Celebrated naval and military trials
Part 27
“We arrived at last at Compiègne. At the entrance of the suburb stood a non-commissioned English officer, who, on seeing his general, turned to the right and marched with gravity through several small streets, until he stopped at a small house in a very lonely part of the town. There we found an officer who received us very well, and we waited for Sir Robert’s carriage, which Mr. Wallis was to bring from Paris with him. That officer had ordered post horses for General Wallis, brother-in-law to Sir Robert Wilson, who travelled under his name. Mr. Wallis arrived about six o’clock, after having been followed a great part of the way by the gendarmes. We had not an instant to lose: the carriage advanced rapidly. We experienced a great delay at Condé, in getting through the town, but it was during the night. At last, next morning, at seven o’clock, we arrived at Valenciennes, the last French city on that frontier. I was beginning to feel more easy, when the postmaster told us to go and have our passports examined by the captain of the gendarmerie. “You forgot, I suppose to read who we were,” said Sir Robert calmly, “let the captain come here if he chooses to see us.” The postmaster felt how wrong he had acted; and taking our passports, he went himself to get them signed. As it was very long before he came back, I began to be tormented by a most horrible anxiety. Was I going to be wrecked in the harbour? Suppose the officer of gendarmes were to come himself to verify the signatures and to apprehend me? Fortunately, the weather was very cold, it was scarcely daylight, and the officer signed the passports without rising from his bed. We got out of the gate. On the glacis an officer of the preventive service wanted to see whether we were in order; but having satisfied his curiosity, we went on and stopped no more. We flew along the beautiful Brussels road. From time to time I looked through the black window, to see whether we were not pursued. My impatience augmented at every turn of the wheels. The postilions showed us at a distance a large house that was the Belgium Custom House. I fixed my eyes on that edifice, and it seemed to me as if it remained always equally far off. I imagined that the postilion did not get on. I was ashamed of my impatience, but it was impossible for me to curb it. At last we reached the frontier: we were on the Belgian territories; I was saved! I pressed the hands of Sir Robert, and expressed to him with a deep emotion, the extent of my gratitude. But he, keeping up his gravity, only smiled, without answering me. About half an hour afterwards he turned to me, and said in the most serious tone possible, “Now, pray tell me, my dear friend, why did you not like to be guillotined?” I stared at him with astonishment, and made no reply. “Yes,” he continued, “they say that you had solicited, as a favour, that you might be shot?” “It is very true. When a man is guillotined, they put him in a cart, with his hands bound behind his back; and when he is on the scaffold, they tie him fast to a plank, which they lower to let it slip thus under the knife.” “Ah, I understand; you did not like to have _your throat cut like a calf_.”
“We arrived at Mons at about three o’clock in the afternoon, and we stopped at the best inn. While dinner was preparing, I wrote a few letters, of which Sir Robert was kind enough to take charge; and after having gone with me to buy some things I wanted, and having given me two letters, one for the King of Prussia and the other for Mr. Lamb, the English resident in Munich, we separated,—he to return to Paris, and I to go farther into Germany and try to reach Bavaria.”
M. Lavallette, once out of the French territory, crossed a part of Germany, and entered Bavaria, the king of which country received him with great cordiality, and protected him against the French ministry, who insisted upon his being delivered up to them. The ever kind and hospitable Queen Hortense, Duchess of St. Leu, the mother of Napoleon III., offered him her house; and her brother, the famous Prince Eugène de Beauharnais lavished on him all the consolations of friendship.
