Star. — London, England, 1817-09-12 00:00:00

INTERESTING TRIAL. cal. (From the French Papers.) ASSASSINATION OF M. FUALDEZ. RODFZ, COURT OF ASSIZES OF AVEYRON, Aso. U. This trial has already lasted several days, and is not yet concluded. The following is a summary of the facts extracted from the indictment.—On the 19th if March last M. Fualdez, late Magistrate, was stopt about eight o'clock in the evening at the corner of the street Hebdomadiers, by persons who gagged him, and carried him to the house of one lfiancal, where he was stretched upon a table, and had his throat cut with a butcher's knife. His blood, being received into a trough, was given to a pig to drink, and the quantity which it was unable to manage was thrown into—. Some five franc pieces were found', upon the deceased, which were given to the wife of ' Bancal by the murderers, in saying, " Here, take this; we do not kill the man for money." The body of the deceased was carried about ten o'clock the same night by four individuals, followed by three others, two of them armed with fusils, and thrown into the Aveyron. The body was seen floating next day upon the water, was taken out, and recognized. The young children of /Local, who were believed asleep, had heard and seen all through the curtains of their bed. They tecounted every thing they wit nessed. The assassins had posted at the corner of the streets people who played on a noisy instrument to prevent the cries of the victim from being heard during his immolation. On the following morning several of the assassins robbed the tothe of Fual• dee of various effects. The act of accusation marks gut as chief of the assassins, Sieur Bactixte Gramont, who owed 10,009 Irene% to the unfortunate Fualdez, and who, being pressed to pay the debt, on the 19th of March, the day of the murder, about five o'clock in the afternoon, said, E. Do vu believe I wish to defraud you ? I shall take means to pay your bill this evening." In three hours afterwards M. Fualdez had his threat cut. Among the accomplices were Bancal, who has died in prison since his arrest, BA:, Bousquier, and Baptiste Colard, who, along with Blacat, carried the body. Three fusils were found in the house of Colard. Missonnier and Jausion ac companied the body to the river, Anne Benoit sup plied the handkerchief. for a gag, and Dames Jausion and Guiltier aided in the robbery of deceased's house. The 19th, 20th, and 21st of the present month were occupied in the examination of 59 witnesses, who, by deposition more or less important and often contradictory, left on the affair an encertainty tor mentieg to humanity. At last Madame Manson, who enjoys a good character at Itodex, hut who since the commencement of the present trial had been reported to be in the house of Bancal during the as j insulation, %ens called. The name was no sooner heard than a breathless silence reigned in the Court ; the most lively interest was universally felt when Madame Manson made her appearance. The Attorney-General, after the usual questions, addreised a touching exhortation to the witness.-- ~ The public is convinced," said he, I , that you were carried to the house of Banes' by accident, and against your wil . You are regarded as the angel destined by PItOVIDUCZ to clear up this hOrrible mystery. Although there should have keen on your part some weakness, the declaration which you will make, and the immense service you will wader to justice, will dispel the remembrance of it." The President to the woman Basest...Do you know that Lady ? Madame Manson turned rapidly towards the pri. soner, and raising her veil, asked with a firm tone— Do you know me ?—No. Why President to Madame M.—Do you know the prisoner ?—No. I atv r saw this woman. The President to Bastide and Jausion.—Do y ou know this Lady ?—Jausion—No ; I only know her by seeing her at my house once s or twice about five in. nibs ago, paying a visit to my sister-in-law, Ma dame Pons. Madame Manson.—How then bad he the audacity to salute me in full Court f—Bastide.—l only know the Lady by having met her once on the highway. The President exhorted Madame Manson to de elsre the truth, and tell what she knew of theessassi nation of M. Fualdtz. _ . Madame Manson threw an expressive glance on the prisoners, and fainted away. She was carried out of Court to a terrace before the palace a the most solicits attentions were lavished upon her. There she recovered her senses, but fell into the most violent movulsiosts. She then screamed with a terrified air. Kid my sigh(of these assassins! She repeated this esciamation several times. The sitting was suspended. It was announced that she was ready to re-enter, sod she was conducted to the witnesses' box. The-President, addressing her with great mildness. .