High Treason Print E-mail
The Cumberland Pacquet - 25 Feb 1812
HIGH TREASON.

SESSIONS HOUSE, HORSEMONGER LANE.

MONDAY morning the Court met for the trial of twelve men taken in the
service of France. The Judges named in the Special Commission to try these
prisoners were the Lord Chief Baron MACDONALD, Sir S. LE BLANC, and Sir A.
CHAMBRE.

The first prisoner put to the bar was Wm. CUNDELL, alias CONNELL, a seaman.
After the Jury had been called and sworn, the Attorney General observed to
the Jury, that the Prisoner stood charged with high treason, in having
adhered to the King's enemies. The statute by which this was treason, was on
the 25th of Edward III, by that Act, no person committing an act of treason
out of the realm could be tried here; but by the statute of Henry VIII, it
was provided, that persons in the situation of the prisoner at the bar,
might be tried by such a Commission as the present; that Act also required,
that the treason should be proved by an overt act. To establish the
prisoner's guilt, several witnesses were called, who swore to seeing him in
a French uniform, and doing duty as a French soldier in the Isle of France;
and in one instance standing centinel over his own Captain, Capt. WOOLCOMBE,
of the Laurel.

Mr. BROUGHAM, the Counsel, addressed the Court and Jury, in the prisoner's
defence, trusting, as he might have departed with the French under the
capitulation, but preferred returning to his allegiance, that he would be
acquitted.

The Chief Baron read the evidence, commenting on it as he proceeded, and
observed, that the **** **** were all proved; how far the prisoner had made
good his defence, that he was compelled to join the enemy by fear of loss of
life, which alone could act as a justification, it was for the Jury to say;
they would recollect that the 140 who remained in prison had borne those
hardships till they were released by the capture of the Island by their
countrymen.

The Jury retired, and after being absent about ten minutes, returned with a
verdict of Guilty, at the same time recommending him to mercy. -- The
prisoner was a young man, apparently about 30 years of age. -- Adjourned to
next day.

Tuesday -- Cornelius PARKER was put to the bar, and the Jury being again
sworn, the Clerk of the Court read the indictment against the prisoner,
which charged him with four overt acts of High Treason, similar to those
which had been alledged against CONNELL tried the day before; there was a
fifth, namely, that the prisoner did maliciously and treasonably invite,
incite, and endeavour to persuade John YOUNG, a subject of the King, to
enter into the French service. After the facts charged in the indictment had
been proved,

Mr. BROUGHAM addressed the Jury on behalf of the prisoner. -- The Attorney
General replied. -- Sir Simon LE BLANC summed up the evidence, and the Jury
found the prisoner Guilty.

The next prisoner put to the bar was John TWEEDALE, alias TWEDDLE, charged
with the first four overt acts as charged against the last prisoner. The
circumstances of this man's case were more favourable than those proved
against PARKER. The Jury found the prisoner Guilty.

Wednesday. -- Charles BIRD was put to the bar, and it appearing probable
that he had worn the French uniform with the view of making his escape from
the island, the Jury returned a verdict of Not Guilty.

John QUIGLEY was next tried, and found Guilty. The Attorney General,
however, stated, that there were some circumstances in his conduct,
subsequent to his entering the French service, which, although they had not
entitled him to a verdict of acquittal, might operate in another place in
his favour.

Thursday. -- John SMITH, a carpenter, and a native of Liverpool, was put on
his trial. In addition to the circumstances proved against the other
prisoners, Joseph GROVES, who had been a shipmate of the prisoner's on board
the Magicienne frigate, said he had frequently heard SMITH say, while on
board that ship, that he wished the vessel might be taken by the enemy and
carried into Port Louis, that he himself might enter into the French
service, as he had done before. The Jury found him Guilty.

George ARMSTRONG was the next that was tried, and against him also a similar
verdict was returned.

