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

" 4 343 rated in the wayward indulgence of his own pleasures and his 0411 passions. Now, my Lords, how etand I then? Live, there A niaa in the world who is so bold as to canoe before your Lora l. 1 . 1!4, and Say lie has cause of compleiiit—he has injuries to be ralreaaed, under such circunntaaees ! But although Kings are in many respects above the laws of man, who dare imptottsiy albino that lie is above the laws of God ? Is there one theme law far Kings, and another for loan ? Arc the vows of the Altar to be bitninig on the peasaut, and to be violated with impunity by the thiinn? Is them one God for the poor individual, one civins law far Lion and another for the sceptivel monarch ! What was the object of the sacred contract of marriage, but the happiness of the indiv:duale ? But where, my Lerch, shall I look tor the har;neans of the illustrious accused—a: here shall I find one truce of corntint, during the whole of het married life! Snail I look to 1806? Shah I look to 1s13? or to the time when the inter• course between the mother and the child was forbidden ? Shell 1 look to thc time alien that mother was exiled from her country and friends, and when the spirit of persectu:on followed her every step! I know, my Lords, that the agitation of this subject shake; the Crown, and the dignity of the Monarchy ; but it is in the faithful discharge of u solemn duty that I have been com pelled to advert to these painful circumstances; and 1 have dune it with all the delicacy I hare been able. It is hardly passible to spew the difference between !hie en,e and the proceedings in the ordinary Courts. But what should we say of a litiAmitd,, insgnai. ble to his own dishonour — ofd nusband of fitly thousand pounds a years not to restrain his wife from an :Jule:roue inter course welch lie believed she was carrying on, but to permit its unrustrained indulgence? What would we say of an individual coining to claim junice who had said to his wire, "Go thy way: . not in the language of the Redeemer, quoted by my friend. Mr. Denman, •• Go My way and sin Na more," but "Go—he:tan- thy stamina kpassion.rrtel ire till the ynusuresofadalteraus iiitenom u/id you dual be furnished with Inc most ample owtris !" I am huffy. my Lords. to be able to say, that I shall not be under the neceasity of introducing another topic. It has been coneidered, by my Learned Friends, unnecessary to say cue word in reciimination. This House, my Lords, has the power to pass Cf.' Bill; hut, unless you are prepared to violate tl.e laws of God and • man—unless the Bench, w forms part of the Con • satution, is prepared to abandon the tenets of the Gospel—nou cannot, and you :hall not, pronounce fur the divorce. Before I enter upon the ahort examination of the evidence, which it is my intention to pursue, permit me to say u fey, words as to the principles by which you are bound to be directed in your judg ment upon this case: It is not mask you to action the delendent upon a point of law, that I address you upon this point, but to prevent those of your Lordships who are not conversant with that way of considering the case, trout being misled by the Learned Counsel for the Bill. The Solicitor General, in his summing tip, quoted the decision of the Learned Judge of tile Consissory Court. in the case of Loveden against Parker. Now, dough to the talent—the matchless talent—of my Learned Friend, no man bows with greater dcfercnoe than 1, yet I am surprised thin he has extracted a principle from a particular part of that case, and applied it as a general principle.' Here Dr. I.I.:SHINGTOII real tire passage quoted from Sir Wm. Scott's decision, by the Solicitor-General. It stated, that it was not necessary to prove the direct fact of adultery—a thing, iu most cases impossible. It is sutlicient to have incidental cireum• stances, leading to a conslusion of guilt, net to a rash conclusion. What !" said Dr. LUSHINGTON, Do you think, by the situation in which Sir Win. Scott was placed, when lie delivered this opinion. The case was under discussion and argument.— /le said this " Here are acts of indecent familiarity proved by witnesses above all eideption. Here are intercepted letters from Mrs. Loveden to Mr. Parker, ofauch a nature and character as many a woman who would enter into a brothel would be usinuned to mention. I should not read those letters, but they contain the most positive evidence that the feet had taken place." These letters had not been given in evidence, but a verdict was given in the King's Bench for the defendant, although it was proved that he had passed the night in Mrs. Lovedees Chamber. In another case, that of Mortimer v. Mortimer, on the 12th of July, 11426, the Learned Judge insisted, when the Counsel were on the point of giving up the idea of arguing, upon hearing the ar seaneett—and it full to my lot to argue upon the caso-odthough convinced of the guilt of the woman, the Learned Judge ordered additional evidence ; for, said he, • I may have a formal comic • tion of bee guilt; but, no judicial proof.'