Star.
London, England, 1822-09-17 00:00:00

COURT OF ASSIZE AT POITIERS.

SITTING OF THE 11TH.

The Court opened at half-past six.—The PRE.III-
- informed the accused that they might add any
thing they wished to the defence made by their
Advocates. General BaRTON then rose and said,
" Gentlemen of the Jury—You must have remarked that
none of the Advocates have ventured to resume the point of the
general law on this affair, and that it has not been touched upon
by any of them. You have heard nothing but isolated pleadings.
Each has defended his client to the best of his power. I am with-
out an Advocate and I cannot undertake to treat the entire of
this cause. One of the Advocates said to you yesterday that the
point should, as I think, have preceded the summing up of the
President :—no Advocate would undertake this task. One of
the Advocates told you yesterday that they had nut experienced
any resistance on the part of the Authorities of Saumur, that no
one was arrested ; all that is true, because they were obeyed.—
The Public Minister has made a general thesis: we are too cir-
cumscribed to contradict it: on the contrary, all concessions for
the interest of each client have been made him, because no per-
son could determine to plead in that way. The witnesses for
the prosecution have been all received with favour. The denun-
ciators have been encouraged; they have been covered with
praise. The witnesses for the defence have been repulsed; they
have been pointed at ; they have been intimidated; and those
have been shut out who could contradict the denunciations and
the bragadocio of a servant. It is impossible fur me to speak my
thoughts, from my ignorance of judicial proceedings, but I think
that all that could be done has not been done for the general in-
terest of the accused. The pleading has been so circumscribed,
that no Advocate had the power to express his thoughts. I be-
hove, Gentlemen, that the system of the Attorney-General will
not triumph in these limits; his doctrines do not meet success.
Blood, and still more blood, is all that he asks of you.—
Ah ! Gentlemen of the Jury, will you open as many graves as
they ask you? They will be silent; but they will live among
you and will be incessantly befo:e your eyes; your names will
be engraved on each tomb, and to your wives and children they
will ever be a source of terror; their weakness will persuade
them that they are constantly haunted by the shades of the un-
fortunate victims whom your decision is perhaps about to Immo-
late to the fury of the Public Accuser. - You, Gentlemen, must
have observed, as well as I, the fierceness depicted in his coun-
tenance, when he turned towards you to implore your assistance.
Vain were the efforts he made to soften its ferocity. The At.
torney-General neglected no means of impressing on your minds
the cruel sentiments which filled his own. The act of accusa-
tion, which he has read to you, would be in itself sufficient
to render his name horribly celebrated : and you have seen
how he gloried in his detestable work. M. Maugin, the
present Attorney-General of the Coen of Poitiers, is the cosmo-
polite of politics (if I may be permitted to use the expression).
Other triumphs, perhaps, call hint to other countries, and he will
abandon you to the contemplation of your victims. Recall to
your minds the times of Corriere and of Joseph Lawn, and be-
ware of renewing these scenes of horrible memory. I have al-
ready had the honour of telling you, if your conscience demands
that blood should be shed, I offer you mine. I abandon my life
to you : but spare, I beseech you, in the name of humanity, in
the name of your own glory, these men who marched along
with rue; they were deceived, and they yielded; then restore
them to their families. Daring seven months they have suffered
all the horror. of a rigorous imprisonment, in a dungeon desti-
tute of that relief which their families could not supply. Their
f amities and their children will bless you; your names will never
be forgotten in their prayers; you will thus rest on your pillows
with more tranquillity, and your consciences will be haunted by
no agitating eorrow. I have already told you, Gentlemen, that
it was imagined there were moral proofs against me, which -sa-
vooted of the baseness of their origin. Efforts have been made
to beat me down and discourage me, but theft affronts have not
reached my heart; I have been made to experience every subal-
tern vexation. I cannot habitats to mention to you one among a
thoassociaSuch means are carni lly. used ionly at Poitiers. Three

