vii THE IONIAN SHIPS (THE LEUCADE): Proceedings in the High Court of Admiralty before Dr. Lushington, for condemnation of prize, on the question whether Ionian vessels were liable to capture for trading with Russia during the Crimean War, February 28th, March 5th, 7th, and April 18th, Proceedings in the House of Lords and before the Committee for Privileges as to the patent purporting to create the Rt. Hon. Sir James Parke a baron for life, with a Proceedings before the Committee for Privileges on a claim to vote at the election of an Irish representative peer, as to the meaning of the Article of Union restricting the power of the Crown to create Irish peerages, April 8th, May 19th, June 30th, 1856 728 CREMIDI AGAINST POWELL (THE GERASIMO) : Proceedings before the Judicial Committee of the Privy Council, on appeal from a judgment of the High Court of Admiralty, condemning a Wallachian vessel as enemy's property, because of the Russian occupation of Wallachia, and also for breach of the blockade of the Danube, March 2nd, 3rd, and 24th, 1857 Judgment of the Court of Queen's Bench on demurrer in an action for breach of charter party, as to the dissolution of certain contracts of affreightment by the outbreak of war, before Lord Campbell, L.C.J., Wightman, Erle, and Crompton, JJ., Proceedings in the Exchequer Chamber in error from the Court of Queen's Bench before Jervis, C.J., Pollock, C.B., Cresswell, Crowder and Willes, JJ., and Judgment of the Court of Queen's Bench on writ of error as to the right of the Crown to order jurors to "stand by" in trials for felony before Lord Campbell, L.C.J., and Erle and Crompton, JJ., May 6th, 1857 Proceedings in the Court of Exchequer Chamber before Cockburn, C.J., Pollock, C.B., Williams and Willis, JJ., and Bramwell, B., Watson, B., and Channell, B., in error from the Court of Queen's Bench, June 24th, 1857 Proceedings before the Judicial Committee of Her Majesty's Privy Council on appeal from the Supreme Court of Van Diemen's Land as to the privileges of a Colonial Legislative Chamber, February 3rd, 4th, and 17th, 1858 THE QUEEN AGAINST SIMON BERNARD: Proceedings at the Special Commission held at the Justice Hall, Old Bailey, for the trial of Simon Bernard, a French refugee, charged as accessory before the fact here to the murder in Paris of Nicholas Batty, killed in the attempt made by Orsini and others to assassinate the Emperor Napoleon III. in Paris; before Lord Campbell, L.C.J., Pollock, C.B., Erle and Crowder, JJ., Monday April 12th, 1858, and EX-PARTE JOHN ANDERSON ROBERTSON : In re The Governor-General and Executive Council of New South Wales. Proceedings before the Judicial Committee of Her Majesty's Privy Council on the 21st July, 1857, and 14th July, 1858, as to amotion from a Colonial office held THE QUEEN against ROBERT PATE. TRIAL OF ROBERT PATE, AT THE CENTRAL CRIMINAL COURT, BEFORE ALDERSON, B., PATTESON AND TALFOURD, JJ., FOR ASSAULTING THE QUEEN, THURSDAY, 11th JULY 1850. On June 27th, 1850, Robert Pate, formerly a lieutenant in the 10th Light Dragoons, struck the Queen on the forehead with a short stick, as the royal carriage was being driven out of the yard of Cambridge House into Piccadilly. Pate was indicted under 5 & 6 Vict. c. 51. Evidence of insanity (1) was given. Verdict, Guilty. Sentenced to be transported for seven years. (1). As to the defence of insanity, see the answers given by the judges to the questions put by the House of Lords after the trial of Daniel McNaughton, 4 St. Tr. N. S. 487; also, the Trial of Lunatics Act, 1883, 46 & 47 Vict. c. 38. The later cases are collected in Russell on Crimes, vol. 1, p. 118, 6th edit.; see also Stephen's "History of the Criminal Law," vol. 2, p. 124, and Pitt Lewis' "The Insane and the Law," 1895; and for American authorities, Bishop's "New Criminal Law," ss. 383-388, and Hamilton and Godkin's "System of Legal Medicine" "The Insane and the Law," vol. 2, p. 217. CENTRAL CRIMINAL COURT. Before ALDERSON, B., PATTESON July 11th, 1850. Pate, On June 27th, 1850, Robert formerly a lieutenant in the 10th Light Dragoons, struck the Queen on the forehead with a short stick, as the royal carriage was being driven out of the yard of Cambridge House into Piccadilly. (a) He was apprehended, and brought up at the Home Office before Mr. Hall, the Metropolitan Chief Magistrate, who committed him for trial under 5 & 6 Vict. c. 51., entitled— "An Act for providing for the further security and protection of Her Majesty's person."(b) (a) See also the account in Anu. Reg. 1850, Chron. 73. Section 2 provides as follows: : "From and after the passing of this Act, if any person shall wilfully discharge, or attempt to discharge, or point, aim, or present at or tried under this statute for firing at the Queen Francis for committing the same offence on on June 10th, 1840 (4 St. Tr. N. S. 497), and May 30th, 1842 (ib. 1376). On July 3th, 1842, Bean attempted to discharge a pistol loaded with gunpowder and wadding at the Queen, and was tried for a common assault, and sentenced to eighteen months' hard labour (ib. 1382). A few days after Bean's attempt, Sir Robert Peel, with the approval of Lord John Russell, introduced the measure which became law as 5 & 6 Vict. c. 51. (Ann. Reg. 1842, Hist. 207209; Hansard, vol. 65, pp. 19-28, H.C., and 40 Geo. 3. c. 93. by providing that all cases pp. 166-171, H.L.). Section 1 extends 39 & where the alleged overt act of treason is an attempt to injure in any manner