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FRANCE. MOCK TRIAL OF THE PROSCRIBED REP...
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France. Mock Trial Of The Proscribed Rep...
FRANCE . MOCK TRIAL OF THE PROSCRIBED REPUBLICANS . HIGH COURT OF JUSTICE OF VERSAILLES . ( Continuation of the sitting of 16 th October . ) M . Vidal , editor of the ' Travil Affranchi , ' who forme ;! part of the Committee of the Press , in reply _te _questions from the President , he said that that committee was not at first regularly constituted . Its object was to act on the people , and prevent muie ' s and assemblages . There existed also a sort of jury of honour charged to remove difficulties of interest and amour pnpre , which might arise between the journalists . At a later period an electoral committee was formed , which sent _communis cations io the journals forming part of the
committee . His journal did not receive any _cammunicatioi . _< , because it was not a daily one . M . de Girar _^ _ia energetically opposed any manifestation . * _Savins , -iesides , tbat there -was no feeling of insurr lection among the people . He proposed a protestation for the journals , which , in his opinion , would he au 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 remeraber that any proposition was made fer an appesi : otbe people , except that one individual _mentiur . « d tbat the 5 th legion had proposed to invite ihe National Guards to assemble to make a pacific manifestation . Some one also spoke of an intuition expressed by some representatives to retire into ihe 5 th , 6 th ; and 7 th _arrondissements .
Aiv ' . ! _-.-, one of the prisoners , said that the real author ; ofthe manifestation ofthe I 3 th June were the N :: i » Bal Guards of the 5 th arrondissement . Their resolution bad been announced in tbe journals _befor- the Mountain had brought its accusation agaius' tbe ministers , and before the majority bad rejected ihe interpellations of Ledrn Rollin . All tha : : he Committee of the Friends of the Constitution . i : < _i at tbat time was to address the National Ass r _;) : : i « _, praying that the Executive government might return into a constitutional path .
Th .: Procureur-General : We have nothing to con' _» i , ; . : ct in the statement of tbe prisoner Andre , tr k v _.-js precisely for having been one of the _organise- _^ of tbe manifestation by the oih legion tbat Me _pri-oner Schmitz was accused , as well as aiibr _. i , who had just surrendered himself . Andre said that the Committee of twenty-five _fcnew ; io : bing of tbe manifestation prepared by the 5 th Uzjon , and he was convinced tbat Maillard was also a stranger to it . He regarded , he said , the man ' s" _nation as dangerous , although he believed it to b _* . teal and constitution . He was averse to brin : _'¦* _% the people into tbe streets , and he had _exprei- ' . i : . hat opiaioa to one of the 5 th legion , and _xee - ; ia ; .-nded him to countermand tbe manifestation _tbri ' . _^ h : he journals . of
TV , a said tbat he was represented as _^ _rne v the most . _v . tive members of the Committee of the Pros , bat tbe accusation could not be proved . He askrd the witness "Vidal , if he had ever seen bim at the v . _ccf _ings of tbe press ? _"W-al answered in the negative , and added tha' be believed the accused never attended the _Xneci _: ; ' £ ;» . Tie Procureur-General said he wonld prove that Pap had acted as tbe intermediary between the _Parisian and departmental press . Piya affirmed the contrary . _J ? _s : ; b . rd said that be bad taken the riding-school of lV , V : er net to organise a demons t ration , but for a meeting relative to the election of a colonel of the 5 th _Iririon .
M . Tuiissenel , aged forty-six , a literary man , was the _Ai-xi witness . He _Baid he knew several of the accused . He protested against tbe quality of witness _:-. € . ag ascribtd to bim , as it made him appear the _Accuser cf his friends . Ths president told him tbat he was required to state what he knew . T ' _-o _witness then protested against assertions in the _indictment , that he had signalised tbe accused Mord and Servient as having been present at meetings which preceded tbe demonstration / tbat he ( witness ) was at the Conservatoire , & c . The Procureur-General explained tbat tbe errors spoken of by witness bad been made in the newspaper , and were net in tbe indictment . The witness then proceeded to state tbat he had hel « _msed to the Committee of the Democratic and
Soel _siist Press . It was , however , not strictly a committee , hut a meeting of journalists . It bad been _foiieoti 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 uti'ff rstanding of tbe party in important matters , the _committee was maintained . M . Bareste , editor of the _'Rebublique , ' wa 3 next examined . Before commencing his depositions be conn-limed of the treatment to wbicb be bad 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 tbe Commi _'^ ce of the press _hutthathe had not attended at the two _« r three last sittings . He had not attended at the _rating which was held at tbe office of the * P « _-:- : _ak' on the 11 thHe had received an account _i t ubot /
. - —j . ; -. .................. - — . _« .- ... < ...-.. u u .. uu * of _wbi ; took place there , but too la « e for insertion in » h £ journal of the following day , bnt it bad _appeared on the I 3 tb . He declared tbat tbe object of the _v-isetint j of the journalists was frequently to farther the cause of order . The journals bad frequently ret _.-onii'ndedthe people to be calm . The witness the ;? described at some length tbe visit paid to the _ofikss of Ms journal on the 13 th of June by a both- of National Guards , after tbe demonstration
had _bf en dispersed . He detailed the damage done hy the breaking open of his desks , and stated that he int- _^ rrd to brir . g an action against the devastators _fos Gv _. OOOf ., the amount at which be estimated tbe injury _r . e bad sustained . In answer to questions fro _: _ibs accused , the witness said he had never set- _Asdre , Paya , or Baune , at the meetings of the pn _= _s .
