The Sun.
London, England, 1853-03-22 00:00:00

HOME CIRCUIT—KINGSTON, MARCH 21
CROWN COURT.
(Before Mr. Justice Coleridge.)

1 ' This morning having been appointed for the trial of
- the four Frenchmen who were charged with murder
arising out of a duel that took place in October last at
Egham, considerable interest appeared to be
crearefordine
the proceeding, and the court was crowded long
the usual hour for commencing business. A great num -
ber of Frenchmen were among the spectators, among
them were M. Louis Blanc, together with a great many
of the French refugees.
At 10 o'clock the prisoners, Edmund Allain, 36, de-
scribed as a wine merchant ; Etienne Barronet,
46not-
ary, Emanuel Barthelemy, 29, engineer
ed ' and
at the bar, Philippe
Eugene Mornet, 42, labourer, were p
the indictment which charged them with the wilful Mur-
der of Frederick Cournet, was read over to them.
The prisoners all pleaded not guilty, and elected to be
tried by a jury composed half of foreigners.. An inter-
preter was sworn to explain the evidence to them.
Mr. Locke and Mr. Knapp were counsel for the pro.
secution ; Mr. M. Chambers, Q.C., defended Allain;
Mr. Parry and Mr. Ribton defended Barronet ; and Mr.
Ballantine and Mr. Needham were counsel for Barthe-
lemy and Mornet.
The learned counsel, in opening the case for the pro-
secution, said, that although the prisoners had exer-
cised their privilege of being tried by a jury partly
composed of foreigners, yet he was satisfied that
all the gentlemen who occupied the position of
jurors, would be actuated solely by the desire to
perform their duty, and to uphold the law of the
country in which they lived, and that they would decide
the present case just the same as if four Englishmen
were placed at the bar instead of four foreigners. He
then proceeded to state that the prisoners were charged
with having caused the death of one of their countrymen
in a duel ; and he said that, by the law of England, the
killing of a fellow creature under such circumstances was
held to amount to murder, and, subject to the ruling of
his lordship, the only question, as it appeared to him, the
jury would have to decide was, whether the prisoners
were proved to have been concerned in the duel ; and if
they were, whether as principals or seconds, as they were
commonly termed, their offence according to the law of
England would amount to murder. If he should make
out this fact to their satisfaction, it would be their duty
not to shrink from returning a verdict of guilty ; the
punishment that would follow such a verdict would, of
course, be left to other hands, and no doubt the clemency
of the Crown would be extended to the utmost in such a
case. The jury, however, had nothing to do with the
result, and he was ,satisfied that they would return a
verdict in accordance with the oath they had taken.
The learned counsel then proceeded to state the facts of
the case as they afterwards appeared in evidence, observ-
ing that the evidence would tend to show that Barthe-
lemy and the deceaSed were the two principals in the
affair, that .Allam and Barronet acted as' the seconds
to the deceased, and Mornet and another Frenchman
named Brisson, who had made his escape, had acted
in the same capacity for Barthelemy. He said that
there was one circumstance in connection with the trans-
action which would lead to an inference that there had
-been some unfair play, which was that it appeared that
only one pistol had been discharged, and upon the pistol
used by the deceased being examined after the occurrence
it was found to have a piece of rag in the barrel placed
close to the breech so as to prevent the powder from ex-
ploding. He should not be able to prove by any evi-
dence how this rag got Into the pistol, but it appeared
quite clear that it could not have come there by accident,
and it certainly appeared to be a very suspicious circum-
stance. He concluded by saying that he should lay all
the facts before the jury, and when they had heard the
evidence he should produce, and had heard from his
lordship the law with regard to the subject, he felt as-
sured that they would perform the important duty that
devolved upon them in a manner satisfactory to their
own conscience and to the country.
