Wilmington journal., 1864-11-03
From BERN uda.

By late arrival from Bermuda we GckDowl ledge the
receipt of the Bermuda Aduoc4e of the 18th and 10Th
OF October. The Advocate of the IL b contains O sy.
Dopss of the proceedings Of the Court of rnuda in
the case o. Acting Master JOHN O. BRAIN q. s NJ
on the charge of the burning OF the Federal stearr
Roanoke AID bis discharge together with the dscaree
cf his associates We give below the synopsis o. ,le
proceedings from the Advocate, also copy Of Sec.eta
ry MALLoRYs instructions to 1t. BRAIN, which was
read in court
be steamer which, as mentioned ia our last week.,
impression, had been for days in the reighbour
ood Of the Islands and bad been pasing nightly yot
to Five Fs,hom Hole, turned out to be CJufederae
prizs and hos given rise to proceedings which bd h
TO emulate those in the celebrated case OF the Chls
peake. AS it is more than probable that they will be
made the subject of legal discussion at hum II is per
hars premature to do at present than give an
abridged accoaGt OF the proceedings we propose next
week t. publish correct and Careful account of them
meanwhile, without any breach Of the eqlete OBJ
served by The most rigid portion OF the press similar
cases. may go far TO hint that whatever the u
innate dec OF the Home authorities on the matter
may be- We shsl claim to have few words OF oar own
upon a case on which party feeling appears t. bay.
been enda7ourng TO fasten the biterest aud hard s
and most ut usufAble of untavorable opithes
The case dlvesed of all begereut bias, appears to
have btea simply this. The Roanoke, Federal steamer
plying between Havana and New 7 ork left the form
port the Of Septr aud when at sea was sud-
denly captured by rumbe OF her passengers who turn
ed out to be officers and of the Confederate States
their commander being Captain Brain, We'll known in
the OF the Chesapeake The original intention wa
to carry the prze into Whining ton, bat wan,iog pro
visions, coas and men, she brought to the nLigh-
borhood of our Islands order to ootan all tn ee-
Here th6 attempt to carry her into WILMINGTON being
considered hopetss, she set Oh fire ou Sunday
morning at A. NJ aud her passengers and crew Isui-
ed here taxing tie eXert0ns of the United States Co
sui rather heavily 10 provide for wants OF SUCH of
them as were subj C OF his GoVernmeut. The clptor5
also IaUded here aud not little surprised TO fad
themselves mu edatey hand d over to the hospitues
of goal, whittier they committed en- m Ise yna
charge OF piracy, aud, as 1t at first alleged OF mur.
der Ioo 1t beng stated that one of the Officers had
been shot, but examination it turned out that the
charge not Included III the warrant. THIS CAPTURE
took place Sunday ing, and the captive can't IRA
being refused ball. became inmates OF the guol no TO
Wednesday, beog brought Out daily Tor Just so many
hours IS 1t might suit official couvenienco TO spd,e for
the examination OF officers and gentlemen charged with
The s1ne sort OF Of nce il the habit of beng
committed in old days by Nelson and Coagswood aud
Hood and Howe and other officers whose nanits have
SOMEHOW or other come to be handed down 10 Us with
sort Of historic fame, rather their credit
than tbat of being pouuced upon in out OF the way
colony where illegal ac,s may be committed with very
slow chaLc=s Of visitation and made-Sanson like
the sport of local oeadledom.
The proceedings before tie Magistrates were practi-
cally cou6aed 10 takirg the evidence OF five Yilnesss
The two first were the fist officer aud purser of the
ship who deposed to her capture in the way We have
indicated. Tue third the Inspector OF Police, On re-
y called to prove the captur0 Cf C0nte1era e. aud
the other two proved the hand writing 1e Secretary
of the Confederate States Navy. to commissions and
letters Of instruction directed to Capt. Brain.
The Attorney General appeared the Grst day, but
depu MIR. Richard Darrell to represent him on the
succeeding ones
The commissions and letters of instruction having
been duly verified Mr. Darrell withdrew the charge,
Capt. Bran md his officers AMI men hav!Dg spent
three nights in British gAoI a charge admtted to
be untenaole and bail refused