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

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 wlu•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 returned 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 wife of Brigatid repeats a part of the dewy given by
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 5111/41.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 41• 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, declared, 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 6n 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 sayings
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 In.
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 the
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")plt 14.)
All the tact, have a iesembiance to evrly-day ocenrretrees:, 4 . 6
We have a woman who saves 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 Ind, 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_

r

I

*their a.seertiotes; but it is itosunibent on them to explain the
motives of their condom. Our of them (namely. Ili ho
was the first confident in this &taw, will declare, that, adver-
tised of the retreat of Lavalette in Paris by au 411011SLM01111
letter, :it which be himself recta% eat eumplimesite, he believed,
according to the declerations of the said tette r, that he was the
only prison who conk, save him. At first his pride was flat.
tried ; then his natural seestbility nail excited ; and, last of all,
his understandine was csalted by discovering in the escape of
11Avalette sontetliltee romantic, and even miraculous, which
powerfully struck his imagination, and impressed his heart.
'Doe etaer (Hutchinson) dial not feel the same decided warmth
of fancy. It We' :0 his mind, a sentinieut of humanity which
•exel ted itself in thel cause of Lavalette: he only yielded to
the desire of sit% isg an unfortunate man. The third (sir Itoht.
Thomas Wilson) de•riv es the motives of his corset :et from higher
considerations. He imagines that the honour of his own go-
vern:wait would base been riestroved, if a sentence of the
royal court of Paris was exesuted. •He does not concern Wm-
pelt' with rho rights of soverelgort, or the unquestionable au-
thority of th,: judicial power in Erailee over a French subject.
Alai! truly these arc comanon rules. The capitulation of Paris,
-however, is his law. It has been violated, and be cunceives it
to be his duty to clear his government of the opproarium
which that violation casts upon it. Thus the convict was to •
be saved for the honour of justice and that of Eaglatel. You -
shall soon see how much truth there is in all this but, before
we discuss his intentions, we mast establish facts.
The convict had escaped from prison, bat it was necessary
to escape from Paris. 1k could not here be concealed from
an active poliec—a police which never sleeps—which has a
hundred eyes to see, and a hundred hands to aapreliend—
which always succeeds in seizing the object whom it pursues.
It wa, necessary, therefore, that Lavalette should leave Paris,
and cseu Frani c. You . arc already acquainted with the plan
and the details of his escape. He effseted his escape in the
imiform of an !Menet Officer. anal accompanied by Loglish of-
'neer.; as tar as Compiegne, one of whom conducted LAW as far
as Mons.
Thus Bruce, who received the first confidence, goes to com-
municate it to HUICIIIRSOC, then to Wilson. The plan was At-
ranged between then,, and each of them engages to act his
part in co-operating for its accomplishment. Bruce Is to pro-
cure the measure of Lavalette; Hutchinson ordere the clothes;
Wilson is to secure two passports under feigned mimes. thee
of them engages post horses, another lends his carriage, and
the third his -lodgings to receive thh convict on the night pre-
vious to his departure: and they all assemble on Sunday the
7th of Jatinary for the final accomplishment of their Wriect.
The pretext of their meeting was au arrtngcnictit for a hum.
intt-party; hut, at nine o'clock at night, an unknown individital
announces Lavelettc, who is introduced, passes the night in the
lodging:, and sets out with them on the following morning. I
shall not trouble you with an acconut of the journey. I shall
not descant on the measures they took before setting net, or
the boldness and grandeur of enterprise which they disclosed.
I shall lay before you the precautions they took against :we--
dents —the led-horses for the purposes of flight, the arms for
the pawpoecs of defence--in a word, all those circumstances
which invest an expedition with adventure and honour. 1 will
lead your attention to one point : I mean the asylum given to
the culprit before his departure front Paris ; and that given
upon the road, in a house at Compiegne. This is called, in the
language of the laws, a resale'. The simple fact of concealing
condemned criminal is in itself a crime. The opposition of
the accused Wilson, his protests against our procedure, his per-
petual invocation as an Englishman of the judicial forms of his
own nation, are all connected with peetensions which cannot
be listened to in matters of criminal justice. Criminality gives
the right of punishment ; it bestows jurisdiction, for it aims at
public order; and there is not a nation on the earth, there is
not a social body, which does not in the hie:hest degree possess
the right,and he under the obligation, to punish those who in-
ftinge it. livery malt sleiold know, when planting his foot
open a foreign soil, that -his first duty is to observe its laws.
Does be not eajaay their protection—du they not watch over
his safety—and rim he invoke their aid in one case, and brave
their authority in another? Good sense alone renounces such
an error. As to the forms of inquiry, as to time mode in which
the criminal tribunal is regulated which applies the laws, it is
clear that they depend upon the right of sovereign jurisdiction.
Every state has its justice, and also its mode of administering it.
It is said, that a Frenchman accused of having committed a
crime in England is entitled to have one-hall of his jurymen
French. This is a privilege, doubtless. Here, however, you
swill have no need of this privilege, it will be useless to you :
Justice does not enquire whether you are natives or foreigu-
e is; it views you only as accused; anal it will know no other
distinctions but those which proofs shall establish between in-
nocence and guilt.
I proceed to the examination of these proofs, but I must first
touch upon the head cut' accusation.
Bruce, Hutchinson, and Wilson, are charged with being ac-
romplices in concealing Lavalette, lu ewiug that lie was con-
demned to die. The consequence is, that they facilitated and
constainniuted his escape. Anal here I must anticipate a dispute
about words. It will be said, that the escape was the act of is-
suing (ruin prison ; that outside the gates it wa. consummated ;
and that thus it is false to charge the accused with hoeing face-
Hated and comminmated a thing already June.
But wa must look to the sense in which they are inculpated.
It must br true, that the escape was this souse--
that the re-capture of the convict was rendered impossible. In
vain dial the pull( e snake its searches tit Paris, wham the convict
was no longer the re ; in vain, also, did it search for him in France,
when he had passed the frontier; and thus the escape was con-
summated.
But the fact which constitutes the crime which stands at the
head of the accusation is the concealment. It does 11,1 i signify
eether it aided or did not aid the escaae : it is, indeed, also
little importance, that even if the convict had not been ulti-
mately able to save hiruselfahad tie been re-taken in the very
plsee sersei as his asj lute. :cue vaan who bad procured it
har him would Lase been not the. WWI guilty.
In one word, concealment is a distinct offence from that of
escape ; and to establish (Iris paint of crimf Jai law unanswera-
bly, it is sutf.eisut to CUilipitit eauctments of the law on the
two subjects.
In the offence of escape, all who en -operated in it are punish-
ed : there is no distinction, except in the .pciailties ; for he who
is placed as the keeper is more guilty than him who is not ; be-
yawl this the quality of the person is no feather regarded; and
though eublic opinion may revolt at it, and litimaiaity sued a
te.:r, a sun is not at liberty, legal!) speaking, to aid his father,
nor a w ife her husband, in breaaing from prison; awl if Madame
Lavalette has not been brought to trial, it was because, notwiih-
" atandiMr her ostentatious declarations, justice remained doubt
and that it still perceived the influence of the
ana-
act by which a wife tessieted her husband.
rarity at principle? 'llw reason &lawless
t sacred elld insiolable place ; Mat those
'nu mure to eotivry, but to juslice, which

ritatauthocity in the 61
Wily, then, this sew:
19, tliat thr p ison is a
confuted Iliac Lotlvng