Star. — London, England, 1812-02-11 00:00:00

WWI SPECIAL COMMISSION. HOSSSIbIONGER•LANS, MONDAY, VEIL la This morning the Court met, in pursuance of ad j:nrnment from Monday last, for the purpose of pro ceeding to the Trial of the Twelve men taken pri soners at the Isle of France, the p trticulars of whose offence have already appeared before the public. At an ratty hour all the avenues leading to the Sessions Douse were crowded to excess; and great was the anxiety to obtain admission, that a very considerable body of constables, who were assembled on the occa si, n, could scarcely prevent the throng from bursting into the Court before the arrival of the Judges. At ten o'clock, Lord Chief Baron Maeooslato and Sir 'S. LE BLANC arrived, when, lVilliant Cundell, alias Connell, one of the prisoners, was put to the bar; but so great was the clamour wising from the crowd endeavouring to force their way into the Court, which was not sufficiently spa cious to hold one-tenth of those who attempted to gain admittance, that nearly half an hour elapsed be- , lore Mr. Knapp, the Clerk of the Indictments, could proceed to call the Jury. At length, however, the following Gentleme n too k t h e i r p laces, - after many bad been challenged by the prisoners' Counsel : William Moline of Battersea-rise, Esq. John Layton, of Putney, E.q. Lomas Walk.r, of Upper Russell-street, Bermondsey, Glue maker. George Dewdney, of Dorking, Banker. s Stringer, Camberwell. Joseph Lucas, ot Upper Tooting. Edward Mailer, of Banstead. Clarks Ansyll, of Carshalton, Miller. • Ceotge Smith, of Croydon, Ironmonger. Henry Gilbert, of Commeree-row, Christchtirch, Grocer. Robert Hayward, of Barnes, Esq. and Anthony Brough, of Clapham, Esq. Merchant. Previons to their being sworn, Mr. BROUGHAM, Counsel for the prisoner, put in an affidavit from Mr. Harmer, the Solicitor of the prisoner, which mated, that a Captain Willoughby, now lodging at the Sa lopian Coffee-house, was a material witness, on be half of the prisoner, as well as on behalf of the other prisoners, charged with the same offence ; as he could prove, that force was used by the French to induce the British prisoners of war to enter their service, and that one man was executed for refusing so to do. This Gentleman, however, was so ill that he would not be able to attend for some time. Mr. Brougham expressed a hope, that the Court would, under these circumstances, allow such a delay as would enable the accused to have the advantage of this Gentle man's evidence, which he deemed actually essential to thelr interests. Baron MACDONALD said, the affi.lavit was in itself .so wholly defective, and of such a nature, as not to warrant the Court in complying with the request of the Learned Counsel. The Jury was then sworn, and the indictment read to them. It stated— " That on the 7th of August, in the 49th year of the reign of his present Majesty, long before, and from th,tice hitherto, a war existed between his lailajes• y and France • that the prisoner, well knowing the same, did w it hdraw his France; from the King of Great Britain, he being one of his Majesty's subject., and did aid and assist, to wit, on the Ist day of Deettn , er, in the 49th year of the King, in the Isle of Fr.nice, the said isie bet .g in possession of the French, the said enemies, in citt-nce ot the said Isle." The first overt act charged was, that he did, un lawfully go from a prison, in which he was confined, and did join himself to divers Frenchmen, and with them did serve as a soldier in the service of France. Next. that he wore the uniform of the said soAiei s. And, lastly, that he, did unlawfully assist in keeping and guarding divers prisoners, liege subjects of his Majesty, confined as prisoners of war in the said Isle. Mr. ABBOT T having opened the case on the part of the Croa n, The Arronsav-GEsinaL, in addressing the Jury, stated, that the prisoner was indicted for high trea son, under the act of the 2.5 th of Edward the Md. by which, in consequence of an amendment made to it, in the 35th of Henry the VIII. persons charged with such crimes as that imputed to the pris( ner, could be tried by such a commission as that by which the present Court was appointed. The facts charged against the prisoner were plain and simple, and the legal result, he had no doubt, would be equally in telligible. The prisoner was born in allegiance to his Majesty, in the neighbourhood