The Sun.
London, England, 1835-08-07 00:00:00

"CHAP. V.-PROSF,CUTION AND JUDGMENT,

" 17. The law officers of the Crown shall have the power of
citing the accused parties directly before the Court of Assizes, con-
formably to the law of April 8, 1831, even when there may have
been a previous seizure of writings, drawings, engravings, litho-
graphic prints, or emblems. Nevertheless, in the latter case, the
citation can be made only after the imoces-verbal of the seizure shall
have been signified to the accused party.
" 18. The accused party, being duly summoned, shall appear
personally, or shall be represented by a special party authorized by
him. Should he deem it expedient to apply for a postponement of
judgment, he must state his reasons to the Court, which may ad •
mit or reject them. In any case, whether the accused party ap-
pear or not, or the Court refuse the postponement demanded, the
decision on the ground of the offence shall always be definitive.
No opposition on the part of an accused individual can be admitted,
unless proof be given that he has been irregularly or incompletely
summoned. In that case, the opposition must be formed within 10
days at latest. after the decision has been made known.
" 19. The appeal to the Court of Cassation against the deci-
sions which may have been made upon the incidental matter, shall
be formed only after the definitive decision, and at the same time as
the appeal against that decision. No appeal formed previously shall
release the uourt of Assizes from the necessity of deciding upon the
grounds of the offence.
" 20. If when the law officers of the Crown exercise their action
the session of the Court of Assizes should be terminated, and if
there be no immediate prospect of the opening of another, an ex-
traordinary Court of Assizes shall be formed by means of an ordi-
nance with motive from the first President. This ordinance shall
prescribe the drawing by lot of the jury, conformably to article 389
of the Code of Criminal Instruction, and shall appoint the counsellor
who is to preside. In the chief towns of departments, where no
Royal Courts sit, the President of the Tribunal of First Instance
shall of right be president of the Court, unless the Minister of Jus-
tice or the First President shall have appointed another.
" 21. The dispositions of former laws, not contrary to the
present, shall continue to be executed according to their form
and tenour."

The Minister proceeded to read another Bill relative to the jury,
but which want of space prevents us at present reporting verbatim
to-day. Its principal dispositions consist in-1, the authorization
of the secret vote by jury; and 2, in empowering a jury to pronounce
a sentence by condemnation by a majority of 7 to 5.

" DILL ON THE COURTS OF ASSIZES.

" Art. 1. Any party accused of the crimes or offences provided
for in the first paragraph of the 4th section of chapter iii. and book
3 of the Penal Code, or in the law of the 24th of May, 1834, shall
be judged according to the forms and regulations determined in the
present law.
" Art. 2. The Minister of Justice may order the formation of as
many courts of justice as may be requisite for proceeding simulta-
neously to the judgment of the accused party.
" Art. 3. When, on communication made to hint of the pro-
ceedings, conformably to Art. 61 of the Code of Criminal Instruc-
tion, the Procureur-General shall consider the charge sufficiently
established against one or more parties, he shall cause to be laid be-
fore him the documents referring to the preliminary proceeding, the
proces verbal establishing the grounds of the offence, and a return
of the objects that may serve to obtain a conviction, which shall be
deposited with the greffier of the Royal Court.
" Art. 4. In the case provided for by the preceding article, the
Procureur-General may make over the affair to the Court of As-
sizes by virtue of citations given directly to the parties under arrest.
" Art. 5. To this effect the Procureur-General shall address his
requisitory to the President of the Court of Assizes, in order that
a day may be fixed for the opening of the proceedings. This re-
quisitory shall be drawn up in the form established by Art. 241 of
the Code of Criminal Instruction.

" Art. 6. The requisitory of the Procureur- General, together
with the ordinance of the President of Assizes, containing the ap-
pointment of the day of audience, shall be notified to the ac-
cused party at least ten days previously to the opening of the
proceedings, by a huissier commissioned by the President of
Assizes.

" Art. 7. Twenty-four hours at least after such notification, the
party accused shall be interrogated by the President of the Court
of Assizes, and if he has not made choice of Counsel, one shall be
a,s'gned to him, in conformity to Articles 294 and 295 of the Code
of Criminal Instruction.

" Art. 8. On the day appointed for the appearance of the ac-
cused parties, should the latter, or any of them, refuse to appear,
a summons to obey the law shall be made to them by a huissier,
commissioned for that purpose by the President of Assizes, and
assisted by the public force. A proces verbal of the summons, and
of the answer of the accused parties shall be drawn up by the
huiFsicr.

