Star.
London, England, 1817-09-12 00:00:00

INTERESTING TRIAL.

cal.

(From the French Papers.)
ASSASSINATION OF M. FUALDEZ.

RODFZ, COURT OF ASSIZES OF AVEYRON, Aso. U.
This trial has already lasted several days, and is
not yet concluded. The following is a summary of
the facts extracted from the indictment.—On the
19th if March last M. Fualdez, late Magistrate, was
stopt about eight o'clock in the evening at the corner
of the street Hebdomadiers, by persons who gagged
him, and carried him to the house of one lfiancal,
where he was stretched upon a table, and had his
throat cut with a butcher's knife. His blood, being
received into a trough, was given to a pig to drink,
and the quantity which it was unable to manage was
thrown into—. Some five franc pieces were found',
upon the deceased, which were given to the wife of '
Bancal by the murderers, in saying, " Here, take
this; we do not kill the man for money." The body
of the deceased was carried about ten o'clock the
same night by four individuals, followed by three
others, two of them armed with fusils, and thrown
into the Aveyron. The body was seen floating next
day upon the water, was taken out, and recognized.
The young children of /Local, who were believed
asleep, had heard and seen all through the curtains
of their bed. They tecounted every thing they wit-
nessed. The assassins had posted at the corner of
the streets people who played on a noisy instrument
to prevent the cries of the victim from being heard
during his immolation. On the following morning
several of the assassins robbed the tothe of Fual•

dee of various effects. The act of accusation marks
gut as chief of the assassins, Sieur Bactixte Gramont,
who owed 10,009 Irene% to the unfortunate Fualdez,
and who, being pressed to pay the debt, on the 19th
of March, the day of the murder, about five o'clock
in the afternoon, said, E. Do vu believe I wish to
defraud you ? I shall take means to pay your bill
this evening." In three hours afterwards M. Fualdez
had his threat cut. Among the accomplices were
Bancal, who has died in prison since his arrest, BA:,
Bousquier, and Baptiste Colard, who, along with
Blacat, carried the body. Three fusils were found
in the house of Colard. Missonnier and Jausion ac-
companied the body to the river, Anne Benoit sup-
plied the handkerchief. for a gag, and Dames Jausion
and Guiltier aided in the robbery of deceased's house.
The 19th, 20th, and 21st of the present month
were occupied in the examination of 59 witnesses,
who, by deposition more or less important and often
contradictory, left on the affair an encertainty tor
mentieg to humanity. At last Madame Manson,
who enjoys a good character at Itodex, hut who
since the commencement of the present trial had been
reported to be in the house of Bancal during the as j
insulation, %ens called. The name was no sooner
heard than a breathless silence reigned in the Court ;
the most lively interest was universally felt when
Madame Manson made her appearance.
The Attorney-General, after the usual questions,
addreised a touching exhortation to the witness.--
~ The public is convinced," said he, I, that you were
carried to the house of Banes' by accident, and
against your wil . You are regarded as the angel
destined by PItOVIDUCZ to clear up this hOrrible
mystery. Although there should have keen on your
part some weakness, the declaration which you will
make, and the immense service you will wader to
justice, will dispel the remembrance of it."
The President to the woman Basest...Do you
know that Lady ?
Madame Manson turned rapidly towards the pri.
soner, and raising her veil, asked with a firm tone—
Do you know me ?—No.
Why President to Madame M.—Do you know the
prisoner ?—No. I atv r saw this woman.
The President to Bastide and Jausion.—Do you
know this Lady ?—Jausion—No ; I only know her
by seeing her at my house onces or twice about five
in. nibs ago, paying a visit to my sister-in-law, Ma-
dame Pons.

