תמונות בעמוד
PDF
ePub

brother, with the exception of the share of his sister, who married M. Debreton, against whom proceedings for forgery had been instituted at Edinburgh. The president reminded him of the evidence already given of his identity, in answer to which, he insisted that they must have been deceived by his extreme resemblance to his brother. At last the prisoner objected to be questioned by the president.

President. You do not understand what my duty is.

Prisoner. It is not thus a judge acts in England; a judge there is impartial.

President. So is he also in France. I put questions to you for your interest, but you do not reply to them with any precision. I ask you no insidious questions. Why did your brother call himself Harper?

Prisoner.-Harper is the name of a person who left him money, on condition that he should take the name of the testator.

President. You say you got clothes made similar to your brother's what tailor made them?

Prisoner. Why do you ask such questions? As I know that the Belgian government is despotic, I shall take good care not to mention the name of the tailor, for that would only get him thrown into prison.

In answer to these questions, the prisoner sketched with a pencil a plan of the yard of the inn at Courtray, to explain the mode in which he said his brother escaped.

The Court then proceeded to examine witnesses to prove the prisoner's identity. Several persons, with whom he had lodged or associated, deposed that he

was the William Harper or M'Dougal described in the indictment, and that he used to speak French perfectly well.

Major Foley, of the British service, recognized the prisoner. He had dined with him, and had seen him more than fifty times.

The prisoner put questions to the witness, which were interpreted to the Court. The major said, that he observed no difference in his style, except that in 1820 he spoke like an Englishman, whereas now he assumed a Scotch accent, which might be easily imitated.

M. Beyerley had become security for the prisoner to amount of 800 francs, which he was obliged to pay. He afterwards challenged him, and they were to meet in the Bois de Vincennes, where the witness waited three hours and a half after the time appointed, but the prisoner

never came.

President. Are you quite certain of the identity of the prisoner?

M. Beyerley. I have not the least doubt. If he will take off the handkerchief which he has tied about his head, you will see that he is bald.

The prisoner refused to remove the handkerchief, until all the witnesses had been examined respecting the colour of his hair. He said the truth was, that M. Beyerley had endeavoured to swindle his brother out of 800 francs. This he would prove by the testimony of Mr. Manning.

Mr. Manning (an English soli. citor) was immediately called. He stated that a captain Harper, who appeared to be the same person as the prisoner, had consulted him on his difference with

M. Beyerley. The dispute was settled by arbitration.

M. Beyerley was again called up, and went into details respecting the life of the prisoner, who, he said, had been married in Edinburgh under the name of Debreton, and had, under that name, published a French gram

mar.

The prisoner was repeatedly checked by the Court for putting insolent questions to the gentlemen and other witnesses.

Several tradesmen with whom the prisoner had dealt identified him. A Mr. Drake had sold him three horses, for which he was paid by bills on M. Barillon.

The prisoner asked this witness, whether he thought a Scotsman could imitate the English accent.

Mr. Drake.-I cannot tell. The Advocate-General.-The witness, it is true, is an Englishman; but he is a connoisseur in horses, and not in languages.

M. Barillon had not the slight. est hesitation in recognizing the prisoner, who spoke French perfectly. A captain Harper had been arrested in London instead of the prisoner; but the innocence of that gentleman was soon proved, and it was ascertained that the prisoner's real name was Debreton, and that he had been a teacher of languages at Edinburgh.

Mr. Sloper, an English solicitor, stated, that he had been consulted by M. Barillon on a letter of credit produced by a person calling himself Harper, and that he had seen no reason to doubt its authenticity.

He had seen the prisoner at M. Barillon's bank, and now recognized him.

The Court adjourned to five
VOL. LXIII.

o'clock. Having re-assembled at that hour, the advocate-general and the prisoner's counsel were heard, after which the president summed up the case.

The jury having deliberated for three quarters of an hour, declared the prisoner Guilty-1st, of forgery of commercial and banking writings; 2nd, of having used a forged stamp of the Bank of Scotland; 3rd, of forgery of private writing."

The sentence of the Court was, eight years hard labour, pillory, branding, and 500 francs fine.