—Now, Madame, endeavour to compose your imagi nation. Be not afraid. You are in the sanctuary of justice, and in the presence of the Magistrates who will protect you. Declare what you know. Cheer up. What have you to tell us Were you not a witness of the assassination of M. Fualdes I—l was never in the house of the woman Bence]. (Alter a moment of silence) I believe Jausion and Bastide were there. If you were frot present, why think you sot--By the anonymous cards that I received j by the steps they took with me. Do you know the hand-writing of these letters I know neither the writing of Jausion nor Bastide. I believe one of these letters is a letter of their counsel. Of whom —Ot M. Arsaud. They came to me to make me retract the first declaration I made at the Prefecture. Madame Pons, in particular, the sister of -Bastide, came at nine o'clock in the evening. and remained with me till one o'clock in the morn ing. endeavouring to persuade me. What did you promise.to Madame Pons ?-4 pro mised to retract my first declarations, because they were false. I had said that I was in the house of Blocs), where I never was. You have told us your fist declaration was false; you know nothing, therefore, about Jausion and Ba stide. How could you then say you believed them conjecture.. Then turning to J aus i on talky ?—By she said, when a man murders his children, he m a y murder hit friend, he may murder any body : then a dd ress ing herself to Jausion, in a firm tone, it is you I am looking su How solder his children l—abe affair is arranged, but ;Iskpublic will mot be duped. Hate you no other reason for your belief than this 4 aT.ir ?—I aeverlras at the boost of will answer for that on the scaffold. This is not what you said to irreproachable wit nesses, who can be called. We shall call your cousin Rodal. I will support every thing he says. I have made imprudent declarations ; I retract them. I promised so to Pens; they were forced from me by a (ear for the life of my father. Did you but know how I have been menaced. The President, in the moist pathetic tone—ln the name of your unhappy father, torn by a thousand anxieties—in the name of justice—in the name of humanity, whose ties have beenbrokert by a crime which alarms all society, I conjure you to declare what you know. Why would you betray the troth Yes, if you had a weakness to reproach yourself with, your declaration will re•establtsh your character in , public opinion. See with what attention we listen to you. Speak then, speak. The public, astounded at a crime committed on the person of a man whom you have known, of a Magistrate who sat by the side of your father, demands nothing but the triumph of truth. It will cherish you—it will exalt you to the clouds if you reveal the true criminals. Prove that you have been brought up in the love of justice, shew that you love it, and that you cart obey itt dic tates. Remember that you have often spoken in your letters of the honour of your family—that this honour can never ally itself with perjury, and that the wound which you may now inflict upon it can never be healed. Speak out, daughter of E—, speak, daughter of a Magistrate. During this speech the countenance of Madame M. changed by degrees, and at the last word: she again fainted. When she hcgan to recover from her swoon, she saw by her side M. Desperieres : push ing him away with one hand, and extending the other to the sword of the Marechal de Camp, she exclaimed, you have a knife, and again fainted.— She recovered her tenses, however, without leaving her seat. The PresiJent again, after having endeavoured to sooth her feelings, and to calm her imagination, re quested her to speak. Ask, said ,he, of Jausion, if he saved the life of a woman at the house of Bancal I—No, Sir, L never saved the lite of any one. The eyes of the prisoner met those of the witness; she turned round towards the President, exclaiming—Great Goa! There was a woman in the house of• Bence' ; Bastide wished to kill her, but Jausion saved her But, said the President, they both deny that they were there. Madame M.—Bastide and Jansion not there ; Ask Bausqttier if he knows me ?—rSousquier denied having ever seen her before. The witness being ask ed it she knew Bousquier, said she did not. She spoke incoherently, and again fainted. She had heard, she said, that a woman w.as in the house at the time of the murder, and was concealed by Bancal. Where did they conceal this womac—:n a closet Tears fell from the eyes of the witness, and she said, yes, in a closet—but denied that she was that wo man ; declaring, at the same time, that Bastide wished•to murder her, but was prevented by Jausion. She said she had received addresses of certain houses, which she was requested by the Prefect to visit for the purpose of making discoveries, but she was afraid and refused. She was afraid of finding persons be• longing to the family of Bastide in her visit. Then casting an incensed glance at the prisoner, she said, •' They made a terrible oath ova the dead body ;" I ask Jausion if the woman whose life he saved was not Madame M. (the witness) ? The Marechal de Camp, who attended the witness when she was carried out in a swoon, was examined, and deposed, that when she returned to herself she exclaimed, save me from these assassins ; they will destroy all the honest people in the Department; let me be examined, and I will speak the troth. M. Fualdez, the son of the deceased, interposed and said, the witness is frightened at the sight of poniards, and still more at