The National Register. — London, England, 1820-10-30 00:00:00

Us • -. .. '~- -•~+is. rated in the wayward indolgsoce of his tam plevourcs anti his own passions. Now, toy Lords. how envoi I tneo ? 1.1 W... tit"! • • M:01 ill the world who ii so hold as to come halle . your Lord shists, arid att. he has 0.111• C 01' sh has iiries to be rettreosed, under statti eiretioi .:::..es! But ulthouah lamp ere in many repcets ahovc the 1.. as of man, who dare ittiptoas y affirm Mat i.. i • above the lanes of Gast I Is there one theme law f Kings, and another for man ? Ate the vows of the Altar to be binding on the peasant, and to he violated with it:wrothy by the Prince? Is there one God for the poor individual, tate divine law fur him, end soother for the t•ceptred monarch ! What was the übj ct el tl.e sacred contract of marriage, but the happiness of the individual s ? But where, my Lords, shall I look for the joipianao of the illusttious accused—where 411411 I find one ti see of comairt, Suring the wool: of her married life! Snail I look to 1805? Shall I looh to 1815? or to the time when the inter • course between the mother and the snail was fisrbulden ? Shall I look to the time when that mother wa, exiled flout her country and friends, and when the spirit of persecraion Wool:tiller every step I I know, n:y Lords, that tile agitation of thi; sulaiset shakes the Crown, and the dignity of di' Nloaarchy ; but it is in the faithful discharge of a solemn duty that I have been com pelled ti advert to these painful circumstances; and I have dune it with all the delicacy I have been able. It is hardly possible to shew the diffhrence between his ease rind the proceedings in the ordinary Courts. But what should we say of a husband, insensi ble to his own dishonour—Lila nusband offeting tiny thousand pounds a year. not to restrain his wile from an adult:nuns hoer coarse which he believed tfille aas carry Mg on, but to permit its eauestraioed iaditigenee ? What would we say ui an inetivoloat coming to claim justice who had said to his wite, "Go thy way." not in thelanguage of the iletleemer, quoted by my frieua„ Mr. Denman, "Go woo and sin no more," bid "Go—bid/age tho et int btu, itarsion.retel o, cll the pleasuresefodaltcrons idtereont sr, and pa shad be furnished with the hlcldi ample watts !" I sin happy, toy Lonls, to be able to say, that I shall not be under the necessity of introducing another topic. It ha; been considered, by my Learned Friends, unnecessary to say tune word in recrimination. This House, my Lords, has the power to press this Bill,; but, unless you are prepared to violate the laws of God and man—unless the Bench, willth farms part of the Con • stitution, is prepared to abandon the tenets ef the Caispel-- ) le t cannot, and you shall not, pronounce for the divorce. Benne I enter upon the short exathinatien of the evidence, which it is may intention to pursue, permit me to say a few words as to the principles by which you are bound to be directed in your judg ment upon this case. It is not to n.sk you to acquit the defendant upon a pint of law, that I address you upon this point, but to prevent those of your Lordships who arc not conversant with that way of considering thecase, from being misled by the Learhstl Counsel for the BilL The Solicitor General, in his summing up, quoted the decision of the Learned Judge of the Consissory Court. in the can of Loveden against Parker. Now, though to the talent—the matchless talent—of my Learned Friend, no man bows with greater deferenoe than 1, yet I am surprhad that he has extracted a principle from a particular part of that case, and applied it as a general principle." Here Dr. LUSHINGTON read tile passage quoted from Sir Wm. Scott's decision, by the Soheitor-General. It stated, that it was not memory to prove the direct fact of adultery—a thing, in most cases impossible. It is sufficient to have incidental cireum• stances, leading to a conclusion of guilt, not to a rash conclusion. " IVhat !" said Dr. 1.1:91IINGTON, " Do you think, by the situation in which Sir Win, Scott was placed, when he delivered this opinion. The case was under dissuasion and arvinent.