Star. — London, England, 1820-08-28 00:00:00

I L3rdships. If afterwards the Counsel for the clefeh . state sufficient grounds Irby a witness should be called azaiti, then it ought to be granted by the House. Only let a case be stated, and do not give to the Connsel the . right to waive a cross-exaininao tin for the purpose of collecting evidence to peach the credit of the witnesses. Lord ERSKINE had always understood that it' 'vas left to the Counsel for her Majesty to choose the pzriod of cross-examin !eon. The Marquis of LANSDOWN thought it would be much to the satisfaction of the House to hear the case argued by Counsel, that Noble Lords, unlearned in the law like himself, should know the reasons on which a deviation from the ordinary practice was Founded. If their Lordships adopted a rule. with out hearing the parties against it, they could not afterwards adhere to that rule, when sufficient reason was given for altering it. He should always, in the course of these proceedings, oppose every deviation from the rules in ordinary cases, unless Counsel was heard upon the subject. When the Noble Earl oppo s:te states that he will grant a re-examination on the application of Counsel, he is entitled to the credit cf wishing to afford her Majesty some equivalent for refusing a list of witnesses; but it was not in the power of the House to give anything equivalent to the advantages of cross-examination immediately after an examination in chief, if the list of witnesses had been furnished. This would prevent the exami nation in chief (torn making an impression on that Publ.c which feels as deep an interest in these pro ceedings as their Lordships—(Hear, hear, hear).— A cross-ex imination should always follow an exami nation in chief ; but ih the present case, the Counsel for the Queen had deprived of its advantages. Their Lordships might alter the names of things, but the a I o.lrued cross-examination would not be a new ezaminAtion, but a continuation of the cross-exami nation. The circumstance of a list of witnesses hav ing been refused, and of the Counsel for her Majesty being ignorant of the name and residence of the wit ness, pre-ented all chance of ascertaining at the time how far such witness was entitled to credit. Their Lordships ought not to consider themselves , bound by na.row rules of law; because, if they were so bound they could not go on with these proceed ings. The list of witnesses ought to have been fur nishe.: in the first instance ; the inconvenience occa sioned in the examination of Barbara Kress would have been avoided, and two days would not have been lost. His Lordship concluded an able speech, by declaring it essential to the ends of justice that Counsel should be heard on this subject. Th - e - Earl of LAUDERDALE explained. Lord ELLENBOROUGH was happy that an ad journment had taken place, since it would enable their Lordships to abandon that course, which, if adopted, would have led to great inconvenience. In' , the case of Barbara Kress, the Counsel for the Queen had deviated frem the ordinary course of cross-exa mination. His Lordship objected to an adjourned cross-examination, on the ground of the Counsel not being acquainted with the character of the witness ; and he thought that, as in ordinary cases, the Counsel should be called to enter on the defence, as soon as the case for the prosecution was closed. If their Lordships granted for the defence an interval of eight or ten weeks, to enable Counsel to get wit nesses to impeach the testimony of those examined for the prosecution, on what ground could their Lord ships ref& to the Counsel for the prosecution a simi lar period for procuring witnesses to rebut those for the defence? The LORD CHANCELLOR congratulated the House that they had not come to a final determine- 1 lion on Saturday, according to what then appeased 1 to be the general sense of their Lordships, for it was his decided opinion that a more mischievous prece dent could not have been formed than that which they were then about to establish. His Lordship con icssed that, with the majority of their Lordships, he did think, at the time, that the course they sere pursuing was the right one, but subsequent re9ection had convinced him that they ought to retrace their steps. Up till Saturday the House had gone on exactly as any of the Courts tel..w would have done. On many occasions the iluusc of Parliament was not governed by the rules of the Courts below, but his Lordship was convinced 0 - ,at the less they departed from these rules the more IfLly they would proceed--(Heur, hear).