Madame Manson.—How then bad he the audacity
to salute me in full Court f—Bastide.—l only know
the Lady by having met her once on the highway.
The President exhorted Madame Manson to de-
elsre the truth, and tell what she knew of theessassi
nation of M. Fualdtz. _

. Madame Manson threw an expressive glance on
the prisoners, and fainted away. She was carried out
of Court to a terrace before the palace a the most
solicits attentions were lavished upon her. There
she recovered her senses, but fell into the most violent
movulsiosts. She then screamed with a terrified air.
Kid my sigh(of these assassins! She repeated this
esciamation several times. The sitting was suspended.
It was announced that she was ready to re-enter,
sod she was conducted to the witnesses' box.
The-President, addressing her with great mildness.
.—Now, Madame, endeavour to compose your imagi-
nation. Be not afraid. You are in the sanctuary of
justice, and in the presence of the Magistrates who
will protect you. Declare what you know. Cheer up.
What have you to tell us Were you not a witness
of the assassination of M. Fualdes I—l was never in
the house of the woman Bence]. (Alter a moment
of silence) I believe Jausion and Bastide were there.
If you were frot present, why think you sot--By
the anonymous cards that I received j by the steps
they took with me.
Do you know the hand-writing of these letters
I know neither the writing of Jausion nor Bastide. I
believe one of these letters is a letter of their counsel.
Of whom —Ot M. Arsaud. They came to me
to make me retract the first declaration I made at
the Prefecture. Madame Pons, in particular, the
sister of -Bastide, came at nine o'clock in the evening.
and remained with me till one o'clock in the morn-
ing. endeavouring to persuade me.
What did you promise.to Madame Pons ?-4 pro-
mised to retract my first declarations, because they
were false. I had said that I was in the house of
Blocs), where I never was.
You have told us your fist declaration was false;
you know nothing, therefore, about Jausion and Ba-
stide. How could you then say you believed them
conjecture.. Then turning to Jausion
talky ?—By
she said, when a man murders his children, he may
murder hit friend, he may murder any body : then
addressing herself to Jausion, in a firm tone, it is you
I am looking su
How solder his children l—abe affair is arranged,
but ;Iskpublic will mot be duped.
Hate you no other reason for your belief than this

4 aT.ir ?—I aeverlras at the boost of
will answer for that on the scaffold.

This is not what you said to irreproachable wit-
nesses, who can be called. We shall call your cousin
Rodal. I will support every thing he says. I have
made imprudent declarations ; I retract them. I
promised so to Pens; they were forced from me by
a (ear for the life of my father. Did you but know
how I have been menaced.

The President, in the moist pathetic tone—ln the
name of your unhappy father, torn by a thousand
anxieties—in the name of justice—in the name of
humanity, whose ties have beenbrokert by a crime
which alarms all society, I conjure you to declare
what you know. Why would you betray the troth
Yes, if you had a weakness to reproach yourself with,
your declaration will re•establtsh your character in,
public opinion. See with what attention we listen to
you. Speak then, speak. The public, astounded
at a crime committed on the person of a man whom
you have known, of a Magistrate who sat by the
side of your father, demands nothing but the triumph
of truth. It will cherish you—it will exalt you to
the clouds if you reveal the true criminals. Prove
that you have been brought up in the love of justice,
shew that you love it, and that you cart obey itt dic-
tates. Remember that you have often spoken in
your letters of the honour of your family—that this
honour can never ally itself with perjury, and that
the wound which you may now inflict upon it can
never be healed. Speak out, daughter of E—,
speak, daughter of a Magistrate.
During this speech the countenance of Madame
M. changed by degrees, and at the last word: she
again fainted. When she hcgan to recover from her
swoon, she saw by her side M. Desperieres : push-
ing him away with one hand, and extending the
other to the sword of the Marechal de Camp, she
exclaimed, you have a knife, and again fainted.—
She recovered her tenses, however, without leaving
her seat.

The PresiJent again, after having endeavoured to
sooth her feelings, and to calm her imagination, re-
quested her to speak.
Ask, said ,he, of Jausion, if he saved the life of a
woman at the house of Bancal I—No, Sir, L never
saved the lite of any one. The eyes of the prisoner
met those of the witness; she turned round towards
the President, exclaiming—Great Goa! There was
a woman in the house of• Bence' ; Bastide wished to
kill her, but Jausion saved her

But, said the President, they both deny that they
were there.

