The Express. — 1848-05-19 (London, England)

BAIL.  An application was made in the Queen's Bench chamber, before the Chief Justice, at half-past ten o'clock, for the admission of Mr. John Mitchel to hail. Sir Colman O'Loghlen read a portion of the informations under which Mr. Mitchel had been committed to preen, and stated that by a recent act, the 11th Victoria, the offence with which Mr. Mitchel stood charged was made a felony, otherwise he would have been admitted to bail in the usual way. The facts of the case rendered it a matter of right that Mr. Mitchel should be admitted to hail if the court were satisfied that he would afterwards be amenable to justice. According to " Blackstone's Commentaries" all offences were bailable except those of murder, treason, and some other Monies therein specified ; but it leaves the ordinary cases untouched. This offence was the same u those bailable at common law, and the court in all I such cases never refused bail, except in something of an extraordinary description. In delivering judgment in the case of " The Queen r. Wood," Mr. Justice Crampton said that in all such cases, where sufficient bail could be given so as to ensure the attendance of the party accused, the court should always a-c_pt it, In the ease of " The Queen v, Orgy," an application was made to J adv. Perna on  circuit to have the prisoner admitted to bail, but he having some doub's on his mind as to the propriety of doing so, referred the application to the Queen's Bench, and they acted on it. the prisoner was accordingly admitted to bail. There was nothing to prevent hail from being taken in common law, except in eases of the offences of murder, manslaughter, and some other eases, which come under the peculiar construction of the estate. lie would therefore call on the court to admit Mr Mitchel to bail, which was a matter entirely st the discretion of the Court. _ _ _  Mr. Baldwin opposed the application, and said that the offence with which Mr. Mitchel was charged was not only felony, but it was an instigation to commit the highest clam of offences known to the law, having a tendency to deprive her Majesty of the royal prerogative and crown, and to establish a republic. Mr. Mitchel stood charged with two offences of that description under the 3rd section of the act, and his lordship would see the propriety of not admitting Mr. Mitchel to bail, who was in the habit of repeating the offence. He did not dispute the right of the court to exercise its jurisdiction, and did not mean to say but the court might take bail; but it was an extraordinary kind of offence. The only effect that bail would have would be to diacharge Mr. Mitchel for two days, as he was entitled to take his tnal on Saturday before the commission. Sir Colman O'Loglilen—l wish to observe, with respect to Mr. Baldwin's remark about Mr. Mitchel's offence being Veal.=  Baldwin—l beg your pardon, I don't mean to say so; I alluded to its tendency. Chief Justice—l wish to state that I will be considerably influenced on the subject, in coming to a decision, by an affidavit from Mr. Mitchel, stating that the publication of such documents will of hereafter be repeated. Sir Colman O'Loghlen—My lord, I have received no instructions to that effect _ . .  Chief Justice—Well, then, I must refuse bail, as there is no recurity given that the offence will not be repeated. His lordship then left the chamber, and the parties retired.