The Sun.
London, England, 1816-04-26 00:00:00

0,0,1,1 for Ebe,k ; 51. il,,ilifillei for (tit' gintsica. pp.,. vi..”.., a,.....• V. .1•.- •• .1.,••• •••••• ~.. ......,,, ....,
qo 4,••et.- , •. R 1., • M liangoin, for Bonneville; and AI, ;- eyes to see, nod a hundred hands to ariptell'essd--,
1 which always suceee:ls io seizing the Object Wittall
Depin, for the three finslishmett.
. ! it, pursues. It was hecessaiy, thetetore, that kea-
sticriND OAY.--eiJi.stety, Asele ??.
.. vaietteshould lea.ve rafts, dud eveit, Flotice.., y,,,,
This day the examination of ssltuesses wascotis are slrearly acqoainted with the plau i•intl the details
tinned. , ot his escape, lie effected, his escape io the uoi-•
The Colonel of the StalVirlscnoir and the INT.. ford, of An English ()dicer, not accompanied by
jor of (;endarmeris 3snsac, attest, the One. ver- To lisp Officers as Lir as Compiegne, (me of ‘vhoto
holly, and the other in writing, that, having been conducted !rinses far Rs MilltS. . ,
•
charged whit the command and internal superin- 'fliesßruce, who received the first confidence,
tendence of the Concierg,erius during Maeshal -goes to. eptlininnio:te it to IlutchinSoop. thVil '
Ney's trial, they to Wilson: The plan was .:oVraiiged between.
saw Roquette constantly exercise
and recommend the most exact vigilance. Simi- i titerti, and sac!) of them engages to act his part
in,co-operating for its accomplisiumsnt . Bruce
lar testimony was given' for him by several lit-
spectors of Police. is to procure the measure of Lavaletre ; litocitin.
The widow Datolt, aged 72, . confidential wo. son orders the clothes ; Wilson is to secure two ,
man of Ma:fame Lavalette, collet,' for the accused, t passports. tinder feigned names. One of theta e 0•••
declared that She did not recollect any of the cir- gages post horses, another le lids his csrvi,kge, tied
the third his lodgiogs to receive the convict on
cuiostances which preceded or 'accompanied the
fact of the'escape ; she did not even recollect who the night previous to his, di partere ; analanalthey all
the perion was that introduced her without per- I assemble on Sunday the r tie of January, far, the
mission into the chamber of the convict. It was final accomplishment of their object. The pre.
in vain some of the judges and jurymen pressed text of their meeting was an arteogrineut tor a
her \vial questions—hi vain the Pi esident remind- booting patty; but, at nine
o'clock at
n;gio .
an
erf her of the oath site had taken : she persisted in imknowo individual announces Lavulette, who is
saving, that a severe indisposition prevented her introduced, passes the night in the lodging, and
..
from retaining any resooecti„,„ isi, the President sets Gilt with them on the following mot ning. I.
shall not trouble you with _an account of the
torwilling that she should perjure herself, disri__isss
ed her, observing-- SOmething. I know not journey. I shall ,not descant on , the meteoires
what, prevepts me from arming the hands of juts they took before set ing oat,
.or the holdnesa.,
lice against yOrt." mid grandeur of enterprise which they (Us, ~.
The. woman Gorse anti Laporte were examitred closed. I shall lay before you the prreoitions
as to Eberle. - , they took against, accidents—the led-horses for ,
Ilere ended the examination of the witnesses, I the purposes of Bight, the arms for the porliost's
of defence—ln a word, all those tircumstauces
upon which M. Moil, the Advocate.tieneral,•rose
tool addressed the Count : . , which invest an ,expeilitiott with adventure end
A criminal, lie observed, a convict, has eiteriped honour. I will lead your attention to one point
from justice: happy for hini if he ""Pe trotn , I metro the asylum given ,to the culprit beorre his ' •
Y departure from Paris , am' that given opoes the
remorse, and if he can find a place where he ma
show with serenity a forehead whish, the judicial road, in a house at Couipiegne. This is ca;hol,
thunder has scathed ::I wife has saved her bus- lin the language of the laws, a receli. .The simple •
hand ; let it be the subject of her joy, provided fact of concealing to condemned critnieal is in it-
ch,: act ir nivii has done her honour shall not corn- self a crime. The English laws are not more li-
promise any one. It is easy to account for the beral than our's. They do not
.understutud by hit-
shire Which some of the accused, on whose fate inanity that generosity which counteracts the rules
you have to pronounce, took in this enterprise; of u -
p blic order. Illackstane, atter having :marks
their sentintents, their duties, their interests, ex- ed the distinctions which it is necessary to make
plsor the part which they played ; but how hap; between the crimes of accessories fund principals,
pens it that these three foreigners arc before you, distinguishes farther those who are accesses ids
Wham was the nature of the interest which they I before and•ofter the 'commission of the crit»e,-.es.