Friday. -- S. M'FARLANE was charged, in addition to having entered the
French service, with attempting to entice one J. CURTIS to follow his
example; with assisting in guarding his fellow countrymen; and previous to
his entering the French service, expressing a determination so to do. The
Jury returned a verdict of Guilty, but recommended him to mercy, on account
of his not having been found in arms.

J. TEASTER, alias TESTER, was then put to the bar, when the Attorney General
addressed the Court in a speech of much feeling, and said that he considered
the ends of justice as answered, and therefore should here drop the
prosecution against the remainder of the prisoners.

Mr. BROUGHAM spoke in high terms of the humanity shewn by the Attorney
General as counsel for the prosecution, and trusted the mercy extended to
these unfortunate men, would not be misplaced; and that they would not repay
with ingratitude that country which had again, with so much mercy, and
forgiveness, opened her arms to receive them.

The prisoner at the bar, in consequence of their [sic] being no evidence,
was then acquitted, as were the three remaining prisoners, F. LAHEY, alias
LE HAY, J. TIBBS, and N. FRANCIS, whose countenance sufficiently evinced the
feelings of their hearts.

The seven unfortunate men who have been convicted were then brought to the
bar, when the Clerk of the Court asked them what they had to say, why
judgment of death should not be passed upon them? CUNDELL made no reply, but
bowed respectfully to the Court. TWEEDALE and PARKER fell on their knees,
and, with looks of despair, regarded their interrogator, but did not utter a
syllable. QUIGLEY expressed his sincere repentance for his past errors, and,
in a tone of voice rendered almost inaudible by grief, vowed, if he was
permitted, that he would fight for his King and his Country as long as there
was a throb in his heart, or a drop of blood in his body. -- SMITH,
ARMSTRONG, and MACFARLANE all fell on their knees and begged for mercy.

Baron MACDONALD then passed sentence to the following effect: -- "The scene
passing here is one which I least expected Great Britain would ever see.
Scarce a Session of Parliament passes that we do not find the conduct of the
British Navy spoken of in terms of high eulogium, and thanks voted to them
for their unparalleled bravery. Nay, scarce a week passes that our papers do
not teem with instances of gallantry, some further laurels reaped by our
naval forces. How unexpected, then, do I this day see so many seamen of
Great Britain convicted of high treason, of having deserted their King and
country, and of having entered into the service of the enemy. You (naming
the prisoners) have been convicted of this heinous offence, after
prosecutions conducted not alone with mercy, but with a degree of delicacy
which must have created the admiration of every person who witnessed them.
To murder a single man is dreadful, as it deprives the State of a subject;
but by joining yourselves to the enemy, and thereby anticipating the death
of numbers, is dreadful in proportion to the number of lives you might have
destroyed. Next to lifting your hand against your Sovereign, your crimes
could not have assumed a blacker dye. By your example, you have taught the
enemy to believe that they will reap, in our service, fresh aid, thereby
inducing them to press harder, and find in the British navy a nursery for
their seamen, and this under the eye of such meritorious officers as
Captains LAMBERT, CURTIS, WILLOUGHBY, and WOOLCOMBE; the former of whom
apprized you of your danger, and exhorted you not to forget your duty. Under
these circumstances it now only remains for me to pass that sentence upon
you which the law dictates -- a duty which, I am now growing old, I did hope
to escape -- but which, painful as it is, I am bound to perform. It is --
that you, and each of you, be taken to the place from whence you came, and
from thence drawn on a hurdle to the place of execution, where you shall be
hanged by the necks -- but not till you are dead; that you be severally
taken down while yet alive, and your bowels be taken out and burnt before
your faces; that your heads be then cut off, and your bodies cut in four
quarters, to be at the King's disposal."

The prisoners heard the aweful sentence with becoming fortitude, and were
re-conducted to their cells. Almost every individual in Court was dissolved
in tears during the melancholy scene. The Court then adjourned till the 30th
of April.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I hadn't known that they still had barbaric sentences like this in the 19th
century! I wonder whether the men were reprieved; after all, four of their
fellow prisoners were let off without a trial!

Petra
 
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