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>t o m a t> October 27,1849. 2 THE NORTH...
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ERANCE. MOCK TRUL OF THE PROSCRIBED REPU...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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>T O M A T> October 27,1849. 2 The North...
> t o m a t > October 27 , 1849 . 2 THE NORTHERN STAJL — .-=--.
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ERANCE . MOCK TRUL OF THE PROSCRIBED REPUBLICANS . HIGH COURT OF JUSTICE OF VERSAILLES . ( Continuation of the sitting of Ifitb October . ) M . Yidal , editor of ihe'Travil Affranchi , ' who formed part of the Committee of the Pressf > in reply tt questions from tbe President , be said that that committee was not at first regularly coustitttted . Its object was to act on the people , and prevent emures aud assemblages . There existed also a sort ofjaryof honour charged to remove difficulties of interest and a « oKri » ropre , which might arise between the journalists . Ats later period an elector ^ committee was formed , which seat communications to the journals forming part of the
committee . His journal did not receive any cBmmunications , became it was not a daHy one . M . de Girardin energetically opposed any manifestation , saying , besides , that there -was no feeling of insurrection among the people . He proposed a protestation for the journals , which , in his opinion , would he an indication to the government that it should return into that path of legality which it ought never to have quitted . He ( the witness ) did not remember that any proposition was made far an appeal to the people , except that one individual jnentioned thatYne 5 th legion had proposed to invite tbe National Guards to assemble to make a pacific manifestation . Some one also spoke of an intention expressed by some representatives to retire into the 5 th , 6 th ; and 7 th arrondissements .
Andre , one of the prisoners , said that the real authors of the manifestation of the 13 th June were the National Guards of the 5 th arrondissement . Their resolution had been announced in the jonrnals before the Mountain had brought its accusation against the ministers , and before the majority had rejected the interpellations of Ledra Rollin . All that tbe Comarittee of the Friends a € the Constitution did at that time was to address the National Assemble , praying that the Executive government Slight return into a constitutional path . The Procureur-General : We have nothing to contradict in the statement of the prisoner Andre , fr it was precisely for having been one of the orgahsers of the manifestation by the 5 th legion that Me prisoner Scbmitz was accused , as well as aillard , who had just surrendered himself .
Andre said that the Committee of twenty-five inew nothing of the manifestation prepared by the 5 th legion , and be was convinced that Maillard was also a stranger to it . He regarded , he said , the manifestation as dangerous , although be believed it to be legal and constitution . He was averse to bringing the people into the streets , and he had expressed tbat opinion to one of the 5 th legion , and recommended him to countermand the manifestation through the journals . pava said that he was represented as one of the most active members of the Committee of tbe Press , bnt the accusation could not be proved . He asked tbe witness Vidal , if he had ever seen him at the meetings of the press ? Vidal answered in the negative , and added that he believed the accused never attended tbe
meetings . The Procnrenr-General said he would prove tbat Paya had acted as the intermediary between the Parisian and departmental press . Paya affirmed the contrary . Maillard said that he had taken the riding-school of Pellier n ? t to organise a demonstration , but for a meeting relative to tbe election of a colonel of the 5 th legion . Jf . Toossenel , aged forfy-six , a literary man , was the next witness . He said he knew several of tbe accused . He protested against tbe quality of witness being ascribed to him , as it made him appear the accuser of his friends . The president told him . that he was required to state what he knew .
The witness then protested against assertions in the indictment , that he had signalised the accused Morel and Servient as having been present at meetings which preceded the demonstration , tbat be ( witness ) was at tbe Conservatoire , & c . The Procnrenr-General explained that the errors spoken of by witness had been made in the newspaper , and were not in tbe indictment . Tbe witness then proceeded to state that be had belonged to the Committee of the Democratic and Socialist Press . It was however , not strictly a committee , bnt a meeting of journalists . It had been formed in tbe month of April , and tbe object of it then was to draw up an electoral manifesto and programme , and as it was necessary to be able to have an understanding of the party in important matters , the committee was maintained .
M . Baceste , editor of tbe 'BehnWique , ' was next examined . Before commencing his depositions he complained of the treatment to which he had been subjected , by having been arrested without any sufficient grounds . In reply to questions from tbe President , he said that he was a member of the Committee of the press but that he had notattended at the two or three last sittings . He had not attended at tbe meeting which was held at the office of the 'People' on the 11 th . He had received an account of what took place there , but too late for insertion in the journal of the following day , bnt it had appeared on tbe 13 tb . He declared that tbe object of
the meeting of tbe journalists was frequently to further tbe cause of order . The journals had frequently recommended the people to be calm . The witness then described at some length the visit paid to the offices of his journal on the 13 th of June by a body of National Guards , after the demonstration had been dispersed . He detailed the damage done by the breaking open of his desks , and stated that he intended to bring an action against the devastators for GO . uOOf ., the amount at which he estimated tbe injury he had sustained ^ In answer to questions from tbe accused , the witness said he bad never seen Andre , Paya , or Baune , at the meetings of tbe
press . M . Cbatard , one of tbe editors of the * Republique , ' deposed that he was at the meeting of the 11 th at the offices of tbe 'Democratic Pacifique , ' aud that M . Considerant first presided over it , afterwards M . de Girardin . No formal resolution was Come to , bnt it was decided to call tbe government to a sense of its duty , as they ell thought that the constitution bad been violated . M , de Girardin Iteammended resistance , but desired it to be parliamentary . Tbe meeting of the 12 th was only attended by seven or eight persons . Witness had not seen Baune , Andre , or Paya at any of the meetings of the press .
M . Brunier , an editor of the 'Democratic Pacifique , ' said he bad issued tbe summonses for the meetings at the offices of tbat journal . The object for which the committee of the press was instituted was to prevent demonstrations calculated to disturb order . M . Emile de Girardin , editor of tbe' Press , ' Rue de Chaillot , 104 , was then examined . Having been asked his age , he said tbat to the best of his belief it was from forty-three to forty-six years . The President i Are you the relative of any of tha accused ! M . de Girardin : I think not . Do you Know them ? Yes , but not particularly . The President : On the 11 th of June yon were convoked as a member of the Committee of the Press ?