times did my jailer, Chatnpitin, tattegine yesterday by sayinrs•
We have here a tutstkey who hews the same name as you—he
lis called &non.' T kip* whence this ailner,proceeds, but I
despise it. I shall reply so k u toll! °diet stsh.taunts, ' Go,
tell him who taught you to lisp the language or issolence, that
the name of Berton will, be spoken of with honour in France
and in Europe, when that of Dfaugin shall be mentioned with
execration. My children shall bearlhe name, and shall always
',aryl° it. Do you forget that the name of the, amily of the
brave Crillon was. Becton; be was called Laois de Blink Ber-
ton de Craton ? Here, then, is evidence of sty fame, which the
Ittorpey-General, perhaps, will not recognize. I call to wit-
nes all my companions in arms and in glory. Something, how-
ever, tells me that the shades of the brave CrWon, and those
other heroes without number, who in every age laid down
their lives for their country, will not refuse to consort with mine.
Here is my bosom—strike, Gentlemen, and I shall die without
fear. My soul defies death—it is undismayed, and smiles at dis-
solution--k will depart with content. I look forward with hope,
as I expect with confidence to enjoy that eternal rest, the highest
reward to man, if man can obtain it. But, Gentlemen, though
I am silent on my own behalf, I would be trumpet-tongued
for those comrades, who are placed in the same unhappy situa-
tion with me. It it for those unfortunate then, and for them
only, that I implore your justice and your Indulgence. I feel
that at this moment there are many Frenchmen who woad envy
me this situation ; but I would not yield the bower to any man.
Once more, I say, I go to meet death, with hope and without
fear. Dlay I be only permitted to express a hope, that my death
may be useful to my fellow-citizens and my country."
. Cale, Saugr', Fredise, and Ledig,
then, in order, addressed the Court briefly, protested
their innocence, and implored the consideration of the
Jury. Some of the witnesses were recalled, and again
examined, at the desire of Caffe.

The PRESIDENT having then asked if the prisoners
had any more to say, and no one answering, declared
that the debates had closed. He then charged the
Jury, who retired at half-past eleven to deliberate on
their verdict. The accused were, in the meantime,
conducted to the Prison of the Visitation.
Great crowds had assembled around the Palace of
Justice, anxious to learn the result of the deliberation.
At halfgpast eight in the evening the Jury were pre-
pared to give their verdict. A great number of the
military, in the meantime, paraded the streets.
At ten o'clock the accused were again introduced,
when the declaration of the Jury assigned a different
place to each of them. Berton, Mix, Fredin, Caffe,
Jeylin; Sauge, and Senechault, with astonishment
observed, by ;he place assigned to them, that they
were condemned to death. Caffe and Fredin seemed
greatly depressed. Rique and Ledrin, who, during
the trial, were placed by Fredin, could not check
their tears when they were separated. Berton shewed
the greatest coolness.
At eleven, the sound of the clock made known that
the Court had finished its deliberation.

The PRESIDENT then pronounced judgment on the
accused. (We have already given it).;--Berton and
Caffe being members of the Legion of Honour, were
then solemnly degraded. They and Fredin and Sette-
chault are to be executed in the public square of Poi-
tiers. Sauge and Jeylin are to be executed in the
village of Thouars.
Lithographic prints of Berton are now selling in
all the picture shops in Paris, and bought up with
great avidity.

- EAST-INDIES.

We have received Bombay Papers to 27th April,
which also contain the latest intelligence from Ma-
dr‘s, Calcutta, and the East Indian Islands. On the
2d a fire broke out in one of the suburbs of Surat,
which consumed upwards of 1,500 houses, with all
their contents, the property of not less than 7,000 of
that class of the native community employed in
weaving. Meetings had been held in Bombay among
the various castes, fur the purpose of raising funds to
relieve the sufferers.

Two shocks of an earthquake were felt on the 27th
of March, near Dacca, which were not, however, fol-
lowed by any injurious consequences.
The only passage in these Papers at all relating to
military operations, is the following extract of a letter
from Major Faithfull's Camp, banks of the Tonse

" OUDE, FEBRUARY so, Ins.

