Star. — London, England, 1820-09-08 00:00:00

filed to their Lordships; it had gone forth to the Public, and VV33 now partly known throughout the whole of Europe. The Noble Earl opposite (Liverpool) did himself honour when he said; GOD forbid any impression should be made on any per- . sun by the evidence that had. been brought forward : he would say, Goa forbid also; but it was not in human nature, not to be ' affected in some degree by es-pane statements. If the House should adjourn now, a very unfavourable impression would rest ; against her Majesty. His Majesty's Solicitor-General, is sum- I , niug up, bad said the evidence was incontrovertible. Were their Lordships then to adjourn for two or more months, and I suffer evidence to go forth, uncontradicted, which the Solicitor- General had said could not be answered? If it was wrong in Courts of Law to bear the Counsel fur the prosecution sum up, Without hearing the Counsel for the defence, bow much more sto in the present case? He contended that they ought to hear the Counsel for her Majesty, without requiring from him any promise as to whether he would call witnesses now, or then ask for delay. But what was the cause of all this inconvenience? The division of the cause into two parts. And why was it so divided? Not certainly to favour the accused. The Learned Counsel upon one side had stated, that the evidence already produced was such as could not be answered. Should not the Counsel on the other side have an opportunity of stating whether he could an swer it or not ? Let that be done; let the bane and the antidote go out together. There could be no injustice in such a course. Iler Majesty's Counsel had a right, before the adjournment took place, to call upon their Lordships to pause on the evi deuce. He had no feeling in the case, nor should he permit the intrusion of any but what might belong to it in the end, and yet he was afraid to spend two or three months with the evidence in his mind, assisted and enforced as it was by the summing up of Counsel. All that her Majesty's Counsel asked was, that they should permit him to make his statement, leaving it to their Lordships to determine afterwards as to the course to be pur sued with respect to the evidence. If, after making his state ment, he should proceed to call in witnesses, then would be the time for them who disapproved to state their objections. The Earl of LAUDERDALE said, that the question on hich they were now to decide was this, whether they would adjourn after the persons who appeared for the Bill had closed their case, or whether they would permit the Counsel for her Majesty to open their case before the adjournment. He would contend, upon every principle of justice, that if they were .to adjourn at all, they should do so at the present period.— The House had proceeded all along with a view to afford the utmost indulgence to her Majesty. It was true, as his Noble . Friend had stated, that the influence of such a body of evidence remaining in the mind for two or three months was an evil, but the evil had been mitigated by the permission to cross examine, and the foundation laid by that means for more extensive examination in future. Though the observation made by a Noble Friend of his yesterday was perfectly just, it appeared to him at the same time to be quite unneces sary, for there was no man in that House who did not feel tle importance of suspending any opinion, till the whole of the case was before them. Ile had already stated the extent of the evil as the proceeding w•as going on? but what would be the effect of agreeing to the proposition now before them. Let them look to the prejudice which must operate on the public ntind, in that event, and consider how much stronger the objections were to such a mode of proceeding. They would then send the Public to ruminate on the statement of her Majesty's Counsel for two or three mouths. They would not only give that advantage to the Counsel, but the additional one of being the single witness in support , of his own case. Their Lordships could not know whether the evidence would come up to the case or nat. The Counsel might, in fact, state what he pleased without any consideration as to the possibility of substantiating •it in evidence. The Counsel had alluded to an intention of bring ing forward a part of his evidence now, and the rest afterwards, but sec what the consequence of that would be: The Counsel %Could open his case and bring his evidence in part ; be might .:ate w h at he pleased to expect from the evidence that was to follow, and that expected evidence would derive colour and cre dit from the impression made by preceding witnesses, though nican facts entirely different. Her Majesty's Counsel were ho nmrable men, for whose principles and talents no one could have a greater respect than be had ; but their Lordships would eh wrong to trust them with the opening of the case, except pon condition that they should proceed with the evidence kg. mediately. Let the evidence be brought, that they might see whether it came up to the cause. His Noble Friend had talked of the Courts below. The Courts below could furnish no ana logy, for such an adjournment had never been proposed there. He remembered having been present upon an occasion where the Counsel for the defendant applied to the Judge to adjourn the cause until the next day. This was in the case of Lord Auck lard ; and Lord Elleaborough, who was the Judge presiding, refused the application. He wanted to know how her Majesty's