Star. — London, England, 1820-10-30 00:00:00

- - , • 77i .;• NiT at DER 10.509.' 7RIAL OF THE . QUEEI4I:: • HOUSE OF LORDS, OCTOBER .211. . TWENTY-THIRD DAY OF THE DEFENCE The Kmo's ATIOANav-GraelLAT. (Sir IL tirroan) . saPpOrl of the prosecution. (lit cotiratuntion Iml Me first Edition ySisturde g es Stait.) iire could not suppose that the Princess of Wabes, who had bees wedded to a husband whose glory it was to have been tit the head of an alliance whitla had crushed that tyrant - 10 the elusb•—be could not suppose it possible, that she would prefer, above ail others, individua!s who had•been the followers of that upstritt despot ; but, so it was, that Bergami, the favouied Bee. semi, bad been a soldier in Napolcoo's army; that Nassau, her . Majesty's equerry, had, for a time, served under the same Chief; that t'ol. Oliviera. her joint-chamberlain, had also betii military adv.:mitt-yr, raised into consequence by the wars of the Revolution; ani, in addition to these facts, that her Royal Highness had thought It becoming in her, as a.Britisla Princess, to personate. at a masted ball the Genius of,History, in order to "'wawa with laurel tu: man who was one of the chiefs of that re volutionary band, in opposing whom the best blood of her awn nearest relatives had been shed, and so much-of the resources of that country, of which she was so soon about to be 'Queen, bad been expended ! What became (said the Learned Counsel), after such tacts as these, of the sarcasm of his Learned Friend?' k could nor be said that Sacchi was undeserving of credit, while his testimony remained uncontradicted. His Learned Friend. air. Brougham, had dwelt mush on &eche* changing his name, wllich he said was in consequence of the riot at Do ver, although sr was found that he had changed it twelvemonths before. But .t would appear from the evidence, that he did not allude to the trover riot when he gave the answer to the hot question as to caanginz his name. He said he took a new name, in consequei:ce of the tumults, and the danger he should incur. The fact was, he came over as Milani, and changed his 'name afterwards in consequence to the riot which happened at Dover. But now for the evidence itsaf. Sacchi states that he was a courier to her Royal Highness, an.i travelled in that capacity from Rnme to d..-negaglia. lie is hardly cross-examined on that point, although he was cross-examined at great length as to his former situation, as to his change of name, and other unim postant circumstances. With regard to the journey from Rom.: to Seitegaglia, Sacchi is left without a single question. It such questions bad been put, the Counsel would then have supposed u there was some intention to . Contradict him; but this not being the case, no one expected it would be attempted to refute his evidence. His Learned Friend, in the.apening of toe defence, had said, that be would negative the assertion of Sacchi by a person who was in the carriage at the.time. He (tut Attorney-General) wished such a witness bad been, produced; it would have beta worth ten such as Carlo Forte, unsupported as he was by other testimony. Now, as to this Carlo .Etirte, if he was found to be cuiltradicted by evidence on the same side, and.not, supported by it, their Lordships would see how far his evidence was ea• titled to credit in contradiction •tii the testimony "of Saechi. Carlo roue stated that he was co..cier to her Royal Highness When at Milan, and that he applied to her in consequence of being out of service.at the dine. Vassali says ...at Carlo Forte entered her Royal Highness's service at Rome, but provisionally at Loretto. That he was - seift to Itonie with dispatches, in con sequence of his being a native, That lie, Vaasali, accompanied the Princess from Loretto to Rome,. but Carlo Forte set-out as a private • individual. • • Mr. Heenan complained that the . Attorney...reer 'sal did not and the whole of the answers from the .lainutes s but garbled extracts. _ _ . The Arroaser...Gratimat. thanked his Learned Friend for the hint, and then read tlie evidence relating to this subject at some length. Carlo Forte swears that he was hired at .Milan, and that he went from Milan in" the "service of - her Royal • Highness.