The Nelson Evening Mail. TUESDAY, OCTOBER 22, 1867.

Nelson Evening Mail, Volume II, Issue 248, 22 October 1867, Page 2

The Nelson Evening Mail. TUESDAY, OCTOBER 22, 1867.

The fate of the notorious Bertrand, that victim, as a French novelist would style him, of *la manic erotique, 7 who is now lying under sentence of death, is under consideration by the Executive Council of New South Wales, who have a more difficult task thau usual to perform. The decision, of the Privy Couucil is, as we have already stated, adverse to the prisoner, and upholds the opinion of the Chief Justice of the colony, Sir Alfred Stephens, bat it was accompanied by remarks which will no doubt have their proper weight with those who have to decide finally as to what shall be tbe ultimate fate of the criminal. Without going the length of stating that the reading of the evidence takeu at Bertraud's first trial necessarily implied a miscarriage of justice on the second, the law Lords of the Privy Council were unanimous in setting their faces against such a procedure, aud for this reason, since the recurrence of a similar contingency is more than probable it is important that especial notice should be drawn to this peculiar feature in the case. They say in their decision that the most careful notes must ofteu fail to convey the evidence fully in some of its most important elements — those for which, the open oral examination of the witness, in tbe presence of the prisoner, judge, and jury, is so justly prized. It cannot give the look or manner of the witness; his hesitations, his variations of language, his confidence and precipitancy, his calmness or consideration; it caunot give the manner of the prisoner, when that has been important upon the statement of anything of particular moment, nor could the judge properly take upon himself to supply any of these defects — who indeed will not be the same on both trials. It is in short, or it may be, the. ' caput mortnura,' the dead body of the evidence without its spirit, which is supplied when given openly and orally, by the ear and the eye of those who receive it. Such a decided opinion as this will no doubt carry great weight in preventing the recurrence of a practice so dangerous to the proper administration of justice. Few will, we imagine, deny that Bertrand deserves the extreme penalty of the law; but in view of the opinion of the EugHsh judges we can hardly suppose that the Sydney Executive will decide on the hanging of this criminal; and even should they do so, there can be little doubt that the Governor would exercise his prerogative of mercy. It is of tbe utmost importance that the administration of the criminal law should be carried out without prejudice to criminals; and it is for this reason that we should regret to hear that Bertrand haa been executed after the opinion which has been passed upon the peculiar features of his case by so high an authority as the Privy Council.