In 1822, letters of pardon, granted by Louis XVIII., restored Lavallette to his native country; but, alas! when he arrived in Paris, in the midst of the congratulations that poured on him from all sides, one voice was wanting to thoroughly cheer him. From that momentous hour, when, with such overpowering energy, she had arranged his escape, and remained an hostage in his place, his wife had not seen him. And now, on his return, she knew him not. The unfortunate lady had lost her reason from the violent agitation consequent on saving him, and from her subsequent lying in when her infant died. M. de Lavallette was overwhelmed at the sight of her. He wrote to King Louis XVIII.:—“Your Majesty has restored to me a country and a home I prized more than life; but all your royal favour can never counter-balance this domestic misfortune.” Lavallette retired from public life, and lived in complete seclusion, which he only once left to go to London in 1826, and support Sir Robert Wilson’s election to Parliament. He repaid his wife by his daily care of her, and by unceasing and fond attention during the remainder of his existence. He died in France in 1830: she survived him many years in a hopeless mental state, and died not long ago. Their only child Josephine who shared in the escape, was well married, and, I believe, still survives.
To return to the Count’s three rescuers. A letter giving an account of the escape, written from Paris by Sir Robert Wilson to Earl Grey in England, was intercepted by the French police, and led to the arrest of all the three gentlemen, viz.: General Sir Robert Thomas Wilson himself, Captain John Hely-Hutchinson of the Guards, a member of the family of the Irish Earls of Donoughmore, and Michael Bruce, Esq., a Scotch gentlemen, and a scion, I am inclined to think, of the Bruces of Stenhouse, county Stirling. Their trial, which took place at the assize court in Paris, on the 22nd April, 1816, created a great sensation and attracted a very numerous auditory. It commenced at eleven o’clock. The president was M. Desèze _fils_; and M. Hua, advocate-general, acted as public prosecutor. The counsel for the British prisoners was the eminent Dupin, whose death occurred on the 10th of Nov. 1865.
Sir Robert Wilson appeared in grand uniform, decorated with seven or eight orders of different European states, one of which was the cordon of the Russian order of St. Anne. Captain Hutchinson wore the uniform of his military rank. When the accused were called upon to give their names and qualities, Mr. Bruce said with energy, I am an English citizen. The President observed, that though relying on their correct knowledge of the French language, they did not ask for an interpreter, yet the law of France willed that the accused should not be deprived of any means of facilitating their justification, even when unclaimed; M. Robert was accordingly named and sworn to that office. Four other prisoners were, for aiding in the escape from prison, tried at the same time, viz.: Eberle and Roquette, gaolers; Bonneville, Lavallette’s valet de chambre; and a chair-porter, Guérin. The trial commenced by a curious attempt to make the procedure of France accord with that of England.
_Mr. Bruce_, speaking in French, said, that although he and his countrymen had submitted to the law of France, they had not lost the privilege of invoking the law of nations. Its principle was reciprocity; and as in England French culprits enjoyed the rights of demanding a jury composed of half foreigners, it appeared to them that the same right, or favour, could not be refused to them in France. The decision of several eminent lawyers of their own nation had strengthened them in this opinion; but the justice which had been already shown them by the Chamber of Accusation, had determined them to renounce this right, and they abandoned themselves without reserve to a jury entirely composed of Frenchmen. That, however, no precedent might be drawn from their case against such of their countrymen who might hereafter be in the same situation, they had made special declaration of the purpose of their renunciation.
_M. Dupin_ moving the court that this declaration might be entered on the record, the Advocate-General expressed his astonishment at a claim in France, for an offence committed in France, of the privileges of a foreign legislature; and opposed entering the declaration. After some argument on the subject, the court pronounced the following decision: “Because every offence committed in a territory is an object of its peculiar jurisdiction, and because the exception demanded by the prisoners is not allowed by any construction of the criminal code of France, the court declares that there is no ground for recording, at the request of the English prisoners, the declaration now made by them; the court therefore orders the trial to proceed.”
The act of accusation drawn up by the Procureur-General was then read, which took up more than two hours. The Advocate-General briefly recapitulated the facts in the charge, distinguishing them as they applied to the different prisoners; and remarked that the Chamber of Accusation had already absolved the three Englishmen from the offence of having conspired against the legitimate government of France. After the interrogatories of some of the prisoners, the president addressed himself to Mr. Bruce. To the question of whether it was not to him that the first overture was made of transporting Lavallette out of France: he replied, “If possible I would have effected his escape alone; for I could not refuse a man who had put his life into my hands. I, however, obtained his consent to confide his secret to one of my friends. I spoke to one friend, who gave me a message to another. I will not name these friends.