— Tama says he was not then in her service. Here, then, Casio Forte was contradicted at the very outside of his evidence.. Now, as to the proof that Sacchi did ow 'Java troth Rome to Smegaglia, Carlo Forte states, that .Sacchi went in a caratelka, and that he, Forte, accompanied her Royal Highness as courier. The reason stated why Sacchi did not travel as courier, was an acci dentate had, two months before. Could that, he would ask. be reasoei why be did not ride on horseback ? It was iricreaiok that a man should labour under that accident two months beture he was able to resume what was his occupation, riding on horse back. .Now, as to the carriage, Carlo Forte states it was a landa.ulet, with curtains which drew aside. tie say% there were .only three carriages, and that Sacchi set out before the Princess, Now for the evidence of Hownam and Vassali. Hownam will not ventuft to swear that Sacchi did net travel as courier in that journey. He says, the Princess travelled in a landaulet. It was but weather, and they travelled by night ; that the Countess Oldi and Bergatui travelled in the same carriage with-the Prin.. eess, although it was hot weather, and they travelled by .-ight. " You would have thought," said the Learned tientlemaii, " that in • hot weather it would have been desirable that the carriage should have been less crowded; and that although it could not be expected that she should part with Bergami, yet bee Royal Highness might have sent the Countess of thdi into another carriage, where there was a vacant ,place, since there could be no impropriety is being alone with. Bergami, when they had slept five weeks together under the same tent. The Learned Gentleman inferred tram this, and from the fact of the Coun tess of Oldi not being called, that the evidence of Sacebi was entitled to the fullest credit. 'l'he Learned Counsel begged to know why the letters of De Mont, of which so much hail been said, were not produced?. why the supposed challenge from Mr. Hownam to Ompteda had not been offered to their Lordships? But it seemed that there was something of a powerful nature indeed in her Royal Highness's favour, which rendered it unne cessary to attend to little -circumstances of this description.— Rutelli was called !. Oh, most fortunate for the Queen. Her Counsel were to .produce, in that witness, a recompense for all the losses to which she bad been subject in the course of -this investigation. After ; having one on with the wind with the English witnesses, until the. evidence of Lieutenant Flynn was blown to steins; and the admiesions of Mr. Hownam, which after ail were ten times m o re ruinous to the defence than the miserable exhibition. of Flynn, 44 taken place, Ras. telii became a subject of observation, and the Counsel`. for the defence went back to him with some. great design. It bad been said that liastelli's absence was an, irreirable dis advantage to the Queen. In his conscience he 'believed it, that she nad.benefited by that absence, beyond all calculation.— At the very moment they were sinking in their evidence, 'they turned about, and commenced an attack; on Ataitelli. Then tame the account of . the conspiracy ; and Mr. "Denthalls in alluding to that subject, took the opportunity to attack Mr- Powell. With confidence he appealed to - their Lordships' to acquit Mr. Powell of any improper view, however they were that he bad committed an error in judgment.• Could their Lordships, fur a moment, suppose, that his object was to seasove Rastelli from further .emmination, and that that witness *ad heen, as was insinuated, spirited away ? If Rastelli had been km at the time, did their Lordships suppose, that her Majesty's Counsel would have been so rash as to call him ? Nu, no. What had they done with respect to Sacchi? Was net the refusal to examine that witness, after haying threatened to call him back, sommentary upon the cuuduct they meaut ex have adopted towards Rastrili The absence of that nun was, he would re teat, one of the most fortunate circumstances far the Quern that could have taken place. A clamour was excited ; and, if he had been kept in this country, not one word would have been said about him. Here the Learned Counsel took the► opportunity to defend the Milan Commission. The most powerful necessity existed for the enquiry, and those persons who were most admirably qualified, by their talents, their integrity, and in dustry, were selected for the occasion.; ale. Cooke was ce kbrated for his legal kouwiedge,' and his skill in detecting lialathoud—Colunel Brown was a perion pf equally respectable character ; and Mr. Powell, whose character qualified him also fur toe situation,co-operated with , those Gentlemen— and could it be said, hat, because alr..Powell bad been joined is the commiasion, he should not have examined witness4o His right to do so was as indisputable as that of Mr. Vizard. But this bad been said for ..he purpose of affecting the character of Air. Vow.% who hail, A was evident to their Lordships, I. 7' . - . • att-d from no sinister view. It would be.reaolleeted. that Rat tail had been asked, for the purpose et shaking his teatimeey, whether he had not had a eonversatiOn with Vase.