M . Chatard _, one of tbe editors of the' _Repub-Jiq-ir , deposed that he was at the meeting of tbe lit ; .- at the offices of the ' Democratic Pacifique , ' and tbat M . Considerant first presided over it , afterwards M . deGirardin . No formal resolution was come t : > , bnt it was decided to call the government to a .-vase of its duty , as tbey all thought tbat tbe _coi-siiuition bad been violated . M . de Girardin recommended resistance , but desired it to be _parliamerJary . The meeting of the 12 th was only attended by seven or eight persons . "Witness had not se _= ; : i Banne , Andre , or Paya at any of the _meeting of the press . M . Brnnier . an editor of tbe 'Democratic
P acifi que , ' said he bad issued the summonses for the meetings at the offices of that journal . The object for which the committee of tbe press was instituted was to prevent demonstrations calculated to disturb ovdw . M . Emile de Girardin , editor of the 'Press , ' Roe de Ciiaillot , 104 , was then examined . Having been asked his age , he said that to the best of his belief it was from forty-three to forty-six years . Tbe President t Are you tbe relative of any of tbe accused 1 M . de Girardin : I think not . Do \ ou Know tbem ? Yes , but not particularly . The President : On the 11 th of June jou were _co-. voked as a member of tbe Committee of the Press ?
M . de Girardin : Monsieur le President , before _answering I must make known to the court , the ju ' v , and the defence a fact which is in contradiction with tbe very noble words which you , M . le President , pronounced at tbe commencement of this trial , when jou said that the ' authority of justice was not measured only by the degree of energy which it displayed in its actions , bnt further and especially by the uprightness of its means to assure tbe triumph of truth 3 ' When I was called Into the cabinet of the examining magistrate , I found a member of the Parquet , who appeared to direct the investigation , and who put questions with a degree of cleverness , not , I must confess , in relation to the uprightness of the means of which you have spoken . This fact has anpeared to me grave—so grave that I
cannot remain silent . I am not very familiar with tbe usages of criminal justice , but I bave ascertained who * w as the person who assisted the examining magistrate with so much zeal . I learned that he is a member of the Parquet . As I am very shortsighted , I cannot see whether he be now present , but I can name bim—his name is M . d'Valiee . Tbe pertinacity witb which be put questions to me made me profoundly indignant . I have given sufficient _suaranttes 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 less wrong when it goes to the length of _inqaisition . TheProcureur General : We do not _undersfand the incident raised by M . Emile de Girardin . We think that his reproach is totally unfounded . M . de Girardin : It is not a reproach , but a very energetic protest . The substitute ia question , did
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not confine himself to assisting the examining ma . gistrate ; the latter seemed under his surveillance If I did not before protest against this , it was because I did not know tbat it was contrary to usage for a member of the Parquet to be present at an examination . I renew my protest . The Procureur-General : It was not contrary to usage , and was quite regular . Si . Emile de Girardin : I demand to ask , if it be in conformity witb 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 Procureur-General " That was not said . M . de Girardin : I can bring forward the witness who heard it . I protest , with all the force of my indignation , against such a scandal .
Tbe Procureur-General ; I cannot allow such language to be held . The President : The witness Bhall be called . What was the object of the Committee of the Press ? M . de Girardin : On the 10 th 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 the 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 _defcate took pface . and I spoke . I insisted on the necessity of first employing the constitutional means we had at our disposal—the press and tinh versal suffrage . I recommended that such precious arms should not be compromised ; that if the meeting would not wait for 1852 , the opposition should declare itself en permanence , and that it should consider itself as the only 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 . Cay Ids , and M . Langlois . I do not know M . Vauthier . Nothing was said about coming to an understanding with the Montagne , but with the opposition .
