Star. — London, England, 1820-08-29 00:00:00

have it in their power to prevent the case being ever ' brought to a conclusion: the proceedings would, in fact, be interminable. The ends of substantial jus tice would be disappointed, and to none would the injury be more grievous than to her Majesty.— It had been described as a hardship, that the evi dence for the prosecution should go forth to the world, and rankle in the public mind for months before her Majesty could have an opportunity of re futing it by counter-evidence ; but, by making the examination proceed immediately after the examina tion in chief, that hardship would be much diminished. The mode which her Majesty's Counsel contended for as being favourable to her interests, was quite the reverse ; it would be letting the whole evidence for the prosecution go forth to the world, and re main without the least contradiction for months. His Lordship entreated their Lordships to be cau tious how they established a rule in this case, which, followed as a precedent in other cases, would, in his opinion, be totally inconsistent with substantial jus tice and with the discovery of truth. Earl BATHURST said a few words in explana tion of the motion. He could see nothing fairer than that her Majesty's Counsel should be allowed to pro ceed to such extent as they thought proper with their cross-examination, with liberty to call the wit nesses back a second time, should there be occasion for it. His Lordship did not see how the House could do otherwise. Lord ELLENBOROUGH begged to ask one ques tion—What degree of cross-examination was to be held as sufficient to enable their Lordships to proceed midi their examination? Lord LIVERPOOL said, that when the cross examination went simply to the credit of the witness, it was impossible to preclude the Counsel for the Bill from putting additional questions, and still less to preclude their Lordships from proceeding to their examination. The LORD CHANCELLOR regretted, that he could not, by any means, give his assent to the coarse of proceeding which their Lordships seemed about to adopt. If, on maturer reflection, he had seen any cause to alter the opinion which he pro nounced yesterday, he would have considered it a sacred duty to confess the change that had taken place in his mind, but no degree of reflection could ever enable him to see the possibility of the ends of substantial justice being obtained, should the House agree to the proposition now before them. His Lordship had never meant that Counsel should be in the least controuled in their cross. examination of witnesses—he never could mean anything so abhorrent to every idea of justice. They should be allowed to go as far as they pleased with their cross examination ; but that should be immediately after t:ie examination in chief. They should also undoubt edly have the power of calling back witnesses a se- , cond time ; but that was a power which ought to be under a wholesome and sound controul.— It was a power which should not be confined merely to cases where new facts and circumstances coming to the knowledge of her Majesty's Counsel, made a second examination of a witness necessary. Such a limitation would be infinitely too strict. A Counsel might omit to ask questions by mistake, and that would be a good reason for desiring that a wit ness should be called up a second time, to have the omitted questions put. Again, after a witness had been examined in chief, there might not immedi ately appear to the Counsel for the defendant cause to enter upon any cross-examination ; but circum stances might come out in the subsequent examination of other witnesses, which would render that cross examination of the byegone witness necessary, which was not at all necessary before. These cases shewed how indispensable it was that the Hmise should have a controul over the pbwer of calling back witnesses a second time. It was a controul which every Court possessed; and were their Lordships not to be en trusted with the same sound legal discretion which was confided to every other tribunal? If ever there was a case where it was so evidently due to justice, a:,LI to the party accused, that some satisfactory ter mination to the business should be, obviously it was the present ; but, after tormenting his mind to the utmost with the subject, he could not see his way to the end of the difficulties which must infallibly arise, should the course of proceeding proposed be agreed to. If their Lordships proceeded with their examination cf witnesses before the Counsel for the parties had concluded theirs, the examination by their Lord -I,ips would in every instance raise a new case on which Counsel might again go through the whole process of examination and cross-examination; and . yen after that the business would not be over, for Lordships would of course be entitled to ex amine tke witnesses a second time. His Lordship was sorry that he was compelled to differ with r... 1 those whom he most respected, but he could I.:t possibly give the sanction of his judicial character to the mode of proceeding which they now proposed to ..,',opt, convinced, as he was most con scientiously, that it would not be consistent with the Inv:rests of justice--(I/ear, hear).