Counsel could have mistaken the principle upon which the delay was to be granted. It was to be granted to afford time for the collection of evidence. If the Counsel for her Majesty knew mMw to open their case, they must either have got the evidence e. , Lich is to support it, or they must intend to give full scope , t their imagination in making up a case, in the mere hope they may afterwards be enabled to find evidence to prove 1.. more distorted way of presenting the case to the public t mode more calculated to excite an unfair prejudice, it impossible to conceive. The LORD CI lANCELLOR said, that if to feel pain In executing a duty could be an excuse for not fulfilling it, never :can had a stronger excuse than he had in the present instance. lie bad, in all his life, never felt so strongly that an important acd painful duty had been imposed on him as in the present in stance. But a duty there was imposed on him, and that duty lit was determined Pe would fulfil to the best of his judgment. it was undoubtedly true—it was, strictly speaking, true, tha t every one of their Lordships would be guilty of a violation of their duty, if they were to draw any inference of guilt from the e. dence which had been laid before them. Every syllable of that evidence was capable of being disproved; and they ought to act on the supposition that it might and would be disproved. On the other hand, it was certain that this was a sort of principle which could not be acted upon by all of their Lordships, to the degree and extent which judicial minds were capable of; and it would be false, nay wicked, to sppost: that tither their Lordships or the public could remain witbout same impression to the prejudice of her Majesty, from the evidence which had been heard in support of the Bill. —lt was only fair and just to presume that that, to a cer tain degree, must be the case. But admitting so to the fullest extent, the House were still only in a situation where they must make a choice of evils. What would be the consequence if in criminal cases, after the defence of the accused were made, the ' riidence neceAary to support it, were to be postponed? He could not imagine any course of proceeding fraught With more injurious consequences to the administration of justice.— It wauld be setting at nought all those forms, which bad from time immemorial been thought most essential to the detection of guilt, as well as to the protection of innocence. He entertained the utmost respect for the judgment and experience of his Noble and Learned Friend who bad made the proposition before the house, but to that proposition he could not possibly give his assent. He agreed with the Hoak Ind Learned Lord Ake , no Court had a right to call on a Counsel to pledge hitelf beforehand whether he would call evidence or tot; but he . would ask the Noble and Learned Lord whether, , sehen a Counsel does begin his statement, there is not an implied pledge to the Court, that he has his witnesies ready to prove it, and that he will complete his case by going on in continuation with the evidence, after he has closed his statement? His Lord ship hid largely and liberally allowed for the prejudice which may be created in the public mind by the evidence for the pro secution ; but how much greater would that prejudice have been. could we suppose the case of the prosecution to have been opened, and the production of the evidence deferred to a futuse period' Yet was It net nearly the same thing which was now asked on the part of the defence? He would admit that there was some difference in the cases ; but there was no denying that it was as possible for prejudices to exist on the one side as on the other. He agreed with the Noble Lord on the cress-bench, that the House ought to repose largely on the honour of the Counsel at the Bar; but the principles of the law did not give Counsel credit for such infallibility as was implied in the suppositicu that they could state a case so free from as not to excite some degree of unfair prejudice. It was not on the responsibility of particular Individuals, but on gene ral principles that the House could safely act. Nor could the House, in this case, be guided by any analogies furnished by the practice of the Courts below. There such a thing as an ad journment for two months, or for any period whatever, was wholly unknown. Out of the very nature of the present case, there arose a necessity for submitting to one evil or other ; and upon his honour as a Peer, and his sense of duty as a man, he could not consent to the proposition before the House. He could not agree to the defence being opened, unless the Counsel for her Majesty stated pointedly whether they meant to pros in continuation with the evidence after opening their case. Earl GREY said, that in a case of this important nature--- important as it concerned the present and the future—he shad,' act in a manner unworthy of:the rank he held In that House, as an honest and independent Peer, if he did not, even in opposi tion to the opinion of the Noble and Learned Lord on the Woolsack, offer his sentiments to the House. He (Lord Grey) gave his complete assent to the assertion of the Noble and Learned Lord, that this was a case of great difficulty. He had always entertained that opinion. He had hesitated—he had doubted in his choice of evils, and he preferred that which in Ms censcience he believed to be the least. 'lt had been said, that the difficulty which now presented itself had no reference to any former proceeding of the House in this case.