Star. — London, England, 1820-10-14 00:00:00

*, • • . • •I. THE EVENING STAR. LONDON. TWO 520,000—TW0 igt,oeo—AND VARIOUS OTHER CAPITALS—ALL STERLING MONEY—ALL IN SIX HOURS—ALL ON WEDNESDAY NEXT. SATURDAY, OCTOBER 14, 1820. THE FUNDS. PRICE OW STOCKS THIS DAY AT ONZ O . CLOCIC I per Cent. Reduced 66111-3 per Cent. Cons. 67111 4 per Cent. 84; 1-5 per Cent. Navy 1051 11 Lang Annuities 171746—India Bonds 255. 365. pre. Each. Ms 4s. 6s. pre.—Cona. Tor Acct. 6711 1. THE QUEEN. We yesterday prepared our Reader; for a very ex traordinary disclosure, respecting the conduct of those who are determined, at all hazards, to conti nue the persecution of her MAJESTY to the last ex tremity. It would be trifling with the feelings of the Public to make one word of comment on the flagitious tampering with Justice which bas bees brought to light by sending out of the way one of. the most suspected of all the corrupt and abominable - gang of miscreants vilso have been employed by the Milan Commission to associate the most detestable obscenities with the name of Royalty, in the minds of the British People. But there is a point to which we must call the serious attention of every man who has either character or property to lose. Lord LIVERPOOL, who is at the , head of his MAJESTY'S Ministers, assured the House of Peers, in an early stage of the profligate cause in which that House is risking its reputation for ever, That the witnesses should be at all times forthcoming. Mr. POWELL, one of the Milan Commissioners, and an assistant for the prosecution, swore yesterday, at the bar of the House of Lords, that no orders respect ing the witnesses had, to his knowledge, been given, to the effect of Lord LtvzarooL's declaration.— If, therefore, Lord LIVERPOOL did not give any such orders, he has most grossly and wickedly deceived t)'e house of Lords, and forfeited the most solemn pledge of an honourable man with the Public. But if he has given such orders, then, we think, the in ference must be, that such orders could not but be known to Mr. POWELL, and if so, what then? We shall let others answer the question. Never, in the whole coarse of modern history, has there appeared any Government—no, not even the worst of the French duri i t s ig the Revolution—in such a situation as the preset Ministry of Great Britain. What the result will be IleAveu only knows. But, since the great weigtri - of public opinion, which once kept all the macfinery of this great and free Nation in regular motion, has been by some rash, some wicked, or Irish hand, cast off, the whirl and confu sion has been such as hourly to threaten the whole frame of the Government with a ruinous explosion.— Vhen the opinion of the moral and middle classes of this country was respected, the nation flourished in ail its branches, and bore a rich vintage of honours; but since the vbiee of the People—the voice of Goa! has been irreligiously, impiously contemned, mocked, and despised, there has been an awful blasting of everything that once made us proud and great... — Public opinion is, however * a spirit that cannot be allayed. It is omnipotent to do good and to do evil. It is the right arm by which JEHOVAH himself up holds thrones, or smites tyrants and tyranny into dust. Yesterday it came out that the witness Rastelli, who swore to one of the carriage scenes, and that he was employed by the Milan Commission not as an Agent. but as a Courier only, had acted the part of an Agent—one of the vilest description—and had been active in suborning witnesses against the QUEEN. Nor is this all : this fellow, contrary to the pledge given in an early stage of the prosecution, hai been suffered to withdraw himself from the reach of our laws—not merely suffered to do so, but sent out of l the country by Mr. PowELL, the Agent for the pro secution!! For the mischiefs of this unjustifiable procedure it is impossible to find a remedy. It is easy to deplore the event—very easy to propose making " a liberal and large allowance"—to grant that "it is impossible to repair the injury altogether;" but what will this avail ? A mirror when broken cannot be made whole ; it will ever after distort the features.— Talk indeed of bringing back the wretch! We do not believe—though others may—that it was in. tended he should ever appear again on the stage on which he gave his evidence. He cannot come speedily," he is ill Qf a fever! —he ! —he has been blooded"— aye, and our belief is, that he will be blooded again, if the first bleeding be not sufficient to prevent his return. But let us suppose he will again make his appearance. Can this undo any of the mischiefs his mission was calculated to produce? He was sent Over. forsooth, to assure the relatives of the wit nesses of their health and safety. We believe he was sent out to *bora fresh witnesses. of The &clonaPowect, deserve to be parti l:oos eularly noticed. 