M . Dain , advocate of one of the prisoners , asked M . de Girardin , if he was not convinced that the plan be bad proposed was strictly constitutional ? The Procureur-General : I will not allow any such questions to he put . Tbe 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 the tumult . At length he exclaimed , « W hat ! 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 tbe defence . '
The Procureur-General : You may give evidence on facts , but not on opinions ; and , if you continue , I shall be obliged to take measures against jou ! M . de Girardin : If I were a timid person , I should be intimidated , but 1 am not . Here renewed tumult arose among the prisoners and their advocates , and when it had partially subsided , M . de Girardin insisted that he had a right to speak , jn order to prove to the jury that the plot of which the prisoners were accused was a pure in . vention . The Procureur-General , however , again refused to allow bim 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 put on his cap , to indicate that the sitting was suspended . After awhile , silence was partially restored , and M . de Girardin , after again insisting that he 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 . Dain asked M . de Girardin if be considered tbe plan recommended by him legal and constitutional ?
M . de Girardin ( with great excitement)— ' I am sure of it ! It 13 my confident belief ! ' ( Renewed agitation . ) He then went to explain that his idea at the meeting was to prevent an insurrection ; and be insisted on the fact of his having been present at the meeting as a proof that there could have been no plot . If there had , he would not have been invited . Tbe _Procnrenr-General : The matter is now at an end . Tbe Accused : No ! no ! ( Agitation . ) M . de Girardin then said that he persisted in stating tbat M . de Vallee , of tbe Parquet , had questioned bim witb perfidiousness . The Procureur-General said , he would not tolerate such language . It was grossly improper . ( Murmurs . )
M . de Girardin : You want to make rae 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 Vallee was present , and whispered in tbe ear of the examining magistrate Other accused cried—* The same thing occurred to me ! to me also !' The officers of tbe 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 tbe people . He stated that he had been present at a meeting at the 'Democratie Pacifique ' on the 12 th ; tbat _Lsdru . Rollin , Felix Pyat , and Considerant had drawn up a proclamation of which he bad approved , as it was oi a pacific character .
Sitting op October 17 . —The court reassembled at half-past ten o ' clock . The president announced tbat witnesses would now be called to depose respecting the demonstration of tbe 13 th June , Revel , a wine-shopkeeper , Ruede Bondy , 14 , deposed tbat , on the morning of 13 ih June , several individuals , who were drinking in the house , said— : ' This evening the president and ministers will be prisoners at Vincennes ! To-morrow , we shall do for Changarnier and Cavaignac ! Let the aristos lookout ! ' ( _Laughter . ) I heard National Guards and workmen cry 'Vive la RepubhqBe Democratique et Sociale ! ' None of the accused were among tbe persons who talked in bis shop .
M . Thouret , an advocate , said the witness had refused to sign bis deposition , lest it should injure him in his business . Villemont , a soldier of the 51 h Lancers , said he accompanied M . Lacrosse , minister of public works , up the Boulevards on the 13 th , and heard the people in the procession cry , * Vive la Repuhlique !' 'Vive la constitution ! ' 'Vive la Repuhlique Romaine ! ' ' Down with the traitors ! ' He then described how M . Lacrosse was surrounded and menaced by the crowd , and _hoiv he escaped by galloping to the mairie in the Rue de Vendome ,
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 the President ! ' ' Down with the government ! * Vive la Repuhlique Romaine ! ' The groups forming tbe demonstration appeared to bim to be organised , so far as organisation in such a case ivas 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 tbat on the 13 ; h June be was sent by M . Dufaur ? , to reconnoitre the state of Paris as far as the Place de la Bastille , and the appearance of tbe manifestation which was about to take place . They called en him to cry Vive la Repuhlique Romaine ! ' but be would net consent , and at length , by making his horse rear , he succeeded in extricating himself . He heard cries of ' Vive la Constitution , ' * Vive la Repuhlique Romaine ., * A has les traitres , ' * A bas les Cosaques . ' He was himself called a Cossack .
In leply to a question from the prisoner Guinard , the witness said tbat he did not recognise among the prisoners any one whom he had seen at the meeting . M . _Bernard , an employe , the _ntxt witness called , said that he bad on the previous evening seen a person , dressed as a cook , who announced tbat a manifestation was to take place the next day ; but , although there were a number of police agent _spiesent , he was not arrested . _^ He was present , he said , at the time of the manifestation , and saw a number or groups formed . When the cortege commenced its march he had seen M . Etienne Arago and some officers of the artillery ofthe National Guard , whom he did not know . Fearing that there would be a disturbance , he took the Rue Bourbon Villeneuve _, wd proceeded towards the Rue _deUPaix . where
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he met the dragoons . He became alarmed , and returned towards the Rue Montraartre , where he saw some men attempting to break into a gunsmith ' s shop . 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 _Fuvrier _, ' but had not seen the soc ialist emblem ofthe triangle . He met some individuals with the muskets in the Rue Fosses Mon tmartre , 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 . It was about half-past three or four o ' clock when he saw Col . Forestier .
