Star. — London, England, 1820-10-18 00:00:00

ultimate appeal, and which wU decide with justice, in spite of leia fictions, and all the technical jargon that subtle lawyers may offer to prove that two and two do not make four It is understood, that Ministers calculated their strength last night, as to the carrying-of the Bill in the House of Lords, when they found that, if put to the vote, . they would be in a minority of six, and the Bill would consequently be thrown oat, THE QUEEN. FOURTEENTH DAY OF THE DEFENCE. HOUSE OF LORDS. The LORD CHANCELLOR entered the House at five mi nutes before ten o'clock. Prayers were read by the Bishop of Besarox; after which the List was called over in the usual man ner. Counsel were called in at twenty minutes past ten. lord Chief Justice ABBOTT stated, that the Judges had considered the questions submitted to them by their Lordships yesterday. On the two first they had come to a decision, but on the third, which did not appear sufficiently explicit, they had 1104+C doubts. Lord ERSKINE said, be bad given the question rather hastily, and he feared imperfectly, Testerday, and he was not surprised that the Learned Judges did not fully comprehend it, the terms in which it was expetssed being rather 'vague. He ROW begged leave to withdraw it, and put another, which, while it embraced the object he had in view, would, be trusted, be perfectly intelligible to the Learned Judges. • The LORD CHANCELLOR submitted that it was a question for their Lordships to consider, whether the Judges should decline their opinion on the two first questions, or wait until they bad an opportunity of considering the Usird ? He con fessed, that he thought it would be best that the whole should be embraced at once, as there might be a necessary connection be tween them which involved their consideration as a whole, al though they might be answered separately. Tie House concurred in the opinion of the Learned Lord on , the woolsack, and the Judges retired at half past ten o'clock, to consider the amended question of Lord Erskine. Lord KENYON stated that Mr. Granville Sharpe, who had given his evidence on a former day at.the bar of their Lord ships, relative to the Moorish dance, at which he stated the Bishop of Calcutta was present, wished to explain some part of that evidence, on which be bad a doubt. Mr. GRANVILLE SHARER was then called in. The LORD CHANCELLOR to witness.—l understand you have a doubt as to the accuracy of some part of your testi mony given at this Bar on a former day?—Yes. When I was examined before your Lordihips I stated that the Bishop of Calcutta was yresent at a Moorish Dar.ce at the Government, House. From the memorandum of a friend made at the time, I have reason to believe that the Bishop vas not present. Lord KEN YON.—Have you any reason to believe that yon are incorrect as to any of the other persons you stated to have been Iresent at the dance ?—I have no reason to believe that I am in correct. My memory is very strongly impressed that the Bishop of Calcutta was present; but I must consider a written memo randumonade at the time, as stronger than my recollection. The LORD CHANCELLOR—This evidence does not still decide whether the Bishop of Calcutta was present or not, nor do I know that it is of much consequence. Earl GREY said a few words on the subject, which were perfectly inaudible below the Bar. Tit_ LORD CHANCELLOR complimented Mr. Sharpe on his candour. lie had come forward as an honest and good man to amend his evidence, when he felt a doubt as.to its accuracy. Dlr. BROUGHAM availed himself of this opportunity to put in two letters, which he had read in opening the defence of her Majesty. lie oow widied them to be received as evidence, and lie must trouble the Noble Lord at the head of the Treasury to identify the hand writing. The Earl of LIVER/VOL.-1 have no objection to being sworn, tlr. Brougham. Dlr. Buountiars.—l do not require it, my Lord. Two letters were then put in : the first dated Windsor Castle, April 13, 1793; and the other dated Windsor Castle, Novem ber 12, 1904.—{Both these ta s ters were addressed to the Queen; the first from his present Majesty, and the second from our We enerable Monarch. They have appeared in the Bras] The Earl of LIVERPOOL being sworn, deciaxed the two Utters were authentic, and in the hard-writing of the parties Samuzl Inman attended from the Navy Office with the papers o:At:red on a former day by their Lordships, relating to the time of service of William Carrington. The witness being sworn, The LORD CHANCELLOR inquired what papers he held in his hand?