the presence of the assay sins of my lather ; let eight volJiers be placed be tween her and the prisoners, to shade them froth her view, and to secure her against apprehended danger. He conjured the witness then to speak the truth in the name of his father. The line of armed force was placed as requested. The President then asked her if she was in the house during the assassination. It snide intcrruped the President, and denied being in the house of aims!, whatever might be said by Madame —. The witness then stamped with her foot, and cried out, Confess, wretch! All hearts thrilled. After sbme moments of gloomy silence, the President said, how can you accuse these men so strongly, and not declare you were is the house ? They cannot deny it, there are so many witnesses against them. Why do you fear the voice of Bastide? Why do you tremble when you hear of the dead body of Fualdes and the fatal knife ? She then said she would adhere to her declarations before the Prefect. Evidence was given as to her saying, after the mur der, that she was in the house of the assassin at the time in which it was committed; that shelled the charge on the prisoner at the bar; that she said she had been sworn not to reveal the crime, and that gra titude for having saved her We, combined wi:h the obligation of an oath to prevent her from giving tes timony against one of the accused. Madame M. ad mitted the truth of the whole of this evide n c e in Court. She again, however, retracted when con fionted with the prisoners. The Prefect of the De partment, and M. Clemandot, Aide-de.Camp to Ge neral Vautri. declared, that she had stated to them her knowledge of the murder, and its perpetrators. The Prefect delivered to the Court a great body of letters and examinations which he had rcceived from Madame Manson on the subject, equally contradic tory and incoherent as her verbal depositions in Court. The letters and other docorneuts ate very curious and interesting, but too long for insertion The trial has lasted ten days, and is nut yet concluded. The Largest Prize in the Lottery drawn on Wed nesday last—viz. No. 2,377, entitled to TWENTY THOUSAND POUNDS Meng , ; also No. 633, a Prise of 0200 Amy. were sold in Shares to the Public at Stvswarour's Fortunate Offices, where the Holders of the several Shares may instantly receive the value. Another Grand Lottery (1+,200 Tickets) will com mence drawing the 7th of NOVIIIIINA, containing the unprecedented Number of Six Noble Prises of £20,000, with various other Capitals, and no atom than On Blank to about Foos Plums I EAST INDIES. SHIPPING CAS/. The following Report of a Cue tried in the Ad miralty Court of Fort William, on Tuesday, the 4th of February, 1817. is most important to the interest of the Owners of Ships engaged' in the East India Trade. GEORGE COLLIER, FOR HIMSELF, AS WELL Al FOR OUR SOVEREIGN LORD THE RING, V. THE CUTTER DISPATCH . The case was opened by Mr. MACNAGHTEK, who read the libel, setting forth that the cutter Dispatch, belonging to the port of Calcutta, and bound to Bombay, owned by British subjects, and commanded by a British Captain, did take on board indigo, rice, red wood, and sugar, without having previously given a bond, in terms of the 12th Charles 11. C. 18, s. 18 and 19 ; thereby incurring the penalties an• need to the breach of the aforesaid enactments. The libel concluded in common form. by calling upon the Court to confiscate ship and cargo, in terms of this statute. The facts libelled being admitted, Counsel were heard on the part of the Crown, and for the defence; when The Honourable the Cuter Justice began by ob serving, that when he reflected on the great political, as well as commercial interests involved, in the pre sent question, it might have seemed desirable that the Bench should defer giving judgment until the Judges had taken an opportunity to reconsider all the Acts of Parliament, in connection with the learned and able pleadings, which had come Irons both sides of the Bar. But as both he and his Honourable Col leagues had devoted much time and attention to the subject, since the question had been first started, his Lordship felt, that to delay pronouncing judgment for oue or two days longer, would not enable the Bench, occupied as it was try a pressure of other busi ness, to give a maturer opinion than that which they were already prepared to do; and would, his Lord ship apprehended, lather savour of affectation and parade, than be productive of any real advantage; and to delay their judgment for any length of time, would necessarily aggravate the inconveniences and uncertainty under which the Mercantile lutesest has 'laboured tor some time past. Hits Lordship observed, that with respect to the ultimate decision, there could be no doubt entertained ; and that it would be moos trout injustice to decree a forfeiture, in a case where to constitute an offence against the law on the part of the individual, it was necessary that certain public Officers, who had not been appointed in this country, should have been ready to have concurred with hint in the act ; for the bond was required to be given to Civil Officers. To