The National Register. — London, England, 1816-04-29 00:00:00

ArRIT, 19. Tile reading iasied more up by the prm•urcur getter:it liellart. than te.lllmiars. The liver - ATE Gt NFR Al. retraced rapidly the facts of the indictment, and lied the attention of the jury on the principal (points; he implied himself particulurh• to the distinction in the c44(4. of the (Infer( tit prisoners. SU' las e to answer for a crime: others for an otii•ncc only. lie remarked that the Chaneter of Acensation had remitted to the three Eterlislatum th e charge of having conspired against the led Innate govern ntent of France. I now leave (said be•) the farts to des elope themselves, it is right that con %lentil receive vane tarot bu ple90:1111% from the evidence. Yon will observe with coolness, and determine with cooltic.s. I need tint tell you, gentlemen of the jury, that justice, whoa• impassive mean you are, has ■o frglllll to the distiuetioie established in society, weak or pow erful, rich or poor, 'tali% es or fits times, in all the accused justice sees only men, it knows nothing of their quality, it wishes to know their actions; but what inure can I add to the di:•rufied sentiment which you entertain fur your functions; When the question concerti.' equity. justice, honour, I need rise i n , thrthee recummendation to a French jury. Madame de Lavalette, the young lady her danghter, and their old female domestic, have not been summoned here as witnesses at the request pr the public prosecntor, but of the prisoner Eberle, therethfe they will not be heard tilt after the charges are gone through. The President here snrces•i••ely interrogated the accused, 'their answers referred to the details already given iu the in dictment. %lee pass over in silence the long interrogatories of Eberle, and the ule'mte sshich they gave rise to between him and Ker guider, as no new (met resulted from them. Eberle still up pearcuito labour under the most unfavourable presumptions, vs hile the keeper of the prison was only so far culpable, that he had omitted some prec lotions which he dill not think ne cessary, turd shewn sensibility when he shoold have shown o-ti vigilance. Tears dinned his sight, a gaoler 511 . 0111 d never weep. M. the Pnrstnr.vv made the fallotviog observation to the gaoler: " On the zoth of Oeeemher beung iaformcd by one of the Advorates-fl:.neral that the execution of the 1113\10( LaVa tette was to take place nest day, von sent to consult M. the Count Angles, prefect police.int said to Won, • Madame Livalclte is in the prison. must I tear her from the arms of her husband ?' M. the Count Angles said to you, • I give y our no ad vice, see your superiors, it k for you to know what are the &dies of your situ %Hon. Yon are a man, butt you are a gaoler.' I do not say, tailed the President, what you ought to have done, bat at least you should have redoubled sour v:gilauee." The President then addres.sed hiniself to M. • . Q. How long have you h,enin France?- I:I months. Q. You remained here e.-ring the stay of Itutmaparte? - A. tee ; I left Paris two hours after ilnunaparte, when ha wen' t u take command of the army. I did not think it ri t ht th a t an gentleman should remain in a country whikh had runl nieticed hostilities against his own. Q. It appear. tint von rcturnel to Park. and were here on the gkith June.—.l. It Was because filar:ilia' Socket, who com manded that part of the frontier whirls I nislie.l to pas., refund to let sac pas:, in spite of a letter which L wrote to hint. Awl I wits obliged to return to Q. You wrote also t) MRllllllll' the DoicheAs of St. Lem whom you called imperial fliglincss, altleuitgh ) our government had never reeoLtnised Diumararte as emperor.—.%. It is true that 1 wrote such a letter, I gave her that title, because it was the one she bore. . . . . Q. Yon wore connected with several persons in the intimate confidence of Ituonaparte, particularly the Duke of Vicenza - -V. It is true: but I do not see what relation these questions have to the affair of Lavatette. Q. It is not for the accused to judge of the merit or of the object of the questions addresseii to him: the Presnient has a discretionary power of putting what questions he thinks pro per. Was three not limad at your hoe,- the original of the answer of the Duke of Wellington to Marshal Ncy. Von took a very lively interest its Marshal Ney i V. Yes, e very lively interest, I du not blush to own it. The must lively interest dining his trial. U. Was it to you that the first overture was made of the pint of transporting Lavalette out of trance, and of the plan of courealment?