* upon the subject of his discharge from her Royal Highness's service? This Ramp denied. live, why, when Vaasa was vadat ex amination, 4. is be not asked a question about this conversation ? Because ne such thing had ever taken _place. The Learned ' Counsel then adverted to the evidence respecting the scene in the grotto at Villa d'Este, and contended that" the persons pro- duccd to .contradict the testimon of the scandalous =bilk. *en - of the statues ilea' y inpleiely filled. 4le *en called the attention of their Lend**. to • the .dance of hlahomet, which he said was one of the most indecent apse:tar-lei that ever appeared. Mr. Heyman had said It was a dance in &Voile of the Doctor anti it was from thence inferred that It could not have been indecent. It seemed that he had been present once with her Royal highness when it was per formed; •supd Vassal' had Was seen Mahomet's dance. But what signified it whether they had seen this dance once or not ? Mr. Granville Sharpe had been called upon by the Learned Counsel, • who saw the charge was indeed a desperate one; but what had that Gentleman stated? That be had seen the dance at Calcutta! it was, belae sure r a *try eict4-1 . _ _ . . lees inference to draw. from thireirionistanCe 4/saving men a,. dance at Caleutta, that it must have been Massone iss ftaly tisiegit). A ir But what bad the enliglithod eir Wilkes Get, Who was deeply vers'd is itelitisio -ksosleilie, said? That it was n 1 more indecent than the Spanish Bolero! Why, he (the - - torney-General) had heard and read of this tiltionish Bo lero; that it was sometimes so : ind :Scale that no - decent female could be present for a moment at such an exhibition. Mr. Denman had, indeed, endeavoured to relieve - the genend disgust excited by the evidence. by assuring their Lordships that Drury-Lane Theatre would treat the public with the dance; and thus ingeniously endeavoured to 'destroy the effect of a charge which couldpever be connadictod• by evidence. The balls at the ilarona were also defended by the Counsel for her - Majesty? Where bad those balls been given ? At the Villa Bergasni—not at the house of her ; Bond Highness, as it had been said, to amuse her domestics, but, at the Villa of the great favourite—and who were at those MVO—the worst, the very refuse of society; and amongst the rest, the dower of gentility !—fa luug4)—the daughter of the innkeeper of St. Christopher°, Who had been excluded from those balls, given as, they were for the innocent amusement of the domestics?—one who was, indeed, very nearly related to Ber gaini. -ff the neighbourhood and the domestics were babe en . 'remained, and that the disposition of her Royal Highness to give happiness to all around her was so remarkable, why had .tbt the wife of one of those domestics been present? The wife of Begami was in the to ighbourhood—why was she excluded from those mirthful scenes? No, no; as bug as a Royal Princess was to remain, so long was the unfortunate wife of Ilergand to be shut out Crept the society of her husband.— Could the evidence of Pomi be ever forgotten ? He, upon being asked about the presence of a particular female at the.billi, in his anxiety said she was there, but she sass mut s prostittue. Was not this proof of the description oi pawns- of " the Sowers of gentlefolk?' who visited at the villa of Bergand ? Mr. DENMAN here said, there had been no proof that at that time the villa was Bergami's. The ATTosNaii-VENELAL said, that whether it Was his resi dence or not, it bore his name, and was his property. The Lear..ed Couns.:l then spoke to the evidence upon the subject of her Royal Highness% performance of Columbine, and expressed its surprise at the want of recollection of Mr. Huwnam as to that fact. But it remained uncontradicted that her Royal I figh ness had played with her servants upon a degrading equality. He now. had gone through the evidense in support of the Bill, and should advert to that in favour of her Majesty, alter just noticing, that Sir 'William Gall's petrels of vision were iery great indeed, as be had been able to see in an instant, that her Royal Highoess had two dresses on, upoq an occasion when she *as only presented to his sight for one 'motile:it. This power he would Call a Bash of lightning, and he must declare, that it was equal, as a miracle, to that circumstance iu the evi dence for the Bail, which Mr. Denman had called an Italian moment ! The Learned -Counsel then adverted- to the evi dence of 31i. Craven, Lord Guildford. Lady Charlotte Lind say, and Lord lAand-ff, who, he said; had proved nOthing.