Star.
London, England, 1812-02-11 00:00:00

WWI

SPECIAL COMMISSION.
HOSSSIbIONGER•LANS, MONDAY, VEIL la
This morning the Court met, in pursuance of ad-
j:nrnment from Monday last, for the purpose of pro-
ceeding to the Trial of the Twelve men taken pri-
soners at the Isle of France, the p trticulars of whose
offence have already appeared before the public. At
an ratty hour all the avenues leading to the Sessions
Douse were crowded to excess; and great was the
anxiety to obtain admission, that a very considerable
body of constables, who were assembled on the occa-
si, n, could scarcely prevent the throng from bursting
into the Court before the arrival of the Judges. At
ten o'clock, Lord Chief Baron Maeooslato and Sir
'S. LE BLANC arrived, when,
lVilliant Cundell, alias Connell, one of the prisoners,
was put to the bar; but so great was the clamour
wising from the crowd endeavouring to force their
way into the Court, which was not sufficiently spa-
cious to hold one-tenth of those who attempted to
gain admittance, that nearly half an hour elapsed be- ,
lore Mr. Knapp, the Clerk of the Indictments, could
proceed to call the Jury. At length, however, the
following Gentlemen took their places,- after many
bad been challenged by the prisoners' Counsel :
William Moline of Battersea-rise, Esq.
John Layton, of Putney, E.q.
Lomas Walk.r, of Upper Russell-street, Bermondsey, Glue-
maker.
George Dewdney, of Dorking, Banker.
s Stringer, Camberwell.
Joseph Lucas, ot Upper Tooting.
Edward Mailer, of Banstead.
Clarks Ansyll, of Carshalton, Miller.
• Ceotge Smith, of Croydon, Ironmonger.
Henry Gilbert, of Commeree-row, Christchtirch, Grocer.
Robert Hayward, of Barnes, Esq. and
Anthony Brough, of Clapham, Esq. Merchant.
Previons to their being sworn, Mr. BROUGHAM,
Counsel for the prisoner, put in an affidavit from Mr.
Harmer, the Solicitor of the prisoner, which mated,
that a Captain Willoughby, now lodging at the Sa-
lopian Coffee-house, was a material witness, on be-
half of the prisoner, as well as on behalf of the other
prisoners, charged with the same offence ; as he could
prove, that force was used by the French to induce
the British prisoners of war to enter their service, and
that one man was executed for refusing so to do.
This Gentleman, however, was so ill that he would
not be able to attend for some time. Mr. Brougham
expressed a hope, that the Court would, under these
circumstances, allow such a delay as would enable
the accused to have the advantage of this Gentle-
man's evidence, which he deemed actually essential
to thelr interests.
Baron MACDONALD said, the affi.lavit was in itself
.so wholly defective, and of such a nature, as not to
warrant the Court in complying with the request of
the Learned Counsel.
The Jury was then sworn, and the indictment read
to them. It stated—
" That on the 7th of August, in the 49th year of the reign of
his present Majesty, long before, and from th,tice hitherto, a
war existed between his lailajes• y and France • that the prisoner,
well knowing the same, did withdraw his France;
from the
King of Great Britain, he being one of his Majesty's subject., and
did aid and assist, to wit, on the Ist day of Deettn,er, in the
49th year of the King, in the Isle of Fr.nice, the said isie bet .g
in possession of the French, the said enemies, in citt-nce ot the
said Isle."
The first overt act charged was, that he did, un-
lawfully go from a prison, in which he was confined,
and did join himself to divers Frenchmen, and with
them did serve as a soldier in the service of France.
Next. that he wore the uniform of the said soAiei s.
And, lastly, that he, did unlawfully assist in keeping
and guarding divers prisoners, liege subjects of his
Majesty, confined as prisoners of war in the said Isle.
Mr. ABBOTT having opened the case on the part of
the Croa n,