took in saving the convict ? They were neither Hi.. Sail, in chap. iii. page 29, 01l his Treatise, ..
the relatives, the friends, nor even the acqtraint- '' The accessary before the crime is he who
antes' of .Levelette. Will they say that they . arranges, counsels, or commands it. After the
acted from views of humanity ? lint how Ora- , criminal act is committed, a person only render '
recterize that loonenity .which displays itself only himself accessary to it by giving an asylum or.
by a contempt of public -Order, aid the loft ac- protection to the criminal, or by procuring his.
Lion of the laws ? Mow appreciate, that hus escape in any possible trimmer." This is the kW
matte intention, if the correspondence of the tic- on the subject of yielding protection to a convict
cused proves, that hatred Of our laws is in their escaped from justice, which we call a rode. If
hearts ; that our repose is odious andalisogreesible I have cited the authority of this.author, it is Only ..
to them tif they saw not in that escape etas thing in the character of written reason ; for it is sof- ,
but an outrage on authority, a seditious means of , , ficiently understood that there are no other laws
fottitntjog: a revolution ?If this act, feeble in it: in exercise regarding crimes committed i i France
tielf, was a sort of initiative of the pso.ret, it. Batt French laws. Whet, then, ran bete disput*
be
the. duty of public justice to search it to the, ti e;r empire ? 1 shall not, certainly, undertake to
prove our riglut. of jurisdiction over tbese foreign.
bottom,, and to trace to you -the,toireiiiodtion to
its very focus. The Advacate.Genersl applied ers. The opposition of the accused Wilson, his
protests against our procedure, his perpetual in-
himself in the first instance to compare and ap.
predate the facts relative to the escape of Lava- vocation as an Englishman of the judicial forms of
.
k, lette, and. with 'great order and precision marked his own nation, ore all connected with pretensions
the share which each of the accused had io the which
cannot be listened to ill Intitter9 ofscriminal
act, anti the motive which might have actuated instice. Criminality gives the right of ponisimieut ;
him. Ile distinguished, with the most judicious it bestows jtnisdiction, for it aiiIIS at public order;
equity,
.between crime and simple offence ; and and there is not a nation on the earth, there is not a
assigned to each, as it were, the punishment winch social body, which does Mit in the highest degree.
lie incurred, o ithout, however, depriving any one . possess,the right, and lie under the obligation tope.
prisorier of the hope of the indulgence of the jury.
' :
nish those who infringe it. Every manshould knots,
that in; planting his foot upon a foreigo soil, his.
first duty is to observe its laws. Does he notenloy ' .
Englishmen dame upon the stage. . - .
it-Inge itlllieencon:vlrßt 1,
1 Ya
and was Isere the
Pffeltilcieato. ft.lti'e"teni:
Ore'''. protection—sslo not they watch, over his ;•
safety—and can be invoke. their aid, in one cese,g..s,
and ,brave their authority in .another ? Cittod senses s'
to every. clay's occurrences. We have a woman
ils'ileiteetfioristitglilta.rt Aotl‘l this
faagctasir:h ilivee saaidt'esiesniittirlt•tainici;
alone renounces sech an error. -As to the forms
who saves her 11Mband—a guard who neglects of ioquiry, as to the mode in which the crimintsl
his charge—another who allows himself to he tribunal is regulated which uspplies the bows,' it i*
clear that they depend upon the right. of save•
corrupted--is domestic who devotes himself for
his master—end a mercenary who is sednced by .regir jurisdiction,. Every, State ~has its jorttitms.
the attractions of a great bribe. The origio of , and also its mode of administering it.