— A. There was no question of concealment, for that was no longer possible. (The President explained the judiciary sense of the word recele. It was to shelter a nem from prusee•ntiun, to withdraw him from the power of the law, by concealing him either fur a short or a long tune.) The accused here recourivd the manner in which he had been mysteriously solicited to eo.operate in the flight of Lava tette from Paris. If possible. said he. I would have effected his escape by myself alone ; fur I could not repulse a man who bad put his lite into my hands. I, however, obtained his cut sent to confide his secret to one of my friends. I spoke to one friend, who gave me a charge to another. I will ■ut name these friends; they will name themselves. Q. It was you who rot:civet! Lavalette at the house of Capt. Hutchinson?—A. I received him when he was conducted to the house of that person whom I have nut named. _ _ [Hutchinson, who was close to Bruce, bade 11 name him.] Presideat.—This discretion is very useless, fur Messrs. Hut chinson and Wilson have denied nothing, as you know by the publication of those pieces which have been circulated in a taanner so contrary to our practice. Yost kuuw that Lavatette passed the night at the house of Capt. Hutchinson, and that Hutchinson does but deny it. Brure.--It was nut in) self who engaged Hutchinson, who authorizes me to pronounce his mono, to receive M. de Lava lette. Cement Wilson (rising).—lt was I. The ['resident to M. Bruer.—=There was found at the house of NI. Wilsou, a memorandum of au expence of aVO francs oc casioned by Lavoie tte's journey. M. Wilson.—M. Bruce paid this sum, and sent Lae the me moranditin at my rmitiest. The ['resident then interrntratoil Hutchinson, who agreed to all the tets that concerned him. It was at his house that Lavulette slept on the night from the ith to the Pith of Immo y. There is Gtr trace of the retreat of Lament: be tweets this pe• nod and the :ogle of December Q. Jo Hutchinson)—Tun escorted L:valette ?—A. Yes, on horseback. Q. You wished no doubt to serve your friends?—A. Not so: I was actuated be a seutinieut of lioluinuty. Q. But you did not take a particular interest—au interest of the heart, in this project, because you gave a ineinuristolom of your expences to General Wilson ?—A, I did so, being desired to do so • but I nevertheless took great interest in L.avalette. 'lite President to General Vs tisuu.-I)id you 141111 n LaVidetLe before his escape?—A. Never. Q. You began to serve iu Egypt?—A. No: I began service in Flanders. U. But you iravc served iu Egypt?—A. 'Yes ; Sir. TIM NATIONAL REG ISTInt. 11. 'Von have spread through Europe, by a celebrated cork, violent sligneions against the morality of certain agents of Ruin naparte iu EZYIIO-A. It is true: I said that which I believed to be the truth. The nernse.l here 11. ..Claret] that It was himself alone who inath^ all the dispositions, and took all the measures for the ...cape of Lavulette ; he coniiritictl all the facts related in tile art (tract usation ; he all:led, that I/wall-tic was dressed in an uniform, eaveruil with an English great coat. and nromited.with a hat of the English form. Bruce here laid bold of the military cap of Hutchinson, and showed it to the Presi dent, saying it was such as that. _ _ t'fo Wilson)—You knew that Lavatette wag condemned to death by a jury ?—A. Yes, certainly : it was his condemna tion that rendered my assistance necessary. Vent know the crime tie which he was condemned, for having suppressed the proclamations of the King, for :lasing On the nth of March pia himseleit: correspondence with the usurper, anti for having co-operated in the return of Blume p:wte We are not agreed as to his crime. I believe tint linonapartc undertook this enterprise without any con nexion in France. Q. It is not my business to institute a political controversy. Inv:llene was condemned for having violently seized a public authority ; for basing corresponded with Buonaparte, and stopped the kitiz''a proclamations ; and for having deceived the inhabitants of France as to the true situation of Paris.