The Sun. — 1858-04-16 (London, England)

TRIAL OF BERNARD.  [The following is a more extended report of the latter part of the trial that appeared in our impression of yesterday The Lord Chief Justice asked Mr. James whether ha wished to postpone his address. Mr. James replied that he did. There was the evidence of 70 witnesses, and it was now very late.  The Lord Chief Justice —lt i equires no apology. You will go on then in the morning? Mr. James—Yes. Would your lordship wish us to state the points which we shall bring before the judges? Tho Lord Chief •justice—That would be convenient. Mr. James— I have prepared them on paper, and I will state them shortly, and hand your lordship the paper. Thero are nine points. Of course the questions to some extent are doubly stated. I do not propose to address any argument to your lordship now, but will simply state the points. The first question which we propose should be reserved for the consideration of the fifteen judges is, that the prisoner as not one of her Majesty's subjects, within the moaning of the 9th Geo. IV., chap. 31, sec. 7, which is the act under which your lordships have jurisdiction to hold this special commission. The second point is, that the prisoner was not an accessory before the fact to any murder within the meaning of the aforesaid statute.  The third is, that there is no proof of any murder having been committed within the meaning of that statute. The fourth is, that the murder for which the prisoner is charged by the indictment to have been accessory before the fact, is proved to have been committed by an alien upon an alien within the kingdom of France, and not by any of her Majesty's subjects, nor upon any of her Majesty's subjects. The fifth is, that ne evidence of any acts done by the prisoner on land out of the United Kingdom, and without the Queen's dominions, nor of any acts done by any person in pursuance of any authority from him on land out of the United Kingdom and without the Queen's dominions is properly receivable in evidence in this trial. The sixth point is the principal offence of murder charged in the first three counts of the indictment was not alleged to have been committed by any of her Majesty's subjects. Then I propose to ask your lordship to reserve the question about the letter, which will bo the seventh point, that the letter of the Ist January, 1857, signed I'. Allsop, was not properly received in evidence spinet the prisoner. The eighth point is, that by the terms of the special commission the court is only authorised to inquire aud the try accessor before the prisoner on the charge of being y fact of the murder by Orsini and others of persons whose names are not known, and they have no jurisdiction to try the prisoner on a charge of wilful murder as principal. Ttio ninth point is that the fourth and fifth counts, which charge the prisoner as principal, allege that the alleged murder was committed in Paris, outof the Queen's dominions, and the prisoner being an alien, cannot be tried as a principal on Such a charge. The Lord Chief Justice - Thera can be no objection to the reception of any of these points, but that is one which has already been argued and determined, and an unanimous opinion given upon it ! they have arevaried ior. ai etthat substancee ol s it, z de m. theof Mr. James—lf your lordship says it is not right to reserve that point, of comae we are in your hands. Turso s, ybut tiicnet— raisinghe jhrel differentChiefJustice—You same,importance, oitati andce ,h ase they court arew ipoints adopt o the h e novelty, course n we will take the opinion of the fifteen judgesp before pro.: nouncing sentence, should there be a verdict upon the fact uabrtleththenthaedjPoluirnneTuntil this morning. u nTf ahveo cuor