Star. — London, England, 1820-10-19 00:00:00

. . admissible upon the present case. A conspire" might exist I The Abfivi and Ittiiiti frigatei, instil riled wi:hont the subornstion of witnesses. It was certainly most from Portsmouth on the 16th ult. with sealed orders, necessary to look at all evidence upon such a charge with the greatest jealou.y, but the argtiment that because a conspiracy at that time supposed for Lisbon, passed Gibraltar could be proved, there would be an end to this case, was quite on the 27th, for the Mediterranean. absurd. - • :dr. BROUGHAM said, that Mi. Williams was ready to state hi: view in asking the question. 31r. WiLLIAMS declared, that he never entertained a thought ef potting the question with the view of obtaining evidence spins: Colonel Brown. What he called upon the withess to prove was, that Zangla had told the witness, that it he would give evidence against the Queen his fortune would be made; — that the winless said," How can I do that, as I have never seen Iter?" und that 2angla immediately proposed to slew him the Villa d'Este, &c. Ike. and by that means to give him sufficient knowledge to enable hint to serve himself: -.- The .Ivamisev.GENERAL said, he again objected to the qt e;- iion. The evidence was meant to Ix agency upon Zangla, and i•nntd not be legally received. The SOLICITOR-GI.NsRAL contended against the evidence, and quoted the cases of the Marquis of Stafford and others, to prove that it could not be received. He contended that there had been no proof of conspiracy that could influence a reasonable miud, and that Wore evidence of this kind could be received, the strongest grounds of conspiracy should .be established, as well as the fact' that Zangla was one of the conspirators. It would, indeed, be lamentable, if mere vague speculations.were to fix a malignant crime upon other absent and honourable persons. Mr. Wini IAMS said it never had been intended to prove the crime of con-piracy by this witness's evidence, against those who were concei mot in the Milan Commission. The evidence he had called was to affect Zangla, and not Col. Brown, and he was glad that the it Lordships now understood the question, and that no reply would be made to what had been stated. A tonspirzey might have existed without the knowledge of the Ntlau Commissinnets. The circumstance of their going over to collect evidence, might have excited an' appetite for profit in many persons, and without their knowledge the conspiracy might have arisen upon that foundation. It bad been insi nuated, :hat Linea ought to be called by those who wished to charge the conspiracy ; hut they already charged him with being a culprit, and who would call upon him to crimmate himself ? The Learned Counsel asked. if it was at all likely that Zangla, v. ho was charged as a criminal, should come to the letter mis sive which her Majesty's Counsel might send for him, even if they should be foolish to ask him to criminate himself. The very act which they could prove Zangla to have com mitted, was, indeed, a strong proof of the conspiracy; and, according to the rules of the Courts below, as decided in the State Trials end in trials for Conspiracy, it was left to the Counsel for the presecution to give general evidence of the con spiracy, and then prove the particular acts. As the case was now understood by their Lordships, he (the Learned Counsel) submitted, ou every ground, that the question ought to be ad mitted as evidence. Mr. linoecu.as followed on the same side. The Counsel for the defence did not seek to give evidence of the declarations of Col. Brown to Zangla, through the testimony of Meotti, in order to criminate Cul. Brown, or the Milan Commission. That was not the present object. He had already bad something to do with the Milan Commissioners, and he, perhaps, might have to do with them again, but not at present. But because they did not now seek to fix the conspiracy on Colonel Brown and his coadjutors, was her 31ajesty's Counsel to be prevented from proving a conspiracy on the part of other individuals to impede tie evidence for the defence, and to increase the evidence for the Bill? Whoever he might be, whether Brown, or Zangla, or any other persen who had done this, and he could prove that it had been done, the fact ought to be brought home to him. Colonel Brown was an agent for the Bill, but he, the Learned Counsel would spew, be was not the only one, but that there were seve ral others, and among them Zangla was an active one.