The National Register. — London, England, 1820-10-29 00:00:00

—/ap- who had imposed upon those who were employed in the unfor , iinate office of making the bad appear a good cause. The Solicitor General had concluded by telling their Lot&hips what judgment they were to give. The two Learned Gentlemen had thus been placed in two very different situations; the one as the very eager Advocate, and the other as the sessions Judge. l'he solicitor Ge neral had, after giving this direction to their Lot rishipe, stated that the pi eduction of wituesses for her Alajesty could be attended with uo effect, concluded with a prayer that her Majesty might depart from this investigation with credit, and without isuputation. It was a source of prat joy to hint that this prayer had been uffere 1 up. It was, lie believed, the liist prayer that had ever beeu made fur the Queen by a public officer of the Crown !—(A laugh.) There certainly was something ominous in it; and he trusted it was the first step for the restoration of her Ma jesty's name to the Church Service, front which it had been most improperly removed. He congratulated his Learned Ft lend that the case against which he had so de voutly preyed hail not been proved; and that the wretch whose evidence had been considered so conclusive, had appealed for the last time before them. The Learned Counsel next referred to the testimony of Dumont, which dram ibed her having seen Bergaini It. the passage near the Princess's room, in the night. It appeared from that evidence, as it bad .been brought out by Mr. \ell limns, that the charge of adultery was strung against Dumont and Bergen'', as it could be against her Royal Highness and Bergami ; and from her declaration that she escaped, it was to be presumed, that the plans of Bee gami weed directed against her, and not iu concert with her Royal Highness, fur their mutual accommoda tion. The Learned Counsel neat adverted to the two enter occasions when adulterous intercourse was, on the authority of that previous witness, itlajocti, imputed to her Royal Highness. Bergand we' ill , but that, it would Wein, was no °Asiatic to the enjoyment of such u passion us pos sessed this guilty pair. Time was a private passage b) which the Princess might have gime into his room math served by any ouc, but iustend of clank% that, the goes through the room where the servant of the sick man is watch ing, and a here a fire is constantly horning. She dues not steal through this room once, but twice—nut twice an one 'ilia, but twice, on two different nights, she ottes so, too being a person alto is observing the utmost cuutiou hi the indulgence of her criminal passion. Anxious to avoid every eye, she prefers that passage which is must certain of exposing bee to the observation or a person newly hired into her service, rind who, for tiny thing tile knew, might. lame diately pulifieli her shame to the world ! llow was he to comment on such a case a- this ? What security was there fur human life, if such evidence was to be seriously dater wined for a e.bgle moment l The Lenried Death wan con tinued his review of the evidence, ;minting out its discre pancies as he went wt. At nearly two o'clock, Lind LI VERPOOL suggest d, that as the Learned Counsel must be nearly exhausted, he ought to have leave to retire. The LORD CHANCELLOR- ,, Certainly! Mr. Den man, ask fur whatever time you please, am! if you wish to have until to-morrow morning, 1 should have nu objection." Mr Dersu•n said, he would avail himself .'f their Lord ships' Mier fur half an hour. After having been absent about forty minutes, Mr. OENSIAN returned and rebottled. After pursuing his line of lailuitidvetsiwo at considerable length, he said, their Lordships could nut adopt a middle course in deciding upon this ca-e—there could be nu compromise between humour and titanic. By a compromise, the tided w ould sutler pettier turtuies thee could lie iiigicted on the body, by the jurig meet pronounced upon the highest crime. He would ruttier see his Royal Mistress upon her trial ut the Bar, as Aune Boleyn had been, thou the victim of an inglorious compro mise !--he would rather see her ascend the seal old, and lay her ha re neck upon the block, than see her leave these shores the object of edam and pity I He culled upon their Lord ships to treat this case as it would be treated at the 01J Bailey by unr of the Judges, who, if lie did not desire the Jury to acquit their prisoner at once, would deserve to be im peached at that Bar. He (Mr. D) called upon, and entreated them to consider, that the polluted evidence against the Queen was the evidence of discarded servants. He was not able to find any case similar to this in modern history. In the Boman !his tory be found the case of the Empress Octavia, who was repu diated, and became the victim of false evidence. Octavio became the wife of the worst of the Roman