M . de Girardin : Monsienr le President , before answering I most make known to the court , the jury , and the defence a fact which is in contradiction with the very noble words which yon , M . le President , pronounced at the commencement of this trial , when you said that the ' authority of justice was not measured only by the degree of energy which it displayed in its actions , but further and especially hy tbe uprightness of its means to assure the triumph of truth ! ' When I was called into the cabinet of the examining magistrate , I found a member of tbe Parquet , who appeared to direct the investigation , and who pnt questions with a degree of cleverness , not , I must confess , in relation to the uprig htness of tke means ofvhicb you hare spoken . This fact has appeared to me grave—so grave tbat I
cannot remain silent . I am not very familiar with the usages of criminal justice , but I have ascerta ned who « a « the person who assisted the examining magistrate with so much zeal . I teamed that he is a member of the Parquet . As I am very shortsighted . I cannot see whether he be now present , hat I can name him—bis name is M . d'Vallee . The pertinacity with which he pnt questions to me made ms profoundly indignant . I have given sufficient guarantees to order not to be treated as a ' suspect , ' and , if resistance be wrong when it goes to the length of insurrection , justice is not Jess wrong when it goes to the length of inquisition . TbePiOCareur General : "We do not understand the incident raised by M . Emile de Girardin . We think tbat his reproach is totally unfounded . M . de Girardin : ft is not a reproach , but a verv energetic protest . The sshstitate in question did
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not confine himself to assisting the examining magistrate ; tbe la . rter seemed under his surveillance . If I did not bp . fore protest" against this , it was because I did not know that it was contrary to usage for a member of the Parquet to be present at an examination . I renew , my protest . The Pvocureur-General : It was not contrary to usage , und ms quite regular . M . Emile de Girardin : I demand to ask , if it be in conformity with the usage in criminal cases , to say before a witness , 'What , you want to have serious men , and you call among you such a man as Girardin ?' The Procurenr-General : That was not said . M . de Girardin : I can bring forward the witness who heard it . 1 protest , with all the force of my indignation , again & t such a scandal .
The Procureur-General : I cannot allow such language to be held . The President : The witness shall be called . What was the object of the Committee of the Press ? M . de Girardin ' : On the 10 ; h of June I received a convocation . The situation , was grave . I have read history , and remembered that on the 27 th of July , 1830 , M . Thiers and M . Chambolle took the initiative . I read their appeal to resistance , and I asked myself , if , because I had bravely and frankly co-operated in tbe election of the 10 th of December . I was to refrain from protesting ? In my opinion it was evident that the constitution had been violated . I thought it right to go to the meeting . A
confused debate took place , and 1 spoke . 1 insisted on the necessity of first employing the constitutional means we had at our disposal—the press and universal suffrage . I recommended that sucb precious arms should not be compromised ; tbat if the meeting would not wait for 1852 , tbe opposition should declare itself en permanence , and that it should consider itself as tbe onl y true expression of the national representation . My opinion was unanimously adopted . I went to the meeting of the Rue Coq-Heron , but late , and did not remain long . I there saw M . Bareste , M . Cajlas , and M . LangloiSi I do not know M . Yauthier . Nothing was said about coming to an understanding with the Montagne , but with tbe opnosition .
M . Dara , advocate of one of tbe prisoners , asked M . de Girardin , if he was not convinced that the plan he had proposed was strictly constitutional ?' The Procnreur-General : I will not allow any such questions to be put . The witness is not here to give his opinion on constitutional law . The prisoners and their advocates loudly protested against this ; all rose in great agitation , and insisted that M . de Girardin should speak . Girardin himself was greatly agitated , and made more than one attempt to speak , but his voice was drowned in tbe tumult . At length he exclaimed , What ! am I to be interdicted from replying to a question of the defence ? Why , the right of the witness is as clear as that of the defence . '
The Procureur-General : Yon may give evidence on facts , but not on opinions ; and , if you continue , I shall be obliged to take measures against jou 1 M . de Girardin : If i were a timid person , I should be intimidated , bnt 1 am not . Here renewed tumult arose among tbe prisoners and their advocates , and when it had partially subsided , M . de Girardin insisted tbat be had a right to speak , in order to prove to the jury tbat the plot of which the prisoners were accused was a pure in . vention . The Procuteut-General , however , again refused to allow him to speak .
The accused and their advocates rose in great agitation , - and loudly protested . The tumult at length attained such a height , that the President pat on his cap , to indicate that the sitting was suspended . After a while , silence was partially restored , and M . de Girardin , after again insisting that be ought to be allowed to explain himself , for the sake of tbe accused , cried , ' If I am prevented , it will be a disgrace to the High Court and to the Majesty of justice !' M . Dam asked M . de Girardin if he considered tbe plan recommended by him legal and constitutional ?
M . de Girardin ( with great excitemem)—¦* I am sure of it 1 It is my confident belief . ' ( Renewed agitation . ) He then went to explain tbat his idea at the meeting was to prevent an insurrection ; and he insisted on the fact of his having been present at the meeting as a proof that tiere could have been no plot . If there had , he would not have been invited . The Procureur-General : Tbe matter is now at an end . The Accused : No ! no ! ( Agitation . ) M . de Girardin then said that he persisted in stating that M . de Valtee , of the Parquet , had questioned him mtb perffdioasness . The Procureur-General said , he would not tolerate such language . It was grossly improper . ( Murmurs . )
M- de Girardin : You want to make me an accused instead of a witness ! I never signed , as you have , impeachments of ministers and appeals to the people . ( Agitation . ) You have threatened to prosecute me—do it ! ( Long and violent agitation . ) The accused Paya said tbat when he also was under examination , M . de Yallee was present , and whispered in the ear of the examining magistrate . Other accused cried— ' The same thing occurred to me ! to me also !' The officers of the court loudly demanded silence ; This caused new agitation , in the midst of which M . de Girardin withdrew . Some little time , however , elapsed before the commotion subsided .
