Star.
London, England, 1816-04-26 00:00:00

liarly

LAf.cAtt%.
On the Motion of M:. HORN 7.. It, enres
corre,princknce between tie fl
of .. ("` .0f1t1"01.
tLe F.ast India C,,topiny, on the stoijcct
for Ltscars and (viler A wde 0:t/nr,i
to be laid before the

Till:13, APRIL 23.

HASFIZE COURT or T t: UFTARTMENT or 1.117 SI*.INE.
1 TEIAL RELATIVE TO 'ME E.SCAet. • V LAI/ALM:L.

resident Pstris,-
mi
Jen.
4Tc1t1ir...,.!(1::: At:
Robert Thom',: Wi/r&n, horn at L'indt..n, av!,!, 99, a
4)!►lieleael !!ogle.,E:
Co' gl
21C, ni
aacedr2l;; iband ttnmiciliatcd nth.rne
Itli.;,):3fit.HGet.7/7uct; /iXinor.or2,l. a: native of Wexford, in Ire.
I land, aged cZ6, Captain of
giment of Guards of the 1-:Grenoaidtieirlsglianntd!;:relesstidßinega.
ng
neNdkAetsoy.Ks s3,ielzfr;egt
hitsoeegea
od.f.
ji;:tula,eAsuPrtiiatic,,rr,,eii,,e3oi;,tafh.riiteenhd.„Teit.;ylciseperiasamtil,te;),eruz,diep:ti,idey.:
Gocrin, alias Marengo,
; and Beneit Bonne-
cl:arg;ed ro,pectively with
havinty taken a p CZ, r.: ':e ()I leas di:Ler, in the escape
,•
which I:tracted in immense auilitory,
lishtrrn and E' iith larks, cst‘o)ri:l7. 'otrltel:ntuleen:edl 'Pe areetorloEf elevennthg
same name, so hotiontirithiy distinguished by his de.
fence of Louis VI. sat as'Presideut of the Court.
The other Judges war: Plais.nl do Chateau,
Delis vile, Decertiy, Dtv,.,aty, Deni.tz-fury.
M. Hu.t, the A...lv•!cite General, was charged with
the tunctiuns of p.:blic Frosecntor. The jury con.
isisted of Trou.:leL,rt, Lemit, The.
Guidon alt: Edcn,
Kmceray, Cutterriu. Tim accused
were introduced, and on (ttiffrent benches ac.
-cording to the na..itre of the eiLrent charges againr
them. Geirral was its nand undone, and
ornamented with br•!Vant decorations of seven or-
ord;:rs or dith-rent states uf Elimpe, one of
ivhiel was the granit cordon or the KWhi,Cl UrJ,tr of
St. Anne. Capt. lititcYcson wore the uniform and
detorafions of his rank;
At 11 o'clnc::, M. i)77•Air:, jnn. t!4! President of
the C•airt,:tpened the S :Ong in these ternit;—" The'
Court is stung to sobrii:t to the investigation of the
jut y several acetised persons, French and F-reigners,
in a cause whlca.nis 1,4- a long time fixed the publi:
attention. The Court. is convinced-that the ,mans
admitted to this Assen.hly will not iii any way dis-
turb the public tranquillity : that they will fur,trve
that religious silence which is due to the pres-eace of
iaw and of justice.
The accused being cilled upon to give thir
names,. sui•n trris, and qualities, gave their desciip.
,i.,ns .ss before mem ioavd. M. Ilriice said with energyi
I am an En;!lish citizen.
The PItr,IDENT thot oh etved, that although the
three Englishmen relied npcn he cornet knowledge
which they apt eared to hive ,:t the French langaage.
and did not ask fur an interpreter, yet the law of
France, always a law of protecti:in, vitH that the
accused should not be chjnived of idny sc a ins sit feel.
litating their jits:ification, even %sit:a otrlairned; the
Court thereli re ironed to that office M. John Robert,
who accordingly to'.k the mint oath.
Mr. BRUCE (speeding fide French langunge)...." Gen-
tlemen of the Bench, and Gentlatnen of the Jury, I
have a declaration to make to you, in the name of
myself and my two country min. Although we have
submitted ourselves to the French law, in conse-
quence, of the accusation against us, we have twvvr
lost the privile.te of invoking the law of nations,—.
Reciprocity among nations is the East article of a:l
treaties; and as in Ens;land Fret ch col:nits have the
right of detnand'ng a Jury composed half of English.
men and half of fc.reLrers, it ameared to us that the
same right could not he rerii..,eci to us in France.--,
With this view, we submitted .n erni.,ent lawyereol,
our own nation several questions, the solution a
which might justify the rtrit of which we speak.--
Strenghened by their decisism. we should have r.
justified in demanding the favota of a Jury 1141
French and hall rngli>h : but, Gentlemen, from; ag,
justice which hi's been rendered us by t!,eCharats.l
Accusation, (in acquitting us of any plot againsttil
the
tranquillity of Europe, and particularly
French Government) we have determined 10,
nounce our right. We, therefore, abastdoa ourself°
fully, and without reserve, to the honour and coe:
science of a Jury entirety composed of Frenchrneao..
we do not even make the least challenge. lf, ei
withstanding, We think it necessary to make a s
inotice tng
declaration, it is to express that we only rei
to
against
ft
1
right as far as we are personally concerned, 31!
CIO CaW
men who may hereafter
against those of our country
prevent any precedent bein.g. drawn from
faith whereof we 1130
bpereiiiu:
dtliicee name srititgiahttiso.n.
InW e cannot and will nit
signed our present declaration."
M. Duels ( Advocate icr the Englishmen).
!le
ilhteecCorodur?
•
M. fin;, Advocate Gineral.—Tlos declargio
t be pleased to enter this Declaration na
offm,c'cc,rareittt:d frail..e, priv
calculated to astonish ? To claim in Fireag.;c:i;,ils:::.l