Emperors. On the day alter marriage, she was the object of his disgust, and was accused of criminal intimacy with a slave. Her servants were not bribed, but compelled by torture to swear against her. She was tried and condemned to exile. The Roman people believed her inno cent, and un her return from banishment received her with tid ings of regard. She became the victim of a second conspiracy, and was banished to an Island in the Mediterranean, where ate had no alternative left her, but to die, either by poison, or the dagger. The unhappy lady submitted to have her veins opened, mad she bled to death. Here Mr. Denman quoted the words of the Roman historian lamenting the fate of an unstable Princess. de prived of powerful relations, who, had they been living, might have prevented the catastrophe. Her Majesty left this country in sorrow. When she first went abroad, she %AS the victim of rumour* and false reports, which were in the pet:sees instance to be grappled with.—Deprived oilier only daughter, the gas left exposes.' to the designs of her worst CM:11114.11. In that fatal month, which blasted the hope of England, Nov. late, every one of the material witnesses for the prosecution were deicharged from her service. It was then all her secrets wine enquired into. At that type Secchi and Majocci began to sting their benefactress and mistress, then the conspiracy against the Princess was formal in their hearts, and was sure to lie carried into execution. l'Oe Learned Counsel declared that her Majesty felt confident that they hen wily vindicated her innocence. Pour o'clock having arrived, the llouseadjouteed. ocri. 25. This morning the Lord Cianecllor took his seat on the Wool. sack at rive iniuutcs before ten o'Llock. Prayers were read by the 131 shop of Bristol. On the list of Peers being canal over, excusts, were admitted for the Duke of St. Alban's. L..tl et* Oxford, and Lord Somers. Counsel were called in at twenty minutes past ten o'clock. Mr. I)s.Nstax thea rose, and resumed the bunquing up of the derence..—** My Lords, in referring to the evidence wind: has been produced an support of this Bill, I am naturally brotig!l t.) that hidividital whose name forms so prominent a part in 4.11 C Cilurgo that hate been brnught againat her Majesty. And cer • taiuly no person ever entered into any situation with better character, with a fairer claim to promotion, or better entitled to lope for success and advantage, Mr. t7raven slate.,, t:att the `Alarquis Guiaihaglni treated Bergami on a hinting of equality, and recommended him to het flop! Highness as an iudniuuat who was deserving her confidence and patrona;;e ; that he was of a roptctab:e family, at hick had sullertsi in its tortuns during the French ltevo:ution; that he had served in the French army, where lie was admitted to the society of persons id rank and di , ;inction; but that now, in his humbled torteures, be was coin ptllo to accept of a situation beiow rank, or his deserts. Sir lti . GeU stated, that the Marquis Guizileihri, so far from THE NATIONAL REGISTEIt treating him as a menial, or one of mean origin, saluted him in the manlier in which the nobility salute persons of equal rank; and the French Colonel Oliviers, who knew hOn at Gen. Pino's, speaks of 1 • in the highest terms. lam not, my Loide, de fending Itergiuni, nor hitt necessary thut 1 should do so; but I cannot advert to the tniur• sr in which lie was introduced to her Royal Highness, without declaring my lino convict:oa that he was a person worthy of patronage. ite.ganii esacreu the service of the Princess in the year 11314, and in the following year he was promoted from the situation of a courier to that of a page. I may hie observe, that a C 4,11 !‘r to a rival personage, thou g h weating a peculiar thesis, is not to be COnatkred as un ordinary livery servant. At this time Mr. Craven had left her Royal Highness, on account of a domestic inhibit tune, and Sir Witham Gelt had also kit her, on account of Isis health. I thertthre do not know that the Princess could have dune better than binding a man of honour and fidelity to her service, by conferring on him those office* and those honours which it is the privilege of royalty to bestow. And when a royal personage does confer rank and honours on an individual, he who is thus distinguished becomes what royalty chooses to make him. I do not blame Capt. !When fer refusing to sit down at the table with a man who had waited behind lira chair; but no individual would degrade himself by yielding respect to those whom royalty delighteth to honour.