— If he could prove to their Lordships that Zangla had made the offer which was imputed to him, and had accompanied that offer by the declarations which had been already stated, their Lordships must either admit that proof; or, if they shut out the evidence, they must be prepared to add that, admitting the facts v. ere proved, they were totally irrelevant to the case of the Queen. With what colouring of justice, he would ask, could that be done? The Learned Counsel ott the opposite side sometimes c:dled this a judicial and sometimes a legislatorial proceeding, just as suited themselves or their clients ; it was one of the difficulties of the case that it was both. And could their Lordships, acting in the double capacity of judges and legis letots, say, that if the offers and declarations of Zangla were all admitted to be true, it would have no effect whatever on their minds on the second reading of the Bill? and this their Lordships ;met say, or admit the evidence that had been offered. Can your Lordships (said the Learned Counsel) do this? I appeal to every one among you, if, after receiving such ev!. &nee, you would not pause before you passed the Bill. lam proving that Zangla made himself an active agent against the Queen, by what he has done. Ile says to a person he wished to seduce, to become; a witness far the prosecution, " Swear against the Princess of Wales, and you shall have a reward." The man says, " I cannot, I know nothing about her." " Oh," cries Lingle, " what signifies that, I will take you to the gardens where she walked with Bergami, to the rooms where she sat with him, and I'll tell the day and the hour when they were really there; so that you have nothing :to fear from exposure. So here, come along with me—take these Napoleons, choose your spot, I will prove the Princess and Berganii to have been there, i zed you have only to swear that you Jaw it, that's all."— Thi continued the Learned Counsel, lam prepared to prove; and it would be monstrous to suppose for a moment that, hear leg this, any one of your I.i.rdships could lay his hand on his heart, and declare on his honour, that suck proof would not re..ke the slightest difference in his mind, as to passing that Bill, which was to ruin the Queen. The Learned Counsel begged that their Lordships would always bear in mind, that it was no neuter whether Brown or Zangla did this; it was only neces sity to prove that such acts had been committed to injure tl.e Queen. It had been hinted, that there might be a con spiracy on the part of her Majesty, at least that there was a possibility of this being the case; but, he would ask, was it rt all probable, that in the month of March, 1818, two years before the trial, and when the Queen did not even know that the trial was in contemplation, that she should have been so provident and acute as to prepare witnesses to rebut charges of which she could not ereheiream? Was it possible that her Majesty should have been ransacking records of Parliament, and poring over Fenwick's case in one folio and Atterbury's in another? That, finding that she must have Learned Counsel to defend her, but that they could do nothing without materials, she must tLerefore get Zangla to do this, and to say that. If the Queen had done this, aloe certainly would have proved that she wps not the wisest of human beings ; for she would thereby have :taken a step which would induce persons to come forward and swear to the facts against her. Ile would not say that this was not pos. ; for it was difficult to say what was really impossible ; but i: was, at least, what Lawyers would term a remote possibility. The Learned Counsel said, that her Majesty's Counsel were not putting Colonel Brown on his trial, but defending her Ma jesty, and it was their duty to go into the means by which the charges had been brought against her. This was a pg 4 most material for their Lordships' attention, for if considered the Queen's Counsel as attacking the Milan. Com mission, and the Counsel on the other side as defending it, their Lf.rdships might be led to forget the state in which the. case now stood, and to render the treatment of her Majesty worse even than they would do by passing the Bill. I, again, beg, (said the Learned Gentleman) your Lordships always to bear in mind, that we are only defending the Queen; we are still on the de fence; and that our opponents are still the advocates of the prosecution. The Lemaxtr-Gseertae replied at some length to the argu ments g her Majesty's Counsel. Mr. Williams had argued the question legally, but air. Brougham had given up the legal arip menu, and had contended, that whether legal or not, the evidence ought to be admiued. As the point in dispute was) question, it night to be regulated by the rules of evidence; or, if then . ' Lordships now differed front those rules to which they had ed lierod strictly in the evidence for the Bill, they were sot /Vying the parties an equal chance. It was not now, in tcuais a charge of conspiracy against the Milan Commis *loners, but azainat persons who were not "roved to have had any comiection with them. If such vague evidence was to be admitted, it would not only be impossible to meet it, but the Proceeding would be imerminable. lie d)efore contended, that, according to the rules of law and the principles of justice, the evidence weld not be admitted. Yesterday