— From this proposition he entirely dissented. It was to be traced to the decision of that House, where first those proceedings were adopted --to the refusal by. that House to give what had been granted to all others against whom heavy accusations had been laid—to the denial of those advantages which would enable her Majesty's Coursed to look with confidence to a certainty as to the charge, and as to the production of witnesses. The Noble and Learned Lord had said that the present diffi culty had not arisen from this; and that if the list of wit nesses, and the specification of time, and place, and charges, had been allowed, it must inevitably have occurred. It was not so. If the charges had been specified, if the list of witnesses had not been refused, so occasion could have oc curred, to give a right to her Majesty's Counsel to expect • suspension of the ordinary proceedings of the House. But those advantages being opposed by the order of their Lordship, it became necessary that am equivalent should be granted to the accused who was placed in so extraordinary a situation, who had travelled in the three quarters of the world, and Who of necessity could not be aware of the persons to be brought forward to establish against her charges, with the particular nature and :bearings of which the was wholly unacquainted. The equivalent then was promised, and how was it granted ? The Noble Lord on the Woolsack had, he believed, mistaken the statement of the Queen's Attorney-General, and supposed that it was his wish to address their Lordships upon the defence, and, after having proceeded to a certain extent with witnesses, to propose a suspension of the proceedings. This was, he thought, a misapprehension of the meaning of the Learned Counsel, who, if he (Lord Grey) was right, wished to address t heir Lordships, and to be influenced by the effect of that ad dress, as to whether he should call witnesses at all or not. The question then was, whether Counsel were to open the defence, with the power to call witnesses, and to suspend the proceed ings on the Bill till those witnesses were produced? This is a choice of difficulties. Disadvantages might arise from, 'hiving die speech of Counsel before the Public, unsupported by evidence, and, perhaps, incapable of being supported by evi dence. As an argument against the probable occurrence of such a disadvantage. it was said, that the conduct of Counsel might be relied upon, and that, at the Bar of that House, there could be no abuse of the privileges granted to professional men. Goa forbid that Counsel would ever appear at that Bar who were disposed to abuse their privilege. From his own know ledge of the professional Gentlemen engaged in this cause,he was justified in assuring the House, that they would not state what they did not suppose to be material to their case. But without re ference to their general character, although the House might trust to the Counsel for discreet conduct in their proceedings, It was to be considered that Counsel must depend upon the in structions which they received, and that they might be led io make statements which were not founded in truth. These were, be admitted, great difficulties, but if the evils upon the other side were looked at they would be found to be com paratively of enormous magnitude. The cross-examination of witnesses must necessarily be suspeuded.Her Majesty's Counsel did not at the commencement of this case know the character or the abode of the witnesses who were to be brought against her Majesty. They had merely a sort of general knowledge of them, and an intelligent witness, who was possessed of the advantage of being unknown, and of being able to consider, be fore an answer was thought necessary to be given, in conse quence of a difference of language, could more readily bailie a Counsel than if there were evidence to contradict and rebut. What would be the effect if a case of conspiracy, or of perjured witnesses (he di.l not speak this in allusion to the present case) ? [ Left speaking]. The Duke of GRAFTON gave a sumptuous enter tainment on Wednesday, at his house in Clarges street, Piccadilly, to a large party of distinguished personages, among whom were, the Duke of ittlT• LAND, the Duke of PORTLAND, the Marquis of LANS• DOWN, the Marquis CAMDEN, the Marquis of Exa- TER, the Earl of DARNLEY, the Earl of Esse.; Earl BRADFORD, Lord DACRE, &C. Groupes of persons were to be seen, yesterday, in every street and open space of the Metropolis,viewing the solar eclipse through pieces of glass, smoked over candles ; in consequence of which black eyes were the order of the day, and many a pocket hand kerchief was carried off by the light fingered tribe, whilst the owners were absorbed in Sue and Moon gazing ! PRINCIt PkiPrltS. The Paris Papers of Tuesdit arrived this morn ing, and are more communicative than usual. The Mottiteur says, that the alarms on the French Stock Exchange are at an end ; the Funds are up tar 77 f. 50 c. and there is every prospect that the rise will continue. The Constitutionnel says--" Some persons talk again of the plan of dissolving the Chamber of De puties as a matter determined on. We continue to consider it as very doubtful: but at any rate the Electors, whatever may be their contributions, would do well to put themselves in a situation to exercise their rights. It is said, that in the Department of the Yonne the number of Electors, which in the last list was only 450, exceeds already 900. The increase is almost as great in