The court of cassation quashed the sentence, through defect of form, but sent Babeuf for a new trial before the Aisne tribunal, by which he was acquitted on the 18th of July.
At St Petersburg the talk was not of peace but of victory, and after a period of reorganization the Russians advanced afresh to a new trial of strength.
His efforts were now steadily directed to securing his restoration to the navy, and in this he succeeded in 1832; but though he was granted a "free pardon" he failed to obtain the new trial for which he was anxious, or to secure the arrears of pay he claimed.'
On a motion for a new trial on the 10th of November of the same year it was stated that he was furnished with affidavits contradicting the evidence that had been given by Kay and others with respect to the originality of the invention; but the court refused to grant a new trial, on the ground that, whatever might be the fact as to the question of originality, the deficiency in the specification was enough to sustain the verdict, and the cancellation of the patents was ordered a few days afterwards.
An appeal was made to the civil courts, which decided (1839) in favour of the New School; but this decision was overruled and a new trial ordered.