" Since the reduction of the fortified village of
Burgong, on the 9th inst. no fort has resisted Major
Faithfull's detachment. Yesterday a place near this
river, containing a garrison of five or six men, was
dignified by being invested by the squadron of the
Ist Light Cavalry, a company of infantry and two
six pounders, to which this mighty garrison soon sur-
rendered ! The Tonse being at the ford crossed by
the detachment full five feet deep, it required a day
and a half to cross the train. The gunpowder was
transported across in small dingles, and the carriages
dragged by main force through the water to the
other side. Casim Ali Khan has Several, forts near
this. It is certain he is desirous of peace ; but it ap-
pears that the Prime Minister has treated him so ill,
that out of desperation, he may probably fight. Cisim
Ali Khan is much esteemed by all British Officers
who know him. Major Faithfull visited one of his
forts the other day ; and it is to be hoped he has
given Casim Ali Khan assurances of just and fair
treatment when the Aumil Meer Gholaum Hussain
makes the settlement with him; the latter.appears a
very good kind of man, not at all inclined to oppress,
but there is no saying what orders-he has received
from the Prime Minister at Lucknow. On the 11th
inst. Major Faithfull's force was reyiewed in presence
of the Aumil. The cavalry made several brilliant
charges, and the spectacle went off with great eclat."
The Government of Bengal having ordered a scien-
tific expedition to be fitted out, under the superin-
tendence of the Company's Astronomer, for the pur-
pose of ascertaining the length of the pendulum at the
Equator, to combine with operations lately performed
in England, France, Madras, and in various other
parts of the globe, the same, most liberally furnished,
sailed on the 13th of March for Bencoolen, to pro-
ceed thence to the Equator. Captain Crisp, of the
Bengal Establishment, was appointed to conduct the
operations, under the superintendence of the Astro-
nomer, and had the aid of two assistants. The data
requisite for determining the length of the pendulum
would be obtained by the party, and transmitted to the
observatoiy, where the conclusions were to be drawn.
Other valuable information ii expected to-be.obtained.

Very little doing, this morning in the market, and the Foods
appear heavy. Consols fur Account 813--tor )boner Si. 'Re
market opened rather brisk at 813 buyers, but an eminent Jew
Broker sold, which damped the market.
Feasmis Fosos.—Up to this hour the market is Sat, and
scarcely any business done; but all fdleign securities remain
steady at the following prices: Milian Of, New Spanish 6313,
Old 683, New Prussian 883 3. (d 91, Russian en, Danish
U 3 89, Neapolitan 773 I, Colombian 863, Scrip 863.
Hat.r-tasr Twit:Ark.—lt Is understood in this market, that
the last Prussian Loan negotiated by BIessrs.ROVIIICIULN the
payment of which becomes due the end of this meth, will be
yet of till December next, on the payment of four per cent.
interest, in consequence of which the price has now advanced
to 8833.
PRICES OF STOCKS AT ONE O'CLOCK.

S per Ct. Cons. 81 811/4-4 per Ct. New 1003/s 1/h
India Stock. 2521,1.—1ndia Bonds 475. 464.
New Annuities 81—S per Cent. 1751, 81
Exchequer Bills of £1 ,000, Ss. 2s.
Ditto sMiall, ss. 9s.—Cons. tor Account 81%.

DONCASTER ST. LEGER, 1822.
DONCASTER RACE COURSE, SEPTEMBER 16.
(Received In Town by Express.)

The long looked for decision of the great St. Leger Stakes
is at last arrived, and we are well assured that the annals of
Spotting never produced an occurrence on which such public in-
terest and anxious doubt existed, as on this most important Race.
Thousands of the most distinguished Fashionable*, as well as
tens of thousands of persons of every rank and degree, were on
and about the Course, and hundreds of thousands of pounds
must most inevitably have exchanged owners by the result of it.

At fifty-seven minutes past two o'clock this day, as fine a
field of horses, of the first breed this kingdom can produce,
started, and in an instant, as it were, the convulsive eye of hun-
dreds witnessed the result of an event unparalleled for grandeur
and speculation—the particulars of which we subjoin :
Theodore -

Mr. Gascoyne's filly - 2
Duke of Leeds's c. by Conius - - 3

Twenty-two or SS started, and the above three only were
placed. Theodore won by a length. Any odds apt the winner
—5O to 1 apt Mr. Ciascoyne's filly, and 50 to 1 apt the Duke
of Leeds's cdt. Swap ran last but one.
The Produce Stakes was won by Mr. T. 0. Powlett's Hap-
hazard colt.