all this is to be sound, not in the principles., but - . It is said,' that a Frettehosen accused ofhavitig '
in the passions and affectionsof men. klitherto committed a crime in England, is entitled to have
we have recounted a history—we now come to a ~one.haif of his jurymen .French. This is a pri-
romantic; You have been seized with this idea i vilege, doubtless.. Here, ,however, you will have
yott have put this fist quest ion to yourselves-- no -need of this privilege ; it .:will be witless to
why were the English engaged in this alfeir 1--. you: justice does not haquire. whether you ate
Their interference cannot be expleitted on oral- ti„ts,„ or foreigners ;it views you
only- as ~,,,s
nary principles. They themselves declare and
.cused, and it will know no other. ,distinetioos hut
protest on their• honour, tltut, before their parti- those which proofs-shall establish betwsett . itloo'.
eiPOtioO in the crime, they did, not know the in. cenue end guilt. .
divithial in whose service they exerted 'all' their I proceed to the examination of these proof.,
efforts. We are bound to believe their assertions,
but 1 lame first touch upon the head of accusasi4.
but it is incembent oti them to explain the oin. tion. •
,
rives of their coiulect. Otte of them (namely Unice) Bruce, Hutchinson, and NVilson, are ehatgeti,
' . ,
who was the first coutident in this adair, will ~,vill being actomplices in concealing Lavoleite,
dcel'it co that, advised •of the retreat of La v'" kilOWirig that he was ettadetarted to die, The coo-
kite is, Paris by au anonyinous leiter, in which sentience is, dint they facilitated aroleoestuntilaied,',.:
he himself received entoOliineots, he helievo, ac-, his eseape. Am) hero I int?st, untierpete it, dispute.
about works, It, will be said, thee the escape W.A. *:
coaling to the deelarations of the said letter, that
s
he was the only person who. could save hint,. At the :act of issuing from prison; that outside the ,:
first his pride was dattered ; then his natural sea- 'gates it was consummates' ; tool that thus it is false
sibility was excited ; and, last of ail, his tinder- to charge the accused with having.facilhated Unit
' consummated ,a tiling already 4one. But we must
standing was exalted by discovering in the escape of
LaVitiettesomethingrotnantic,andeyen miraculous, look to thesense in whichahey are inculpated.—s
which powerfully struck his imagination, and itu-• It must be true,, that the escape-wits facilitated in
ptesscd his heart. The other (Hutchinson) did not this sensetliat the rar..capture oldie convict,was
feel the same decided is of fancy;. It was, in, rendered-impossible. lo vain did the Police Make
his mind, a sentiment of homanity which exerted
itself' in the cause of Lavalette : he only yielded to its searches at Paris, Wilco sire convict was, no
longer there ; in vain, also, did it search for bias
the desire of saving an onfortnoate man.. The in Vranee, w ben, he had pasted the frontier ;i and •
'third (Sir R. T. IV:soii) derives the tantives of his at ti. '
'cooduct froru higher coosideratio'ns• He inn" us re escape WO consunsma et . . ~ . .
t I
But the fact,which coustittnes the crime •which
.
gmes the honour of his own Government wool/ standS at the head of the acensatiott is the eon... -.
have been destroyed, if a sentence of the Royal cealmtart.. It cities not signify whether it aided or . 1
Court of Paris was executed. file aloes, not coo.
cern. himself with the rights of Sovereignty, or cliff not aid the escape :it is, indeed, of so little
Impottance, that avert if theconvictsluad out bet tt
the unquestionable authority of:the judicial power ultimately able to save himself, had he been re.
in Frnnci over a French subject. Ab I truly
.are common roles. `The Capitulation of Pa- taken in the very place whisk served as hisasYlittos
these
-the titan •who •hati procured it for him would have
rig, hosvever, is hiSlaw. It ha's been violated, and been-not-the less guilty,
lie conceives it to be his duty to clear his Govern- , Iwo word, enoesatiosta is ii distinct offencefrotrt
Meat of the opprobrium which that violtttion casts that of escape ; and to estoblish this point of cri-,
upon it, Thos the convict was to be saved, for mina law unanswerably, it is tufficifot to cont.
the honour of justice anti that of England.. You parodic :enactments of the law on the two sub
shall 'so o n see bow mulch truth there is in all this : sects.
but., before we discuss his intentions, we must es- - In the offence of
tablish facts. it are punished : there is tiodistruction, except ire
< .
is phuntdots the keeper is
escape, all who co.opseate lets
The cotletet had, escaped from prison, butt it .the penalties, for he who . .
.5 not - ~..,eyoud this the
was•neeesiary to escape from' Paris. He could more guilty than him who; , h
lint - here'be concealed from au active polices-ra quality 0,l the person 13 tats hit regarded s ani