afternoon, the younger branches oftheir Serene Highnesses Prince and Princess ESTERIIAZY'S family, u Lh their atrachej suite, arrived at Clundos House, from IVortLing. This day their Serene 11igh uc ,es artived from the above eAce, A letter from Gibraltar, dated September 28, Says, " A considerable alarm was excited last night in the ' camp of the 64th regiment, on the isthmus of tht garrison, by the sudden appearance of a Spanish force of 6,000 men (as it is said) at Morbella. Large quantities of ammunition were sent out to the regi ment, and it was under arms all night. We cannot learn any further particulars." Extract of a letter from Laguira, dated Sept. 15: " A report is current here, that Genefal LA Toney, under the pretence of getting tattle, had advanced to a favourable po sition, and made an attack upon a division of BOLITAIei army, although the armistice had not expired. The Spanish General was, however, deceived, for the Patriot force was much stronger than he expected ; and after an obstinate contest, General LA TOPAZ was completely defeated, and obliged to fly. The Pa triots are very successful un the Main, as they have the entire possession of the river Magdalena ; aid by this time, no doubt, St. Martha is in their possession." Yesterday evening, his MAJasxv arrived at his Palace, about six o'clock, attended by Sir ‘VM. KeprEL, from Windsor. Monday last, the Duke and Duchess of BEDFORD and family left town for Worthing. They are ex pected to return on Saturday next. Yesterday, the Duke and Duchess of BEAUFORT entertained the Earl and Countess of HA R ROWBY, Lord SA NDON, Earl and Countess FORTESCUE, Lady M. FORTESCUE, and a select party of distinguished personages, with a dinner, at their house in Grosve nor square. Yesterday the Duke and Duchess of HAMILTON entertained a large party of distinguished personages, at their house in South -street, Park-lane. The Marquis erf WATERFORD still continues to la bour under severe infirmities, for which his Lordship is almost daily electrified. Yesterday the Marquis and Marchioness ofCAMDEN entertained the Earl of Wirt rwonru, the Duchess of DORSET, the Earl of VERULASI, and a large party of the Peers, at their house in Arlington-street. Yesterday the Marquis and Marchioness of STAF FORD entertained a large party of their distinguished friends, at Stafford House, Cleveland-row. Yesterday the Earl of LIVERPOOL entertained a large party of the Peers, at Fife House. Yesterday the Earl and Countess of JERSEY gave a dinner to a large party of their distinguished friends, at their residence in Berkeley-square. The Earl and Countess BATHURST have issued cards of invitation for a grand entertainment this day. Yesterday, Lord and Lady CArrt. EREAGH left town for North Cray. Yesterday a Court of Directors was held at the East India-house ; when NEIL BENJAMIN EDMON STONE, Esq. took the usual oaths and his seat in the Direction, in the room of Sir ALEXANDER ALLAN, Bart. deceased. Two men and a woman, belonging to a tribe of Gypsies, have been apprehended in Kent on a strong suspicion of being the persons who sent the poisoned pudding to Maidstone Jail, by eating of which the two prisoners lost their lives. It is conjectured that they were implicated with Greet:trees in horse-steal. ing, and took that diabolical mode of preventing his impeaching them. Friday, as Mr. Elliot Church, a shipwright, in Chatham yard, was at work on board the Achilles, on the upper deck, he. by some accident, fell from thence into the hold of the ship, and broke his leg, and so dreadfully shattered the bone, that it was obliged to be amputated. Monday last, a School at Oxshott, Surrey, called the Royal Kent School, from respect to the memory of the late revered Duke of KENT, was opened by , the Prince LEOPOLD, for the education of the children of the poor in the neighbourhood of Claremont. His Royal Highness was attended by his sister, the Duchess of KENT, Sir A. JOHNSTONE, Sir R. GAR DINER, Captain CLARKS, the East India Director, and their Royal Highnesses' Chaplain, Dr. RUDGE. The school-room, which is on a large scale, was completely filled by the Gentry of the neighbourhood, and by a great number of the peasants in the adjacent villages. His Royal Highness commenced the business of the Meeeting with a speech distinguished by good sense and sound judgment, and delivered with ease, and a very correct pronunciation of the English language. He expatiated on the advantages of education, and in the most feeling manner adverted to the strength and comfort he had derived from the principles of religion, on the death of his beloved Princess. In al luding to this melaycholy event, he burst into tears, and tor some minutes, was unable to proceed. At length he said," You all know my distresses, and will judge whether I have not ample reason, from per sonal experience, to speak highly of the power and efficacy of religion, without which, I must have