty
Jores are taken will be prepared 10 learn that they
feel strong sympathy with any one whom they con-
ceve TO be prosecuted q. the instgat0n of adepo'c
Court and that they viii give tie prisoner the benef,
Of tie sghtest douo thai arises on the ev dence H.
this case there link wanting III the CHI ia which
the prisoners purchase OF the chemical ma
tesias With the actual attempt Oh the life of the French
Emperor Bernard was q Republican,, conspr,tor
an organizer Revolutionary movements Il subJrner
of revoUts nary agents be boughtmtrcury aud alcJ.
hol and compounded them, lie bou ,bt grensdes aod
dispatched them, and he induced needy Italian to
Ell ter into his schemes whatever they His oYD
account Was that he coDspred always and every
Were; that he was engaged in plot for the ndepsn-
dence Of Italy; and that the grenades and the reyo.
yeIs al the services of Rudo were intended - e-c
this object Orsini and Pierri and Ru1lo wen to pars
to furil revolutionary movements IN genera ans not
to attack the Emperois life; but while there they
formtd the design Of assassination and carried Il Gu
without the sabctiou or knowledge OF Bernard. ms,
in fact az the whole defense OF the prisoner ana l.
certainly is not absolutely irco stent with the evi;
deDce. II might pofsibly be thar men violent and
fanatical these Italians should be seized with sud-
den impulse to take the Emperors hfe, and thus to
remove Whist they considered the great obst ice b the
sccom pishment of their plans. The deadly hines
which Bernard had helped TO furnish were in their
possession, and they might use them for 4 pirpase
which he had never contemplated None OF the four
conyicts in France had crlmlna.ed him. GonieZ ana
Rudio IRE alive, but they were not brought t. give
evidence against the prisoner. liz shor, though /;
proved that Bernard was engaged In some scheme
requiring insti uments Of dab, and though tao at of
Oril affords presumptive proof that the assass N
oft f.
connection between the two was not proved t. dOs'-
Lutte demonsraon, and jury, ready to give the prs
any lOopbole OF escape, took advantage o. the
def. ct III the evidence u return verdict -! " Not
Guilty.
We have said that. in our opinion, such e verde.
wgs To be expected in such cnse. Indeed, wnstever
msy be the recommendations OF Judges, end tder
position OF the strict letter OF the IaN, Jures VIII not
restrain themselves from boxing al s. .te pros
tions in political light. IL the present cae 5 non
Bernard was formally charged with the murder OF
Nicholas Battle, urder statute famed originally Tor
the pun shment Of murders by Engshmen fire .gn
ground, such the murder OF one lor by a1o'he7 IN
South American port, the mlrder OF Get OF Ut
f,rtuDate negroes On the West Coast Of Afs, OF the
gen.lemaDly murder Of duelst by another A.
Boulospe or Ostend When this act OF Psiamsn,
evoked for the prosecution Of refugee for plot
against tie lie Of b despoc sovereign, and when,
moreover, it was pain that the prosecution was tle
result Of diplomatic tempest and miaSterl4.
charge, may well conceive that Jury would
consider that the law being strained 10 effsc.
political purpose, and that their duty to defeat
the attempt Indeed, as long We have la pDliti-
ca history lures have always asserted their ht D.
heck at all the bearings OF case and not to cpnine
themselves IT, the narrow issue which the Jud &c has
re-. before them 1t was thus that they have come 10
be Judges OF the malicious Intention OF acts, ard OF the
ibtlous character OF writings: They have not been
CONTEXT with merely saying whether msG suu X
blow but they pronounce whether he Ii guilty o. mur.
der CT mansaughter. They decide fr themselves
what is treason, What is seditioE, what IL libel 5, il
this case, tie jury seems to have been more than