The National Register.
London, England, 1816-04-28 00:00:00

.ATRIT., 'B.

WILSON BRUCE, AND HUTCHINSON.
PARIS, APRIL 23.

ASSIZE COURT of the DEPARTMENT of the SEINE.

TRIAL RELATIVE TO THE ESCAPE OFT lit: CONVICT
LAVALETVE.
SITTING OF TAE 22D OF Arun..

ROBERT TIIOMAs WILSON, horn at London, aged 88, a major.
general not in active service, resident at Paris, in the rue de
la
Paix • No. 21 ;

:%11( BH.LCE, English gentleman, aged 2n, born and do-
miciliated ut Loudon, re,ident at Paris, in the rue St. Georgr,
, No. s-,1; and _ _

Jowl Ilt:Ly HUTCHINSON, a native of Wexford, in Ireland,
aged *A, captain of grenadiers in the Ist regiment of guilds
,of the King ofEngluntl, r, siding at I'3A-is, in the rue du fiel-
der, No.

Appeased yeiterday before the assize court, together with
..laequitivEberle, turukcy of the house of justice , Jean itiptiste
Roquette de Kergaidee, head gaoler of the sane prison ; Gue-
rin, alias Nlareugo, Madame Lavalette's chairman ; and Be-
noit Bonneville, valet of M. Lavuletle, charged respectively
with having taken a part, 1110 re or less direct, in the escape of
Lavalette.

The trial, which attracted an immerse auditory, moon::
whom we remarked a great number of Eaglishmen and English
ladies, commenced at eleven o'clock, ft. Ltomain de Seze, son
of the pcer.of the same name, so honourably distinguished by
his &knee of• Louis XVI. sat as preilde:st of the court. The
other judges were 31essrs.Plaisaud lila Chateau, °davitle, De-
•cerny, Digity, Demetvfory.
M. Hun, the advocate-general. was charged with the rum-
Cons of public prasocutor. The Joey consisted of Tronillehert,
Tiron, Duplessis,Lemit, Thereuin, Coition de Chapelle, Eden,
Blain% illiers, Morse, Delivre, Marco:ray, Cottereau. The ac-
cused ware introduced, and placed on different benches as•-
•eording to the nature of the d4fferint charges against them.
General Wilson was in grand uniform, and ornamented with
brilliant decorations of seven or eight milers of different states
of Europe, one of which was thy grand cordon of the Russian
Order of St. Anne. Captain Hutchinson wore the uniform
and decorations of his rank.

At 11 o'clock, M. Deseze, jun. the president of tae court,
opened the sitting in these terms:—" The court is going to sub-
mit to the investigation of the jury several accused persons,
French and foreigners, in a cawe which has ter a long time
•tived the public attention. The court is convinced-that the
persons admitted to this assembly will not in any way distill b
the public tranquillity : that they will observe that religious
silence %%hidh is due to the preftt,lsCC of law and of justice.
The accused being called upon to give their names, surname,
and qualities. :cave their description us before mentioned. M.
Bruce said with energy—l am au ErgiiAseitizen.
The President then observed, that ulthonglr the three Eng-
li,lnnen relied upon the correct know ledge which they ap-
pear( d to have of ths.Freneli language, and dtil not ask for an
interpreter, vet the lac" of: rance, alwar: a law of protection,
illud that the accused siNtild lint be deprived of any means
of tacilituting their justitie..lion, even when unclaimed; the
court, therefore, named to that °dice M. John Robert, wino ac-
cordingly took the usual oath.
. . _

