Star. — London, England, 1820-08-24 00:00:00

• • •. \ , .. • the atness tt go farther as to what he merely imagined. Mr. Drearais.ejspostoLy j with great warmth and eloquence. The #- • %oat) oasteituoa was of opinion that the witness ought not to Mallowed to state anything that he merely imagined.—The ouse ruled accordingly]. Eacminotim csirUintit-I.—When at Jerusalem was present at the oeremonr of making Bergami. Austin, and Schiavini, Knights of St. Sepulchre. Returned before the Princess front Jerusa lain to Jaffa ; embarked at Jaffa, after which a tent was erected cit the deck of the seise!. This tent was closed at night. It had a sofa mai small bed in it, which were at a little distance from each other. Has assisted at closing the tent, on which occasion Da-ganii, the Pi 'nem, and somebody else were in it. Does not Inc at who remained there during the night, there being a rntmetieesti_ns from 1 1he inside of the tent to dean Has ken the Princess and Dcrgami walking together on the hack, arm in arm; Bergami, lying on his back in his bed, and the Princess sitting near it, but when this happened, the Captain always sent the witness away, on some pretence or another.— Ilas seen the Princess sitting on the lap of Bergami with her arm round his neck, and Bergami's atm round her waist. On St. Bartholomew's day, during the voyage, there was general mirth. In the eveonsg, the ship was illuminated : liquor to drink, and a dollar each, was given by Bergami to the sailors : there was a dance, with exclamations of- 4 ' Long live the Prin cess?"" Long live the Chevalier !" When Bergami came on board at Jaffa, he wore a new Order, called St. Caroline. The Arvoanar-Gursitau said that he had no more questions to ask this witness. Gaetano Puteirso cross-erananal by Mr. Demure—Several othe:a of her Royal Highness's household had the Order of St. Caroline beside Bergami. Seven of them had. Lives at Mes sina; has the rank of First Pilot in the Royal Navy of Naples. Not married. Never changed his name. Crew of the Polacca coasisted of 22 persons. Has this week seen the Captain, and two months ago saw at Messina one of the sailors. A trap door. in the deck was within the space covered by the tent.— The Vice-Consul at Messina first applied to hint to-come here on this business about the 24th of July. It was the first appli cation made to him. The Consul-General sent for him.— What he should have far canting would be very little in deed. As a compensation for the ship and trade which he had given up for coming over here he was to have ciiht him sh.:tt doZars per menet. The av, rage of the dollars was four etillirgs and the He paid nothing, for he was acccm reeled by a courier. He was obliged to come. The Consul told him if he would not come he would be made : he came unwillingly. Ile travelled over with a courier. Any questions as to the car t U:ges in which he travelled were useless, for the Minister gave him to the courier, who delivered him to Colonel Brown, who gave him to another courier, who landed here with him—(A I:ugh). lie was at Milan two or three days, and there saw a person who examined him, and took down what he said. There were present Colonel Brown and three other persons. Colonel Brown told him to tell the truth. He had not taken oaths upon the Cross of Cu RUT, but he could do so, for he spoke the truth. Ile was not examined at Naples. lle travelled with Mr. Croas irons Milan to Paris, and arrived in London yester day. Duri:tg his stay in Paris, which did not exceed a day, he d:d not s c aaybooy who spoke to him there on the subject or her iloval Highness. If they had dcne so, he would have said as i a said now. lie was examined in London before he came to the place in which he now was, but he was not sworn. lie bad been, since his ar, leal. where others were, down below. lie did r. at know who that' were. for he never had the curiosity tea label them. He did no: know whether there were ten people thcro.--ten times ten ware a hundred, if he knew anything of arithmetic. There were about six persona with hint there.— Theodore, the Captain, and the cook were amongst them. On what day did you coma over front Dieppe to Billiton?— lesteriky I arrived. I: w...s Tuesday. (hi ...‘ionday ' I set out ftatn Dieppe, and in the evening we reached Brighton. Mr. Dxsitaitn asked this witness no further questions. ?dr. Buouosam expressed hi, hope, however, that their Lord skips wooi.l not consider the cross-examination as ft:m . lly closed. When it was recollected that his Learned Friend and himself could not be aware what witnesses would be produced on the ether side, until they were actually brought to the Bar—when it was recollected that the very names of those witnesses were unkrown to them, he trusted that his Learned Friend and him self might be held u reserving the right again to cross-examine aey witness:, that might have left their Lordships' Bar, if, at a fauns period of the proceeding, they shouid see occasion to do so. The LORD CHANCELLOR cf.iserved, that their Lord ships would judge for themselves, on any occasion arising, such os that alluded to by the Learned Gentleman, and would do whatever justice might stem fo require. The Arrositzy-GrisEum. begged to ask the witness two or there questions arisinz, out of the cross-examination. Have you not an interest in a :hip which you left at Mes sina?