— Whom, he would ask their Lordships, could her Majesty have promoted with so much propriety ? But it appeared that die virtuous feelings of this illustrious but uofortuuate lady were all to be turned tato crimes. If lietgatui was promoted to the situ ation of chamberlain by his royal ndatress, was it a proof of guilt that lie was publicly declared to hese, that he should appear in the proper rank, and introduced to her Itlajtaty's visitors as a person tilling a situation to which his talents and fidelity entitled hint ? Then it was said that he had been loaded with honours ! But their Lordships would recollect tuat Italian Baronies were purchaseable by a few hundred livres; and, in the country, where they were so easy of suainnieot, they were absolutely necessary as an appendage to a situation of such importance as that to which Ilergaini had been raieed.—The Lemma! Counsel then referred to the evidence in contradiction with the calumnious statement of that witness, who said he had heard the Princess and Berginui together under the tent, while he was lying on a cote in the cabin below. This aoandoned wretch, he said, intro duced what he heard as a parallel to what he had seen when lie was half asleep, and must, if lie lad laid on a sofa at the time, have gone into another cabin, and taken rise& and brought it to that which was under the tent whore the Queen lay, for the pur pose of lying upon it, to hear what was going forward between her and litnaniiil The evidence of Pritureo—of Lieut. Flynn —and of Lieut. Ilownam, gave the lie direct to this abominable fabrication. The whole of the bath story rested, in short, on the evidence of Mejocci and Dumont, and it was of a piece with the whole of the evidence of these persona—a piece of inveatiun as absurd as it waf incredible. Tie I.earned Gentleman begged now to direct their attention to tie mitt case of inference which the Attorney General had suited in his opening, namely, that when Sacciii urrived in the night Mae with a despatch from General Pino, lie saw Bergami calling, as the Attorney General had affirmed, out of the room u her Royal Highness. With out baying any thing at presets as to the credibility of this witness, he would ask, how was the statement of the Attorney General komc out by the evidoce of Sacciii ? He dots nut state that he saw Bergami cumin; out of the room of her Royal Highness; he saw Intii coming sat of a room, but he neither knows who occupied that loom, tar the zooms beyond it; and, what is more important, lie Iles not even know where the room was situate which was oceiiiied by her Royal Highness:— He (the Learned Counsel) wool. here advert to the letter of Dumont, insinuating that person woe ready to pay her fur. giving evidence against the Princes, and that she was ready to disclose or conceal all she knew accordingly as the Princess treated her. This was the constructon his Learned Ftiends oppo site must put on that letter; and, that was the case, it was a threatening letter, and ber Alikiest • spewed her own innocence, and the consciousness that Dimwit could not with truth speak one word against her; that she lid not even notice it, much has endeavour to conciliate her ;ockl opinion, or purchase it as a guilty person would have don. In regard to die affair at Charnite, Lieut. Holman states, hat it was necessary to go to Inspruck for passports, and that brganit and VittlSA:l we, ,t for them, and returned very late. In . rigid moss ex:unuirtion, the basis of which his Learned Frientl,no doubt, had from Nimbi and Dumont, they asked him abouttle time, the snow, &c. but there was nothing in the evidence d' &Aetna flowitaiu at all con tradictory. In introducing the wines Vassali, lie trusted that it was no reflection on his charectenlist lie had served as a pri vate soldier in a Royal Guard of lloiorr, since, on the Continent, nothing was more common than foi young men of the mutt respectable families serving as Goads of Honour to Sovereign Princes. Vassali says lie returned tin Inspruck about two or three o'clock, that he iunnediatel: tent into the room of her Royal Highness, whom lie found tnilte bed, featly dressed tier her journey—that Ileripsmi was intle room, anti that little Vic torine was on the seine bed with het loyal Highness. fact Dumont artfully and wickedly canceled, although she was in I ' the room at the time, and musthave titown it. lie would now call their attention to the witnessCarrigton, and lie could not do I so, without noticing, that no saner hd this witness left the Bar lit their Lordships, to the satisfationit every one who had heard his teetiniony, titan materials wee Lid for his cross-examination by the first Lord of the Admiral,: looks were searched, t,nd his Captain brought to town to be ermined. He eould not coin pi:au of this, but seriously tliankd tie Noble Lord fur that ems* examination; and he would say,liu. is wiiatevar rank in society Carrington's lot may be cast—nuke made him *gentleman. The ' character of this witness rose high. hum every cross examination, and his testimony could not be silken. Atter Caarington had been cross exammed SO frequeulk a paper eas at last produced, which proved that he bud been led a, inidshrimem on beard the Puictkrs, and Sir John Berated said lie never parted with any one with so much ragret, use was a most eseeileat sailor. ' It still nanained to speak ut' the shibition by Alalioniet. Did their Lordships wish that he shad detain them a moment on llii• 01 1 ta,llog pal t so; II:is UivaaYbriablc co,o' ?