Calvados. In a great many Departments, persons who had only shewn that they paid 300 fr. which was enough . to be an Elector when there was but one College, now shew that they pay three or four times that sum." The advices from Spain reach to the 24th ult. in clusive. At the Sitting of the Cones on the 23d, the proposition for imposing certain restrictions on the religious Orders, and for the sale of their property, was referred to a Committee, of which one half con sisted of Ecclesiastical Deputies. The Commission relative to the national forces suggested, among other amendments, the following addition to the oath to be taken by the National Guards You swear, in the presence of GOD, to employ the arms which the country has put into your hands, to defend the Ca tholic Religion and the laws, to support the Cortes, and to protect the sacred and inviolable person of the King, and the inviolability of the Deputies, so far as relates to their opinions." After this addition had been approved of by the Assembly, M. Vargas Ponce, M.Torreno, and others, remarked that theexpressions relative to the Catholic Religion were contrary to the spirit of the religion of Jesus CHRIST, which did not require to be defended by such means. M. Paralea con ceived that the words of the oath bound the soldier to defend Religion by arms, only when attacked by force. —tf.Cepero thought it was sufficient to swear to the defence of the Constitution, of which the Catholic Religion formed a part; but as the clause had been already arrd to, the best way would be to add an explanation to this effect—" to defend the Catholic Religion as a fundamental law of the State." The subject was referred back to the Committee. The same day Resolutions were proposed, declaring that Pollier, Lacy, Vidal, Acevedo, and others, had de served well of their country, in an heroic degree. These Resolutions were referred to a Committee. Accounts from Vienna say, with some degree confidence, that the Government of Austria has aO - determined to undertake offensive °per . ati against Naples. The Austrian troops, to the amount of 77,000 men, are concentrated between the Adige and the Mincio, where they are to await further in structions. It is understood that orders have been issued by the Cabinet to prevent the new Ambassador from the Court of Naples; the Duke of Gallo, from passing the Austrian fi ontiers. The Duke de Serra-Capriola had arrived at Vienna, with letters of recal for the Prince de Ruffo. He was also the bearer of letters from the King of Naples to the Emperor Francis, which, however, he was not permitted, personally, to deliver to that Monarch.— He therefore delivered them to Prince Metternich, and continued his ' route for Warsaw, being also charged with dispatches for the Russian Government. We have received Frankfort Papers to the lstinst. The Duke of Cambridge passed through Nuremberg on the 27th ult. on his way to Vienna. It continues to be rumoured on the Continent, that his Royal Highness is charged with a mission from the British Court on the subject of the approaching conferences relative to the state of Europe. But we think it more probable, that the only object of his journey is to she the military reviews at Pest. It is not very likely, whilst Lord Castlereagh holds a seat in the Cabinet, and his brother, Lord Stewart, is Ambassador at Vienna, that such a slight should be put on the latter as would be implied in the supposed political mission of the Royal Duke. The fate of Dr. Jahn seems peculiarly severe. The Royal Commission of Enquiry into his case have reported, that there is not sufficient proof to justify his longer detention, and that he ought to be set at liberty. But the Minister of Prussian Police has written to the Commission, that the Doctor must remain in custody until his sentence shall be judicially determined. He is consequently still de tained a state prisoner in the fortress of Colberg.— Nothing, certainly, but the extreme of Jacobinism can induce the Prussians to demand a Representative Constitution, when they enjoy so escellent a system of jurisprudence ! The Duchess of Parma is to leave Vienna on the II th inst. on her return to Italy. The Duchess Catbarina, wife of Jerome Bonaparte, has been delivered of a daughter. The British Charge d'Affaires in Switzerland had gone to Milan, most probably on a Green Bag errand. Extract of a letter from. St. Thomas's, dated the 23d of July : General Bolivar is concentrating his forces for the ensuing campaign ; he is said to have upwards of 20,000 men, well armed, and Morillo's forms di not exceed 60005 tierefore'ive look with impatience tothe fanny operations bit the Main. P.S. We have just received accounts tßat a'ceinotion4 head lidot has taken pleat on tin Main." FRANKFORT, AUGUST 28. The new conference, at which the Emperor of Rus sia, the Emperor of Austria, and the King of Prus sia will be present, excites great interest. It is said that the plan of a new Alliance between the Sove reigns will be proposed at Perth, to prevent events like those which have happened in Spain and at Na ples from taking place in other countries. It is added, that the integrity and independence of the States of Italy, such as they were recognized at the first Con gress at Vienna and by the last Treaties, will receive a new guarantee, and that the Emperor of Austria will place himself at the head of an Italian Confederation, to be formed on the same basis with the German Con federation. Some persons assert, that immediately after the meeting