--A. Melt less of politics than of lunnanity entered into my con duct. Bruce, in speaking to me about Layalette, eddressed himself to my heart. I dare Batter myself that his hope and confidence in me have not been deed:veil. Sir Robert de clared further, that Mr. Hutchinson did nothing but by his in- Muller, and den, in is hat he then did, be was guided by no political feeling whatsoever, but only by motives abut:unity. Having said this, he Sat down. The court then proce..dell to the examination of witnesses. The first persons implicate 1 by their depositions was Eberle, the head-turnkey; aiNJ the following facts were proved against him : Monsieur Roquette, junior, the gaoler, Bo , liscao the keeper, and several turnkeys, confirm the circumstances detailed in the indictment, and w!lieli particularly inculpate.d Eberle. It seemed to result from the wink of these depositions, that Eberle hail left open all the doors between the chamber of Lavalette and the great wicket its the first part of the prison ; that at the nionient when the hell rung, and he went up to the chamber to receive the order to bid the chairm in be ready, the disguise was already completed. It is difficult to admit that he did not perceive it. Listeall of obey lir , the order which Roquette, pan. gave 'limit) rim immediately after the chair, he directly came back to the prison, and went with ridiculous preeantion to shut in 31.itlame Lavalette, saying, she at least should nut come out without good orders; and while the minister of po lice was interrogating the gaoler on the circumstances of the escape, Eberle said it was very easy to distinguish Madame de Lavalette from her husband. There was habits head differ ence between 1111C111. liy, asked Roquette, did yon nut make that remark wl u •u it might have been useful Oh ! tna r ! answered Eberle, my principal was there, and I bad nothing to say. — AI -t the whole defence of this culprit was confined to giving the lie In the witnesses, and to repeat," it is a falsehood : nothing can he mule false." It is proper for that interesting class of poor eiticene who have no ether m-ass of existeuee except bard and daily la hour, to preserve with care the depoeitiou of Brigaud, a %Yuri:- lug mason. Guerin, called Marengo, the usual chairman of Madame la vallette proposed to him to, Like the Mace of his comrade, who probably was not able to aid him that day. Brigand consented, and after several journies carried Madame Larailetle to the Couciergerie, awl waited fur her with Guerin at the guard house of the gendarmerie : a little before the coining out Irvin the prison, Benoit Bonneville comes and diets him a glass of wine, and says Whim," You will have, perhaps, a little ei eater weight than at coming, but you must go with speed ; there are 2i louis to be earned." `'23 Milk" bays Brigautl," what is to be done for that? Such a stint is not offered without CabSC: I am an honest man ; have a wife and childreu ; I will not bring them into trouble." " You are then a--,one of the worst hernia in the French language); money should he earned when it can." I sin a wan man, but Ido trot wish to gain my sub sistence except by honest labour, Bah ! said the oilier, what de you risk when !Monsieur tells you there is no danger Come, Marengo, said he, leave all this stuff: time along with me some mischief will happen to you am going home ; and uith that he threw doter' the loather strap with which he used to support the chair. He r eturned home, and acquainted his wife with the offer which had peen made to him, and with his refusal. You have done well, said she. The next day he learned that the chair meu were trwarisunA-- that Lavallette had escaped : Oh I have dour well, said lie. 'the %vitae.% showed a great deal of emotion, and even shed tears, at the necessity of inculpating his comrade Guerin. We preserve as much as we can the tone of frankness and stature which the witness exhibited in his deposition. Gentle men, he said, weeping, do not be offended with use it' I did not give information at the time : I was beside myaelf. Marengo, continued Brigand, brought me the wages fur my job, and said to me, you were wrung in leaving us: it was our %s hat you thought : the chair was Stopped eat the (ray, anti iit MS Mass who was within. However, it you are CMOllincli, you hare no occasion to say that mourn was littered to %till. Ilcar me, answered I ; I abandoned the job yesterday : * don't impli cate me, or I shall tell the truth. Front all this it appeared that this Brigand was all honest fellow ; and the President, on dimissing hire, aildre•sed IL i 11l nr the following flatteriug, words :—" Yea have given is great ex ample of honesty: you have proved Its your conduct that ho nour and probity are to be found is luwest classes : con tinue this conduct: maintain your wife, and bring up your children in these honourable principles; and belie se that, sootier or later, ercu in this world, virtue finds its recom pense." The evidence for the prosecution being gene through, the witnesses for the defence were called. 