17 APRIL 1858, Page 5

.60 Mrtruidulio.

The East India Company held a Special General Court on Tuesday Mr. Mangles in the chair. The principal subject of discussion a as the India bills. Colonel Wilkinson moved a resolution authorizing the Directors to carry out their plan of opposing both bills, and of seeing that the successful measure, if one were successful, contained provisions con- ducive to the welfare of India. Mr. Mackenzie showed a leaning to Lord Palmerston's bill, while ho utterly condemned that of Lord Ellen borough. He moved an amendment to the effect that Sir James Melvill and Mr. Mill should be instructed to prepare a measure for the better govern- ment of India. This amendment was not seconded and fell to the ground: Then Mr. Lewin moved, and Mr. Jones seconded an amendment de- nouncing Lord Ellenborough's bill. Mr. Jones advocated the claims of the Proprietors to a voice in the government of India. Mr. Helps in- sisted that legislation should be postponed until tranquillity should re- turn to India. Mr. Mangles commented on the scene in the House of Commons on Monday night, when a Minister proposed to abdicate his functions and transfer them to Lord John Russell. He enforced the views of the Directors, that both bills should be directly opposed ; but that if one should pass it should be made to contain as little objection- able matter as possible. Mr. Lewin, in the end, withdrew his amend- ment, and the original motion was agreed to.

Mr. Russell Ellice, Mr. W. B. Bailey, and Mr. H. T. Prinsep, have been reelected Directors of the East India Company for the ensuing year. On Thursday, the Directors met, and elected Sir Frederick Currie Chair- man, and Mr. W. J. Eastwick Deputy-Chairman. Votes of thanks were passed to Mr. Mangles, the late Chairman, and his deputy, Sir Frederick Currie, for their services during the past year.

The friends of the ballot gave a soirée on Wednesday, at the Free- masons' Tavern, " in honour of William Nicholson, Esq., late Premier of Victoria, Australia, and the founder of the ballot in the British do- minions." Mr. Henry Berkeley presided. There were on the platform eight Members of Parliament, including Sir Arthur Elton and General Thompson. Mr. Miall, Mr. Samuel Morley, Mr. Weatgarth, and Mr. Steady of Australia, were also present. Several Members sent excuses among them Lord Stanley, Mr. Milner Gibson, Mr. Cobden, and Mr: Bright. The chief proceeding of the evening was the presentation of an address to Mr. Nicholson. It was moved by Sir Arthur Elton, and se- conded by Mr. Greer. Mr. Nicholson in reply mentioned some colonial experiences. Mr. Samuel Morley said that if only fifty Members -would let it be known to the " Hayter " of the day that they were determined on having this question carried tho thing would be done, no matter what Ministry was in power. He hoped that such a combination would speedily be formed DI the House, not only in favour of the ballot, but to obtain a thorough reform in the representation.

The thanks of the meeting were voted to the Legislatures and people of Victoria, Tasmania, and South Australia for adopting the ballot.

A deputation of persons anxious that the tax on paper should be re- moved waited on Lord Derby on Thursday. They were led by Mr. Milner Gibson. Among them were four other Members of Parliament, and several persons from different parts of the country. Two memorials in support of the object of the deputation were read and presented to Lord Derby ; and several gentlemen enforced their views by word of mouth. Lord Derby allowed that a great deal may be said against the Paper-tax in point of principle, and he admitted that the securities taken against fraud do place the manufacturer under great disadvantages. If the Government had succeeded to an overflowing exchequer, they might have looked favourably on a proposal to reduce or take off the duty. But as the Government have to provide for increased expenses, he could hold out no hope that during the present year the duty would be taken ofE But if it should please the country to retain a Conservative Go- vernment in power for two or three years—(A laugh)—and if, as some &embers of the deputation had been pleased to say, a Conservative Government managed affairs more cheaply than a Liberal Government, they might possibly at the end of that period be able to do what the de- putation now required.

Mr. Charles Dickens read his Christmas Carol on Thursday night to a large audience in St. Martin's Hall. The performance was for the bene- fit of the Hospital for Sick Children. Mr. Dickens will also read some of his popular works again on the 29th April, the 6th and 13th May. On these occasions the profits will not be devoted to any institution. On the 29th instant be will explain the origin and object of these three ulterior readings in a few prefatory words.