—n• But, (continued Doctor Lushington) " 1 am not to be supposed to ask for your 'verdict because there is no legal proof, but because there is no proof which could in any case influence a person of integrity, judgment, and diligence, to suppose that there was the slightest foundation for those charges. The case, as I understand it, is this s—Here is an ample opportunity—here are circumstances coupled with the opportunity, which lead to a demonstration of guilt. Now that the opportunity of committing adultery should be considered as a proof of it, there is not one tat your Lordships so ignorant as to allow. 1 admit that if there were evident fami liarities of an indecent nature existing bets een the parties, and that opportunities of guilty arjoyment were sought after, it would be unnecessary to go any further, but the eircuna. stances must be in the same degree of certainty as the oppor tunities. If I were arguing this as an ordinary ease, I'll tell you how I should treat it. I should sheet you Dumont, and Sacchi, and Rastelli to be perjured ; and then, if you would not stop me before the end of my argument, I should throw up my betef. What when I had proved that the four principal wit- misses agsinst my client were perjured, to permit me to proceed . Gracious God, where can be the security to life, and charaetcr, and property ? if, when I thew you, that one, two, three, tour, and five of the charges are nipported by perjured witnesses, are you to say, • Unless you prove the 6th and 7th to Le felae upon the same grounds. I shall deliver a verdict of Guilty ? • It is site order of Divine Providence that we are enabled to detect foul conspiracies, by bringing to light circumstances which prove the perjury of those who support the charg e ; but that Power has limited the means of elucidating the truth, alai ha, not permitted us to follow it beyond the heunds of necesoty. The plaintiff in an action is bound to establisn his case upon the most indisputable evidence; much more is it incumbent upon the man vino aims at raking away the life or character, to fix the guilt by unaus peered testimony. lie should say, •• Thus far will I go, but no tariher;" not that •• you, the victim of my revenge, shall at leaat ipt with a stain main you, which nothing Call efface ! " Dr. Lunn/sot oe: continued:—" My Lords, let U 5 in the brit place inquire what we.: the condor; cf the Queen ton a.ds Bergson? The Attorney General told your Lordships that would *hew ti.at she was so much under the power of this do:d oe:ring paasion, that his will and pleasure acre her's, and that there was such a ectisummated familiarity beween them as could only L. *Wonted Inc by the lest faroine Itavinn been conferred. Now, my Lords. I undertake to demonstrate by the evidence pro. Jewett, that no such familiarity, no such intimacy existed; that there was no want of proner respect in the one towacds the other-. no want of a regard of the decenciesof ordinary life. I ant sure your lordships would feel that I did no: do my duty, after making so broad an assertion, if I did not point out the evidence on whim it is grounded, and by which, I say, it is loth. , putably Frond. Fint, then, soy Lords, let us look to the proof of the Quest s adversiries ; let us see what It is ; and how it desert cs to be looked at ? Fore• moat you have that memorable witness Majocci, and whet does be swear? That • Ileteoni had more authority than the other persons of the householu•—that there was • rattier a familiarity between her Royal highness p and Bergami.' Good God ! Lords, what a phrase atter such an opening of the caw,—Mitre ass' rather a familiarity' between theill! What a plaint troth se chosen a witness; from one who has been so nurtured to the task of ruining has Royal Mistress; front one whom I may call the ergs of the prosecution ! Wnat an answer to hive, when we cawnler moreover tnat my Learned Friend the Solicitor-General Put all Maims:ions oo ingeniously, that ti.e witness could in no THE NATIONAL REGISTER. instance help understanding fully how much was expected from hint, and how tar he was hired to cO. After all thus, what a sum total of evidence—• There was r a familiarity between them !' We come next. u.y Lords, to the evidence of Mademoiselle Dumont. She says that, on one tiesision, they were very familiar; and that, on another, she • made no