The Administration of Justice at the Fortress of Louisbourg, 1713-1758 ~ Select Legal Proceedings of the Fortress of Louisbourg: Laliberté&Desriches&Larose

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The Administration Of Justice At The Fortress Of Louisbourg (1713-1758)

Summarized Court Cases,
Trials, and Interrogations: Criminal

1724

Procédure criminelle instruite contre les nommés Laliberté, Desrochers, soldats, et Larose, engagé, accusés et convaincus de vol de morue. (13 pièces non cottées.) Folios 457-488: G2 178 Folios 457-488 H J 31 Archives Nationales, Section Outre-Mer, G2, Volume 178

"Information" given by Thomas Couillaud Desares, October 20, 1724

[457-459] Statement made by Desares to Louis LeVasseur "Con^s. du Roy Lieutenant general civil et Criminel de l'amirautté de Louisbourg" at the request of De La Forest, the Procureur Général.

The witness declared that he was "mousse" on board the Fleure de Lis and that he was 18 years of age. He swore to tell that truth and affirmed that he was neither "parent allié servitaur ny domestique des parties ..."

He stated that "il y a environ et plus dun Mois et demy ne peut de poser plus precisement du temp" that he slept on board the said ship [460] with Gantier, "Charpentier." At approx. 2am three men came "Dans un Canot"' and boarded the ship after calling Gantier "et y embarquoit de la Molue quils avoient dans leur Canot, que le charpentir et le deposant setais Eveiller" and asked what they were doing. The men replied that they

"embarquoient de la Molue quils avoient Vendus au Sr. le Ray Cap^ne du d Na^re quelle Venoit de Ste anne quils en avoit des lettres que le deposant ny le charpentier ne prirent Voir accuse de lobsurité et Nayant pas de chandelle."

After they had brought their "Molue" aboard, "ils senfurent, le charpentier Ne voulant pas le souffrir coucher abord."

When asked if he knew the three men, Desares said that he knew only one - "desrocher soldat de Cette garrison, pour lavoir Veu plus^r fois venir a la pointe a Rochefort montrer a faire des armes au S^r. Le Ray." He believed that the others were "Matelots et entre autre un pour etre ceux de Mad^e. berrichon."

Desares further declared that the next morning he saw the men ask [461] Le Ray if he wished to pay them for the "Molue"" Le Ray answered that he did not, and Desrocher said that

"ils iroient avec un Canot abord pour la jetter a la Mer, a quoi le S^r. le Ray Repondit quelle Nen Sortiroit pas comme et qu'il Vouloit en faire sa declar^on."

Desares was asked "S'il Requient salaire a dit que Non."

"Information" given by Robert Gantier, October 20, 1724

[462] "Robert gantier charpentier du Navire la fleur de lis demeurant a bourneuf parroisse du bourg du Motier," age 27. After taking the appropriate oath,

	he declared that on the night that the "V^au. la Minerue est arrivé en Ce port" three men came in a "Canot" to the Fleur de Lis which was "mouillé en Cette Rade." The men called out several times and awakened [463] him.
	He "monta sur le pont ou il vit trois hommes qui debarquoient de la Molue de leur canot et mettoient abord."
	He asked to whom this "Molue" belonged, to which they answered that it was theirs, "quelle Venoit du port Ste anne et quils lavoient vendus au Sr le Ray ... " Since there was no light, he was not able to see the letter which they presented.
	He declared that he knew two of the men "Derocher soldat de Cette garrison qui Montroit a faire des armes au d S^r. Le Ray et lautre pour être un Matelot de Mad^lle Berrichon qui a ete cy dt Soldat de cette d. garrison dont il ne Scait pas le Nom ..."
	He believed the third man was a "matelot."
	He further declared that Desrocher asked if they might sleep on board, but [464] he did not wish to permit them, "et ensuitte il luy demanda un pieces de Cent [document damaged] et quelques chemises ou paires de bas [document damaged] luy reffusa." The next morning he went to the "grave" where Le Ray had spent the night to inform him of what had transpired the night before. He saw Desrocher and the sailor. They asked Le Ray for payment, but he said that he "ne vouloit point de leur Molue." Whereupon Desrocher "respondit puis quil N'en Vouloit pas ils iroient avec un Canot abord et quils [?] jetteroient dehors; et le Sr. Le Ray dit que Puisqu [document damaged] etoit abord elle nen sortiroit pas comme Cela."

Gantier was asked if he required a "salaire;" he answered "Non."

Signed by Gantier, Le Vasseur and Demarest.

Assignation of witnesses, October 20, 1724

[465] Le Vasseur ordered assignation of witnesses to appear that day - October 20 - at 4 o'clock in his "hotel" to give information concerning the accused. Signed by him.