at Perth, there will be another at Dresden, at which most of the German Sovereigns will attend. THE ARMY. Sir DAVID BAIRD, Commander of the Forces in Ireland, is on a tour f inspection through the north west part of the island, accompanied by Lady BAIRD and suite. Sir DAVID reviewed at Enniskillen on Wednesday, and at Cavan on Friday. A troop of the Royal Irish, or 4th Dragoons, took up its quarters in Whitehaven on Monday morning. The loyalty, gaiety, and exemplary discipline of the Regiment have been distinguished for some time past in the city of York, A recruiting party of the Cumberland, or S4th Regiment of Foot, commanded by Serjeant Barrett sox, has been for some days in the town of Whitehaven. Friday, the 80th Regiment, quartered in Edinburgh Castle, received a route for Berwick, and next morn ing the first division marched for that piaci. Monday morning the remainder of the Regiment followed. It is supposed another route will meet them at Ber wick to march into England. This morning died, Mr. RA; late of Drury-Lane Theatre. On Saturday selinight, Mr. Surgeon BELL performed a severe operation upon him, with his accustomed ability and success, and which was sus tained by Mr. RAE with heroic fortitude. From pre vious long suffering and consequent debility, together with the violence of the operation, he sunk under it, and breathed his last a quarter before six this morn ing, aged 38 years. This day at noon the Deputation appointed to pre sent to the QUEEN the Address of the Inhabitants of Whitechapel, proceeded in 24 coaches through the City, and along the Strand, for he r MaJesters resi dence. The Gentlemen were generally in mourning, and wore white favours.—At the same time the Gen tlemen deputed to present the Address of the Alders gate Ward, took the same road. The cavalcade con sisted of nine coaches.—The two processions fell in with each other on their route, and formed one grand pro cession. Before one o'clock. they reached Braitden burgh-House. They were immediately admitrgd, and had a most gracious reception. On Monday last, a Public Meeting was held near Leeds, attended by about 5,000 people, for the pur pose of voting au Address of Condolence and' Con* gratulation to the Querm. It was called by a. nuts. net of Householders, who signified their intention to the MAYOR, and received from him, though not his assent, an assurance that the Meetin t f ere sh f ould be in no way disturbed. It was held, ore, in - the open air, at the.outskirts of the town, and is the first which bas been held in that manner since the pasiing of the five Bills. Two Addresses stere carried, one from the male, and the other from the female inhabi tants. The speakers were, a Mr. MASO N , th e chair man, and Mr. Baines, o f Leeds Mercury. - The Emperor Alexander has conferred on the Grand Duke Constantine the estate of Lowick, in Po. and, and created his present wife Princess of Lowick. Sunday morning, between one and two o'cloCk i a man going home to the south side of the river Clyde, by the old bridge, which is at present under re pair, staggered through an opening made in the side walls, and fell into the river, a height of about forty feet; fortunately, however, the body of water was considerable. He was soon taken out and conveyed to the Police Office, where, with the exception of a few scratches, wet clothes, and, a partial stupor, in duced by the previously rapid transitions, it was dis covered he had received no injury. James Cielland, one of the three unfortunate men who were sentenced to die at Stirling this day, has received a respite. The remaining two men, Baird and Hardie, were lift for execution. CANINE FIDELITY.—A few days ago, as two lads named Whitehead, one aged thirteen years, and the other eleven, were amusing themselves on the banks of the Surrey Canal, at Camberwell, the youngest of them fell in, and immediately sunk. His brother, after vainly endeavouring to assist him, ran to the public-house, and related what had happened ; the landlord and some persons who were drinking in. the house hastened to the spot, and one of them, who had a large dog, immediately drew its attention to the object in the water ; the faithful animal plunged in, and succeeded in getting the boy by the collar of his jacket,.and bringing him on shore; but be was in.. sensible, having been nearly ten minutes in the water. His mother came up at the moment, and seeing the boy's situation, had no doubt but he was dead, and immediately fainted. They were both conveyed to the house of a Surgeon, where the boy was restored by the means recommended by the Humane Society, to the great joy of his anxious parents. The dog -is of the Norwegian kind, and belongs to Mr. Hubert, a cow-keeper. Coast Batcnettos, MAIII-LAN7t, SEPT. 8.--Although we have had but few' arrivals fresh in since Monday, the demand being but trifling sales were very heavy this morning, and bilanday's prices *ere only obtained for the &test samples,' but the inferior qualities were unsaleable. The arrivals of Oats being tarp th is week: the trade was lusher dull, and last day's prices were with difficulty obtained.' In Barley, Peas, and Beans, there is little or 1 O rariation. SMITH num MAIMS; SEM 11.-s-Beef, 4a. Od. to 51. Od. per stone of bibs. ; Mutton, 4s Od. to is. Od.' Vcal. ss. Od. to 55.10 d. Pork, aced. to ss.lOsi. Lamb, 46.0 d. to Se.6d.—Custi. at m ark " Beasts, 700 ; ("Wye% 594; Sheep aa¢ 1411 9 this 940 94 . 1 1 11•090. — Hay, 5/.los. tp tl. is. (.love, xOO to 61. 04 lftguse, iL go. ti lt. lee. A!!