of Dublin, and was a. subject of Great Britain. He entered on board the Laurel sloop of war as a sailor, and was sent! with her on the expedition against the Isle of France and Bourbon. It so happened that this vessel, after a desperate engagement with a French frigate, was forced to surrender, and, together with the crew, amongst whom was the prisoner, was taken into the Isle of France, where the crew was placed in capti vity ; not long after which the prisoner agreed to enter into the French service, provided he was' allowed to go at large, and was accordingly libe- rated. Upon these terms did he ewer as a French soldier, wore the French uniform, consorted with the soldiers of that nation, and personally acted AS a guard' over his own countrymen. This last fact was con sidered the grossest insult by the British prisoners, and, in consequence of their application, the prisoner was removed. The Learned Counsel then proceeded to call witnesses to prove the facts alledged : Joseph Worth stated, that he was a shipmate with ' i the prisoner, on board the Laurel, when she was taken by the French, and carried to the Isle of Bour bon. The prisoner had informed him - , that he was born at the Sheds of Clontarf, near Dublin. He, along with Eimsei, and the rest of the crew, were rat in confinement in Port Louis, and in about three months afterwards, though he di.l not see the priso rer liberated, he saw him at liberty, dressed in a , Fr..iich soldier's uniform ; namely, white turned up s with blue. The prisoner continued at large in this manner, doing duty as a French soldier, until the island surrendered to the British forces. Witness, himself, entered the French service as a soldier, and wore the uniform. ' On his cross-exanination, he admitted that he was liberaied at the same time with the prisoner. The prison in which the crew had been confined, was on the ground-floor; and the crews of two ships were sonhned in one room. They were very much an- Toyed with vermin. He never saw so much vermin in any place before. When he deserted fo the French /el vice, he was in a state of intoxication, and, he ad mitted, that he was threatened, if he went back to the English, with something that would not be good far him. They kept him from going back, for that reason. On Ilis re.etamination by Mr. GARROW, he said, that before he and the prisoner had deserted, there had been French troops coming frequently to entice the mon out of prison. He could not say exactly how long the prisoner was at lat-ge, but the Laurel was captured on the 2d of September, 1808, and it was about three months alter that the prisoner left the prison. Mr. BROUGUAN! here interposed, and said, that this part of the charge, which imputed to the prisoner the fact of leaving the French prison at the Lime spe cified, must fall to the ground, as three years had elapsed since the circumstance 44ccurred. The Court agreeing that evidence to that point could not affect the prisoner by law, now desired, however, that evidence to the rest of the overt acts, charged against the prisoner, might proceed. Thomas Mitchell, Master at Arms, proved, that I he had heard the prisoner say on board the Royal ‘Villiam, when in confinement, that he was bred and born an Irishman. Captain Woollcomhe, of the Laurel, proved that 'the prisoner was one of his crew, when his ship was taken into the Isle of France. He himself remained there seventeen months, but was removed by cartel before the Islan'd was taken. He was on parole eleven months, but for six months afterwards in close confinement ; while on his parole, he saw the prisoner every day, and often met him walking about the streets in French uniform, with the French soldiers ; and 'after he was put into confinement, saw the pri soner as one of the French guard placed over him.