—His Lord ship then proceeded to take a review, step by step, ot all the proceedings in the present case, and liewetl that throughout, the House, as well as the C•iuncel at the bar, had acted on the principle that the Counsel for her Majesty were bound to proceed with their cross-examination of the witnesses imme diately after the examination in chief, reserving always what it would be most unjust to refuse— liberty to the defendant to apply, and shew cause to the House for permission, to examine any of the witnesses a second time—(Hear, hear, hear). — its Lordship adverted particularly to what had fallen from Mr. Brougham in the examination of the second witness. P.itulzo. Mr. Brougham stated, that as h e had not been aware this witness would be produced, he hoped their Lordships would afterwards allow him to be called up a second time, should there ap pear to him occasion to do so ; and to this request Lord.hip had replied, that when the applica• vies made, the house would judge of it.— Herc a as a complete recognition of the rule of ptac ' ties for which his Lordship now Contended. Oohing to the proceedings of Saturday, his Lordship felt hirnitlf bound to confest that, sitting as a Judge, be ought to have interrupted the cross-examination of the witness long before that step was taken by the Noble Lord before him (Lord Lauderdale). He was now convinced that the cross-examination had not kept within the limits prescribed by the House. He could make every allowance for Counsel with re , spect to the multiplication of questions ; the answer ttrooe question was often such, that it would be most unjust if it was not followed up by some other question; but making every proper allowance on that account, he thought that the cross-examina tion on Saturday had been carried much too far. Adverting now to the quest on before the House, his Lordship thought that their Lordships ought to ad here to the general rule, a rule established on the wisest principles, a mode of proceeding which was most consonant to justice, and proved to be so by the universal practice for ages, and which had never, to his knowledge, been in any single instance departed from. His Lord hip then entered into a minute exposi tion of the anomalies which would arise by deviating, in the way which they were about to do on Saturday, from the established practice. Were the cross-exa mination of witnesses to be deferred at the pleasure of the Counsel for the defendant, it would be allow ing witnesses to retire for days and weeks, to think and meditate over what they should say when again brought up. Was ever such a thing heard of? It would be farther unjust to a witness himself, when an examination in chief left any doubt as to his credi bility on the minds of the Court, not to allow him an immediate opportunity of setting himself right with them by answering such questions as might be put in cross-examination. Were the cross-exami nation deferred, it would moreover be impossible for Counsel to go on with any case for a prosecution at all. The cross-examination of the first witness in a case might be of such a nature as to make it necessary to call, as a second witness, a person whom it was never meant to call. The number of witnesses called for a prosecution must always depend on what arises out of the cross-examina tion, and it would be impossible for Counsel to say whether he had closed his case or not until the cross. examination was gone through with.— lhe option contended for would, in short, be destruc tive of every rule of evidence known to the laws of the country. Some difficulties, his Lordship confessed, might attend an adherence to the established rulr; it was impossible that the present case could be with out great difficulty, whatever might be the course pur sued—but because a difficulty existed, that was no reason why their Lordships should not grapple with it, because their Lordships could not look comfort ably at the difficulty : they were not, therefore, to establish a precedent which would be one of the most mischievous ever known to the history of the laws of this country—(Hear).