"Decret deprise de corps" October 21, 1724 [Extrait des Registres criminels du greffe de lamirautté de Louisbourg Isle Royale]

[470] Having noted the "information" received by him the previous day, Le Vasseur orders that "Derocher Soldat de cette garrison dans la comp^e. de M^r. de S^te Marie, La Roze Engagé de la Dam^lle. Veuve Berrichon et cy d^t. soldat de la d. compagnie accusés et complices" be "pris aux corps et conduits en prisons de Cette place pour etre ouys et interroges Sur les faits resultans des d. charges et informations et autres Sur les quelle procureur du Roy les Voudra faire ouyr." They were to appear "a quinzaine et par un Seul en y public a huitaine ensuivant, Leurs biens saisis et annotés et Sur sceux Etably commissaire cequi sera executé Nonobstant apposition ou appellations quelconques & Sans prejudice de scelles."

Signed Le Vasseur "Colletionée" by Demarest.

"Conclusions du procureur du Roy" October 21, 1724

[487] De La Forest declared that after having seen the "informations" gathered by the Procureur "Contre les Nommes, Derocher Soldat de cette garrison; un des matelots de la dam^lle veuve berrichon qui a êté cydevant Soldat et un certain quidan, ordered that a "decret de prise de corp" be issued against the accused so that might be held prisoner to be interrogated concerning the charges against them. Signed by De La Forest.

Assignation of witnesses, October 24, 1724

[466] October 24 - Lorant certified to have given assignation to Gantier and Desares that day at 3 o'clock in Le Vasseur's "hotel." They were to given infor [467] mation concerning the accused. He told them that they would be paid "Salaires suivant La taxe qui sera faitte par "Le Vasseur. Signed by Lorant.

Interrogation of La Rose October 24, 1724

[471] Le Vasseur declared that he went to "une des chambres du fort de Cettte d Villes ou avons fait amener " La Rose who was a "homme de hauteur de cinq pieds deux pouces ou environ les yeux chatains portant barbe et cheveux frises Noirs ..." He was being held prisoner in the "fort" by Le Vasseur's order. La Rose "apres serment par luy presté la Main Sur les Saintes Evangiles de Nous dire Verité", was interrogated by Le Vasseur.

He declared that his name was "Jean Leger d. La Roze La fils de Simon et de [472] Marie Cicard agé denviron quarante et un ay Natif de Tour en Touraine ... parroisse de Roche corbon, Engagé chez la dam^lle. Veuve Berrichon en Cette Ville et cy devant Soldat de cette garrison" and of the Catholic religion;

	that Desrocher and Laliberté, soldiers in the garrison, came to him and said that "on leur avoit envoyé St. Pierre de la Morue pour la vendre, quelle etoit abord du batteau du nomme Tillard; ou il fut avec le d Laliberté pendant le jour et vit la d. Molue dans la Calle que le d. Taillard;"
	that one night Desrrocher and Laliberté came to find him and tell him that they had found "un Marchand" and ask him to help them deliver the "Molue;"
	that they had a "Canot" which the three men loaded with the fish - about 8 or 9 quinteaux;
	that they proceeded to the Fleur de Lis where they found a sailor and a cabin boy who were asleep;
	that Desrocher went on board to wake them up and they proceeded to take the fish on board when Desrocher told the sailor that he had sold it to Le Ray;
	that "il leur donna même deux pots de vin Blanc, quills Curent ensemble et ensuitte se Retirerent;"
	that they had boarded the "Canot," the owner of which he did not know, at approx. 1 am;
	that following that night they were "a la Cabane de la d^1le berrichon et deRocher et la liberté luy disent quils alloient chercher a la pointe a rochefort Le payement de leur Molues et quils Satisferoient" [474] him;
	that they hadn't promised him any fixed sum, but had merely said that they would satisfy him;
	that on board the Fleur de Lis Desrocher had asked "un Matelot [for] un ecus de sept livres, mais il luy fit Reponse quil N'en avoit point que son coffre etoit a terre;"
	that he had never been paid for his assistance;
	that he had heard since that the fish had been stolen "sur la grave de baron etant de celles du Nausfrage de la flute de L Isle St. jean ..."
	that he had not known at the time that they had been stolen since he had seen them on board the boat of Tillard and assumed that they had come from St. Pierre as claimed;
	that Tillard "y etoit avec deux hommes de son Equipage. quapres quils eurent charges la Molue Tillard dit a laliberté et Derocher qui songastent a luy rendre [475] son Louis de cin^te Livres douze Sols;"
	that Laliberté answered that they would pay him as soon as they sold the goods;
	that he did not hear why they owed the "Louis dor" to Tillard, but he believed "quil leur avoit donné ce Louis pour, au accompte de la d. Molue dont ils ne peurent, sans doute, convenir du prix;"
	that he did not know who the leader of the enterprise was since they spoke to him all together;
	that Desrocher was in [476] Ste. Marie's company and Laliberté was in DeLa Valliere's company;
	that he was told that they had several accomplices, but he did not know their names;
	that, because he saw the fish on Tillard's boat, it never occured [477] to him that it was stolen.

