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

110 FIFTH DAY. Samuel M‘Farlane, the next of the prisoners taken at the Isle of France, was put to the bar on a charge of High Treason, in cadgerteingvert act to the Nine's enetnies.—lt appeared in evidenc e, in support co vert c harged against the prisone r, that being a native of Ireland, he went out of the reatch prison g Vort Louis, entered the French service, and wore the uniform of a French soldier--that he attempted to ens ce one Juhil Curtis to follow his example--that he assisted in guarding his fellevs countryotensand that perv i o us to his entering the French service hi ex ressed his deterMinatuen so to do, in a manner so unequivocal, as to leave no doubt that he was serious in such his intention. The prisoner, in a short address to the Jury, attempted to impress upon them a belief that he assumed the French uniform fpc.the purpose. of effecting his escape to England. The Jury having he ard an address from tilt . . Baovonam, and the re earne ply of the Alrov. Ti EY -GEN ERA retired with the c harge of the Ld Judge to consider of their verdict, and returned, after a short absence, with a verdict of Guilty—Death—but recommended him to mercy, on account of his not lowing been found in arms. Jusiart Teustcr, alias Teater WaS next put to the bar; and the J ur y Layne; been sworn, and Indictment read, charging him es i - h similar overt arts to those contented in the indictment against the last prisoner. The Arlene: LY-G EN fIR A L addressed the Jury nearly as fellows;-- " Gentlemen of the Jury—The object of GovetArnent to the institu tion of these prosecutions was, to convey to the public, and to thos in p the sans who who are the objects of t hem r a cons ict ion that those engiesd service of their country, either in the Army or Navy, cannot be guilty of crimes like those the prisoners have been euilty of, without being ulti mately brought to punishment. The prisoners mentioned in the Ca lender u cre selectee' from many more ; those who selected them had not the power or opportunity of enquiring so fully into their cases as I have since done ; I have spared no pains, no trouble, or attention, in in veti,,Tating the facts alledged against the prisoners, and the evidence which would be produced in support of those facts; the result of that investigation was a conviction, that the ends of justice made it an impe rious, though a painful duty on me, to prosecute them. Gentlemen-- that painful duty 1 have performed—the ends of justice are answered.— tHere the Learned Couusel was so much affected, that his voice became inaudible, and his agitation increased to such a degree, that but for the support of Mr. Jervis, who sat near him, be would have fallen e l When a little recovered, he resumed—" Gentlemen, I entreat your pardon, but I have not been very well in health. I was about to state to you, that I considered the ends of justice as answered , and the refore . I shall here drop the prosecu tion against the remainder ef the prisoners. In looking into the cases of the prisoners untried, I rerceive (though there is proof to convict) there are circumstances to palliate; and after .that has taken place here, I trust there will be found none, or if any, only the most degraded and degenerate, who will fall in future into the ecror of which the prisoners have fallen."' Mr. haw; IiAM observed, after the statement of his Learned Friend, which did equal honour to his feelings, and to the humanity of the Go vernment under which he acted, little remained for him to say. He aotild not, however, allow the opportunity to pass , wi tho u t declarin g how grateful to the feelings of his mind it had been, that in his feeble atternies to defend the unfortunate men who had entrusted their cause to him, he had been opposed to a prosecutor so humane as his Learned Friend, which, by his conduct, he bad proved h i m self to Ise. One as sertion of the A t t o rney-general's, however, he could not give credit tle, and that was, that his iudispoettion was the effect of ill health.. He was convinced it was the disease of a feeling heart, sinking and overpowered in its struggle to discharge a painful though necessary duty, He t.'usted, however, the mercy extended to these unfortunate men, would slot be misplaced; and that they would not repay with ingratitude that country which had aglin, with 6o much mercy and forgiveeess, opened 104 T ntl - P. to receive then. otlier three pri , :oners, viz. Noah Francis, Phillip Lathcy, and James Fi6l , s, were then put to the bar, wee Terater. *l'he AT - roma!? GEN r.ttAt. observed, it was fit h' should state to the prisoners the grounds on which In forbore to pre secute them—it was not that he should find any difficulty in establishing their guilt, or that they were not guilty, as they in their own minds vcry well keesv, but it was that the Crown hid e x tended its mercy towards them ; and he hoped that mercy being so extended to them, would operate so as to have_ e an effect oa their fentre lives. The prisoners, there being no evidence produced against them, were then declared es The prisoners already convicted, namely, William Cundle, alias Con nel, Cornelius Parker, John Tweedale, alias Twedle, John Quigley, alias Coigley, John Smith, George Armstrong, and Samuel M'Farlane, Were then pieced at the bar, and having been severally asked what they Lad to say for themselves why sentence of death should not he passed upon them, they ell threw themselves on the mercy of the Court; and Quigley, after lamentiog the fault he had been guilty of, de clared his readiness, if mercy were extended to him, to serve his s sountry to the last drop of hisu„sd. .1 he Cotes Brno~ then proceeded to pass sentence i n the followin g eeries:—‘• . eers, the beetle which is passing here at this moment is one of the least expected Great Britain ever sew ; for some years past sot a Session of Parliament has gone over sS itltout the Thanks of the Public having been