Madame M.—Bastide and Jansion not there ;
Ask Bausqttier if he knows me ?—rSousquier denied
having ever seen her before. The witness being ask-
ed it she knew Bousquier, said she did not. She
spoke incoherently, and again fainted. She had
heard, she said, that a woman w.as in the house at the
time of the murder, and was concealed by Bancal.
Where did they conceal this womac—:n a closet
Tears fell from the eyes of the witness, and she said,
yes, in a closet—but denied that she was that wo-
man ; declaring, at the same time, that Bastide
wished•to murder her, but was prevented by Jausion.
She said she had received addresses of certain houses,
which she was requested by the Prefect to visit for
the purpose of making discoveries, but she was afraid
and refused. She was afraid of finding persons be•
longing to the family of Bastide in her visit. Then
casting an incensed glance at the prisoner, she said,
•' They made a terrible oath ova the dead body ;"
I ask Jausion if the woman whose life he saved was
not Madame M. (the witness) ?
The Marechal de Camp, who attended the witness
when she was carried out in a swoon, was examined,
and deposed, that when she returned to herself she
exclaimed, save me from these assassins ; they will
destroy all the honest people in the Department; let
me be examined, and I will speak the troth.

M. Fualdez, the son of the deceased, interposed
and said, the witness is frightened at the sight of
poniards, and still more at the presence of the assay
sins of my lather ; let eight volJiers be placed be-
tween her and the prisoners, to shade them froth her
view, and to secure her against apprehended danger.
He conjured the witness then to speak the truth in
the name of his father. The line of armed force
was placed as requested. The President then asked
her if she was in the house during the assassination.
It snide intcrruped the President, and denied being
in the house of aims!, whatever might be said by
Madame —. The witness then stamped with her
foot, and cried out, Confess, wretch! All hearts
thrilled. After sbme moments of gloomy silence,
the President said, how can you accuse these men so
strongly, and not declare you were is the house ?
They cannot deny it, there are so many witnesses
against them. Why do you fear the voice of Bastide?
Why do you tremble when you hear of the dead body
of Fualdes and the fatal knife ? She then said she
would adhere to her declarations before the Prefect.

Evidence was given as to her saying, after the mur-
der, that she was in the house of the assassin at the
time in which it was committed; that shelled the
charge on the prisoner at the bar; that she said she
had been sworn not to reveal the crime, and that gra-
titude for having saved her We, combined wi:h the
obligation of an oath to prevent her from giving tes-
timony against one of the accused. Madame M. ad-
mitted the truth of the whole of this evidence in
Court. She again, however, retracted when con-
fionted with the prisoners. The Prefect of the De-
partment, and M. Clemandot, Aide-de.Camp to Ge-
neral Vautri. declared, that she had stated to them
her knowledge of the murder, and its perpetrators.
The Prefect delivered to the Court a great body of
letters and examinations which he had rcceived from
Madame Manson on the subject, equally contradic-
tory
and incoherent as her verbal depositions in
Court. The letters and other docorneuts ate very
curious and interesting, but too long for insertion
The trial has lasted ten days, and is nut yet concluded.

The Largest Prize in the Lottery drawn on Wed-
nesday last—viz. No. 2,377, entitled to TWENTY
THOUSAND POUNDS Meng,; also No. 633, a Prise of
0200 Amy. were sold in Shares to the Public at
Stvswarour's Fortunate Offices, where the Holders
of the several Shares may instantly receive the value.
Another Grand Lottery (1+,200 Tickets) will com-
mence drawing the 7th of NOVIIIIINA, containing the
unprecedented Number of Six Noble Prises of
£20,000, with various other Capitals, and no atom
than On Blank to about Foos Plums I

EAST INDIES.

SHIPPING CAS/.

The following Report of a Cue tried in the Ad-
miralty Court of Fort William, on Tuesday, the 4th
of February, 1817. is most important to the interest
of the Owners of Ships engaged' in the East India
Trade.

GEORGE COLLIER, FOR HIMSELF, AS WELL Al FOR OUR
SOVEREIGN LORD THE RING, V. THE CUTTER DISPATCH .