30. THE BARCELONA FEver. -M. François, a member of the French commission sent to Barcelona, has written a letter of this date, to M. Bertin, a physician in Paris, in which he gives the following particulars relative to the Barcelona fever:-" The contagion appears to show itself visibly. Its point of departure is marked, its progress traced; it may be said, that it is seen passing from one individual to another. Those, who devote their cares to friendship, rarely fail to pay dearly for their humanity. In a house inhabited by fourteen persons, all have been attacked, and eleven have died. The progress of the disease is often so rapid, that there is not time to try any remedy. The patient dies as soon as he is taken ill. In general, however, the sickness lasts seven or nine days. It would require many pages to describe this terrible fever, it presents so many anomalies and deceptious appearances. Sometimes the attack is slight, and a deceitful appearance of convalescence gives confidence to the attendants at the moment when the patient is expiring. At other M

times the most terrible symptoms manifest themselves at once, such as petechial spots, echymoses, and jaundice. Blood issues from all apertures of the body. Fetid and diluted blood flows copiously from the tongue. The usual evacuations are black and sanious. What is vomited may after dilution in water be compared to the oxyde of manganese. The body is cold as marble, and the pulse insensible. Involuntary cries are uttered, though the patient is in perfect possession of his mind, and so continues until the heart ceases to perform its functions. When the vital energy sinks, it cannot be again revived; the benumbing poison of the contagion destroys it. The body of the patient then exhales miasmata, not perceptible to the senses, which attach to bedding, clothes, furniture, and even the walls of the apart ments (as, from numerous facts, there is reason to believe), which then become capable of infecting individuals more or less promptly according to their predisposition. The disease appears to have its seat in the nervous system. It successively paralyzes the different viscera. The kidneys cease their functions first. The body, which may be called a corpse still animated, exhibits all the symptoms of decomposition. Some patients, after exhibiting all the signs of complete dissolution, have by degrees returned to life, and have been cured. It requires courage, I assure you, and the most perfect self-resignation, to approach and touch certain patients. The stomach appears to be the most constant point of attack. It is subject to a kind

of irritation which is quite sui generis. Its state must not be confounded with a phlegmasia, though gangrenous parts are often found in its interior. There is no inflammatory appearance in the yellow fever. After the convulsive spasms which mark the commencement, atony soon takes place, and the extinction of life follows. At present the intensity of the disease appears to have abated, but still from one to two hundred die daily. Scarcely a week ago the number was from two to three hundred."

DANISH MISSIONARIES

IN

GREENLAND.-Interesting news has been received at Copenhagen, of the missionaries in the Danish colonies in Greenland. Greenlanders from the southern parts of the country near Statenhock to the colony of Julianehak, have informed the missionaries, that they were very desirous to become instructed in the Christian religion. They were not, however, inclined to leave their "beautiful country," as they called it, but wished the missionaries to send them teachers. Kleinschmidt, the Moravian missionary, was accordingly commissioned to pay them a visit. He went last summer, and remained there from the 3rd, to the 10th of July. The success of his undertaking surpassed all expectation: he every where found a great number of men desirous to become disciples, and once had 300 attentive hearers. He estimates the whole population at 500.

The inhabitants showed the missionary a beautiful verdant peninsula of considerable extent, which, on the opposite sides, has bays capable of forming convenient ports.

The great high-land of this country is apparently the extreme point of the continent, from which Statenhock is divided by a narrow sound which runs towards the east. The country is adapted for European settle ments. The sea is never frozen, and the Greenlanders, have never, in this part of their country, suffered from famine. The direction of the Moravian congregation proposed, at the same time that they transmitted their report, that his majesty should, for the purpose of instructing the above-mentioned heathens in the Christian religion, permit a missionary establishment to be formed at Statenhock, similar to those already founded in three places in the other Danish possessions on the coast of Greenland, The royal permission to this effect was granted,

31. The erection of a monument at Wittenberg, in honour of Martin Luther, was commemorated with great solemnity. The day being extremely fine, the concourse of people was very great, and the whole was conducted with a degree of order and solemnity suitable to the occasion, and which made a profound impression on the spectators. The statue of the great reformer, by M. Schadow, is a master-piece of art. Before the statue was uncovered, the ancient and celebrated hymn "Ein fester Burg ist unser Gott" was sung in chorus, and had a surprisingly sublime effect. Dr. Nitsch then delivered a suitable discourse, at the conclusion of which, a signal being given, the covering of the monument fell, and disclosed this noble work. Many of the spectators, overpowered by their feelings, fell on

their knees in adoration of the Almighty, who gave their country this great man.