—Yes. • Wi hat size is your ship ?—€2.61 tons 1. nut the allowance of 800 dollar; a month, which you talk. e t,?, paid for the value of the unemployed ship—for demur 'qv ?—Yes. I• that. in your judgment, more than an adequate compensa tbr. fur the loss which you sustain in consequence of the ship's Ling unemployed?-1 want to know whether you mean as compensation for the ship, cr for labour? Fur the ship's being unemployed for the time ?—The 800 dol lars are not •for the mere hire of the ship and the crew as car but for what we might derive from our own trading. We miiht lost by trading, but we might gain a great deal. Tsking those circumstances into consideration, is the stipu d sum more than an adequate compensation?—l cannot tell. If my sptculation were to succeed, I should gain mote. But if try speculation were to fail, I might lose more. By Fail ORE Y—l wish to ►now where the witness's ship now is ?—I left her at Messina. Was it about to sail ou any voyage when the witness left lklam.itsa?—No. Must the :hip remain unemployed during the witness's ab krce?—l do not know. T s it not probable that she may be sent out by the other Pro r:aturs in the usual trade ?—Why not. They may put another C- , ,tain in and send her nut. That would hurt my business. I"..en I ant to understand that the compensation is for the wLress's absence, and nut for the ship's being unemployed?— Y,t leaving the ship, and for losing that which we might snake by our vatic. Has the witness any share, as a proprietor of the fourth-part of the ship, in the profits made by any trade in his absence ? Aftes deducting the expenses of the vessel, the fourth part of what is made by freight is given me ; but not of what may be Gaited by the other prop.ietors from the profit of speculations it. trade, Then I ant to understand that the witness has a share in the roF.:s of the freight, but not in the profits of the merchandise? --1 have no share iu the profits of the merchandise, as I ant not pr.:sent. Iu the voyage from Jaffa, how many sailors were usually on dnk at a time, at night?—Half the men were on watch for fear hours, the other half were in bed. 'lien I am to understand that only ten or eleven sailors were ea deck at a time, at night ?—Never fewer. When there was ba:l weather, all the crew came on deck. 'Were those who were on the deck in the habit of walking up and down ?-I:.xcept the man at the helm, and some who were the horses, the others walked about. _ _ _ Was there a passage by which the sailors could walk past the t_:.: =Tnc telit occupied little more than half the brcadth of th; Was . there a passage by the side of the tent from one end of the ship to the othet ?—On one side of the tent there was. On the other there u 45 not, as the tent reached to the side of the . . . . _ Were the men in tl:e habit of passing the tent during the night 7—Wilenever they had occasion to pass they passed. When they were rot required to do so by any d4y, they remained on th forecastle. The Marquis of LA NSDOWn—Tne witness has said, i*.tat when her Royal flightless, llergami, and the Captain were at the tent, he w..s sometimes told to go away. To what other Fatt of the dcck did he go ?—According to what was demanded o! mt. _ _ . ‘Vbat did the Captain order him to do; to go below, or what? —sonseamcs he told me to go to the cabin, sometimes to the )reustle, to take care that the sailors did not make a noise in s ship. lrhi.o the Captain told the witness to remove, were any other p Imo is near the tent where her Roya i l Highness, Bergami, and rat Caktito were ?--1 went away. I was divided from them, tarngh eumetii.ies only by the longboat. In what pea of the vessel were the bench and the gun of which the witness spoke? —ln the middle of the ship. At the time the witness was &vete& by the .Captain to re riovc from tht part of the deck where he, her Royal Highness, all 4 acrgarni were, wuc t h at other ferrous wbs rtraiaed .e - ~_ -•- a• =: -.- ,- *ear that part of tie deck ?—As soot is I away I cad as know what was passing. ' The witness must know if be left any body. Was any body el se suffered s o rema i n when the witness was directed to go away 7—Before I west away? All afterwards Ido not know anything about. That's the time...—Af the moment I went away, something was ordered, and I could not pay attention to what was done, or who remained. At the time that her Royal Highness and Bergami were re clining on the tent, was the weather calm or stormy ?