The case was opened by Mr. MACNAGHTEK, who
read the libel, setting forth that the cutter Dispatch,
belonging to the port of Calcutta, and bound to
Bombay, owned by British subjects, and commanded
by a British Captain, did take on board indigo, rice,
red wood, and sugar, without having previously
given a bond, in terms of the 12th Charles 11. C. 18,
s. 18 and 19 ; thereby incurring the penalties an•
need to the breach of the aforesaid enactments.

The libel concluded in common form. by calling
upon the Court to confiscate ship and cargo, in terms
of this statute. The facts libelled being admitted,
Counsel were heard on the part of the Crown, and
for the defence; when
The Honourable the Cuter Justice began by ob-
serving, that when he reflected on the great political,
as well as commercial interests involved, in the pre-
sent question, it might have seemed desirable that the
Bench should defer giving judgment until the Judges
had taken an opportunity to reconsider all the Acts
of Parliament, in connection with the learned and
able pleadings, which had come Irons both sides of
the Bar. But as both he and his Honourable Col-
leagues had devoted much time and attention to the
subject, since the question had been first started, his
Lordship felt, that to delay pronouncing judgment
for oue or two days longer, would not enable the
Bench, occupied as it was try a pressure of other busi-
ness, to give a maturer opinion than that which they
were already prepared to do; and would, his Lord-
ship apprehended, lather savour of affectation and
parade, than be productive of any real advantage;
and to delay their judgment for any length of time,
would necessarily aggravate the inconveniences and
uncertainty under which the Mercantile lutesest has
'laboured tor some time past. Hits Lordship observed,
that with respect to the ultimate decision, there could
be no doubt entertained ; and that it would be moos-
trout injustice to decree a forfeiture, in a case where
to constitute an offence against the law on the part of
the individual, it was necessary that certain public
Officers, who had not been appointed in this country,
should have been ready to have concurred with hint
in the act ; for the bond was required to be given to
Civil Officers. To punish this individual for a crime,
whose perpetration depended upon others, and not
solely upon himself, and where he had not the means
of complying with the law, would, the Honourable
Judge repeated, be monstrous injustice ; and his Lord-
ship held, that even on this ground alone the Court
must decide against the prosecutors. The argument.
he said, carried conviction to his mind, that as no
such persons, as the Legislature required to execute
the law, had ever existed in this country, and as
the affairs of India had been repeatedly before Par-
liament, and as ro measures had been taken to sup-
ply this defect, for warty 160 years, it was not at
this day to be credited that the Legislature ever
tended the eighteenth and nineteenth Sections of the
Navigation Act to apply to the trade of this country.
His Lordship then proceeded to observe, that the
plea of no forfeiture having been incurred in the pre-
sent case, was strenthened by the provisions made
for regulating the trade of India subsequent to the
12th Ch. 11. c. 18. It had been attempted to extend
these laws in all their enactments to India; but Par-
liament always legislated separately for this country,
and had not emended to it aay part of the Naviga-
tion Laws, except the first section of the 12th Ch. 11.
e. 18. which regarded the build and navigation of
ships. In all the cases in which doubts had arisen
in regard to this point, these doubts had a reference
to this first section of the Act, and only so far as fe-
w/riled the wade of foreigners with this country. -It
must be remembered, that the Company's shipping
was not confined to the limits of their exclusive trade;
but they necessarily passed those limits in going to
and from England, and while their ships were out
of those limits, they came to be comprehended under
the law, as applicable to British shipping at large.
It being, however, found inconvenient for the Com-
pany to trade under these restrictions, his Lordsbip
observed, that it had become necessary to make a
special provision, exempting from a strict com-
pliance with them ; and it had been enacted in the
21st of George 111. that all ships then purchased by
the Company, and employed in the East India trade,
should be held and reckoned to be British ships.—
This enactment became necessary, as the privilege
granted was in conuavention of the first, and broad
section of the 12th C. 11. c. 18, which was thus held,
as having a prospective operation ; and not as con-
fined to the dominions then in possession of the
Crown. In the same section of the statute, 21 Geo.
111. a direct provision is also made for the manning,
or navigation of ships ; and to one or other of these
provisions only, his Lordship observed, that the cases
cited by the Counsel for the prosecution referred. In
all the instances in which reference had been made in
subsequent Acts in respect to this country, to the
statute of the 12th C. 11, c. IS, she build of the ships'
or their navigation is alone regarded ; the words used
are uniformly ships " mitigated according to law ,"
and ships purchased by the Company were made, as
already noticed, to come under the meaning of this
clause. But no reference whatever to the sections of
the 12th of C. 11. c. IS. which regard the shipping of
goods or the giving of boilds, is to be found in these
Acts; no such expression occurring in any of them
as goods shipped according to law," a saving
clause, which would have been also employed bad
these sections been held, as equally applicable with
the first, to the trade of India. This argument was
therefore applicable to all the cases which had been
quoted : and it was sufficient for his Lordship to say,
that greed the subject matter, brought before the Court
by the present case, this point alone required attention.
—ln respect to the bonds, which had been 'insisted
upon as necessary, in the trade of this country, the
Acts of Parliament upon that subject, were clearly
incompatible with each other. The bonds, required
by the 6th Anne, from the East India Company,
for the enforcement of certain provisions, in their
trade from with 'mitt the limits to England, were dif-
',rent, in their amount, and in their object, from
those exeßed by the 12th Charles LT. c. 18. The