The preacher then put up a solemn prayer, concluding with the Lord's Prayer, after which the whole assembly sung the hymn, "The Lord appeared, and restored to us his work through his servant."

In the evening a bright fire was kindled in iron baskets placed around the monument, and was kept up the whole night. All the houses, not excepting the smallest cottage, were illuminated; the town-house, the lyceum, the castle, and the barracks, were distinguished by suitable inscriptions, and a lofty illumination between the towers of the town announced the sense in which the inhabitants of Luther's native place honoured his memory. The students from Halle, Berlin, and Leipsic, conducted themselves in the most exemplary manner, and went at 11 at night to the marketplace, where they sung several academic songs.

FRENCH CENSORSHIP.-From the 1st July, 1821, to the 31st of October, there have been suppressed by the censors in the Constitutionnel, 24,495 lines, which, added to the 88,425 lines previously suppressed, since the establishment of the censorship (3rd April, 1820), form a total of 112,920, which at the rate of 700 per number, are equal to the matter of 161 numbers of the paper, and 220 lines over- (five months and eight days. Constitutionnel.

AMERICAN LAW CASE.-Supreme Court of the State of Ohio for Jefferson County, October Term, 1821; present, Peace, Chief Justice, and Hitchcock,

Judge. The State of Ohio v. Elizabeth George.-This was a prosecution by indictment against the defendant, a woman of colour, for the murder of her infant.

The traverse jury being empanelled and sworn, the counsel for the state offered Mary Cooper, a black woman, as a witness, to prove the fact of killing. The counsel for the prisoner objected to her being sworn as a witness, on the ground that she was incompetent to give evidence in the cause by the statute of this state, amendatory to the act intituled, an act to regulate black and mulatto persons. The section of the law, upon which the objection was founded, is in these words:"Be it further enacted, That no black or mulatto person or persons shall hereafter be permitted to be sworn or give evidence in any court of record, or elsewhere, in this state, in any cause depending, or matter of controversy, where either party to the same is a white person, or in any prosecution which shall be instituted, in behalf of this state against any white person." The witness offered in this case was pure black; and the prisoner was admitted to be a quadroon or one fourth black. It was contended by the counsel for the prisoner, that the term mulatto, made use of in the statute, did not include all the different grades of people of colour between white and black, but was confined to half bloods, or the offspring of a white and black, and that such had been the decisions of the courts of this state; and that, as a consequence, this defendant, not being a black or mulatto, was to be considered as white, and entitled to all the privileges of a

white. It was also insisted, that the intermediate grades between black and mulatto were to be considered as black. It was admitted on the part of the state, that it had been decided that the term mulatto extended only to half bloods. But it was said, that in putting a construction upon the statute law in question, two questions arose

1st. Who were included in the terms black and mulatto, and thereby disabled from testifying?

2nd. Who were included in the term white person, and therefore entitled to the privilege of excluding blacks and mulattoes from testifying against them?

It was admitted by the counsel for the state, that when the legislature excluded blacks and mulattoes from testifying, it might be a fair construction of the statute, to suppose that they intended also to exclude the intermediate grades between blacks and mulattoes; because there would be the same reason for excluding those who were than half black, as there would be for excluding mulattoes.

more

But it was urged, that the legislature, in describing the cases where the disability was to operate, had made use of the term white person alone; that the term white person, in common parlance, meant one who had no mixture of black blood, and was used in contradistinction to persons of colour, or those who were wholly or in any part black. There was no instance in any dictionary of the English language, or in any other book, where the term "white person" was not limited to those who were pure white: that the distinctions which exist in society,

« הקודםהמשך »