The next witness was M . Versigny , representative of the people . He stated that he bad been present at a meeting at the 'Democratic Pacifique ' on the 12 th ; tbat L ° dru- Rollin , Felix Pyat , and Considerant had drawn up a proclamation of which he bad approved , as it was of a pacific character .
Sitting c ? Octoher 17 . — -The court reassembled at half-past ten o ' clock . The president announced tbat witnesses wonld now be called to depose respecting the demonstration of tbe 13 . h June , Revel , a wine-shopkeeper , Rue de Bondy , 14 , deposed tbat , on the morning of 13 th June , several individuals , who were drinking in the house , said— : * This evening the president and ministers will be prisoners at Vincenn . es ! To-morrow , we shall do for Changarnier and Cavaignac ! Let the aristos lookout ] ' ( Laugfeter . ) I heard National Guards and workmen cry ' Vive la Republiq ae Democratique et Sociale ! ' None of tbe accused were among tbe persons who talked in his shop .
M . Thouret , an advocate , said tbe witness had refused to sign his deposition , lest it should injure him in his business . ViUenurat , a soldier of tbe 5 lh Lancets , said be accompanied M . Lacrosse , minister of public works , up tbe Boulevards on the 13 tb , and heard the people in the procession cry , Vive la Republique !' ' Vive la constitution ! ' 'Vive la Republique Romaine ! ' * Down with the traitors V He then described how M . Lacrosse was surrounded and menaced by the crowd , and how be escaped by galloping to the mairie in the Rue deVendome ,
M . Chabrier , cheif d escadron of the staff of the National Guard , saw the minister of public works surrounded and threatened , and cries of' Down with tbe President ! ' « Down with the government !' 'Vive la Republique Romaine ! ' The groups forming the demonstration appeared to him to be organised , so far as organisation in such a case was possible . He did not recognise Etienne Arago , or any officers among those who cried . M . de Renneville , sous cheif at the Minister of the Interior and captain in tbe staff of the National
Guard , deposed that on tbe 13 th June he was sent by M . Dufaure , to reconnoitre the state of Paris as far as the Place de la Bastille , and the appearance of the manifestation which was about to take place . They called an him to cry ' Vive la Republique Romaine ! ' hst he would not consent , and at length , by making h « horse rear be succeeded in extricating himself . He beard cries of Vive la Constitution , ' ' Vive la Republique Romaine ., 'A has les trahref ., ' ' A has les Cosaques . ' He was himself called a Cossack .
In reply to a question from tbe prisoner Guinard , the witness said that he did not recognise aroomr the prisoners any one whom he had seen at the meeting . M . Bernard , an employe , the next witness called , said that he had on the previous evening seen a person , dressed as a cook , who announced that a manifestation W 88 f 0 take place tbe next day ; but , although there were a number of police agents present he was not arrested . He was present , he said , at the time of tbe manifestation , and saw a number ot groups formed . When the cortege commenced its march he had seen Jf . Etienne Arago and some officers of the artillery of the National Guard , whom he did not know . Pearing tbat there would be a disturbance , he took tbe Rue Bourbon ViHeneuve , and proceeded towards the Hue de la Paix , where
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he met the dragoons . He became alarmed , and returned towards the Rue Montaattre , where he saw some men attempting to break into a gunsmith's sho p He had , he said , heard cries of Vive la Constitution , and 'Vive Proudhon , ' but not of' A lalauterne . ' He saw one red flag carried by the manifestation , on which was inscribed 'Les ouvriers combattans de Tfevrier , ' but had not seen the socialist emblem of tbe triangle . He met some individuals with the muskets in the Rue Fosses Montmartre , and heard cries of' Aux armes > ' and , after hearing the discharge of musketry at the Conservatoire des Arts et Metiers , saw Col . Forestier and several artillerymen with their carbines . [ t was about half-past three or four o ' clock when he saw Col . Forcstier .
la rep ly to a question from the prisoner Delahaye , the witness said that he did not recognise among the prisoners any of the artillerymen whom he had seen , but that might be accounted for by his having only seen their backs . ' M . Guillaume , a glove-manufacturer , residing in the Rue de Bondy , deposed in similar terms to preceding witnesses as to tbe assemblage at the Chateau d'Eau . and the march of the manifestation . He said be saw M . Etienne Arago at the hejd of it in bis uniform , as che { -de-batavilon . He bad bis sabre in the scabbard . At either side of him was a lieutenant-colonel of tbe National Guard and a captian of the artillery . There were a great number of National Guards and their officers present ; the p rivates were without arms . M . Bac , one of the counsel for the prisoners ,
begged the president to ask the witness whether he had not felt some surprise in seeing the police tacitly allow tbe assemblages to take place . The President said be could not put such a question , as it was not one of fact . . The prisoner Guinard asked whether tbe witness had seen any artillerymen with their arms in tbe midst of the manifestition when it was in march . The witness replied that he had not , but that he bad sean them near the mairie . The prisoner Guinard said that the 5 th battery had assembled at the mairie by his order , as it was their usual place of mustering ; there was therefore nothing exttaordinary in the witness having seen them there .
M . Serre , a sergeant of the 18 th light infantry , who commanded the post of tbe Boulevard Bonne Nouvelle , deposed that he bad with bim twelve men and a corporal . On seeing tbe manifestation approach , he had clcsed the gates of the post . Soon after , a group of individuals approached the post , crying' Vive ] a Republique J * ' Vive Ja constitution !' 'A has les Cosaques ! ' and summoning him and bis men to give up their arms . He replied that the arms were better in tbe hands of his men than they would be in the hands of those who demanded them ; they then attempted to scale the gates , and to malic them unfix their bayonets . He bad not however yielded , and the firmness displayed hy the post intimidated their aggressors . The President : Your conduct was very noble , and you deserve the highest praise .