La Rose declared that his responses were true changed his "reponse du second article ou linterpretant dit que le pot dont il parle netenoit quenviron chopine etant de ses petits pots de fayance Et changeant Sa Reponse du quatriesme article dit quil ny eut que derocher qui luy dit quil alloit chercher payement de la Molue." He stated that he did not know how to write, and was then put in the hands of the corporal of the guard and returned to prison. Signed by Le Vasseur and Demarest.

"Conclusions du procureur du Roy pour decerner decret de prise de Corp contre Tillard" October 28, 1724

[488] After hearing the charges made against Tillard by La Rose, De La Forest requested a "decret de prise de corp]" in order that he might be questioned.

Interrogation of Tillard, November 4, 1724

[478] Tillard appeared before Le Vasseur by virtue of an order personally signified to him by "duneau archer de Marine faisant fonction de huissier" to appear at his "hotel" to give testimony in the case against Laliberté, La Rose end Desrocher. He was questioned after taking the oath to tell the truth.

François Tillard, son of Pierre a d Francoise Troplong, a 47, native of the "paroisse dalvert de la Trainblade Eveché de Sainte Navigateur de present Sur un batteau," of the Catholic religion.

[479] Tillard declared

	that on a certain night about two months previous he had not put "molue" aboard his boat, but that he believed that some soldiers had done so while his "batteau" was "echoue sur a grave pour le faire carenner ....;"
	that they had loaded 7 or 8 quinteaux aboard;
	that the next morning they came to him asking for "l'argent & sil vouloit la garder;"
	that one of them was "un petit homme [?] Matelots [in margin:. pecheur] de lIsle S^t. Jean portant cheveux Roux, " whose name he did not know, but whom he would recognize;
	that he had given a "Louis d'or de cinquante livres douze sols" to the sailor of whom he spoke, but it was for several "paquets [480] de Molues, "not for the fish that had been brought aboard;
	that he was not on board when the men came for their fish, so they had not told him that they had found a merchant;
	that a man name Pigeau had been there, but he was then in Acadia;
	that some days before they removed the fish, he had one of. the soldiers and had threatened to throw the fish in the sea;
	that he had asked about the sailor to whom he had given the "Louis d'or," but the man did not know where he was;
	that the fish was on his ship for three nights and two days and during this time none came to see it;
	that the [481] soldiers had not told him that they would give him a "Louis d'or" when they found a buyer for the fish;
	that he had not known the soldiers before;
	that he had been able to run after one of the soldiers to tell him to remove the the fish because one of the sailors from his boat had told him that he was one of. the men who had put the fish on board;
	that the sailor to whom he given the "Louis d'or" lived in the house of Marianne Pere;
	that when he went looking for him to get the fish he had paid for she told him that [482] he had been gone for three or four days;
	that he had gone to her house just after his return from Cap de Sable;
	that he knew where the sailor lived because "ce Matelot luy avoit cette année aydé s Mener un beuf chez pere;" (he was "remontré quil ne dit pas la verité puis le matelot etoit pour lors present. avec luy il etoit unutile dele demander," following which he replied) that the "Matelot ne luy avoit pas aydé a Mener ce boeuf, mais quil a confonder parcequil luy avoit parle chez Pere dans son precedent voyage, Lequel matelot fut le trouver le lendemain en luy demandant passage pour [483] l'accadie il luy dit avoit de la Molue a vendre que pour lors il Luy donna le louis dor de Cinquante livres;"
	that "comme il avoit veu cy d^t. faire la peche pour les habitans q^l. croyoit quil etoit un des pecheurs de l Isle, mais non de lEquipage de la flute les quatre freres;"
	that he had heard that the fish had been stolen from the "grave";
	that it was after hearing this that he threatened to throw the fish into the sea;
	that Pigeau had seen them loading the fish into the "canot," but did not think to stop [484] them;
	that no member of his crew was with him when "ces Molues furent Mises."

Signed by Le Vasseur.

"Decret d'adjournemnet personnel" November 4, 1724 [Extrait des Registres criminels de lamirautté de Louisbourg Isle Royale]

[485] Le Vasseur declared that after having seen the "information" gathered by him at the request of De La Forest, Procueur du Roi, against Desrocher, La Rose, Laliberté, and accomplices, and the "charges dans linterrogatoire du d. LaRose, contre le Nommé Tillard hab^t. de l'accadie," he ordered Tillard to appear before him "pour etre ouy par sa bouche et interrogogé sur [?] faits resultants des d. charges." Signed by Le Vasseur and "Collationné" by Demarest.

[486] Duneau, Archer de la Marine, certified to have notified Tillard that he was to appear before Le Vasseur in his "hotel" a 3pm. of the above date. Signed by him.

Summarized Court Cases,
Trials, and Interrogations: Criminal