— he Learned Gentleman then animadverted on the evidence of Lieutenant Hownant, who had seen Bergami sleeping ender the same tent, and 'diming at the same table with the Princess, and yet saw no impropriety in it. The declaration he made to Captain Briggs proved that at one time he thought it improper. But much aliowauee was to .be made for Lieutenant 110WI/Alli ;' he owed his promotion to bet Royal Highness; be was the sea. of an old domestic in the family. He would new remark ea the witnesses who might have been callea. Mr. Brougham had pleoged himself to produce -Marlette, the sister of De Soot j• but he had not done so. Mr. Denman and Dr. Lushingtee bad given the most extraordinary reasons for not calling herbs veer heard of. They and the evidence for the Bill was founded arm a cpnspiracy, of which, however, there was not any evidence. The fact was that Marlette and the other witnesses, who might have been pr oduced, were not called, because they feared that, as they were called on to speak the truth, they might speak the , whole truth—some parr of it, which would make against their Allient, might be elicited in cum.-examination. But a witness coming forward to speak the truth, was shielded with the-af snour of truth, and had nothing to fear from the terrors of a =eh examination. But if Marlette was not called, why not call Ber gami ? alt. Denntanlad said, it was monstrous to call on a sup posed adulterer as a ritness ; but there was a case in 1799, in which' an accused adulteter was called before that House to nega tive the adultery. But not only was not Bergami called, but he did not even attend her Majesty in the hour of trial and difficulty. What: all the family of Bergami dismissed? No, they were nut dismissed. Bergami goes from St. titter's in the satne carriage that had brought her Royal Highness there and goes to the Villa Bergami, where his wife has since been : seen. Why did she not say, he is my faithful servant, who accompanied me in my travels, and he shall still attend me, and bold his office of chamberlain ? Chamberlain he believed be was; for, although he had heard of Vice-chamberlains, he had not heard of . any other chamberlain. The Learned Counsel again adverted to the rapid promotion of Bergami, sad to the attention paid to his relatives, as grounds which afforded the strongest corrobotation of the charges against her Royal Highness. It was remarkable that in this ease, where female character was to be protected, only one female had Wen called. Who so fit as the deem d'lseresteur, wawa had been with her Royal Highness fromher quietist; Naples to her arrival in this country ? The Countess Oldi, of allwitnesses, ought to have been called. There could be no sus picion of her on the part of her Royal Highness, as she was of the Bergami family. Where was William Austin? why was 1- see be produced; he was now nineteen or twenty years of age, and might have contradicted De Mont? Where was Micronesia? At Brandenburgh House, but not produced here. . Where were SchiavMi, Louis Bergami, Camera, Carlini, Faustina, Francised,, and a whole host of witaesses,.who might have been produced? The not calling these wituesses, spoke more in condemnation of her Royal Highness's coudect than almost any evidence that bad bees produced against her. I now (said the Learned Counsel) eetigratulate your Lordships that 1 now approach the conch'. dem of my address. My duty has been an arduous one. I have opened myself tp the evidence. I haler made no unnecessary appeals to your feelings or your passions. My object has heed to bring the evidence before your Lordships, and to comment on it in the mat manner I am able. That has been my duty; but my Learned Friend has found out another he declares hi must de fend his Cale% at all hazards, although it should involve his country in confusion. It was the duty otmy Learned Friends to defend the queen, and to refute the evidence against her. Had they confined themselves to this, they could not have been cen. lured- But in the bitterness of their invective the Monarch has not been spared—the annals of corrupt Itome'have been ransacked, and the most detested of Roman tyrants has been • ' brought forwaid as a parallel with the Monarch of a free country '. Had the queen been innocent, there would have been no necessity fur this, innocence can secure its own defence, with out recrimination, without revenge! .We are told public opinion has pronounced her Majesty innocent. The public has pronoun tad no verdict. Some individuals have attentrial to Pukes • • eltarrietar dt every individual engaged -for the pressestisi. Them are some, my Lords, who, while thej have the Quell ki their mouths, have another object in their hearts—the Ma el their coristri ! Publfc opinion has been urged to your Lao/ ships as ground Bar your decision ib'a manner that neier was equalled. Mr. Brougham tells you, that a yes are on the blink of a precipice, and if you pronounce a verdict against she Queen, it will be the only decision that ever went from your Lord. ships that will be without effect." You are afterwards called an m the honour of the Crown, and the purity of the Altar. Mo te l t iellid the time should ever ;nine, when your Lordskipte decision should b.hsluenced by such appeals. But, my Lords, the honour of the Crown, and the parity of the Altar, will-be herdpreeerved by your ver dict, founded on the evidence brought More yew.