—An account of the time that William Carzington served his Majesty in the Royal Navy. Are they originals or extracts ?—Faithful extracts from books which I have brought with me. The Papers were ordered to lie on the Table. At ten minutes before eleven, the Judges returned into the I louse. Lord Chief Justice ABBOTT, read to the House a long written paper, which he said he had submitted to his brother Judges, sscontsining his sentiments on the three questions sub- mitted to them, and which having met with their unanimous approval, he had their authority for delivering to the House, as the joint opinion of the whole, ',though expressed itl the singu lar number. In answer to the first question, being that proposed by the Lord Chancellor at the beginning of yesterday's proceedings (See STA& of yesterday), with the =Winn of the analogy of a civil action," the opinion of the Judges was in the negative— rarnely, that according to the practice of the Courts below, a witness could not be allowed to give evidence for the defence, that an agent employed for the prosecution had offered corrupt considerations to persons to give false testimony, those persons not baying been examined as witnesses in chief for the prosecution. The opinion on the second question was also in the negative ; parody, that evidence could not be 'knitted of corrupt prac tices by a person said to be an agent for the prosecution, with out previously establishing the fact of his agency. The answer to berth parts of the third question, or that pro posed by Lord Erskine, was in the affirmative--munely, that evidence of the conspiracy should be admitted, under this con ditions that the general nature of the evidence proposed to be stated, in order th a t the Jud ge ndduced should be previous l y may d eter mine bow far it is capable of affecting the defence. The Artourrr-Gunzaat , now solicited the iudulgence of their Lordships to wake a few observations. When their Lordships bad commenced these prooeedinp, they had deeLtred that they would assimilate cleat as much as possible to the proceedings in the ordinary Courts of Law i and it was from acting agree ably to this principle that he bad yesterday thought it his duty to interpose us objection to the course of examination which the Clouasel for the Defence were pursuing. Ibe opinion of SW lamed Judges, as just delivered, had, as he con 1241POilis qty of that Ohjeettea• At the mote • •• , titre, if their Lordships should be of opinion that the In quiry-waione whish ought for any end of justice, to be pos. stied in the present star of the proeeedbigs, the Counsel for the Bill had, for their part, no objection, feeling assured, as they did, that the result would redound to the credit of the Gentlemen engaged in the Milan Commission. If their Lordships thought that the objection on their part should-be waived, they would readily do *Di but if such should be their pleasure, he begged to remark, that supposing a prima facie case should be made out by the Counsel for the defence, an opportunity must be reserved to the Counsel for the prosecu tion of afterwards rebuffing that ease by contrary evidence, The Learned Gentleman had thought it necessary to say this much ip his own vindication; the objections he had interposed might have caused some delay to their Lordships, but in making them he had done no more than he conceived his bounden duty. Lord LIVERPOOL said he felt particularly anxious to save the time of the House, and for that reason, as well as for others which he should state to their Lordships, he was desirous that the course of examination, to which the objec:. tiles had been raised, should be pursued. The question re tardieg the Agency tad assumed a shape materially differ ent from that which it bore the day before the List witness bad been examined. He felt, that whatever might have been the degree of agency tn which Vilmacarti had been employed, a qualified agency had certainly been proved in the course of the proceedings, which rendered it extremely desirable to have the evidence, w hich was considered so important by her Majesty's CounseL lie understood the Judges to say, that in their opt.: nion the. inquiry could not be pursued; but the Attorney-Genera' . having expressed his wish to waive his objection, he trusted their Lordships would give the Learned Counsel credit for having done so, and permit the evidence to proceed upon the