—lf their Lordships could not entrust themselves with the same sound dis cretion which other Courts possessed, it would be better that they shut up their House at once--(Hear). Should their Lordships adopt the proposed rule, be would feel it his duty to give them every aid in his rower in carrying it into effect ; but he felt it equally r euty now to state, that he did not see his way phrough the diffieulties with which that course of proceeding could not fail to embarrass them—( Hear). Whether any misapprehension upon the part of the Queen's Counsel had or had not arisen, it would be advisable in their Lordships to let them proceed in the course which they had contended for. It would be m atter of greater satisfaction to the Public, to the House, and to her Majesty's Advisers, as the House had evidently encouraged the expectation of the Queen's Counsel, to allow them to proceed, and prove that theft' Lordships were determined not to defeat that expectation so strongly excited. He was not ashamed to acknowledge that he had been convinced by Counsels' arguments, of the necessity of concurring in this arrangement ; and, that upon balancing the inconveniencies resulting from all the modes devised for avoiding difficulties, that appeared to him as un exceptionable as any. He was aware that from the distance of place, and the length of time to which their Lordships must look, in considering this ques tion, there appeared to be a prospect of a very con siderable delay ; but the refusal of facilities such as the Queen's Counsel sought, would far from tend to prevent the disadvantages arising from every view to be taken. He was far from wishing to tie down the House of Lords to the strict observance of the rules of the Courts below, but he believed that as close an ad herence to those rules, would be attended with the advantage of preventing the introduction of dange rous precedents. In this case, he apprehended their Lordships might, without any probable chance of injury to the character of their proceedings, deviate from the established rules of evidence—(Hear, hear). The objection was great or small in proportion to the probability of any case of a similar kind arising in future. Now the annals of history could not furnish the House with anything like a precise precedent, and the improbability of any similar case was fairly to be inferred from the fact that her Majesty's case was a solitary one. Upon those con- ' siderations he was of opinion at this moment (and he again declared, that he was not ashamed to ac- , knowledge the change that had taken place in his opinions), that the House should proceed to the sa tisfactory conclusion, that the Queen's Counsel should be allowed to exercise their discretion as to the cross examination of witnesses. The House left debating. The Paris Papers of Friday, which have arrived, are principally filled with extracts from the London Papers, respecting the Trial of the QUEEN. A letter from Naples, of the 4th, says, that the Deputation from Sicily acknowledged, as a preliminary, the au thority of the KING on the Island ; but nothing is said respecting the Constitution. The Conatitutionnel contains the official Report of the Spanish Officer commanding on the Portuguese frontier, relative to the defeat and suppression of the counter-revolutionary movement which had been so much exaggerated by the enemies of Spanish free dom.—The King of WURTEMBILRO arrived on the 17th at Stutgard, very unexpectedly, from Italy, and had an immediate conference with his Ministers.— French Five per Cents. 