lirl
bonds of the 6th Ante. iagett CCii*
Carry all the produce of this country, which nt.
might once bring bey nd he limits, to a partico,l
' Port in England ; and prevented them from brat.
ing bulk at sea, or trail h Aping, Ia Sr slat, nyp,4
of this produce. His Lordship then stated, think,
dia, although an inheritance of the Crowns had b.%
from time to time yielded up to the East India Col.
pany; and no Governors of this Country ha.... 4 ere
been appointed by the King. Parliament hts,,t
' from political motives,with which their Lordshins teen
0 not concerned, leased out their territories toot/':;,
both granted them privileges of trade, and p
of making regulations for its Goverari.ent, had re*,
• dered it impossible legally to comply with th • • nto,
ments of the 196) section of the Navigation Ae.
His Lordship observed, the. there were o hfr tai
nute circuo.stances, which reqtrirt d to he attended /a,
in coming to a decision unon this case. if bona snt
requisite, it most be taken from the lionelr.o!i
Company by their servants; which, as or ply:ng
.2
absurdity, could never have been in the co;neinpla-
tion of the Legislature ; who had es ,ress y declared
that these hood:. could only he reonnted ro ,
servant of the Crown, not to a servant • f t. ,* L.
pany. The penalties also, which were rosin le ti :71
the Company, by the 6th of Anne, c. 3. ben. iv_
rent from those of the 12th of C. 11. c. 18.
not have been in the mind of ?as i anent to c.ah ;ht
penalties of the two statutes together. Fin o, ert
the Legislature meant a subsequ sctment
against a former, or intended to s. y parf.uta:
pronle,:e or prov:sit:n 1-rmerly gratiteo or mail:,
usually did so in express tarots ; as itt the can! 0:
which they enact, that ships in posbession
jesry's subjects, previous to the pasti:tg . f i!:
lof Ch. 11. c. 18. shall be deemed tt be But, h 13
within the meaning of that st.aute, *ltems%
or however procured. It was, theretore, In be Ire.
fumed, that in enacting the bond proessi iis Le
6th of Anne, c. 3. the Legislature would have es
pressly mentioned the Bonds or the Navigation Act,
had these Bonds been considered as ever a, ply' g n
llndia, or had it been the irtention an Pat t•am
they should apply. At:er a pew other nioca,
His Lordship concluded by remarking, that New.
foundland had been considered as without the meat.
ing of the 18th and 19th sections of the Nay gaticii
Act, as it was not a British Colony at the Vane t
chiefs the Act was passed. To bring it within its
operation of these provisions, the Legislator.. inten
tared, and declared it to be so, by Act of Pailia.
ment ; and his Lordship said, they would du the
same in regnrd to the commerce of this country, when
they should see it proper to adopt such a measure, as
extending the provisions of the 18th and 19th section
of the Navigation Act to India. Parka,' tot Im4
made similar declarations, in regard to other moo.
tant points ciinneeted wi!h the trade to the East In-
dies, particularly respecting the ships to which it was
to be carried on, and the manner in which these ship
were to be navigated, so as to entitle them to be cos.
sidered as 4 Navigated according to Law.' But at
circumstances now stand, a Court of Justice, said hi
Lordship, had no authority for decreeing a torteiture
for the breach of a law, which had never Wen de.
cleared or considered to apply to this country; and
which, supposing it had, the Legislature had takes
no means to enable the Leiges legally to comply pith.
Sir F. M'NACIIITaN and Sir A. 131:1-Lan coinciding
in opinion with the Cum insricr. the Court adjusig.
ed the ship and cargo to b.: released.