—(it 11,10• e) Alisjocci, elm had nut ices inperly drilied a. to the cum- 1 1 plea ion to be gum ell to chi. inc cut, had unsuspectiegly de clared that lie saw molting kilns dance olden amide it unlit to be seen by either Ina or omit:ill, ISO, testis„ 'Jo time tthtl mi iiy orally so I.lllilCd as Al th, ir Lordships would had, in t r.bW eiler of Alt • litivtiutin, rind of Airliraiiville time mina 1 1 satisfactor) rentitviun uf the oe ut put try lime Anoint!). Cieuerul. Thei s was yet oliCene more, nod he was Italy,- to say it was Idle lust to stiliClO Ltd to call their Lordslii,a' utteut ion; it tins the nutiabletat.dbriy a%eircit to hose itch Liai t e by a sce ei, o t s the j.vir v icons Hume to Senegulta Ttte d Cumisrl u,w roil, hurt the t v idi nee u: eat to rails, tilos? 11;tiscrs itluciiream that Stlyelsi had o ceJud Ku, al Highness tithe Juuttic, me Sencgidi dad ' .cold not 'windily hose wen bat Ire pr , tended 1.., tit scribe ; tic et the estilehre of Li, nt..nwnatn, ‘i hneb a ward th it sic (Intl:the in 1111 ch her Ride aia (Hie a itil ,pritig Winds, iihich could Uhr iipeutil ca re l it Ii sin withitt ; Hurl I:islly, tome pant 1111 t!LVidelo c of Cos. and (•;iunt V &nal:, which SA CI,I •COldis oss, ti, y did ibis"( une quivocally , the IstatClUclita tij aI lit /Otte and Air. ilutlllaiL Tim, t •S t est y w4u the costive drstrnet io.i of the pu,mbh,t ) 0 1 sat chi's itaitbeeti ohm 11,• alleged. And, if this were a hat he c.t., of the alkali a limos et nleuce is hat became el the is lone le. of which ....it U u w its. as was ors the chief iulil.u, t ) .v Ifloie% of the In oteediako, to duinghit.h, he foreibly tetiouriti the 347 the act of seeding away " the perjuied valeta Rastelli." — At nearly two o'clock The LORD CH ANCELLOR Ingested to Mr. Denman. whether he ought not to have a little repose. The Leaned Counsel thanked his Lordship for the indulgence and retitled. In half au hour Mr. MINICAR returned and resumed the subject. lie proceeded to enforce open their Lordships the self.evident fact dint the foulest conspiracy had existed agaivat the Queen, and that that conspiracy originating, la one Court, had been patronized nod forwarded in ethers. —The Learned Counsel then remarked with mach feehug on the persecution which her Majesty had undergone.-'. " The death of the Princess Charlotte," said the Learned Gentleman, " was the signal for the font conspiracy against her Majesty, and the death of her last friend, ow' late much severed Sovereign, was not an to her in a letter of condolence, but by Cardinal donsalvi stripe ping her of rank and dignity, and giving her a passport, not as the Queen of England, het as the Point:en Caroline of Brunswick. The accesssiou of a Sovereign to the throne of these realm, that pitied which is marked by the extension of the God-like attribute nicety, the pare don of the criminal, and the liberation of the captive, wan no reign of peace to her Majesty, The first oat of the new reign was the most illegal act ever recorded in the aunals of England. It was to the Queen of England a reign of degi edation. Her name was excluded from the Liturgy. The people were forbidden to pray for her, but she bad the prayers of millions, What was the pro ceeding before the House t It was originally a Bill of Divorce but in that character it no longer existed. The feet of six years separation from the husband, wish the Letter of Licence, wan a complete answer to Divorce. — It was then a Bill of Pains and Penalties; a Bill to per secute an unforinnate oppressed woman. It was at the pleasure of the House to go on and pass such a Bill," but I am sure (said Mr. Destines') your honour and feeling will induce you to do justice to the accused." There were several individuals whom we have not called in What( of her Majesty, because we now consider our case proved. We did not think it consiatent with may principle of justice to admit that we are bound to go one step further. We have been told Bergami Wight be called to deny the charge of adultery. That cannot hr. If any wan guilty of the charge was examined lie would deny it. I firmly believe that feeling among mankind in such u case would tuiumph over morality. It would be fumed better to violate an oath than betray the victim. From the beginning of the world, can my Learned Friend shew We when such a person was called. Looking to the principle of this Bill, it appeals to me there is nut one part of the evidence which would warrant your Lordships in calling on me to go further. I have heard, my Lords, that while we are de feuding her Majesty, there