The Sun.
London, England, 1822-10-07 00:00:00

FOREIGN INTELLIGENCE.

PARIS, OCT. 3.—The Duke of Wellington ar,
lived at Carlsbad on the 25th, about half-pass
one o'clock : he proceeded o❑ his journey imme.
diately to Louisbourg to visit the Queen of Wir.
tern berg.

On the 23d a courier was sent from Vienna to
the Duke of Wellington, requesting him to repair
,to Munich, through which town the Sovereigns
would pass on their way to Verona.
A telegraphic dispatch from Strasburg an-
nounces that Caron suffered yesterday the execu-
tion of his sentence.
A letter from Bordeaux-of the 27th of Septem-
-11?r contains the following details :
We are beginning to feel the effects of the

Ordonnatice which has removed the
r.ulties which the Sanitary Cordon placed in the
•sCay of our communications with Spain. The
iicinity of the troops which now form the
Army. of. observation increases the price of
Provisions, and it is said that several towns
'on the frontiers of Spain are forming ma-
gazines. Government has, it is reported,
;ordered considerable purchases of grain and fo-
.rage .in several departments of the South of
,France. The eleventh military division, which
did not form part of the Sanitary Cordon, is at
iiresent included in the Army of Observation.
OCT. 4.—His Majesty, on 'the report of the
Garde des Sceaux,- has commuted into twenty
:years' imprisonment, in the case of Fradin, and
15 years of imprisonment in the .case of Senne-
chault, the punishment of death to which these
'two accomplices of Berton had been condemned.
The Duke of Wellington left Augsburg the
`?7th ; he was expected to arrive at Vienna
the 30th.

COURT OF CASSATION, PARIS, OCT. 3.

APPEAL OF LIEUT.-COL. CARON AGAINST HIS

SENTENCE.

Tbis appeal, such as it was, had the novelty of being made
after the unfortunate man was actually executed ; nay, after
his execution was known in Paris.

M. ISAMBERT stated, that he had been charged to submit
to the Court the appeal of Lieut.-Col. Caron. His sentence
was known in Paris by means of a telegraphic communication ;
but neither papers nor memoirs had arrived which he could
bring before the Court to justify it in attending to the appeal.—
He had written to have the documents forwarded, to apply for
_delay ; he had denounced the judgment as vicious to the
Keeper of the Seals, in consequence of its incompetency ; the
Keeper of the Records of the Court had refused to receive his
reclamations ; he had applied personally to the President, but
with no effect in stopping proceedings, and now with the news of
Caron's execution, which may not, however, he true, he de-
manded if he mightplead for the admission of the request.
The ADVOCATE GENERAL merely replied, that the request
having been neither preceded nor accompanied by an act of ap-
peal, the Court he thought could not attend to it.
After a short delitteration the Court decided, that therc was
no legal appeal from Caron before it, and that it had nothing to
do with the request signed Isambert.
AFFAIR 014 GEN. BERTON AND OTHERS.

After the Report on this cause had been read,
111. IsAmnERT addressed the Court for Gen. Bert, and the
others under sentence, and contended for the first ground of
nullity, viz :—that M. Boisnet, one of the Jury, had not
.reached the age of 30, required by the Code. M. Boisnet, who
is a military man, had refused to come to Paris to give evidence
on that fact. A register of Baptism had been transmitted to
the Ministry of Justice, dated 10th of July, 1792, in which it
was stated, that M. Boisnet, the Juryman, was born the 10th
of June, 1792, but according to the Civil Code the age of a
person registered was only to be reckoned from the day when the
register was dated, so that as the list'of jurymen was notified
before July 10, 1322, M. Boisnet was not legally qualified to
sit. In the register, too, the individual was called Boinet, not
,Boisnet, and there are witnesses to prove that there Were seve-
ral Boinets, and that the Juryman who had been comprehend.
ed in the Conscription of -1812, as having been born between
, December L and 31, 1793, could not be the person whose re-
gister was produced. N. Isambert also asserted, that there
- were forgeries and alterations in the proves verbal of the proceed-
ings, awl he demanded that a delay should be granted to hear
witnesses on that subject.

M. MERILHOU said—General Berton had called me at the
!beginning of his trial to lend him my professional aid before
the Royal-Court of Poitiers. 1 accepted this confidence, but
the authofization of the Minister of Justice was necessary to
me ; it was refused. I offered to defend the General as a friend.
The General.asked permission of the PreSident of the Court of
. Assizes ; it was refused. M. Merilhou then offered some gene-
ral ideas on the right of defence, the source of which he referred
•to natural law. If the defence has not been free, he observed,
and if the public opinion is not convinced of this liberty, sen-
tences of condemnation will lose all the moral effect that might
be expected from them ; the condemned will suffer a victim in
the eyes of those who will not be convinced that he has enjoyed
all the liberty necessary to repulse the accusation directed against
• him. • The liberty of defence necessarily includes the idea of
liberty in the choice of a defender, and of liberty in communi-
cations 'with him. How will an advocate defend a client with
success whose entire confidence he does not possess, and with
whdm he cannot confer with freedom ? M. Merilhou then
offers as grounds of cassation, 1. The refusal to admit M.
Reynard, advocate at Rochelle, as Berton's defender. 2. The
refusal of a free communication between Gen. Berton and his
counsel: 3. The refusal of Mr. Drault to undertake his de-
fence. 4. The want of age of the juryman Boisnet. M. Mail-
lion also coMplained of the criminal partiality, amounting to in-
capacitation for the office, of the President Parigot, and the Pro-
-cureur-General Mangin, against General Berton. Ile pointed
out the violent passion manifested in the continual apostrophes
against Berton, " without respect for an accused in chains,"
',who-should be sacred in misfortune. , N. Mangin has address-
ed. hm by the name of coward, and reproached him with not
'..knowing'how to die, not remembering that he on whom he la-
virshed -these insults; had led Frenchmen to the field of honour,
and that his breast, covered with wounds, and decorated with
-,the mark of bravery, attested that the fear of death had never
dishenoured his life."
.M..ROC/TELLE followed foe Fradin.