_
was torn"
longs excl
pers. th•ert
slis.
be *fin
TC
tl.e folk"
c unmitec
and berai
pri.oners
criminal
is nn gra
English
the Court
Here t
lion dray
The rea
these pie
the excel
purports
Wilson't
scmble t
be was

commis!
He had
he had
the rcpr
asks ad'
oni!ed
su
He ha(
Fel ire,
scribed,
The
of the i
on the
lady tr
r rrisone

for an
of Acc
the ch.l
gOVCIrn
facts t
shoul•.l
deuce.
mint IA
Of the
are, It,
society

foreigi
it kw),

info

this

pal
wh

did
shc
ha

spi
obl

Ye

;Iv

Ueda TAO
as. of OCi
be now is urged
encoe. the. el"
ancient cord.
i to the
.-,,,M. Dart
int,inco
't they sitioe of ;
tillunrertdibosataelgtnerhetlctet. le:
ner
Ig:ha:tier as cdt
ti.i2io.rilli
ntry.—. rn to the
nto iris twelve'
ti ntr 3:- ght WhiL7ll
at of ;;"1
wire ~! i a free n
the :c*, , M. the
nbtrit to 1
I thel did
t is thi% 1
4,,notir an
s^f 2" , IC:ittS YOll
PI msd ' übmitted
!'t!lnn tiarlV belf

f
f

Leesione, is to wet at itetight the 51'h prin.
"Col social order ; the form in which the pretett-
'n ;surged does not at all change Its nature. We op.
,se the. entering this Protest or Declatation on the

,ecord.
Duptx ,the Advocate of the. Englishmen)
lintained that no French Jaw praibited the corrt-
,ition of a Jury half of Frenchmen and half of ro-
tors. It 'was a questton entirely new, , which
be discus.ted, a ;they,
might or iht not be
night fairly'ed gAnst the accused however, renounce
aid
he discussion, but in renouncing it they wish their
leclaration to be recorded. They will one day re-,
at to their country, and they do not wish to expose
hemseleeF to the reproach of having sacrificed the
ight which eminently belongs to an English citizen—
lot of maintaining, even in chains, the prerogatives