- On that evidence, my Lords I test, fif the sonC setw our .denceot pronouncing a Verdict of t er -a verdict that will sa your own coniclenees , -and- Addis,: sooner or later,. will the• Whole Country." - , .11 -; - - • • The Aticumer-Ginniaci hating tkincladed Mr Address, The Stiuctroa-Ganaest. (Sir Joint Coninjaddressed their Lordship, In sapport of the prosecetion; nit folloWs: ° • My -herds, no individual standing at the bar of your Lot& *Slips eversietid lo•greererneot of indulgence than myself. I have to adth your Ueda** us a . subject • that has been so ,ointaseed - and sillitlessed; that ; it hrieartely possible that I cart throw as lighinplia it. I have to address your Lord ships rillej faculties have been impaired with the attention drat Itielsjla bas demanded. But, my Lords, I labour under another disadvantage; I have to fallow my Learned Friend the Attorney-General, who, in his address to your Lordships on this occasion; has taken so minute sad comprehensive a view of the: subject, in es - powerful, impressive, and irresistible a speech, that it must carry conviction to every one. I must fol low him over the same ground, although I feel that almost every 'observation I 'should have made has, in a great degree, been anticipated. If I were -to follow my inclinations and my feel ings, 1 would not say a single word ; but I have a duty which I must discharge with manliness and fortitude. lam engaged in a cause of the highest importance. lam commanded to follow my Learned Friend in that cause, and I must not shrink i Zt discharge my duty with all the ability that 1 possess. this cause commenced, we were aware that, front the cheeps being.at so many different places, and extending over a lonp period, there would be much contradictory • evidence. My Learned Friend and I expeeted this, but knowing the truth at the case, and that we were not coming forward to establish what was Use, we felt confident, that though some conflicting testi. awn might be produced, there wnuld be enough of India. evidence to establish the leading facts of the case.— , was sot (continued the Learned Gentleman) his intention to So in detail through the whole body of the evidence. He weld take a narrower course. He would discard, sedulously and ato 'tentively, every pan of the evidence that was of a conflicting asture, and confine himself to these facts which were not dis puted, ur but faintly contested—to those which rested on testi mom that was not impeached--to those, the witnesses of which might have been contradicted if they bad spoken falsely, but were not contradicted; . and, lastly, to those facts which were e.tablishid by the evidence for the defence. From these he hoped to 'hew that-a case bad been made, so clear, so plain, sodia tinct in all its parts, as hula entry conviction to the minds even of those who were least disputed to be • convinced on the Subject. The Learned Gentleman, iu commencing his commentary on the facts of the'case,touched first on -the - elevation of Ikrgami. He recapitulated the circumstances of his rapid • rise, and ob served that they had not been disputed by his Learned Friends. How then, had they attempted to explain them r Mr. Brougham had aid the-circumstances were all very natural, that Belleau . _ hid been born a gentleman, and had the - manners of gentleinan, but- had • been reduced in circumstances by the events of the French Resolution, and that he had sold his estate to pay his father's debts. This was the statement of his Learned Friend; and if the facts were true, they might and would have been established in evidence. Now what was the evidence which had been laid before their Lordships ? • Why, that" be was not quite so chatty as Italians generally arc;" and. that he appeared "'ream more of a gentleman than one of the lower tom" - What Says , Lord. Guildford? - That he saw nothing in his- manners which abewed him to' be superior to the si tuation in which he had lived. What Sir William Gell? 1 hat he was " rather more respectful than there was any occa sion for ;" that he " required to be pressed to sit down ;" and was moreover en remarkably attentive to hini '(Sir William Gull), " that he would have handed him down stairs, if he would have