investiga tion, which had now assumed so important a shape. The opi nion of the Judges having been entered, he suggested that there could exist no difficuky to admit the evidence, particularly as it seemed essential to the full administration of justice--(Hear). Earl GREY said he certainly adhered to the opinion he had already so firmly expressed, that the question ought to be put, not for the reasons stated' by the Attorney-General, or by the Noble Lord (Liverpool), for if it appeared, that according to law the question could be put, and that the opinion of the Judges authorised Counsel to put it, there could certainly be no ground for departing from the sentiment which he bad expressed. The admission by one of the Counsel that he would waive the objection which he had maintained so resolutely yew.; terday, could -not operate to induce him to depart from the rules of law and the principles of justice, if the evidence contended for could not legally be entertained, notwithstand ing the gnat anxiety which the Noble Earl (Liverpool) enter taiued—an anxiety which, if it had existed before, would have saved a great deal of time, unnecory trouble, and discuselefew (Haw, hear). Retaining the opinion which he had before es•. pressed, be was the more confirmed in it by the opinion of that Judges. The question was, whether, according to the prat. ' tice of the Courts below, the question could be put ? The answer to that question did not appear to him by any atelia satisfactory, for the Learned Judges had not stated that it me. the object of their Lordships to obtain a knowledge of the prime: tree of the Courts below upon questions of the kind. Chief Justice had said that he rose to deliver his °pink* with great doubt and diffidence, and be supported his opinion with an elaborate argument, but be had not stated what was the practice of the Courts below, notwithstanding the time oc cupied by the argument, which was given to greater length than had been calledfor in his situation. But this was not all. In one part of the opinion, the Learned Judges stated that facts and circum. stances might occur which might materially affect a cue in their Lordships' opinians, and render such an inquiry as that alluded to necessary. Oa an opinion so inconclusive as this, and under circum stances of such a peculiar character as were brought forward upon this extraordinary case, it became his duty to declare, that the inquiry ought to be proceeded In. To put an cad to the discus sion at once, he should move that the witness be called In, and asked the question relative to the inducement offered by Vain:m ewl to deliver up the papers of her Royal Highness. The LORD CHANCELLOR said, he feit it to be his &sty to say a few words upon this subject. When he had called their Lordship's attention to the subject, be stated the practice of the Courts below. If he understood the answer of the Learned Judges, they had no practice or usage t. direct them upon the subject. If, when called upon to state the law upon the subject, the Judges had not Stated the grounds of their opinion, they would have been wanting in their duty. He then declared that` no consent upon the part of the Attorney-General to waive the objection, should prevail upon him not to press it, if he did not consider that exception in the opinion of the Judges, with respect to particular facts and examinations as calculated to in. ffuence. Ile was of opinion that the particular circumstances of this case were not sufficient to let in the question. But he would not press his objection, as he knew that several of his cotemporaries entertained a different opinion. Lord EftSKI NE could not but remark on the singular dis tinction made by the Judges, as to the three questions. 'They had said that, in opening the case of a conspiracy, it might be done by general evidence, and then afterwards brought home to the parties. Were that the case, he conceived the admission of his question was the admission of the whole, and he would therefore move, that the question to the last witness, which was objected to, should now be put, and for this be would quote the authority of the Judges themselves. The .1,01:.D CILINCELI.OR. wished to know if it was their Lordships' pleasure that the witness Pomarti be called in, and the question put to him which had been objectedso on a former day ?