The Statesman. — London, England, 1820-09-02 00:00:00

I ..rta.el were they called in. and ittf..rmed by Ti.' Lost') tti Olt•Yl.i.ult. that the 'lease directed him to inform thetu, that in their r, - 4.,4 . !tsttnination they would not be Allowed to put any tittc,tion to any fart which h.sti n.tt previert4ly appeared in eel deuce. lie was further direced to inf-rte thi m. that they could ask no questions wi to a letter %%Mel, t h e y had nut 'hews to the witnrs not (*untd they be al- I •oeti to examine as to the content-. of that letter wi•Lout %besting the whole of It, and that the %%lines, I ad admitted it to be her writittL-. - 7 - The setetaf letters of the tritnefo, to her as a':uvernentioned, *ere then stieee‘sitely %,...un to hey, nrd .he answered the queationg put t.. her [everting ti.ern as follows: Is that your hand-writinz ?—Yes. 1,..0k at the next side and say if it be par hand tr:•it'elt ?•-•••Yr%. Nrd the next ?—Ye:. F'.% en t) the end Ard the address 'r—yei. Ti.e name ?-1 . e%. The date Ara the whole of the letter ?—Ye.. Mr. %% H.t.t.tml. was about to put furlier questions, wl.4a AreonNet-GENERAL ailietl If the question was to and• of the contents of thes letters, en.l I,o:n i r answered in the affirmative, he appealed to the 11 whether the course which the Learned lieetle rl in was about t' pursue, teat a rorr.•i•t The Lon D ensxrettost observed, that one of the first principles of Law was, that if the contents o f the letter were proved, the contents wrie r% id. 131 1 ' of lhrw selvee. And as the letter in this instance h.nl been proved, there mild be no occa•ion for makiii:r it• co.:tessts farther subject of ey(A. kk ll ation. Sir. llama ms craved the indulgenre of the House to permit him to explain, with respect ts, tin. strange objection. If hr understood the matter of rie lit, there itever was a more important question, as it afferteil the irtereets of justii e throughout the whole asintrv, brio,. their Lordships or any other tribunal in Vie kings! . And h•ovever he might he in clined to submit to the authority of the Leatned Loch on the Woolsack, he should feel ashamed of himself, if he did not, on the present o c• ca•iuts, fearlessly and openly state what he consci eftonsly thought on the subject. It was the (-osmim I.:active to adduce written authority, if lily there ow-, •r in objection or. a point of prartice ; but, a s hi. L-urned Friend had not quoted any authority in the t...91 . 9ce of his stati !mint, be must conclude, that there was none to quote. lie lutist, therefore, remind their L riships of what was the role recognized in all Courts of law on this point. And he could fearlessly state, tl.at on no mitt ahalrter were written 'locum, nts ad sn!tred as evidence. except on the party interested brio; able able to .hew that such documents contained a eattradirtion of what the winless in another manner ata•eil. No letter could be taken as evide nor what was said to any person in any one place, except in arison and toutradh'tion of what was said in arrt.her place, or to another person. He could sate plainly to their Lordships what was the law on this point, seek as he hail himself pri:tissl, known and suffered it. How r ealil the erctiadiction be made ant unless by shelving that the witness denied what she had written, The witness matt. in fact, nut only be proved to have written the letter, but to have denied what she or he had so writ ten. Of the importance of this poi n t he would be ex cnsetl in saying a 4 hild might judge ; and it was as fresh in his recollection as though it had happened only the other day, that a question of this kind a rose before a Jake, who be might say, without fear of of ending, Ma , exceeded by none in the knowledge of the Law of England. lie remembered pettedly that lie hail a wit: es• called against I • to prove a certain fart, in contradiction ill abide fart, hr pos•esseil a letter, written toy the said witness. The examivation sod eross-examination was allowed to pass without q testioning this witness as to the contents of the letter, and when after this he produced the letter as idence against the witness. Mr. SCARILE*I r objected, saying with a taunt which he acutely telt, that lie had allowed the only time that hr could have made the instrument evileure, and must therefore suffer for the art of folly which he had so imprudently and illegally row:titled. He did suffer in consequence, for Mr. Baron Wood ruled against him. He concludes', by declaring, that by the help of what little share of l'OllllllU3 sense Le had, "so help we, God, I cannot twe the ground for the objection argued in the present. ease." Mr. Baiscattau followed on the same side. Ile curiured their Lorilsbips to reflect, that the rule whirls was now about to be made was one which would cat only affect the whole proceeding in this matter it the High Court of parliament, but would extend Von it down the moat humble tribunal in the country. The law of evidence on this point Was most clear and unequivocal, and explaining in favour o f the argument of his Learned Friend nil,. had gone before him. And if the rifle. WAS not exactly as it was, it would happtet that a man might have the whistle of the letters that he ever wrote in his brought against him in a suit. If their Lordships icided for this rule they would only place au aildi t;snal sharkle oa them, and send them forth tied round C!eir necks, to sink them in every Court of Justice in the kingdom. Their Midis.