—His Lordship could not consent to any other than that mode of practice which was according to the ancient and established usage. That mode was, that the cross-examination should be proceeded "with immediately after the examination in chief, and that, on cause shewn, permission might afterwards be given to call up a witness a second time, This rule was founded on the practice of the com mon law of England, and he believed their Lord ships would find that that law was founded on the purest principles. His Lordship conjured their Lord ships that from respect to their ancestors and from a regard to every principle of justice, they would go on according to the ancient and established forms of proceeding. It was better far that they should acquit ten thousand persons, than that they should break through a single established rule of law. Left the House debating. We have received Charleston Papers this morning, to the 25th July. They do not contain any news: EXTILACT 07 • LZTT2I 71011 cAanuassA, OUZO JULY _l. " Our situation is daily becoming more unPlessant. Admiral Brion has arrived at Savanilla, a small settlement at the mouth of the river Magdalen, about 70 miles to windward, with twenty vessels of different sizes; his land forces are not known. Martial law has been proclaimed here to-day : we are so taken up with the occurrences, that we cannot attend to any business." Yesterday Divine Service was performed in the King's Palace, Pall-Mall, by the Rev. Dr. CLARKE. Yesterday the Duchess of CLARENCE attended Di vine Service at the German Chapel, in the King's Palace, St. James's. Cutting off the hair was one of the usual punish ments for offences at Colombo (East Indies). This was, it appears, attended with this inconvenience— that crops, who were such from fashion or caprice, were exposed to betaken for punished criminals. An Order of Council was therefore published atColonobo, on the 6th of March last, prohibiting this punishment throughout the Kandyan Provinces. A private letter from Naples of the 7th inst. says, that the KING bad completely recovered from his in disposition. On the 4th, he made an excursion to Capo di Monte, and returned in the evening. He was accompanied by his two sons, the Duke of CA LABRIA and the Prince Of PALERMO. In all parts of the city which be passed through, he was received with acclamations and marks of the most sincere re spect. The Neapolitan Journals contained no intel ligence, as to the affairs of Sicily, of a later date than the 22d ult. Nothing had publicly transpired as to the object of the Deputation from Palermo. An ex tensive promotion is ordered in the army, in recom pence for its exertions in establishing the constitu tional system. There are to be created on the same occasion, 5 Commanders and 39 Knights of the Or der of St. Ferdit}aad, and 51 Knights of the Order of St. George. There are to be distributed among the army 1.53 medals of geld and 250 of silver, and 7000 silver medals among the Provincial Militia. ' liAgtiVdt, AUtiesr This delightful watering place Continues, iveiy successive season ] to increase in pOpularity, and bids fair 0( it may hot already boast to much) soon td outshine its hitherto formidable rivals, Brighton and Margate. Its visitants now no longer consist of a few invalids and retired families, for the town is become the favourite summer resort of many of the most distinguished members of the fashionable world, and can at this moment boast of as numerous a list of persons of rank as any place on the coast. The following area few of the latest arrivals here: Viscount Doane, Lord Montague, Countess of Adrian, Lady Anne Scott and family, Lady Park and family, Hors. Co lonel and Lady Braude, the Right Hon. M. - Button (Speaker of the House of Commons), Colonel and Lady Campbell, Sir F. Vane and family, Sir F. HiU and family, Rev. Dr. and Rev. T. Knox, Mr. S. Ricardo, Lieutenant-Colonel Huxley and family, Rev. Archdeacon Eyre, Lieutenant-Colonel HIII, Colonel Cum berkdge, Major Fotheringham, Mr. Denison, M.P. and family, Mr. Peel and family, Captains Ruddart and Robinson, James Smith, Esq. and family, iStc. exc. The KING remains at his Cottage near Windsor, where he enjoys the society of a select circle. His MAJESTY is in excellent health. Yesterday his M*- ZESTY attended Divine Service at the Cathedral, ac companied by Sir Wm. KEPPEL, the Equerry in wait ing. His MAJESTY entered the Cathedral some time previous to the commencement of the service. The ROYAL GEORGE (Commodore the Hon. Sir CHARLES PAGET), with the two other Royal yachts, continue at Spithead; but we understand no intima tion has been received of his MAJESTY'S intention to embark. The Earl of LONSDALE gave an - elegant entertain ment on Friday, to the Duke of RUTLAND, Duke of , GRAFTON, Marquis of QUEENSBERRY, Marquis of HUNTLEY, Marquis Of TWEEDALE, Earl of CHATHAM, kc. at his house, Charles -street, Berkeley-square.