punish this individual for a crime, whose perpetration depended upon others, and not solely upon himself, and where he had not the means of complying with the law, would, the Honourable Judge repeated, be monstrous injustice ; and his Lord ship held, that even on this ground alone the Court must decide against the prosecutors. The argument. he said, carried conviction to his mind, that as no such persons, as the Legislature required to execute the law, had ever existed in this country, and as the affairs of India had been repeatedly before Par liament, and as ro measures had been taken to sup ply this defect, for warty 160 years, it was not at this day to be credited that the Legislature ever tended the eighteenth and nineteenth Sections of the Navigation Act to apply to the trade of this country. His Lordship then proceeded to observe, that the plea of no forfeiture having been incurred in the pre sent case, was strenthened by the provisions made for regulating the trade of India subsequent to the 12th Ch. 11. c. 18. It had been attempted to extend these laws in all their enactments to India; but Par liament always legislated separately for this country, and had not emended to it aay part of the Naviga tion Laws, except the first section of the 12th Ch. 11. e. 18. which regarded the build and navigation of ships. In all the cases in which doubts had arisen in regard to this point, these doubts had a reference to this first section of the Act, and only so far as fe w/riled the wade of foreigners with this country. -It must be remembered, that the Company's shipping was not confined to the limits of their exclusive trade; but they necessarily passed those limits in going to and from England, and while their ships were out of those limits, they came to be comprehended under the law, as applicable to British shipping at large. It being, however, found inconvenient for the Com pany to trade under these restrictions, his Lordsbip observed, that it had become necessary to make a special provision, exempting from a strict com pliance with them ; and it had been enacted in the 21st of George 111. that all ships then purchased by the Company, and employed in the East India trade, should be held and reckoned to be British ships.— This enactment became necessary, as the privilege granted was in conuavention of the first, and broad section of the 12th C. 11. c. 18, which was thus held, as having a prospective operation ; and not as con fined to the dominions then in possession of the Crown. In the same secti on o f t h e statute , 21 G eo. 111. a direct provision is also made for the manning, or navigation of ships ; and to one or other of these provisions only, his Lordship observed, that the cases cited by the Counsel for the prosecution referred. In all the instances in which reference had been made in subsequent Acts in respect to this country, to the statute of the 12th C. 11, c. IS, she build of the ships' or their navigation is alone regarded ; the words used are uniformly ships " mitigated according to law ," and ships purchased by the Company were made, as already noticed, to come under the meaning of this clause. But no reference whatever to the sections of the 12th of C. 11. c. IS. which regard the shipping of goods or the giving of boilds, is to be found in these Acts; no such expression occurring in any of them as goods shipped according to law," a saving clause, which would have been also employed bad these sections been held, as equally applicable with the first, to the trade of India. This argument was therefore applicable to all the cases which had been quoted : and it was sufficient for his Lordship to say, that greed the subject matter, brought before the Court by the present case, this point alone required attention. —ln respect to the bonds, which had been 'insisted upon as necessary, in the trade of this country, the Acts of Parliament upon that subject, were clearly incompatible with each other. The bonds, required by the 6th Anne, from the East India Company, for the enforcement of certain provisions, in their trade from with 'mitt the limits to England, w ere dif ',rent, in their amount, and in their object, from those exeßed by the 12th Charles LT. c. 18. The lirl bonds of the 6th Ante. iagett CCii* Carry all the produce of this country, which nt . might once bring bey nd he limits, to a partico, l ' Port in England ; and prevented them from b rat. ing bulk at sea, or trail h Aping, Ia Sr slat, nyp, 4 of this produce. His Lordship then stated, think, dia, although an inheritance of the Crown s had b.% from time to time yielded up to the East India Co l. pany; and no Governors of this Country ha.... 4 ere been appointed by the King. Parliament hts,, t ' from political motives,with which their Lordshins te en 0 not concerned, leased out their territories toot/':;, both granted them privileges of trade, and p of making regulations for its Goverari.ent, had re*, • dered it impossible legally to comply with th • • nto, ments of the 196) section of the Navigation Ae. His Lordship observed, the. there were o hfr tai nute circuo.stances, which reqtrirt d to he attended /a, in coming to a decision unon this case. if bona sn t requisite, it most be taken from the lionelr.o! i Company by their servants; which, as or ply:n g . 