78 fr. . c. They arrested on Wednesday several subalterns, implicated in the conspiracy, among whom was a young serjeant in the Legion of the North, who wept bitterly while accusing his Lieutenant of having dragged him into this unfortunate plot. A Major of the Royal Guard has also been ar rested; and eighteen officers, subalterns, and soldiers, recently taken into custody, were on Wednesday con veyed to the prison of La Force. Some are detained as prisoners, others as witnesses ; and four out of the number were released the same night. The number of accused and witnesses, interrogated on Wednesday morning, was considerable. Almost all of them wore military decorations, either of the Royal Guard, or of the Legion of La Meurthe. The Flanders Mail brings nothing new. Witnesses from Italy, who ate to be examined on the Trial of the QUEEN, continue to pass through Brussels, on their way to England. The latest accounts from England at Ceylon are of the 17th November last, by the ship Margaret, free trader, Captain ALLAN, arrived at Trincomalee. The pearl fishery was expected to commence this year, at Ceylon, in the month of April. We have great satisfaction in announcing, that throughout Yorkshire and Lancashire the circum stances of the working people are somewhat improved. The wages are still very low ; but many have em ployment who could not obtain work a few months ago. The She fi'eld Independent, of Saturday, states, that a very favourable change has taken place in the payments to casual paupers in that township : in the week ending Bth of April, the number on the books was 1480, and the payments were £372 14s. 6d.; last week the number was reduced to 1,022, and the payments to £316 Is. 4d. The regular paupers in the rust-mentioned week were 322 ; last week they were 272. A survey has been had of Jedburgh Abbey, which was fast falling into ruin ; and it has been resolved to petition the Barons of the Exchequer for a sum equal to its repair. The surveyor, Mr. ELLIOT, ar chitect, considers the Abbey to be the most perfect and beautiful example of the Saxon and early Gothic architecture in Scotland. _ The Peers, on their return horn the House of Lords yesterday, were, as usual, cheered or hooted, accord ing to the estimation in which their principles are held by the people. The customary honour due to Royalty was paid to her MAJESTY by the Horse and Foot Guards, on duty in Palace-yard, on her arrival at and departure from the House. ' THE VUNDS. STOCK EXCgANGE, AUGTIST2t. This is settling day for the Account, and from the great fluctuations that have taken place, the dif ferences to pay are very heavy ; the consequence has been, an unusually large assembly early this morning, and according to the way each person's account has gone, his countenance is regulated. Long faces are no novelty in the Alley, but this morning seems to have imported a greater number than usual ; but, as yet (twelve o'clock) no defaulter has been declared. Consols opened at 67%14 for Money, and for next time, 68 1 / 8 . An immense quantity of Stock has been carried , over to the next Account ; and as the continuation is not above five per cent. a great quantity more is expected. The state of the Market is at present very gloomy, and the speculators in favour of eh advance have been straining every nerve to raise the Funds; India Bonds, Exchequer Bills, and every kind of security, have been pledged to raise money ; but, from the present uncertain state of domestic af fairs, it has been rendered ineffectual ; there is a want of confidence among monied men in the country, which bears down all artificial endeavours to raise the price. At one o'clock the prices were— Bank Stock 2906 221 2206-3 per Cent. Reduced 681 et 3 per Cent. Cons. 674 i i--3i per Cent. 76i 4 per Cent. 861 87-5 per Cent. Navy 103 1021 103* Long Anns. la 1-16—India Stock 2151 India Bonds 511 s. 225. pre.—Exchequer Bills Ss. ss. pre. Consols for October 68i * TO THE EDITOR OF THE STAR. SlR—Reading in your Paper, the report of a recent discussion in the House of Lords, respecting the vari ous modes of administerin Oaths to Foreigners, in our Courts of Justice, in which her MAJESTY'S At torney-General is represented as referring to the case of a Chinese, who was sworn, by merely " holding up a saucer and uttering certain words." I take this method (should you think proper to insert my letter) of acquainting your Readers, that the said saucer was, after being held up before him, committed to his hands, when, dashing it to the ground, he uttered the awful imprecation that his body like this vessel might be shivered to pieces, should what he uttered prove false! This explanation will serve to place the poor Pagan in a less ridiculous light than he might otherwise appear in. The occasion of this oath, was the prosecution of a woman of the town, who was proved to have robbed him, at Shadwell. Your's, MASON CHAMBERLIN. Divine Service was performed before her MAJESTY and the whole of her household, at Brandenburgh House, on Sunday, by the Rev. Mr. FELLowas. The Italian witnesses in Cotton-garden were last Sunday engaged in dancing and singing, with the additional exhilaration of music. The movements of some of them were so grotesque that it was fan cied they had got their old companion Majontet once more among them. A ludicrous scene occurred at Abingdon on Thurs day evening, which certainly shews the spirit of its inhabitants, respecting the QUEEN. It