la reply to a question from the prisoner Delahaye , the witness said that he did not recognise among tbe prisoners any of the artillerymen whom he had seen , hut that might be accounted for hy his having only seeB their backs . M . Guillaume , a glove-manufacturer , residing in the Rue de Bondy , deposed in similar terms to preceding witnesses as to the assemblage at the Chateau d'Eau , and the march ofthe manifestation . He said he saw M . Etienne Arago at the held of it in his uniform as cbef-de-bataillon . He had his sabre in the scabbard . At either side of him was a lieutenant-colonel of the National Guard and a captian ofthe artillery . There were a great number of National Guards and their officers present ; the privates 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 the assemblages to lake place The President said he could not put such a question , as it was not one of fact . The prisoner Guinard asked whether the witness had seen any artillerymen with their arms in the midst of the mamfestition when it vm in match The witness replied that he had not , but that he bad seen 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 extraordinary in the witness having seen them there .
M . Serre _, a sergeant of the 18 tb light infantry , who commanded tbe post of the Boulevard Bonne Nouvelle _, deposed that he had with him twelve men and a corporal . On seeing the ruani . 'estation approach , he had closed the gates of the post . Soon after , a group of individuals approached the post , crying' ivela Repuhlique ! ' ' Vive la constitution !' ' A bas les Cosaques ! ' and summoning him and his men to give up their arms . He replied that the arms were better in the hands of his men than tbey would be in the hands of those who demanded them ? they then attempted to scale the gates , and to make tbem unfix their bayonets . He bad not however yielded , and the firmness displayed by the post intimidated their aggressors .
The President : Your conduct was very nohlf _, and you deserve the highest praise . M . Primorin , a commisrary of police , deposed tbat he went , hy order of General Changarnier , at the head of the armed force to the top of the Rue de la Paix , and summoned the crowd to disperse in the usual way . The witness then proceeded to describe the advance of tbe troops and the clearing the Boulevards . He stated tbat a barricade had been commenced opposite the Rue du Helder , hut that it was a very feble one , and only composed of chairs . The people who composed the manifestation appeared very excited , and were crying' Vivela Constitution !' The bead of the manifestation bad passed the Rue de la Paix when the troops charged on them . The body was thus cut in two .
M . Dain , one ofthe counsel , said that tbe barricade talked of was nothing moie than a few chairs which happened to be standing on the Boulevard thrown together . Captain Landry de Saint Auhin , commanding the Gth battalion of chasseurs , said he was charged to clear the boulevard to the Madeleine , after which he proceeded to cause to be evacuated the terrace of the _Passaga Jouffroy , where some individuals , who appeared very hostile , were frying 'Vive la constitution ! ' ' Vive la repuhlique democratique ct sociale ! ' ' To arms ! ' His men were insulted aud called butchers , and General Changarnier was insulted by a national guard .
Colonel Guy on , of the 2 nd dragoons , deposed that he had taken part with his regisient in clearing the boulevards . The summonses 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—that they were engaged in a fratricidal war—and that they were assassinating the people . Witness did not see a red flag . M . Tisserand , chef _d'escadron in the gendarmerie mobile , assisted in clearing the boulevards , and
heard several pistol shots from the Rue Basse du Rerapart . Attempts to form barricades of chairs and vehicles were made on the Boulevard Montmartre . At tbe Rue de Bonne Nouvelle , on the Boulevard of that name , his men were fired on , aud tbey responded . On arriving in the Rue Vivienne , he saw a young man in a group of seven or eight persons , who cried insolently ' Vive la Montague ! Vivent les Romains ! —Witness accordingly struck bim 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 that he commanded a detachment in the column of Geueral Changarnier , He took part in cutting through the demonstration near the Rue d « la Paix . It was after a roll from the drum and the legal summons , that thedemoiistralion was attacked . The crowd , among whom were National Guards and representatives in their 3 car ( s , at first dispersed , but afterwards part of tbem formed into ranks in good
order , and advanced towards the troops . Forty or fifty furious men threw themselves on their knees , uncovered their breasts , and cried ' Will you fire on your brethren ? WiU 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 them assassins ; but tbey were not assassins , and were rather disposed to kick the rioters than use their bayonets . ( Movement . )
Tbe accused Guinard here observed , that it was iu consequence of the attack on the demonstration that the representatives who were in it went to the Palais National to claim his protection , and that was the explanation of his conduct on the 13 th June . ' We are not , ' he continued , with animation , * the getters up of civil war , as it is attempted to be shown , but the true defenders of the republic and the constitution , for whicli 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 the free