— He certainly saw him wear his side arms. Fifty of the British pi isomers had entered the French service. When the Officers were sent into confinement, some of the men who had entered the French service were part of the guard over them. They remonstrated on having traitors to guard them, and they were re moved. Lieutenant Robert Perceval Brcretnn said, he had been a midshipman on board his Majesty's ship Sea fl which was taken and carried into the Isle of France, by the French frigate La Manche. He was on his parole at first on the island, but afterwards put into close confinement : it was in December, 1808, and he remained till June, 1809. He saw the prisoner there in French uniform, but did not know him until he was pointed out to s hirn by some British Officers, and he noticed him at the time, and fre quently alterwaids, in order to be able to speak to his person if any frame occasion should offer. He wore the French uniform of a particular corps—red turned up with green, and he wore the national cockade ; he saw him as a sentinel over himself and his br ah,r Officers ; witness had frequently noticed him pointing with Ifs finger at himself and other British Officers, laughing at them, and endeavour ing to make them look as contemptible as possible in every way i , e could, and that in the presence of the French. He always gave the military salute to French Officers,- but never any salute or mark cf re spect to Br ittsli Officers, meet them where he might. James Longstreeth, a private marine in the Laurel, proved his having known the prisoner, and having seen him frequently wear the French uniform, coc kade, and side arms. Sev.ral other witnesses proved that the prisoner wore 'he French uniform, and acted as a sentinel. !• On the part of the prisoner, the name of Captain Willoughby W. 13 now repeatedly called. The ATTORNEV-GENERAL said, that, anxious as he felt that the prisoner should have the benefit of every test'mony the contri,l <I - Government could ob tain fi.r him, he had sent for Captain Willoughby to his lodgings, at Charing-cross. That Gentleman had accordingly come to the Sessions-house, and he believed had seen the prisoner's solicitor, in the pre sence of Mr. Cock, the messenger, who had gone for him, and who now, if sworn, would explain the result. Mr. Cock said, he belongs to the office of Mr. Knight, agent for the Admiralty ; that he went with a coach to Capt. Willoughby's lodgiugs, and brought him to a convenient room in the Sessions-house ; that he had seen Mr. Harman, the prisoner's solicitor, 1 and conversed with him. He was much indisposed in his eyes. Wi• ness heard Mr. Harman intreat him to stop and be examined ; but the Captain answer ! ed, he would not stop for any man t he had but a quarter of an eye left, and he should lose that if he staid any longer. I Mr. BROUGHAM then addressed the Jury on behalf I of the prisoner at great length. He set out by con ! juring them to receive the evidence in a case involv ing so many serious consequences to the prisoner as the present, with the greatest caution. After expa ; tinting on the many barriers which the law of high i treason had placed around the life and liberty of the j subject, he proceeded to examine the testimony of the several witnesses, He contended that the testimony of Lieutenant Brereton ought entirely to be put aside, inasmuch as he had been contradicted by all the other witnesses for the prosecution, in respect to the uni form which he stated the prisoner to have worn. He must infer from that circumstance that he had mis. taken the prisoner for some o.her person, and couse quently that part of the prisoner's conduct, namely, his insulting and jeering 'conduct to his officers (which he contended was the most serious part of the whole evidence) was without any foundation. All the other witnesses had stated the prisoner to have j worn a white and blue uniform. Having, then, com mented upon the evidence of the remaining witnesses, which he asserted was by no means of so conclusive j or satisfactory a nature as the magnitude of the charge required, he proceeded to direct the attention of the Jury to the motives by which the prisoner had been induced to swerve from .the strict line of allegiance to his Majesty, and to adopt a course apparently so inconsistent with every feeling of honour and loyalty. He drew a glowing picture of the miseries to which the unhappy prisoner and his companions had been exposed—confined iR a dungeon swarming with ver. rnin,and kept upon an allowance of provisions scarcely sufficient to sustain existence, together with a variety of other hardships, too numerous for detail. From such wretchedness as this, it was not surprising that men, not possessed of the most refined feelings, should attempt to escape ; and, as the first step to wards an end so desirable, t 3 get without the walls of their loathsome prison by the only means which offered, namely, the trick of entering into the French army, with a view, not alone of procuring