appears that as early in the evening as seven o'clock, the principal houses in the streets were closed, both shops and pri vate houses, and every one looking occasionally for something to pass by. The streets were in one con tinual motion, and the people talking on their fa vourite topic—the Qualm. It appeals that the Poli tical Barber of the town had used very harsh words, in the heat of debate in public company, and, as they said, thrown foul aspersions on the character of her MAJESTY. The mobility hearing of this, became very indignant, and made a collection of pence to burn the effigy of the barber in the most public man ner. The procession now arrived, attended by hun dreds of people, shouting " GOD save Me Queen !" " Lon► live the Queen !" " Queen Caroline for ever !" &c. 'I he effigy, a fair likeness, was drawn in a wag gon by two horses. It was seated on a tar-barrel, supported on each side by two men in surplices and masks, one of them having a book in his hand, and behind him stood a sweep, representing one of the imps of Satan, with tar-barrels, faggots, &c. in the rear. The whole was surrounded by men with poles, swords, and staves, to keep -off the population, and give it the effect of a procession of a criminal to the place of his execution. The procession passed slowly down Ock-street, preceded by drums and fifes, play ing the Dead March, stopping occasionally to allow the attendant on the offender to exhort him to re-1 pentance. The man had certainly got his lesson well, for he repeated his exhortation in the most im pressive manner, and in such an audible voice, as to be heard throughout the whole crowd. When it had proceeded to the extremity of Ock-street, it returned and passed by the market-place to pay a visit to Sir . C. Wocseuey, who was standing under the front of the jail, viewing the scene. The utmost good hu incur still prevailed, and all seemed to participate in the mirth which it excited. The procession now moved on towards the place of execution, accom panied by an immense number which flocked toge ther. The place they had selected was in a large field about half a mile from the town. Here a gib bet was elected, about 20 feet high, surrounded with tar-barrels, faggots, &c. The culprit soon arrived, and after an earnest exhortation to repent of his opi nions, so hastily formed and so rashly expressed, and the violence of temper which had brought him to that untimely end, he was tied round his neck by al i rope, and suspended from the gibbet amidst the cheers of the populace and shouting of " Queen Cci rolinefor ever !" A light was then applied to the faggots, which soon enveloped him in smoke, and filially in flames. Thus ended this most ludicrous scene, which for the spirit with which it was execu ted was never surpassed. It was conducted with the most perfect good humour, no one ever attempting to molest them, nor was there the slightest disposi tion to a breach of the peace. The whole scene was quickly proposed and as promptly executed, for many of the most respectable inhabitants were not aware anything was in agitation. IRELAND. CORE ASSIZE INTELLIGENCE. CITY COURT, FRIDAY, AUGUST 18. The most important trial to-day was the following. It occupied the Court almost the entire day; and, if we may judge from the crowded state of the Court House, attracted much of the public attention. Patrick Fitzgerald, Patrick Regan, Michael Brien,- and Afaorice Morrison, were indicted for abduction, and with assisting Fitzgerald in forcibly carrying off Mary Crowley, for the purpose of violating her per son ; and Fitzgerald was separately charged for vio lating the person of, and assisting another person to violate, Mary Crowley. The prosecution was carried on on the part of the Crown by Mr.BARIIINGTON, Crown Solicitor. Counsellor S. TOWNSEND stated the case in a few words, by explaining the nature of the indictment, which he was instructed to say would be supported by the testimony of the unfortunate victim herself, as far as her debilitated state from the injuries she suffered would permit. After some delay the unfortunate creature was brought into Court in an armed chair, assisted by another female, who supported her back during her examination. She was an object of extreme suffering and weakness, and was obliged to be occasionally as sisted by wine and water, and strong scents, to en able her to give her evidence. Her appearance and situation excited a strong and loud sensation of pity and horror from all parts of the Court. She gave her answers to the questions put to her faintly, but. collected and distinct, and Mr. Bunsen repeated them to the Jury. From her testimony, and that of the other wit nesses called to corroborate it, the following parti culars of this