— Ile said tnis " Here are acts of indecent familiarity proved by witnesses above all excostion. Here are intercepted letters front Mrs. Loveden to Mt. Parker, ofsuch a nature and charaeter as • many a woman who would enter into a brothel would be ashamed to mention. I should not read those letters, but they contain the most positive evidence that the fact 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 moved that he has passed the night in Mrs. Loveden's chamber. In another case, that of Mortimer v. :Mortimer, on the 11th of July, iteedi. the Learned Judge insisted, when die Counael were on the point of giving up re idea of arguing, ui on hearing the ar gument—and it fell to my lot to argue upon the case—although convinced of the guilt of the woman, the Learned Judge ordered additional evidence ; fur, said he, • I may have a form] convic tion of her guilt; but, no judicial prone.'—" But, (continual Doctor Ludtingions " I ant not to be supposed to ask thr your verdict because there is no legal proof, but because theme is no roof which could in any cast: inflaence a person of integrity, judgment, and diligence, to suppose that theme was the sligatest foundation for those charges. The case, as I understand it, is this it—llece is an ample opportunity—here arc circumstances coupled with the opportunity, whirls lead to a demonstration of guile. Now that the opportunity of committing adultery should be considered as a proof of it, there is not one at your Lordship, so ignorant as to allow. I admit that if there were evident fend. halides of an indecent nature existing between the parues, od that opportunities of guilty enjoyment were sought sate, woald be unnecessary to go any frther, but the circuits. stances must be in the same degree of certainty as the oppor tunities. HI were arguing this as an ordinary case, I'll tell you how I should treat it. I should shew you Dumont, and Sacchi, and Rastelli to be perjured ; and then, if you would not stop me befo'e the end of my argument, I sheath" throw up my brief. %%That ! when I had proved that the four principal wit- Leases against my client were perjured; to permit me to proceed. Gracious God• where can be the security to life, and character, and property ? If, when !slim you, that one, two, three, to and five of the charges are supported by perjured witnesses, are you to say, • Unless you prove the 6th and oth to he f.tlae upon the sonic grounds. I shall deliver a verdict of Guilty ' It is the order of Donne Providence that we are entailed to detect tool conspiracies, by brinng to light circutuaancts which move the perjury of those who sopport the charges; but that Power has limited the means of elucidating the truth, and has not permitted its to follow it buy mutt time bounas of necks a ty. The plaintiff in an action is bound to coabitsli his case upori the most indisputalmo evidence; much more is it incurnhent upon the man who aims at taking away the lice or character, to fix the guilt by unsus pected testimony. lie should say, •• 'rhos far will I go, tett no farther ;" not unit •• you, the v i c t i m o f m y revenge , s h a ll at least go with a stain ii s on ost, which nothing can efface ! " Dr. Isusitin la (ON CUIIIIIIUtAI : My Lords, let us in the first place inquire what was the conduce of the Queen towards Berganii ? 