— Yesterday his Lordship entertained another large party. Lord HOLLAND entertained the Marquis of LA NS DOWN and a large party yesterday, at Holland house. The Duke and Duchess of GLOUCESTER will enter tain a large party of distinguished personages, this day, at Gloucester House. The Quern, on her return home from the House of Lords, on Saturday, was hailed with the usual sincere marks of admiration. On the steps of the door, several Ladies were assembled, who pressed to touch her clothes, and were perceived to shed tears of sympathy and affection. An Italian Correspondent says, that the exclama tion which her MAJWITE made use of, on seeing the witness Majocco arrayed against her, must have been " 01 Tradidore, Tradidore !" (traitor, traitor ! ) thereby expressing asmishment that the man whom she had cherished should appear in the foremost ranks of her accusers ; perhaps, too, a man on whom the Quilt; herself had relied for contrary testimony. A letter from Palermo, dated July 26, developes some further particulars of the dreadful transactions that took place there between the 14th and the 20th of that month, which we subjoin for the information of our rraders:— ig Among the public buildings and houses which fell a prey to the fury of the populace on the 16th, were the Register Office, the Stamp Office, the h tendant's Office, the Navigation Office, the Gambling house, the house of the Minister of Finance (Marquis , FERRARI), and several others of less note. All the papers, documents, furnitures, and valuables belong ing to the public offices and private houses were thrown into the street and burnt." The following is the account given of the first at tack by the troops on the people : " About six o'clock, A. m. on the 17th, the people having again collected, about three thousand troops, of which - five hundred were cavalry, entered the prin cipal gate of the Royal Palace, and prepared for imme diate action. A number of respectable individuals, who foresaw the consequences of this step, attempted to prevail on the Commander of the troops to retire, but it would appear (as has since transpired) that he had positive orders from the Viceroy to attack the people, and to compel them to give up their arms. That the soldiers might have every encouragement, they were promised a pillage of the city for three days in case of success. Soon after eight o'clock, Monk, by name GIOACHIMO VAGLICA, who left his convent to join the people, fell down on his knees before the Commander of the troops and begged him to spare the people. On his refu sal to listen to any terms, the Monk ordered the people to fall back to the sides of the houses, when observing the Com mander giving orders to fire a piece of artillery, he took a musket, and shot the man dead who was ap plying the match. The fighting immediately com menced, and continued with little intermission till half-past two P. M. when the troops were routed in every direction. The confusion at this time in the city cannot be described; the t quantity of dead bodies-and wounded, both sol diers and citizens, that were lying about in the streets, was dreadful to look at ; the people stripping the prisoners of their clothing, and burning everything ; a populace of full thirty thousand armed men, running about and committing all kinds of excesses; the ringing of the whole of the bells of the city for victory ; the rolling of cannon and the firing of - muskets, altogether was such a scene as I hope never again to witness. A great number of soldiers led into the country, where they were hunted and shot at by the peasantry like wild beasts. On the 18th, the people having fortified all the gates of the city, a great number of the cannon were found spiked; the traitors, however, were dis covered, and 'three persons, one of whom was Prince Act, lost their basal. On the 19th, a Provisional Government was formed, consisting of ten of the principal nobility, ten citizens, and the seventy-two Consuls of the different trades. A Deputation sails this evening for Naples, in order to negociate the in dependence of the Island, as the Sicilians will not listen to being made a province of Naples." The Journal des Debate says, " It is with pleasure we announce that, according to new information, the Ere which broke out on 9aturday at the Castle of Vincennes, and which was almost immediately