let him"—really it was too much to call these evi dences of gentlemanly, habits and deportment. Next, the great services of this man were talked of. BUt where was the proof of these services? He had waited from -d;.ty to day in expectation of seeing some evidence adduced on this point, but in vain. Mr. Bnatighem had said, that the elevation of Bergami was gradual, and had not taken place in that sudden manner in which love usually rewards its votaries. But the fact was not so. He bad risen to his highest elevation in the course of a few months. The statement of Mr. Brougham, - as compared with the evidence, was quite ridiculous. But there had been yet another apology for the advancement of BergamL It was said that a promise of promotion had been made to bins on entering into the service of the Princess; but on referring to the evidence, it would be found, that the amount of this pro mise or expectation of promotion, was no more than this—that " if be behaved well, he would be continued in the family ;" and ' that, when not required to attend on her Royal Highness as a courier, he ought to be allowed to remain attached to her service. as a servant out of livery." Every pretence, in short, which had been offered in justification of the advancement of Bergami, was fallacious; it could be explained by nothing but the existence of that intercourse which the Bill imputed to her Majesty. To use the words which one of our best dramatists had put into the mouth of a Roman Empress, under circuiratancr which he would not describe— . " threadbare chastity " Was poor in the advancement other creatures, " Wantonness magnificent !" The Learned Counsel nett adverted to the of the introdeition et so many of the kindred of Bergami into the ser vice of her loyal 'Highness—particularly the selection of the Countess Oldi to be the only lady in attendance upon her, with whoin, in consequence of the CoUstess not speaking French and the Princess not speaking Italian, it was impossible she could have anything but the • most limited intercourse; the concealment front the teat of the Household, from Lieu tenant Romanis, froth Dr. Holland, from Lord Guildford, from every one—of the relationship of the Countess OW to Ber genii ;lastly q the exception of Bergami s wife, as the only one of all his relations who was not permitted to appear before the Princess. All these facts, though not in themselves conclusive indications of the imputed guilt, when connected with the other facts io evidence before their Lordships, led to an inference which none but persons wilfully blind could withstand. 'the Learned Gen-. demo neat directed the attention of their Lordships to the invariable contiguity of the rooms of her Royal Highness ...a Berkamt He ridiculed that apprehension of danger which bad been °Beretta, an' apology for thh fact ; the change of the ca bins on board of the Leviathan, when there could be no such danger, proved that it was wholly visintiaky and affected. The part of the case to which' the Learned Gentleman requested the particular attention of their Lordships, was that inwhich the tent on the polacce formed so prominent a figure. He would confine himself to the voyage home from Jaffa; and the wit nesses whose testimony he would first consider, were the 'two'. British witnesses, Lieutenants Hownam and Flynn. He preferred I the evidence of Hownam to that of Flynn, on many accounts.— In the course of the Learned Counsel's observations upon the evidence of Lieutenant Flynn, he dwelt with peculiar. force upon the manifold contradictions that lied been inade by that Gentleman, who had at one period sworn that a copy of a paper had been made by him 'in English; at another in Italian; and at another in half English, half Italian. It then happened that this hero fainted away, at Mr. Brougham said, in conse quence of the intense heat of the atmosphere, joined to the amazing length of the cross-examination. .It then came out that be had employed Parguelli to .write it, and afterwardi it was admitted by him that &Inertia was the man Upon ; evidence of_ this sort could any man leek with confiderice ? Arkto the former tondoCt of Lwnte.sat WI TON be would nOt ._-- .. • say word. He might be a brave dicer, he might never Feints have violated his honour, but on this occasion it was plain he had been operated upon by. the factions abroad, krld had for! lotto'. himself. The Learned Counsel Copley) then alludtd" to the non-appearance of the Countess of Oldi, whose negative testimony he looked upon as more conclusive even than the posi tive evidence which had been extracted in the cross-ewuninadoo. Ode witnesses against the Bill. adverting again in the shire. den in the sleeping apartments, so as to facilitate the continual laded hawed the apartments of the Princess and &nasal- T . . olueitiosemlet that would be found to pervade the wltole•sye. ! tame the pieties wherever they went—he alluded to what oc. awreal on board the Leviathan. Did any ground exist there f uupßise, tor alarm ? Why wore the bed, of Bergami and hello* Highness. comigowirto board the Leviathan ?.