'inc Attorney Genera] told your Lordships that i.e wt ud shew that she was so 11 , t1Cli Untie(' time 100 Mer of this domi neering version, that ha will nail pleastoe v.cic her's, and that there vas such a CUI1311U1111iiltC(1 1.1111143T0' bCt WLell i itu.t its could only be accounted tut by the Inst faaours Laving been couterred. Now, my Lords, I um dertake to demonstrate by die evidence pito duced, that no ate h tamiliarity, no such Int:wavy exited; that there was no want of proper respet t in the one towards tic. other— no want of a lei an, of the decencies of ordinal y life. I ant sure your Lotilgigo %stood feel that I did not do my duty, alter making bio&Mto assertion, it I aid not point out the CVidellC4 on which it is ground:ll;l'ml t , y wlash, I say, it is indisputably hroveiL First, then,lo) Lords, let::, Idea to the proofed th. Queeu sathetsaries; let us ate %rum it is; ana how it deser . es to be looked air Fore most you have that memorable witness Majucci, and what does ha swear? Th-t • Bergaini had more autaurity man the utter Lopintos , . of Elm homeholtd—that there was ' rather a fam iliarity twega her Royal Iliglinias and Bergatoi.' Good God ! sty Lord , . what a phrase atter such an opening of the case,--there was • rather a familiarity' between Meal! What a phrase fl ow chosen a hoot one a .10 WY been 60 ntintietat to da. t,46!r om rtaniag I.ts Royal Mistress; from ane :,was I 11:Uy •%:si unc e,.re o; the prasecotion ! Ward as answer w hive, wilts,w e oun..der 1110f..)Vut UM. my Learned Rtienu tare SolicitursGentral put 411 hu quetasns so ingdrioasly. than tare witatas scald ors r . TILT; NATIONAL REGIsTra. instance help under:lauding fully how much was expected from him, and how fa: he w•ha hired to go. Vier ail this. what t stun total of cviJence—.• Them was rather a fault! laity between them I' We coiou neat, my Lords. to the evidence of litd.mtoiselle Duanont. Site sr...s that, On ime toey yule • vecy familiar; and that, un anotihr, 51:e • made uo uuserca loos' AltholtA!l your Lori Whips will perhaps agtee with me, two it ever there yes a wisac.4 mere &tel.' et more ilisiarsed to oLserve anything which might operate hi the prijialice of ice M.- j esty. it was this woman. lit tact, lily Lords. except m the evidence 0/ the two nasson..., who were ;t the Foils at'Este, most adanirahle jut ,cs truly of the conduct which a Queen ought to °heave towatik her Chamberlain, and who aweni no noire than thu. they wh.lad togettict, 'Mc two friends, like im•band and wife, your Lordships will not Maul in the whole body of the evi dence, one single assertion of taus existing frouiliahty. Rut, my Lords, let us now turn to the other side of the evidence. I have to present to your Lordships twelve watueses, ',liaise testimony goes not only over Cie whole period of die imputed t itarges of cri minality, but extends to the tittle °lnc: last departure from ttinne. 1 will make. my Lords, no comparisons; 1 wall not so far dish°. j nom the respectable names I gal about to quote, as to compare their credibility with that of the witnesses Mr the prosecution. —The Learneu.Gentletnan now took a review of the honourable testimony to the conduct of her . .Majezty. (its positive' contratlie ' tioa of the Italian rermiu) which h a d beer, borne by the noble and respectable witnesses who had been examined in her h.-half; and afterwards proceeded to point out numberless insta n ces in which the wi.nesses 'had been gunty of unquestionable perjury, and in allusion to the Conmaission Ur. I. said, Gracious God ! what eottlitlence could be placed in such evidence Hasielli and Saechi were employed by the Commission. and the inference to be drawn wais, Mat the Commission were only active in getting evidence in support of the foul charges again a. his Royal : Mistress, and totally regholless of all evidence in her lavour. The wraith who were employed had no character to lose. They had nothing to feu. and eray inducement to the thing they were paid ta du. They had every hope of reward instead of punishment if this succeeded. The persons accused of the crhne of subornation, were Col. Blown, Vilmacarti, Itiganti, and ftestelli, and those, the permits who could prove or disprove the charge . are not