exercise of our rights as citizens , we endeavoured to secure the respect of the constitution , that shameful acts of violence were _dhpiayed towards peaceful and unarmed citizens ; and in this resp .--ct you will bave observed the words , unworthy of a French officer , which have fallen from ihe witness . I know , for my part , a yoiin » man , worthy of ail consideration , tn whom the humiliating treatment indicated hy the witness was not displayed , for he was struck , not with tho flat side , but with the edge of the sword !' The witness : ' Ah , yes ! It was I myself who gave the blow . ' ( General movement of indignation , and violent murmuis 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 stick in bis hand and you wear the epaulettes of an officer . You inflictedon that young _mau a serious wound , and if it had not been for his spectacles he would have lost bis eye . I declare that such acts of violence are shameful ! and yet we , who made the revolution , and bad the honour of being at the head of the public force , should have considered ourselves dishonoured if such an act could he cited against us . We did not shed a drop of blood . '
The Procureur General : 'The accused forgets , but the jury will not , tbat the men who pretended to defend the constitution attacked it in the most violent manner , endeavoured to overthrow the regularly constituted authorities and destroy the majority elected by universal suffrage . Those men attempted to legalise resistance , but no societv would be possible if the government were at their mcrcv . ' M . Tourrell ( an advocate ) : You forget tliat the fact that you assert is precisely the question to
be decided by the trial . Prove , first of all , that the kneehng men who w « re 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 uncovered breasts ? And yet there is one who { oriel ting what the noble national uniform imposed on him , has had the sad aud _daplorble courage of boasting of having plunged his sword into an uncovered breast . Ah , the man who could so act is wmoithj to wear the French uniform ! _»«»»«*
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The accused here rose , in a state of great excittmenti and loudly cried , « Yes , yes ! ' Some of them addressed violent reproaches to the witness , but what they said could not be distinguished in the tumult . , M . Petit ( the witness ) , turning towards the pnsoners and their advocates , raised his arm , and making adiidaiaful gesture , cried , ' You are all jf _ 1 ' [ This is one of the coarsest epithets in the French _language . ]
At this t volley of vociferations arose from the benches of the accused and of the advocates , All displayed tbe greatest excitement . « It is shameful It is infamous ! W e are outraged ! Kill us , hut do not insult us ! The trial is impossible 1 ' were among the cries uttered . The tumult became truly fearful , and iu the tribune and the jury the agitation was also extreme . The accused Baune , in a state of great exasperation , and seizing his papers cried : 'Gendarmes , lake me awav ! I will not remain here !' Lourion : I came here voluntarily to be tried , but if I bad known that I should he 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 tbe truth , that he was insulted in the gravest manner by one of the advocates told that he was unworthy to wear the French uniform ! It was on that account that he made use of the reprehensible _expression . At the audience , yesterday , the accused rose in tumult ; but such demonstrations _cannetbe allowed to he _repeated . We demand that the accused who hava 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 _forget that tbey are in the sanctuary of justice . We persist in our demand . Tbe accused Maigne : Let us be taken at once to Mont St . Michel .
Baune : I will go ! I will not remain to be outraged any longer . ( The gendarmes begged him to be seated . ) M . Tourrel ; 1 do not accept the lesson of the Procureur-General ! We expected that , by a requisition against the witness , the Procureur-General would hare caused tbe liberty of defence to be retpected in our persons . But , as h « has not done so , _wt , for tha honour of the gown , are obliged to abandon our friends aud 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 10 the bar required a reparation , but as the procureur-genei'al , who had had the honour to wear the robe of the advocate , had not defended them , he , for his part , should retire . ( The learned gentleman then took bis cap and withdrew . ) The president here announced that the court would deliberate on what should be done .
During tbe absence of the judges , the greatest _excitement prevailed in tbe body of the 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 , had
outraged the witness Petit by his observations ; that Petit had responded hy a gross observation , contrary to tbe respect due to justice to tbe accused and to the advocates ; that tbe accused had disturbed the dignity of the audience by their clamours , hut that it was important for the interest of justice 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 the accused _.
Sitting of October 18—The court met at eleven o ' clock . M . Cremieux and all the other advocates rose , and the former read from a paper as follows : —After tbe incident which occurred yesterday at the end of the sitting , after the decree of the court , so painful to us who wear the advocate ' s gown , and who know the 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 , commauds them not to desert the trial . Implicated in 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 heard ourselves insulted . In presence of one who was formerly batonier of the Order of Advocates o ( Paris , but who is now clothed witb 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 . I 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 the public prosecution , but of the 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 o _{ _vhe _Chambxe des Mises en Accusation , and therefore it is that decree which you attack . M . Cremieux : No . Monsieur le President . The President : I recommend you to be moderale . M . Cremieux : I can affirm that in the 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 the High Court , it no doubt severel y qualifies the words by which its audience was profaned ; hut it does not give any consolation to the sacred ministry of the defence . The High Court , whilst repressing the tumult 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 read y to proceed with tlie trial .