The Arronsav-GEsinaL, in addressing the Jury,
stated, that the prisoner was indicted for high trea-
son, under the act of the 2.5 th of Edward the Md.
by which, in consequence of an amendment made to
it, in the 35th of Henry the VIII. persons charged
with such crimes as that imputed to the pris( ner,
could be tried by such a commission as that by which
the present Court was appointed. The facts charged
against the prisoner were plain and simple, and the
legal result, he had no doubt, would be equally in-
telligible. The prisoner was born in allegiance to
his Majesty, in the neighbourhood of Dublin, and
was a. subject of Great Britain. He entered on board
the Laurel sloop of war as a sailor, and was sent!
with her on the expedition against the Isle of France
and Bourbon. It so happened that this vessel, after
a desperate engagement with a French frigate, was
forced to surrender, and, together with the crew,
amongst whom was the prisoner, was taken into the
Isle of France, where the crew was placed in capti-
vity ; not long after which the prisoner agreed to
enter into the French service, provided he was'
allowed to go at large, and was accordingly libe-
rated. Upon these terms did he ewer as a French
soldier, wore the French uniform, consorted with the
soldiers of that nation, and personally acted AS a guard'
over his own countrymen. This last fact was con-
sidered the grossest insult by the British prisoners,
and, in consequence of their application, the prisoner
was removed. The Learned Counsel then proceeded
to call witnesses to prove the facts alledged :
Joseph Worth stated, that he was a shipmate with 'i
the prisoner, on board the Laurel, when she was
taken by the French, and carried to the Isle of Bour-
bon. The prisoner had informed him-, that he was
born at the Sheds of Clontarf, near Dublin. He,
along with Eimsei, and the rest of the crew, were
rat in confinement in Port Louis, and in about three
months afterwards, though he di.l not see the priso-
rer liberated, he saw him at liberty, dressed in a ,
Fr..iich soldier's uniform ; namely, white turned ups
with blue. The prisoner continued at large in this
manner, doing duty as a French soldier, until the
island surrendered to the British forces. Witness,
himself, entered the French service as a soldier, and
wore the uniform.

' On his cross-exanination, he admitted that he was
liberaied at the same time with the prisoner. The
prison in which the crew had been confined, was on
the ground-floor; and the crews of two ships were
sonhned in one room. They were very much an-
Toyed with vermin. He never saw so much vermin
in any place before. When he deserted fo the French
/el vice, he was in a state of intoxication, and, he ad-
mitted, that he was threatened, if he went back to the
English, with something that would not be good far
him. They kept him from going back, for that reason.

On Ilis re.etamination by Mr. GARROW, he said,
that before he and the prisoner had deserted, there
had been French troops coming frequently to entice
the mon out of prison. He could not say exactly how
long the prisoner was at lat-ge, but the Laurel was
captured on the 2d of September, 1808, and it was
about three months alter that the prisoner left the
prison.

Mr. BROUGUAN! here interposed, and said, that this
part of the charge, which imputed to the prisoner
the fact of leaving the French prison at the Lime spe-
cified, must fall to the ground, as three years had
elapsed since the circumstance 44ccurred.

The Court agreeing that evidence to that point
could not affect the prisoner by law, now desired,
however, that evidence to the rest of the overt acts,
charged against the prisoner, might proceed.
Thomas Mitchell, Master at Arms, proved, that
I he had heard the prisoner say on board the Royal
‘Villiam, when in confinement, that he was bred and
born an Irishman.

Captain Woollcomhe, of the Laurel, proved that
'the prisoner was one of his crew, when his ship was
taken into the Isle of France. He himself remained
there seventeen months, but was removed by cartel
before the Islan'd was taken. He was on parole
eleven months, but for six months afterwards in close
confinement ; while on his parole, he saw the prisoner
every day, and often met him walking about the
streets in French uniform, with the French soldiers ;
and 'after he was put into confinement, saw the pri-
soner as one of the French guard placed over him.—
He certainly saw him wear his side arms. Fifty of
the British pi isomers had entered the French service.
When the Officers were sent into confinement, some
of the men who had entered the French service were
part of the guard over them. They remonstrated
on having traitors to guard them, and they were re-
moved.