" Art. 9. Should the accused parties refuse to obey the summons
made to them conformably to the preceding article, the President of
Assizes may order them to be brought before the Court by force,
and may also, after the reading of the proces verbal establishing
their resistance, order the proceedings to be commenced, notwith-
standing the absence of the accused parties. After each sitting,
the greffier of the Court of Assizes shall read to the accused parties
who have not appeared the proccs verbal of the proceedings, and
shall hand to them a copy of the requisitory of the Law Officers of
the Crown, as also of the decisions issued by the Court, which shall
always be supposed to have been made with opposition.
" Art. 10. The President shall be empowered to remove from
the Court, and to order to be conveyed to prison, any accused party
who, by clamour or other means calculated to create disturbance,
may impede the free course of justice ; and in that case the Court
shall proceed in the absence of the accused party, as has been prof-
vided in the foregoing articles.
" Art. 11. Any accused party, or other person present at the
sitting of a Court of Assizes, who shall cause a tumult with a view to
obstruct the course of justice, shall be declared guilty of rebellion,
and punished by imprisonment for a term varying from six months
to two years, without prejudice to the penalties laid down by the
Penal Code, against outrages and violence towards magistrates.
" Art. N. The dispositions of the Articles 8,9, 10, and 11, are
applicable to the judgment of all crimes and offences."
The President said, that the Chamber gave acknowledg-
ment to the King's Minister of the presentation of the bills,
which were ordered to be printed, distributed, and submitted
for examination to the standing committees.

The Minister of War, Marshal Maison, read the following
statement of the grounds upon which the bills were founded :
—" The King has commanded us to present to your four bills,
for the purpose of granting tokens of the public munificence to
the families of three of the victims of a horrible attempt,
and a national recompense to one of those brave men who
we still hope will be saved from the fatal consequences
of this frightful disaster. The individuals whom we are
about to name as claimants upon the gratitude of the na-
tion are sufficiently known, and even were it otherwise,
their misfortunes would still render them sacred to France.
They are—the widow of the illustrious Marshal Mortier,—the
widow of General de Lachasse de Verigny,—the mother of
the young Vilatte, who promised to be worthy of filling the
vacant place of his gallant father; and finally General Blin,
who, notwithstanding his advanced age, listening only to his
devoted attachment to his King, resolved to place himself by
the side of his Majesty on this ever-to-be-deplored day. The
glorious career of the Duke of Treviso is engraved in the
heart of every Frenchman. This intrepid voluteer of 1791,
whose name appears with distinction in all the wars which
France has sustained from that period ; who fought his way
through the masses of Austerlitz, and the guerillas of Spain ;
who, in Hanover and at Gcbora, proved how much may be
done by a handful of men, led on by, a brave commander; he
who witnessed almost beneath his feet the tremendous explo-
sion of the Kremlin without being injured ; the warrior who
had been engaged in upwards of twenty battles, and had fairly
earned the honours which the empire bestowed upon valour—
he had received the highest mark of confidence from the Con-.
stitutional Monarchy. Marshal Mortier fell the victim of a
cowardly assassination in the midst of a festival, and under
the eyes of the King, for whom he was no doubt ready to die
a hundred deaths, but net in the base manner in which he ac-
tually fell. The country will adopt his noble family ! To
you is intrusted the care of his afflicted widow, and of the in-
heritor of his great name 1 By his side also died other war-
riors. General de Lachasse de Vcrigny, Commandant of the
Staff School, transmitted to the youth of our army the fruits
of his experience gained from the traditions of our old batta-
lions. His life may still serve as an example to them. Scarcely
60 years of age, lie died, leaving three young children, and a
widow, who is recommended to the State almost as much by
the administrative services of her father, as by the military
services of her husband. Individuals of all ages have been
sacrificed to this cruel assassination. Captain Villatte, the
son of one of our old comrades in arms, has fallen at the very
outset of his career. Pardon me, gentlemen, if here I give
way to personal feelings ; but every associate of the young
Villatte will testify how truly worthy he was of my sincere re-'
Bret. He has left a mother, whom the State will not refuse
to console for the loss of a son who was truly worthy of her
tenderness, and who was her principal support. General Blin
has received two severe wounds, which have condemned to
continued suffering those dap of repose he had every right to
expect in his honourable retirement from service. How ninny
ardent prayers has he uttered from his bed of pain for the
King I For me,' he says, it has been merely a day of battle ;
nay, even a day of victory, since the King is safe.' The fol-
lowing are the propositions which we are charged by his Ma-
jesty to submit to you. A pension of 20,000 fr. to Mme.
Anne Eve Himmes, widow of. Marshal Mortier, with a rever-
sion to her son Napoleon Joseph de Treviso. A pension of
6,000 f. to Mine. Marie Louise Fauchet, widow of General de
Lachasse de Verigny, with the reversion in thirds to her
three children. A pension of 3,000 fr. to Mme. Marie Jose-
phine Valbnrg Strasser, mother of Captain Villatte. A pen-
sion of 3,000 fr. to Major-General Blin, as a national reeom-
Rense, which he will receive with the retired pay *Cady ea-