The following evidence was then adduced :
M. Francois Pardigan said —I knew the deceased. I
last saw him at a quarter to eight o'clock at the Water-
loo Railway station on the morning of the 18th of Octo-
ber. I saw him dead on the following morning at the
Barley Mow at Englefield-green. I know three of the
prisoners—Barthelemy, Barronet, and Allain ; the two
latter were with the deceased when I saw him at the
railway station. I also saw a gentleman of the name of '
Brissot in company with the deceased on the morning of
the 18th, and I heard the deceased ask him if he "ac-
cepted." The deceased asked me to accompany Allain
and Brissot as an interpreter to hire a pair of duelling
pistols. We went to two shops, but they refused to let
pistols on hire. We asked for pistols that would fire
with precision—shooting-school pistols. We went at
last to a shooting-gallery in Leicester-square, and the
proprietor consented to let us have a pair of pistols on
hire, and Allain and Brissot examined them. The owner
of the pistols said that they had been used the same day,
and they were not clean. M. Brissot took the pistols
away with him, wrapped in brown paper, and they were
taken to my lodging, where Allain and
Briasot cleaned
them. Allain and Brissot each cleaned one of the pis-
tols, and I gave them a piece of white rag for the pur-
pose. I took the rag from a drawer myself. It was
about the size of a pocket handkerchief. I gave therii a
large pencil uncut, and they used that to clean out the
• barrels of the pistols, after I had cut some notches in it
with a penknife. They tied the pistol to a small walk-
ing-stick, and by this mean's they cleaned the barrels of
the pistols ; and when they had finished, each of them
blew down the barrel of the pistols and put their finger
to the touch-hole, and then said it was well. As the
rag became dirty they tore off a portion and threw it
into the fireplace. After the pistols were cleaned they
were placed in an envelope, and Allain and Brissot said
it was necessary to seal them, and when they were
wrapped up in paper thirteen seals were placed upon
them, and they wrote on the paper, " A Hain, thirteen
seals—Brissot, thirteen seals." Allain then put the
seal into his pocket, and the parcel containing the pis-
tols was given to Brissot. I recognise the paper, and
the seal now produced as the same made use of upon the
occasion.
By Mr. Chambers—l knew M. Barronet first during
the Exhibition in 1851. I saw him very frequently at
that time. I have always heard that he was a man of
very good reputation and character, and a man of hon-
our and a gentleman. He also had the reputation of
being a kind and h'uniane man. From what I saw
relating to the pistols, everything was done with perfect
honour and integrity by both parties.
Re-examined—I never saw the pistols from the time
I have mentioned until they were produced before the
magistrates at Chertsey.
Mr. H. Hand said—On the 18th of October I was the
proprietor of an exhibition in Leicester-square, called
the Assault d'Arms. On the 18th of October I lent a
pair of pistols to three foreigners, and I furnished them
also with twenty-two bullets, about the same number of
percussion caps, and some gunpowder in a flask. The
pistols were afterwards returned to me, and I now pro-
duce them. When the pistols were hired, the parties
said they wanted them for practice. I can only recog-
nise the last witness. Ido not know any of the priso-
ners. The pistols were not clean when the parties took
them away, and I told them so. The pistols were brought
back to me on the 19th of October, and I paid them back
about 61, 15s. They had deposited Si. with me, and I de-
ducted 1/ for the hire, and the remainder for the flask,
which was not returned. I examined the pistol, and
being told that one was loaded, I put a cap upon it, and
tried to fire it, but it would not explode. I tried it a
second time, but still it would not go off, and I then un-
loaded it by unscrewing the breach of the pistol, and
discovered a piece of rag between the powder and the
nipple, which prevented the former from exploding. It
was impossible to discharge the pistol while the piece of
rag was at the bottom of the barrel.
The witness produced the piece of rag he found in the
pistol, and M. Pardigan said it was of the same descrip-
tion as that used by the prisoners Allain and Brissot to
clean the pistols.
M. Denis said—l keep a coffee-house in Old Comp-
ton-street, Soho. All the prisoners were in the habit of
coming to my shop. On the 4th October I saw M. Bar-
thelemy there, and he inquired how my business went
on, and I told him that M. Barronet, M. Cournet, (the
deceased), and another gentleman boarded with me. He
then said he had a letter he wanted me to give to M.
Cournet and I gave him a sheet of paper and pens and
ink. He began to write, and in a short time he said he
could not complete it as he wished to look at one of the
last letters of M. Cournet. I asked him if he knew
Cournet, and he said he did not ; and I told him he was
a fine robust man. M. Barthelemy then raised his arm
as though iu the act of levelling a pistol, and he said—
"At tail I don't fear the first corner." He then went
awahy, and said that he should probably return in about
amy n
lour or an hour and a-half. M. llarthdlemy slept at
ruse el' the night of, the 18th of October, and he
wen out about a quarter past six o'clock the next

morning.