Lieutenant Robert Perceval Brcretnn said, he had
been a midshipman on board his Majesty's ship Sea-
fl which was taken and carried into the Isle of
France, by the French frigate La Manche. He was
on his parole at first on the island, but afterwards
put into close confinement : it was in December,
1808, and he remained till June, 1809. He saw the
prisoner there in French uniform, but did not know
him until he was pointed out toshirn by some British
Officers, and he noticed him at the time, and fre-
quently alterwaids, in order to be able to speak to
his person if any frame occasion should offer. He
wore the French uniform of a particular corps—red
turned up with green, and he wore the national
cockade ; he saw him as a sentinel over himself and
his br ah,r Officers ; witness had frequently noticed
him pointing with Ifs finger at himself and other
British Officers, laughing at them, and endeavour-
ing to make them look as contemptible as possible in
every way i,e could, and that in the presence of the
French. He always gave the military salute to
French Officers,- but never any salute or mark cf re-
spect to Br ittsli Officers, meet them where he might.
James Longstreeth, a private marine in the Laurel,
proved his having known the prisoner, and having
seen him frequently wear the French uniform, coc-
kade, and side arms.

Sev.ral other witnesses proved that the prisoner
wore 'he French uniform, and acted as a sentinel.
!• On the part of the prisoner, the name of Captain
Willoughby W. 13 now repeatedly called.
The ATTORNEV-GENERAL said, that, anxious as
he felt that the prisoner should have the benefit of
every test'mony the contri,l <I- Government could ob-
tain fi.r him, he had sent for Captain Willoughby to
his lodgings, at Charing-cross. That Gentleman
had accordingly come to the Sessions-house, and he
believed had seen the prisoner's solicitor, in the pre-
sence of Mr. Cock, the messenger, who had gone
for him, and who now, if sworn, would explain the
result.

Mr. Cock said, he belongs to the office of Mr.
Knight, agent for the Admiralty ; that he went with
a coach to Capt. Willoughby's lodgiugs, and brought
him to a convenient room in the Sessions-house ; that
he had seen Mr. Harman, the prisoner's solicitor,
1 and conversed with him. He was much indisposed
in his eyes. Wi• ness heard Mr. Harman intreat him
to stop and be examined ; but the Captain answer-
! ed, he would not stop for any man t he had but a
quarter of an eye left, and he should lose that if he
staid any longer.
I Mr. BROUGHAM then addressed the Jury on behalf
I of the prisoner at great length. He set out by con-
! juring them to receive the evidence in a case involv-
ing so many serious consequences to the prisoner as
the present, with the greatest caution. After expa-
; tinting on the many barriers which the law of high
i treason had placed around the life and liberty of the
j subject, he proceeded to examine the testimony of the
several witnesses, He contended that the testimony
of Lieutenant Brereton ought entirely to be put aside,
inasmuch as he had been contradicted by all the other
witnesses for the prosecution, in respect to the uni-
form which he stated the prisoner to have worn. He
must infer from that circumstance that he had mis.
taken the prisoner for some o.her person, and couse-
quently that part of the prisoner's conduct, namely,
his insulting and jeering 'conduct to his officers
(which he contended was the most serious part of the
whole evidence) was without any foundation. All
the other witnesses had stated the prisoner to have j
worn a white and blue uniform. Having, then, com-
mented upon the evidence of the remaining witnesses,
which he asserted was by no means of so conclusive j
or satisfactory a nature as the magnitude of the charge
required, he proceeded to direct the attention of the
Jury to the motives by which the prisoner had been
induced to swerve from .the strict line of allegiance
to his Majesty, and to adopt a course apparently so
inconsistent with every feeling of honour and loyalty.
He drew a glowing picture of the miseries to which
the unhappy prisoner and his companions had been
exposed—confined iR a dungeon swarming with ver.
rnin,and kept upon an allowance of provisions scarcely
sufficient to sustain existence, together with a variety
of other hardships, too numerous for detail. From
such wretchedness as this, it was not surprising that
men, not possessed of the most refined feelings,
should attempt to escape ; and, as the first step to-
wards an end so desirable, t 3 get without the walls of
their loathsome prison by the only means which
offered, namely, the trick of entering into the French
army, with a view, not alone of procuring the means
of alleviating their own distresses, but of rendering
assistance to their countrymen in thraldom : this, he
argued, bad been their only motive, dui only feeling

