The Sun.
London, England, 1842-10-18 00:00:00

cember, each party proved satisfactorily their prin-
cipal points; the accusers, that the trea.son was
legally completed—the defenders, that the eri me had
been unpremeditated. But when M. Berryer opened
the real defence, the Convention of the 3d of July,
he was interrupted by the Counsel for the C:-own.
M. Bellart, their leader, protested against any L'llu-
sions to a Convention, the conditions of which Vad
been demanded by rebels, and had never been ac-
cepted by the King ; and he presented to the House
a requisition, by which he formally opposed the read-
ing of the Convention, and any allusion to it, and
required the House, by the Chancellor, its President,
to order Marshal Ney and his defenders to confine
their defence to the mere facts of the indictment.

The Chancellor, speaking in the name of the House,
answered that, foreseeing the line of defence that
would be adopted, he had already taken the opinion
of the House; and that the Peers had decided, by a
large majority, that it would be be highly improper
to rely in:that House on a Convention to which the
King was no party, and by which it was obvious, from
the mere fact of Ney's prosecution, that his Majesty
did not consider himself bound. He therefore for-
bade the defenders to make any use of the Convention.
Ney's counsel replied, that they bowed to the will of
the King, and to the decision which the Court, without
hearing them, had thought fit to adopt; but that they
felt bound to offer a plea to the jurisdiction of the
Court—namely, that Sarre Louis, the birth-place of
their client, having been ceded to Prussia, he was no
longer a subject of France.

iiere, however, the counsel were interrupted by Ney.
" No !" he exclaimed, " I was born a Frenchman—
I will die a Frenchman. Up to this time my defence
has been free, but I now see that it is to be fettered.
I thank my generous defenders for the exertions which
they have made, and which they are ready to make ;
but I had rather have no defence than the mere shadow
of one. If, when I am accused in the teeth of a solemn
treaty, I am not allowed to appeal to it, I must appeal
to Europe and to posterity."
" Gentlemen, counsel for the prisoner," said the
Chancellor, " continue your defence within the limits
which I have prescribed."
"My Lord,' said Ney, "I forbid my counsel to
say another word. Your Excellency may give to the
House what orders you think fit; but as to my counsel,
they may go on if they are free, but if they are to
be restrained by your limits I forbid them to speak.
You see," he said, turning to M. Berryer, who was
anxious to continue, " that it is a decided thing. I
had rather have no defence than one chalked out by
my accusers."
" Then," said M. Bellart, we waive our right of
reply; if the defence is at an end, so is the accusation.
We have only to demand the judgment of the Court."

" Have you anything to add ?"-said the Chancellor,
turning to the prisoner and his counsel.
" Nothing whatever," replied Ney, in rather an im-
patient tone.
The Chamber was then cleared, and the Peers alone
remained in deliberation ; the result of their de-
liberation, and of the attempts afterwards made to
obtain a pardon, are too notorious to require repetition.
The execution of Ney was one of the grossest faults
of the Restoration ; his crime was great, but, as we
have seen, it was not premeditated ; only a few hours
elapsed between his active fidelity and his treason ; it
was the effect of the pressure of circumstances of ex-
traordinary difficulty and perplexity on a mind unac-
customed to balance conflicting motives.

MURDER AND ROBBERY IN

DUNDEE.

EDINBURGH, SATURDAY, OCT. 15.—The following
particulars relate to a case of murder, perpetrated in
Dundee on Thursday night, which, for cold-blooded
atrocity, has had few parallels in this part of the coun-
try. On Thursday morning two men, who gave their
names as M‘lienzie and Duff, and who appeared to be
substantial north country graziers, on their way home
from the Falkirk tryst, called at Mr. Croall's coach-
office, Prince's-street, and inquired into various parti-
culars regarding the starting of the Dundee coach,
which leaves here at ten o'clock. They subsequently
started by different routes, but ultimately joined each
other at Newport.

On crossing the Tay ferry, M'Kenzie's manner was
observed to be somewhat agitated, so much so, that a
person who knew him remarked to another that that
was Mr. M'Kenzie, an extensive cattle dealer, but that
he seemed to have got a slap over the fingers ; thus
referring the strangeness of his manner to some sup-
posed loss he had sustained. The coach arrived at
Dundee about four o'clock in the afternoon ; and our
information regarding them from that time is not so
precise. What is certain is, that in the evening two
men, answering in all respects to these persons,
and of whose identity with them our informant
had no doubt, were walking out of Dundee ;
and when beyond the Law, on the northern extremity
of the town, and close to the Newtyle railway, the
short man was shot from behind with a pistol, and it
is supposed left for dead on the road. The poor man,
however, recovered a little, and was able, we have
been told, to crawl to some house in the neighbour-
hood, or otherwise obtained assistance, and had suffi-
cient strength left to tell the whole story, and to fix
upon his companion as his murderer, charging him at
the same time with having 1,0001. of his property in
his possession. Information was immediately sent to
the Dundee police-office, and a search being set on foot,
the other was apprehended at eight o'clock yesterday
(Friday) morning, in one of the carriages in the first
train of the Dundee and Arbroath railway. The mur-
dered man died at five o'clock on Friday morning.
The rumour in Dundee, when our informant left, was
to the effect that the two parties had dined together in
Dundee, and that Duff asked his companion for
his property; that he evaded the request, under the
pretence that that was not a proper place for settling
their accounts, but proposed that they should both
proceed to a friend of his a few miles out in the coun-
try, where they could get a bed for the night, and
might settle their affairs quietly. To this in an evil
hour the unhappy man consented.
It is said that the tall man bought a pistol from a
young man in a respectable ironmonger's shop in
Dundee. It is remarkable that Thursday was the
fast day in that town, so that he would have found
some difficulty in finding a shop open. It is also said,
that when he was apprehended a large sum of money
was found upon him.
This horrid case had excited, as well it might, a
great sensation in Dundee, both from the respectable
sphere in which both parties had previously been
moving, and from the deliberate villany with which
the murder must have been perpetrated.