Mr. Charles Pearson has recently been managing the Whitecross Street Prison, as Governor pro tempore. The Court of Aldermen on Wednes- day voted their thanks to him.

The trial of Simon Bernard, under the Special Commission at the Central Criminal Court, commenced on Monday. Great interest was felt in the pro- ceedings, and a number of notable persons, including some ladies, were pre- sent. The Judges were the Lord Chief Justice, the Lord Chief Baron, Mr. Jus- tice Erle, Mr. Justice Crowder, and the Recorder. The prisoner was described in the calendar as a surgeon, and his age was stated to be forty-one. He is of a somewhat spare habit of body, and is below the middle height. He has a dark, restless, piercing, though sunken eye, a well-formed aquiline nose, a thick moustache, covering a mouth indicative of decision and firmness of character; but no beard or whiskers. His complexion is sallow and un- healthy, and he wears a profusion of long black straight hair, combed back- wards, reaching nearly to the shoulders, and exposing a broad but low and receding forehead. His demeanour was perfectly calm and self-possessed, although he listened with an almost rapt attention to the address of the At- torney-General ; a momentary smile at times stole over his countenance, and occasionally he seized a pen to note what might possibly be " a point" in the examination of the witnesses.

The indictment contained five counts. Bernard was charged with being an accessory before the fact in the murder of Nicholas Bettie, "upon land out of the United Kingdom and out of her Majesty's dominious," at Paris, Orsini and others having been the actual murderers. One count charged Bernard with the murder of Bettie. When called upon to plead, the prisoner said, in English, which he speaks well, " I am advised by my counsel that this Court has no jurisdiction to try use upon this indictment, and ehnsequently I decline to plead." The Lord Chief Justice—" If he de- dines to say Guilty' or Not guilty,' according to the law of England, the plea of Not guilty ' will be entered for him." Mr. James, leading counsel for Bernard, applied to have the special commission read. The Lord Chief Justice—" We are all of opinion that the plea of Not guilty' must be en- tered. Let the plea of 'Not guilty' be entered, and now let the prisoner be asked whether he chooses to exercise his privilege of being tried by half aliens and half Englishmen." The prisoner—" I trust with confidence to a Jury of Englishmen." The selection of a Jury occupied an hour, counsel on both aides challenging some of the Jurors. Mr. James again applied to bare the special commission read ; but the Lord Chief Justice said that that was not the proper time. The Attorney-General opened the case for the Crown, in a speech which occupied two hours in the delivery. He gave a very clear account of the conspiracy against the Emperor, and of the part Bernard took in it. Ber- nard was in early life a surgeon in the navy. Five years ago he came to England as a refugee. On the 14th January last an atrocious attempt was made to kill the Emperor of the French : eight persons were killed ; 156 others were wounded ; 516 wounds inflicted. The mischief was effected by the explosion of three grenades. Those grenades, and three others, were made by a Mr. Taylor, of Birmingham, for Thomas Allsop. Six persons were engaged in the crime—Allsop, Bernard, Orsini, Pierri, Gomez, and Radio. While the iron shells of these grenades were being cast, Ber- nard bought alcohol, nitric acid, and mercury, the ingredients for mak- ing fulminate of mercury, in sufficient quantity to charge the she shells. Bernard took some of the shells to Orsini, at Brussels. While Orsini lived in London, Bernard was most intimate with him after Orsini had gone to the Continent, Bernard opened his letters and had charge of his house. Bernard sent more of the shells to Orsini—who then passed as Mr. Allsop- by a man who was going to Brussels : the halves of the shells were said to be a new gas apparatus. Sir Fitzroy Kelly described how the grenades were taken to Paris, without exciting the suspicion of the Customhouse- officers or the police; how the four men engaged in the assassination were armed with revolvers ; and how Bernard had sent two of these pistols from London to Paris, to the care of M. Outrequin, a tradesman. To deceive Outrequba, he wrote letters asserting that these pistols were to be sold to an Englishman, Allsop, for the profit of Bernard ; and he pretended to make inquiries about the sale of English silk goods in Paris. In all these trans- actions, the man of money and resources was Orsini. On the 26th No- vembei?, Orsini took 435/. in gold to the Bank of England and obtained notes in exchange. Bernard changed two of those notes, for twenty pounds each ; a third was found on Pierri ; others on Orsini when arrested. The Attorney-General then described how Bernard appeared to have "hired" Rudio to assist in the plot. He narrated the great scene in the drama—the actual attempt on the Emperor's life. Three grenades were exploded : Pierri was arrested a short time before ; he had one grenade upon him. When Radio was captured he had 266 francs in gold in his n—a short time before he had been destitute. The evidence, said