—s uao . pike! On board a bid* Wild war, ready to be 'protected b i r uur tain Brim areibitalwer. Jury:ire! The, very idea was • • as they woe proved, PRICE SEVEN PENCE. Air. DZIMAIL-.-0 State the circums..- if you please." Mr. Bwpacinete.,—' 4 It would be useless to stop him at evert misrepresentation. Let him go on." The Sometroe-Gnisaaz. denied that he had mistated a single fact, though he might have drawn wrong conclusions as to the course taken by his Learned Feiend. He should next call their Lordships attention to the pnlacca scene. H r Royal Mimes' s it was proved in evidence, had embarked.at Augusta; her be& mom was so arranged In its relative position to, Bergami's, that the person in one could be seen by the person in the ether. A .test was erected upon deck, under which Bergami and the Prin cess slept. Some difference of opinion prevailed respecting the vise of this tent. Lieutenant Hownam described it as being about 10 feet by 16—a size which corresponded with the plan. It was indisputable, from the testimony of a number of wit nesses, that the parties, unaccompanied by a third person, slept under this tent during the Voyage - ; that Bergami used to hand out the light, when they had retired. The witnesses who spoke to this fact, which directly led to such an irresistittle conclusion, remained uncontredicted, and all the force of his Learned Friends had been directed to shew that they were to be exces e lively remunerated for coming over to give their evidence. The len which these men were exposed to by coming over at hats. steseitline was totally overlooked, and the remuneration was ca r mimed as if it were an annual stipend, instead of for a space net probably execs:dim three nu* the. Was there anything, he would - ask, in the manner In which they gave their evidence, to justify any aspessioesupen their characters? It was, forsooth, all Italie evidence, and vies to be knocked up the moment two &ilia witnesses were beard in reply. The evidence of Lieu tenants Myna and HOWOIIIII was to aet the matter right. They did, at length, give their evidence. It was said, respecting Lieu. tenet Row, that -be was a brave man. He (the Solicitor-Go- naval) did not mean to call in question his bravery—it was with his evidence in the case be had to contend, and be would do so freely. In his opinion, then, lieutenant Flynn felt himself em barked in a cause in which a great deal of passion had been en listed. He owed a debt of gratitude to her Royal Highness,. which he wished to discharge in away in which he (the Sul.citor- Getters]) thought he ought not to have discharged it. There were two or three striking circumstances which,clearly skewed that he had a disposition to exaggerate, and of this there could be no doubt when his evidence was compared with that of Lieu tenant Hownam, by whom he was directly contradicad in risme material points. He (Lieutenant Flynn) had stated, that her Royal Highness could not be seen in her bed in the cabin by lierganti from his. Afterwards, on cross-examination,. be said he thought so, and subsequently ne admitted (as we under- • stood) that he had no means of knowing. Was not this of itself seilicient to skew the doubt in which Lieutenant Flynn was in, and east a doubt on all his testimony ? Another circumstance to which he wished to call their Lordships attention in Lieute. nant Flynn's evidence was what be swore as to steeping oa the deck. He said he slept on the deck almost the whole of the re turn voyage,eseept one night. The object of this was to skew that during the whole of that time he was in such a situation as that be could bear all that passed on deck, and of course that he could be the better witness as towliat passed with respect to the tent. Now the evidence of Lieutenant Howmun. was in direct contradiction to this; and from the circumstance of their cabins being near each other below, Lieutenant Hownam bad good means of observing. Lieutenant Flownam then swore, that Mr. Flynn slept on deck only occasionally ; that he sometimes tonic his cot on deck, but was by no means constantly there. He begged their Lordships to observe the motives which operated on the minds of these two Gentlemen in their contradictory ao. counts of this point. Lieutenant Flynn, by staring that he was constantly on deck, wished it to be inferred that noshing im proper could have taken