Justice
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Eric Krause, Krause House Info-Research
Solutions (© 1996)
Researching the Fortress of Louisbourg National Historic Site of
Canada The Administration Of Justice At The Fortress Of Louisbourg (1713-1758)
1718
- 1719
[102-104] Monsieur le Vasseur Ecrivain du Roy Commis d'office pour faire les fonctions du lieutenant Criminel en l'Isle Royale." September 15, l718 Etienne Louis Duport, Ecrivain du Roy acting as procureur du Roy, requests LeVasseur to order surgeon's report on the body of Jean Jacques, "de la paroisse de Genese diocese d'Auvanche pescheur du Sr Nicolas Berichon Bourgeois de ce lieu" who died in his bed from blows received 3 days before. Date of death September 14, 1718. Le Vasseur orders Jean Batiste La Grange "chirurgien habitué dans ce [104] pays en l'absence du frere Claude Barre religeieux de la Charité Etably chirurgien major pour le Roy," Laurant du Demaine "chirurgien du Navire du Sieur Desormes Saillam amiral des Batimens marchands de ce port, et Philippe Courty aussy Chirurgien du batiment du Sr. Denoye" to examine Jean Jacques body. Sept. 16, 1718
[105] Micoin, greffier and notaire, in keeping with the order of Le Vasseur, went to the homes of the three surgeons, Jean Batiste La Grange, Laurant au Demaine, and Philipe Courty - to inform them that they were to examine the body of Jean Jacques which was in the house of Sieur Berichon. Before doing so they were to appear before Le Vasseur to take the required oath. Following their examination, they were to make a written report of their findings. Done in the presence [106] of Philebert Genier, merchant of Louisbourg, and Brecour, resident of the city. Signed by Micoin ...
[107-108] Surgeons - Le Grange, Du Demaine, and Courty - certify to have visited the body of Jean Jacques, pescheur du Sieur Nicolas Berichon, in the company of Le Vasseur who was performing "les fonctions de lieutenant Criminel en l'Isle Royale." Signed by the above and Micoin.
[109] Jean Le Grange "Chirurgien major pour le roy Et a present Mestre Chirurgien establis a Lislle royalle a louisbourg, Laurend pinieux [Laurent du Demaine Pinieux] Chirurgien major du navire la Sste Elaine Commendé par monsieur desormes saillian amiral des navire marchand de ce port Et philipe Courty ausy Chirurgien major de la ste barbe Commendé par Monsieur penoye" visited the body of the late Jean Jacque at the cabanne of Nicolas Berichon where it had been resting for 24 hours. Visit made on Sept. 15. After opening [110] the body they found "au Col partie moyene et lateralle les vertébré faissee et les jugullaire orverte avec un grand etpenchement de Sang lequel dit Coup a. esté fait par [intram?] contendant, et de plus avons trouvé dans le ventre inferieur les intestin grislle confus et meurtry avec etpenchement de Sang clu Costé sinistre lesquel dit Coup Sy desus mantionné Luy ont Causé la mort Ce que nous certifions véritable." Signed by the three surgeons.
[111] Etienne Louis Duport, acting as procureur du Roy, requests the examination of witnesses of concerning the murder of Jean Jacques. In prison, accused of the murder, are Gilles Carbonnet, native of Avranche, and [112] Jean Samson, l'Anglois de Nation. Both had been living at the home of Réné Perré habitant, the one being his commis, the other "son Me de grave." [112] September 19, 1718, Le Vasseur orders the "assignation" of the witnesses to take place the next morning in the office of the greffe.
[113] Micoin, greffier and notary, certifies to have given assignation to Sieur Langot "sergent de la Companie de Pensens, a Jacques Gerard dit Lionnois menuisier, Jean Lambert dit Labbé Boulanger et au Nommé François du fort garçon de grave demeurant chez le Sr. Antoine Perré." He advised them to appear the next morning in the office of the greffe and before "le Lieutenant Criminel" to give information requested by the procureur du Roy. He "declaré quils seront payée de leur Salaire Suivant la taxe qui sera faitte par Mon. Sieur le Lieutenant Criminel et leur ay laissé a Chacun Coppie presence des Sieurs françois Creseunet Marchand habitant de ce lieu et Brecourt y resident." Signed by these two and Micoin
[114] Micoin certifies to have given assignation for the second time to François le Fort because the latter did not appear as required. Signed by Micoin, Creseunet and Brecourt. [115] Micoin certifies to have given assignation "a la Nommé passe partout Residents en ce port." Signed by Micoin, Creseunet and Brecourt.