ffiricoming. Much industry hod been used to get up the ca-e against the Queen, huh if ha that industry had been exerted bow; fide, it would have saved their Lordships trouble, the country from incalculable connusion, and the public expense. At the end of this ease, I 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 fur an acquittal. I appeal not to your mercy, but your justice. As soon as Dr. Lusitington had concluded his very able speech, Earl G LEY withdrew the notice of a motion he had made for producing the depositions made before the Milan Couimission, as he only wanted to see the testimony of Dumont and Beech, but he was now satisfied, and wished to heat no more of them.— (Ilear, hear, hear.) Adjourned at twenty minutes past slime. TWEN TI.SLCOND DAY OF TILE DEFENCE. ralnav, ocr. 27. Their Lordships appeared thho mori.ing in most .•scellent Si/ , 116. with the exception of tore or tau who seemed to he ma well. A great deal of cora et sawn' was carried on in the Douse, and the new ladvers acre in very general use. The LUaD CHANCELLOR. took his seat at the usual hour, but a very Wog pause took place after the Clerk had coiled over tar names, doting which, those below the Her were employed iti cuojecturing favourably to the popular side of the question. At Imlf-past ten Counsel were called in, and The ATTORNEY•GEtiChaL immediately commenced his fleplv, ill neatly the follow tug words:— " My Lords,—The defence of her Majesty being now closed, it ogle. , more becomes my duty to address you upon the part of the prosecution. The vast importance of the case, the anxious and universal interest which is kits cat tied, ould its theinse:ves besultioh.int to cuticle me to t lie hotel geoce of your Lordship., independently attic fact that no Advocate ever stool more in need of that indulgence; hut my Lords, it is not because I am oppres-ed by tile difficulty of the undt making, that L now claim more Ciao fritillary otoiaeintinn, but b•scause your Lot dslrips have been long uccup«l in this painful investi.oti aaaa . 111111 my Learned F,ieuils have beeo em,M.)ed the fast three day in address ing your feeliug,s on a sanject which has tiara heroine stale. 1 caninat, my Lords, Lot tee, under these circumstances, that the great Irugthi of tile &nervations made by or Lea rued Friends, a ill place me under the necessity of inaking a luiger dennand upon your tint'• than I should otherwise request. Before I proceed to take notice of the evideoce, shall 'Myer t to a topic a hick has ufforded much opportunity for declamation, but which has been wholly unsupported.— I mean the topic of the peculiar &tads:tillages under which her Alajesty is said to have labourtd, Ali the is 'Messrs on the part of the ptoscrittiins were examined—all the charges were made known to her Majesty, nand your Lordships per mitted the ease to slut& still sit the t lose of the evidence against her, and gave bee the tone site demanded; unlimited fraud , , and all the facilities a lii 11 colt d be granted um!' r iiculaisteticts. I tru , t, mr Lords, Clot tins larva ederit n ill nut, in future lie art. d u,ara. Notiiii:g can be more tins than, ;air, the lose of it ease, to “Illord dent to maw. r the char;es, awl lime mean hat it ha. 'ohm mho lei d upon the pia t of her M.jestj's Counsel it as wu t easy to pro cure the essi-tunce lit petjtry in the loose or the actah.ed.— If time and inoiwy were likely to be (Magma its I..militig to a cause toe benefit lit corrupt evidence, her Majesty hot no right to rnlupluin ; for unlimited time arid a epic Mtg. were HUM deo, and her Majesty went into her defence under circuitotances of the most powerful advantage, not only foam this t xtraordmary iuduh,cncr , but Ilium the Zral and and great b.lities of her Counsel. 