The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-05-15

tIOrtOu, anu 10 OcCouic dt same tliuc DOtn
iudgc aud executioner.
NJ Boee observed that the position of Raw
mond is different from that of narsaud. Mean
while said he, the same passions, the same Gu
pidity directed him. II, is evident that the fore.
ed constraint which he pleads is not genuine
Although piiOtin, he occupied station on board
sufficiently important. He needed not 10 irem-
bic before Marsaud who was disarmed, whilst he
himself had pistols it was his duty, after the
Captain had been his benelactor, to serve in his
defence. He has fired upon the boatswain; he
has barricaded the door of the Lieutenant's
state-room; there has been therfore on his part,
participation and necessarily co-action. The
consent and concurrence of Raymond are also
proved BY the facts which followed: the taking
possession OF the effects of Morpain, taking pos
sion of the title of Lieutenant. and how many
other circumstances declare his intentional par
ticpaton He ate with Marsaud, he cuts away
the mast, he creates the leak he alters the role
he sells. he divides, he aids Marsaud in all pll-
ces. Like him he has mistress whom he in
troduces thievishy on board. He lends him
assistance in all his movements against the Vice
Consul, and like Marsaud he attaches himself
to a foreign land without intention TO return.
Nevertheless, his age, his previous char
acter, his confessions establish between Mar
saud aud himself an enormous difference,
and we regret bitterly that we cannot find
in the punishment To be applied an equal
distinction. But we are unable indeed, to
admit extenuating circumstances in his fa-
vor; legislation, and Jurisprudence refuse
this right to the maratime tribunals. One
superior power only can be invoked, and i,
must be that which can 0rdain more lust
application of punishment.
Here NJ. Boelle drew to his conclusion,
that Mnrsand and Raymond ought To be de-
clared guilty, the first ms principal, the Sec
ond as accessory, and that they should both
be condemned To the punishment of death.
lie demands that the execution may take
place on the place du Chateau, at Brest,
and reserves all further prosecutions against
the other actors or confederates of the
crimes committed aboard the Alexander.
Ia hearing these terrible conclusions,
Marsaud rolls his handkerchief in his hands
and looks towards the earth. Raymond is
filled with Consideration and appears given
up to violent grief; they both keep sullen
sileqcc.
NJ. Dciu expresses himself nearly in these
terms:
" Death Gentlemen, it is death whicI, is
demanded. II is death which they make
upon these two devoted heads. Death -
this word disturbs and confrunds all my
ideas; it paralysis my defence al, ,nter-
rupts the exercise of my faculties; it oh
scures my intelligence. la the Circuit
Court this word is not pronounced, but nf-
ter condemnation here it is thrown in the
very face Of the criminal, and they take a.
way from his counsel every means of de-
fence.
You will comprehend, Gentlemen, how
extremely difficult and painful my position
is. 1t has been declared in the advanc,
that Marsaud. is n wretch, au assassin
Yes, they have condemned him before hand
and where are The proofs of his guilt !
Marsaud has kept his word until the
last moment, he has been betrayed by
those who ARE endeavoring to throw upon
him all the responsibility of their own acts
Marsnud has not told the truth but be-
fore his judges.
at is n painful task which devolves up
on mr. Never was there more heavy ac-
cusation; and what do you see here for
the foundations of conviction Ia child and
an old man All the accused ought TO have
been presented here, and the truly guilty
selected from among them for there were
three men, hideous in this affair, Gordon
whose name alone expresses the idea Of as
snssination, Audrrzet Lagardere +! what n
horrible trinmyira,c How could Marsaud
have resisted such men, when he had been
declared to be II wretch, an indolent fellow
In a warm, CT tempOre debate NJ. Dein
discusses afterwards, the testimony given
against his client. He does not think the
depositons entitled to credit, which, to him
appear to have been previously concerted.
He presents Marsaud rs having yielded to
the terror which they had inspired into
him. The bloody hand OF The assassin was
always pressing upon his shoulder. Bailv
and Raymnnd have combined for Mar
saud's destruction, and what faith can be
given to the declaration of a Child of l3
years, who, according to the Vice-Consul
has lied thonsand times aud behold this
Is the principal witness of the accusation
he lied at Newport, he lied again to-day
lie has repeated one lesson some one re-
marked this in hearing him give his les,l-
mony does it not seem to you that he !:
telling his bendsl
The counsel for the defendant exclnim:
with force against uniform depositions
when the uitnesses do not offer all the gar
antics desirable, when among them are
found the eo-aocused or aceomplices. II i.
necessary to repeat often the testimony horne
by a single witness in order to establish a
charge against an unfortunate man. Ii il
in consequence of this error, that the jour
nal L'Amoriedin has represented Marsaud
rs alone guilty.
N. Den deplores the fatality which at
taches itself To his client, and deprives him
Of the means of proving hrs innocence
One witness has refused 10 come to declare
the truth in Justice, and he would speak for