—lt was agreed to, and BONTICLIO POMA nn cal:4lli*. - Mr. Grime reAd the minutes of the evidence given by the witness on a former day. • DZSMAN wished that the questions and 'answers should be interpreted to the witness, or Mr. Gurney read them. Examined by Mr. Wu..on. You stated that Vilmacarti told you to bring him the papers belonging to her Royal Highness. Did he offer you any induce ment to bring those papers ?—He told me that be would give me employment, and give me more emolument than my usual employment. Did be state the nature of the employment he would give you 7—Yes, in the Police of Milan. Did you afterwards possess yourself of any of her Royal Highness's papers, and take them to Vilmacarti ? The Somerton- GFICSUAL objected to the question. Did you, in consequence of your conversation with Vilma card, do anything with the papers of her Royal Highness?— Yes; en the following day I brought him some. Did Vilmacarti say anything about the time you should go to his office?.—He told me to call in the evening; Did be mendon any pasicular time in the evening ?—Yes, after sun-set. Did you. upon any other occasion take any papers to Vilma. card relating to the Princess /—I did. For how long a period were you in the habit of taking her Royal Highness's papas to Vilmasarti The Souertos-Ggstift# obicagd la the question. • On how many mations did Au iske . papen fray► Codal:i Ilatacartl?—.l de not know bow many times.- Did you do it buquently ?—No. How often yoit or sight times, at the Did Vilmacarti know you were clerk to Codaul when you took the papers ?—He knew it, certainly. By whose desire did you take them ?—I don't know the name. Had you any conversation with Vilmacarti about taking them ?-11e told me to bring to him all the papers I could get. Did you receive anything for taking these papers?—Money. How often did you receive money from. Vilmacarti for taking him the papers of her Royal Highness?-8i: times. Were you satisfied with the matey you got from Viimacarti ? .110 t. Did you ever complain to Colonel Brown, that you did not get money enough from Vilmacarti fox taking papers to him from your master ?--I complained once. What did Colonel Browd say to you on snaking this corn plaint?—He told me that he was a friend of Vilmacarti, and that I ought not to doubt but that he would pay me what be promised. Did you, in consequence of this conversation with Colonel Brown, make a fresh application to Vilmacarti I—Colonel Brown told me to call on Vilmacard on the following day, and ht would give me something. Did you call on Vilmacarti?—l did. Did you receive any money from him ?—I did. Where does Vilmacarti live in bilba?—Rue Gabelio. Did be live there when you took papers to him ?—He did. Did he always live there?—No, when I first took papers te him he lived in a lane of the Rue Gabel°. Where did Colonel Brown live?—Beyond the bridge at tit* Eastern Gate. Do you know the number of the horse ?—I do not. To what subject did the papers relate which you took to Vil.. macarti? The Somme-Gemmel. objected to the question. Do you know what the papers relate to?—Souse of them. Can you state what subject they related to?—.-(fie was the deposition of the femme de cluunbre who had been sent to Vienna with Sacchi. As they went along the road Saccbi said— Here the witness was interrupted. I want to knew what the papers related to?—They were letters. Any depositions et witnesses I—Not among the letters. They were letters of the Princess, of Bergand, and others. Besides the letters, were there say depedtkos or statements at witnesses ?—There was not. What other papers were there besides the letters?—Copan of the answers of the advocate Cedars'. Answers to what N—Answen of Codassi to Bergand. Any other papers 7—No. Do you know what subject the letters related for—Some of than. State them 7—One was a letter of Demand. who said be would Dot return to Milan before he saw those persons who went without shoes before, go without shoes again. The Earl of LIVERPOOL suggested, that the last answer should be struck out. The LORD CHANCELLOR was of the same opinion ; and the whole of the answer was strack out. except " One wee a let ter of Bergamot." State what the letters related to generally 7—The Advocate Vilmacarti told me to bring those letters, particularly the depo sitions of witnesses. Did you . carry any papers relating to the abject to Vilma. card ?--Letters, not papers. Do you know a person of the name et Regantil—l do. • Did Reganti snake application to you respecting the mon lie was at my house, and did apply to me. Did you tell Vilmacarti of Reganti's application I—l did. I asked Vilmacarti what sort of man Reganti was?