M . Primorin , a commissary of police , deposed that he went , by order of General Changarnier , at the head of the armed force to the top of the Rue de la Pais , and summoned the crowd to disperse in tbe usual way . The witness then proceeded to describe the advance of the troops and the clearing the Boulevards . He stated that a barricade had been commenced opposite the Rue du Helder , but that it was a very feble one , and only composed of chairs . The people who composed the manifestation appeared very excited , and were crying' Vive la Constitution !' The head of tbe manifestation bad passed tbe Rue de la Paix when the troops charged on them . The hddy was thus cut in two .
M . Dain , one of the counsel , said that the barricade talked of was nothing more than a lew chairs which happened to be standing on the Boulevard thrown together . Captain Landry de Saint Aubin , commanding the 6 th battalion of chasseurs , said he was charged to clear the boulevard to the Madeleine , after which he proceeded to cause to be evacuated tbe terrace of ( fie Passaga Jouffroy , where some individuals , who appeared very hostile , were crying ' Vive la constitution ! ' 'Vive la republique democratique et sociale ! ' ' To arms ! ' His men were insulted and called butchers , and General Changarnier was insulted by a national guard .
Colonel Guyon , of the 2 nd dragoons , deposed that he had taken part with his regisient in clearing the boulevards . The summorses required by law were duly made before the military acted . He heard several pistol shots fired on the right and the left . The people cried to the soldiers that they were executioners—tbat they were engaged in a fratricidal war—and that t ' aey were assassinating the people . Witness did not see a red flag . M . Tisserand , chef dVscadron in the gendarmerie mobile ,, assisted in clearing ( he boulevards , and
heard several pistol shots from tbe Rue Basse du Rempart . Attempts to form barricades of chairs and vehicles were made on the Boulevard Montmartre . At the Rue de Bonne Nouvelle , on the Boulevard o ' that name , his men were fired on , and they responded . On arriving iu the Rue Vivienne , be saw a young man in a group of seven or eight persons , who cried insolently ' Vive la Montagne ! Vivent les . Romains !' —Witness accordingly struck him several various blows with the flat of his sword , and he fell . ( Movement on the bench of the accused . ) The young man was afterwards arrested .
M . Petit , lieutenant of the gendarmerie mobile deposed tbat he commanded a detachment in the column of General Changarnier . He took part in cutting through the demonstration near the Rue de la Paix : It was after a roil from tbe drum and the legal summons , that the demonstration was attacked . The crowd , among whom were National Guards and representatives in their scarfs , at first dispersed , but afterwards part of them formed into ranks in good
order , and advanced towards tbe troops . Forty or fifty furious men threw themselves on their knees , uncovered their breasts , and cried ' Will you fire on your brethren ? Will you shed the blood of your brothers ? ' Without taking any notice of this tomfoolery , they charged with the bayonet . ( Marks of indignation from the accused . ) The people called ihem assassins ; but they were not assassins , and were rather disposed to kick tbe rioters than use their bayonets . ( Movement . )
The accused Guinard here observed , that it was in consequence of the attack on the demonstration that the representatives who were in it went to the Palais National to claim his protection , and tbat was the explanation of his conduct on the 13 th June , 'We are not , ' be continued , with animation , 'the getters up of civil war , as it is attempted to be shown , but tbe true defenders of the republic and the constitution , for which we are ready to shed the last drop of our blood ! ( The accused indicated by their gestures that they approved of what M . Guinard said . ) It was at the moment at which , in tbe free
exercise of our rights as citizens , we endeavoured to secure the respect of the constitution , that shameful acts of violence were displayed towards peaceful and unarmed citizens ; and in this respect you will have observed the words , unworthy of a French officer , which have fallen from the witness . I know , for my part , a youn ? roan , worthy of all consideration , to whom the humiliating treatment indicated by the witness was not displayed , for he was struck , not with the flat side , but with tbe edge of tbe sword !' The witness : 'Ah , yes J It was I myself who gave the blow . ' ( General movement of indignation , and violent murmurs on the benches of the accused . )
Guinard : ' You boast of it , sir . You boast of having struck a young man without arms , who had not even a slick in his hand and you wear the epaulettes of an officer . You inflicted on tbat young man a serious wound , and if it had not been for his spectacles be would have lost bis eye . I declare tbat sucb acts of violence are shameful . ' and yet we , who made tbe revolution , and had the honour of being at the head of the public force , should have considered ourselves dishonoured if such an act could be cited against us . We did not shed a drop of blood . ' J
The Procureur General : ' The accused forgets , but the jury will not , that the men who pretended to defend the constitution attacked it in the most violent manner , endeavoured to overthrow the regulariy constituted authorities and destroy the majority elected by universal suffrage . Those men attempted to JegaiLe resistance , but aos- 'ciefv wmil : ! be possible if the government were at their merer . ' M ; Tourrell ( an advocate ) : You forget that the fact that you assert is precisel y the question to
be decided by the trial . ' Prove , first of all , that the kneeling men who were struck by your gendarmes were conspirators . Until you do that , I tell you that they were free citizens , exercising their , right . Ought not French officers to have stopped before their uii . covered breasts ? And yet there is one who forget " ting what the noble national uniform imposed on him , has had the sad and deplorble courage of boasting of having plunged his sword into an uncovered breast . Ah , the man who could so act is unwortbv to wear the French uniform i uuv onny
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The accused here rose , in a stale of great excitf ment , and loudly cried , « Yes , yes ! ' Some of them addr «« ed violent reproaches to the witness , but what they said could not lie distinguished in the '" " Petit ( the witness ) , turning towards the pri . soners and their advocates , raised his arm and makinit a di » dainful gesture , cried , 'You are all if _ ! ' [ Thi » is one of the coareest epithets in the French language . ] , „_ .,, „ from tbe
A t this a to 11 cv of vociferations arose benches of tbe accused and of the advocates . All disulayed the greatest excitement . It is shameful . It is infamous ! \\ e are outraged ! Kill us , but do not intuit us ! The trial is impossible ! ' were among the cries uttered . The tumult became truly fearful , and in the tribune and the jury the agitation was also extreme . The accused Baune , in a state of great exasperalion , and seising his papers cried : 'Gendarmes , take me away ! I will not remain here !' Lourion : I came here voluntarily to be tried , but if I bad known that I should be insulted , 1 would not have given myself up !