'They betray the plot. He says, " I ka ,,, e rece i v ed depositions of the relations of witnesses, which they depose to having heard, Of serious injuries sustained by their relatiOns here. ..Now, ore would salt any person of common gone, if ever they heard of relations at a distance, going bens! Magistrates, and swecing that they were alacpse4 for the safety of their friends abroad ? Now *mild the making M any such oath satisfy their anxieties ? Woild not the rational way be to get letters sent to ascertain the fact ? Does not therefore the being provided with depositions, in this case, jus tify the suspicion, that the depositions procured by Mr. Poweath were provided to meet the possibility -of the disclosure of yesterday P Nothing farther has yet transpired respecting the Hand Bill Plot. ELEVENTH DAY OF THE DEFENCE. HOUSE OF LORDS The LORD CHANCELLOR took his seat on the Wool sack at the usual hour. As soon as prayers had been read and the list called over, the Earl of CARNARVON rose, and alluded to site motion which he had yesterday made and afterwards agreed to sus pand. He mid, he would now, with permission of the Home, vrkhdraw that modem, and substitute another, to which he trusted there would be little objection. But previous to making this modes, be wished to put a question to the Noble Lord at the head et the Treasury, reepeedng the pledge he had given at the commencement of these proceedings, " that everything should be done to further the ends of justice, in respect to the witnesses." Ile sow wished to know ithether the Noble Lord had given any instructions on the subject, and to whom ? The Earl of LIVERPOOL said he had not given particular instructions' to any individual oa the subject, it he was not aware that it was necessary ; since It was expressly understood that the witnesses were to be subject to the call of their Lordships. The'Earl of CARNARVON.—" I wish to know, from the Noble Lord, if he gave any epoeille instructions to any Indivi dual en the subject, or if it was understood at the Foreign Mice that the witnesses should not be allowed to leave the country during these proceedings r The Earl of LIVERPOOL said, he had not even any ape• WIG instructions. He had no Meshy in explaining what oc. tarred at the Foreign Mee, as the passport had been obtained in 'the usual way. The Earl of CARNARVON moved, that Mr. Planta, of the Foreign Odice, be sailed to the Bar of this Home immedi ately,Ordered. the Noble Earl then moved, that Mr. Powell be called to the Bar. Bari GREY moved that Counsel on both skies be called in. The Learned Comm!, who had previsady entered the House, withdrew, in order to enter formally, pursuant to the call of their Lordships. Mr. Powell appeared at the Bar. The Rant of CARNARVON.—Mr. Powell, you stated yes terday that Rastelli left town on• the Thursday or Friday after the adjournment of this House; that was the 14th or 15th of September?—Yes, it was. I town on the Friday, and I believe Rastelli left the day before. Do you know whether Rastelll was not ordered to take dis patches to Sir Charles Stuart, at Paris?—l do not. When you sent Rasta,li abroad, in what time did you calm late his reaching Milan ?—ln seven or eight days. What time did you understand he was to remain at Milan?— I sent some papers by RasteUi which I wished to have further legalized, and as I conceived them Important to this cause, I ordered him to return before the 3d October with these papers. Was Rastelli instructed by you to go anywhere except to Milan ?.—Nowbere except to Milan I be was to go there direct. Does Mr. Powell know whether, about the time Rastelli was seat back, any other person who had been sent over here as a witness, was sent back to Milan ?—I know that previous to that time a person who bad been over here had been sent back. But not any person that bad been examined. Was only one person sent back 1-1 recollect only one, Was be one of the witnesses who landed at Dover ?-11e was not. Previous to Ronal being sent away, was any other person, except the one you have mentioned, sent back, or allowed to go back, to Milan or any other part of Italy ?—Not to my know kdge. Subsequently to the return to Italy of that one person, has no other person that had been brought here as $ witness been sent back 7—Not to any knowledge. Am I to understand, that previous to RasteM being sent back no other person had been sent away, sr permitted to re turn to Italy, except the one you ►ave mentiassed?—Not to my personal knowledge. To the best of year knowledge or belief? The Earl of LAUDERDALE moved, that the witness be ordered to withdraw. He said, the line of evintination now pursued ought not to be permitted, This without, Mr. Powell, being an agent in the came, is, by the law of England, frotecied from giving evidence against his client. The Earl of LIVERPOOL rose to correct mistindezetand ing under which some of their Lordships appeared to labour.— Ile conceived that any witness not examined might be sent back, and he rather wished that they should be sent away. He but understood that several had been sent home, but now be learnt that only one had been so sent. Earl GREY wished to call the attention of their Lordships to the situation in which they now stood. One of the agents of this Bill, contrary to his general instruction% and, he cos ? calved, contrary to his duty, had sent away a material witness, for the purpose, as he said, of satisfying the friensls of the wit l oases in Italy. What their Lordships bad now to con der was, whether that explanation of an act which ►ad been universally condemned, except, perhaps, by his Noble Friend (Lord Lauder dale). and he did not know whether he had condemned it or not —whether this explanation was satlefactory or, not, ills Noble friend near him (the Earl of Carnarvoo) wished to know from the