'the w ife of Brigatid repeats a part of the dewy g i ven b y her husband. Guerin awl Benoit Bonneville oppose to this double declara tion an absolitte denial. N. B. It deserves to be [Marked, that the desertion of Bri gand having compelled the valetale-ebambre tri seek speedily for another chairman, bay alette remained four minutes in the sedan-chair at die very gate of the Canciergerie : they must have appeared to him very lung ones. Atter some other witnesses, whose testimony was quite insig uificant, Madame Lavalette was introduced. Her entrance was aninesueed by a murmur, expressive of the interest and curiosity of the audience. When she appeared, tVilson, Hutchinson, and Bruce, saluted her with a profound bow,. The emotion mid mental distress of 511 1 / 4 1.misc LaYclettc were '4 • so great, that mitt n interrogated, she could scareely artienlat• her own name; and when asked her age, she replied "27, I believe.' After havlrr* collected her ideas for some moment*, she said —" The (Hove,: which 1 feel does not proceed from any fear. but front a kind of alarm on seeing myself before a tribunal, and antid , t so large an audience, The President. —Madame. it is not public justice whi-h ha. summoned you here; it is some of the aecu,ed who lace invoked 3 - our testimony. Madame Lasalette.- -I declare that the Fersons ho have called me, contributed in no respect to the escape of 4 1• Lava lette : no one teas in toy confidence; I alone did the whole. . . _ Some details were asked of her AS to certain circumstance* thongli 'ilium: , in appearance, might throw light on seve ral facts ot • the aw•usation. She replied. Wet she did not r.• collect them, and assigned for her defect of memory an excuse which will be easily admitted:" At that morneat," shy said,'• MA too much occupied with the execution of ay plan le par attention to what was passing around me." M. Cloven'', Eberle's counsel, requested het to fix precisely the moment of the disguise ; and to state whether it was already execnt.•d when Eberle c: •to receive his last orders. Madame Laval:tte, who was 'immure of the cousequenees of her linsu Cr, said," at that momott the disguise was completed, because M. Lavalette had cot off." The President.--I will put to Madame only one question. Have you ever known ur seen these gentlemen (the English),or Oily one of theni? rote, an.' Madame Lavalette, after haring looked at them for a moment, declar ed, that Mae had ate% er knonii or before seen them. Mademoiselle In alette was then introduced ; as she was not quite 11, the administet int: the oath to her was dispensed with. She answered to the first questiom, in 6 n feeble a vole', and her entharnosment appeared :•,o painful, that the President, ant., arcking the consent of the prisoners, signified that 311‘.• might withdraw. elate rose at Imtf past five. M. Clay eau is counsel for Eberle ; M. Blayne eit the rioter Rognette ; M. Manuiss, fur Buunesille; and M. Minn, for the three Englishmen. SPCOND DAY.- • Ter sn tv, A Nur '23. 'this day the examination of witnesses was continued. The eolonel of the staff Grisenoir, and the mijor gendar. merie JP11%•11*, Oleo, the ono verbally, and toe other in writing, that, having been charged with the eniumand anal internal sn perititendenee of the Conciergerie atitring Marshal N ey's trial, they saw Roquette eoitstanti eye: e:se and reitominesul the most exact vigilance : and these witnesses ware convinced that Ilse atmehment lit th‘s gaoler to hos ditties was supported mei increassli by his excellent principles anal opinions. testiatony was given fur Ifitn by several inspectors of police. The widow Dittnit. aged 72, confidential. woman of-Madame Lavalette. called for the accitsed, declared that stir did not te collect any of the circtimstame•s which preceded ur areempli nied the feet of the escape; she did not even recollect who the person was that introduce) her without perinissitm into the chamber of