—lt was summer-time, and fine weather. Was there much motion in the vessel?—There were light summer airs. There was hardly any tide to make a motion. It was calm. The ship did not move. By the Earl of ROSEBERRY.—In the voyage to Jaffa, the witness has said there was a communication from the tent. —Was it to the ship below, or only to a particular place from which there was no ether exit?—l will describe it — L - The wit ness took up a pen to make a plan of the place]—De their Lord ships wish for a drawing of a part or of the whole deck? What I want to know is, if there was any communication from the tent to any part of the ship ; and if so, to what part?— [The witness made a drawing with pen and ink, and it was handed into the House]. From the tent, so pliced, was there any possibility to get to the dining-room?—Yes, there is another place, which I have marked, a little higher up. The witness has described the position of her Royal highness and 13ergami on a gun. Were there any other persons but himself capable of seeing that position ?—Yes, two or three. A part of the crew was on deck taking the air, and they might see, if they chose. Does the witness recollect in what part of the ship Theodore Majocco slept during the voyage ?—Yes, he had a place assigned him, and a hammock in the hold. Could he possibly observe what passed in the tent?—When he slept in the hold he could not, for it must have passed through two decks. By Lord ELLENBOROUGH—Did Theodore always sleep in the hold ?—I do not know. _ _ _ Where did Bergami sleep, in the voyage from Jaffa?—There were two beds under the tent. Wherrthe tent was open a small bed could be seen in which was Bergami. Had Bergami any other known place to sleep in but the tent? When the Princess and Bergami * slept under the tent I did not see them; but I am morally certain that the Princess and Ber gami slept under the tent, because the horses made a great noise, and they kid they could not bear to sleep below. Where were the beds placed in the voyage from Jaffa which the witness described in the voyage from Tunis ?-0n the sofa there was only left a single mattress of the Princess's. The other mattresses were placed on the bed below. The witness has stated that the cabin was divided in two, and that the bed fo: Bergami was in the dining-room. I wish to know where the beds were placed, and not the mattresses merely?—The bed of the Princess remained where it was. Ai to Bergami'• bed, when he got up it was rolled up. It was not' on a bedstead, but it was put down on the planks of the cord- dor, and was rolled up in the morning. • Did any alteration take place in the arrangement of the beds during the voyage from Tunis "to Jaffa? Witness drew a plan of the arrangement made on that voyage, and stated, that the only alteration was, that the bed of Bergami was placed in the dining-room near the door. Was Bergami's bed made for him every night during the voyage from Jaffa ?—I cannot tell what took place in the apart ments of the Princess; I did not go into them except when the Princess landed, or any of her suite, at which periods I went in to render any assistance that was wanted; it was then I saw that Bergami's bed was there. Did no person sleep where Majocco used to sleepl—When Majocco had his bcd lower down, Camera slept in the apart ment. How many tents were provided on the journey to Jerusalem? Ido not know the number ; there were severaL - By the LORD CHANCELLOR.—Where did the female attendants sleep during the voyage from Jaffa?—A cabin was assigned to them. By Lord BELIIAVEN.—Did witness see a light put from under the tent after the parties in it had retired to rest 7—The light was sometimes put under the tent; sometimes through WI opening. Who took the light from under the tent or from the opening ? Different persons. Sometimes one, sometimes ar.other took it away. Do you know who gave the light?—Nn. Did it remain for some time in the tent after everything might he arranged ?—h did not remain beyond the time when every thing might be arranged in the tent. Did any person sleep in the dining room during the voyage from Jaffa?—Am I to speak of what I saw with my own eyes, or what I heard other persons say ? Mr. DrNMAN begged leave to object to the question being an mend in any other way than according to the rules established in Courts of Justice, namely, as to what the witness himself saw or heard. The LORD CHANCELLOR sustained Mr. Eknman'a ob jection. Lord BELHAVEN said, he only meant for the witness to state what he had seen. Did any person sleep in the dining-room during the voyage from Jaffa?-4 do not know. By the Earl DARNLEY—Does the witness knew whether the Princess took off her clothes at night?