cenrerred on the gallaet 01ficeri :tad Seamen coin posing our Navy, fur the inalk.irtrianu of some noble echienement for THE NATIONAL REGISTER. - FEB. 16. iiesassoms , _ the benefit e: their ie.:untry; ana scarcely. a week passed by te... we do not read accounts in tile isiewspapers of brilliant acts of courage displayed against the enemy by tilos:: employed in the sea service; and it is indeed an sr: expected !ight to see British Seameii *deserting their King, and arrere; - e themselves under the banners of the enemy. You, however, have each of yr . v. seen found guilty under a prosecution conducted against you, not only with humanity, but with a degree of delicacy which must have been evident to every one present during the course of !hese proceedings; the Law; in its humanity, directs you should have 1 ::: : sistance, and you have had the most able. The offence of which you have been I mud, guilty 's the highest, except the effecting the very death of the King. th-r c. our Law recognizes. The murder of a single person is a most lred-Ais offence; but how much more aggravated an one is it I to aid and assist the moray in their effurs to destroy a whole people.— t You have by yo . .c conduct tempted the enemy to use, with aggravated severity, any of your countrymen who may be so unfortunate as to fall into their rower, by showing them that there are even English seamen so base as to be induced, by the hardship of imprisonment, to quit the service of their country, and enter into that of an enemy. It now only remains for me to pass upon you the sentence of the law, a duty painful indeed, and one which, after having passed so great a portion of my 1 professional life without leiving been called to exercise, I had hoped it I should also have passed tin ough it without the necessity arising which o thee: fr or t ; e 1 then should call for the perform ance of it. That sentence, haweve-, is -4 1 (severally) you be tadkraelnvntoenthaehtdceleftr( the whence place o you o ) m be hanged by your neck , but not till y ou are dead, but to be cut down, ‘ ii c l e a t execution,ca, and and whilst yet alive your b owels taken out, your head cut off, your body 1 cut into quarters, and those quar-ters to he at the disposal of the King— and the Lord have mercy on your souls!? " The prisoners were then taken from the bar, and the business of the Commission having concluded, the Court adjourned. - - . -- ----- ------ -- POLICE, QUEEN-SQUARE. On Thursday a very elegantly dressed and interesting Ll:ly in ap. , pearance, was brought up for a second examinatiun, on charges of being concerned with her husband in obtaining va-ious articles or jew ellery under false pretencei. The husband is I.: rely confined in the Kiog's Bench. A number of respectable trades}, opk, attended, and rave their evidence. In the course of which, it a-, -, i . ..!ared that the I,a , V auci leer husband had assumed live different nitines, and r prewilted taelnieives to possess considerable property in the west of Lng:and, partic&arly in the neighbourhood of Bristol, and that they :vere related to born , of the first families in that city, and gave references to the sam:f. By these means they actually obtained goods to the aq , ount of 1301). One of the sufferers alone, had entrre•ted j , ...we11e-y to the value f 47i1. part of which was pawned. In order that every into. illation should he obtained to know the extent of th , :se transactions , axed what steps on be put sod against the husband of the Lady, the bu . .iness is postp.:ned for another ...::ring on Monday next. ihe worthy A.:;:giitrate, on the first exlmin.Lion, informed the Lady that he would accept able bail fur her al'r e;iratice, but none of her friends cAlie f,rward, and she is conAtied . in Tothill-iields prison. ACC:IDEJ.V.I'S AND OFFENCES. --etseePee— A youth, of the name of Seees, wa.. drowned on 'fuestley in Puttee.- reach, from out of a West-country bar e e. It appeared the: he was a runaway apprentice, and had by n taken on board the banee el a state of hunger. The accident happened whit n in the stare of beg taught to hold, that is, tieing a cord round the berge.pole to guide i:. CORONER'S IN qv ESTS.—An iequest was held e...,terrlay, at the Cl•osi Keys 'Tavern Blackfriars Bridge ; on the body of Mr . Toile:, Clerk of the Assizes for the' Western Circe.:, who 3. - as found cir(),7.lekl on the euriey ' side of the 'Thames, on Thursday morning. It appeared before the Cu rover, that the deceased had been d i e in g with some friends, et the Cross Keys Tavern, on Wednesday; and returning home late naveleke even.ng, rather inebriated with wine , in com p an y with a gent named Cooper. both unfortenarely missed their road, and turning to the .right, w..lked down the Ferry steps into the Thames, where the deceased was suckedueder some floating rafts of timber, end immediate:y perished. Mr. Cooper happily contrived to keci' hinet.elf above ev eter Jill 5 until the watchmen came to his a s si st a nce, and r e scued him fr watery grave. The body of Mr. Follet remained immersed in the river until next morning, when, with great difficulty, it was remov ed leer under the fatal raft of timber. The deceased lived at No. 2, Garden court, Temple, and wa - • much respected by a numerote; c ircle of frien ds and acquaintance. The Jury found e verdict of—Accidental Deuth.--4 On Wednesday last the body of a well-dressed man was found besue aree with blood in Cope'.; Woo'', 'a few miles state. ln the esocloe s 'here found seven poutids, and near the 1) 0 4 3 from Uxbridge, in a penknife statnea W ith blood. A Coroner's Jury sat oe the bode day, when it wets owned, and turned out to be a Mr. Jae sole on Thier , a era. holder. The deceased had been for some time kept under restraine in consequence of eerangenient, but he had df late been much better, and had foundu nom his house, at J e alehani, two mike from where he putrid was on Monlay setinight. The J ary retureed a verdict 91.- 10 JaAlty. _~~ Fl =