witness, whether some of thou persons who had been sent back would not have been able' to execute the mission of Ras ta' to Italy as well as himself? This was a question not only proper to be put, bat one that could not be dispensed with, if the strict line of justice, and the dignity el their Lordships, were to be preserved. Lord LAUDERDALE observed, lo =ewer to the Inane atlas which had fad from the Noble Earl, respecting his opi nion of sending off Raman, that be had more than once ex pressed his abhorrence of that act as strongly as must of their Lordships. For the purpose stated by the Noble Earl, he as that the question ought to be pat, but in these words • Whether the witness knows that 'any one of the persons who witnessed the affair at Dover, had been sent back r— (l4 No, no," frog Nova of tkir LosoMipt.) - From a Pun, whose seine we did not learn—Any alter person could have carried the news as well. The LORD CHANCELLOR said, the House could not be-ton cautious in putting questions to agents, especially consi dering, that if locetions were put to the agree 4*, one side, they ntight aka be put to the agent on the other. The agent was in the conadence of his client, and he ought not to be asked ques tions which might lead ie a breach of it. While he threw est this gait* caution to their Lordships be did not; at the same time, consider the purpose of the "Wu* put by the Noble Ea* as irrelevant. He thought, however, it ought to be put in dim' *Fate *ye you, or have yea not, 'oat other peens abroad equally qualified to tarry the Intelligente fee whit& you! say you sent one Rastelli?" The Redd ROSSLYN could notairoe tb the glued" being put in that shape. It was protioeed to ask the witness whether be had sent any other persons abroad, " equally qualified." ice. If he answered he had not, what would that import? Nothing mote than that he had not sent any persons abroad *he, in his judgment, were equally qualified with Rastelli. how this was allowing the witness to judge of the very het on width the House were called upon to decide—(Cries of hoar).... He had admitted the fact of baying sent off Rastelli, and at tempted to justify the act on certain specific grounds. The House were now examining the validity of these grounds of justification, and it would be absurd to transfer to the witsem the right of posting his own judgment upon them. The LORD CHANCELLOR observel, that In many par ticular cases particular mischiefs might arise, which, for the sake of general principles, must be submitted to. The House bad no right to put questions to an agent which were not allowed to be put by the law of Ingbad. Lord HOLLAND begged to ask the Noble and Leaned Lord" on the Woolsack whom he regarded as the Principal in this prosecution ? It had been said that the House 'were the prosecutors, and if so, were they not entitled, as the Principals, to examine their own agent ?—(4laujii). The LORD CHANCELLOR.—" Whatever the popular effect of the question put by the Noble Lord may be, I cannot allow myself to answer a question which the Noble Lord ought not to have put."--(Efoar, hear). Lard DA/MUM enforced the propriety of dr question proposed by his Noble Friend. It had been understood on ail sides, that such persons as bad been brought over to be wit nesses for the prooecution, but bad not been examined, should be sent back ; and, if the case were so, surely any of these per sons could have answered every purpose for which Rastelli was sent over. The Noble Lord was proceeding with some other observations, which, from a noise in the House, we could not collect, but they were of a nature to call from Lord REDESDA LE cries "Order, order," accompanied with some indications of mirth. Lord DARNLEY observed, warmly, that if, in the exercise' of his duty, be had said anything which to the Noble and Learned Lord seemed ridiculous, it ought to be met in another way than with that species of coarse mirth in which his Iprd ship had Indulged. Lord REDESDATS could not permit that to pass. It was hard that any coarse mirth on his part should be objected to, when yesterday cil their Lordships bad indulged in the same son • coarse mirth at his expense--(Much laughter), Lord DARNLEY admitted that the Noble and Learned Lord bad stated a ground of justification to which be could not well object. His Lordship, while on his legs, begged to add a few words relative to tije expenses of this prosecution, for an account of which he had moved a fortnight ago. Lord CATHCART rose to order. The Noble Earl was travelling into a matter which had no relation to the question before the House. The Earl of LIVERPOOL—" I beg, on that point, though certainly out of order, to mention, that a fortnight ago I gave orders for the preparation of these accounts. lam not aware whether they are yet ready. But at all events, whatever may be the value of the document hereafter, it has manifestly nothing to do with the matter the House were now considering." The Marquis of LANSDOWN.