a free man.
Id. the Avvocare GENERAL.—.TO say that they
nbinit to be tried by the French law, is to say, that
obey did not submit, the trial could not take place.
It is this pretension which I repel for the national
onear and interest. It matters little whether in your
beans ynn submit to the French legislation : you are
obtained to it by necessity. Crime is a thiing
yarly belenging to local jurisdiction. The offence
les committed in Frince : the prosecution of it be-
hests exclusively tó the French law : English prise.
an therefore, stand On your defence I —(Acensis
slefente lama.
Toe Ca u' r, after, short deliberation, pronounced
tie following decision r=-4. Because every offence
(omitted in a territory is an object of jueiatte:ino,
and beranse tlte exception demanded by the English
ri:nners is not allowed by nay construction of the
(minal code of Ftance, the Court declares that there
no ground for Cie recording, at the request of the
Delish prisenets, the declaration now made by them:
the Court, therefore, orders the trial to proceed."
Here the Clerk read the arret of the act of accusa-
tion drawn up by the Procureur-General Bellart
Tne reading lasted more than two hours.—(Both
these pieties have already appeared in THE STAR, with
the exception of one passage, which is as follows, and
purports to be an account of an extract in Sir Robert
Wilson's letter to Lord . Grey He does not dis-
semble the unpleasant consequences of his enterprise :
he was not ambitieui to' be imprisoned, or to lose his
commission : but he was resigned on both points.—
He had conceived the idea of communicating what
be had done to a great personage, •in order to avoid
the reproach of .a clandestine conspiracy : he even
asks advice on this subject, He appears to have Sac-
mined information of great importahce, but waits
in a sure conveyance to send it to his correspondent.
He had learned, by the confidents of the Duke of
Fehre, that Soult was on the first list of the pro.
scribed, and had written to apprise him of it."]
The Anvocaez GENERAL retraced rapidly ti.e fac.s
of the indictment, and fixed the attention of the jury
on the principal points : he Applied bimstlf pat ocu-
larly to the distinction in the cases of the different
- inseam. Some have to answer for a crime : others
loran ofts:nce only. He remarked that the Chaniber
of Accusation had remi:ted to Me three Englishmen
the charge of having conspired against the legitimate
government of France. I now leave (saki hi-) the
facts to d;velope themselves : it is right that yoti
hold receive your fist impressions from the eel-
Limo. You will observe with .coolness, and deter-
mine with uootliess. I need not veil you, gentlemen
of the Jury, that justice, whose impass:ve organ you
are, has no regard to the distincti estahatied in
society : weak or posscr:ul, rich or poor, natives or
foreigners, in all tie accused justice sees only men :
it khows nothing of their quality, it wishes to know
their actions : hat what more can I add to the dignie
lii sentiments which yob entertain for your functions:
When the question concerns equity, justice, honour,
I need use no further recommendation to a French
jury. Madame de Lavalette, the young lady her
dattOter, and their old ' female domestic, have not
liczn suinmone I here as witnesses at the request of the
ptibiic prosecutor, but of the prisoner Elerle : there-
fere they will not be heard till after the charges are
gone through.
The PRESIDENT here successively interrogated elte
accused : their answers referred to the details already
given in the indictment.
We pass over in silence the long interrogatories of
Eberle, and the debate which they gave rise to be-
tween him and Kerguidec, as no new fact resulted
horn them. Eberle still appeared to labour under
the most unfavourable presumptions, while the keeper
of the prison was only so tar culpable, that he had
omitted some precautions which he did not think ne-
cessary, and had shown sensibility when he should
have shown only vigilauce. Tears dimmed his sight
a gaoler should never weep.
the PRESIDENT made the following observation-
- to the gaoler On the 20th of December, being
informed by one of the Advocates-General that the
execution of the convict Lavalette was to take place
next day, you went to consult M. the Count Angles,
Prefect of Police. You said to him, s Madame La-
valette is in the prison : must I tear her from the
arms of her husband ?' M. the Count Angles said to
Po, ' I give you no advice ; see your superiors: it
h for you to know what are the duties of your situa.
trio, You are a man : but you are a gaoler.' Ido
not say, added the President, what-you might to have
done : but at least you should have redoubled your
vigilance."
The President then addressed himself to M. Bruce :
Q. How long have you been in France ?—About
thirteen months.
Q. You remained Eere during the stay of Bona-
parte?..—Yes, I left Paris a' '0 hours after Bonaparte,
when he went w take the command of the army. I
did not think it right that an English gentleman
should remain in a country which had commenced
hostilities against his own.
2. It appears that you returned to Paris, and were
here on the 28th of June ?—lt was because Marshal
Sachet, who commanded that part of the frontier
Which I wished to pass, refused to let me pass, in
spite of a letter which I wrote to him, and I was
Obliged to return to Paris.
I_9. You wrote also to Madame the Duchess of Sr.
whom you called Zmperial Highness, although
rut Government had never recognised Bonaparte as
?—lt was true I wrote such a letter ; I gave
ms that tide, because it was the one she bore.
Q. You were connected with several persons in the
DuiVite, confidence of Bonaparte, particularly the
of Vicenza?—lt is Uue; but Ido not SCE what