By Mr. Balla.ntine—i
land, but I only speak a ;aye been five years in Eng.
Engleig. little English. Very few
montnhnsi
of ray customers are
about seven or eight I had known Cournet
glee
he breakfasted and
dined at my house, but did
mterett there. Barthelemy
rarely came to my house.
talk about
of M. Bar-
alk about firing,
thelemy I frequently heard Cournmetnr
Jane Pettingall said—On the
uetehnedniigahsst
I went down to Windsor upon buslitnineg of IDethber 19
o'clock train, in the morning. I was inssaa3lsB:y
carriage. The train arrived at Windsor
half-past nine o'clock. Three foreigners were nine or
same carriage. Two of them were the prieln the
Barthelemy and Mornet. They conversed togethenreZ
French during the journey. I understood what the,
said. The name of Cournet was mentioned, and I heard
one of the gentleman say he would kick laim and cane
him to death, and I saw Barthelemy take his right hand
out of his coat pocket and look at it, and say, "Je ne
Buis pas agitee.' M. Mornet had a cloak on, but I ob-
served nothing particular about his appearance.
Francis Farquharson said—l am a guide at Windsor.
I was at the station on the arrival of the ten minutes
past nine train on the morning of the 19th October, and
I saw six gentlemen, who appeared to be foreigners, get
out of the train. I believe the prisoners were some of
the gentlemen I saw. I afterwards saw the dead body
of a man who was one of the same party. When the
six„foreign,es got out of the train they walked up the
street in two parties of three each. One party went
into the Red Lion, and the other into the Adam and
Eve. I followed them, in the expectation of getting a
job. The ,two parties came out of the houses I first saw
them go.into, and went to two other houses of entertain-
ment, and they soon afterwards came out together, and
all the six walked away in two parties towards Eagle
field-green. On the same afternoon three of the gentle-
men came back to Windsor. Two of the prisoners
(Barronet and me
know
any
of
the
0/let) I can recognise, but I do not
away by the train foerrs.L These three gentlemen went
London, and I observed before

`' they started that the prisoner Mornet had something like
an umbrella wrapped up in his cloak.
1 Margaret Perkins—My husband is a labouring man
t at Egham. —On the morning of the 19th October T was
going across the Eng,iefield-green about twelve o'clock,
and when I came to a place called Priest's-hill I saw six
gentlemen, who were apparently foreigners, standing
together. They then all came out into the main road,
and, after they had taked together a short time, they
went towards Priest's-hill: The four prisoners were of
the party, and the deceased also was among them. Two
of the party went into a field, and I heard a whistle,
and the rest of the gentlemen joined them in the field,
and I observed them cross another field, and then I saw
nothing more of them. I saw the deceased soon after-
wards at the Barley Mow, and I recognised him as one
of the party.
William Herbert said—l am a labourer, and reside at
Barham, in Berks. On the 19th October I was in the
neighbourhood of Englefield-green, near Priest's-hill,
when I heard several foreigners talking in a meadow,
and I stopped to listen, and in about five minutes I
heard the report of a firearm. I only heard one
report, and then a man halloed, and I saw a man
come up the hedge into the road. I cannot recog-
nise either of the prisoners as that man. A medical
gentleman named Hayward came up; and I accom-
panied
him and one of the foreigners into the second
meadow, where I saw a man lying upon the ground, who
was bleeding from a wound in the side, and the prisoner
Allain was endeavouring to sop up the blood. I wished
to carry the deceased to the Barley Mow, at Engle-
field-green, and Allain and Mr. Hayward accompanied
us there.
By Mr. Chambers—The prisoner Allain seemed very
sorrowful, and to be in great distress of mind at what
had occurred.
Mr. Hayward—l am a surgeon, and reside at Egham.