The Procureur-General : We have no intention of defending the words uttered by the . witness , but we must say , because it is tke truth , tbat he was insulted in the gravest manner by one of the advocates told that he was unworthy to wear tbeFrench uniform ! It was an that account that lie made use of the reprehensible exprnsion . At the audience , yesterday , the accused rose in tumult ; but such demonstrations cannet be allowed to be repeated . We demand that the accused who have taken part in the tumult shall be expulsed from the audience in virtue of Art . 10 of the law of 1835 . There has been applause from the public tribunes ; people forg et that they are in the sanctuary of justice . We persist in our demand . The accused Maigne : Let us be taken at once to Mout St . Michel .
Baune : I will go ! I will not remain to be outraged aay longer . ( The lendarmes begged him to be seated . ) M . Tourrel : I do not accept the lesson of the Procureur-General ! We expected that , by a requisition against the witness , the Procureur-General would have caused the liberty of defence to he respected in our persons . But , as he has not done so , we , for the honour of the gown , are obliged to abandon our friends and brothers ! We will demand of the court to decide on the insult addressed to us , and also on the words suffered !
The Procureur-General : We present in writing the demand we just made : we require that all the accused—for all took part in the tumult—shall be removed from the court ' . The accused with great violence : Yes , all ! all ! M . Dain , one of the advocates , said that the insult made to the bar required a reptration , but as tbe procureur-general , who had had the honour to wear the robe of the advocate , had not defended them , be , for his part , should retire . ( The learned gentleman then look his cap and withdrew . ) The president here announced that the court would deliberate on what should be done .
During the absence of the judges , the greatest excitement prevailed in the body of tbe court . The accused were greatly agitated and very noisy ; the public formed themselves into groups , and earnestly discussed the incident which had arisen , and the advocates were also much excited . Altogether the scene was one of the most extraordinary ever witnessed in' a court of justice . After three-quarters of an hour ' s absence , the judges returned , and the President read a decree , in which it was said that the advocate , M . Tourrel , bad
outraged tbe witness Petit by bis obseivations ; that Petit had responded by a gross observation , contrary to the respect due to justice to the accused and to the advocates ; that the accused had disturbed the dignity of the audience by their clamours , but that it was important for the interest ot jn-tice that they should not be expulsed ; the court accordingly held that there were errors on all sides , but that they were not of such a nature as to call for any other measure than a severe reprobation ; and therefore it ordered the trial to proceed .
The sitting was then brought to an end amidst great agitation , but no exclamations were uttered , either by the public or tbe accused . Sitting of October 18 The court met at eleven o ' clock . M . Cremieux and all the other , advocates rose , and tbe former read from a paper as follows : —After the incident which occurred yesterday at tbe end of the sitting , after the decree of the court , so painful to us who wear the advocate ' s gown , and who know tbe rights it gives us and the duties it imposes , it is impossible for the counsel for the defence to re-appear in this place , without explaining to the public why they re-appear . We have calmed
the legitimate indignation of the accused , who have understood that the dignity of their cause , even more than their interest , commands them not to desert the trial . Implicated iu a prosecution of which the souvenir will remain as a monument of incredible passion , they have a right to make known the truth and to remain at their post . They will so remain , moderate , becoming , calm , republican . As for ourselves who come to fulfil a difficult but sacred duty , it was not without painful astonishment that we beard ourselves insulted . In presence of one who was formerly 6 a ( onier of the Order of Advocates oi Paris , Out who is now clothed with the robe of procureur-general ,. we counted . on him for the repression of insult to men who wear the gown . As to the decree of the
court—The President : Advocate , the decree of the court is sovereign , and sannot be discussed . 1 forbid you to speak on it . M . Cremieux : Pardon , Monsieur le President . The President : You employed just now terms offensive to the public prosecutor . We cannot permit you to continue and say that the prosecution is one of passion . M . Cremieux : —I regret not to have been understood , but I will again read my observation .
The President : Read it . M . Cremieux : I did not speak of tbe public prosecution , but of tbe case which I consider an example of incredible passion , and we shall repeat it more than once in the course of our defence . The President : Advocate , you forget that there is a decree of the Cbambre lies Mises en Accusal ion , and therefore it is that decree which you attack . M . Cremieux : No ; Monsieur le President . The President : I recommend you to be
moderate . M . Cremieux : lean affirm that in tbe note which I am reading there is nothing which can offend the High Court . We only express the pain which the incident of yesterday caused us , and we are certain that if we did not do so , the Court itself would feel surprised . To continue : . As to the decree of tbe High Court , it no doubt severely qualifies the words by which its audience was profaned ; hut it does not give any consolation to the sacred ministry of the defence . The Hi gh Court , whilst repressing the tuaiult which disturbed the audience , did not sufficiently protect the defence , which a witness had gravely insulted . We will , however , fulfil our task to the end , and are ready to proceed with the trial .
The President : Advocate , 1 repeat : tbat the decree of the High Court does not require justification , and X will not allow it to be brought under discussion . The Procureur General : We are personally brought forward , and therefore will not give way to tbe emotion which we feel . This emotion is the greater , as it arises from the proceeding of men with whom we have had long relations , ' relations which we did not think broken off . We will therefore reflect on the note which has just been read , and we demand that it shall be deposited on the table of tbec ourt . M . Cremieux : Willingly ; it is signed by all the advocates of the court .