M. IsArram.spoke again for CaftZ, in whose favour there
was a special ground of cassation, because the depositions of
Baillarf.Teau and Bourjoin, which were favourable to him, were
discredited with the Jury by the accusation launched against
them in the midst of the proceedings—an accusation which
turned nut to be so groundless that the chamber of accusation
declared a few days after that there was no cause for prosecu-
tion.—ln behalf of Jaglin, he urged that he had been found
guilty cf decoying soldiers ; a crime specially reserved for, the
.cognizance of the military tribunals.
The AIIVOCATE-GENERAT, opposed the demand for cassa-
tion on nearly the same grounds stated for the rejection of it in
the following decision,of the Court :
The Court retired to deliberate at three o'clock, and towards
'four returned and pronounced the following decision :
First, reariling.the four reasons for cassation presented by
the accused Berton; it decided—

1. That, according to the Decree of 15th Dec. 1310, the Ad. ,
.vocate Maynard, chosen/by Berton, was legally refused to him,
this Advocate having no right to plead before the Court which
,tried Berton without a special permission.
2. That the communications between a prisoner and his
Counsel are not ordered by the law to be free from all restraint;
that it rests with the prudence of the Procureur-General and
Presidents of Courts of Assizes as to what measures of security
circumstances may render necessary.
3 and 4. That an Advocate was appointed for the prisoner
according to law, he by having made an. improper. choice being
considered aS having chosen no one, and if the Advocate so ap-
pointed had neglected his duty, there did not result from it any
ground of nullity or caseation.
Second, with regard to the fifth and sixth reasons for cassa-
ticn presented by all. the condemned, it decided,
That it was fully proved that the Juryman in question had
attained the full age required by the law.
'o'latit was fully proved that the witnesses examined on the
4th Se:pteinher, as well as those examined on preceding days,
had.isken, the oath prescribed by Article 317.
That, as to the reason stated only by Caffe, the Judges are
authorised by article of code 530, to order the arrest of witnes-
ses whole deposition is false, and such an order is .no reason of
,cassatioa.

That,. as to the reason presented only by Jaglin, the subsi.
diary crime of which he was accused might be judged by the
Court with the principal fact to vhdch it was attached; and
~hat be bad been declared guilty by die, Jury of the crime pro.

,vided for by the Nth Article of the Penal Code, and that this
declaration justified the condemnation pronounced against
Jaglin. _ _

According to these views the Court rejected the different
grounds of cassation proposed by the condemned.
In deciding further on the declaration made at the audience
of a false inscription in the process verbal, and on the conclu-
sions of the defender of Berton in support of this declaration, to
which all the other prisoners have adhered, the Court stated,
That there was. no reason for cassation in an inscription
though false in a process verbal; and rejected the subsidiary al);
peal made on this ground.
And further, the Court decided, that the denunciation against
the President and Procureur-General of the Court of Assize
not being supported by facts, could not be admitted.
The Court rejected the application.

TRIEsTE, SEPT. 19.—A Captain, sailing under
the lonian flag, who quitted Kattagolo, 'one
league from Patras, in the Morea, on August 28,
and arrived here to-day, has declared in writing
—" That the Turks, who entered the Morea, to
the number of 23,000 men, commanded by three
.Pachas, have been defeated, and in a great mea-
sure destroyed. Dram AU is taken prisoner,
and Mahomet Ali is killed. The Greeks have
lost but few persons in the various combats; but
they have to regret the death of one Archbishop
(perhaps Germano, Primate of the Morea).—
They were masters of Corinth at the end of
August. The Turkish fleet remained in activity
off Patras, but the crews suffered very much
from the Plague, and every day from fifty to
sixty dead bodies were thrown into the sea. The
Greek fleet were watching the Turkish) and
preparing fire ships."
Letters from Corfu say, that the Ipsariots have
quitted their island with their families, and have
disembarked on the southern coast of the Morea,
despairing of being able to defend their country
against the Turks.—(Gazette of Augsburgh.)
Coaru, Avo. 30.--Napoli di Romania is in
the hands of the Greeks, and Modou and Coroo
have, it is reported, also capitulated.

mCIIAFFIIAUiEN, SEPT. 19.—Dering the course
of the month, several superior officers of the Swiss
troops, who have served in Spain, have arrived in
Swilzeriand. Those among them who had de-
sired leave to retire entirely from the service, in
orderto pass the remainder of their lives in their
own countryyare to' receive a pension equal to
half their pay ; all those who choose to remain
in Spain are. to hafie places according to their
rank in the "Spanish regiments.
• FRANKFOsT, SEPT.'26.—The restoration of the
Ofder of Malta is again spoken of as likely to be
proposed to the Congress at Verona. It is
thought the proposal will be supported by the
King of Naples and the Plenipotentiary Of the
Pope ; and in order to interest the Great Powers
in favour of the Order, it is intended to offer the
Grand Mastership to an Austrian Archduke.
The most difficult point would be to find a resi-
dence for the Knights ; the island has been long
since in the.possession of the English, which the
Whist' Government is certainly- not inclined to
part with, on account of its importance in the
Mediterranean.'

The Prince Royal of Bavaria left Wartzburg
on the 24th for Munich, whence he will go to
Tegunsee, where the Emperor of Russia and
Austria are expected.