by which they bad been actuated—a Fact wa;
sufficiently proved by the words of the capitulation,
to be found in the London Gazette containing the
.particulars of the success of the British arms ; there
it was specified, that the French troops and their fa-
milies should have the opportunity of being conveyed
to any port in France, and, in consequence of that sti-
pulation, to the disgrace of Great Britain, he had to
lament that several British subjects had accompanied
the enemies of their country. The prisoner, how-
ever, did not avail himself of that liberty, but with a
zeal highly creditable to himself, seized the first op-
portunity of quitting a service which he so thoroughly
hated, and submitting himself once more to the di-
rection of British officers. Under all the circum-
stances of the case, he trusted the jury would agree
with him in thinkiug that the charge against the pri-
soner had not been fully substantiated ; that there
was considerable doubt he was satisfied they would
admit, and concluded by exhorting them to decide
upon the fate of the prisoner with that mercy whielt
ever marked the proceedings of a British Jury.
The first witness called was Edward Reynolds,
who stated, thaz he was in confinement with the pri-
soner at the Isle of France, and had belonged to the
Laurel. He described the prison as floured with
flags, and furnished with planks and guard-beds.—
They had short allowance of every thing. He could
not say he knew that prisoner attempted to escape r e-
fore his liberation and going into the service of the
French. He was confined afterwards with the priso-
ner in the Isle of Paz, by order of the French Com-
mander, but this appeared to be for some miscon-
duct in staving a water-keg, and striking a French
Corporal. Witness was present when the prisoner
surrendered alongwith him to the British troops. After
the capture of the Island, he had given himself up
voluntarily, as soon as he was able, after being libe-'
rated with the other British from his confinement in
the barracks.

George Armstrong, one of the mes indicted along
with tire prisoner, was next examined. He said he
had been taken in the Laurel : he said the prison
was poisoned with insects and vermin, and that they
had short allowance of food, bet enough of water.—
When the island was taken by the British, the French
came into the prison and beat the prisoners, and
treated them cruelly, because they had refused to do
duty or work. When the English first appeared off
the island, and departed again, the prisoners endea-
voured to obtain their liberty, when a party of ma-
sons and carpenters c erne to fasten the place ; lie
was present when the prisoner surscndered himself
voluntarily to the British ; only about twenty or
thirty British prisoners went to France: they had
been cannoniers.

Mr. GARROW declined cross-examining this wit-
ness, as he was indicted for high treason himself, uu.
der the like circumstance-4.

Jame, Phitbr, another of the indicted prisoners,
gave testimony much to the same purport.
Mr. JERVIS declined cross-examining him, for the
reasons before mentioned.

William Arthur, a marine, knew *Donnell on
board the Royal William, where the prisoner and his
fellow-prisoners were confined under his guard ; and
he heard *Donnell say, that he would keep a pub-
lic-house with the blood•money. The prisoners were
looking out front the place they were confined in at
the time. He did not know what *Donnell meant
by blood-money. He bid h'm go away, and struck
him with his cutlass, for which *Dounell brought
him before the Lieutenant on deck.

Mr. BROUGHAM now put in the London Gazette
Extraordinary of the 15th February, 1811, to prove
the terms of capitulation on which the Isle of France
surrendered ; and that one condition allowed all the
soldiers and sailors in the French service, without ex-
ception, to go to France ; a liberty which the pri-
soner rijected, and preferred surrendering to the
British.

Mr. Jolts then addressed the Jury to evidence on
behalf cf the prisoner.
TheATrottNEr-G EXER A L, in reply, particularly ad-
verted to the conduct of Government, in having used
every possible means to afford a fair and impartial
trial to the prisoner and his companions, for procu-
ring►, at their own expellee, every witness within their
reach, whom the prisoners had pointed out as essen-
tial to their defences. It was not his intention to fol-
low the able and eloquent speech of his Learned
Friends (Messrs. Brougham and Jones) through all
their bearings, but should confine himself to the sim-
ple and plain facts for the consideration of the Jury,
namely, whether the prisoner, having been discharged
from custody, did not enter the French service, wear
the Frenckuniform, and act as a guard over his
countrymen ? These facts had been most indisputably
proved, and therefore the legal result must be drawn,
that he had been guilty of high treason, by adhering
to the King's enemies. The acts of treason being
thus substantiated, the next question was, as to the
excuse which could be offered in extenuation of the
crime. No legal excuse could be received, but the
proof of .his having acted under the fear of death.
This maxim had been laid down by Judge Hall, Mr.
Serjeant Hawkins, Mr. Justice Foster, Ind every
other Judge in the land. in the production of such
proof the prisoner had failed, and consequently must
be found guilty to the full extent of the crime imputed
to him.