I was passing up Priest's-hill on the 19th October,
about a quarter to .one o'clock, when the prisoners Mor-
net and Barthelemy came up to me. A third man was
with them. One of them asked me the road to Windsor
in broken English. When I got to the top of the hill,
a third foreigner ran from the field into the road. The
person was Barronet. He asked me to accompany him
to place where, he said, his friend had been wounded by
a bullet. I believe he had been told before that I was a
surgeon. When we got into the second field I saw
Cournet lying on the ground, and Allain was attending
to him. I saw that he was wounded on the right side,
and that there was a corresponding opening on the left.
The deceased was removed to the Barley Mow, and in
about three-quarters of an hour Barronet went away.
The prisoner Allain remained until he was taken into
custody. I stayed with the deceased until five o'clock
in the afternoon. The three men I first met came in the
direction from the field in which the duel was fought. I
saw the body of the deceased after death, and ascertained
that his death was evidently occasioned by being shot by
a pistol ball.
By Mr. Chambers—The three men were at least 150
yards from M. Barronet. He did not tell me what was
his object in going to London.
By Mr. Parry—Allain appeared in great distress of
mind. He talked of M. Cournet as an old friend. The
deceased died about six o'clock. He appeared to be
very much devoted to Allain, so long as his senses re-
mained, and I never saw more real feeling than was
evinced both by Allain and Barronet.
Charles James said that he met three foreigners on
Priest's-hill on the morning in question, and they told
him that there had been an accident, and asked him
where they could get a cab or some other conveyance.
Two of the men he saw were Mornet and Barthelemy.
By the Court—Priest's-hill was about three miles from
Windsor.
Mr. John Madigan, the station-master at Windsor,
deposed that on the morning of the 19th of October, he
'was in the office prior to the starting of the half-past
two o'clock train for London, when he saw the prisoners
Mornet and Barthelemy and another man, who also ap-
peared to be a foreigner. Mornet carried his cloak with
something like a sword wrapped up in it. These three
men took their seats in a second-class carriage, and in
about five minutes Barthelemy came to the station, and
he walked along the train and looked into all the carri-
ages, and then he changed his ticket, which was a
second-class one, for a first-class ticket. After the train
had started, he received a communication to the effect
that a duel had taken place, and he sent a telegraphic
message to London by the Great Western Railway, and
on the same evening Barthelemy, Barronet, and Mornet,
were brought down to Windsor, and he recognized them
as the persons he had seen in the afternoon ; and he ob-
served to the policeman that in taking Barronet they
had taken the wrong man. He thought at the time, by
his coming to the station after the other three, that he
had nothing to do with them.
John Underwood, a police-constable, proved that
upon the receipt of the telegraphic message by the Great
Western Railway, he stationed himself on the platform
of the South-Western Railway upon the arrival, of the
3.25 train ; and in consequence of the description given
to him he took Barronet, Barthelemy, and Mornet into
custody. The two latter got out of a second-class car-
riage, and the other prisoner came up to them, and he
did not see where he came from. The clothes and shoes ,
of all the prisoners were very dirty. As they were i
going towards the Tower-street police-station, a fo-
reigner who was standing in the Waterloo-road came
up to him and offered him a sovereign if he would let
his friends go. He told him he could not do that, and
Mornet was then about to hand his cloak to some per-
- :ton who was following him, but he took it away from
him, and found two swords wrapped up in it.
John Noble, a constable of Windsor, proved that
from information he received he put the' telegraph in
motion, and afterwards proceeded to London, where he
found the prisoners Barronet, Barthelemy, and Mornet
in custody, and he conveyed them back to Windsor.
He found some percussion caps in the possession of the
prisoner Barronet. Upon the prisoner Barthelemy being
starched two right-handed gloves, both of which were
split across the palm, were found in his possession.
Mary Day deposed that she was called into the Bar-
ley Mow to lay out the body of the deceased, and she
found a bullet in the bed.
Mr. Biddlecombe, the superintendent of the county
police for the district, said, that from information he re-
ceived, he went to the Barley Mow public-house about
six o'clock in the evening of the 19th of October. He
found the deceased quite warm, and. apparently just
dead. The prisoner Allain was sitting by the side of the
bed. A gentleman who was in the room told him who
witness was, and he pointed to the deceased and said,
"My friend." Witness assisted in undressing the body,
and saw that a bullet had passed through the clothes of
the deceased, afid also completely through his body.