—lle told me that he was (person of condition, and that I should give him any papers. What papers did you give Reganti i—Papers rupee:lag the Wain of her Royal Highness. What affair of her Royal Highness ?—The affair now pendia& Did Reganti know in whose employment you were?-110 knew it, for he had come to my boase asking alter the Secretary of Godachi, and I was the Secretary of Godachi. Did Viknacarti say anything more about Regenti's employ ment ?—He told me that be was a person of character; be told me nothing else. When did you first disclose to Godachi that yes bad taken these papers?—On the 27th of July. What year?—This year. - Do you mean 1820?—Yes. Was that the first time you informed Godachi was. We have this day received letters from Lisbon of the 7th instant. On the Ist, the Provisional Govern ment arrived at Lisbon from Oporto, accompanied with a numerous military escort, and was instantly united with that appointed at Lisbon. There was nothing to be heard but acclamations of joy —nothing , to be seen but illuminations and other demonstra tions of joy. On the sth, 10,000 more troops ar rived at Lisbon from the Northern Provinces. The, whole force at Lisbon is now about 18,000 men, all ardent in the cause. The Paris Papers of Friday arrived last night. The KING has issued an Ordinance for convoking the Electoral Colleges of certain Departments, to elect Deputies, to replace those who are about to go out by rotation. The arrival of M.BENJA3tIN CONSTANT at Saumur, on the 7th ins:. is said to have occasioned, nett day, some disturbances, in which several persons were wounded. On the 9th, M. CONSTANT left , the place, under an escort of 20 gendarmes. A public dinner, to which he had been invited, did not tape place. On Wednesday, the Court of Assize at Paris sen tenced to the pillory, and twelve years hard labour, a fraudulent bankrupt named Carre. These Papers bring nothing new from Spain or Naples. They mention the receipt of Lisbon Jour nals, without stating the dates; but adding, that they are chiefly filled with details of the successive ad herence of the provincial towns to the new Govern ment ; and that they further contain an official Act by the Secret Notary of the Inquisition, certifying, that at the me qm of the RevOlution there was not found a single individual confined in the prisons of that formidable Tribunal. Five per Cent*. left Won Thursday at 74 f. 90 c. We annoviNi yesterday the arrival of his Ma. jesty's ship TYNE, from Rio Janeiro and Lima, -with upwards of four millions of dollars on , hoard, On ac count of the merchants. The letters from Lima icf Iltb June) state, that all apprehensions respecting the safety of Peru had vanisbtd ; the threatened e,- pedition of 8000 men having . dvrindled down to 2000. Previous to the sailing of the Tess from Rio, the VgNotUft bad left for Lisbon, with Lord BtatsvouL, on board. It is understood that the Klsio had given him fresh powers, and conferred on him the rank ‘i Generalissimo. Ere this, no doubt, he has arrived in the Tagus, where such great changes have taken place since his departure. I , RIO JANEIRO, ALIOVIT 19. " Every arrival from the River Plate adds" to the melapcholy picture I transmitted to you in my' latr. The country is in fact bent down by the weight ci wretchedness and misfortune. The same anarchy and cabals exist in the Capital as well as the Provinces, and the sober party are deeply intent on the means by which they'can rid themseiyes of anarchy and the rivalship of contending rulers. In the agony of de spair. they tern their eyes towards Spain, and in hopes that some good may come from that quarter, and speedily, the partisans of reconciliation increase; in deed, this is a feeling already visible is the Journals." " IRUN, OCTOURR 3. " Letters from Itladr;d state the prevalence of a [ report in that Capital, that England has demanded of our Government permission to occupy, for a limited time, the ports of Vigo and Corunna, for the purpose of disembarking troops destined toast against Portugal" i The Bailiffs of the Borough of Tewkesbury hare declined to call a Meeting for the purpose of addrc.ks. ing the Qualm, during the proceedings in Parli&mein on the Bill of Pains and Penalties. Lord YARBOROUGH is recovering fast fi om his late severe indisposition. The following curious letter appears in a German Paper—the Allgemeine Zeitaurg: '; TRIZSTS, SM. 21. " Several of your subscribers here have read with great surprize, that Pietro Cuchi, the person