The examination of witnesses was then proceeded with . M . Guy , a lieutenant of the gendarme , described what took place on the boulevard , when the column was attacked . He heard three . shots fired , and saw attempts made to construct barricades , Capt . NMeholas and Capt . Rodolosss , of the 10 th battalion of chasseurs , gave similar evidence , and stated that they saw national guards throw themselves on tbe r knees and cry , 'Will you fin : on vour brctlvin : ' The accused Guinard insisted that the column was attacked before the sitinmonses required by the law were made , but this - was denied by the witnesses .
Esfaquin , a trumpeter in tbe cbusteuri d'Afrinqne , stated that on the boulevard a nun had fired a pistol at some officers , and that he immediately pursued and seized him , when the fei ' . ' ow said , 'Let me go , brigand , or I will stab you { ' and at tbe same time be struck him on the le f t ha « d with a poignard . The man then took to flight , b . 'rt witness discharged hts carbine at him . The witness Showed tke scar ot the wound to the jury .
Erance. Mock Trul Of The Proscribed Repu...
In answer to the accused Andre , witness said he could not state positively whether it was with a pistol or a rxusket that the man had fired at the officers . When he arrested him , he had no weapon . M . Madier de Montjau demanded to be allowed to read a certificate , signed by thirty-three persons stating that a man named Dupart had ben billed by the witness , though be bad commitled no act of aggression , and was the tbe bearer of no weapon . He demanded that the thirty-three witnesses should be summoned by the procureur-general , and tbat it should be proved tbat tbe witness really bad been wounded , as there was no legal evidence of if . The Procureur-General invited the learned counsel to communicate with him on the subject when the sitting should be suspended .
M . Brun , commissary of police , deposed to what took place on the boulevard , and to the construction ot barricades . He added that he had arrested a person named Lafond , secretary of tbe Club des Amis de la Constitution , who was attired in the uniform of an officer of the national guard , and whose conduct was so violent that sine of the national guards proposed to shoot him on the spot . ( Alurmnrs . ) Witness tore off the epaulettes of that individual . The Procureur-General said that the person in question did not belong to tbe national guard of Paris . He was not under prosecution , a judgment that there was not sufficient ground for his proseculion having been rendered .
M . Manuel , an officierd * paix , after stating what took place on the boulevard , and that several shots were fired at the troops , said that he had assisted in arresting Lafond . and in conveying him defore General Changarnier . It was with difficulty that he was protected from the fury of the crowd . General Changarnier had orders that he should be taken before him dead or alive , on account of his having been very violent , and excited the people to armed
resistance . M . Cremieux and another advocate begged that it might be remarked that the man whom it had been proposed to shoot on the spot bad not been prosecuted , for want of evidence . M . Laissee , another advocate , demanded that Lafond should be summoned to give evidence . The Procureur-General said he would not summon him . ( Murmurs . ) M . Ravenaz , a commissionnaire , saw an attempt made to disarm two national guards , and to construct barricades on the Boulevard Montmartre . As the troops arrived to disperse the insurgents , witness was shot in the legend the wound was so severe that he bad to have the limb amputated , and now walked with a wooden leg . ( Sensation . ) The Procureur-General said the witness had
behaved with great courage . In answer to questions , the witness stated that tbe attemp t to disarm tbe nationrl guard had been made be / ore the procession was attacked by the troops . M , Gent , ex-representative of tbe people , deposed tbat on tbe 13 th June , he went to join the demonstration with Etienne . Arago , who was without arms . Arago reco ' jimended the people to be calm , and as there were cries of ' Vive la Republique Democratique et Sociale ! ' he said , ' No ! ' the cry today , is' Vive la Constitution ! Vive la Republique !' The witness then proceeded to describe the attackon the column by General Changarnier . He said that , in his opinion , tbe demonstration bad no other object than to manifest tbe emotion of the Parisian population at the violation of the constitution .
The Procureur-General said that the demonstration was to have proceeded to the National Assembly . M . Gent said that was possible , but it would have answered the same purpose if it had gone anywhere else . Besides , tbe assembly was not sitting that day . The Procureur-General observed that the mass did not know that , and that their belief was tbat an affair similar to that of the 15 th May would take place . M . Gent denied this : they all knew that they would not be allowed to reach the assembly . The witness expressed an opinion , tbat the charge oi General Changarnier was made before the summon to disperse ; but The Procureur-General told bim that tbat was
dsnied by other witnesses . Tbe court rose at half-past five o ' clock . The editor of the ' Tribune des Peuples' has been summoned to appear before the High Court of Justice at Versailles to answer for contempt of court in pumishing an incorrect report of its proceedings . Lieutenant Petit , who insulted the accused at Versailles , by calling them a vile and filthy name , had a dinner given to him on Saturday by General Changarnier , ' who took the opportunity of giving him the epaulets of captian . A duel ' tas been fought between M . Herman , editor of f . wTribune des Peuples , ' and Captain
' Mangloss , of the Gcrdermerie Mobile . The captain is said to have followed M . llerm in to bis office , in consequence of some observations which appeared in the ' Tribune des Peuples , ' on . the evidence given by the captain before tho Court of Versailles . A duel was fought on Monday afternoon in the "Forest of Bendy uctwecn M .- Thonrct , a barrister , and Lieutenant Petit , of the Gendarmerie Mobile . The weapon chosen by the combatants was the sword . The parties having been placed on tho ground attacked each other with extraordinary fury . After some time they became
completelyexhausted and were forced to rest . They recommenced , and , after a long contest , during which neither was wounded , the seconds disarmed them , when they shook hands . M . Baume , a representative of tbe people , and M . Buvignicr , a barrister , acted as seconds to M , Thouret : and M . Wallois , a half-pay lieutenant , and M . Dufaur , . t landed proprietor , performed the same duty for Lieutenant Petit . Tho lieutenant challenged the barrister in consequence of the latter having told him during tho State Trials at Versailles that he was unworthy to wear the French uniform .
