The Sun. — 1838-11-26 (London, England)

TRIAL OF BELABRE, THE SENTINEL.  The trial of Belabre, for shooting the man Fohr at the gate of thre Tuileries, came on before the Second. Court yesterday at eleven o'clock. On the table of the Court were placed the musket of the prisoner, and the bullet by which Fohr was killed, and which was much fllttened. The regiAyar read Ahe act of accusation, imp 4 Belabre the crime of voluntary homicide while on ty as a sentinel, and afterwards the deposition of Belabre, the prisoner, which stated, that about half-past ten in the night of the 14th inst., while on duty within the garden of the Tuileries, a man came near him on the other side of the railing in the street, and proposed to him to drink. On his refusing the man used excessively abusive language, and at length made signs as if he would attempt to climb over. He desired him to go away five or six times, but the man did not do as he was desired, and at length, on his attempting to scale the railings, believing him to be armed, he fired. Corporal Aribaud, who had stationed Belabre, told him he was to fire if any one attempted to climb over the railing into the garden, which order he received from the officer on duty at the guard-house in the Place des Pyramides.  Belabre was then called in, and interrogated by the President. He is a middle-sized man, with the complexion and manners of a farmer's labourer, who had been much exposed to the sun in the fields, and gave his answers in a broad southern accent. He repeated almost verbatim the facts stated in his previous examination, and persisted in stating that the deceased made attempts to get over the railing, and appeared to be armed. He did not call to any other sentry, because there was none within hearing. M. Bureau, a college tutor, declared that he was coming along the Rue de Rivoli at the time of the accident ; be heard the deceased using violent and exceedingly gross language to the sentinel, and saw him make an attempt to climb the rails.  Colonel Castres, Military Commandant of the Tuileries, was examined as to the nature of the orders given to the sentinels. The witness handed a copy of the order always posted up at the Tuileries for the last seven years. He stated that there vs ere no verbal orders for the sentinels. His devotedness to the Royal family and the Revolution of July was, he said, well known, but if his Majesty's person were threatened, he would issue written and not verbal orders, which might afterwards be disavowed or perverted. Belabre, on being referred to by the President, stated that he re-charged his musket, because he feared he might be attacked by others..  Captain Dimay, Adjutant of the Tuileries, deposed that he spoke to Belabre five minutes after the occurrence, and found him quite convinced that he had done nothing but his duty.  Aribaud, the corporal who posted BeLibre, on being asked what orders he gave, said that the corporal at the post of the Place des Pyramides delivered to him the order, that if any one attempted to get over the rails into the garden, the sentinels were to be told to repel them with the bayonet, and in case of persistence, to fire upon him. The Court retired at half-past two, and after a few minutes' absence returned into the Hall of Audience to deliver its sentence, which was read by the President to the following effect :  On the first count, whether the prisoner is guilty of voluntary homicide ?—No : by a majority of votes. On the second count, whether he is guilty of involuntary homicide by imprudence ?—No : by a majority of five votes to one.  The prisoner was therofore ordered to be set at liberty, and sent back to his regiment to continue his service. More than 1;200 persons were stationed outside the Court during the trial, anxious to know its result.