—When the Princess and Bergami slept on deck, I often saw the Princess open the tent a little, dressed in a white gown, or a dreuing-gown, or some gown, in order to get a mouthful of air before bun-rise. By Lord ELLENBOROUGH—Did you ever see Bergaml look out of the tent at the same time with the Princess ?—No ; the Princess only opened the tent so as to merely get a little air. Mr. Dursurr wished to ask the name of the vessel at Messina, in which witness-had a share?—/1 Vero Fidele. Does it belong to the port of Messina?—Yes. What are the names of you' partners, the other part owners? Only Jacomo Milanes!. By Lord LAUDERDALE—CouId any one hear in the roam below what passed in the tent when it was closed ?—Yrs. Here the examination of this witness closed, and he was di rected to withdraw. The LORD CHANCELLOR said, as the second witness's examiration had not been concluded, and as five o'clock had ar. rived, the House would adjourn. Previons to adjournment, he wished to state, that be bad consulted the sources of information and found that prosecutions against witnesses for perjury might be maintained. He stated this, that the public mind might be set at rest. But as they must not lose sight of their own privilege, he should be prepared to move a Resolution to-morrow on the subject. Ile did not take it for panted that there would be any occasion for prosecutions, but as the question had been agitated he had instituted the inquiry.—Adjourned st 5 o'Clock. THE EVENING STAR. LONDON. THURSDAY, AUGUST 24, 1820. THE QUEEN. A Mail from Hamburgh, which arrived last night, brought Papers to the 18th instant, from which we have given some extracts in our last page ; but we cannot avoid noticing particularly the extract from the Vienna Court Gazette of the 6th instant, an nouncing, formally, on the authority of the British Embassy, that certain statements which appeared in the Akenrcine Zeitung, of the 2d, respecting several witnesses on the trial of the Queen of ENGLAND, in reference to the British Embassy, are mere fictions and lies. According to this statement, it is not true that Lord SrEwA ay had any hand in collecting wit nesses, or furnishing them with money. Now this we are bound to credit on the high authority on which it is given ; but in this case we have no choice left but to discredit entirely the evidence given by Signor Non Ricardo, who, at the very time that this official statement of the British Embassy was on the way to this country, was swearing that he had been sent for by the Members of the Dritish Embassb and bad gone to Vienna and Mllta, and had been examined by tbem, aid had beea by son of them furnished with money, and sent to England to 'give evidence t!! Whether we ought to give most credit to Lord CAE* TLICRZAOH'S brother, or to Signor Non Ricordo, we leave to other) to decide. It is impossible that both of them can have spoken truth on this point ! Ma lacca asserts, that Lord STEWART paid him hand somely for the evidence which he was to give against the wife of his SOVEREIGN; but my Lord, in a :nes sage through the Vienna Court Gazette, gives the lie direct to this panegyric on his own munificence. The cross-examination of Majocco brought out a fact by no means consonant with the idea of Bergami being a particular favourite of the QUEEN. He swore,' that at the time he left her MAJERTY'S service, be did not know whether Bergami or Schiapingutd the chief command over the household. " Both commanded ! It is impossible for me to know which was the su perior !"—The LORD CHANCELLOR—" My question is this: Who was at that time the immediate supe rior of the servants of the house ; I mean, at the time you left that service ?"—Non mi ricordo I The evidence of the second witness—that he had seen the QUEEN on Bergantra lap upon a gun, amounts absolutely to nothing, when we consider the difference of manners here and on the Continent— nay, when we consider the difference of manners now, and much less than a century ago in England. There will hardly be found in the House of Peers a single individual whose grandmother or great-grand mother did not frequently ride to the Parish Church on a pillion with her arm round a common footman : —we mean of such of them as were then in circum stances above the necessity of walking thither on foot. —Another part of his evidence was, however, most important : he stated what Non Ricordo either did not know, or had suppressed, that there was a com munication from within the tent through the deck, to the cabins below ! On her MAjesTY's return yesterday from the House of Lords, the crowds were greater, and the affec tionate demonstrations of the people more rapturous, than on any former day. The whole of Parliament street, the whole space before the barriers at West minster-Hall, the whole of the space about Charing- Cross, and as far as St. James's-square, was crowded to excess, and people were still hurrying along the Strand, anxious to testify to her MAJESTY their du tiful homage and heartfelt sympathy. It was ex pected that her MAJESTY, as