Some of the interrogatories and answers that followed are curious:—
_President._—Bruce, have you been in Paris some time?
_Bruce._—Thirteen months.
_President._—You have had communication with the Duc de Vincennes?
_Bruce._—That is true, Monsieur le President; but I do not see what my friendship with the Duke has to do with the escape of M. de Lavallette.
_President._—You have manifested a great interest for Marshal Ney?
_Bruce._—That is also true, and I am far from blushing at it.
_President._—It is to you that the condemned Lavallette addressed himself for the means of leaving Paris and France?
_Bruce._—The 31st December, or the 1st January, I received an anonymous letter, in which the nobleness of my character was extolled, but I do not know whether I merited all the compliments that were paid to me. It went on to say: the confidence that I inspired determined the author of the letter to inform me that M. Lavallette was still in Paris, and that I could save him. I did not doubt the person who remitted that letter to me: I thought that in an affair of that nature one could not too much avoid indiscretion. The adventure of the escape of M. Lavallette appeared to me to have in it something of romance, and, indeed, something of the miraculous. I interested myself intensely about him, and I was easily determined to serve him. I know not if I were wrong, but I thought that honour and humanity would not permit me to do otherwise. I would not have placed any one in my confidence, but that I feared in acting alone to compromise him who confided his life to me. I informed a friend, whom I will not name, unless he thinks it proper for me to do so. We thought that it would be advisable to communicate to another friend. We arranged between the three the measures that we should take. On the evening of the 7th January M. de Lavallette went to the apartment of the second friend. I remained with him till twelve o’clock. I shook hands with him and quitted.
_President._—Tell us what passed in the apartment of Captain Hutchinson from the moment of the arrival of the condemned Lavallette.
_Bruce._—I have not mentioned Captain Hutchinson’s name.
_President._—But you have made it public by the inference and it is so from the interrogatories in which your two friends have made themselves known?
_Bruce._—We have made our interrogatories public because it was important for us to destroy the scandal that was spread regarding our conduct (at this moment Captain Hutchinson requested Mr. Bruce to mention his name). My friend, continued Mr. Bruce, has authorised me to mention his name; I can now admit that it was in Captain Hutchinson’s apartment that M. de Lavallette passed the night of the 7th to the 8th of January.
_President._—Did you not obtain a wig for the condemned Lavallette?
_Bruce._—I had nothing whatever to do with the wig of M. de Lavallette; the measure of the wig that was found in my house concerned a friend who was at Constantinople.
_President_, to Captain Hutchinson.—It was in your apartment that Lavallette was received on the 7th January?
_Hutchinson._—Yes, sir.
_President._—After Lavallette entered your lodging did not an unknown person present himself at your door to give to the condemned man two pistols that he had forgotten to take with him?
_Hutchinson._—My servant came to me and announced that somebody desired to speak to me. I went out to prevent the unknown person from entering. I perceived in his pocket a double-barrelled pistol.
The first idea that struck me was, that all was discovered, and I prepared to defend myself. I seized the pistol, the stranger did not resist, he only said to me, “You are, then, one of our friends;” I replied in the affirmative; but from precaution I would not permit him to enter my chamber.
_President._—When Lavallette left Paris you accompanied him to Compiègne?
_Hutchinson._—I did.
_President._—That which you did was only to oblige your friend?
_Hutchinson._—Not at all, sir. I was not moved by anything but a feeling of humanity.
_President_, to Wilson.—General Wilson, had you previously known Lavallette?
_General Wilson._—I had never seen M. de Lavallette before this event, nor had I the least knowledge of him.
_President._—You are charged with having conducted him out of France?
_General Wilson._—Yes.