Baron tvlircooNALohaving summed up the evidence,
the Jury retired, and after a short consideration, re-
turned with a verdict of Guilty—lleath. They,
however, recommended the prisoner to mercy, upon
the ground of his having returned to his allegiance
when the opportunity offered.
The Court then adjourned till to-morrow (this day).

Fl n Yesttr day, at one o'clock, a fire broke out in
the house Mr. Archer, Kirby-street, Hatton-garden,
which consumed the upper part thereof, and, melan-
choly to relat., the father of Mr. Archer perished in
the flames.

A Miss Glass, the daughter of respectable parents
at Chelsea, was drowned by falling into the Thames,
on Saturday night; in attempting to dip some water
she over-reached herself. The body was found near
Battersea-bridge on the following day.
F. Geyette, a French prisoner, lately employed as a
servant on board the Pegase Hospital ship, has been
released and sent to France by the Transport Board,
as a reward for his exertions in jumping overboard to
the rescue of the cook and boy of the HYDRA frigate,
wbea upset in her boat is Porchestee Lae.

zbNbeßeff, FEBRL'Ar

HIGH COURT OF JUS TICIARY.
We have already noticed the commencement
the trial of John Lindsay Crawford, some time of Ducli
gannon in Ireland, and James Br idiey, some ;
schoolmasier and clerk at Castle Dawson, count' if
Lond,nderry, Ireland, accused of having f rpd-
, falsified certain writings, for the purpose asu pp Ct
ing a claim made by the said John Lands it'
ford, under a brieve from Cl•ancsfry, directed to di;
Sheriff-of Edinburgh, to b- sod lawful and ne,,e,,-t
heir-male of John Crawl, r, first Viscount Catuck—
his great great grand-fathedr.
Ihe following is a sketch of the circumstance's/
this extraordinary case :
Crawford, one of the prisoners, was a schnoltessier
and some time a serjeant of militia, in the ncirth
Ireland, the other was also a schoolmasex, and tiro
were it timate with a person of the name of Falterer.
who, likew'se, folk wed the sane lac& ssiun, s,
time after the cli-ath of die late Earl if Crawford tee
pros nice, John Lindsay Crawford, supposing matt
relation of, the late Lail had lived as stew.cd, at
Castle Dawsim;thought that if he could prove a Fre.
pinqu ty to him, he might, by that meas, 064, the
E Adorn, and certain estates in Ayrshire; ;,11., ft
, this purpose he got possession of tome old d,d,,
which thenames of James Craw ft rd, • nu. .nj
nior, were inserted, the former of whom isac ;a
to the late Viscount Gat nook. Having submitted t..,4
tG his associat s, Bradley and I inning, lierivmej
to Kilhirnie, in Ayrshire, an 1, in the handi of a de.
scendant of a former f actor, he found
and-old letters. These were transmitted by a uary
messenger, to Braille*, who with the assi tam 4
Fanning, deleted certain passages in the letter,
substituted something relative to thii Jameseraw.
ford, and for the names of some of the steam.
which were also deleted, that of Crawford was 146
wise substituted.
Tne singular ingenuity displayed in these alma.
Lions, struck every one who hid access to see the p.
pees, the hand-wriiing and colour of the ink be;,
not only most successfully imitated, but the fabric
the paper, though old and worn, was preserved .
tire and uninjured. The papers had, in fact, sem .
the appearance of genuine deeds, that the deept
was in part completely successful. At this jaw"
Fanning, to whose dexterity his associates Men
I debted fur the success of their plans, turned fia6
evidence ; and having made a declaration beige&
Sheriff; irstOriated to Crawford's agent the Ede
the circumstances. In consequence of Fanning's is.
formation, Bradley and Crawford were soon aftrr
prehen.led ; and the declaration emitted by &
opened a scene of the most deliberate fraud.
Several witnesses were called in cutroboratise
the declarations ; and the exculpatory eviilenceasa
'proved the good character of the prisoners moos
to this trans iction, and the bail character of Fateirg,
the witness, on whose evidence they were coarickii.
The point chiefly imistcd on by the prisoners' Caw
sPI was, that, as no p itrimonial interest was
no crime was committed.

