The Sun. — 1858-02-20 (London, England)

LJIPEROR.  In consequence of the rafttsal of Mr. Jardine, the Bowstreet magistrate, to accept bail in the c se of N. Simon Bernard, Mr. Sleigh, the defendant's counsel, applied to Mr. Justice Wightman yesterday afternoon, at judge's chamb4ns to reverse his worship's decision.  _ . . Mr. Bodkin, counsel for the Crown, attended to oppose the application. Mr. Sleigh, after reviewing the facts of the case as already before the public, surd that it was almost the invariable practice 01.ma,gistrates to admit to bail in cases where the offence charge' was simply one of misdemeanour. No doubt, in the present instance, the worthy magistrate— whose discretion he was the last man living to call in question—had been influenced by the grave representations of his learned friend the counsel for the prosecution, as to the defendant's complicity with Orsini and others; but the utter absence of any evidence, and the improbability really of there being any evidence hereafter in support of such a conjecture, were sufficient reasons, he contended, why there should have boon no deviation from the ordinary rules of the Court. His Lordship said, it was quite unusual to make an application of this sort while a case was under remand. The first course would be to issue a certiorari for thedepositions, and when they were before him it would be very properly urged that they were incomplete. Mr. &Akin.— -Exactly so. There never bail been an instance of the kind. It was impossible for Mr. Sleigh to know what character the charge might hereafter assume. In the Custcm-house prosecutions a few years ago, where the defendants were remanded from week to week fair a very long period, similar applications were made to the judge and invariably refused, it being the opinion of his lordship that there ought to beno interference with the discretion of the magistrate unless there had been any unreasonable delay on the pirt of the prosecution. .There coul ba_none charged in this instance, the defendint apprehended on Sundaylsst.  Sir. Sleigh referred io the case of two prisoners named De Salvi and Gower, who were charged with an attempt to assassinate (and subsequently it proved to be murder) in the Qteen's Bench Prison. In that case Gower was admitted to bail by the judge, pending the inquiry. His Lordship—That was a very different matter. The application on behalf of Gower was not opposed, but approved, by the prosecution. When the evidence is complete and the defendant stands committed, I might entertain theapplication, probably, it the magistrate still refuse to allow bail. Mr. Sleigh—But surely, your Lordship, if it would be just to admit the defendant to bail then a fortiori it must be still more so now that the charge against him is incomplete. There is every probability that this inquiry will go on, by slow steps, from week to week, for a long perid. His Lordship—Well, if that should be the case—if, for example, the defendant should be again and again remanded, without reasonable ground of there beng any cat on charge ultimately established—you clan renew the appliMr.- Sleigh—l understand then, that if the defendant is remanded for another eight days, and still detained in custody ; I may come to yon again. • His Lordship—Yes, you can do so. Mer. lik Boesdkin—Of course; Mr. Sleigh can come as often as h. (A laugh. Bernard will be brought np) day appointed at 3 o'clock, and, probably, further re-', minded another week. to Bow-street again on the