On Sunday, September 11, between 8 & 9 PM as he was leaving, his house, having heard a noise outside, he saw Jean Samson "Anglois" "tranchour de M. de perré" with a "manche de boyard" in his hand with which he hit Jean Jacques on. the neck, knocking him to the ground. Gilles Carbonnet had "une Pelle a feu" in his hand. He picked up Jean Jacques and took him to the cabane of Sieur Rodrigue.
[117] On Sunday, September 11, a man he did not know "attaqua un Contrevent de René Perré avec des Juremens" defying the others to come outside. He called Gilles who was inside to come out, telling hin that he was from Avranche and that he knew him well. Those in the house believed that there were several people outside. Gilles Carbonnet "monta du Costé de la Porte du Jardin Sur la Maison" to see how many were there. Seeing only one man, he got down, and told his comrade that there was only one. Carbonnet took a "pelle a feu de fort." Jean Samson "n'ayant pû avoir aucun feremens ayant demandé au deposent Sa hâche quil ne Voulû luy donner." After looking around he found "un boyard quil demancha." Thus armed, they opened the door and followed the man.
[118] On Sunday, September 11, being at supper, he heard a noise outside. On going out he saw 3 men fighting. He went to them and saw that one had a stick in his hand with which he hit Jean Jacques. He recognized the assailant as Jean Samson. Jacques fell to the ground and "le baton fut cassé en trois." Gilles Carbonnet had a "pelle a feu de fort" in his hand, but he didn't not know if he hit Jacques.
[119] On Sunday, September 11, she was in the house of la Perré since she had promised, before he left for Lorembek, to care for his children and wash their clothes. Jean Jacques knocked at the door "pour avoir du Vin." Gilles Carbonnet did not wish to open the door because he believed that there were several soldiers outside, so he "monta Sur la Maison pour Voir ceque s'estoit." Seeing that Jacques was alone Carbonnet got down and went out with a "pelle a feu de fort." Jean Samson followed him with a "Manche de Boyard."
On Sunday, September 11, he heard a noise while at supper and since he believed that there were soldiers fighting, he did not go out. But then he heard a voice which he did not know "qui Crioit Monsieur Perré Vous me liss[?] assasiner devant Votre porte."
[120] Samson questioned by le Vasseur in the office of the greffe after having been arrested on a verbal order by St. Ovide de Brouillan," Cdr de Lordre militaire de St. Louis governeur." following a verbal complaint by Nicolas Berichon that the said Samson beat one of his fishermen to death. Jean Samson, native of Plymouth in England, "trancheur," residing in the home of René Perré, age 45. Testified
Signed by le Vasseur and Micoin. [Samson did not know how to write]
[123] Carbonnet questioned by le Vasseur in the office of the greffe after having been arrested on a verbal order by St Ovide de Brouillan following a verbal complaint by Nicolas Berichon that the said Carbonnet beat one of his fishermen to death. Gilles Carbonnet, native of Avranche in Normandie, "devant decoleur de la petite Perré a present leur Commis," living in Perrés's house, age 20. Testified
Signed by Le Vasseur, Micoin & Carbonnet.
[127] Introductory information same as for first interrogation [ff. 123-126]. Beginning of testimony also the same, but Carbonnet added
[131] Introductory information same as for first interrogation [ff. 120-122]. Beginning of testimony also the same, but Samson added
[135] Duport outlines the steps taken thus far in the case against Jean Samson and Gilles Carbonnet, and orders that the witnesses hear the information had already gathered, verify their depositions and confront [136] the accused if necessary. Results to be communicated to him. Le Vasseur repeats the same information, and orders, in his role as "Lieutenant Criminel," that the witnesses appear before him in the office of the greffe on October 3 at 9AM.
[137] Micoin certifies that he gave assignation to "Langot Sergent de Pensens, a Jacques Gerard dit Lionnois menuisier, Jean Lambert dit Labbé boulanger, françois du fort garçon de grave demeurant chez Antoine Perré et Magdelaine du faux femme du Nommé passe partout Residents tous en ce port." They were to appear before the "Lieutenant Criminel" in the office of the greffe that day at 9AM to verify their depositions and confront the accused. He told them that "il Serons payés De leurs Salaires Suivant la taxe qui Sera faitte par Mon. d. Sieur le Lieutenant Criminel." This done in the presence of Sieurs François Creseunet, merchant of Louisbourg, and Jean Morin, resident of the town. Signed by these two and Micoin.