it Fitzroy, would fully establish the complicity of Bernard in this great crime; and he exhorted the Jury to do their duty fearlessly but justly. Legal objections, no doubt, could be raised ; but he was ready to meet them.

them

If any points should be reserved, the Judges sitting together 'would decide

The Lord Chief Justice—" Any grave and important queetion pf law which may arise during the trial may be reserved for the decision of the fifteen Judges."

The Attorney-General—" After that observation I shall say no more, but shall wait the course which the counsel for the prisoner may feel it to be their duty to take. If any grave questions of law should arise they may be reserved, as was done in the well-known case of Frost, who was tried under a special temmiselon at Monthouth."

The Lord Chief Justice—" Only it can be -done much more conveniently and *ore efficiently now than in those times." The Chief Baron—" It '4611 be done now under the authority of an act of Parliament, and not, as then, under an arrangement of the Judges."

Several of the Paris police were called to prove the fact of the explosions on the 14th January, and the killing or wounding of certain persons by the fragments of the grenades. Bettie, who belonged to the Grades de Paris,

was thus murdered. Surgeons deposed to the cause of the wounds or death. M. Devisme, a gunsmith, described how he had taken fulminating mercury from one of the unexploded shells. Mr. Taylor, of Birmingham, deposed that he made the grenades for a Mr. Thomas Allsop; and he gave a descrip- tion of Alleop's person. Mr. Morrison expressed his belief that letters re- ceived by Mr. Taylor were in Allsop'e writing. Other witnesses narrated the arrest of Bernard, and stated what things were found in his lodging, Three was nothing new in the evidence thus far. The first witness on Tuesday was Sergeant John Rogers, of the Detective Police. He proved the finding at Bernard's of a letter written by Ansel, to Bernard. The cross-examination of this witness was-interesting ; it pee some information respecting " Wyld's reading-rooms" and what is done there. " I have been to Wyld's reading-rooms at the corner of Cranbourne Street and Leicester Square. I have never gone there under the name of Roper. I was never asked my name at Mr. Wyld's, and I have never had occasion to give it." " Did you go there as a spy ? "—" I went by the direc- tion of the Commissioners of Police to attend a public meeting there on the 9th of January. There is a debating-room upstairs where gentlemen meet and discuss." " What did you go there for ? "—" To take notes of who were there and what was said. I went in private clothes and alone. I went upstairs and passed without question into the debating-room." " What were they discussing ? "—" Mr. Bernard was in the chair, and they were discussing political matters. I am a French scholar, and understand that lan- guage as well as I do English. It was an open public debating-room." " Well, what was the subject that they were discussing?"—"It was a question showing the difference between democratic and imperial governments." " Between democracy and despotism ? "—" Yes, and despotism." " Were they show- ing the superiority of democratic government over despotism ?"—"Yes, I stopped there about half an hour upon that occasion." " Were there many English there ? "—" I saw two or three." " Will you swear that there were not more ? Be careful."—" I swear that I saw no more. There were between forty and fifty people there, probably. It is advertised outside the house that a debating society is held there every Monday evening. There is a news-room on the ground-floor." " Turn to your memorandum and re- fresh your memory as to what occurred on that occasion."—" The pocket- book that I have with me does not go so far back as that ; but I made a re ort of it to the Commissioners." " You went there as a spy, didn't you ?" The Attorney-General—" It would be fairer to the witness, as well as to those who sent him, if you were to ask what his instructions were." Mr. James —" Well, what were your instructions ? " Witness—" To attend that meeting and report upon it." Cross-examination continued—" And what did you report ? "—" That a number of persons were there, and that Mr. Bernard was in the chair ; also, the nature of the subject discussed."