The French Papers of Saturday present ample sub-
ject for remark and reflection. The Government of
France imenarching towards absolute despotism with
singular rapidity, and hence paving the way forthat
le-action which is hot far distant. Of that Govern-
ment it may truly be said in the language of Scrip-
ture—,, the head is sick and the whole heart is faint,
and there is no soundness in it!" Every one who has
read the trials for conspiracy which have recently oc-
cupied so much of the public attention in France,
have looked-with contempt on the weakness of a Go-
vernment which could seek to magnify feeble plots
into formidable conspiracies. But if the judicial pro-
ceedings in the first instance were contemptible, in
their progress they have become infamous—nothing
short, indeed, than a legal conspiracy to convict the
accused, in one instance at least, that of the Rochelle
conspirators; and in the affair of General BERTON
and his associates, though we do not deny their guilt,
yet there has been such a perversion, or rather total
denial of justice in the proceedings, as to render their
conviction but a legalized murder.
In the STAR of yesterday we anticipated the verdict
and the sentence of General BERTON and his asso-
ciates, and in a preceding column we this day give
the conclusion of the trial. In reviewing the whole,
what an anomalous outrage upon reason and justice
does it present ! The French law allows to the ac-
cused, in criminal cases, the assistance of Counsel,
under the sanction of the Minister of Justice : but
when BRITON named a particular Advocate to de-
I fend him, the Court refused, and appointed him an
Advocate of their own choosing ! This Advocate,
M. DRAULT, who appears to have conducted himself
with prudence and firmness, not having the confidence
of the General who rejected him, was still compelled
by the Court to undergo the mockery of appearing
as Advocate for a man who disavowed him. At. the
close of the trial the Advocate declined making the
usual defence under such disadvantageous circum-
stances, when the Attorney-General and the Court
declared, that for such refusal, he should be removed
from the French Bar !

Next comes the questioning the accused, and com-
pelling them not only to answer severally as they
arose, the acts or presumptions of guilt sworn by the
witnesses, but also to explain private memoranda, in
short-hand or cipher, and to account for any object
at all suspicious found upon their persons. This is
the ancient torture, in a milder form, but still the
same in form and spirit. Another remarkable feature
in the Ftench judicial proceedings is, that the kr-
roitnar-GEnEit AL, who in France sits near one of the
Judges, usurps their authority—or, rather, an autho-
rity that neither Judge nor prosecutor should possess.
that of restraining the freedom of the opposing Coon-
.
sel, addressing them in a tone of arrogant diet *lion,
and commenting upon the evidence, as he goes on,
by direct appeal to and even solicitation of the Jtiry.
Upder such disadvantages, conviction fur any, politi-
cal crime in granco can 44Cige no surpribei particu:

. .

I ktlOSsft tbat,the Jury is composed of
St. Lottis and Ultra-Bourbonists.

however, in the French criminal proceed.
we find this perversion of justice, since
every Court in France. It was one of
the present French Ministry to abo.
.tri the Censorship, but to subject the
more iottruircnis and oppressive restraint.
A most wanton and malignant instance of the exer.
eke ofthis power has been exhibited against the Edi.
tors of four Opposition lournals in Palk, who, for
Stating a fact, which is not contradicted by pioof,
and which, from the speech of the Prosecutor,
pears to be true, have been condemned to fine and,
imprisonment; and what to a public journalist is
more ruinous than either, a prohibition from publish-
ing any reports of judicial proceedings in furore._.
The punishment Of the Editors has been varied, not
its proportion to the alleged offence, for no distinc.
tion is made in this respect, but it has been ann.,
voted in proportion to the sale and p.Tularity of the
offending Journal.

One part of the French law is, that the Editors of
Papers shall print whatever is sent them from autho-
rity, and hence we find that the four condemned
-Journals have been called to puhlkh the speech of
the Public Prosecutor on their trial—trial we must
not call it; for no proof was adduced; the Judges
would hear no evidence, pro or eon, respecting the
truth of a statement which referred to occurrences
during their absence from the scene—of which, con-
sequently, they could have themselves no knowledge.
The Public must take it for granted, therefore, not
only that the sentence was varied on an offensive and
malignant principle ; but that the guilt itself was
found, contrary to justice and common reason.
The penalties inflicted on those Editors, particulatly
on that of the Constituttonnel,are to the utmost stretch
of the law, or rather beyond it. The article in the
law applicable to this case enacts that ~ Infidelity
and bad faith in [he accounts given by journals and
periodical publications, of the Sittings of the Cham-
bers, Courts, and Tribunals; shall be punished by a
fine of from 1,000 to 6,000 francs."