the means of alleviating their own distresses, but of rendering assistance to their countrymen in thraldom : this, he argued, bad been their only motive, dui only feeling by which they bad been actuated—a Fact wa; sufficiently proved by the words of the capitulation, to be found in the London Gazette containing the .particulars of the success of the British arms ; there it was specified, that the French troops and their fa milies should have the opportunity of being conveyed to any port in France, and, in consequence of that sti pulation, to the disgrace of Great Britain, he had to lament that several British subjects had accompanied the enemies of their country. The prisoner, how ever, did not avail himself of that liberty, but with a zeal highly creditable to himself, seized the first op portunity of quitting a service which he so thoroughly hated, and submitting himself once more to the di rection of British officers. Under all the circum stances of the case, he trusted the jury would agree with him in thinkiug that the charge against the pri soner had not been fully substantiated ; that there was considerable doubt he was satisfied they would admit, and concluded by exhorting them to decide upon the fate of the prisoner with that mercy whielt ever marked the proceedings of a British Jury. The first witness called was Edward Reynolds, who stated, thaz he was in confinement with the pri soner at the Isle of France, and had belonged to the Laurel. He described the prison as floured with flags, and furnished with planks and guard-beds.— They had short allowance of every thing. He could not say he knew that prisoner attempted to escape r e fore his liberation and going into the service of the French. He was confined afterwards with the priso ner in the Isle of Paz, by order of the French Com mander, but this appeared to be for some miscon duct in staving a water-keg, and striking a French Corporal. Witness was present when the prisoner surrendered alongwith him to the British troops. After the capture of the Island, he had given himself up voluntarily, as soon as he was able, after being libe-' rated with the other British from his confinement in the barracks. George Armstrong, one of the mes indicted along with tire prisoner, was next examined. He said he had been taken in the Laurel : he said the prison was poisoned with insects and vermin, and that they had short allowance of food, bet enough of water.— When the island was taken by the British, the French came into the prison and beat the prisoners, and treated them cruelly, because they had refused to do duty or work. When the English first appeared off the island, and departed again, the prisoners endea voured to obtain their liberty, when a party of ma sons and carpenters c erne to fasten the place ; lie was present when the prisoner surscndered himself voluntarily to the British ; only about twenty or thirty British prisoners went to France: they had been cannoniers. Mr. GARROW declined cross-examining this wit ness, as he was indicted for high treason himself, uu. der the like circumstance-4. Jame, Phitbr, another of the indicted prisoners, gave testimony much to the same purport. Mr. JERVIS declined cross-examining him, for the reasons before mentioned. William Arthur, a marine, knew *Donnell on board the Royal William, where the prisoner and his fellow-prisoners were confined under his guard ; and he heard *Donnell say, that he would keep a pub lic-house with the blood•money. The prisoners were looking out front the place they were confined in at the time. He did not know what *Donnell meant by blood-money. He bid h'm go away, and struck him with his cutlass, for which *Dounell brought him before the Lieutenant on deck. Mr. BROUGHAM now p ut in the London Gazette Extraordinary of the 15th February, 1811, to prove the terms of capitulation on which the Isle of France surrendered ; and that one condition allowed all the soldiers and sailors in the French service, without ex ception, to go to France ; a liberty which the pri soner rijected, and preferred surrendering to the British. Mr. Jolts then addressed the Jury to evidence on behalf cf the prisoner. TheATrottNEr-G EXER A L, in reply, particularly ad verted to the conduct of Government, in having used every possible means to afford a fair and impartial trial to the prisoner and his companions, for procu ring►, at their own expellee, every