on former days, would retire from the House at four o'clock ; she remained, however, yesterday, till nearly five, tb the great dis appointment of the assemblld multitudes. On leaving the House she was saluted in the accustomed man ner by the military, and cheered with the most rap turous shouts by the spectators within the barriers. The exclamations " GOD bless your Majesty," • " May you triumph speedily over all your persecutors!' were so generally beard, that it was difficult to de-. termine what feeling was predominant—whether sympathy for the sufferings and admiration for the courage of her MAJESTY, or indignation at the inhu man treatment of which she had been made the ob ject. Her MAJESTY arrived at her house about five l o'clock. In the square the reception she met with was infinitely more cheering than on any former oc casion: the multitude was greater, and their enthu siasm more excited. It was with much difficulty, owing to the enormous mass of people collected in St. James's-square, that the QUEEN'S carriage could draw up to her house, and her MAJESTY experi enced great obstruction in getting in at the door.— The constables were rather violent in their endea vours to keep back the crowd at this moment, upon which her MAJESTY, with a smile, observed—that she was in no burry ; and begged them not to hurt the people. This was soon communicated to the crowd, and produced a burst of applause. Her MAJESTY had scarcely alighted from her carriage when the proces sion with the Bethnal-Green Parish Address was seen approaching up George -street, in a lung line of car riages, preceded by several persons on horseback, and surrounded by a shouting multitude. This in creased the confusion; and it was some minutes be fore the procession could approach the door. At length, however, a way was made for them, and they drew up. First came the two Parish Constables on horseback with white :favours on their breasts, and ,others attached to the end of their staves. Then came six or eight other horsemen, two and two, and wear ing white favours on the breast. Then followed ani open baroucbe and four, in which were the Church wardens of the Parish, with their staves of office; the Beadles with their staves, gold laced hats, sm. standing behind ; and after this came fifteen other open oarouches, with fopr horses each, filled with parishioners, who all wore large white favours. Her MAJESTY pie them linstant audiecce, when Mr. JENNERY, the senior Churchwarden, read the Ad dress. Her MAJESTY returned a most gracious an swer, and the deputation had afterwards the honour of kissing hands. They then left in the same order as they arrived, and as they drove away they were greeted with peals of acclamation.—An Addressfrm the town and neighbourhood of Sheffield, was after wards presented to her MAJESTY.—About a quarter past seven her MAJESTY left St. James's-square for Brandenburgh House, Hammersmith. Although the inhabitants of Westminster have been disappointed of the splendid ceremonials of a Coronation, which was to have taken place this ;swath, yet the lovers of bustle and parade must be abundantly gratified by the procession which take place daily to and from the House of Lords. Nearly all the distinguished personages who were to have enacted parts in the Coronation, are engaged in the less pleasing, but more solemn duties of investigating the conduct of the QUEEN CONSORT. It is uue that the first personage in the intended Coronation is not present on this occasion : but the nV.zt in rank in the Empire, who was to haie had no share in the Coro nation, is the important Personage most deeply inte rested in the proceedings that are now carrying on in the most august Assembly in the world. The assertion that the popularity of her MAJESTY was on the decline, and that her reception in public was not marked by the same testimonials of appm bation as it was previous to her trial, met with a boll contradiction both yesterday and to-day, when the crowd assembled to see her pass to and from the House, was much greater than on any preciding occasion. This morning, as early as nine o'clock, the streets of Westminster began to pour forth their inmates :o Whitehall and St.James's•square, as tributary streams Row into the ocean. At ten o'clock, the crowd in St. James's-square was considerable; and the windows of all the houses lead ing thence to Old Palacc-yard, .were crowded with spectators. In Pall-Mall, the number of elegantly dressed females, who were anxious to do homage to the most Illustrious cf the sex in this country, pre sented a most pleasing appearance, and must ha•re been highly gratifying to her MAJESTY. The crowd in the neighbourhood of Palace-yard exercised their assumed privilege, of passing judg ment on the political conduct of every Peer whom they recognized as having taken a prominent part on either side in the present proceedings. Their