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flattered by a communication of peal is maintained against the orthe motives for such a proceeding donnance on the legal arguenti against the individuals in ques. that the title of the accusation intion. The Duke, on the same dicated only cosrectional and not day, not as an answer, wrote a criminal penalties, and therefore note to Sir Charles Stuart. en. did not exclude bail. Of this no clusing a letter froin the minister notice was taken. They afterof police, which stated that Sir R. waru's made an application for the Wilson, Mr. Bruce, and another communication to their counsel of person, were accused of having the papeis connected with the favoured the escape of Lavalette ; trial, which was refused in conailding, that their trial was going formity with the law; and thcy to commence, but that they would were transferred to the Concier. fully enjoy all the facilities af- gerie. forded by the French laws for The result of the examinations their justification.
and inquiries was, that the TriOn that and four subsequent bunal of First Instance charged days Sir Robert Wilson was sub- Wilson with a plot directed genemitted to interrogatories from rally against the political system of commissioners of the police, Europe, with the particular ob. which he refused to answer, and ject of changing the French goon the 17th he was removed to vernment, and exciting the people the prison of la Force. Interro- to take up arms against the gatories were also put to Messrs. king's authority; also with effectBruce and Hutchinson, who were ing the escape of Lavalette. removed to the same prison. In Hutchinson and Bruce were chargthe subsequent examinations, the ed only with being his accomplices share taken by these gentlemen in the latter action. The Court, enin the escape of Lavalette from titled the Chamber of Accusation, France was freely admitted, as after its deliberations, published indeed it was rendered undeni. an arret, in which it was declared able by Sir R. Wilson's intercep- that upon due consideration of the ted letter to Lord Grey; but the documents produced, it not apcharge of conspiring against the pearing that sufficient evidence French government, which was existed against the three persons deduced from expressions in this accused, of a plot against the letter and other seized papers, was French government and the royal strenuously disavowed and refu- authority, there was no ground of ted
accusation in that respect; but The prisoners having demand- that there resulted from the docued to be released on bail, an ordon- ments a sufficient charge of 1 heir nance of the chamber of council being accessary to the concealwas made on January 30th, ment and escape of Lavalette. In which pronounced that there was consequence, the chamber comno ground at present for deter- mitted to the Court of Assize of the niining upon the said demand. Department of the Seine the trial This produced a memorial from of the prisoners for these offences. these gentlemen, in which an ap. Some Frenchmen were implica
ted in the same charge; but their of demanding a jury composed of trial does not belong to the pre- half foreigners, it appeared to gent narrative. It may, however, them that the same right, or fabe remarked, that the wife of La- vour, could not be refused to them valette was entirely discharged in France. The decision of sefro.n prosecution.
veral eminent lawyers of their The Assize Court sat on April own nation had strengthened 29, when the trial of the three them in this opinion ; but the English prisoners, which attracted justice which had been rendered a very numerous auditory, among them by the Chamber of Accusawhom were many English gen- tion, in acquitting them of one tlemen and ladies,
commenced at charge, had determined them to eleven o'clock. The president renounce this right, and they was M. Romain de Seze, son of abandoned themselves without rethe person honourably distinguish- serve to a jury entirely composed eil by his defence of Louis XVI. of Frenchmen. That, however, M. Hua, advocate-general, acted no precedent might be drawn as public prosecutor. The advo- from their case against such of cite for the prisoners was M. Du their countrymen who might herepin. Sir R. Wilson appeared in after be in the same situation, grand uniform, decorated with they had made a special declaraseven or eight orders of different tion of the purpose of their reEuropean States, one of which nunciation. was the cordon of the Russian or- M. Dupin moving the court der of St. Anne. Capt. Hutchin- that this declaration might be enson wore the uniform of his mi- tered on the record, the Advocatelitary rank. When the accused general expressed his astonishwere called upon to give their ment at a claiın in France, for an names and qualities, Mr. Bruce offence committed in France, of said with energy, “ I am an Eng- the privileges of a foreign legislish citizen." The president ob- lature, and opposed entering the served, that though relying on declaration. After sime arguing their correct knowlerge of the on the subject, the court proFrench language, they did not nounced the following decision : ask for an interpreter, yet the “Because every offence commitliw of France willed that the ac- ted in a territory is an object of cused should not be deprived of jurisdiction, and because the exanv means of facilitating their ception demanded by the prisonj istification, even when unclaim- ers is not allowed by any conel; M. Robert was accordingly struction of the criminal code of armed and sworn to that ofice. France, the court declares that