extin guished, was an event altogether fortuitous, and had no connexion with the machinations which were woven on that very day in Paris. The coincidence of these two events gave birth to suspicions, which are happily not confirmed." An attempt was made on Tuesday night to set fire to the Royal Stables, in the Race do Carrousel ; and a person had been taken ep on suspicion of having been concerned in it. tilt ittifEY. The Bela* Addled to the Qtr . Kea is arrived , and iral be piresebted by Sir FRANCIS BUEDiTT an d Mr. ROanovsL Yesterday, At tlyo o'clock, C. F. PALMER and J. B. !dolma . , ~rs. the..Membert for the 116intigh of Reading, attended at Brandenbnrgh Hotise, and pre; tented to her Majesty the QUEEN the I.4lt)wing Ad dress, signed by Upwards of 2,000 inhabitants. The Meeting was held on Monday last : TO THE QUEEN'S MOST EXCELLENT le MAT IT rt.smin roux isArerrr, " We, the undersigned Inhabitants of the ancient Borough of Reading, approach your Majesty's presence in all humility, re. 'mace, and afftctiun, to express ens most sincere feelings of joy and gratdlation upod your Majesty's return to this kingdom: " With equal sincerity we condole with your Majesty upon. the various afflictions which, under the dispensations of M une Parelorsca, your Majesty has experienced during your re gretted absence; and more essentially do we bewail the death of our late venerable and revered Monarch, and the premature ddmise of your illustrious and ever.to-be-hunented daughter, her Royal Highness the Princess Charlotte, on whose rising virtues and amiable qualities the fondest hopes of 9ritain rested. " However grievous these events, and-Amatarer your Ma jesty's principles and feelings may in Warr ways be outraged, we still flatter ourselves that in aid of yaw Majesty's native for titude of mind you may derive some solace, anneedegrte f con solation, from the knowledge that the vast majority of a dutiful and affectionate people most truly sympathize in your distresses, and feelingly deplore every cause which your Majesty wan have for unhippiness. - " We who have now the high honour to address your Ma jesty, will yield to none of our fellow-subjects in loyal attach ment to our King, nor in the zealous desite to uphold the prin. eiples of our invaluable Constitution ; but in these drys, when knowledge and - a just perception of their political rights, is fast spreading among all classes, when in fact an awful conflict seems beezistletween intellect, truth, and justice on one hand, and power, corrnption, - and prejudice on the other, we are not so ignorant as to mistake the arbitrary and revolting misdeeds of evil advisers for the wholesome decrees of justice and wisdom ; nor are we disposed to admit that a headlong devotion to the Ministers of the day is the only true criterion of loyalty. • " On more than one occasion, many of us have had the mi sery to witness, and utinvailingly to raise our voices against, Truisms of the King's Ministers, which we have deemed harsh, intolerant, oppressive, and unconstitutional. But we can most truly assert, that no one ..rent has filled our n.iods with stets alarm and disgust as thL proceedings which have taken place, and which are now in progress, against your Majesty, with the view, as it should seam, to deprive your Majesty of your honour and character as a woman, and of your rank and privileges As our rightful Queen. " From your Majesty's firmness and magnanimity in refusing to make any compromise of your honour and t:ignity—from yore Majesty's intrepid and undeniably just claim of a fair, open, and impartial trial—and, above all, from a recollection of the result of the investigation of the former atrocious conspiracy against your Majesty's life and aonour, we-are strongly disposed to be. lieve in your Majesty's entire innocence. " On the former occasion, indeed, the vile calumnies were fortunately, alleged in a specific and tangible shape ; they were susceptible of being, as they fully were, completely negatived and scattered to the winds of Heaves'. Now, on the contrary, by the course adopted, all is left vague, indefinite, and unct rain, as to time, place, and other important poir.ts, most essentiA for your Majesty to have full and early notice of ; and the necessary information, to obviate the difficulties which your Majesty in your defence has thence to encounter, being withheld. " We cannot but feel some disquietude and appreher:ion lest from charges fashioned in such insidious guise, (and