trace (speaking the French langitioge.)--Gentlemcii of
the Bench ani fientlensett of the Jury, .I.llave :t due:at-at...it to
make to yint.in the nettle and my two coulitrynien.
AltLouglt we have stibutizied oursel% 9 11,t LOA in
consequeuee-ofthe act usation suroinst us, w e have never lost
privilege of invoking the law of tiation.v. Reciprocity
among nations is the tint article of all tit ; aid as in
land French culprits hate the right of demanding a jlily coin
posed half of En 111111 ballof foreigners, it appeared* t •
us that the same right, Or, if you will, the same favour, could
nut be refused to us m F'rance. With this view, we submitted
to eminent lawyers of our ow a nation several questions, the Co.
Introit of which might justify Elie right of which we speak.
Strengthened by their decision, we should have been justified
in domititling.the favour of a jury half French and half Eng-
lish: big, gentle.acii considering the justice which Iles bet n
rendered us by the clamber of accusation, (in arytitting us
of any plot against the tranquillity of Europe, and virticinarly
again,: the French cover •ntli, we have determined to re.
nounce our right. e, therefore, abandon ourselves fully, and
tt ithout resort e, to the hoitoar and ,00nscience of a jury en-
tirsly composed of Freinillltell : we du nut ellea make the
. Ices(
If, uuling, we think it necessary to make a special
declaratb•n : it is to express that at• only renounce the right
as Mr as we are personally emiceriml, and to prevent any
precedent being drawn from ourease ae titist those °four coin.
patrhds alto may hereafter be in the same situation. We can-
not and till not prejudice their rights. lit faith whereof we
hale signed our present declaration.
M. Di pia (iiiivocate for the Eitglish).—Will the court be
pleased to enter this slechanition eiLtne recortli
M. .111:A. a4A of:ate-general.- This declaration is calculated
to astonish! To claim in France, fins an offence committed in
France, the privileges of a foreigo legislature, is to set at
nought the first principles of social order: the lona in which
the pret•Aasion is urged does not at all change its nat•ire. We
typise the entering this protest or deelaration on the record.
M. rturiN (the :ohm:ale of the Englishmen) maintained that
no 'French law pruhilAtell the composition of a jury half of
Freud n and halt' of .foreigners. It was a question entirely
new, which might fairly lie ilisenfiseel, mei-mirth! or might not
be decided against the accused; they, hone% er, remmuce the
discit-sion, hut in reuutineing it they wish their declaration to
b.• recorded. They will one day retort' to their country, and
they do not wish tosxpose themselves to the reproach of having
sacrificed the right which eminuntly belongs to an English vitt.
zen--that of maintaining even in chains, the preroptives of a
tree man.

M. the ADVOCATE-CENTRAL—To say that they submit to
be tried•by the French law, is to sac, that if they did not sub-
mit, the trial could nut take place. It is this pretrusion
I repel for the national. honour and interest. It matters little
whether bi your hearts you submit to the FrimeL •legislation ;
you are submitted to it by necessity. Crime is a thing pecu-
Hark: belonging to local
•jurisdiction. The offence was com-
mitted in Treace-, the prosecution of it.behnigs exclusis•ch• to
the French law : English pi isouers,.theretere, shied on our
defence! r Acme (moans.)
The•Cowrt, after a short deliberation, pronounced the co:tow-
ing decision . _

"Became evt ry offence committed in a tprrilory in an objert
of jorisalirtion, and because the exception denhonlett by the
English prisoners, ix nut alleaot ol by •ruy constructioa or the
criminal cock of;Vranee, the ('curt locriarcs that :burr is ins
~rounti /the reeoroliag, at the reoineht of the Lughsh pr,-
“nterx, Air d miaratiolL mow mask by them, the Court therefore,
orders the trial to proceed."
1 Hue Os clerk, read the arrat of the act of accoaatien drawn

APRIL Vt.

up by the procutcur.general 'l'he reading lasted more
than ban
The A evocaTu-arNEnat. retraced rapidly the facts of the
indirtmert, and fixed the attention of the jury on the principal
points; he applied himself particularly to the distinction in the
ca-sea of the ilitierent prisoners. Some but cto answer for s
crime: others fur an offence only, lie remarked that the
Chamber of Accusation had remitted to the three Englishmen
the charge of having conspired against the legitimate goveru.
'tient of France. I now leave (said hr) the facts to develope
themselves, it is right that you should receive your first im-
pressions from the evidence. You will observe with coolness,
and determine with coolness. I need not tell yogi, gentlemen
it ti'' jury, that justiee, whose impassis e organ you are, has
nn revird to the distinctions established in society, weak or
powerful, rich or poor, natives or foreigners, in all the accused
justice sees only men, it knows nothing of their quality, it
wishes to know their actions; but what more can I add to the
dignified sentiment width you entertain ter your fractions;
When the question concerns equity. justice, honour, I need
use no tiarthi r recommendation to a French jury.
Madame Lavaletle, liie young lady her daughter, and
'their old fetuale domestic, have not been summoned here as
witue,scs at the regito,l of the public prosecutor, but of the.
prisoner Eberle, therefore they will not be !mind till after the
charges are gone through.
The Presideiit here successively interrogated the accused,
their answers referred to the details already given in the in.
die tuuwnt. . . . . .

tVe pars over in silence the long interrogatories of Eberle,
and the debate which they gas e rise to between him and her.
guider, as no new fact resulted from them Eberle still ap.
Pwired to labour rimier the most nnfavottrable Presumptions,
while the keeper of the prison was only so far culpable, that
he had omitted some precautions which lie did not think ne-
cessary, and shown sensibility when he should have shown
only vigilance. 'f ears dimmed his sight, a gaoler should tic% er
weep.
M. the Pnestricx.r made I'm! following, observation to the
'gaoler: " On the guth of December being informed by air
the Advocates-General that the execution of the eon% tet larva-
lette was to take place next day, von went to consult M. the
Coma Anglo, prefect or Police. Ton said to him,' Alailenee
Larahette is in the prison. most 1 tear her from the arms of her
hosband ?' M. the Conn: Angles said to you. • 1 gise you no ad-
vice, see your superiors, it is tar yOll to know what are the
duties of your situation. You are a Mall, but you are a guider.'
do not say, added the President, what you might t..) have
stanc, bat at least you should have redoubled your vigilance."
The President then addressed himself to M. Bruce:
•