witness within their reach, whom the prisoners had pointed out as essen tial to their defences. It was not his intention to fol low the able and eloquent speech of his Learned Friends (Messrs. Brougham and Jones) through all their bearings, but should confine himself to the sim ple and plain facts for the consideration of the Jury, namely, whether the prisoner, having been discharged from custody, did not enter the French service, wear the Frenckuniform, and act as a guard over his countrymen ? These facts had been most indisputably proved, and therefore the legal result must be drawn, that he had been guilty of high treason, by adhering to the King's enemies. The acts of treason being thus substantiated, the next question was, as to the excuse which could be offered in extenuation of the crime. No legal excuse could be received, but the proof of .his having acted under the fear of death. This maxim had been laid down by Judge Hall, Mr. Serjeant Hawkins, Mr. Justice Foster, Ind every other Judge in the land. in the production of such proof the prisoner had failed, and consequently must be found guilty to the full extent of the crime imputed to him. Baron tvlircooNALohaving summed up the evidence, the Jury retired, and after a short consideration, re turned with a verdict of Guilty—lleath. They, however, recommended the prisoner to mercy, upon the ground of his having returned to his allegiance when the opportunity offered. The Court then adjourned till to-morrow (this day). Fl n Yesttr day, at one o'clock, a fire broke out in the house Mr. Archer, Kirby -street, Hatton-garden, which consumed the upper part thereof, and, melan choly to relat., the father of Mr. Archer perished in the flames. A Miss Glass, the daughter of respectable parents at Chelsea, was drowned by falling into the Thames, on Saturday night; in attempting to dip some water she over -reached herself. The body was found near Battersea-bridge on the following day. F. Geyette, a French prisoner, lately employed as a servant on board the Pegase Hospital ship, has been released and sent to France by the Transport Board, as a reward for his exertions in jumping overboard to the rescue of the cook and boy of the HYDRA frigate, wbea upset in her boat is Porchestee Lae. zbNbeßeff, FEBRL'Ar HIGH COURT OF JUS TICIARY. We have already noticed the commencement the trial of John Lindsay Crawford, some time of Ducli gannon in Ireland, and James Br idiey, so me ; schoolmasier and clerk at Castle Dawson, coun t ' i f Lond , nderry, Ireland, acc u s e d o f h aving f rpd , falsified certain writings, for the purpose a su pp Ct ing a claim made by th e sa id J o h n Lands i t' ford, under a brieve from Cl•ancsfry, directed to d i ; Sheriff - of Edinburgh, to b- sod lawf u l and ne,,e,,-t heir-male of John Crawl , r, first Viscount Catuck— his great great grand-fathe d r. Ihe following is a sketch of the circumstance's/ this extraordinary case : Crawford, one of the prisoners, was a schnol t e ssier and some time a serjeant of militia, in the ncirth Ireland, the other was also a schoolmasex, an d tiro were it timate with a person of the name of Falterer. who, likew'se, folk wed the sane lac& ssiun, s, time after the cli-ath of die late Earl if Crawford te e pros nice, John Lindsay Crawford, suppo s i ng matt relation of, the late Lail had lived as stew.cd, at Castle Dawsim;thought that if he could prove a Fre . pinqu ty to him, he might, by that meas, 06 4 , the E Adorn, and certain estates in Ayrshir e; ; , 11. , ft , this purpose he got possession of tome old d,d,, which t h e names of James Craw ft rd, • nu . . n j nior, were inserted, the former of whom isac ;a to the late Viscount Gat nook. Having submitted t.., 4 tG his associat s, Bradley and I inning, lierivmej to Kilhirnie, in Ayrshire, an 1, in the handi of a d e. scendant of a former f actor, he found and-old letters. These were transmitted by a uary messenger, to Braille*, who with the assi t am 4 Fanning, deleted certain passages in the letter, substituted something relative to thii Jameseraw. ford, and for the names of some of the stea m. which were also deleted, that of Crawford was 14 6 wise substituted. Tne singular ingenuity displayed in these alma. Lions, struck every one who hid access to see the p. pees, the hand-wriiing and colour of the ink b e ;, not only most successfully imitated, but the fabric the paper, though old