—It was beyond all question the right of the unknown prosecutor in this case to send away any witnesses who had not been examined, and it was peculiarly for these reasons, because there could be no objection to his doing so, because the act was open to no improper imputation,because it was not material to the interests of the unknown client that i both the agent and Counsel who were conducting the prosecu tion, by order of the House, ought to be asked whether any of the unexamined witnesses had been sent away. Lord CARNARVON supported the relevancy of the qucs. don he had put. The object of it was to know the value of the explanation given by the witness of his conduct in seeding a l Haste contrary to the general understanding of all parties, and contrary to the express orders of the House. If he could shew that not one only, but from fifty to sixty witnesses bad been sent back who could have carried the information, for the conveyance el which, 11.astelli was so improperly selected —preens, too, who by their own permstal appearance, probs.. bly well clothed, and wW► pockets well lined, could have com pletely removed all apprehension as to the treatment of wit- news here—if he could establish that, of what valise would' the explanation of Kr. Powell be ? Before sitting down, he wished to know if there was any Noble Lord who seriou.ly objected to the question ? Lords Ancer.min and Es.unsioaeums were decidedly of opi akin that the question should be put. 1 Mr. Powell was re-called to the bar, and the last question put ;cs him, repeated by Lord Cazotavou, namely-...-To the hilt of your lmowiedge and belief have any curb persons been scut away ?--I have heard that two others have gone. At the tape yeti resolved to send Rastelli to Italy, did you inquire aq to the probability that any of the witnesses would soon be permitted to depart had made no inquiry on the subject. You have stated that you have received letters mentioning that AssteUi was ill. From whom did you receive than / From Colonel Brown. Have you got these letters ?.—Not upon me. Have you had any communication from Rastelli?—l have eat; nor have I nude may to him. Tcr Lord LA NSDOWN.—I have already said that I did not instruct Pastern to go to any other place or places than Milan. To Lord MaRLEY.--I mentioned at the Foreign Mee that Mutat woo to go to Milan, as a courier. It was previously !mown to Lord Clanvrilliam and Mr. Planta, the Under Sure- To loprd PARNLEY T —I certainly do not consider the wit nessed is Conon-vides as ender my direction and tontrottl. To a Pam, whose name we did not learn—lt was solely for quieting the minds of the families and relatives of the witnesses io Cottan"PrOn• By Lord lIRSK/I4E—lf that was your sole object, how came you to send him with papers, the legalizing of which must have caused toms delay 7--I did not send the papers that be might legalize them ; but I sent the papers to Milan that they might be legalized there. I expected they would be legalized in sunicient time to be brought back here by Rasta; before the 3d of October, I left this to the dlicretion of Colo nel *own. What were the names of the persons to whose families it had been thopght necessary to send ?—Franrini, Majocchi :—lf I could see a list of the names, I could point out more ; but my recollection does nat serve me now. Eastern was also to bring 'rum to persons in the neighbourhood of Milan. Did you give Instructions to ItasteM to quit Milan, and to go to the neighbowing countries where the families of the witnesses resided, and give them the assurances required?—l do not rs collect having given any precise instructions to him to de se. • The Marquis of LANSDOWN.—Then it was by means of those letters which were brought by Kasten', that the families were to derive r knowledge of the witnessesl-4/y these and f a 'trifocal appearance of Rohn ; old (thought that Rauel .teou2 probably be seat from Milan to. the countries in tta udghboarbood. Had you say reason to etpeet that Statelli would, without any lostructlosis front yea, go from Milan to the various COUlatth.4 where the families were, and give asenraoces to them by Ms personal appearance *ere ?-4 recollect that he was is pet fett ers to the families, and is streamlines's that the witnesses were safe, and I omeleded . that Weed 'lawn would mid him to the places to whisk the families were to give these assurances. Would it be possible that litaseelli could mover to those plods the letters, aati, by his persoml appeasanee stake those assurances, without lacurring a greeter aday than was pe•- mittatf—As I have already meted, he left ea the eveng d the led, or tie ansening of the 35th. I calculated thl: 14, could get to Milan ln el: se seven days. This wouid leave eleven days before the se of October. The distance ho erodd have to go tires to the families, was to Matzo; which is tea odes, and to Como, which is ts Lord AUCKLA ND.—Van you stabs whether the friends of the wkneees were in a rate of anxiety ?—I do not know. Do you know the number of letters that were sent over 7.—E cannot tell. Loki BLLENBOROUG IL—Did you send any letter to Colonel Brown upon the subject of BastedlN mission?—Yes. Hare you got it?—(After some hesitation) " Yes." Can you produce k ?—I can. It contains a greet sled emitter upon other subjects; but whether it is my duty, considering the situation in which I stand, to produce it -- Can you produce that part of It which treats of the mission of Rastelli?—After a short hesitation—" It is altogether a mu friential com munication, and I do not consider myself at liberty to produce it." The witness was ordered to withdraw. Lord DARLINGTON.