" What did you say was the subj I

ect discussed ? "—" I don exactl recol- lect now. I have been to that debating-room several times since. went the next time on the following Monday." " As a spy? "—" I went as directed." " That is a plain English question. Did you go as a spy ? " The Chief Justice—" You had better get the facts from him and you can draw any inference you please." Mr. James—" It is a plain English question, and I submit that I may ask it." The Attorney- General objected to it. Mr. James—" The same question has been put be- fore, as your Lordships know, in State trials. It has been put by other men —far higher authorities than I can pretend to be, and I contend that I am entitled to put the question, did you go there as a spy?" The Chief Baron —" If an objection be taken the point had better be discussed in regular form." The Attorney-General—" I submit that my learned friend has no right to put a question the affirmative answer to which would bestow an op- probrious name upon the witness and upon those who instructed him." During the cl. on that ensued Mr. James stated that a similar question

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had been put t Hardy's trial—it was not objected to. Eventually, the Judges decid that the question was "irregular "—it could not be put: Mr. James might subsequently infer, if he pleased, that-the witness had been a spy. The cross-examination was resumed. Rogers said he heard nothing spy. shocking" at Wyld's - he was not paid specially for attending the meeting ; it was part of his duty to watch French and Italian refugees, and make reports on them to the Police Commissioners • he had never been about on duty with French officers; he had not received pay from the French Government.

The Attorney-General now proposed to put in the letter from Allsop found at Bernard's. Mr. James objected. Bernard could not be held responsible for letters sent to him—any Member of Parliament or public journalist might have an improper letter addressed to him. He cited cases to show that the letter could not be received. Without calling on the Attorney- General, the Judges decided for the reception of the letter. It was then read. It was the letter dated January 1, 1857, in which Allsop wrote thus-

" The abominable miscreant of the 2d of December seems to have reached his culminating point. Have you seen the withering contempt with which Smith O'Brien alludes to the Queen kissing this unconvicted felon, who is not likely to give much more trouble, even if he should escape the righteous retribution he so richly merits 1 If I was in California now I would at once double the amount offer- ed by Lander to the man who should perform an act of justice upon that most wretched caitiff. It is a poor consolation to know that he is obliged to drink before going abroad to drown fear. He must bs killed, and with him the system which he somehow seems necessary to keep up. I shall feel glad to hear from you as to Or- sini's progress, and on any matter in which you feel an interest." Witnesses were next called to prove that Bernard bought the three sub- stances requisite for making fulminating mercury ; that the shells contained that compound ; that its explosive power was enormous; and that the gre- nades were not ordinary instruments of warfare. Several gentlemen were then examined to prove the connexion of Bernard with Allsop ; Bernard had assisted Allsop to'find a person to advance money on some landed pro- perty of the latter. Eliza Cheney, Orsini's housekeeper in Grafton Street, fully sustained the Attorney-General's statement as to the close intimacy of Orsuu and Bernard. She described Orsini as "a very noble-looking gen- tleman, about forty years of age." Georgi, keeper of a cafe at Brussels, proved that he took some, of the halves of the grenades to Brussels at Ber- nard's request ; Bernaid afterwards came to his house with Orsini—Orsini. had so altered his appearance by removing his beard that he did not at first recognize him.