1 have out the purer In .1111)1,11 to the titSsiol.ll 01 your larrilshtr, or to excite your rCi..lllgb hiptiot lbw IL11,11" (I'4, deleodiea, n, Utter Is such it course that to which my biclinalson teed, 'To wink of these feelings has been the employ meta of my Leal clef Fromds, who nave enrienNl their a ppeois to your Lot itsitil: 'potations ittid 11111Sirall•11 , 1 from the might, stores of antiqoity and the rctirwri sources of midern literature.— They lint e uvoilcd theilisrisit of all that thus prtschted itself, is ado lis oic• it falls to e vainiue, coolly and d.spas .iunUclh, the ev Meath* and the facts—ais emplo)mebt to which I know your toodships will participate wish me, tilimit repitit to the triples is Inch have been so eloquently but 63 irre,zelm ly i•drodueed. The Learmal tientleituar now C. 111111 , 1. C. d , aunt we suppose lie would call, it refutation of tau inzinia•mis rascal try ha r AlojeO's Counsel, turd woacut u sinzl, that of alitoahty, ,:c.:111,, air abdity, continued to addles, a‘e lint's"• tall tb.t . &cau', at w Itich hour. The Allot rlt• tirtieial, on the sts:tgeslioo of thy Lord Clial.ct lior, Wit , WI OA: puint of wulwlrwiud for lidlt . dal 114:1 hour, %%1,, MI. DLN;AN said, Iw. Learned Fl :rad Mr. Brougham vpi y import:sot t.uttiniunir4ticts to ou.ke to thr.r :hod, that lot Ihtil iu Ike house , lie uott:J ual, nti ,v otpi....tr at Ole Intr. Mr. 81:01G1dA311—" My 141101., white hia Maje.ty•s At b4S bCIPiI adds( griog )01.1 thilt morning, and has stated we have proved nothing against Ompleda, I at that very 111011Iellt Wag II Li its p.•ssctsiott of' some vastly importriit doeniociits. I have, my L or d s , received letters from this (),opteda, proving hi n iu cor respondence with the 141%11111s of the household of her In seduce the servants, and e I rise ..•slim my agrit.•t her 14));it !Ugliness; these insom Lint letteis, uty I. ItIM , ore in the hand % ritin..t of Dumont, mid addressed In MAriette Diimunt, then 1111 ser vire or her It-•val hfiglines 4." The AT rOn -GEN E.:A, in;elruptrd, when Ti,.' Eatl of I.IVEIWOULsaid, IIIAt Iltis was certainly not the stage ef proecedings on which the letteis could he received by their Lou ilsliips, Mr. 'Notions st raid, that if he had not made the eons 1111111irs 51'pli to their Lordships the moment he was in 1106- Arto.ioll of the doinimeois, he conceived lie should nut have done his duty to their Lordships aer to his indus trious Client. Lord lIOLLAND-ss“ Whatever pso2erilitsgs the Ifetise may afterwards adopt on this imporlant hithject, I tlsiuk this is not she time; tint no bigme attache, to the Learned Counsel, Mr. Brom:ham." Lord LIVERPOOL did not blame Mr. Brougham. but otity said this was not the proper time. The Marquis of LANSDOWN was of tiresome opinion as his bsid Lord DONOCOLIMORE doubled whether, when the evidence was closed on boils sides, this new evidence could he admitted. Ile considered the application of Mr. I)rongk.•m as all on their Lordships. The LO.,11) CHANCELLOR moved, that Counsel should ; and then lamed, that it %could be for the fit too e rcusiileratiwi of their Lordships whether this evidence could he v,ltiiiited. Tile ATTORNCYCLNENAL 001 V ITSUMed, and proceeded in thematic strain:l: before moitil after some allusion to the• evidence of Gan ingtoo, a hid,, he said, h,J been completely destro) ed by that of Sir John Berestm d, who had. he said, hectic died by a Noble Loud to give a character of the on. , s, contrary to all pt cc cdcol. Earl GItEY rose onmediatrly, and having moved that Counsel uu withdraw, observed, that he did not call Sir John Heresford to coutirut Carrington. That Wllllebt, iu thr course of his eximiaatiou, inet.tianed the name of Sir John Brresford, and he thought it prowr that the House should have the evideuee of Sir John lirretiford, as 10 tlle fact stated. It was only to elicit truth that he called Sir John Itcresford. The Noir:e Earl thought it accessary to say so much, as he could not hear improper motives imputed to hint, ait bout em reeling an aspersion which lie felt to he totally unfouvded. The ATTORNEY-GENTRAL said, be was merely stating to their Lordships, that Sir Jolla gen:slued aLs called to elucidate his objection to the evident cof CAl6'loo'l. lie bad not the least intenti to throw aspersiun on any human being. lie tech contended that Mujocti was more entitled to credit than Carrington. At four o'clock the Home adj.nirled. TWENTY-THUM DAY OF VIE DI:FENCE. SATURUAY, OCT. gel. Counsel were cal!ed in at the usual time this morning.