heJury wer • inclined at half past seven o'clock of
Tuesday morning, and yesterday returned a verdict
of Guilty ; on whiCh Lord MEADOWIANIL, 010 tie.
sided, thanked them for the'unwearivdAttentionehick
they had paid to the case, and for the immune
Iskill'with which they had made up their verdict.
No objection being stated by the Counsel for the
prisoners, the Lords proceeded to deliver their cps
nions, and after expatiating fully on the enormity ci
the crime, Lord NI EA nownANK delivered a soon
able exhortation to the prisoners, and sentenced
to 14. years banishment beyond seas.
The Court was uncommonly crowded. The
of Wemyss and Lord Kinnaird were accomm
with chairs on the Bench ; and the Bishop of
was seated within the Bar. The Judges were
Meadowbank, Lord Hermand, and Lord W
houselee. The Lord Justice Clerk declined sittin
in consequence of his relationship to the Noble F
mily cf Crawford ; and Lord Armadale was
ted from attending by indisposition.

A meeting was held on 'Wednesday, at Briedirl
the nrmination of a candidate to succeed Me. Bu
Liu, who has announced his intention to retire fru
:he representation of that City. Sir S. ROMILLT
Mr. Paornetton were proposed, but the meeting di
persed in conselu2nce the a tumultuous toad**
persons present. A pressgang, with men frA
Kintswood, crews of different vessels, and a nimbi
of hired workmen, obstruc ed the proceedings, u
seemed determined that no one should be beard.

Numerous Letters daily arrive in Town to the
tery Offices, complaining of a want of the usual)
mittances to the Country of Tickets and Shawl
the Scheme which stands so near at 4sue as Team

Isinxr. The cause obviously is—:.that a Lovert
only 8,000 Tickets, yet so interesting as to tarp.
Prizes of £20,000, with other important Cara!
will scarcely be sufficient to srpply the WM°
and consequently not to admit of the accitstomalle
mittances to pruvincial Agents.
Rto rs, AT NOT TI NGH .4 M. Saturday, Felforyll'
It sis with greAt pleasure we state, that the delis
tion of frames this week has been much kss doll
of the last.

Lawast FROM Lunn.—The following is :rot
copy of a letter stated to have accompaied 'bill
tamed articles which had tern stolen at do*
when the frames were broken at Clifton : 1
Unknown Stranger-1 have intrusted these Ankles WI 0
Care and I do insist that you will see that they ate itlitigri ll'
their respective ones' it is with extream Reprat that I 0°
you hcw they Came into my bans when I came out
Inter
men their we r sum joind us that I
,fiver had ad with
aid :t wear thee Villinds that plundred but es et wee°
out of Chiron one at my Men came and told me that bolt
that those Men ad ant somethitick that they had so 11•110.1
1 th.irtore gave horderb that ally aliould he searched
we found nn Ohm we left the thins at tllCLOlVilknd Sag= i
that the over. has act agen we were gust sea are We':
one nt rbe Villcvds when we weir informed that theSoMelw
at hand and we rh t it Right to Retreat. ,ii
N. 13. The N len tb.it had the avant. were entire lir.,_,r•w"-
MY bottlers Or they Never ciworx not have incl.'d cataull,n„
they have been atunt.htd In, their vileny for one of 00;
beta barged f ,r 3 hia•net and then Let down agars lit.%
to the pore and Distrest and a enemy to the opriell.w—
t;an
(signed)

Hltai WATEK Al LONDON 'MIDGE

____ ________ _
Morning...
Afternoon 4 4 1

I.I.OODUN t Yrantrd by Lyral. Kim/. 1'
p AbLshai there, sa4 dbe Star-04:14.