Many witnesses were examined on Wednesday. M. Righerzi,.of Brussele, gave corroboratory testimony as to the arrival of the grenades in Brussels. Cassimir Zeguers, a waiter, narrated how he was hired by Orsini, as "All- sop," to take a home by railway to Paris, and to eonvey the " gas balls " in a carpet-bag. " When I arrived at the frontier I got out and showed the carpet-bag, when asked, to the douanier at the Custom-house. This was in the middle of the night. The balls were taken out of the carpet-bag for in- spection at the Custom-house. I took them out of the bag myself. I cannot tell whether they were all taken out. Those taken out were in halves. I was asked at the Custom-house what 'the use of them was. I said they were used for a gas invention. They were passed without objection." Mr. Hol- lis, of Birmingham, proved the purchase of two revolvers by Orsini and Pierri. Mr. King, clerk at the railway-office in Regent Circus, destribed how Bernard had sent a box containing two revolvers to M. Outrequin, at Paris. King asked him if he were going to Paris ; and he answered, "No' I shall go there when the other one comes back here"—King understood him to refer to the Emperor. M. Outrequin deposed to Bernard's intro- during Orsini to him as " Mr. Allsop" ; to the receipt of letters from Ber- nard,.and of the pair of pistols ; and to the removal of one of the pistols by Orsini. Madame Outrequin corroborated part of her husband's evidence, and stated that she gave the second pistol to a person calling himself Pierre. It Was stated that the passport with which Bernard travelled had not been recovered : Bernard had said that it was burnt. Eliza Rudio, wife of one of the men convicted at Paris detailed how Bernard had called on her husband, provided them with money—as they were in a destitute state— clothed her husband, and arranged that he should go to Paris. He went. Bernard agreed to pay a weekly sum to Mrs. Rudio during her husband's absence. After the 14th January he sent her to her grandmother at Not- tingham ; she was to go by her maiden name ; she was to take no notice of anything she saw in the papers respecting her husband. He wrote to her under the name of " William Thompson,' saying that " some benevolent. people " had agreed to send her money by post-office orders. The cross-ex- amination of this witness was cut short by the illness of one of the Jurors. Before the Court adjourned, Mr. James said he should be glad to be in- formed by the Judges whether they thought it most advisable that an argu- ment in extenso should be taken upon the questions of law that were in- volved in the present inquiry at the close of the case for the prosecution, or whether he should make a brief statement of the points that were relied upon, and then that the matter should be left for full consideration at a future period. The Lord Chief Justice said that the Court was of opinion that the purposes of justice would be better answered by the learned counsel stating shortly and distinctly the legal points upon which he relied, and then that the questions of law so raised should be solemnly argued before the fifteen Judges. The case for the prosecution came to a close on Thursday. The addi- tional evidence adduced, corroborated that previously given, directly con- necting Bernard with the acts of Orsini, Rudio, and Pierri.

Mr. James postponed his address in defence, and handed in a statement of the points of law upon which he depended, and which he wished reserved. He said-

" The first point which I venture to submit to be reserved for the opinion of the fifteen Judges is, that the prisoner is not one of her Majesty's subjects within the meaning of the 9th of George IV, cap. 31, sec. 7, which is the act that gives your Lordships 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 mur- der to which the prisoner is charged by indictment to have been accessory before the fact is proved to have been committed by aliens upon an alien within the king- dom of France, and not by any of her Majesty's subjects or upon any of her Ma- jesty's subjects. Fifth, that no evidence of any acts done by the prisoner on land out of the United Kingdom and without the Queen's dominions, or of any act done by any person in pursuance of any authority from him on land out of the United Kingdom and without the Queen's dominions, was properly re- ceivable in evidence on this trial. Sixth, that the principal offence of murder charged in the first three counts is not alleged to have been committed by any of her Majesty's subjects. Seventh, that the letter of the 1st of January 1857, signed T. Alleop,' was improperly received in evidence against the prisoner. Eighth, that by the Special Commission this Court is only authorised to inquire into and to try the prisoner on the charge of being an accessory before the fact to a murder committed by Orsini and others upon Nicholas Battle and a person name unknown, and that it has no jurisdiction to try the prisoner on the charge of wilful murder ai principal. Ninth, that the fourth and fifth counts, which charge the prisoner as a principal, set forth that the alleged murder was committed in Paris out of the Queen's dominions, and that the prisoner, being an alien, cannot be tried as a prin- cipal for an offence so committed." The Court agreed to reserve all the points except the seventh, upon which they had already pronounced an opinion ; and to take the opinion of the fif- teen Judges on them, shotild the verdict go against the prisoner.