The President : Advocate , 1 repeat that tbe decree of the High Court does not require justification , and 1 will not allow it to be brought under discussion . The Procureur General : We are personally brought forward , and therefore will not give way to the emotion which we feel . This emotion is ( he 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 there * fore reflect 011 the note which has just been read , and we demand that it shall be deposited on the table of thecourt . M . Cremieux : Willingly ; it is si gned by all the advocates of the court . The examination of witnesses was then proceeded witb . r
M . Guy , a lieutenant of thegendarme , described what took place on the boulevard , when the column was attacked . He heard three shots tired , and saw attempts made to construct barricades . Capt . Nicholas and Capt . Rodolosse _, of the 10 th battalion of chasseurs , gave similar evidence , and stated that they saw national guards throw them _, selves on the : r knees and cry , < Will you fire on your brethren ?' The accused _Guinaft insisted that the column was attacked before the summonses required by the law were made , but this was denied bv the witnesses . '
Estaquin , a trumpeter in the chastcurs d'Afrinque stated that on the boulevard a man had tired a pistol at some officers , and that he immediately pursued and seized him , when the fellow said ' Let me go , brigand , or I will stab you ! ' and at the same time he struck him on the left hand with a poignard . The man then took to flight , but witness discharged his carbine at him . The witness showed the scar ol the wouud to the jury .
France. Mock Trial Of The Proscribed Rep...
In answer to the accused Andre , witness said he could not state positively whether it was with a pistol or a _txusket 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 killed by tbe witness , though he had committed no act of aggression , and was the the hearer of no weapon . He demanded that the thirty-three witnesses should be summoned by the procureur-general , and that it should be proved that the witness really had been wounded , as there was no legal evidence of it . The Procureur-General invited the learned counsel to communicate with him on the subject when the sitting should be suspended .
M . Btun , commissary of police , deposed to what took place on the boulevard , and to the construction ol barricades . He added that he had arrestf d a person named Lafond , secretary of the 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 sme ofthe national guards proposed to shoot him on the spot . ( Murmurs . ) Witness tore off the epaulettes of tbat individual . The Procureur-General said that the person in question did not belong to the national guard of Paris . He was not under prosecution , a judgment that there was not sufficient ground for his prosecution having been rendered .
M . Mauuet , an officier de 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 accsunt of his having been very violent , and excited the people to armed resistance . M . Cremieux and another advocate begged that it might he remarked that tbe man whom it bad been proposed to shoot on the spot had 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 insurgenis , witness was shot in the leg , and tbe wouud was so severe that he had to bave 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 the attempt to disarm the nationrl guard had been made be / ore the procession was attacked by the troops .
M . Gent , ex-representative of the people , deposed that on the 13 th June , he went to join the demonstration with Etienne Arago , who was without arms . Arago recommended the people to be calm , and as there were cries of ' Vive la Repuhlique Democratique et Sociale ! ' he said , « No ! ' the cry today , is' Vive la Constitution ! Vive la Repuhlique !' The witness then proceeded to describe the attack on the column by Geueral Changarnier . He said that , in his opinion , the demonstration had no other object than to manifest the 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 , the assembly was not sitting that day . The Procureur-General observed that the mass did not know tbat , and that their belief was that an affair similar to tbat 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 , that the charge of General Changatnier was made before the summon to disperse ; but Tbe Procureur-General told him that tbat was denied by other witnesses . The 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 publishing 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 kas been fought between M . Herman , editor of no' Tribune des Peuples , ' and Captain Mangloss , of tbe Gerdermcric Mobile . The captain
is said to have followed M . _Her-nun to his office , in consequence of some observations which appeared in tho ' 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 Bondy between M . Thouret , a barrister , and Lieutenant Petit , of the Gendarmerie Mobile . The weapon chosen by tbe combatants was the sword . The parties having been placed on the ground attacked each other with extraordinary fury . After some time they became completely
exhausted and wore forced to rest . They recommenced , and , after a long contest , during which neither was wounded , tho seconds disarmed thorn , when they shook hands . M . Baume , a representative of the people , and M . Buvignier , a barrister , twted as seconds to M . Thouret : and M . Wallois , n half-pay lieutenant , and M . Dufaur , a landed proprietor , performed tho same duty for Lieutenant Petit . The lieutenant challenged ' the barrister in consequence of the latter having told him during the State Trials at Versailles that ho was unworthy to wear the French uniform .