are persons, not In a low capa city, not of the public press, hut who have seats among your Lordships, w ho arc industriously circ u lating jejune's& reports against the Queen. Could I, my Lords, call WI that individnal,l would say, " Come lot iii, thou tend slanderer, and meet sue face in face: if you do not, thou art won* than the Italian who gives a perjured bit an open testi. molly, while thole pourest thy infectious ealnumies into the ears of thy brother Judges, and plunge into the breast et* a royal victim a poisoned stiletto, iii the semblance of the sword of justice!" Were it possible that any oldie Bided Royal could do this, I would say that he had dune mere to degrade himself from the successiun of the try wit than sky royal mistress would have dune, had every charge been proved against her. My Lords, the whole generous po pulation of England is in filvour of her Majesty; and nothing would be hailed with such universal joy as your Lordships pronouncing a verdict of Not Guilty! During the whole of these proceedings, her Majesty's Couswel have had the proud gratificatiou of fighting tire battle 'of Morality, of Christianity, and of Public Justice; and although I cannot compare myself to that warrior iu the cause, who has fought so nobly ; yet I, perhaps, way claim the humbler merit of havisig discharged a few loose arrows at the champions of this degraded Bill. This, my Lords, is the highest tribunal on earth—it can oily be exceeded by that where all the world shall be judged, and the se. wets of all hearts laid open. I insider you, my Lords, therefore to imitate the justice of that beueliceuee of that high and sacred aathosity, who said to the woulau brought before bins , "If uu accuser come rot ward, neither will II cuudelau thee—go in peace and sin no more I" The Learned tielitlernen'e speech appeared to make a great impression on their Lordships. Mr. BROUGHAM applied fur leave that Dr. LUSllingtell should be permitted to address their Lordships tomorrow, winch being granted, the House a ~ proirriel at 4 o'clock. TWENTY-FIRST DAY OF TBE DEFENCE. TUUMSDAY, Oct. l'fb. The House met this mottling at the usual hour, and the usual preliminaries were gone througra in the ordinary farm. Counsel wete called in at 20 minutaiyaset . kni o'clock. Lesiunoaos addressed their ettahipra—•• My Lordly if I had been lett to my own discretion, and to follow the dictates of my own wishes, I should not now have arisen to address your Lordships. But in the discharge of my duty to my dimness& client, 1 am delegated, by my Learned Frienus, who think titil case so important, and so extenaire, that, after all their exeryissu. some facts yet remain to be stated. Vuur Lordships man feet that my task is not an easy one, and that I conic to the perfirenie ante, sultana:ldol with difficulties beyond all meaeute. But, any Lords, I have one coneolation, a consolations that, in the jiidg talent of all my friends, this case stands on a fourAtion rat thin end senate, that even the treatment of an unskilful Advocate cannot Injure it. I have also the consolation to feel that the mote this ease as scrutinized, the more will the innocence of my royal client appear. 1 will, in the course of my &althea, to your Lord ships, avoid repetition, where repetition can be avoided; but your Lordships must feej, that, were I gifted with the must powerful chepssace, my observations can have no inapt, wept taken into considera tion with the circumstances that have already takes ' place. It becomes more immediately my duty to make one or two observations on the subject of the charge in this bal. I have in the whole of my paufesiaoual life, been engaged to caves of Divo.ce ; but there are circumstances in this case unprecedenurd in the records of past times, and, 1 thank God, without 411 exam ple in the present age. It is not. my Lords, that the tribunal is new, or that the Government is imp!ieated in the cause; but there are other &cum:minces witheut a the iu the page of history. I wall first notice the age of the party accused, and I affirm to your Lonlalips, that there is nut a single instance. in modern or in former times, where a husband sought to itivoree his wife, by accusing her of :adultery at the age of SO. It is a tarcutestanee well ilea:tying the must ;wraith oonederetion—a wile secant' ed from her husband, 'scarcely ir.ing single day with hen after tier marriage...she is caught to be tin OT CCU at tiar age of 50 ; when there a:4 not a singie instance even where the parties had used toaaather. Ma divorce beuag sought, where use aft Net ;UMW(' tit. age, of 45. But there was, another point. 't 'husband of tha Lady accuse!, has been it years separated from his wife—se; areted by his own act mid by hi t s yon wince— sepavatel not in consequeuce o r themisconduct Of I.a wife ' or of , the breath of susplewn having tainted her character, but sopa. -- w