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

'r%W NATIONAL REGISTER.

109

evidence. The Jury, after a few minute% comultation, found the prise.
ncr

THIRD ~DAY.
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.

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 evidence, in support covert
charged against the prisoner, 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 pervious 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 heard an address from tilt.. Baovonam, and the re
earne ply
of the Alrov. Ti EY -GEN ERA retired with the charge 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 Jury
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 thosin p
the
sans who who are the objects of them ra 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 fallenel
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 therefore.
I shall here drop the prosecution 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, without declaring
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 himself to Ise. One as-
sertion of the Attorney-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 extended 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, declared his
readiness, if mercy were extended to him, to serve hisssountry to the
last drop of hisu„sd.
.1 he Cotes Brno~ then proceeded to pass sentence in the following
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 performance 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 you are dead, but to be cut down,
‘ iiclea t execution,ca, andand whilst yet alive your bowels 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.
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