DEISATE OX THE ROMAX QUESTION . In the French Assembly , on Thursday week , began the debute on the credit lor the Roman expedition . M . de Tocquoville opened with a speech in which capitulating the incidents so as to soften rather than contradict the reactionary tone he characterised the letter of the President to M . Edgar Ncy as a " proud political resume of what Prance required ;" and added , * ' although the document has no official character , wc ( the Cabinet ) do not hesitate to bestow on it our cordial approbation . " The Pope ' s motu proprio , he did not attempt to conceal from the Assembly , " has not realised our hopes and expectations . " Yet it " has excited the bitterest feelings of hostility among the retrograde party in Italy ; " because in it are to be found "tllO ffeTms &
of those liberties which wc had demanded . " M . do Tocqueviltc was followed b y M . Matthiou ( do la Drome ) in a strong Mountain speech . Here tho debate was broken bv a quarrel . In passing , M , Mntthicu referred to ' the words attributed to M . Theirs , before tbe election of the President of tho Republic , " that tho election of Louis Napoleon would bo a disgrace to France . " M . Thiers : "I deny them . " M . Bixio : "I myself heard you use them . M . Thiers immediately sent M . Piscatory and M . Hccchci-en to M . Rixio ; who chose M . Favrcau and M . Victor Lcfranc as his friends ; the antagonists repaired in tlieiv carriages to thoBois do . Boulogne , exchanged shots at twenty paces , and returned to the Assembl y to bear the conclusion of the debate .
On Friday , M . Thoviot de la Rosicre , a younc deputy , made a tiresome speech of two hours' ien « tS ovi the sitie of the priests . ° General Cavaignac followed . He commenced by showing tbat tbe first movement of France towards the Pope was one of humanity . The fli ght of the Pope to Gaota placed France on the horns of a triple delemina , for France must either allow the Roman Republic to be destroyed , or it must attack or defend it . Each of these alternatives General Cavaignac declared to be dangerous . After this abstract summary of his opinions , General Cavai-rnac entered on the discussion of the constitutional question raised by tho report of M . Thiers , and ho denied the right of a commission to do that which the Assembly had itself no ri ght to do , namely—to discuss the question of revision of the constitution Ho concluded by expressing his oninioii that the modi pmprio was dccidcdlv insufficient .
M . \ u-tor Hugo , the next speaker , drew a hideous picture ot the atrocities committed bv the llavinus ami . Radctskis , which he denounced to the IndV nation of mankind .- Those atrocities had bee !! already branded m the British parliament , and flu . French Assembly could m bntjnin in implwti ¦ £ against audi lnonsU-re . ILoud aLvbuuntioii on tiio Lett ) M . Huge . then referred tO the letter written by tho President of the Republic . He should have preferred an act of government deliberated in council ; but such as it was , it fixed a basis for the negotiation , and gave the Pope useful advice in his own interest . Tho motu proprio was the reply of his Ho mess to the letter . As regarded liberty it granted nothing ; m point of clemency it Pn ' ^ oA
still less . _ It decreed proscriptions en masse under the fallacious name of an amncstv . M . Hu < * o then called on the Assembly to insist on an unconditional amnesty ( Cries of ' Xo , no ' on the Right . ) If you do not , ' exclaimed M . Huso , ' we wilt vconiw » xt , and force tho Pope to "rant it . ' ( Loud murmurs on tho Btgl . t , andWo Ton the left . ) He
Erance. Mock Trul Of The Proscribed Repu...
then said , that it was the interest of Franco to ovacntate Rome as soon as possible , as otherwise ifc would become for her anew Algeria , and devour her children and treasure . But she should beware of leaving behind the seeds of a new revolution . The expedition , irreproachable at its onset , im > h t become blamable and criminal in its results . % \ s would be the" case if France neglected to maintain and safely guard tho liberty of the Roman people Ho trusted , in conclusion , that tho French aims in . going to Rome might have reaped something else besides shame . ( Applause on the Left . ) M . Victor Hugo , on descending from the tribune , received the congratulations of the members of the Mountain .
M . de Montalembcrt , delivered a length y speech overflowing ; with priest-inspired virulence ' ai'ainsfc the Republicans both French and Italian , '' concluding his speech , he observed , ' It has been said that our flag was compromised b y the expedition to Rome Blasphemy ! It has not been so , for never has it been unfolded in a move noble cau « o ( Pn > . longed applause from tbe Right . ) Ilistorv \ vill do justice to the leader of our army , to the wtil'fliv son of one of the giants of our old imperial ^ lorv VlS nqwed applause . It will say what FrnlL himsel f that the victory of our army was a triumph « aincd overthc enemies of human society ' a On Saturday , if . Emanuel Arago spoke a «» iinafc SMS ° 1 ; U n , The orat 01 ' ^ cJed bv sli- ng that France would have one day naught to YciSr but tho word treason . " a "" - ! After a speech from M . Odillon BarrotA number
, of orders of the day motives wove luuvled to the President , but M . udillon liarrot having moved the ovdcv ot tho day pm-o and simple , they were all rejected , A division took place on the first clause of the bill , demanding a credit of HO . OOOf . There appeared—for the clause , 409 ; against it ISO ; majority for Ministers , 2 Si ) . A second division took place on tbe second clause , demanding a credit of 0 , 817 , 920 f . for tho expenses of the expeditionary corps on the war footing during eight months . For the clause , 470 ; . against it , 165 ; majority in favour of Ministers , 305 . A third division took place Oil the third clause of the bill , demanding an extraordinary credit of l , 94 a 200 f . for the Minister of Marine to defray tho expenses of his department . For the clause , 400 ; against it , 103 ; majority in favour of Ministers , 298 . The Chamber then adjourned to Monday .