observations.' Although your Lordships will perlhipts tt;tee with site, that if ever there was a witness more likely or more disaosed to observe anything which might operate to rrjoi the silicc of ire: afijesty, it was this wenian. In fact, my Loreto, cecept in the evaaetice of the two masons, who were working at the Vida it% ,te, must admirable judges truly of the omiinet which a Queen ought to observe towards her Chamberlain, unit who swear no more than that they w.siked together, bite two friend:;, like husband and wife. your Lordships wed not find in the whole . lardy of the cvi. dence, one single assertion of this existingtm o:Laity. But, my Loaf., let us now Win to the other side of tile evidaice. I have to present to your Lordships twelse witnesses. *hose testimony goes not only over the whole period of the imputed charaes of cri minality, but extends to the nine of her bast departure from Rome. I will Make, my I.ords, no comparisons; 1 will not so far disho nour the respectable names 1 am about to quote, as to compare their credibility wish that of the witnesses tor the prasecution. —The Learned Gentleman now took a review of the honourable testimony to the conduct of her Majesty, (in positive' contradie tioa attic Italian vermin) which had been borne by the noble and respeesable witnesses who had been examined in her behalf; and afterwards proceeded to point out numberless instances in which the King's witnesses had been gui:ty of unquestionable perjuay. and in allusion to the Milan Commission De. L. said, Gracious God! what confidence could be placed in such evidence! Itastelli and S.wchi were employed by the Commission, and the inference to be drawn was, that the Commission were only active in getting evidence in support of the timl charges against his Royal ;Mistress, and totality regardless of all evidence in her favour. The parsous who were employed had no character to lose. They had nothing to few, and every inducement to the thing they were paid to do. Tiwy had every hope of reward instead of punishment if this succeeded. The persons accused of the crime of subornation, were Col. Browh, Vilmacarti, Itiganti. and Itastelli, and those, the persons who could prove or disprove the charge, are not forthcoming. Much industry had been used to get up the ca-c against the Queen, but if half that industry had been exerted bona fide, it woald have saved their 1 .ordships trouble, the country from incalculable contitsion, and the public expense. At the end of this case, 1 have to thank your Lordships, said Dr. Lushington, for the indulgence with which you have heard me. I thank your Lordships for your patient hearing; and now in perfect confidence I appeal to your honour for an acquittal. I appeal not to your mercy, hut your justice. As soon as Dr. Lushingtun had concluded his very able speech, Earl GLEY withdrew the notice of a motion he had made fur producing the depositions made before the Milan Commission, as he only wanted to see the testimony of Dumont and &Lech', but he was now satisfied, and wished to hear no more of tbem.— (Hear, hear, hear.) Adjourned at twenty minutes past three. TWEN TY-SECOND DAY OF THE DEFENCE. FRIDA V, OCT. 27. Their Lordships appeared this morning In most excellent spirits, with the exception of one or two who seemed to lie unwell. A great deal caesurae's:dims was .curried on in the House, and the newspapers were in very geueral ere. The LORD CHANCELLOR took his seat at the usual hour, but a very long pause took place after the Clerk had called over the pauses, daring which, those below the Bar were employed in conjecturing favourably to the popular side of the question. At half-past test Couotel were called in, and The ATTOR Ey-GEN ER• t. immediate') commeuced his Reply, in nearly the following words:— " My Lords,—Tne defence of her Majesty bring now closed, It ones snore becomes my ditty to address you upon the p irt of the pi otecution. The vast importauce of the case, the anxious stud universal interest which is has excited, would iu themseiver be sufficient to entitle me to the isidul getter of your Lordships, iudepehdesitly of the tact that nu Advocate ever stooJ more in used of that indulgence; but nia Lords, it is nut because I am oppressed by the difficulty of the uodertuking, that I now ci more than ordinary consideration, but because your Loishlsips have been long occupied in this painful investigatioti, stud my Learned Friends have been employed the last three days in address ing your feelings ma u subject which has now be: one stale. 