DEBATE OS THE BOSUN QUESTION . In tho French Assembly , on Thursday week , began the debate on tho credit for the Roman expedition . M . de Tocqueville opened with a speech in which capitulating the incidents so as to soften rather than contradict the reactionary tone ho characterised the letter of the President to M . Edgar Ney as a " proud political resume of what France 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 , ho did not attempt to conceal from the Assembly , " has not realised our hopes and expectations . " Yet it " has excited tho bitterest feelings of hostility amonor the retrograde party in Italy ; because m it are to be found " the germs of those liberties
which we had demanded . " M de Tocquevillo was followed by M . Matthieu ( de la Drome ) in a strong Mountain speech . Here the debate was broken by a quarrel . In passing , M . Matthieu referred to the words attributed to M . Theirs , before the election ofthe President of the Republic , " that tho election of Louis Napoleon would be a disgrace to France . " M . Thiers : "I deny thorn . " M . Bixio : "I myself heard _yoi .. use them . " M . Thiers immediatelv sent M . Piscatory and M . Hcecheren to M . Bixio ; who chose M . Favrcau and M . Victor Lefranc as his friends ; the antagonists repaired in their caiTia"es to theBoisdo Boulogne , exchanged shots at twenty paces , and returned to tho Assembl y to hear the conclusion of the debate .
On Friday , M . Thuriot de la Rosiere , a young deputy , made a tiresome speech of two hours' _length on the side of the priests . ° General Cavaignac followed . He commenced by showing that the first movement of France towards thePope was one of humanity . Tho flight of the Pope to Gaeta placed Prance on the horns of a triple _delemma , for Franco must either allow the Roman Republic to he 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 _Cavabnac entered on the discussion of tho constitutional question raised by the report of M . Thiers , and be denied the right of a commission to do that which the Assembly had itself no right to do , namoly-to discuss the question of revision of the i . i _, nstit ,, fi ««
He concluded by expressing his opinion that the ' Miotic 2 ) roprio was decidedly insufficient \ ? , c * ° r Hugo , the next speaker , drew a hideous picture ofthe atrocities committed by the Hwn !! _I and Radetskis , which ho denounced to _tST n t 101 } ? _^\ Those atrocities K been already branded in the British _parliament _^ mdItS Left ? ! f _nSf _™ ' . _(^ _Mclamat _ion on tho Lett . ) M . Hugo then referred to the letter written _iZSFTiFS * Ropublic - Uc _shoi ! _^ _cminPi h , _f 0 „ f ° _i S ° : _nn'ent deliberated in Swn _nrS > and ave Pop e useful advico in his own in crest . The _mato propria was the reply of _5 nni ] _S- t 0 th _? lett ? _** _"P"W _liberty it gianted nothing ; m point of elemenev it _ovaLod
_stui less . __ ft decreed proscriptions en masse under _tnefallacious name of an amnesty . M . Hugo then tft ™ th _^ My _** _« 0 " « u ° ncond tional amnesty . ( Cries of ' No , no , ' on the Right . ) If you do not , ' exclaimed M . Hugo , ' we will re quire it , and force the Pope to g _ant it . ' Loud _murmur Qn . th _» Right , _andVvw on the Lef . ) He
France. Mock Trial Of The Proscribed Rep...
then said that it was the interest of France to on cutate Rome as soon as possible , as otherwise \ l would become for her a new Algeria , and devour hll children and treasure . But she should be ware nf leaving behind the seeds of a new revolution Tim expedition , irreproachable at its onset , ' _miuh ? become blamable and criminal in its results ThU would be the ca se if France neglected to m ' ainhin and safely guard tho liberty ofthe Roman pCOpi „ He trusted , m conclusion , that the French arms in going to Rome might have reaped _sometime else besides shame . ( Applause on the Left . ) M . Victor Hugo , on descending from the tribune , received the congratulations of the members of tho Mountain . _"" '
M . de Montalembort , delivered a _lomrthy sneecl . overflowing with priest-inspired virulence _ag ainst the Republicans both French and Italian . ° Con eluding his speech , he observed , ' It has been said " that our flag was compromised by the expedition to Rome Blasphemy ! It has not been so , foi n " v J has it been unfolded in a more noble cause . ( Prolonged applause from tho Kight . ) History will do justice to the leader of our army , to the worthy son of one of tha giants of our old imperial glory . ( _Reneived applause . ) It will say what Pius IX . himself said in his letter of thanks to General Oudinot , that the victory of our army was a triumph gained over the enemies of human societv . On Saturday , M . Emanuel Arago spoke against the project of law . The orator concluded by saying that France would have one day naught to register but tho word treason .