and worn, was preserved . tire and uninjured. The papers had, in fact, sem . the appearance of genuine deeds, that the deep t was in part completely successful. At this jaw" Fanning, to whose dexterity his associates Men I debted fur the success of their plans, turned fia6 evidence ; and having made a declaration beige& Sheriff; irstOriated to Crawford's agent the Ede the circumstances. In consequence of Fanning's is. formation, Bradley and Crawford were soon aftrr prehen.led ; and the declaration emitted by & opened a scene of the most deliberate fraud. Several witnesses were called in cutroboratise the declarations ; and the exculpatory eviilenceasa 'proved the good character of the prisoners mo os to this trans iction, and the bail character of Fateirg, the witness, on whose evidence they were coarickii. The point chiefly imistcd on by the prisoners' Caw sPI was, that, as no p itrimonial interest was no crime was committed. heJury wer • inclined at half past seven o'clock of Tuesday morning, and yesterday returned a verdict of Guilty ; on whiCh Lord MEADOWIANIL, 010 tie. sided, thanked them for the'unwearivdAttentionehick they had paid to the case, and for the immune Iskill'with which they had made up their verdict. No objection being stated by the Counsel for the prisoners, the Lords proceeded to deliver their cps nions, and after expatiating fully on the enormity ci the crime, Lord NI EA nownANK delivered a soon able exhortation to the prisoners, and sentenced to 14. years banishment beyond seas. The Court was uncommonly crowded. The of Wemyss and Lord Kinnaird were accomm with chairs on the Bench ; and the Bishop of was seated within the Bar. The Judges were Meadowbank, Lord Hermand, and Lord W houselee. The Lord Justice Clerk declined sittin in consequence of his relationship to the Noble F mily cf Crawford ; and Lord Armadale was ted from attending by indisposition. A meeting was held on 'Wednesday, at Briedirl the nrmination of a candidate to succeed Me. Bu Liu, who has announced his intention to retire fru :he representation of that City. Sir S. ROMILLT Mr. Paornetton were proposed, but the meeting di persed in conselu2nce the a tumultuous toad** persons present. A pressgang, with men frA Kintswood, crews of different vessels, and a nimbi of hired workmen, obstruc ed the proceedings, u seemed determined that no one should be beard. Numerous Letters daily arrive in Town to the tery Offices, complaining of a want of the usual) mittances to the Country of Tickets and Shawl the Scheme which stands so near at 4sue as Team Isinxr. The cause obviously is—:.that a Lovert only 8,000 Tickets, yet so interesting as to tarp . Prizes of £20,000, with other important Cara! will scarcely be sufficient to srpply the WM° and consequently not to admit of the accitstomalle mittances to pruvincial Agents. Rto rs, AT NOT TI NGH .4 M. Saturday, Felforyll' It s is with greAt pleasure we state, that the delis tion of frames this week has been much kss doll of the last. Lawast FROM Lunn.—The following is :rot copy of a letter stated to have accompaied 'bi ll tamed articles which had tern stolen at do* when the frames were broken at Clifton : 1 Unknown Stranger-1 have intrusted these Ankles WI 0 Care and I do insist that you will see that they ate i tlitigri ll' their respective ones' it is with extream Reprat that I 0° you hcw they Came into my bans when I came out Inter men their we r sum joind us that I ,fiver had ad with aid :t wear thee Villinds that plundred but es et wee° out of Chiron one at my Men came and told me that bolt that those Men ad ant somethitick that they had so 11•11 0 .1 1 th.irtore gave horderb that ally aliould he searched we found nn Ohm we left the thins at tllCLOlVilknd Sag= i that the over. has a ct a g en we were gust sea are We': one nt rbe Villcvds when we weir informed that theSoMelw at hand and we rh t it Right to Retreat. , i i N. 13. The N len tb.it had the avant. were entire lir . ,_,r•w" - M Y bottlers Or they Never ciworx not have incl.'d cataull , n„ they have been atunt.htd In, their vileny for one of 00; beta barged f ,r 3 hia•net and then Let down agars lit.% to the pore and Distrest and a enemy to the opriell.w— t;an (signed) Hltai WATEK Al LONDON 'MIDGE ____ ________ _ Morning... Afternoon 4 4 1 I.I.OODUN t Yrantrd by Lyral. Kim/ . 1' p AbLshai there, sa4 dbe Star-04:14. I I lto der th e • ten the ! - sti ton Nei be i