who came forward as witness against her Majesty the Queen of England, has had the impudence to tail himself the agent of the great Inn at Trieste, and that in No. 252 the Austrian Observer he is designated as Inniseeiter here. He was nothing but a mere Ka mer in the abovementioned Inn. di Our Vienna Correspondent, fawn whom we T. ceived -our former statements respecting Theedat Majotchi,• now communicates to us the following fact from a Milan letter :••••• Theodore's wife, during his eight een months' absence at - Vienna, became preg nant. In Milan. When Theodore expressed his dis pleasure to her on this subject, she told him that she had receliresi as sufficient indemnification for it foul Colonel The compliant husband now declared himself perfectly satisfied . * -- •POR TING I NTELLVENCE. NRWIitARBET SECQND OCTOI3BR MEETING.. 2101IDAT, OCT 16. Thit Biliingbra Stakes of gongs. each, h. ft. D. M. cat., si t. 7lb. and fillies, Ba.- 31b. Mr. Morris b. e. Abjar, by Truffle - • Pee. Duke of gralion's Windfall, withdrew his stako., Seven paid. - The Garden Stakes of 100 p. Ta M. M. Sir j. ilbeliey's Antar, fist. 101 b. 4 • Lord ft's Glow-worm, 9st. 61b. - 9 Mr. Chaim's Phenix, Bst. 81b. . . General Grosvenor's Blue Bell, 7st. 121 b. . 4 Mr. Udney's c. biEtectiou, 7st. 2 to 1 apt Antar; S to 2 apt Glow-Irorm First rasa.-One-third of a Subscription of 250. each, for 3-frr old colts, Ist. 91b. and Allies, fist. 61b. A. F. Bono !Wee propetty of Subscribers. Eight Subscribers. Lord Vermont's b. f. by Soothsayer - 1 Lord Suffield's b. a. by Vandyke Junior 2 Duke of Graftode ch.- f. Rowena • 5 to 1 apt Lord Egremones b. f.—. 3 to 1 ages k i prA Saßeld's b. c.-5 to 4 apt Rowena. TCILIDAT, OCTOIZI 17. Handicap" Sweepstakes of lOgs. each, for 3-yr olds and upwards T. Y. C. Mr. Lake's Soota, sat. 21b. - 1 Mt. Wyndham's Snowdon, 7st. 91b. - . 2 Lord G. H. Cavetultsh's Little Dick, list. 91b. Mr. Crockford's Sultan, Bst. 91b. Thirteen started—The udge placed but two—Three paid ft., 1! to 1 agst Soota—lo to 1 agst Snowdon-2 to 1 apt Sultan. Fifty Pounds for 2-yr-olds ;sobs, Bst. rib. fillies, list. sib. T.Y.C. Mr. Hunter's ehesnut colt Resales - . 1 Mr. Bataon's bay colt, by Sorcerer - Mr. Fox's brown colt; by Fyldener - Mr. Lakes chesnot illy Loubon Sit started—The Judge placed but three; 4 to 1 apt Rasselas..-2 to 1 ask Louisan. One-third of a Subscription of 25p. each for 4-p-01 , 41 coital ost. 101 b. fillies, sot. 71b. His Rotal Highness the Duke of York's b.c. Banker 1 Lord Suffield's chesnut colt Comical - 4 Lord Egremont's grey colt Little John - . 3 '6 to s . apt Banker.--2 to 1 agst Comical--3 to 1 apt Little Alm. Last night's Gazette notifies that the Ring has ordered a Cloff, d'Ehre to pass the Great Seal, empowering the Dew and Chap ' ter . of Exeter to elects Bebop of that See, void by the trmtlt tion of the Rev. Dr. Pelham to the See of Lincoln; and recom mending the Rev. William Carey, AD. to be elected Bebop of the said See of Rrater.—The King has also - granted to the Rev. Robert Stevens, M.A. the digniry of Dean of Rochester, void by the death of Dr. Witihun *raiment Busby. Qoion-Sovana.--I'esterdey, JG O►een, a private Is die Cold" tstream regiment of Guards, was charged, under the 45th or Geo. 111. with enlisting into the said Regiment, iti order to ob i rain the bounty, whilst enrolled in the North York regkrient of I militia, and which offence subjected him to a penalty of dvO. The Magistrate informed the prisoner the York Militia could keep him till hls term expired, bat that he should serve in tbg Coldstream afterwards during his life. Ile was convicted, sun In default of payment, was committed to the noose of Ca , reed= for three months. ' COIN RICIIANGIg, Oe,. 111...—We have had MI feeds apply at "Wheat since Monday, and but little left ov er f ro m th a t 'day's arrivals from Brea Kent, and Su&ll,in consequence of which the few fine sample s, that appeared this morning, were readily disposed of on full se good terms as al Monday, 'but there was but little demand for elie inferior •qualities. We bad but few samples of Snell/privy at market, yet the trade was heavy g Mandai's eked. Grey Peas are in sbuu4ant supply, and retbcr cheaper, as Well as the ordinary descriptions of Oats, but fine Corn met ready sale. In Beans, and other articles, there is not any akeradon. LONDON Printed and tutdiehed by Levu. Karr , Placa- Place, Teniple,Par. . . 1:= Nu .... Twe the in C don; ••—•• G foe a simo Mote 800 ism • P Loa Ilimmm %MI vet Col I Sr