prin cipal amusement, however, was in the A'on mi ii corde of Majocco. The walls are chalked with this famous expression, and the way in which it is applied in the crowd, is extremely ludicrous, though scarcely less appropriately than in some of the answers of tie Italian witness. Her MAJESTY arrived at the House of Lords a five - minutes after ten o'cicck, in her state landau, which, the day being fine, was thrown open, and gave tl e spectators a full view of the object of their curios:: y. Her MAJESTY locked very well, and acknowledged the cheers of the people with apparently great piny of heart. HOUSE OF LORDS. At ten o'clock, the LORD Coopers:AA took•bis seat cn tke Woohack, and prayers baying been read, the toU of tuna was called over. The Marquis Wistesutt was excused, cn account of irdis. position. At a quarter past ten Counsel were celled in. Lord DARNLEY asked, whether the witnesses who had been examined were suffered to associate with those who bad, not ?--No answer was returned to the questim. THIRD WITNESS. Vincent° Car,Tuilo, the Third Witness, was they called ja and sworn. Air. Wu-maws, ore of the Queen's Counsel, 'aid be bad a point to address their Lordships upon, which had not yet ants before them for &cession. In the observations which be was about to make, he wished to be understood as by no mesas call. log in euestion the great body of authorities in that Howe, urn the subject of the competency of any witness to give evidence be fore their Lord sb ips without being under certain solemn sancticne, It was unnecessary to state, that the belief of a witness io the . existence of a future state, was indispensably nec e ssary to hi s being head as an evidence, and in his opinion it was equally necessary, in every case, that a witness should be bcur.d by that obligation which most deeply affected his conscience. l'e spoke this' upon the authority of the case of Omeston Parker, In wl. eh it was not only stated that a person no: having any idea of the existence of a Gob, could not be admitted as a witness, but all the Judge., including the Lord Chancellor, went on this precise ground, that the person to be sworn should be sworn according to the cerement which was most binding on his conscience. If, in the case of a Chinese er a Mahometan, instances of which had occurred, it were proposed that the oaths administered in this country should be takcs by the witness, who could imagine that that oath would be felt as a binding obligation upon him ? Would it not be necessary to have recourse to the ceremony by which he was bound in Lis own country? Would not our ceremonies give a latitude to and relieve his conscience from the virtue and obligation of an °nth? The LORD CHANCELLOR said, that a perion who slid not believe in the existence of a Goo and a future state of re, wards and punishments, war not admissible as an evidence. if he did believe, and was not a Christian, he must be sworn at , cording to the forma of the particular religion be professes. Mr. Wn.uons said, be had a right to inquire of this • witness whether there were not In his own country certain ceremonies material towards the obligation of an oath? He did not at all impugn the validity of the oath of this witness, but he merely wished to know, whether the oath had been administered in conformity with his opinion, and according to what he conceived the most solemn obligation on his conscience? Mr. Butionue mentioned the case of Cooper, In 1789, and dwelt upon a remarkable expression of Lord Mansfield in the proceedings upon that cue, on referring to the other case of Omeston a. Parker. His Lordship said, that as the purpose was to bind the witness's conscience, he should be sworn by that form which had the most powerful effect upon his conscience. The propriety of adhering to this rule of evidence, must appear more strong when the case of an Englishman in China was sup posed. If a person from this country were to go to China, and to pass through the forms by which a Chinese was bound, in the year 1808, in a trial at the Old Bailee, would be con ceive he was bound by the solemn obligation of an oath.— The Chinese had a china saucer held up before him, and after a few words were spoken, he said he was duly sworn. Now, if a saucer was held up before an English seaman in China, no ob jection might be made by him to undergo that form, but was be likely to consider himself bound by it to give true evidence? Would not the Court in which he should be called upon to give evidence, rather administer to him that form of oath by vi hi& his conscience should be most bound? Would it be maintained that the Court there would not have said, You shall be bound in the way that most affects your conscience? The LORD cHANcgLLog consulted the Judges, and then asked what question her Mnlesty's Counsel wished to ask ? Mr. WILIJAZ.:: said, he wished to ask, v.h.thtr tver the wit-