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

THE LATE ATTEMPT TO ASSASSINATE TEE FRENCH LMPBROR.  In consequence of tho refusal of Mr. Jardine, the Bowstreet magistrate, to accept bail in the case of M. Simon Bernard, Mr. Sleigh, the defendant's counsel, applied to Mr. Justice Wightman yesterday afternoon, at judge's chambers, 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, urged that it was almost the invariable practice of magistrates to admit to bail in cases where the offence charged 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 questioa—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 been 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 the depositions, and when they were before him it would be very properly urged that they were incomplete. Mr. Bodkin,— -Exactly so. There never had been an instance of the kind. It was impossible for Mr. Sleigh to know what character the charge might hereafter assume. In the Custom-house prosecutions a few years ago, where the defendants were remanded from week to weekfor 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 part of the prosecution. There could be none charged in thisinstance, the defendant haying been only apprehended on Suridaylaat. I Sleigh referred to the ease of tivo prisoners named De Salvi and Gower, who were charged with an attempt to assassinate (and subsequently it proved to be murder) in the Queen's Bench Prison. In that case Gower was admitted to bail by the judge, pending the inquiry. His Lordship—That was a wry different matter. The application on bahalf 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, if 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 beHetiiallLmorodreshsiop_now that the charge against him is incomWreealsl,onifabthleato.srhoeuunldd epxleatme.ple7tehree is defendanto ovary prsohboaublidlitbye thatag this inquiry will without go on, by slow steps, from week to week, for a long perid. beingag ain anyremanded, charge ultimately established—you b can renew the application.bsi again thehe andr a case—if, for  Mr. Sleigh—l understand then, that if the defendant is remanded for another eight days, and still detained in custody ; I may come to you again. His Lordship—Yes, you can do so. as he likes. (A laugh.) Mr. Bodkin—Of course; Mr. Sleigh can come as often Bernard will be brought up to Bow-street aga;2l on the dsy appointed at 3 o'clock and, probably, further remanded another week.