After long delays, the trial of Mr. Edward Auchmuty Glover, prosecuted by order of the House of Commons, has taken place in the New Court of the Central Criminal Court. It extended over three days. Mr. Glover was elected as Member for Beverley, he made the usual declaration in the House that he had the legal qualification of 3001. a year ; his return was contested ; and a Committee declared his seat to be void, for want of a pro- per qualification, and a prosecution was ordered. Mr. Glover had declared that he was qualified by incomes arising out of three properties, two in the county of Cork, and one in Kent. It was shown by the prosecution that these alleged properties were worthless—they were so heavily mortgaged that Mr. Glover could get nothing from them ; in the case of the Kent pro- perty, a rent-charge had been granted by a Mr. Toker to qualify the accused —but there was really no disposable rent arising. As to the Irish property, had there been anything accruing, it was the property of Mr. Glover's credi- tors, for he had been insolvent in 1849 for 13,0001. It was further con- tended that the accused knew the true state of his position, and had there- fore made a declaration which was wilfully false. Mr. Chambers, for the defence, enlarged on the loose way in which the Parliamentary property-qualification had always been treated—most eminent i

men had eat in Parliament with a mere colourable qualification,—rent- charges which were never to be drawn. Mr. Glover had an interest in the lands in Cork and Kent ; even supposing that was not of the value of 3001. was it clear that the accused thoroughly understood the mass of documents which had been laid before the Jury ? But Mr. Chambers said he could show that the property was really of the value to Mr. Glover that had been represented. He then called a number of witnesses to prove the value of the estates. Mr. Webby, in reply, contended that the value had not been made out.

Mr. Justice Crompton directed the Jury that they must be convinced that Mr. Glover knew the alleged qualification was insufficient before they could convict him. The Jury then retired, and after an absence of above three hours returned a verdict of guilty, but recommended the defendant to mercy, upon the ground that it was the first prosecution of the kind, and secondly, upon the fact of the loose way in which declarations of property are made at the bar of the House of Commons. The defendant, having been ordered into custody, most solemnly declared that he thought himself entitled to what he had made a declaration of. Mr. Aistice Crompton said he was sorry to hear him say that, as the case had been clearly made out. He sentenced him to be imprisoned in Newgate for four months, as a first- class misdemeanant.

At the second sitting on Tuesday, of the Coroner's Jury to inquire into the immediate cause of death of the fifteen persons who perished by the fire in Gil- bert Street, Bloomsbury, moat singular revelations were made. A number of surgeons had been directed to make a post-mortem examination of the bodies—why, the public were puzzled to conjecture ; but the reason is now very clear. Mr. Bennett, Mr. Rogers, of St. George's School of Medicine, Mr. Girdwood, and Mr. Jones, who bad examined the viscera, all concurred in ascribing death, except in one instance, not to mere suffocation, nor to burning,—the unfortunate sufferers bad succumbed at first to the fumes of arsenic and other minerals. The bodies did not present the usual appear- ances of suffocation; but there were symptome of irritant poisoning. The poor creatures had inhaled arsenious fumes, were instantly prostrated, and of course could make no effort to escape from the burning house. Whence the poisonous fumes came is quite apparent, even from the admissions of the owner of the minerals. Mr. Taylor had a lease of the house in Gilbert Street and another in Great Russell Street ; between the two extended a room. Mr. Calvert, a mineralogist, occupied the house in Great Russell Street, and the

room at the back ; in that room were cabinets of minerals, valued at 8001. ; many of the specimens contained arsenic, and there were other minerals which would produce noxious fumes under the influence of heat. The south end of this room was separated from the carpenter's workshop on the ground-floor of the house in Gilbert Street by a wooden partition only ; soon after the fire broke out it extended to this room, and a quantity of the minerals was calcined. The inference is, that the poisonous fumes must have early entered the sleeping-rooms of the house in Gilbert Street, and destroyed the inmates. Mr. Calvert said he heard Taylor's voice in his shop on the night of the fire; Taylor denied that he was there. Mr. Coro- ner Wakley advised both Mr. Calvert and Mr. Taylor to have legal advice at the next sitting of the Jury. The inquiry was adjourned till the 26th.

On the evening of the 5th, a fire destroyed a house in Aldgate; it ori - ated in the shop, occupied by Mr. Selene ; Mr. Selene hail left the place for the evening. Two men were seen to leave the shop at a later hour, and soon after the fire appeared. A Coroner's Jury have inquired into the matter, and have given this verdict—" That the house was wilfully set fire to by the two men who were seen to leave the house, but there is not sufficient evidence to prove who they were."