Paris , Monday . —That committee has just distributed its report on the proposition of M . Creton , relative to the abrogation of the laws which banish from France the two branches of tbe Bourbon family . This proposition tends to suspend , for the space of six years , the eligibility of the members of that familj to seats in the Assembly , and to deprive them , for eight years , of the faculty of being elected as president or vice president of the republic . The president of the council having declared to the committee that it would be an act of rashness to abrogate these laws , tbe committee recommends that the proposition of M . Creton should not at present be taken into consideration .
The committee having taken that decision have shelved that of M . Napoleon Buonaparte as being identical with that of M . Creton . With regard to tbat portion of it relating to the liberation of tbe in . snrgents of June , the committee presented a report , giving their motives lor rejecting . M . Napoleon Buonaparte wished that his proposal mi ght have the priority of tbe debate in the Assembly over that of M . Creton . The Assembly refused to giant the request . M . Pierre Leroux then rose to put the questions of which he had given notice to the minister of justice . He complained of the illegal arrests of two persons , friends of his , at Baussac ( Creuse , ) who had been subsequently brought to Lyons on foot and chained ; though that city was not situate within the circle of tbe tribunal to which they were subject .
M . Odillon Barrot , minister of justice , said tbat the charges against the two individuals alluded to had been CMevuUy examined by tbe magistrates who had found true bills against them . Their decision should be respected , and could not be discussed at the tribune . Every legal formality had been ob « served , and Lyons being now in a state of siege , the accusation directed against the two prisoners should naturally be Iritd by court martial . As to the illtreatment supposed to have been exercised towards them , the charge « as totally unfounded . M . Leroux ' s questions were finally set aside by tbe order of the day .
M . Chamois proposed to put certain questions to the government relative to the alleged harsh treatment of political prisoners at Perigueux . After some discussion the interpellations were adjourned for a month .
ITALY . ROME . —The following ordinance , dated tbe 8 tb f has been published at Rome : — ' Various individuals have been for some time past walking the streets of Rome , singing songs which induce people to assemble round them or to follow them . Although these crowds have not hitherto disturbed public order , they notwithstanding are contrary to the ordon . nances of police , and may serve as a pretext for culpable manifestations . The prefect of police , therefore , orders as follows : Art . 1 . All crowds stopping in the public squares or traversing tbe streets , whether singing or not , are prohibit ! d . —Art . 2 . It is also forbidden to sing in coffee-houses and other public places not having permission for the purpose . •—Art . 3 , The police agents and public force are entrusted , on their responsibility , with the execution of this ordonnancc The military commandants
shall , on being required to do so , give their assistance , should force became necessary to dissipate the crowds . —Art . 4 . Transgressors shall be punished according to the laws relating to these aitrovpements . The Prefect of Police , Le Rousseau . The cardinals have decided that the railway to Naples is a useless scheme , tendin g only to inundate Rome with worthless foreigners ; they have therefore definitively suspended the works , and thus thrown thousands of people out of employment , now that it is so much needed .
These irritating measures increase the detestation with which all classes regard the restored government , arid inscriptions appear on the walls , in enormous letters , of ' Death to tbe red triumvirate , " Death to the infamous revengeful priests ! ' and soon . TbeFrench keep up a very vigorous surveillance , in order to prevent the public dissatisfaction from leading to some outbreak , which mig ht , perhaps , serve to test how far the majority of the array sympathises in the Roman cause * Several young men having been arrested for singing are still in confinement in the Cistle of St . Angeio , and one of the party , who managed to escape when the French gendarmes stopped tbe performance , assures me that they were merely singing harmless opera musi <\ instead of singing , the Romans novt indulge in prnsc recitations , as they walk a ' . ong , which will probably he soon prohibited al « o .
The ' Oiservatore Romano has the following from Foligiio , 6 th iust .: — In consequence of the arrests tbat have been made here , tbe existence of three secret societies has been ascertained , one oi which is calkil the Brutus Society , and another the Ultra Society .. We have not been able to ascertain the name of the third , but we are told that these societies bad peculiar forms and registers , and that the persons lately arrested for ordinary crimes imputed to them belonged to these secret societies . Yesterday evening , thirty subjects of the Papal States , not natives of Foligno , were ordered to leave the town within five day ? . Two davs ago a detachment of Ar . strians left Foligno to " arrest a demagogue of our town , yrbo has taken refuge at l ? abnano , and to disperse some remains o £ the bands of Garibaldi . '
A letter from Rome , of tbe lltb , states that persons are engaged day and ni ght in preparing the apartments of tbe Pope at the Vatican , and it was said that his Holiness would arrive in the first week of November . NAPLES . —The ' Constitutionale' of Florence states on authority of private correspondence , that at Naples all the functionaries who formerl y held offices under Del Carretto , were being reinstalled . The Jesuits were omnipotent at Naples .
AYe have received the folion-ing letter from our correspondent :-Naplks , Oct . 1 .-A 11 those who formed the Na-uma ! guard on ihe 4 ih May are to be arrested , or at least cMled before me authorities , and the principal actors in the affair oi thai , i . iv Rrc to be imprisoned and severely punished . Wiii . in the last two days hundreds have been arresti-d—many ' . iv « ( Wl in tiivc—others p .-. ft !;' .
The Messaggere' of Turin having been prosecuted by tbe A postolic Nuncio for an ar . icle representing Pius IX . as affecting a hypocritical mildness , passing bis time at Gaeta in saying mass and havuiR bis feet Vused by Sovereigns who are still more corrupt and treacherous than be , ' tbe jury gave a verdict of guilty , but counsel having pleaded prescription , as three months bad passed since the publication of the articles , the . plea was held to be good , and the Messaggere acquited . ( Continued to the Swm & page-J
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Citation
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Northern Star (1837-1852), Oct. 27, 1849, page 2, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns2_27101849/page/2/
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