sunk• under my irreparable loss, and to give my support to every scheme which has religion for its basis, and the moral and intellectual improvement of man for its object !" He concluded his very interesting and eloquent speech, which affected deeply every one present, with avowing his determination to take this school under his immediate patronage and inspec tion, and to contribute to its funds, not only then, but on every future occasion, when money should be wanted to carry on its benevolent designs. Various resolutions of tha.nks, &c. were then moved and seconded, by Sir A. JOHNSTONE, Drs. RoPoE, SCHWABE, COLLYER, and other Gentlemen ; and the company departed, highly delighted with the pro ceedings of the day, Her MAJESTY returned the following gracious Answer to the Address from the Female Inhabitants of the Borough of Truro : " I return my cordial thanks to the Female Inhabitants of the Borough of Truro and the adjacent Streets, for this loyal and affectionate Address. 44 Slander has long filled her quiver with envenomed arrows to pierce the very vitals of my reputation; though not one of those malicious shafts has been able to penetrate the shield - of my Integrity. It is not only my destruction that has been the object of my enemies it is the destruction of everything tbsf ought to be most dear to Britons; niy fall was designed to prepare the way for their humiliation. I was to be deprived of a crown : this was a hiss in which I might have acquiesced with less re pugnance, if (had not been certain that my loss of rank would have been their loss Of liberty. But the courage of the . People, aided by the noble exertions of the Press, will both maintain the security of the Qaelna sad the Waertiea of the Nation." Tilt n VOLi titiog IN #6lErtiaAii. We noticed in the STAR of yesterday, the arrival of intelligence from Lisbon: We subjoin extracts of two letters, written by mercisaints of ,the highest re spectability, to their partners in this country : " LISBON, OCTOBER 7. "Most sincerely do I stow congratulate myself on being born in this country, for who would not boast of being a Portuguese ? FroM eke bottom of my heart do I wish you joy on the happy Revolution that has taken place in this country, and which pro mises to produce so much prosperity to its but too long oppressed subjects: If Portugal was the first to shew the world the way to commerce—if she was the first to venture her bark to sea' in discovery of a new world—she wai also the first to point out the way to glory, and the first to venture to call for liberty without bloodshed. Spain opened the way, it is true; but Portugal levelled and cleared that way, through which we are arrived at a pitch of merit and proof of courage, mixed with moderation, of which no country can boast but this little spot, Which Chateles, after comparing Europe to a gold ring, , says Portugal is the diamond which adorns it. Such praise from a Frenchman to another country has only yet been obtained by Portugal. g , What a change was brought about at three o'clock on the Isth ult.! No man dared to open his mouth at fire o'clock. Every man was to be seen embracing his acquaintance; the countenance cheer ful--the mind was free—the chains were knocked off the tongue. Happiness seemed to reign everywhere —.all was order and tranquillity—not even a drunken man was to be seen. " The Governors of Oporto have now reaphed Lisbon, and I may say it is only now that the work is begun. Much remains to be overcome. Many are fearful the English will interfere; I can hardly think that nation so unjust ; at all events, till we hear the King's resolution, I am certain no country will interfere. Should he be so foolish as to object to give this country a Constitution, we shall find our selves in a very awkward predicament ; but I fear his refusal will be the death-warrant of the I-louse of Braganza, as of course some other ruler must be looked for here, and I am sure Brazil will not long remain quiet under so oppressive and so unjust al Government. The King is the best of men, but I regret to say he keeps bad company, for those that surround him are really wicked. As to war between Portugal and Brazil, that is out of the question ; Portugal cannot wage it against Brazil, and Brazil' would not find, and could not spare a soldier to fight against Portugal, which, alone cannot be indepen dent. It will not suit the interest of Europe that she should belong to Spain, nor could -the Portuguese brook such an alliance. If, however, the islands will join Portugal, she may, in my opinion, not only be independent, but a flourishing country, if Govern ment will study her real interests. The late Revolu tions of the Catholic countries will completely belie the assertion that that religion is an enemy to the liberty of mankind. If the Inquisition was used to force a profession of that faith, let it be asked, how many Catholics have been martyred for their