Mr. Bruce, speaking in French, there is no ground for recording, then said, that although he and at the request of the English his countrymen had submitted to prisoners, the declaration now the law of France, they had not made by them ; the court therelost he privilege of invoking the fore orders the trial to proceed." law of nations. Its principle was The arret of the act of accusareciprocity; and as in England tion drawn up by the procureur. French culprits enjoyed the right general was then read, which
took up more than two hours. she was scarcely able to articu• The Advocatc-general then briefly late; at length, being told by the recapitulated the facts in the in- president that she was summoned dictment, distinguishing them as only on account of some of the they applied to the different pri- accused, who had invoked her soners; and remarked that the testimony, she said, I declare chamber had remitted to the three that the persons who have called Englishmen the charge of having me contributed in no respect to conspired against the legitimate the escape of M. Lavalette (meangovernment of France. After the ing from prison) : no one was in interrogatories of some of the my confidence; I alone did the other prisoners, the president ad- whole.” Being desired to say dressed himself to Mr. Bruce. whether she had ever To the question, whether it was known the English gentlemen, not to him that the first overture she looked at them for a moment, was made of the plan of trans- and declared that she had never porting Lavalette out of France; known nor before seen them. he replied, “ If possible I would After the examination of the have effected his
witnesses, the advocate-general for I could not repulse a man made his address to the court. who had put his life into my When he canie to the agency of hands. I, however, obtained his the three Englishmen in the consent to confide his secret to offence which was the subject of one of my friends. I spoke to the trial, he particularly directed one friend, who gave me a charge the attention of his auditors to to another. I will not
the point of the asylum given to these friends; they wil
the culprit before his departure themselves.” Captain Yutchin- from Paris, and that given upon son then declared it was himself the road, in a house at Comwho received Lavalette at his peigne, which, in the language house previously to his escape, of the laws, constituted what is and escorted him on horseback ; called a recelé. The simple fact, and Sir R. Wilson took upon him- said he, of concealing a self the whole measures adopted demned criminal is of itself a for his escape, and acknowledged crime: and he quoted Blackstone all the facts related in the act of to shew that it is regarded as accusation. This open confession such not less in England than in rendered superfluous with res- France. This authority, howpect to them the testimony of any ever, he cited only in the chawitnesses; the appearance of racter of written reason, for it Madame Lavalette was, however, was sufficiently understood that too interesting to be passed over. there are no other laws in exerAt her entrance a general mur- cise regarding crimes committed mur of feeling or curiosity was in France, than French laws. On heard, and the three gentlemen this idea he somewhat enlarged saluted her with a prořound bow. by way of stricture upon Sir R, Overpowered by her emotions, Wilson's reference to the judicial
forms of England. Touching hence the law speaks of conceabupon the head of accusation, bying or causing to be concealed. which the three culprits were He who procures the asylum, charged with being accomplices who has made arrangements for in concealing Lavalette knowing procuring it, who facilitates his that he was condemned to die, entrance into it, are all abettors and as a consequence, that they and accomplices in this species of facilitated and consummated his crime. The advocate-general then escape, he said, he must here anti- applied these principles to the cipate a dispute about words. It facts acknowledged by the three would be alleged, that the escape prisoners, and endeavoured to inwas the act of issuing from clude them all equally in ihe crime prison, which was consummated of concealment, ne recelé), which when he was on the outside of was the essence of tive accusation. the gates; wherefore it was false On a sub-equent audience, to charge them with facilitating April 24th, M. Dupin opened his and consummating a thing al- defence of the English gentlemen. ready done. But the fact con- In the exordium, taking notice stituting the crime was the con- of Sir R. Wilson's resistance to cealment, and it did not signify the first interrogatories, he imwhether it did or did not aid the puted it solely to ignorance of escape; for had he been retaken the French laws.