_President._—It was you who asked Captain Hutchinson to receive the condemned Lavallette?
_General Wilson._—My friend Captain Hutchinson has done nothing but under my influence.
_President._—In conducting Lavallette, you passed by Compiègne, and you arrived at the frontier—you took under false names for Lavallette and yourself two passports, that you had the caution to get examined by competent authorities.
_General Wilson._—That is true.
_President._—Do you know that Lavallette was condemned to capital punishment?
_General Wilson._—Without doubt.
_President._—Are you aware that Lavallette was condemned as an accomplice of Bonaparte, in having joined a rebellious faction that brought back the usurper?
_General Wilson._—I know the history of the return of Napoleon, but I did not look upon M. Lavallette as having taken part in a conspiracy, because I always was convinced that no previous plot had existed to induce Bonaparte to re-enter France. His coming was spontaneous. Moreover, where it was a matter between my two friends and myself of saving M. de Lavallette, humanity spoke only to our hearts, and we were not at all directed by any political bias.
This open confession rendered superfluous, with respect to them, the testimony of any witnesses; the appearance of _Madame Lavallette_ was, however, too interesting to be passed over. At her entrance, a general murmur of feeling or curiosity was heard, and the three gentlemen saluted her with a profound bow. Overpowered by her emotions, she was scarcely able to articulate; at length, being told by the President that she was summoned only on account of some of the accused, who had invoked her testimony, she said, “I declare that the persons who have called me contributed in no respect to the escape of M. Lavallette (meaning _from prison_); no one was in my confidence: I alone did the whole.” Being desired to say whether she had ever seen or known the English gentlemen, she looked at them for a moment, and declared that she had never known or seen them before.
At a subsequent audience, April 24th, 1816, M. Dupin spoke for the English gentlemen, and his defence was a splendid piece of oratory. The case he reduced to the two propositions:—1. There was no act of _complicity_ between the accused persons and the principal culprit. 2. The fact imputed to them cannot be considered as a crime, nor as an offence. Part of his peroration was as follows:—“In ancient Athens, where the people were remarkable for their frivolity, but where the Areopagus was noted for its justice, a young man was condemned to death for having killed a dove, which, pursued by a hawk, flew to him for safety. It was adjudged that he who was without pity, could never be a good citizen. And shall we, in the nineteenth century, see men condemned for saving the life of another who put his fate into their hands?... No, this cannot be under the government of a prince whose justice, clemency, and benevolence recommend him equally to the love and the fidelity of his people. Under the rule of a descendant of St. Louis, humanity is amalgamated with Christian charity. This is indeed so, for the ministers of our altars present to us as the triumph of charity the act of that, holy personage, St. Vincent de Paul, who did not think he offended the laws of his country when he effected the escape of a poor suffering wretch from the galleys, by himself taking his seat and his chains. These sublime feats of humanity do not fall beneath your jurisdiction. Courts of justice are instituted to punish the crimes, not to proceed against the virtues, of men.” He concluded with an earnest recommendation of the accused to the court as _foreigners_ and _Englishmen_.
The proceedings having closed, _Sir Robert Wilson_ rose, and with dignified confidence delivered an address in French. Having acknowledged that he had been interested in the fate of Lavallette, on political grounds, he declared that such considerations had a very inferior influence on his determination.
“The appeal” (said he) “made to our humanity, to our personal character, and to our national generosity; the responsibility thrown upon us of instantly deciding on the life or death of an unfortunate man, and, above all, of an unfortunate foreigner—this appeal was imperative and did not permit us to calculate his other claims to our good will. At this cry of humanity we should have done as much for an obscure, unknown individual, or even for an enemy who had fallen into misfortune. Perhaps we were imprudent, but we would rather incur that reproach, than the one we should have merited by basely abandoning him, who, full of confidence, threw himself into our arms: and these very men who have calumniated us, without knowing either the motives or the details of our conduct—these very men, I say, would have been the first to stigmatize us as heartless cowards, if, by our refusal to save M. Lavallette, we had abandoned him to certain death. We resign ourselves with security to the decision of the jury; and if you should condemn us for having contravened your positive laws, we shall not at least have to reproach ourselves for having violated the eternal laws of morality and humanity.”