, • •
r 1
relation tbestilitest'ens bare to.the affair of Lavalette.
It is not for the accused to judge of the merit
or of the object of the questions addressed to hits' :
the-President has a discretionary power of putting
What qiiestions he thihks proper. Was there not found
at your house the original of the answer of the Duke
'of Wellington to Marshal Ney. You took a very
lively interest in Marshal Ney ?—Yes a very lively
;Merest : I do not blush to own it. 'The most lively
interest during his trial.
Q. Was it to you that the first overture was made
of the plan of transporting Lavalette out of France,
and of the plan rat concealment ?—There was no ques-
tion. of concealment, for that was no longer possible.
[The PRE•IDENT explained the judiciary sense of
the word recite. It was, to shelter a man from pro-
secution, to withdraw him from the power of the law,
by concealing him, either for a short or along time.]
The accused. hi re recounted the manner in which
he. had been tnystesiously solicited to co operate in
the Right of Lavalette from Paris. H possible, said
he, I would have diktat his escape by myself alone,
tot I could not repulse A man who had put his life
into my hands. 1, however, obtained his c mrsent to
conf•ide his 'secret to one of my friends. I spoke to
one Itiend, who gave me a charge to another. I will
not name these it tends ; they se name themselves.
Q: It was you who received Lavalette at the house
of Captain Hutchinson ?—I received him when he
was conducted to the house of that person whom r
I have not named.
[Hutchinson, 'ho was close to Bruce, bade *slim
name him.]
PItESIDENT.—This discretion is very uselesc, for
Messrs. Hutchinson and Wilson have denied nothing,
.IS you know by the publiCation of those pieces which
have been circulatedin a manner so contrary to our
practice. You know that Lavalette passed the night
at the House of Captain Hutchinson, and that Hutch-
inson does not deny it.
Bauer..—lt was not myself who engaged Hutchin-
son, who authorizes me to pronounce his name, to re-
ceive M.. de Lavalette.
General WlLsnm (rising).—lt was I.
The PRESIDENT to M. Bruce —Thet;!. was found at
the house of M. Wilson a memorandum of an ex-
pense of two hundred francs eccasioned by Lava-
lette's jontney.
M. WILSON.—M. Bruce paid t';is sum, and sent
MC the memorandum at my request.
The PRESIDENT then interrogated M. Hittchinsolin,
who agreed to all the facts that concerned him. It
' was at his home that Lavalette slept on the night
from the 7th to the Bth of. I.innary. There is no
trace of the retteet of Lavalette between this period
and the 20th of December preceding.
Q (To Hutchinson)—You escorted Lavalette ?
es, on horseback.
O. You wished, no doubt, to serve your friends ?
--got so I was actuatA by a sentiment of hu-