It also further states that-4, In the case of relare,
or where the report is offensive to either of the Cham-
bers, or to a Peer or Deputy, or insulting to a Court
or Tribunal, or any one of the Judges, or Jurors, or
to witnesses, the Editors of the Journal shall be
besides condemned to an imprisonment of horn one
month to three years."
But there was not the slightest evidence either of
bad faith or infidelity in the accounts published by
the Journals, much less was there any ielapse ; and
that what a Judge, Juror, or witness niay consider
offensive, should be visited with imprisonment, is one
of the most despotic acts ever male by iny Govern-
ment in the worst of times: and yet th:s la ba,e
and infamous as it is, has been aggravated by the
manner in which it has been executed.

It has been remarked as singular, th rt no defence
was offered by the Journalists; the Cotalitutionnet,
of Saturday, however, explains this:

" Relying (says the Editor) on the previous practices md cus-
toms of the Court, which have always granted the accused, if
be has objections to state in /intim, the privilege of being he,:ri
in reply to the accusation, on some other day, if his objection„
are found not rele►ant, we attended only to state our objections
to the mock of proceeding (inoyeiu prljudicielks), and cleaned
that we did not mean to reply to the accusation. Counting,
however, on the former precedents of this very Court, reposing
in security on its previous decisions, we have seen ourselves de-
ceived by the sudden application of a new mode of proceeding."
The Papers on which the Court has thought fit to-
inflict penalties of so severe a nature, have intimated
the intention of employing every legal means to pro-
cure a reversion of the sentence. An appeal is to be
made to the Court of Cassation against the prelimi-
nary decree, by which the objections to the proceed-
ing were set aside.
The Constitulionnel has relieved us from much of
the apprehensions to which the details of the Turkish
and Greek operations in the Austrian Observer of the
2d inst. gave rise. We knew that these details could
not be wholly invented, and the presence of a Turkish
force in the Morea seemed to imply previous disas-
ters on the part of the Greeks. It turns out, hoet•ever,
`that though the statemects of the Austrian Observe,
are partly true, that paper has purposely excluded
from them most material circumstances which would
have given to the whole a very different complexion,
and has, thereby, in effect, been guilty of intentional
falsehood.

The account in the Cm:Oil:l6mnd is from Corfu,
dated August 11, and states that the battle took
place on the 20th of July, near the passage of Ther-
mopyla. CHOURSCHm's army consisted of 40,000
men. The Greeks attacked him with great spirit, when
after a carnage of more than three hours, the column
entangled in the defile surrendered, while the rest of
the army sought its safety in flight. Caounscitto
PACHA, pursued in his retreat, took the roasi to
Pharsali a. Led by this road into the defiles of Trachis,
nearly four leagues in length, he lost three fourths of
the remainder of his army. From the village of
Zoli to Thaumacos, the whole way was filled up with
dead bodies. The Seraskier arrived at Larissa with
only 3000 men.
Cardinal RECANTS died at Rome on the 31st ult.
in the 70th year of his age.
FRENCH FUNDS, Sr.a 14.—Five per Cents. opened
at 92f. 25c. rose to 92f. 35c. and closed at 92f. 30c.

Yesterday, at three o'clock, his MAJEsry held a
Court, at his Palace in Pall•mall, which was at-
tended by Earl 13.frtsuRsx Earl LIVERPOOL, the
.Earl of WESTMORLAND, the CHANCELLOR Of the
EXCHEQUER, the Treasurer of the Navy, Mr. W.
WYNN, the Duke of Doan?, as Master of the Hone,
and Loicl CHARLES BENTINCE.
Lord ST. HELENS and Sir HILOROVE TurtsEß
were the Lord and Groom in Waiting.
His MAJESTY held a Privy Council, at which Mr.
CANNING kissed hands, and received the Seals of Of-
fice from his MAJESTY, 011 his being appointed Se-
cretary of State for Foreign Affairs, in the room of
die late Marquis of LONDONDERRY.
Parliament was further prorogued from the Bth of
Oct ohz to the 26th of Novernbvr.
ME.Olaurrou SMITH was swan in Lord Liet*e-
nant of the County of Carnarvon.
Eat! ORrutntsx 'sat as .resident of the Council, in
the.ahsence of die Earl of HA anowaY.
The Council broke up about four o'clock.
Mr. CANNING had an audience of the KING before
the. Council, and the Earl of Livenroot. bad an ats-.
(Hew After the Council.

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'lilt: E' EN I NCI STAR. old Knights of St
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LONDON. , . imp alone that wi
it pomades ever]
TUESDAY, SEPTEMBER 17. IfiliS. the first acts of tlish, nominally{ i
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