1 cannot, my Lords, but see, under these eircunistaisces, that the great length of the observations made by my Learned Friends, a ill place sue under the necessity of making lusger demand upon your time thaa I should other% ire request. Before I proceed to take notice of the evidence, I shall advert to u topic a heel' has afforded much upportanit) for sleclumatiou, but witch has been wholly uinupaorted.— I mein the topic of the peculiar disadvantages under which her Majesty is said to have saboured, All the witnesses on are pais of the prosecutims were examined—all the charges were made known to her .Majesty, stud your Lordships per mitted the case to stand sell at the r lose of the evidence against her, and gave her the time she demanded; unlimited fonds, and all the facilities ss Iticb comd be gamed under ally circumstances. I tru t, my Loud., that this precedent will out, in future tithe, lie weird u a ria. Noshing eau be more daagi. rum; than, after the lose of a care, to utford tine to anew. r the charges, and pi oe its eja hat it hits beets admits d upoa the part caner .11ajt,t , ,.3 Cuarorl it is must easy to pro cure the assistance of pia ju she entire of the accused.— If time and wouey were Ilk. ly Lt be effectual ill gaiiiiiig to accuse the benefit of corrupt evidence, her alajed) has no right to complain; fur unlimited time and a opie means title alto stets , and her Al isjert) went into her deka ce under et; caliatances al the oust pivot et ful advantage, not Isola from deb tatraordinary indulgence, hat front Ilie vat and and great abilities of tier Cuisisul. I have nut the pillar rto appeal to the imi,ions II: . your Lordslitp•, or to excite y our I ire iliteir ors isetendaat, neither is rut h U sU which my socliiialcin tends. 7u 5501 k upon tisme feelitigs rt, been the emplopnent of sirs tic.srceJ Ilitu Is, vsLo have ens seised teals peals to your Lordships IA ills ytotalith, and a Mos rat I was from time inig hi y stores of asitiqiiity and uuc refined sources of maderu literature-- They hate as:riled Ineatsclvk It of all that thus presented Ilbt If, is Mk to ma at fob. to es atniue, coolly stud d-spas. somata-I , , the r. rimier mid toe facts—nut employment in which I Louk your Lard, Mar will pat ticipme wills Ille, %idiom regard to the topic. w Lich have meet 10 eltret.A!nti) hut so in e, 4 ularly iat roamed. 7he Learned Gentleman now ra materna it, is hat we ,oi.vose he would call, a refutation of the sire onients used by. lies Majesty'. Csiumel, and vsitauut a single Dust of utigiuolit), e r eious, or ability, continued to address the blouse lid owe o'clock, at a loch hour The Attorney Genes al, on the suggestioti of the Lord Chancellor, was on the 'must of withdrawing for half an half ass hour, whin ME. I)Es aN said, lii Learned Fi iend Mr. Brougham had a rely importaiit couuuuuicauuu to male to their LordNMl's, and, that hot then iu the House, he would instantly appear at the bar. Mr. BROVGIIAM..." My Li:olds, while his Majesty's At :Gravy GrOC/41 has incil addirtsmg your Lords:ups MI morning, and lids stated we have proved nothin g again,t Ompteila, I at that very moment was put in possession of some vastly iniptis tent documents. I have. my Lords, ceived letters from this Ompteda, proving Ishii in cor respondence with the servants of the household of her itoyal attempting to seduce the servant,, 411(1 10 pi us. iti e filse testimony against her Royal flightless ; ilmse important ors. my Lads, are in the bands of Delionit, mid addressed to Illariette lltununt, (tiro in :10 . sei sire of her Itoy 4 l The ATI'OIINNY -(aN en AL lutes roiled, when Ti l e Easlot LI cEit POOL said, that this was certainly not the stage of proecedings in which the letter* could be received by limit Loi .Ir. Haus out sit sak, tlott II lie had not made the cons iiiiimealloo to their LOldsilipA the moment lie was in pos session of the &mums:ins, he (morel wed lie should slot hive done his duty to their Lordships nor to Isle illc11111• Lord HOLLAND—" Wlmtever proceedings the House may acterwards adopt on this important subject, I think t hi, is not the hut no blame attaches to the Learned Counsel, Mr. _ . Lord LIVERPOOL did not blame Mr. Brougham. but only said this was not the proper time. The Marquis of LANSDOWN was of the saute opinius as his Noble Friend, Lend I lollauff. Lard 1)ON01:011MORE doubted whether, when the evidence Nil 4 closed on both hides, tins new evidence could be admitted. lie considered the application of Mr. Brougham as an iiitrusion on their Lordships. The LOal) CHANCELLOR moved, that Councel should ssitlidi aw ; and then staled, that it would he for the future consideration of their Lordships whether this evidence could be admitted. The Arroax LYCEN 'MAI. now mumeil, and proceedid it, the saute strait, as before unitil after suite allusion to the evidence of Cart ingtoo, a licit, he said, had been completely destro) ell b ) that of 5:1 Joan Beresfoiai, who tad, lie said. beetle filed by a Nohle Lord to gis e a cif:tract. r of the wa ne'', cool Fa ry to all precedent. Lail GREY rose tinineilintely, and having moved that Counsel do withdraw, observed, that he fliJ not roll Sir Juin' tivresford to cimtirin Can ;moon. Taut oiliness, to the coo, teofhif examioation, mentioned the name of Sir John Berebfurd, awl he th .ii, ht it proper that the House should hasc the evidence of Sir John lieresford, us to the tact stated. It was only to elicit truth that lie called Sir Julio Berosford. The Noble Earl thought it tircesmry to cry so mucb t as lie could not lif ur improper motives imputed to hint, w ithout io.recting au aspersion which he felt to be totally unfounded. The Arroastc e-GEttietlAL 'aid, lie was merely stating to their Lordships, that Joao BerehfOrd was called to elucidate Its objection to the eViden..e of Cu ringt on. lle had not the least iutention to throw aspersion on any human being. lie tart' coatended that Majocei was more entitled to credit than Carrington. At four o'clock the House adjourned. TWENTY-1111in) DAI OF THE DEFENCE. bATL'iti)Av, Oct'. 28. Counsel were called in at the usual time this morning.— The Attorney - General resumed his speech , and continued - to speak till two o'clock. The Souciroa-GENERAL then immediately followed, and proceeded till near four o'clock with comments on the evi. dance, and contended, to every rational man, a PAC of adultery was wade out. About four o'clock he observed, that though he felt unwilling to take up more of their Locilship's time, he felt it necessary to make a few more observutione. The Earl of LIVERPOOL suggested an adjournment, as the Learned Gentleman had been evidently labouring under indispoAtion. Earl GREY hoped that though the House met again for a short time on Monday, the time fixed for the second reading should not be delayed. It was then agreed that the house should adjourn till Monday, and that after the conclusion of the Solicitor General's speech, that they should adjourn to Thursday, and then to discuss the second reading of the Bill. it Mr. Ilttouortax, before the house adjourned, observed, that h had been insinuated by Solicitor• General, that he (Mr. B.) ad been in the possession of the letters of Ompteda sometime before he had produced them. lie (Mr. B.) now statedipositively that the person who brought those letters to England only reached London on Thursday night at half•past eleven o'clock, and that he (Mr. B.) had not been put in po.session of diem till about the same time yesterday morning. The SOLICITOI•GLYERAL said, he was, of course, acqui esced in whatever his Learned Friend asserted on this subject.— Adjourned to Monday. F 170. 11 LAST NIGHT'S GAZETTE. BANKRUPTS. W. Paulden, Macclesfield, linen draper. Solicitor, Mr. Sher win, Great James Street, Bedford Row. S. Scurr, Doncaster, York, linen and woollen draper. Sol. Mr. King, Castle Street. Holborn. S. Drinkwater, Liverpool, timber merchant. Sols. Messrs. Blacksrock and Wince, '1 emple. Cooper, Threadneedle Street, merchant. Sots. Messrs. Courteen and Robinson, Walbrook. J. Leigh, Upper Thames Street, coal merchant. Sol. Mr. Baxer, Furnival's Inn, Holborn. J. Spence. Princes Street, Westminster, corn dealer. Sol. Mr. Young, Marshal's Street, Westminster. D. P. Hunt, Snetterton, Norton:, miller. Sol. Mr. Wright, Temple. T. Hirst, Huddersfield, York, cloth dresser. Sol. Mr. Bettye. Chancery Lane. J. Wilson. jun. Batley, York, merchant. Sol. Mr. Bettye. Chancery Lane. A.Stephen , on, Ingram Court, Ferchurch Street, cotton menu factun:r. Sul. Mr. AVilliams, Fenc..tireli Street. R. Wilson, Clement's Lane, Lombard Street, broker. Sol. Mr. Gellibrand, Austinfriars. T. Willcox, Holborn, umbrella and clock maker. Sol. Mr. James, Buckler:bury. tqg J. Oakes, King's Arms Buildings, Cornhill, commission broker. Sol. Mr. Heaven, New Boswell Court. H. Nines, Provost Street, City Road, merchant. Sols. Mesas. !turd and Johnson, Temple. DIVIDENDS. November Yl, G. Taylor end C. Jarman, Fenchurch Street. sail cloth merchants-21, C. Hepburn, Commercial 1i0,,d, Middlesex, surgeon -21, T. and R. Wood, and W. Trotigliton. Smithiani !toucan, Surrey. common brewers-21, M Lych. Church Street, Spital fields, silk manufacturer—Xi, P. IL Dela' niece. Rumford, Essex, auctioneer —Y:1, R. Kerry, Iltieklersbury. warehouseman-7. E. Ford, Lime Street, wine merchant-- 11 . J. Bewsan, Old Cavendish Street, Cavendish Square. wine met chant—l I. J. Cummings, Osborne Sweet. Whitechapel , brew er . —2l, D. Bishop. Great Surrey Street, Blackfriars Road, (Owl surer-4, W. Amide, Ryarsh. Kent, farmer-11. A. Golurra. Gnat Winchester Street, inerchant-•-k5, J. Gibsor , an d J. Iris. 1 -,«.-