manlty.
Q. But you did not take a partictilar interest —an
interest of the heart, in this projtct, because Jilt gave
.a inemorandurn of your expensis to General Wilson
—I did SO, being desired to do so:s but I neverthe-
less wok great interest in Lavalette.
The l'iiesioesT to General Wiis,in.—Did you know
Lavalette before his escape ?—Never.
Q. You Logan to serve in Egypt ?",--Nu : I began
service in Flanders.
Q. But you have served in Egypt?—Yes, Si'.
s 2. You have spread through Eilrope, by a cele-
braLed work, violent susp;eions apinst the morality
of certain agents of Bonaparte in Egypt :—lt is true :
I said that which I be.ieved tube tr uth.
Tice accused here declared that it was himself alone
who made all the di-spositions. and took all the mea•
sutes for the escape of Lavalette ; he confirmed all
the facts related in the act of accusation ; he added,
that Lavalette was dressed in an English uniform
covered with an English great coat, and mounted
with a hat of the English form. Bruce here laid
hold of the military cap of Hittc:luson, and sheaved
it to the President, saying it was such as that.
Q. (To Wilson)—You knew that Lay:date was
condemned to death by a Jury ?—Yes, certainly ; it
was his condemnation that render.d my assistance
necessary.
Q. You know the crime for which he was con-
demned, for having suppressed the Procl.imetions of
the King, fur having on the '2oth of March put him-
self in correspondence with the usurper, and :or hav-
ing co-operaied in the return of Bonaparte ?—We are
not agreed as to his crime. I believe that Bonaparte
undertook this enterprise without any connection in
France.
Q. It is not my business to institute a political con- 1
troversy. Lavalette was condemned for having vio=
lently seized a public authority ; foe having corres-
ponded with Bonaparte, and stopped the King's pro.
clamations ; and fur having deceived the inhabitants
of France as to the trut situation of Paris ?—Much
less of politics than of humanity entered into my con-
duct. Brace, in speaking to me about Lavalette; ad-
dressed himself to my heart. I dare flatter myself
that his hope and confidence in me have not been de-
ceived. Sir Robert declared further, that Mr.'Hutch.
inion did nothing but by his influence, and that, in
what he then did, he was guided by no political feel-
ing whatsoever, but only by motives of humanity.
, Having said this, he sat down.
The Court then proceeded to the examination of
witnesses. The f-rst person implicated by their de.
positions was Eberle, the head turnkey = and the fol-
lowing facts were Roved against him:
Monsieur Roquette, junior, the gaoler, Bodiscao
the keeper, and several turnkeys, confirita the cir-
cumstances detailed in the indictment, and which
particularly inculpated Eberle. It seemed to. reselt
from the whole of these depositions, that Eberle had
left opbn all the doors between the Chamber of Lava.
tette and the great wicket in the first part of the pri-
son ; that at the moment when the bell rang, and
he went up to the chamber to receive the order to
bid the chairman be ready, the disguise was already
completed. It is difficult to admit that he did not
perceive it. Instead of obeying the order'whiCh lto.
queue, jun. gave him to run immediately atter the
chair, he directly came back to the prison, and went,
with ridiculous precaution to shut in Madame Lava.
lette, saying, she at least should not come out with-
out good orders : and while the Minister of Polite
was interrogating the gaoler on the circumstances of
the 'escape, Eberle said it was very easy to distill-
visit Madame de Lavalette from her husband.-r•
There was half a bead difference between the"