_Mr. Bruce_ delivered, in French, a speech of the same general tenor; his language was animated, and his tone firm and manly.
“Gentlemen (he concluded) I have confessed to you, with all frankness and honour, the whole truth with regard to the part which I took in the escape of M. Lavallette; and notwithstanding the respect which I entertain for the majesty of the laws, notwithstanding the respect I owe to this tribunal, I cannot be wanting in the respect I owe to myself so far as to affirm, that I feel not the least compunction for what I have done. I leave you, gentlemen, to decide upon my fate and I implore nothing but justice.”
The President concisely summed up the evidence, and gave his charge with great impartiality and much eloquence. The jury retired to deliberate, and in about two hours returned with a verdict of guilty against Messrs. Wilson, Bruce, and Hutchinson, and not guilty as to the other prisoners, except Eberle the gaoler, whom they convicted of the minor offence of negligence.
The President then read the article of the penal code applicable to the charge proved against the three British subjects, in which the punishment prescribed was imprisonment for a term not exceeding two years, nor less than three months; and without hesitation he pronounced for the shortest allowable term.
Each of the three British subjects was accordingly sentenced to three months’ imprisonment and the costs of the trial. Eberle, the gaoler, was sentenced to two years’ imprisonment, and after that, to be ten years under the surveillance of the police. The President announced to the convicted that they had three days allowed to appeal to the Court of Cassation. Bruce, Hutchinson, and Wilson, would make no appeal against the judgment and passed their three months of imprisonment at the Conciergerie. It was intimated that Louis XVIII. would willingly have respited them, had they asked his pardon, but this they respectfully declined to do. On their return to England, all parties, Tory, Whig and Radical, received them with enthusiasm. The nobility and fashionable world fêted them, and the public lavished praises on them. The Prince Regent, wishing to act with official strictness, deprived Hutchinson of his appointment as Captain in the Guards, but on his fellow officers exclaiming against such harshness, he restored him to his regiment and rank.
Mr. Bruce was entertained by the Countess of Bessborough at a _déjeuner_ where he met the Duke of Wellington, and received his Grace’s congratulations. The electors of Southwark, to mark their sense of Sir Robert Wilson’s noble conduct, returned him as their representative to Parliament. Sir Robert, who was a clever writer, as well as a good soldier and an active politician, died in 1849, after a chequered but honourable public career. Captain Hutchinson, who for many years after the trial was known by the _sobriquet_ of “Lavallette Hutchinson,” died in 1851, third Earl of Donoughmore, which title he inherited from his uncle, the eminent General Lord Hutchinson, second Earl of Donoughmore, who took the command at the close of the victory of Alexandria, after Sir Ralph Abercromby had been borne, mortally wounded, from the field.
The Lavalette name is at this day of important note in France, the Marquis of Lavalette being the present able and popular Minister of the Interior there. It appears, however, that he is no relative of the Count of the escape, and has had naught in common with him but the name, and hardly even that, for it would seem, the count spelt its second syllable with the double _ll_, where the Marquis has but one. In here acknowledging the communication I have had the honour to receive from M. le Marquis, whose obliging amiability fully tallies with that ready and cordial attention one is ever sure to receive from high officials in France, as well as in England,—I must add that I should be very glad indeed, if I, or rather some one more competent than myself, could take advantage of the Marquis’s courtesy, and, by thoroughly searching all French archives relating to the subject, bring out the full details and the whole truth of this most mysterious and most interesting affair—the escape of Lavallette.
LEWIS AND SON, Printers, Swan Buildings, Moorgate Street.
Footnote 1:
Dibdin uses his name freely: here is a specimen from his “Peter Pullhauls Medley.”