—It has been said that the witness was called by the order of the House. Now, whether he b..s been ordered to attend by your Lordships as Judges or as Jeri- - men, or as the House of Lords, I think that, if he is brought to your Bar, permission should be given to Counsel on both sides to put what questions they please to him upon this subject, and that he should be obliged to produce the written communication. Earl GREY said, an obstruction had taken place in t►e course of the evidence, it certainly became their Lordships to make the person who was the occasion of that obstruction, ac count for it. The LORD CHANCELLOR said, be believed it to be the practice in the Courts below never to break In upon the coaa. dente of a person employed in a case, by asking for the ()ratite don of papers containing confidential cotnntuniations. It would be wholly impossible for the House to justify the course suggested. If a Counsel called an agent to the bar in any stage of the proceedings, it was the duty of the Court to give Mei credit for Ms exertions in the cause of his client and to consider that he was acting for the benefit of that client. A necessity might arise for withholding documents relative to the case. Lord A UCK LAND r.sked, whether an Attorney obstructing justice, could not be compelled to account for his amduct, and to produce letters which might be considered explanatory of it? Ext GREY suggested that the witness should be called back. Mr. Powell again waved at the Der. 'ord OREY.—" I understood you to state that you have in your possession a letter from Colonel Brown, about Rattail's mission to Milan. Can you produce it?—Not the whole of the ' letter, but that pan of it which relates to the mission? —I consider all communications made to me by Colonel Brown as confidential I therefore object to the production of tjho whole or any part of the correspondence to or from 011sost Brown, Lora GItEY...—I must call upon the House to decide upsa the questito. whether the witness is to be compelled to produce the letter ? ?dr. Powaza.—l object, in the situation in which I stand, se agent in this case, to the production of any letter to or frogs Colonel Brown. I understood you yesterday to have said, that you didnot ex pect Rastefil would be wanted as a witness again in the course of those proceedings, until the case should go down to the Com mons why then did you order him to be haat on the 3d of Octo ber?.--I expected him to return with the papenwhich I wanted., It was for that purpose, and not front any idea of the necessity of his appearing in this House as a witness. The necessity of his being in readings, if called for, did not suggest itself to me. The Counsel for the Queen having stated that Rasta' was wanted no further, it did not suggest itself to me that he would be called again. Were yon not aware that the House had come to the under standing that all the witnesses who had been examined should be kept in readlness?—and were you not aware that the First Lord of the Treasury bad said, that all the witnesses should be forthcoming to answer any questions their Lordships might think It necessary to put 7—Certainly. Then were you not aware that Rastelli might be called again by their Lordships?-1 only say that it did not suggest itself to me that it would be necessary for him to be in waiting. If I had thought so, he certainly should not have gone. Now if any other witnesses had been sent back when Rasa telli was sent, could they not have communicated to the fami lies the necessary intelligence considered Rastelli the best person to be sent over, for he accompanied the witnesses to this country. Could not ether persons have satisfied the fansiles as wen as Rastelli?—Yes. But you thought him the most able to communicate with their families?—Yes, I thought him the best person to satisfy the families as to the safety of their friends. The reason of sending hhn was, to make such nuarnanlo. tkint—My reason for sending him was, that he might take letters front each witness, and state their *station to their Mends in Italy. Can you, from your knowledge as agent in this rause, swear that any of the families of the witnesses that have been e xamined here are residing at Milan 7—l cannot say where they live. Do you not know that the whole of the witnesses, with the exception of Majocchi, have stated that they did not reside at Milan ?—I did not know. And yet you wished Rastelli to economics lies?—Yea, in Milan and its neighbourhood. Witness, in answer to some further quintiens from the same Noble Lord, said a person might go to Milan in seven days, and return In the same. I have heard of some going in six dap'. It is not extraordinary to perform the distance in seven days. courier might go to Milan and return in 14 days. I cannot say that I expected Rastelli to do it, but I thought he would travel it in six days and six nights, and return in tise same pe riod. He might do it. Suppose Randle, left London on the 14th, he would reach Milan on the 20th, and that would leave time for him to execute his commission. Did Colonel Brown, in his letters to you, mention the date of Rendre errlvid at Milan ?-1 do net recollect that he did. On referring to that letter, would you feel any hesitation et difficulty In giving that Information to the House could not object to it, except as I object to answering any quest/011h bell'O• as I an, confidentially employed. with their fami-