place in the tent, he beingknown to be always within hearing. The object of Lieutenant Hownam'a evidence was to• shewoltsc as Flynn was only occasionally on deck, it would be the more necessary that Bergami should be there.. He (the Solicitor-General) would not say which of those two accounts was true; but certain it was, that one'of them mutt hare been false. Another circumstance worthy of oak* was, that Ur. Flynn first stated he did not know where Bergami slept, that he had other business to attend to, and therefore could not attend to such matters. ,Was this credible ? Could it he imagined that circumstansed as he was In the ship, he could ha ignorant of w here Bergami slept? He was afterwards asked, Have you any doubt that Bergami slept in the tent ?" answer was," I cannot say where he slept, " and when pressed on this point, he says," I believe be did not et" there." How was . it possible to reconcile those statements? If what be first said Was true, hole could he swear to the subsequent assertions ?-.- Why could he not have said, - 0 I have a doubt. I looked into the tent and did not see him." Their Lordships would observe bow he described the looking into the tent. He could not see Bergami there; it was dark. Oh, but then there was a light from the binnacle; well, then, the reason why the light was pet out from the tent was the fear' of the pirates. The binnacle light was then questioned, and ht-accounted for it by saying, it Could not be altogether covered ; there was not air enough ; yes, but larger boles might have been made in the top; this would not do, for the water would come in and extinguish it. What were their Lordships to infer from these statements, but that the - witness had found himself entangled in tlus,difficulty of his state. ments, and that he could not,with consistency, get out of them. As it had been justly observed by his Honourable and Learned Friend (the Attorney-General), it was not in the main points of his testimony that a witness could be entangled. To that be would have made up his mind and adhere, but if taken out of the main story, and led into bye ways, it was only there that his truth or falsehood could be detected ; he woad there be unwe pawl, and by his manner of anfwering to suck questions, might know the consistency of a witness, and hence appreciate the credit which was due to the whole of his evidence. These observations were billy bathe out by what occurred in that part of Mr. Flynn's cross-examination.- He might be a brave man, He (the Sullener-General; did not mean to deny it. Out of the present cause he had no knywledge of him; butiooking to Ma conduct as a witness in the case, he would say, that, perhaps, from feelings of gratitude which operated strongly, hut cert a i n ty from some cause or other, he had aufferedMinielf to he led away; to be influenced *by ' the spirit of faction, which was so much abroad with respect to this proceeding, in such a manner that his testimony shoukibe get rid of altogether. lie (the So. licitor-General) should nothave felt himself tailed upon to make Ithose observations with respect to Mr. Flynn, if his Learned Friends on the other side had not entered inter such a warn panes gyric upon him. He now CUM teem evhience of Lieutenant llownam. He Stated, that . isleued Bergami slept In the tent- lie Learned Friend Me not at all satkfled with this answer, intetleredand mkt, that the mauling of the witness was. sheiks ballesresi lhogaspi dept there, began** Its hoard it. • 710 Wog was, however, mew Placed bey ad " Ib is for . the witness aworethat be heard k, al that be bilieved sooner was this said, than Mr. Bromilwas Waned up one} said, " My Lords,. it Ma part of oar ease." • Thikwilikk was beef r 0 not touched upon at all by his Learned Prised Mr. Brouginan„ an d on ly alluded to sli g htly by the other Ceensd, was no loom: Adaitoed-by the wltisess than it was jewailkately declared . to form ; part of their case. It was dopier, that man of so much Isaning lei toilet is her Paied7:4a . 6 1 there should, no imparausta IMAMSett weir ewes CM he an liW onsius.. The fait of Dasteinsea Salamis sleeping ors. • • - 7 4- .- 7'7 - - --"-'• . • . .. 2 i , • .. • • .- ker Cent .. - • • . . . . . .. .. .. 2;; ;p 44 giitiati: 4lks • - . , • - • - . • • . • , • . • . • • - • , i, ..,, 0 . . . . . . . .. • ....e. - . rt„,t.„..!,...• ".. '•'•. • . • • • s" 41004\ e - . ..... s wAsir j r,, e ' , I • O i l% • . .• • ... - ! ..0..... - L .. f' -).• 1 : . . . . .. . -If E. • i .., . ~- - , i - . 441,N •.- •01 k - "...-11 4 Air ••• Ts A1L...... 4 1" .... r • ''' • •••• . . .. .: .., , ' 4. , ;i• ....' • 6 i . . WO NDA y - , OCTOIIEII, Se 1820.- . .. 4 - II . . . ). PRICE SEVEN-PENCE' r - ' r ~. • 1 . ,-, . „.