The Sun. — 1858-03-26 (London, England)

LEN.'OTSOll—They are part of the question whether a jury will convict.  Mr. Jardine—Whether a jury win be influenced by popular opinion is a question with which I have nothing to do. lam bound to suppose that they will do their duty, and give their verdict according to the facts proved in evidence, and the law laid down by the judge. Mr. Leverson continued at some length to re. state his principal arguments, and concluded by reminding the magistrate that he was not only the servant of the Crown, but also the guardian of the people's liberties, which could only be maintained by the utmost freedom of the press. Mr. Bodkin,—Sir, it is for those who instruct Mr. Leversou to consider whether his course is calculated to promote the interest of the defendant; but if any justification were wanted for the course taken by tt,e Government in instituting this prosecut:on, it would be that a gentleman who is on the roll of attorneys of this country should stand up and detend the doctrines that are promulgated is this infamous pamphlet. Mr. Leverson, who has referre I to some parts of the pamphlet, seems to haue who'ly forgotten what he ought not, that in some parts the writers refer to the late attempt on the life of the Em eror, and express their regret that they cannot claim a share in the honour. If that, uvt, ntUrtka, do .0‘ know what the English or any other means. There cannot be a dearer privilege tna.e err., 10- er.:y of t'ie press, and I believe it is enjoyed in England to the utmost extent. No one wishes to interfere with it, but when I see pamphlets directly inciting to murder, I say that they are abhorrent to the common feelings of every civilised nation, and peculiar abhorrent to the Engli.sh. It cannot be the opinion of magistrates, juries, or any one else, whos3 opinion is worthy having, that such writers should be allowel to she!ter themselves behind the pretence of the liberty of the press. The learned counsel went on to say that Mr. Leverson's argument amounted to this, that the law was all wrong, and every decision that had heel made was erroneous. And that was the sort of law on which it was attempted to convince the magistrate that lie ought not to commit !• The law was not to be fritted or talked away in that manner. The only duty of the magistrate was to commit the prisoner, unless he could find sureties for his appearance to take his trial.  Mr. teverson said he had not expressed any opinion whatever, as to whether assassination or tyrannieide was jrntifiable.  Mr. Jardine----I am perfecqy aware of my position, and I know that my opinion on any of the points raised by Mr. Leverson ought not to have, and would not have, any weight whatever. The only point 1 have to consider is, whether there is enough to satisfy me that a prinut facie case is made cut, and that there is reasonable ground to Suppose that the ca'e will end in conviction. I think there is, and I must order defendant to find bail to answer the charge. Mr. Bodkin, referring to what had occurred at the last examination, said that when he asked where Mr. Mill was to be found, he did not intend to imply any disrespect for that gentlemen, but he felt a doubt of the authority. The result showed that he was right, for Mr. Leverson had no authority to use Mr. Mill's nacre.  Mr. Leverson said he believed now that he had not the authority of Mr. Mill, but being carried away by his indignation at the refusal of the Crown to accept of the bail of the printer of the pamphlet, in whose veins flowed the Royal blood of Poland, and who was, moreover, a highly respectable tradesman, he was thrown off his guard, and made use of what he believed to be an authority from Mr. Mill—given in the course of conversation on an occasion when he had derived great pleasure. from Mr. Mill's company. Sureties were now in. attendance, the proper notice having been given. The sureties having been accepted, the-recogniFaeces were entered into and the defendant set at liberty. The translation of the pamphlet mentioned by Mr. Bodkin was afterwards attached to the deposi' ions.