[138-140] Du Fort, Langot, Lionnois, Labbé and Magdelaine de Faux swore to the truth of their depositions before Le Vasseur adding or subtracting nothing from their original statements. Signed Micoin, Le Vasseur, Jacques Gerard, and Langot.
[141] Copy of Le Vasseur's certification that he called the witnesses to appear on Oct. 3, 1718 to verify their depositions. This document notes, however, that the confrontation was to take place in "La Chambre du corps de garde." Signed Le Vasseur.
[142] Accused "A Esté amené devant nous par le Sergent de garde et deux Mousquetaires." Carbonnet confronted with Nicolas Langot and the statement made by the latter of September 20. Both take oath to tell the truth. After the reading of the "deposition et Recolement," the accused is given the opportunity "fournir presentement ses reproche contre la d. temoin." The accused said that he did not have any "reproche a fournir Contre le temoin," but after the reading, he said that "il est Vray quil avoit La pelle a feu quil reprit apres que Jean Samson Est donné le dernier Coup a Jean Jacques qui le fit oter de [143] deffous luy." Langot declared his deposition to be true,"et la ainsy Soutenu a Laccusé et que sest du d. Accusé present quil a Entendu parler par Sa deposition et Recolement." Signed by Micoin, le Vasseur, Langot & Carbonnet.
[144] Text identical with that of confrontation between Carbonnet and Langot [ff. 142-143] except that the accused adds that "cette [145] femme [Magdelaine de Faux] n'estoit Venue que pour avoir Soin des Enfans, comme Mad. Perré luy avoit dit et quelle avoit dit de luy donner a boite et a manger quant elle Vien droit dans la maison mais quelle nestoit point Venue dans le Dessein de faire mal, et que Jean Jacques appelloit aussy Jean Samson, et quil croit que C'est Lionnois qui demanda au d. Jean Jacques Son Nom." Signed by Micoin, Carbonnet, le Vasseur and Gerard.
Text identical with previous confrontations; accused had nothing to add to the statement of the witness. Signed by Le Vasseur, Carbonnet and Micoin. Witness declared that he did not know how to write, so he could not sign.
Text identical to previous confrontations except that the accused [149] asked the witness if it were not true that "l'homme qui Vint fraper a la porte Se mit a Jurer contre le d. deposant, et Contre Jean Samson et les mettre au deffit de Sortir, Sil est Vray quil demandoit du Vin." Witness acknowledged that this was the truth. Witness declared that she did not know how to write, so she could not sign. Signed by Carbonnet, le Vasseur and Micoin.
[150-151] Text identical to previous confrontations except that the accused declared that "il ne Se Souvent pas que lon ait Crié ah! Monsr. Perré vous me laisse assasiner devant votre perte." Witness declared that he did not know how to write, so he could not sign. Signed by Micoin, Carbonnet, and le Vasseur.
[154-155] Text identical with previous confrontations except that the accused declared that he did not believe that Jacques fell from the blow that he had given him. Signed by Langot, Micoin and le Vasseur. Accused declared that he did not know how to write, so he could not sign.
[156-157] Text Identical with previous confrontations, the accused adding nothing to the witness's statement. Signed by Micoin, Gerard [Lionnois] and le Vasseur. [There are 2 copies of f. 157]
[158-159] Text identical to previous confrontations, the accused adding only that he did not believe that Jacques had fallen from the blow that he had given him. Signed by Micoin and le Vasseur.
Text identical to previous confrontations, the accused having nothing to add. Signed by le Vasseur.
Text identical to previous confrontations, the accused having nothing to add. Signed by Micoin and le Vasseur.
[164] The two accused brought to confront each other in the manner of previous confrontations. [165] After hearing the testimony of Samson read, Carbonnet declared that it was not true that he had killed Jacques. Samson replied that it was true that Carbonnet had killed Jacques, but he had not seen him strike the victim. He had seen them "par terre Se Colleter et Se tire aux Cheveux." Carbonnet answered that it was true that he had seized Jacques and threw him to the ground. but he had not hit him. He added that while they were on the ground, Samson hit Jacques with the "manche de boyard," and that it was Samson who had opened the door and run after Jacques. Samson made no reply. Signed by Carbonnet, le Vasseur and Micoin. [166] Carbonnet's testimony was then read for Samson, the latter having nothing to add. Signed again by same three.
Louis le Vasseur asks the Council "nommer un assistant pour juger un proces Criminel" against Jean Samson and Gilles Carbonnet "attendu que le tem presse Ceque le Sieur Duport qui a fait-les fonctions [169] de procureur du Roy a la Request duquel les proces a este Instruit Sur Son depar pour france." Nov. 16, 1718 Soubras and St. Ovide name Sr la Fouss [Foust] as le Vasseur's assistant.