-.--.-- - - ,
Why, asked oquette," did you. not nuke that re-
Mark when it might have been useful? Oh! marry!
answered Eberle, my principal was there, and I had
nothing to say. ,
Almost the whole defence of this culprit. was con•
fined to giving the lie to the witnesses, and to repeat,
" it is a falsehood : within", can be more false."
It is proper for that interesting class of poor citi.
aeons who have no other means of existence except
hard and daily labour, to preserve • with care the des
position of Brigaud, a working mason.
Guerin, called Marengo, the usual chairman of
Madame Lavalette, proposed to him to take the place
of his tomiade, who probably was not aale to aid
him that day. Brigaud copsented, and after seve-
ral journiee carried tladame Lavalette to the Con.
ciergerie, and waited for her with 'Guerin at the
guard-house of the gendarmerie : a little before the
coming out from the prison, Bencit Lonneville comes
and offers him a glass of wine, and says to him—
" You will have perhaps a little greater weight than at
coming, but you must go with speed ; there are 2.;
1 louis to be earned."—" Twenty.five louii," says Bri-
Faud ; " what is to be done for that ? Such a sun.
is not offered without a cause : I am an honest man ;
hive a wife and children; I will not brine them into
trouble."—" Yoe are then a 'Cone brine
the worst
ttrins in the French langtiage]: money should be
e :reed when it can."--4, lam a poor man, bet Ido
1
I not rr:sh to gain my subsistence except by honest la-
i hour. '•••••44 Bab !" said the other ; " What do you risk
w; en Monsieur tells you there is no danger ? Come,
1:: ess)Fia,!' said. he, " leave all this stuff; come along
I with me: some mi,chief will happen to you : I am
Igt then gstrhaopmwe hei'thanhde wnsiethd ttiolastuhpepothrtrethwedc,h)%avinr.the lea.
He returned home, and acquainted his wife with
the offer which had been made t 6 him, and with his
refusal. You have done well, said she. The next
day he learned that she chairmen were imprisoned—
that Lavalette had escaped : Oh I I have done well,
said he.
The witness chewed a great deal of emotion, and
even shed tears et the necessity of inculpating his
comrade Guerin.
We preserve as much as we can the tone of frank-
ness and nature which the witness exhibited in his de-
position. Gentleman, he said, weeping, do not be
I offended with me it I did not give information at the
Itime : I was beside myself.
Marengo, coetinued Brigaud, brought me the
wages for my job, aill said to me, you were wrong
in leaving us : it was on: what you th'iugle:: the
chair was stopt on the qn !.7, and it i:44 miss who was
within. However, if you are examined, you have no
occasias to say that money was OS red to you. " Hear
• n,e, answered I, I ah tndoned the job yesterday :
do'nt implicate me, or I sh.r." tell :he truth." .
From 311 this it apre:ited th.it this Brigand was an
honest fellow ; and. the President, on dismissing him,
addressed,. to him the following flittering words :
" You have given a ;;:eat example of honesty : you
I have`proved by your conduct that loaour and pro-
bity are to be found in the lowest classes—continue
this conduct—maintain , our vrifir and briag up yam
chilsiren iti these honourable principles, and believe
that, soon or late, ever, irs this work!, virtue finds its
recompens...."
The evidence fur the • prosecution being gene
11:reealis the viuiesses for the del.enc:r were called.
Tite viafc of 2.r gars repeats i. p-irt: of the decal::
I given by her husband.
Guerin and Bilmit Bonneville oppose to this double
declaration an absolute dela il.
N. B. It de,erves to iro remarked, that the deser-
tion 'of Brigand having compelled the valet-dc.
chambre to seek speedily for another chairman, La-
valette remained tour minutes' in the sedan-chair at.
the very gate of !tie Conciergerie—they must have
appeared to him very long ones.
After some other wan ssA, whose testimony was
quite insignificant, Mad true I.avalette was iotrodne
eel. Her .entranct, was announced by a murmur,
expressive of the interest and curiosity of the audience.
When she appeared, Wilson, II utchinson, and Bruce,
saluted her will a profound bow.
The emotion and mental distress of Madame La-
valette were so pleat, that, when interrogated, she
could scarcely articulate her own name ; and when
asked her age, she replied, " 27, I believe."
After having cellected her ideas for some moments
she said—" Ihe (listless which I feel does not pro-
ceed from any fear, but from a kind of alarrn on see-
ing myself before a tribunal, and amidst so large an
• audience."
The PRESIDENt.—Madame, it is not public justice
which has summoned you here ; it is some of the
accused who have invoked your testimony.
Madame LAVALETTE.—i declare that the persons
who have called me, contributed in no respect to the
escape of M. Lavalette: no one was in my confi-
dence ; I alone did the whole.
Some details wera asked of her as to certain cir-
cumstances which, though minute in appearance,
might throw light on several facts of the accusation.
^She replied, that she did not recollect them, and as-
signed for her defect of memory an excuse winch will
be easily admitted :•••f4 At that moment, (she said)
I was too much occupied with the execution of my
plan to pay attention ta what was passing around me."
M. CLAVKAU, Eberle's,Counsel, requested her to
fix precisely the moment of the disguise ; and to state
whether it was already executed when Eberle came
to receive his last orders ?
Madame Lavalette, who was unaware of the con-
sequences of her answer, said —" at that moment the
disguise was completed, because M. Lavalette had
'.got offs"
The Paramiter.—l will put ta Madame only one
question. Have you ever known or seen these Geri:
tlemen (the English), or any one of them ?
' They immediately rose, and Madame Lavalette,
'after having looked at them for a moment, declared,
that she had never known nor before. seen them.
Mademoiselle Lavalette was then introduced : as
she was not. quite 14, the administering the oath to
her was dispensed with. She answered to the first
questions in so feeble a voice, and her embarrassment
•ppeared so painful, that the President, atter asking
the consent of the prisoners, signified that she might
withdraw.
The Court rose at half-past five, and was adjourned
till to-morrow, at nine. • M. Claveau is Counsel lot
Eberle4 M. Moque, for the gaoler -Roquette ; .M.
Menguin, for Bonneville; and 11. Wpm,• for the
dim tnglishmen.