The Sun.
London, England, 1822-09-03 00:00:00

COURT OF ASSIZES OF PARIS.

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AFFAIR OF ROCHELLE.-SITTING OF THE 30TH.
To'7day the Court received the depositions of, three new wit-
. nesses, who came from Rochelle. MM. Berville, Barthe,'
,and Mocquart, the Counsel for the accused Ba
`2adire, eattran, Rose, Llenon, and Massias, were successively
hearil in defence of their respective clients. We have only
,room for a few of the observations of the
.t‘ The accusation has laid down general facts ; it then has
endeavoured to show a participation in the plot on the part of
the prisoners belonging to Paris and among them it includes my
,client Baradere. Let us examine these pretensions. What is
-the-situation of an accuser ?—that of a person who makes a
demand. .Every person who does so ought to define that de-
,mand, and .the.obligation is strictly imposed upon an accuser
,who pleads.against the preumption of innocence—who claims
not money, but human blood, and who, if he gains his cause,
does not obtain damages or compensations, but punishment
and scaffolds. In conspiracies especially, the accusation can-
not take its elements of conviction but in the circle of the cause,
and in facts perSonal to the accused. In fact, here the corpus
delicti is not a material fact certain and fixed in its nature—it

is a fugitive thought which must be seized and fixed, and which
_cannot be exactly known but in making it personal to the ac-
eused by the evidence.
" Has this course been followed ? What abuse of general
facts ! What disproportion between the importance of the ac-
cusation and the consequence of the accused. It is the soldier,
Dicheron, who leads us through all Europe, and even into
eireece—it is the serjeant-major, Goupillon, who is called to
answer for the excess of civilization ! Among the general
• facts there are some of two orders. The first are facts of Car-
bonarism. They are not the objects of the charge. All those
who were accused of pure and simple Carbonarism have been
released : but these facts are a kind of train introduced into
the cause to frighten your imagination. Let us see how far
this fear is well founded. We hear talk of poinards, oaths, and
executions. Oh ! if I had to prosecute a free mason-lodge, how
.easy would it be for me to raise up, before your eyes, the most
frightful images ! What terrible oaths—what frightful trials,
•could I not conjure up to your view ! And yet all the world
.-knows that a mason-lodge is only a society for pleasure and
benevolence. The poinard may be an innocent instrument—
and that of the Carbonari has not, since the society has been
estalished in France, inflicted the least wound. This fact
.speaks volumes against the frightful suppositions of the in-
•dichnent. The condemnation of the Templars took place on

charges equally terrible, and posterity has cleared them. Since.

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. then, simple Carbonarism is not the erime, let us pass to the
-second order of facts—namely, those relative to the plot. The
accusation denounces a vast conspiracy formed against social
order, and against all thrones. Now turn your eyes to the pri-
- soners.at the bar. You see a young advocate—a schoolmaster
—a student of medicine—a clerk in a private administration—
a captain (abandoned by the prosecutor)—three serjeant-majors
• —a soldier—such is the vast conspiracy against all thrones ! I
lbok for the funds of this conspiracy, and I find 30 francs
- (twenty-four shillings and sixpence) given by the charity of the
Prefect to one of the accused. Such is the opulence of the
.conspirators ! . But their arms ? Twenty blades, reostly with-
.out handles, proved to be the sabres for infants shortened.—
But we hear of a directing committee. Where is it ?—who
prdves its existence ? It escapes, it is • said, judicial proofs.—
• Why, then, do you introduce it into a judicial process ? But
•it shows Itself by its acts ! Where are they ? They are esta-
blished by formerjudgments. What are these judgments ?
. There was a conspiracy, they say, at Nantes, at Strasburg, at
Belfort, at Joigny.' My client replies, verdicts of acquittal
. ;.were pronounced at Joigny, at Belfort, at Nantes, and Stras-
burg." The Counsel then asked " who were the conspirators ?
-what were their means of seduction ? and what was the conduct
of the chiefs-of this military plot? Bories was imprisoned fbr
_quarrelling with the Swiss—the inheritance of his plot, like the
succession of Alexander, passed successively into the hands of
• Pommier and Coubin,.who likewise contrived to get into the
clutches of the police. The conspirators were thus reduced to
•twoserjeants and one soldier ! who had no money, and made
-no preparation in their barracks for executing their plot."—
• The Learned Counsel then showed that his client had nothing
-to do with the conspiracy."

COURT OF ASSIZES AT POITIERS, Auo. 28.
TtiIAL QF GENERAL BERTON ANA OTIIERS.
THIRD DAY.
Towards the close of the second day, which was not given in
:,the French Papers we received yesterday, the witness Baudrier,
•who pretended to know General La Fayette, described him as
being five feet two.inches high, of 45 or 50 years of age, and as
having black hair and thick whiskers extending nearly to his
mouth. • ' •
Two other of the accused having surrenderedthernselves were
present to--day.
• M. Delalande, a notary at Gennes, in whose house Berton
was arrested, was examined as to the facts of the arrest. He is
.laimscll one of the accused.
t• • M.. . a half-pay officer, deposed to •Cafff making
proposals to him to become one of the Knights of. Liberty.
Colonel RAPATEI. stated, that Berton had avowed his-
content.with the Government, had informed him of the move-
. ,unents which were W. take place at Rennes, Nantes and other
placei, arid asked him to take part in the afair, promising him
pion:lotion and 10,000 livres rentes.
Colonel. QuasTzt.LoN proved the presence .of M. Alix, at
Brest, on,the- Ath. of January; and, that,. after being informed
cif M. Alifes character, lie.had. refused further to communicate
Ivith lim.. • • ,
M. empov!AssEnT, whose father it appears is one of the
Edi-
tors of the Contitygonnel, was employed by M. Alix to deliver
~.a message to,- colc,nel Chastillon. He met ]NI. Mix in a stage
coach, and7thus became acquainted with him.
:Another, witness proved that 1.11. 'Alix had known several of-
; fleets of the' regiment to which the witness belonged, and had
.made no efforts to seduce them from their duty.
. M. Alix,adinitted leaving Brest on the Bth of January, hay-
ing taken a place for Paris, and stopping at Rennes. Qn the
4Ay beseturned, to,Brest, which he explained Hy hay-
. ing-ionie interest In .a merchant vessel, and that the news he
heardat.y.omcs. influenced him to return,on her account.
Two of the.iccused Complained of being too heavily ironed,
and of'being shut Up in a close carriage, ivhere they were almost
• ;itifled '; their ituard actually becoming sick. ,
No other ivylence or Matter of importance was gone into; but
the rreneh gapers do not,give the close of the third day.
. ,
llAthan.. 44.—The following is an.,
•
..,.-extract:.: frm letter from Algiers of
,•
..,Tune.,Tuneo , •
_ •
•
" On•thelst of this month the combined Belgic and Spanish
squadion arrived, in the,roads, laringing,the ultivolum of the
Spanish clovesinnenti relatively to the sum which the Regency