[170] Cotté 1 Request by le Vasseur & Daport for surgeons to visit Jacques' body Cotté 2 Order for surgeons to visit the body. Cotté 3 Oath taken by surgeons. Cotté 4 Surgeons report. Cotté 5 Request by "procureur du Roy" & "Lieutenant Criminel" for assignation of witnesses. [171] Cotté 6 Assignation of witnesses. Cotté 7 Second assignation of François de Fort. Cotté 8 Assignation of Passe Partout. Cotté 9 Statements of Nicolas Langot, Jean Lambert dit Labbé, Jacques [172] Gerard dit Lionnois, Magdelaine du Faux Passe Partout, & François de Fort. [173] Cotté 10 Interrogation of Jean Samson. [174] Cotté 11 Interrogation of Gilles Carbonnet. [175] Cotté 12 Second interrogation of Gilles Carbonnet. [176] Cotté 13 Second interrogation of Jean Samson. [177] Cotté 14 Request by "procureur du Roy" verification of statements and confrontations between witnesses and accused. Cotté 15 Assignation of witnesses for confrontations. Cotté 16 Verification of statements by witnesses. Cotté 17 Order for confrontation. Cotté 18 Confrontation between Carbonnet and Langot. Cotté 19 Confrontation between Carbonnet and Lionnois. [178] Cotté 20 Confrontation between Carbonnet and Labbé. Cotté 21 Confrontation between Carbonnet and Passe Partout. Cotté 22 Confrontation between Carbonnet and de Fort. Cotté 23 Assignation of witnesses. Cotté 24 Confrontation between Samson and Langot. Cotté 25 Confrontation. between Samson and Lionnois. Cotté 26 Confrontation between Samson and. Labbé. [179] Cotté 27 Confrontation between Samson and Passe Partout. Cotté 28 Confrontation between Samson and de Fort. Cotté 29 Confrontation between Samson and Carbonnet. [180] Cotté 30 Request by le Vasseur for an assistant and the naming of de la Forest. Signed De Fortoyzeau
[192-193] Le Vasseur, de la Forest, and de Fortoyzeau find the accused guilty and sentence them accordingly. Details of sentence found on ff. 187-188. Signed by the three mentioned and Micoin. Given in "Chambre d'Audience."
[181] Louis le Vasseur, "Lieutenant general de l'amirauté Ecrivain du Roy Commis d'office pour faire les fonctions de Lieutenant Criminal en ce Lieu," accompanied by Marc Antoine de la Forest "Ecrivain et procureur du Roy de lamirauté," and Louis de Fortoyzeau, "Ecrivain du Roy," "en la Chambre d'Audiance" demanded that Samson be brought by the "sergent de garde et deux mousquetaires" from prison "assir Sur la Sellette" and take an oath to speak and answer truthfully. Following which Samson was again interrogated. Jean Samson 45 years old, "masson de son metier et trancheur," living in Perré's house, native of Plemouth, England, Roman Catholic. Samson declared
Signed by le Vasseur, Micoin, de la Forest and de Fortoyzeau
[184] Preliminary remarks the same as for interrogation of Samson. Gilles Carbonnet, 20 years, "devant decoleur et a present Commis de [185] René Perré's" living at Perré's house, native "d'Avranche en basse normandie de la paroisse de St Genais fils d'Ollivier Carbonnett et de Gabrielle Beaumont ses pere et mere bourgois, et habitant du d. Lieu, "Roman Catholic. Declared
Signed by Carbonnet, Micoin, de la Forest, le Vasseur & de Fortoyzeau.
[187] Jean Samson declared guilty of murdering Jean Jacques and condemned on December 30, 1718,
However, after the evidence and a report of Le Comte dagrain were considered, it was decided that the two had been sentenced too lightly. Accordingly, Samson was sentenced
Sentence given in the Council Chamber in Louisbourg. Original signed by Dangeac, de la Perelle, Rousseau de Souvigny, Bois Berthelot de Beaucours Soubras, and Comte Dagrain, St. Ovide de Brouillan. [Copie signed by Sebatien, greffier au Conseil, dated February 10, 1718]
[190] After reviewing the evidence and findings of the case against Jean-Samson and Gilles Carbonnet, Duport requires for the King that Jean Samson be declared guilty of murdering the said Jacques
Signed by Duport. Summarized
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