— The Attorney-G:neral resumed his speech. and continued to speak till two o'clock. The Souctroa-GENErtar. then immediately followed, and ptoceeded till near four o'clock with comments on the evi dence, and contended, to every rational man, a case of adultery was made out. About four o'clock he observed, thAt though he felt unwilling to Lke up more of their Lordship's time, he felt it necessary to make a few more observations. The Earl of LIVERPOOL suggested an adjournment, as the Learned Gentleman had been evidently labouring under Earl GREY hoped that though the House met agnin for a short time on Monday, the time fixed for the second reading should not be delayett. 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 a journ to Thursday, and then to di,,cuss the second reading ache Bill. i t Mr. If not;GtuM, before the house adjourned, observed, that It had been insinuated by Solicitor-Geaeral, that he (Mr. IL) ad been in the ross , :ssion of the letters of Ouiptctla sometime before he had produced them. He (\I r. D.) now stated positively that the person who brought those letters to England only reached London on Thursday night at half.past eleven o'clock, and that lic (Mr. IS.) had not been put in possession of them till about the same tune yesterday morning. Tire SOLLGITOR GEN unan said, he was, of course, acqui esced in whatever his Learned Friend asserted on tinr subject.— Adjourned to Monday. FROM SATURDAY NIG111"S G.IZET7R. BANKRU? rs. ...... W. I'auldcn, Nfacclolield, linen draper. Solicitor, Mr. Sher win, Great James Street, Bedford Bow. S. Scuir, Dune-as:cr. York, linen and woollen draper. Sol. Mr. King, Cis,tle Street, Holborn. S. Drtnkwatcr, Liverpool, timber merchant. Sols. I%fee , srs. Blackstoek and lionce, Temple. 11. Cooper, Threadneedle Street, merchant. Sols. Messrs. Courteen imd Robinson, NValhook. J. Leigh, Upper Thanies Street, coal merchant. Sol. N!r. Barter, Ftimivat's Inn, Holborn. J. Spence, Princes Street, Westminster, corn dealer. SA. Mr. Young, Marsham Street, Westminster. D. I'. Hunt, Snetterton, Norio's, miller. Sol. Mr. Wright, Temple. T. Hirst. Huddersfield, York, cloth dresser. Sol. Mr. Battyc, Chancery Lane. .1. Wilson, jun. Batley, York, merchant. Sol. Mr. Battyc, Chancery Lane. A.Steplunson, Ingram Court, Fenchurch Street, cotton menu. favorer. Sol. \lr. Williams, Fenchurch Street. It. Wilson, Clement's Lane, Lombard Street, broker. Sol. Mr. Gcllibrand, Austinfriars. T. Willcox, Holborn, umbrella and clock maker. Sol. Mr. James, Bucklersbury. J. ()tikes, King's Arms Buildimls, Comilla, commission broker. Sol. Mr. Beavan. New Boswell Court. 11. Nlitas, Picrmst Street, City Road, merchant. Sols. Messrs. Hurd and Julimon, Temple. DIN InENns. November 21, G. Taylor and G. Jarunr.n, Fenchurch Street, rail clocit nitieliants-21, C. Iltpl,u , n, Cmunicrchd Bond, Middlesex, surgeon-11, T. and R. Food, and W. Troughton, Siiiithiani Bottom, Surrey, common brewers-21, M Lynch, Church Street, Spitaltields, silk manufacturer—Vl, P. 11. Dell" mere, Ituri!ford, Essex, ;.lictioneer—V2, R. Kerry, Buekler-bu!y , warehousemen-7. E. Ford, Lime Street, wiuc merchant—'=l. J. Beason. (Old Cavendish Sir et, Caveticli.h Square. chant -11, J. Cuititaiim,s, thiroine Street. Whit:chapel, bre% —2l, U. 111 . ,;:op, Great Surrey Street, illaehrinrs Road, unite!. s,.erer-4, W. Wattle. Ilyarsh, Kent, farmer-11. A. Gumpertz, G: rat Winchester Street, merchant-25, J. Gibson and J. rta- 1_