% would 'then he the pro perty of their Lordships, their reason would remain unconvinced 'the Avroastev-fimitAt. admitted the law of evi dence to he as stated by his two Learned Friends on the other side; hot could not see how it affected the present ease otherwise than he had represented. lie contended that it was nut proper to go into parole evi dence upon this letter, which they could be allowed in produce as evidence at any period of the pro ceedings. After a few remarks from Lord Besaisce, which, we regret we could not hear, the opinions of the Learned Judges were taken, and Counsel being called in, The Loan C,IANCCLLOR read the opinions to tl►ern is follows, That with respect to the first point, their Lord ships thought that the letter should be produced, nod speak for itself, and they moreover had to Worm the Unease, that this law was as old as the common law of england. ; With respect t% Ake !teconol, point, Abq thou; bt, that the letter should be mid- after .oi-l'ounsel had opened his rase ; bnt that if they sboeld be' oft proslncing sufficient reason to depart front this course, it should be suhject to its being consider ed a part of their evidence. [Hero Air. linos:not proiliii•ed a case, where a let ter had been produceif on a troAs-exasoination, pre ritiivi to Counsel's opening- his ease, aatl contended from !his precedent tlift lie foul a 6211 to 41 the Sal,.] After Nome obserratisons f the iN( roam:, the witness WAS again railed in, and Mr. W. resumed his cress-examination. I think you hare said you are thirteen month% in England k—Yes. Are you any more than that \bout that time. Who roux - with von did nut ex3rtly hear this menti tttt name, of two fe male% and two Mr. N'.--Then t'•inr "mite ron.i,oted of two male' and two , I , lll , ies?--l'hey were nut in nn• suite, they were iu diitrrent rerriages. Pray did you live at rout. ow•n lo now toefore you tame here ?—V es. At your own home ?—Yes. Not at service'?—Nn, at home. Have you finally arranged what von are to receive for your evidence here ?--1 hey have protuiwil kale nothing. Have you not asked for any thine, nnr asked a pro ot anv helm. you vaunt• here:—No. Nur any thin] else. I have only demanded the ex peuue of my 5ny.1!:.... Will you swear you expect nuthini: for coming her.• Xothin_. rputi your oath, you expert no Full% mar benefit, nor u nu•y, fur emtting here expert nu money, only any rxiwilees. And Ilia. is all she experts 7--That is all, And all she belie% es slfe will rrreivr 7--That is all. Yon fol.! ne• v.nt were not at service since you left the l'tince—: Is tlta! trot. ?--lie• Ilere it waN propuced to read the letters. but in elltliii°llllvllre of the latene.i of the hour the House ad journed at :110.1:1,11.1. • • THE AITAMAN. !lon were sworn only—tell us when that was ? About a month ago. By whom were you sworn?-1-By a Magistrate. naive?-lllia don't know. Come tell us when pan we re sworn—what Magistrate —ln the Horse of Mr. Powell. On the subject of the evidence you have given before their Lordships ?—l'es. Then it seems that there was an examination in writ ing ?—I have seen your paper. You mean your deposition—the same paper that you signed at Milan don't know. I think it was. Did you sign the paper on that omasion ?—No. Did von hear it read ?—No. But you saw it:—Yes. And that paper contained the evidence you have given It ere ?—lee. And to that you were sworn by this Magistrate?— Yes. Was Mr. Powell the gentleman who examined you in Italy ?—Ves. Did Mr. Powell examine you in England at any time? —No. Ilas he seen you in England F.—Yes. Often ?--No. Let us define often, a dozen times, perhaps!—More. Very well '.—twenty times probably can't say how often. Pray were these visits of Mr. Powell about your evi dence ?—No. Then you never spoke on this subject ?—1 can't say that he said nothing about it because I don't recollect. When you was sworn, you was sworn, of course, upon a hook ?-1m In short you were regularly sworn c—l kissed the book as I have kissed it here. Exactly so. You were acorn to tell the truth ?