The National Register. — London, England, 1812-02-16 00:00:00

hi■N•ms FFI3. Pl 6. walls of their loathspire 'prison, by the onle means which offered' namely,, by the telex - of entering into the French army, with a view not , alohe of alleviatierg their own dlgtreeses, but of rendering assistance to their cetintrytrien in'thraldom. ',Chic ' he argued, had been the only mo tive by which they had been actuated, a fact which had been sufficiently Trotted by the word's df the Capitulation, to be found in the Gazette, cotrtaieing the earticitlars of the success of the British arms. There it was specified that the French troops and their families should have the • opp - artunfty 'of ;being conveyed to aray • port in France ; and, in con se- ( pence df 'they - stipulation , to the disgrace of Great Britain, be had tie lamenteiliat sseyerat British sue jects'hid actually accompanied the ene my of tileir country : The prisoner, • however, did - not avail himself of that tibt.rty; tut, 'with a zeal highly creditable to himself, seized the first opportunity cif quittieg a service which lieesoehoeoughly hated, stet submtainglatinself once more 'to' ale direction of British Officers. 'Under all the circumstances of the case, he trusted the Jury would agree withhim in thinking that the charge against the prisoner had uut been fulArbstantiated. tee witnesses, W. Reyno/ds, G. Armstrong, end J. Flbbsethe two last standing indicted for High Treason, wer • then examined for the defeece. .11aeir teelmony merely *went to prove; that the prison in Which they Were confined was uncomfortable; and their captivity irk some. They did not, however. 'stove that any force had been used to make ti.e.prisoaer enter, nor that he attempted to escape. They de posed that at the time the British force' were Off the Island, they were htipri ones, and, on being asked to accompany the French troops, they all positive' , " refused so to do, and, when the opportunity arrived, tin tnediaray surrendered to the'English army. The AtTOR - Nee Gee en AL having replied on'behalf of the Crown• The Cuter Da Roe then read the evidence, crammenting on it ;Is he 'proceeded, aral observed, that the overt acts were all primed ; how far the prisoner had made good his defence, that'he was compelled-co join the enemy by fear ofloss .life, which ;lone coied act as a justification, . it Was for the Jury to say.; they would recollect that the 140 who're- ! twined in prison had borne those hardships till they were released by the capture of the Island by their countrymen. -Jury.retired, and after being absent about ten minutes, returned a verdict of Guilty, at the same time recommended him to mercy, he having returned to his allegiance the first opportunity.—The prisorer is a Young man, apparently abOut 30 years of Ogre—Adjourned to next .day. SECOND DAY. Tueiday, the Court met at half-past nine o'clock.—Corsteriur Parker was put to the bar and the Jury being again sworn, the Clerk of the Crown read the indictment against the prisoner,. which 'charged him with four overt acts of High Treason, similar to those which had been alledged against the sailor who had been convicted on the preceding day; and there was a fifth, namely, that the prisoner dtd maliciously and treasonably invite, incite, and endeavour to persuade John Yourg, a subject of the King, w enter into the French service. Mr. Assoc opened the prosecution, and the ATTTORNHY-GINFRAL opened the case for the Crown. Joseph Cartwright proved, that the prisoner eras born in the pariah df sedgley, in Staffordshire, and continued there midi he entered the Staf fordshire Militia; from which it appeared in subsequent evidence, that he had volunteered into the marine servici e on board the le.a t icienne, and was taken prisoner, and carried into rile Isle of France; where, after being imprisoned, it was proved, that he-entered - with a number of others into the French service, were their uniform , _ bore their arms,. and acted in all respects as a French soldier, and that he had eddeavour ed to 'induce J. Young, a private marine, and also a Britieteprisbner, taken with 'himself, to enter Into thir French service, saying, that he was happy aevvhat he had done, and did not at all repent it. reliedeClTAM addressed the Jur yon behalf of the prisoner. Aa, awl.: y •GENHaAL replied.--Sir SilsoN IA BLANC summed up the id the prisoner was found Guilty. The nest prisoner put to tke bar was John Tweedale alias Twedele, tharg l / 4 4 with the first four overt acts as charged against the last prisoner. 'ewes clearly proved that the prisoner had repeatedly acknowledged himself tote a native of Liverpool, bred a sadler, and having followed business there'; that he was afterwards a private marine on board the Iphigehia frigate, which was taken by the' French, and - carried In the Isle of France ; and that being confined as a prisoner •of war with a number of other British soldiers and sailors, had voluntarily entered himself as a soldier in the French service, •evere their • ultiferm, bore their arms, and acted in conjunction with the French troops, although he afterwards voluntarily surrendered himself to the British on the cap- , Lure of thelidand, in preference to going with the French tresops to., France. In the prisoner's defence, lieutenant Grimes, and Mr. Bourne, a kidshiptnan, bare testimony to his general simple and unoffending con. duct while ohboard the Iphigenle. They also prey...A that he had come off from the shore to the IJnited*Kingliora prison ship, on board whirl. they were 'confined, after he had entered into the French service, and from his demeanour seemed desirous of assisting his countrymen. He . was token into custody by the French Guard on hoard-, however, be- • fore he could accomplish his purpose, and, After signifying his dislike to the French service, he waetaken dirshore to prison. After an address of considerable length from Mr. BRoUell us, and a reply from Mr. GAeltdW. the 'Lord Cuts/ 13AitOSI Wanted up the 'r%W NATIONAL REGISTER. 