religion?" LISBON, SEPTEMBER 30. " Since my last, in which I related the glorious events of the 15th and 17th ult. every day has been occupied in removing certain obstacles arising from the nomination of the Government of Lisbon, which having been done tumultuously by the people of this city, m ithout any regular plan, and it being the in tentions of the Supreme Junta of Oporto only to unite with itself the Representatives of the Provinces of Extremadura, Alem Tejo, and Algarves, it be came obliged, through delicacy, to alter its plan, it being seen that the people here would not approve of the removal of the Government they had established on the 15th ultimo ; however, these men of Opot to, these sages, these men deserving so well of their country, have remedied all, so that the two Govern --ments have united, as you will see by the Gazettes. Thanks, therefore, be given to these sublime pa triots, who have done so much good for their coun try. Words cannot relate, my dear friend, the en thusiasm everywhere manifested ; triumphal arches are prepared, to be illuminated on the arrival of the Supreme Junta, which is expected to-morrow ; what a day of jubilee will it be! But I hope for many more happy days, that day in which our liberty will be for ever secured. Ah ! yes, that is the day that will be the most happy of my life—that day when I can exclaim, this is my country; that day in which our future prosperity shall be secured by means of a well-regulated Constitution ; Keg, indeed, that will be the most joyful day of my life! " P. S. By the Decree that has been received here yesterday from the Supreme Government. we see that it united with itself all the Members of our Provi sional Government, in order to form jointly with that, one body, to be divided into two Sections, one of which will apply itself to the Administration of Pub lic Affairs, and the other to the Convocation of the Cortes." The Lisbon Gazettes contain numerous Proclama tions, &c. of the Juntas of Lisbon and Oporto. The following are the principal contents of those from the Ist of October : OCTOBER 2. " Contains a Proclamation to the troops, thanking them for their conduct throughout the whole pro.. ceedings at Lisbon, for their exemplary conduct and strict discipline. It concludes thus :—‘ Portuguese, the work you have undertaken is great; it is not finished : in the different periods which follow, pre serve the tranquillity which has hitherto distinguished your proceedings; place your entire confidence in the Supreme Government of the Kingdom, respect subor dination and order : everything will be happily con cluded, and you will obtain the most splendid re ward of your resolution and patriotism. —Long live Religion, the King, and the Constitution! " Palace of the Government, lit October, l 820." • - " OCTOBER 4. " An Order of the'Day, dated the Ist of October, Head-quarters at Sacavem, announces to the troops of the Armies of the South and the North, that the Government of the Kingdom, now at Lisbon, invites !the Army to enter the capital of the Kingdom, to embrace their worthy brethren in arms belonging tq the garrison. His Excellency the Commander-in- Chief expects that the strictest discipline will be ob served on this occasion." • PROCL A M ATION. 86 INUABITANTS Or LISBON I—The Members- of the Provisional Junta, established at Oporto on the nitwit Julio day of tite Atigiist 'Wendy di: sired from that time to see themselves in the bosom of this capital, in the-midst of their great and ho nduted City of Lisbbn—to embrace their brethretf— - to hear the loyal expression of their ardent and never-failing patriotism—.:te give and receive reci procal testimonies of the most perfect unanimity of sentiments and interests, and to them we see conso lidated the magnificent work of the public re genera: tion. Never did thei r h earts enterta i n t h e slightest apprehension that the inhabitants Of the Capital would depart from the Portuguese character, or belie the great ideas which history has transmitted to us. of this noble Nation, which, by its glorious deeds, has excited the envy of the civilized world. 4 4 The happy and memorable day of the 13th of September, in which .the Capital displayed all the energy of its zeal for the good of the country, and all the enthusiasm of the most noble patriotism, be gan to realize the hopes of the Junta ; but the Ist of October, when the Oporto Junta made their entrance into Lisbon, exceeded this in a manner which has no parallel in history. The Members of the Provisional Junta observe with great sensibility the extraordi. nary demonstrations of applause with which they were received on their entrance into this city by all classes of inhabitants, and their glory was completely crowned by the kind welcome which they received from the Illustrious Members of the Governmenti with whom they are at present united as well by the ties of respect and veneration, which their