" But (said in the place which served as bis he) the moment he had commuasylum, the person who had pro- nicated with his ambassador, what cured it for him would not have frankness, what good faith, in all been the less guilty. Art. 248 of that was personal to himself ! the penal code declares guilty and his two friends acted a simithose who have concealed or lar part.” He proceeded to recaused to be concealed. The na.
some serious errors, ture of the facts in this case was which had crept into the translasuch, that there was a moral cer- tion of Wilson's and his brother's : tainty, that those who concerted letters, and which had called forth to get Lavalette out of France, severe animadversions from the also canie to an understanding as advocate-general; and the interto the mode of its accomplish- preter was directed by the presiment the monient his escape from dent to amend the translation, prison took place. It has not when the advocate-general debeen asserted that they had any clared that he abandoned all the communication with the first asy- deductions which might be drawn lum in which he was secreted; from this correspondence. M. it was sufficient that they pro- Dupin then made some apolovided him with an intermediate getical observations on the polia-ylum; and by his passing the tical sentiments disclosed in the night there, this became the place letters; and proceeded to a paneof concealment. A person may vyrical explanation of those hieconceal a nian either in his own roglyphics of honour which Sir R. house, or in that of another; Wilson wure on his breast, in
which he introduced letters of proach than the one we should acknowledgment for his services have merited by basely abandonfrom the emperor Alexander, the ing him, who, full of confidence, king of Prussia, and prince Met- threw himself into our arms : ternich. Coming to the principal and these very men who have «alegal point of the case, he reduced lumniated us, without knowing it to the two propositions, l. either the motives or the details There was no act of complicity be- of our conduct—these very men, tween the accused persons and I say, would have been the first the principal culprit : 2. The fact to stigmatize us as heartle-8 imputed to them cannot be con- cowards, if, by our refusal to sidered as a crime, nor is an save M. Lavalette, we had abanoffence. As the arguments em- doned him to certain death.
We ployed to support them were l'esign ourselves with security to little more than legal sophisms, the decision of the jury; and if it is unnecessary to recite them. you should condemn us for having The pleading concluded with a contravened your positive laws, particular recommendation of the we shall not at least have to reaccused to the court as strangers proach ourselves for having vioand Englishmen.
lated the eternal laws of morality The proceedings having closed, and humanity." Sir R. Wilson rose, and with This a:Idress, we are told, proa dignified confidence delivered duced a strong impression, and a speech, of which the conclusion the respect due to the majesty of cannot be thought too long for justice would scarcely prevent the quotation. Having acknowledged open expression of it. that he had been interested in the Mr. Bruce pronouncel a speech fate of Lavalette on political of the same general tenor in grounds, he declared that such animated language, and with a considerations had a very inferior firm and manly tone.
« Gentleinfluence on his determination. men (he concluded,) I have con“The appeal (said he) made to our fessed to you, with all frankness humanity, to our personal cha- and honour, the whole truth with racter, and to our national gene- respect to the part which I took rosity; the responsibility thrown in the escape of M. Lavalette ; upon us of instantly deciding on and notwithstanding the respect the life or death of an unfortu- which I entertain for the majesty nate man, and above all, of an of the laws, notwithstanding the unfortunate stranger-this ap- respect I owe to this tribunal, I peal was imperative, and did not cannot be wanting in the respect permit us to caliulate his other I owe to myself so far as 10 affirın claims to our good will. At its that I feel not the least compuncvoice we should have done is tion for what I have done. I leave much for an obscure unknown you, Gentlemen, to decide upon individual, or even for an enemy my fate, and I implore nothing who had fallen into misfortune. bu: justice." Perhaps we were imprudent ; but The president then concisely we would rather incur that re- summed up the evidence, and