He likewise found the half of a railway ticket, from
Windsor to London. He took Allain into custody, and
found in his possession a poVider flask, nine bullets, a
quantity of copper caps, anti a seal, all of which articles
he produced. He likewise found upon the deceased a
,passport in the name of Bouquet. Witness was present
at the magistrates' office when the prisoners were under
examination, and upon one occasion Barronet and Allain
handed in a statement, which they afterwards signed.
Mr. Locke was about to put in the statement as evi-
dence, but Mr. Chambers objected to this being done
until it was shown that no inducement or threat was
held out to the prisoners before they made it.
Mr. Edgell, one of the. magistrates before whom the
inquiry took place, was called as a witness, and he
stated that when the prisoners expressed their desire to
make the declaration, he cautioned them in French, and
made them distinctly understand that by the law of
England they heed not make any statement unless they
pleased, but that if they did it would be used as evidence
against them.
The statement was then given in evidence. It was to
the following effect :
" Whatever may be the consequences of the severity of
the English law against duelling, of which I was ignorant,
I declare that I was the second of M. Cournet on the 19th
October ; that the obligations of sincere friendship I enter-
tained for him would not allow me to refrain from accom-
panying him in this fatal rencontre. He was my best
friend ; I had found so many noble qualities in him. I did
all I could to avoid the rencontre, but I had to obey the
laws of honour, friendship, and the customs of French
duelling. Were Ito pass the remainder of my life in pri-
son, I would never disclose the name of the person who
was the adversary of M. Cournet. Now that I know the
English law, honour forbids me from mentioning the name
of an antagonist, if he cannot or will not do so. lam a
prisoner, but I will ever quit a prison by making a decla-
ration which is repnant to my character and habits.
(Signed) " BARRONET."
The following statement, made by the prisoner Allain,
was put in :
" I adhere to this declaration, and it is quite in confor-
mity with my sentiments. (Signed) "ALLArN."
This closed the case for the prosecution. '
Mr. M. Chambers then made a most eloquent speech
to the jury on behalf of his client, Barronet. He com-
menced by declaring that his learned friend who ap-
peared as the counsel for the prosecution had, in his
opinion, not correctly stated the law in reference to the
matter now under inquiry, and that he had wrongly de-
scribed it as stern and cruel, for such it must be if men
were to be convicted of murder under the circumstances
had been detailed in evidence that day. The law of Eng-
' land, on the contrary, was merciful, and made great allow-
ances for the infirmities of human nature, and did not re-
quire from mankind more than mankind was capable
of performing. The law of England also mercifully
considered that foreigners might be ignorant of the cus-
toms and the laws of this country, and, therefore, gave
them greater privileges than were conferred upon
Englishmen upon that supposition. What, then, were
the circumstances of the present case ? Here were four
unhappy exiles from their own country, a portion of a
great number of others similarly situated, who had been
forced to seek a shelter and asylum in England, charged
With a most serious offence. He would observe that
this was the first charge that had been made against any
of these men of having made a breach in the law of the
help in which they were sheltered, and he could not
geip remarking that it appeared to him that this was
very much to their honour. The prisoners were charged
(tyriluiiete3hi,,
wit)huerteehper offence of murder, upon the supposition that
such a chargeec,
show some malice ond coji
Surely, he said, there ought
between the seconds
the seconds of the
eenannitevihen another person was kiiled in a
hoaf tgt}:hieei
killing
was sufficient to support
party
ytkenildlied that it was necessary to
113 tart of the persons accused.
to be some distinction made
, v
, apse partyr
aha neawdcp
ohs f
his
snwt hdgaeesatlroakewisi killed
didcommon
dinfriend,
mn
onont
d
humanity to convict of 7wrdheernaitm7 who acted
make such a distinction,t
so. He asked them if it thought the jury would do
sense or
iafst sbeacto
mndantohaarr:potehoeerd,
twohboewkaislled
was perfectly
clear that the second had no intention whatever of ki!U•
ing him, but that, on the contrary, his death was a
source of the utmost grief and
_misery to him ? It
appeared to him that the mind of a sensible man
would
calledldrev uponoltatto comingbrantdo sasuchmaldcoenrcelrus men whos'ton• They
were
had only done what
had been done on many other
occasions by persons infinitely above them in station