whatsoever the person of the Queen," shall be tried with the same procedure as an ordinary murder. The (b) Attempts to wound or injure the person object of section 2, set out above in the text, was of the sovereign have been treated as overt acts to provide an alternative method of dealing with of the treason of compassing the King's death such offences without giving the prisoner the under the Treason Act, 13 52, 25 Edw. 3., st. 5., notoriety and importance conferred by a trial c. 2., and were made substantive treasons by the for high treason, and also to punish more adeTreason Acts of 1795 and 1817, 36 Geo. 3. c. 7. quately attempts, such as Bean's, not technically and 57 Geo. 3. c. 6. Trials for such offences amounting to treason. Referring to the whipwere formerly attended with all the formalities ping provisions, Lord John Russell observed and notoriety of trials for treason. In 1800, while the Bill was passing through Parliament after Hatfield's attempt on the life of George that, as this new crime of endeavouring to III., it was provided by 39 & 40 Geo. 3. c. 93., frighten and alarm the Queen was the offence that where the alleged overt act of treason was of base and degraded beings, a base and degradthe assassination of the King, or any directing punishment was fitly applied to it. On June attempt against his person, by which his life might be endangered, or his person suffer bodily harm, the case should be tried with the same procedure as an ordinary murder. Oxford was 91500. Wt. 27042. 14th, 1849, William Hamilton pleaded guilty to an indictment under the Act for presenting and discharging a pistol loaded with gunpowder at the Queen, and was sentenced to be transported A THE QUEEN against ROBERT PATE. TRIAL OF ROBERT PATE, AT THE CENTRAL CRIMINAL COURT, BEFORE ALDERSON, B., PATTESON AND TALFOURD, JJ., FOR ASSAULTING THE QUEEN, THURSDAY, 11th JULY 1850. On June 27th, 1850, Robert Pate, formerly a lieutenant in the 10th Light Dragoons, struck the Queen on the forehead with a short stick, as the royal carriage was being driven out of the yard of Cambridge House into Piccadilly. Pate was indicted under 5 & 6 Vict. c. 51. Evidence of insanity (1) was given. Verdict, Guilty. Sentenced to be transported for seven years. (1). As to the defence of insanity, see the answers given by the judges to the questions put by the House of Lords after the trial of Daniel McNaughton, 4 St. Tr. N. S. 487; also, the Trial of Lunatics Act, 1883, 46 & 47 Vict. c. 38. The later cases are collected in Russell on Crimes, vol. 1, p. 118, 6th edit.; see also Stephen's "History of the Criminal Law," vol. 2, p. 124, and Pitt Lewis' "The Insane and the Law," 1895; and for American authorities, Bishop's "New Criminal Law," ss. 383-388, and Hamilton and Godkin's "System of Legal Medicine" "The Insane and the Law," vol. 2, p. 217. CENTRAL CRIMINAL COURT. Before ALDERSON, B., PATTESON July 11th, 1850. "An Act for providing for the further security and protection of Her Majesty's person."(b) (a) See also the account in Anu. Reg. 1850, Chron. 73. Section 2 provides as follows: "From and after the passing of this Act, if any person shall wilfully discharge, or attempt to discharge, or point, aim, or present at or tried under this statute for firing at the Queen was tried for a common assault, and sentenced to eighteen months' hard labour (ib. 1382). A few days after Bean's attempt, Sir Robert Peel, with the approval of Lord John Russell, introduced the measure which became law as 5 & 6 Vict. c. 51. (Ann. Reg. 1842, Hist. 207209; Hansard, vol. 65, pp. 19-28, H.C., and 40 Geo. 3. c. 93. by providing that all cases pp. 166-171, H.L.). Section 1 extends 39 & where the alleged overt act of treason is an "attempt to injure in any manner whatsoever the person of the Queen," shall be tried with the same procedure as an ordinary murder. The (b) Attempts to wound or injure the person object of section 2, set out above in the text, was of the sovereign have been treated as overt acts to provide an alternative method of dealing with of the treason of compassing the King's death such offences without giving the prisoner the under the Treason Act, 13 52, 25 Edw. 3., st. 5., notoriety and importance conferred by a trial c. 2., and were made substantive treasons by the for high treason, and also to punish more adeTreason Acts of 1795 and 1817, 36 Geo. 3. c. 7. quately attempts, such as Bean's, not technically and 57 Geo. 3. c. 6. Trials for such offences amounting to treason. Referring to the whipwere formerly attended with all the formalities ping provisions, Lord John Russell observed and notoriety of trials for treason. In 1800, while the Bill was passing through Parliament after Hatfield's attempt on the life of George that, as this new crime of endeavouring to III., it was provided by 39 & 40 Geo. 3. c. 93., frighten and alarm the Queen was the offence that where the alleged overt act of treason was of base and degraded beings, a base and degradthe assassination of the King, or any directing punishment was fitly applied to it. On June attempt against his person, by which his life might be endangered, or his person suffer bodily harm, the case should be tried with the same procedure as an ordinary murder. Oxford was 391500. Wt. 27042. 14th, 1849, William Hamilton pleaded guilty to an indictment under the Act for presenting and discharging a pistol loaded with gunpowder at the Queen, and was sentenced to be transported A |