THE EVENING STAR.

LONDON.

FRIDAY, SEPTEMBER 12, 1817.
PRICE OF STOCKS THIS DAY AT TWELVE O'CLOCK*
Reduced shut—Consols, 793 i—Do. for Oct Soil
per Cent. shut—Navy, 1031 106—India Bonds 6S 70 pre.
Bank Long Anna. shut—Exchequer BUN, 20s. to 255. pr.

A Flanders Mail has brought us this morning
Brussels Papers to the 9th instant. The most im-
portant of the extracts which we subjoin refers to the
action for libel instituted by the Duke of WELLING.
vow against the Brussels Journalist, in which his
GRAM has been cast with expenses. An Official
Article also follows on the arrest of Colonel Mxsser.
BACK—in answer' to the laboured vindication, of which,
it may only be asked, How can all the facts stated,
even though true, justify the forcible abduction of
Colonel MA330134.01 from a free and independent
city, against the laws of which he had apaamitted no
offence

GHENT, SEPTEMBER 7.
The action brought by his Grace the Duke cf
Wellington against Mr. De Busscher was decided
yesterday; and we announce with a sort of pride, that
the sentence, though foreseen by all sensible miudr,
has justified all hopes, and-given general sati►factia^.
This action, to which we take pleasure in believi^g
that the Noble Lord (who is placed so high in t..e
scale of human greatness) has not consented b•at in
'consequence of inconsiderate suggestions, h.is Pp-
pared trifling, and unworthy of the colossal piq
which his Grace plays on the great theatre of :Le
world. For the rest, our Readers will better app:e-
elate the merit of the cause by the terms of the sec-
tence. Meantime, till we can give them the tenterce
itself, we will venture to give them from memory, it
not the letter, at least the spirit of it.
The article in question does not impute to the Dukc
of Wellington any act which could repose him to a
criminal Or correctional action (pout-miter criminill co
correctionellet), to the contempt or the hatred of tFe
public. It is not said that his Grace knew that Dc•
bru had prevaricated in his functions as Goverwv cf
Martinique : supposing that his Grace desired, Ara
had even manifested this desire, to see the said Deb:a
continued in his functions, such a desire would ne-
cessarily hare been only the result of powerful
commendations, according to which the Govercor
had been represented to the Noble Lord under colours
very different from the article in question. 11 bs9
Grace has manifested such a desire, became Dam+

idmidsttrett the Colony in rimer of a roreiAn Go-
vernment, neither does this supposition attack tte
honour of the Noble Lord, becaus= one may very
well administer a colony in favour of foreigners,
without its following from this, that one administers
it ill ►n respect to the interest of the mother•country ;
that this is the more true, as it is of importance to
every Government to invite foreigners to its C.;lonics,
in order to favour commerce, tic.

The high deeds, the eminent qualities, and the
glory I f the Noble Duke, place him above the reach
t.' all suspicion of an action unworthy of him, his
rplendid reputation places him above all ambiguous
and equivocal allegations, &c. "In consequence.
the Court has declared his Grace the Duke of Wel-
ling's ccmplaint unfounded (non reervalle), and has
condemned him in the costs." As for M. de Buss.
cher, his demand of damages has been rejected, on
the told that the action brought against him can-
:lnt be considered as calumniatory, because the pl tin.
tiff has submitted to the decision of a Court of Jus-
tice, the meaning of an article inserted iu a public
Journal.