2 absurdity, could never have been in the co;neinpla tion of the Legislature ; who had es , ress y declared that these hood:. could only he reonnted ro , servant of the Crown, not to a servant • f t. ,* L. pany. The penalties also, which were rosin le ti : 71 the Company, by the 6th of Anne, c. 3. ben. i v _ rent from those of the 12th of C. 11. c. 18. not have been in the mind of ?as i anent to c.ah ;h t penalties of the two statutes together. Fin o, ert the Legislature meant a subsequ sctment against a former, or intended to s. y parf.uta: pronle,:e or prov:sit:n 1-rmerly gratiteo or mail:, usually did so in express tarots ; as itt the can! 0 : which they enact, that ships in posbession jesry's subjects, previous to the pasti:tg . f i!: lof Ch. 11. c. 18. shall be deemed tt be But, h 13 within the meaning of that st.aute, *ltems% or however procured. It was, theretore, In be Ire. fumed, that in enacting the bond proessi iis Le 6th of Anne, c. 3. the Legislature would have es pressly mentioned the Bonds or the Navigation Act, had these Bonds been considered as ever a, ply' g n llndia, or had it been the irtention an Pat t•am they should apply. At:er a pew other nioca, His Lordship concluded by remarking, that New. foundland had been considered as without the meat. ing of the 18th and 19th sections of the Nay gaticii Act, as it was not a British Colony at the Vane t chiefs the Act was passed. To bring it within its operation of these provisions, the Legislator.. inten tared, and declared it to be so, by Act of Pailia. ment ; and his Lordship said, they would du the same in regnrd to the commerce of this country, when they should see it proper to adopt such a measure, as extending the provisions of the 18th and 19th section of the Navigation Act to India. Parka,' tot Im4 made similar declarations, in regard to other moo. tant points ciinneeted wi!h the trade to the East In dies, particularly respecting the ships to which it was to be carried on, and the manner in which these ship were to be navigated, so as to entitle them to be cos. sidered as 4 Navigated according to Law.' But at circumstances now stand, a Court of Justice, said hi Lordship, had no authority for decreeing a torteiture for the breach of a law, which had never Wen de. cleared or considered to apply to this country; and which, supposing it had, the Legislature had takes no means to enable the Leiges legally to comply pith. Sir F. M'NACIIITaN and Sir A. 131:1-Lan coinciding in opinion with the Cum insricr. the Court adjusig. ed the ship and cargo to b.: released. THE EVENING STAR. LONDON. FRIDAY, SEPTEMBER 12, 1817. PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK* Reduced shut—Consols, 793 i— Do. for Oct Soil per Cent. shut—Navy, 1031 106—India Bonds 6S 70 pre. Bank Long Anna. shut—Exchequer BUN, 20s. to 255. pr. A Flanders Mail has brought us this morning Brussels Papers to the 9th instant. The most im- portant of the extracts which we subjoin refers to the action for libel instituted by the Duke of WELLING. vow against the Brussels Journalist, in which his GRAM has been cast with expenses. An Official Article also follows on the arrest of Colonel Mxsser. BACK—in answer' to the laboured vindication, of which, it may only be asked, How can all the facts stated, even though true, justify the forcible abduction of Colonel MA330134.01 from a free and independent city, against the laws of which he had apaamitted no offence GHENT, SEPTEMBER 7. The action brought by his Grace the Duke cf Wellington against Mr. De Busscher was decided yesterday; and we announce with a sort of pride, that the sentence, though foreseen by all sensible miudr, has justified all hopes, and-given general sati►factia^. This action, to which we take pleasure in believi^g that the Noble Lord (who is placed so high in t..e scale of human greatness) has not consented b•at in 'consequence of inconsiderate suggestions, h.is Pp pared trifling, and unworthy of the colossal piq which his Grace plays on the great theatre of :Le world. For the rest, our Readers will better app:e elate the merit of the cause by the terms of the sec tence. Meantime, till we can give them the tenterce itself, we will venture to give them from memory, it not the letter, at least the spirit of it. The article in question does not impute to the Dukc of Wellington any act which could repose him to a criminal Or correctional action (pout-miter criminill co correctionellet), to the contempt or the hatred of tFe public. It is not said that his Grace knew that Dc• bru had prevaricated in his functions as Goverwv cf Martinique : supposing that his Grace desired, Ara had even manifested this desire, to see the said Deb:a continued in his functions, such a desire would ne cessarily hare been only the result of powerful commendations, according to which the Govercor had been represented to the Noble Lord under colours very different from the article in question. 11 bs 9 Grace has manifested such a desire, became Dam+ IN II U