barbarous outrage were disclosed : The prosecutrix, and another girl of the name of Mary Connell, who lodged in the same house with her in Blackmoor-lane, went to Evergreen on the evening of Sunday, July 30, about six or seven o'clock ; they remained there till about eleven o'clock, at a public-house, and were employed in dancing with other young men and women ; they took a small quantity of porter, not more than two quarts be tween three of them. About eleven o'clock, when they proposed to go home, a young man of the name of Doud promised to see them sale home, and they had proceeded on their way only as far as the new road that leads down to the Quakers' burying-ground, when they were accosted by Fitzgerald and the other prisoners; but Mary Connell warned him to let them pass, and to have nothing to do with them, or he would suffer for it. They then proceeded, the two women and Doud, along Maypole-road, and down Travers-street to Cove-lane. Doud parted them in Maypole-road. In Cove-lane Fitzgerald seized the prosecutrix by the arm, and another fellow, of the name of M'Carthy, who has since absconded ; they dragged her to Sullivan's Quay, notwithstanding she shrieked and made all the resistance in her power. Mary Connell ran off to save herself. Fitzgerald then dragged her up Blac k moor-lane, Step-lane, where he knocked her down, and put his knee upon her chest, then dragged her into Maypole-road, she, at the same time, calling for assistance, and shrieking out. He then carried her into a room in his own house, and bolted the door, where be accomplished his purpose. Her screams brought down his mother, who remon strated with him on his conduct. The prosecutrix asked her for Gon's sake to save her, and his mother shrieked out to him for Gon's sake not to murder her, but he struck his mother on the head, and knocked her down. He brought her out of the house down Step-lane, again into Blackmoor-lane, and there tied her bands with his cravat ; be here knocked her down again, and her head came against the wall ; gave her a kick in the side for resisting and shriek ing, and after untying her hands, gave her up to M'Carthy, who also violated her person !I They then brought her out upon Sullivan's Quay, and threatened to drown her if she would not stop shriek ing. Mary Connell, who heard her screams from her lodgings, then came up, and but for her the prosecutrix believed they would have attempted to drown her. She, the prosecutrix, called on the watch man in Blackmoor-lane, to save her as she passed, but he said he could not, and the few other persons she met at that late hour, seemed not disposed, or were afraid, to give her any assistance. Mary Con nell took her home to her lodgings in Blackmoor lane, and it appeared she was not able to get up stairs without assistance, from the•usage she had re ceived ; she was in a faint all the night. They called at her lodgings (Fitzgerald and Wm - thy) the next morning early, and behaved in a most out rageous manner, broke some glass in the sash-door, and pretended the prosecutrixhad robbed Fitzgerald of half-a-crown, but Mary Connell searched her pockets, and found nothing in them but a small key, and it was with much difficulty the other lodgers compelled them to depart. Dr. Woodriffe proved the injury she received; he said he found her the next day in the South Infir. wary, about 12 o'clock, in a state of insensibility. obliged her husband to give up the house; her daugh ter, Mary Connell, lived with her; he always heard she was a girl of ill fame, but be knew nothing him self against her. Sheriff White proved that Mary Connell supported herself by keeping a standing on the Coal Quay. His LORDSH IP, in charging the Jury, recapitulated the evidence, and pointed out to them such parts as materially bore on the case, and the corroboration it received from the several witnesses. They could have no doubt the outrage had been committed on the unfortunate woman, both from her Own evidence and the testimony of Dr. Woodriffe, by some person, and it was for them to decide whether, notwithstand ing the good character •the prisoner received, they, could entertain a reasonable doubt that be was that person; if they could, he ought to have the benefit of it. Against the other prisoners, he thought the evi dence did not sustain the indictment. The Jury, after retiring about fifteen minutes, brought in a verdict of Guilty against Fitzgerald, and Not Guilty against the others; and the Foreman said he was directed by his fellow jurors to recom mend the prisoner to the mercy of the Court. k His LORDSHIP said he should recommend him to his Gon for mercy. The prisoner was then called up for judgment, which his Lordship passed upon him itt the most i m . pressive calmer.