109 evidence. The Jury, after a few minute% comultation, found the prise. ncr THIRD ~ D AY. Wednesday, a fresh .TL ry being impanelltd, Charles Bird was re to the bar, divested of I:is irons. The Overt Acti ot Treason charged against this prisoner v... re simply, that being a liege subjecrof the Eing of Great Britain, hi! ilkolly -and onitereusly entered the French ser- Nice; in the file ot France, and continued therein, forsiz months, and tha• he wore the uniform of a French soldier. Circumstances of mitigation were stated in the - evidence on this case, from which,- and the prisoner's declaration, it appeared probable that he had worn the French uniform with the view of making his escape from the island:, The Jury,' after deliberating for about half an hoar, returned a verdict of Not Guilty. During their absence,'a nett ,- Jury was sworn, and •Johat Quigley, another of the prisoners, was put to the bar.' The ATTORNEY CAMERAL in opening the case, observed, that the charge against this prisoner was nearly similar to that preferred against the men a!ready tried. He felt it his duty, however, to state, that there were some circumstances in his conduct, subsequent to his enter ing into the French service, which, although they would not entitle him to a verdict of acquittal, might operate in another place in his favour. - Some seamen, who had been shipmates of the prisoner on board the. Iphigenia, &Told, that they had heard him gay.he was an Hiltrnan, t were with him taker.prisoners into the Isle of France, and saseqsiently saw him opposite their prison, in French iiuiform. John Low, steward of the Iphigenia, saw thelarisoner dressed in the French uni.orm, in the Isle 'of France. tie addressed him, and said, " John, I am astonished to see you in that dress," upon which the prisoner cried, and said he was very sorry for it himself, but that he had gone into the French service in the hope of getting a woman. named Margaret Coombe, to live with him, and that it was his inten tion to escape as saunas he could. The Jury found the prisoner Guilly, but strongly recommended him to mercy.—Adjourned. FOURTH DAY. Thursday, John Smith was put to the bar, and a Jury sworn. The Clerk of the Court read the indictment, which charged the pri soner with thelike four overt acts as charged against the prisoners yesterday; and a fifth overt act, namely, inciting and inviting others, 'British prisoners like himself, to enter said service. It was proved that the primer had acknowledged himself, (sentiently, to have been born at Liverpool, and bred a carpenter there; and it Was sworn by Joseph Grovea,who had been a shipmate of the prisoner's on :hoard the Magitienne frigate, that he had frequently heard the prisoner say, while on board that ship, that he wished theNesselmight be taken by the enemy and carried into Port Louis, that he himself might enter the French service, as he had done before; and that when the Magicienne was rim aground, and burnt by order of her Captain to prevent her falling into the possession of the enemy, the prisoner, who left her with the witness in the lunohoat, accompanied by two French soldiers, swore he would not go on board the French prison ship,- but went away with a French corporal, and wituess,never after wards saw him. Other weoesses proved that the.prisoner was seen at large in Port Louis, wearing the military uniform of a French soldier, working in the French barrack-yard, in making slides for carronades, and that he acknowledged receiving two dollars per day for his work. It was also proved that the prisoner said the' British service was no better than slavery, but that he had always lived like a gentleman while he was in that of the French. The prisoner, hi his defence, told a long story, .in which he totally denied the declarations alleged, and imputed them to the private malice of the witnesses. tie denied having beenitt the - Frerich military ser vice, and said the uniform lie wore was only a 'disguise to enable hint to get from the barracks into the town, and effect his escape. Hi: denied baying worked for the French Government at carronade slides, but only at sawing timber for the roof of a house for the army baker. Mr. BROUGHAM addressed the Jury at considerable length, and the ATTORNM;QENER A L replied. - Sir St sioN Le BNANC. sunimed up for'the Jury, who found the pri soner Guilty. George Armstrong was next trie d on a similar indictment. TheATTORN FY-GENER AL shortly stated - the case to tie Jury, anti tallied the witnesses in succession, who proved that the prisoner ;rei frequently acknowledged hinise:f to be an Irishman ; be was a Frio net of war at the Isle of Prance. ~ Lieut.. Brenton proved, that he saw the prisoner wearing the French uniform; that he lad mounted guard as such at the prison were him. srlf and the other British Offioers v. ere confined; that he brought pro , visions to the French guards, who mounted there, and had marched in the escort that took himself and several of his brother officers ou hoard the cartel ship, and there acted as sentinel over them. .The prisoner made a long defence, denied having ever done duly as a French soldier ; but said he had worked as a shoemaker. Two witnesses were.examined on his behalf, who admitted he had entered the French service, and worn the uniform. After a speech front Mr. insountsast to the Jury, and &reply from the ATTORtitY•GXNERAL, the LORD CHIEIIt•BALON summed up the evidence, and the 4ury, after retiring a few nlinutei, found the Fr, *over Guilty. • T I I I i•