After a speech from M . Odillon Barrot , A number ot orders of the day motives were handed to the President , but M . Odillon Barrot having moved the order ofthe day pure aud simple , they were all rejected . A division took place on the first clause of the bill , demanding a credit of 140 , 000 f . There appeared—for the clause , 460 ; against it 180 ; majority for Ministers , 289 . A second division took place on the second clause , demanding a credit of
( 5 , 817 , 920 f . for tlie expenses of the expeditionary corps on the war footing during eight months . For the clause , 470 ; against it , 165 ; majority in favour of Ministers , 805 . A third division took place oa the third clause of the bill , demanding an extraordinary credit of l , 045 , 200 f . for the Minister of Marine to defray tho expenses of his department . For the clause , 460 ; against it , 108 ; 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 the Bourbon family . This proposition tends to suspend , for the space of six years , the eligibility of the members of that family 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 committed 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 . \ Vith regard to that portion of it relating to the liberation of the in . surgents of June , the committee presented a report , giving their motives for rejecting . M . Napoleon Buonaparte wished that his proposal might have the priority of the debate in the Assembly over tbat of M . Creton . The Assembly refused to grant 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 Boussac ( Creuse _, ) who bad been subsequently brought to Lyons on foot and chained ; though that city was not situate within the circle of the tribunal to which they were subject .
M . Odillon Barrot , minister of justice , said that the charges against the two individuals alluded to had been carefully examined by the 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 observed , and Lyons being now in a state of siege , the accusation directed against the two prisoners should naturally be tried by court martial . As to tbe ill . treatment supposed to have been exercised towards tbem , the charge « as totally _unfounded . M . Leroux _' s questions were finally set aside by the 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 . —Tbe following ordinance , dated the 8 th , has been published at Rome : — ' Various individuals bave 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 ordonnances of police , _rnd may serve as a pretext for culpable manifestations . The prefect of police , therefore , orders as follows : Art . 1 . All crowds stopping
in tbe public squares or traversing the streets , whether singing or not , are prohibited . —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 ordonnance . The military commandants shall , on being required to do so , give their assistance , should force become necessary to dissipate the crowds . —Art . 4 . Transgressors shall be punished according to the laws relating to these _attroupemenls . The Prefect of Police , Le Rousseau .
___ The cardinals have decided that the railway to Naples is a useless scheme , tending 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 , and inscriptions appear on the walls , in enormous letters , of' Death to the red triumvirate , ' ' Death to the infamous revengeful priests ! ' and so on . The French keep up a very vigorous
surveillance , in order to prevent the public dissatisfaction from leading to some outbreak , which might , 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 Castle of St . Angelo , and one of the party , who managed to escape when the French gendarmes stopped the performance , assures me that they were merely singing harmless opera music . Instead of singing , the Romans _UOW indulge in prose recitations , as they walk along , which will probably be soon prohibited also .
The ' Osservatore Romano has the following from Foligno , Gth inst .: — 'In consequence of the arrests that have been made here , the existence of three secret societies has been ascertained , one of which is called the Brutus Society , and another the Ultra Society . 'We have not been able to ascertain the name of the third , but we are told tbat these societies had peculiar forms and registers , and that the persons lately arrested for ordinary crimes imputed to tbem belonged to these secret societies . Yesterday evening , thirty subjects of the Papal States , not natives of _Foiigno , were ordered to leave the town within five days . Two davs ago a detachment of Austrians left Foiigno to arrest a de . magogue of our town , who has taken refuge at Fa . bnano , and to disperse some remains of the bands of Garibaldi . '
A letter from Rome , of the 11 th , states that ial persons are engaged day and night in preparing the h < apartments of the Pope at the Vatican , and it was _ras said that his Iloliness would arrive in the first week « 1 of November . NAPLES . —The ' Constitutionale' of Florence ici states on authority of private correspondence , that ha at Naples all the functionaries who formerly _hektelt offices under Del Carretto , were being reinstalled . led The Jesuits were omnipotent at Naples . We have received the following letter from ourou correspondent : —Naples , Oct . 1 . —All those whoivh formed the National guard on the 4 th May are to be ) b arrested , or at least cslled before the authorities , andan
the principal actors in the affair of that day are toe t be imprisoned aud severely punished . Within the ft last two days hundreds have been arrested—manyiai have fled in time—others are hid in different placesace Some of the noblest of the land have been _tkaggedggi to prison , with their hands tied behind their backsacl all through the Toledo . The' Messaggere' of Turin having been _proseiro cutedby the Apostolic Nuncio for an article _reprerepi tenting Pius IX . as' affecting a hypocritical mild mi ness , passing bis time at Gaeta in saying mass ans a having bis feet kissed by Sovereigns who are stte s more corrupt and treacherous than he , ' the jura ji gave a verdict of guilty , hut counsel having _pleadsleai prescription , as three mouths had passed since ttce publication of the articles , the plea was held to II to good , and the Messaggere acquvted . ( Continued to fit _Seveflthpage )
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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/ns3_27101849/page/2/
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