Q. How long have you loom in Prance?- 4. About 13 month 4.
Q. Yon remained here during the stay of /Intinapartei—
A. Yes., I lest Paris two hour, after littonaparte, when he went
to take command of tile army. I ditl.not think it right that an
English gentleman should remain in a country which had emu-
IneliCett li stilitice against III• own.
Q. It appears that you returned to Paris, and were here on
the gstlt Julie. 1. It Wan bCt`allse Sitc;:t, who com-
manded that part of the frontier which 1 wished to pass,
refusal to let Ise pass, iu spite of a letter which l mote to UM.
and I was obliged to return to Paris.
Q. You wrote also to Nla.laine the Duchess of it. Leu, whom
you called Imperial although }our oseFront.,A hind
Dever recognised Ilitonaparte an emperor.--1• It is true that
1 wrote such a letter, I gave her that title, because it was the
one she bore. .

Q. You were connected with several persons in the intimate
confidence of Ltuunaparte, particularly the Duke of Vicenza?
-- V. It is true but Ido not sec is bat relation these questions
have to the affair of Lavulelte.
Q. It b. nut tar the accused to judge of the merit or of the
alike' of the questions addressed to him: the President has
a discretionary power ()quitting what questions he thioks pro-
per. Was the..e not found at your house th. 7 ori•zinal of the
answer of the Duke of Wellington to NluvAial Ar.. You took
a very lively iutore,t in Marshal !Sky Yes, a very lively
interest, I do not blush to own it. The lutist lively interest
during his trial.
44. Was it to you that the first overture was made of the
plan of transportiii4 Lavaletle out of France, and of the plait
uj toncealnienti--A. There was no question of cuwealtutatt,
fur that was no longer possibie.

(The President explained the judiciary sense of the word
reedy. I; was to shelter a luau from proseention, to withdraw
him front the power of the law, by concealing him Muter for a
short or a long time.)
l'he are well here reconnt.d the manner in which he bail
heel' mysteriously solicited to eo-operate in the Hight of Lava-
lette from Paris. If possible, said he, I would have effected
I:is elcape I> myself alone ; for I could not repulse a man who
had pot his lit:, into my fronts. I, however, obtained kis con-
sent to confide his secret to one of my friends. I spoke to one
friend, who gave me a charge to another. I will not name
these friends; they wilt name themselves.
Q. It was you who received Lavalette at the house of Capt.
}Hutchinson?--.t. I received hint when he was conducted to
the house of that person whom I have not named.
_

11 lutchin.son, who was close to Bruce, bade him name Weil
President.--Ttais ifisevetion V. ty useless, fur 31eAsrs. Hatt •
chinson nail Wilson have denied nothing, 114 '.ou know by tle!
publication of tivose pieces which hare been circulated in it
manner SO C.)ittr.tvy to our practice. Y.,u know that Lavatette ,
passed the nizlat ati the house of Capt. Hutchausun, and that
Hutchinson dues riot deity it.
itrnee.—lt was not myself who enzaged Hutchinson, who
a.:•taivizes me. to pronounce his n.uue, to receive 31. de Lava-
tette.
o..neral Wilson (rlsitrzl.—lt was I.
Thc President to 31. Bruce.—Ther.• was found at the house
,s;* Omit, a inemorand of an expence of 1.00 francs are-
easielled by Lavalette's jounaey.
Bruce paid this sum, anal sent me the me-
morandum at my request.
The President Baca iaterrozated 31. Mitchinson, who azreed
to all the facts that enneermai him. It was at has house that
Livalette slept on the night from the 7th to the Sib of January.
There is no trace or the retreat or Luvalette between this pe•
riot and the 211th of De-ember preceding.
Q. kTu Ilutchinsuit)—Vuu escorted Lavalctte i—A. Yes, on
hors. back.
Q. You wished no doubt to serve your friend: ?—A. Nut so:
I was actuated by a senti..ient of hannat.:ty,
Q. But you dad not take a plait:roar intere t—an interest of
the heart, in th:s project, b,• cause you gays a memorandum of
your a (.. nenal tta Boni —t, I .141 so, beau.: desired
to d,, .; e ; 1.,1t. i IV • 4.l;At interest in laavalette„
Tc • ••''t'.:suo.—Didyou know Lavalette
•
but..,.• • t .`,•.11.1 -.A. s • I'.
Q.v • Ci n , Nu: service

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