which pos sibly will be sustained, or attempted to be sustains d, as hereto fore, by the ment.acious fabrications of unprincipled witnesses), your Majesty's sacred character, however pure and blameless, may not escape contamination and unmerit e d obloquy. Most earnestly do we deprecate so deplorable a result, and entreat that your Majesty will be graciously plea,ed to accept our fer vent prayers that you may finally triumph over your townies by a complete refutation of their charges, and an en:l(l%lre of their machinations, so that your Ali jesty's honour and fame, like gold seven times tried, may, by the severity of the ordeal, become but the more pure and lustrous; and that pair Majesty may lung live in hcneur, happiness, ..t.d tranquillity, trig' If g in the hearts, and enjoying the full confidence and affectionate at ' tachment, of a loyal people." To which Address lies Majesty the QUEEN was graciously pleased to .ettirii the lea :owing Answer : " The patriotic Inhabitants of th: ancie-t Borough of Read ing have given me a strong proof of their attachment js this af fectionate Address. All institutions which --re made for such a mutable being as man, ought to vary with his character and habits, and should adapt themselves to his progressive improve meat in political knowledge, and in knowledge of o her kinds. Those truths which were formerly confined to a kw, are now open to the perception of the many. Political knowledge is in great measure generalized. " Our idea; are now substituted for the vague ibrases of past times. The captive has burst his intellectual cnains. The naind is relieved from its long thraldom to feudal prejudices, ..nd a spirit has arbor which will not endure servitude under doy of its imposing forms. " As Government cannot stop the Aar& of intellect any more than they can arrest the motion of the tides, or the course cf the planets, it behoves them to yield in time to that force of oidnirn which must be finally irresistible; and to conduct it, ere it he too late, to those results which, without end anger i ng t h e pu bli c tranquillity, are in unison with the light of the age, and condu cive to the best interests of civilized man. My adversaries have all along treated me as if I were insen sible to the value of character; for why else should thry have in vited me to bring it to market, and let it be estim.tted by gold ? But infamy is not with me an affair of arithmetical calculation. A good name is better that riches, for I dread nc.t poverty, but I loath turpitude, and I think death preferuble to shame." FASHIONABLE ARRIVALS. At the Waterloo Hotel, Jermyn-street : Mr.. Sandford and family, from Bath. At,Bnuiet's Hotel, keleester-square : Baron de Spreugtper4 ten, from Sweden. At the Royal Hotel, St. James's-street t Sir Hassey and Lady Vivian and family, from their seat in Hants; E. Ker, Esq. from his seat in Yorkshire; the Rev. Mr. Evan, from Bath. DEPARTURES. From Thomas's Hotel, Berkeley-square : Lady Combermere to Tunbridge Wells; Hon. Mrs. Leeson, and Mr. And :\ es. W. Haile, to the Isle of Wight. From the St. Petersburgh Hotel, Dover-street : Mr. and Mrs. Gouldsmid and family, for their seat, Wostwood-hall s Staffordshire. • A numerous Meeting of the Merchants, Manufac turers, and Traders of the Town of Birmingham, was held on Frid3y, at the Public Office, in that town, to hear a Report of a Committee appointed at a former Meeting, and again to Petition Parliament upon the general Distress of the Manufacturing Classes, praying the Legislature to enquire into, and endeavour to remove its cause. Mr. TuosfAs RY LAND, Mr. PHRDON, Mr. RIDoUT, and Mr. RICHARD SPOONER, severally addressed the Meeting; the Report was agreed to, and Resolutions entered into for furthering the object of the Meeting. It was stated in one of the Resolutions, that the wade of the town of Birmingham was reduced to the most deplorable state, the manufacturers not beins able to supply their workmen with mole than three or tour days' work a week; and that one-fourth of the work. ing classes had been reduced to the necessity of sup porting their existence by relief from the l artsh. It was also stated that respectable housekeepers, who formerly had their regular joints of meat, were now reduced to buy smaller quantities, such as pounds and half-pounds; and that the poorer sort were obliged to purchase scraps and small portions, such as penny worths and two-penny-worths of bulipclis liver, far their wretched subsistence. 1 . ..~.