the convict. It was in vain some oldie ielgtet ani jurymen pressed her with questions • in vain the pi esidt•tit re minded her of the oath she had talent she pt misted iu saying s that a severe iudi•position prevented :ler from retaining any. recollection. )1. the President, unwilling that she should jure herself, dismissed her, observing, "Siniethilig. I know trot what, prevents me from twining the hands of justice against you." The woman Gorse, a neighhottrot Eberle's wife, stated, that, at the period of the entrance of the allied troops into Paris, the wife ofthe accused &hewed her a slim or 11,200 fr. about which she appeared alarmed, and consulted her as to the means or placing it in stasis. Laporte, one of the ordinary chairmen of :Madame Lavalette, and who, on the day of the escape, had been replaced by liti gant, deposed, that the day after, when he asked Bri2aut why hr bad not finished his job, the latter matte tai mention of offers II;IVillg been made to him, butt e sensed himself by saying, that two days bt•fore he had made a severe journey, which had strained hint. _ _.. ______ .......... ides: ended the examination of the witnesses; upon which M. Hun, the Advocate General, rose anti addressed the coon,: -- A criminal, lie observed, a convict, has escaped from justice: happy for him if he escape from remorse, and if he can tind a place where be may chew with serenity a forehead which the judicial thiander has scathed : a will! has saved her I u•batiti ; let it be the subject of her joy, pros ided the act which has done her honour shall not compromise any one. It is easy to account fir the share which some of the accused, on whose fate yon have to pronounce, took in this enterprise ; their sentiments, their ditties, their interests, explain the part vs Lich they played ; but how happens it that these three foreigners are before pm ? tv hat was the nature of the interest which they took in saving the convicts? They were neither the iel dives, the friends, nor even the acquaintances of Lavalette. %VIII they say that they acted from views of humanity ? But how chat at terisc that Im munity which displays itself only by a contempt of public or der, and the infraction of the laws? flow appreciate that hu mane inteution, if the correspondence of the accused proves, that hatred of our laws is iu their heat ts ; that oar repose is odious and disagreeable to them; if they saw nut in that escape any thing but au outrage on authority, a seditious means of I n. unman:: a revolution , If this act, feeble il itself, was a so: t of initiative of the project, it became the dirty of public justice to search it to the bottom, and to trace to you the machination to its very focus. The Adv...cate General rpirl:ed hitaself in the first instance to cumpar t• and app' es the facts reiat:ve to ;Le escape of Itsulette ; and wills great order and precision mark ed the share which. eaeh of the accused had in the tort, and this motive a hich might have actuated Attn. He distinguished be tween crime and s—Lnkyle ode-lice ; and assigned to each, as it were, the punirlosient which Ile illeill'il ii. without. ill)Wirvts, depriving any one prisoner of the hope of the indulgence of the jury. lie t:,- , it uatatally faille to the offence of ronet•aling t h e convict, and it was here that the three Enstishnien came upon •t t • the stage. The first part of this uffair, he said, is int' I . :,:ible enough., , c")p l t 14. ) All the tact, have a iesembiance to evrly-day ocenrretrees: , 4 . 6 We have a woman who sav es lief 11'14.mnd—a guard who tie- .--4....,,, glee!. bis eharue - ato.ther who idioms himself tole esurimpted a domestic woo devotes himself tOr his master - and nary who is seduced I, die attrav•tions cf ag: cat bribe. Tit - ...,y, ori!,rin of all this is to he fm I nd, uot in the pi ineiples, but in _, _,,,„.• passions stud anectious Of Ilii:11. lirtherto we have recount: a illsi.ny— Wl' How Co•Jt: to it romance. You hare beet) 'wiz dr - --_: .......) .Z vritit this idea qa ; you have put this first u m estoi to yourselves ~ ' 0 •:`''' why were the I::l4risli en,4ageil in this Altair? Their interferene . .4,` N cV. eannot or tsp. isteNl on oradiary principles. They themselves declare and p.m, et wt their honour, that, before tired partici- '''/I:',, z, pinion in the ei.ate, they (lid :tot know the ind;vithial in whose service they excited all theit efforts. Ws are bound to Whore_