personal qualities demand, as by the perfect unity of prin ciples and interests relatively to the great object of public happiness. ta Signed by age Members of the Provisional Government, who entered Liston on the let October." LISBON, OCTOBER 4, To-day, about eleven o'clock, amidst the thunder of a Royal salute from the Castle of Sr. George, we had the pleasure to see the division of the hoop's of the North, and part of those of tilt South, enter this Capital, It was a most splendid sight. The brave troops were welcomed with the most enthusiastic transports by the immense population. The troops baying filed off before the Palace of the Government, the illustrious Commander, Cabreira, appeared at the balcony, from whence he made a short address to the people, and concluded with enthusiastic viva; to our Holy Religion, the King, p his august House, the Cortes, and our future Constitution. He was answered by the loudest acclamations from the count less multitude assembled. The boundless joy And unexceptionable conduct of the people are a proof of the confidence in the happy accomplishment of the great work. At night the city was spontaneously LAW INTELLIGF.NCR. COURT OF KING'S BENCH, OCTOBER 17, ALEXANDER V. KINGSTON AND OTHERS. Mr. Alexander is a printer, of the Jewish persuasion s residing in Whitechapel; the defendants are the Albion Fire and Life Insurance Company ; and this action was brought upon a certain policy granted by that Company, by which, in June, 1819, the plaintiff's stock, utensils, and furniture, were insured to the amount of £2,000. In February last a lire happened in the house of Mr. Alexander, and that gentleman delivered upon oath an account to the Company, in which he estimated bis actual loss at 1.3,10(1; and claimed, under his policy for £2,000, a sun) exceed ing £1,950. It appeared, in the course of the cause, that Mr. Alexander had been in a singular degree visited by that element, against the ravages of which the Albion Company undertook, in the year 1819, to protect him, the accident which gave rise to the present proceeding being the third, within eight years, which had occurred in the plaintiffs house. About seven years ado, he recovered a sum of money from the Royal Exchange Company; and no longer since than the year 1817, he claimed from the Eagle Company ka,ogo, and received, under an award. £750, subject to the payment of his costs. The plaintiff's present claim was resisted by the defendants as exaggerated and fraudulent ; and an offer of re ference, which was twice repeated in tie progress of the trial, being rejected by Mr. Alexander, the cause was left to the decision of the Jury, A vast mass of evidence was adduced upon both sides, but the detail was by no means interesting. The Learned Jude, a little before eleven at night, concluded bis summing up; and the Jury, after re tiring about half an hour, found for the plaintiff, to the amount of 421,200. OCTOBER 18.—suipp V. DARANPA. - This was also a case of great length, and of inte rest comparatively trifling. The plaintiff, who is a farrier near Layton, in Essex, employed the defend ant, a surgeon and apothecary, to attend him under the affliction of a dislocated arm, The allegation - was, that the defendant had, by gross negligence or want of skill, failed to reduce the dislocation pro perly; anfl,. the defence was, that the arm being duly reduced M the first instance, the plaintiff had, by his own habits of carelessness and intoxication, produced the evil which he now attributed to his medical attend atit,—A variety of witnesses, chiefly of the working class, were called as to the facts, who contradicted each other, and, occasionally, themselves; and several surgeons of the first celebrity gave their opinions upon the case, medically considered. .The Learned JUDGE collected generally from the evidence, that, even taking the reduction of the ori ginal dislocation to have been effected, the liMb must have been re-dislocited during the attendance of the defendant. There could be no doubt that, within a few days of the time at which Mr. Daranda's attendance had ceased, the plaintiff had been examined by other cminent surgeons. Those surgeons had found his arm dislocated, and were of opinion that it must have been in that state for at least a month or six weeks. The dislocation, so long neglected, had, at aiat time, become incurable; and the plaintiff was deprived of his right arm for the remainder of his days. It was in evidence that the slightest degree of skill and at tention would enable a medical man to distinguksh between a dislocated and reduced limb ; and, if the Jury thought that there bad been gross negligence on the part of the defendant, they would give the plaintiff a reasonable compensation. Verdict for the plaintiff—Damages £2OO. %The Earl of larzapoog., as Lore Warden of the Cinque Ports, has appointed GliolGs StaIINGER I Esq. Captain of the Moats bulwark at Dover. f '