The Sun.
London, England, 1849-11-12 00:00:00

mentioned. It was, consequently, by alleging a lie
that he had given the lie to a magistrate. He (the
Avricat-Gt.neral) required that Art. 222 of the Penal

(.34-,de should be applied to him.
The President—Accused, present your justification.
—(Movement of attention.)
Schmitz—l maintain what I have said. The
witness Duteuil was never able to prove what he
asserted.

The President—Accused, I recommend you to
weigh your words. Do you maintain what you have
said P--(Agitation among the accused.)
Several of the accused—No, not He does not !
Guinard, Forestier, and other accused seated near
Schmitz, here recommended him to withdraw his

words.
The accused Lemaitre—What my co accused
Schmitz said did not apply to the Avocat-General,
but to the deposition of the witness Duteuil.
The Preident —Accused Lemaitre, you have no
right to speak. It is to you, accused Schmitz, that I
address myself; do you maintain what you have said ?
Schmitz—l do, Monsieur le President.
The President—Will any advocate undertake to say
something in favour of the accused?
M. Jules Favre rose and said that though every
accused owed respect to the law, to the High Court,
and to the jury, some allowance should be made for
one in Schmitz 's position. At the moment at which
the jury was about to deCide on the fate of the accused,
it was not becoming to demand an act of severity
which, no doubt, would prove not to be in accordance
with the verdict which would be given.
The President—Accused, will you retract what
you said ?
Here every eye was turned to the accused, and
every one expected that he would retract ; but
Schmitz said, when the witness Duteuil was
examined, I 41efied him to name the citizens who, as
he said, took without right the number of the sth
legion; but he could not do so. This incident should
be reserved to the end of the trial. That would leave
the matter open, and, at the same time, be an act of
indulgence worthy of the magistrates who compose
the High Court.
The Avocet-General, de Royer, insisted that judg-
ment should be passed on Schmitz at once, if he would

not retract.
Schmitz—When a man, whoever he may be, violates
the truth, it is the right of every one, and especially
of a person in my situation, to tell him that he lies.
The President—Sit down. You have no longer
any right to speak.
Schmitz—A man should not be struck when he is
down.
The Avocet- General said be persisted in his demand,
and the judges, amidst great agitation in the court,
retired to deliberate. The accused seemed to reproach
Schmitz with his obstinacy.
After half an hour's absence the judges returned,
and
The Presidenfread a judgment condemning Schmitz,
in virtue of Art. 222 of the Penal Code, to two years'
imprisonment.—(Agitation.)
M. Suin, Avocet- General, then proceeded with his
requisitory, and insisted that the evidence established
the guilt of Guinard, Forestier, Achintre, Delahaye,
Lemaitre, Merliot, Moubet, Fradoulet de Chalandar,
Vernon, Angelot, and Schmitz. He concluded by
telling the jury that the Republic was not in ques-
tion inithe case, and that the accused were partisans of
doctrines destructive of society.
Whilst the Avocat-General was stating the facts
proved against Forestier, that accused rose several
times and insisted on speaking, but the President said
he could not be allowed to do so, and his co- accused
persuaded him to be silent.
The case for the prosecution being now fully com-
pleted, the court adjourned at a quarter-past four o'clock.
Great indignation is expressed by some of the jour-
nals at the severity of the sentence passed on
Schmitz.
On Saturday M. Michel del Bourges opened the
case for the defence by declaring that his course
would be to prove that all violation of ,the Constitu-
tion by a Government gives the right, not only of
protestation, but of insurrection and resistance; and
as the Court reminded him that he could not be
allowed to follow such a course, the advocate de-
clared that he would decline altogether to plead.
The Court having deliberated on the advocate's pro-
posed line of proceeding, rejected it, and all
the prisoners' counsel at once threw up their
briefs and withdrew. The President of the
Court then announced that he would assign
counsel to the prisoners, on which they all
declared that they would not permit counsel chosen
by that court to conduct their defence.
M. FARINA has • addressed a letter to the jour-
nals, in reply to the note in the Patrie, contra-
dicting his evidence before the High Court of
Justice, relative to General CHANGARNIER, in which
he positively maintains the correctness of the language
which he affirmed that officer employed on June 13.
The Constitutionnel says :—The Minister of Marine
lvertitTrlbrAltirdeTui3e.
The Abbe ORLANDI, personal friend, and one of
the constant advisers of the POPE, has just arrived in
Paris, it is said, on a private mission from his Holi-
ness to the PRESIDENT of the Republic.
We find the following in the Siecle :—" We have
alreaUy said that the return of the POPE to Rome
would not be the signal for that of our army to
France. That anticipation is fully confirmed by the
accounts given by M. FILEN; representative of the
people, who has returned from Italy, where he had
been charged with a mission to Pius IX. The Holy
Father spoke in terms of gratitude of our army ; he
is impatient to thank it personally, and far from de-
manding its removal, he considers its presence as a
pledge of security, and as an element of strength for
his government. Hence, our poor soldiers must un-
derstand what mission is destined for them. They
will have to bend the Roman people under a despotism
which the hand of Pius IX. will doubtless soften,
but which not the less will be despotism, since no
limits can, according to our new fathers of the Church
be opposed to the temporal omnipotence of the
PorE.
The linian publishes the following letter from
Toulon, of the 6th :—" The steamer which left to-
day for Civita Vecchia with the mail, carried out
several officers and surgeons to join their respective
regiments. She also takes dispatches from the
Government for General ROSTOLAN, and is doubtless
the bearer of instructions from the new Ministry for
the Commander in-Chief of the army in Italy,
which, it appears, is to pass the winter in the Roman
States. Several French officers who had entered the
Egyptian army have been dismissed from their
services by the new Pacha, and after having returned
here have now gone to the Regency of Tunis, where
they have found employment."
In the Assembly on Saturday the Lyons and
Avignon Railway Bill was read a second time.
The departure of General BARAGUAY D'HILLIERS
for Rome has been postponed until Monday, to enable
him to attend a Council of Ministers on Saturday
night, and to have an interview with the PRESIDENT
of the Republic.
The Constitutionnel states that the Government, as
yet, had received no reply from M. DE RAYNEYAL to
the dispatch :of the 31st ult., informing him of his
nomination as Minister of Foreign Affairs.
The PRESIDENT of the Republic went yesterday in
grand state to the Palais de Justice, and after having
attended High Mass in the Sainte Chapelle, proceeded
to distribute
iibuntethteheexpproisziteison of tothleB4e9x.hiTbihteorspßoEf
smiDaEnNuT-
fafterwards entertained at dinner 80 of the exhibitors,
49 of whom received the Cross of the Legion of
Honour.
There were various rumours of an intended coup
d'etat, propagated by the disappointed parti pretre,
but the people of Paris attached no credit to them ; on
the other hand, it is stated that a correspondence of
a treasonable character between an ex-Minister of the
monarchy and the Emperor of Russii has been dis-
covered by M. CARLIER, who has been in consequence
rewarded by being appointed Prefect of Police.
A new play, entitled Ccesar's Testament has been
produced at the Theatre Francais, and has occasioned
much excitement, as the audience applied many of
the passages to the existing state of public affairs.
The PRESIDENT was present at the representation,:and
was very well received.
There was a great deal of business done at the Pas-
sage de rOpera yesterday, but prices have further im-
proved. Fives last quoted at 89f. sc.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK EXCHANGE, Nov. 10.
Boulogne and Amiens, s%—Great Indian Peninsula, %
—Northern of France, 2% dis—Orleans and Bordeaux, 2%
Sambre and Meuse, 2.