—Yes. Mr. linoce.usse now rose and stated, that in this stage of the proceedings he bad to complain of that which he considered a Moellering with the witness, and an outrageous perversion of justice, if not - high contempt of the privileges of that Honse. His ols jection on this head did not go to the credit of the wit" ne,s, but it scent to the destruction of her evidence alto gether. It appeared that, at least, in contemplation of these proceedings, if nut, indeed, after their com mencement, that a person, engaged officially for the sup. port of this Bill, !sad had the presumption to take one of the witnesses to his own house ; and, in the absence of the accused, and of the Counsel fur the accused, to admi nister on oath, an c. -parte oath to her, upon the subject of the very evidence she bail given in that House. The con science of the witness had been shackled (if he might use such a phrase), and she came to that House with that private ggled ex-parte deposition in her mind, to which. for the sake of consistency, she would fed her . self compelled to adhere. lie hail nothing further to ' say on the subject : he had done his duty in bringing it nod, r their Lordship's notice, and he doubted not they would deal with such conduct in the proper manner. Mr. Ww.s.tams.—With pee. lissiotrof the Ilonse I will now pot in two Letters to be read. A desultory conversation ensues! as to the most ad visable course to be pursued, in order that the Interpre ter for the Crown, and the luterpreter fur the Queen, should muttialiy check each other, %hernia any inaccu racy occur in reading the Letters in English, after they lead been read in French. It was at length determined that while one Interpreter was reading the Letter in • English, the other slionlii he provided with a copy, and follow him in the perusal of it ; and that he should make any observations he thought proper, should be detect any inaccuracy in the translation. A letter dated Sth February, 1414, and signed Louisa Dumont, was then read by the Interpreter, first in French and then in English. 'flee extresae lentgile of this letter will pre our giving a rerlartio• report of it : and as a conside rable part of it has no reference to the conduct of the Quern, it would scarcely repay onr readers for their trouble of reading it. At occupied we believe five sheets of paper, written in a very small and close hand. It described in the most glowing terms, and in very eloquent language, the extreme goodness and Many vir tues of her Royal Highness ; lamented very pathetically the misery she endured in having o ff ended her, and en treated her sister to use any influence she might have with the Prioress, in per:nailing her to restore her to leer gracious favour. 11 find ! (she exclaims) could she read my heart, coedit she hot inhagi;.e the overwhelming anxiety I experience in consequence of having offended her by my rash imprudence, I think her heart would be softened, and pardon might he the result. Iler sister. she oleserres, most be too well acquainted with the world, not to know that persons of finality have been constantly eperstioning her oil!. respect to the conduct of leer Royal Highness ; in answer to such enquiries, she says that site always vituperated the many virtues of her Re . fyal she describes the curiosity of the English at han som., to peruse her little journal, in which the generous confinet of the Princess, and her many virtues are dose ampla justice to. " 1 am conscious, (she continues,) that why fine eyes have um. atom. been the WM` of all the attention that has been paid to me. Tou will be este nighetlony dear sister, to learn that an unknown person while at nee aunt's. presented to tug a letter,. requiring me to set off for London, under the pretence of being a governess, and saving that I might draw for money to any ;summit I liked. They thought to find me revenge ful., hat am. 'Money pietist at the expenee of my fluty, could never lead to tranyeillity or ease. Pray, my dear sister, throw sue at the feet °neer Royal Highness, and do not fail to assure her of the profound respect I enter tain for her, and the poignaut regret I feel from having r offended her. Tell me, I beg, have I any hope of pardon ; to oh. tails it no sacrifice will be too great, life itself would he citeeply purchased." Her letter concludes with n►any directions to her sister, advising her to economise, and nut to be imprudent in any respect. The second letter addressed to her Royal Highness, is dated Rimini, Nov. If, 1817. 1e this letter she implorer her Royal fli(h►aese u her blew to parties her, sad to restore her to leer fisoottr. She entreats for pity and forgiveness, which alone, she says, ean resale her frost a life of overwhelming tor ment. " I Implore (she cotetinues) that your Royal Rightism will Ikon" those tee fatal letten in your poe. *resists, which are constantly reminding you of my fault. Leto, yen know, is blind; haw easy have Men named by k! I most, humbly bog to recourowsol .0.- THE QUEEN. STA TVCII.IN•OFFIOE. TI/IS DA I', Two °Tim( s. Immediately after Prayer•, the Peers were called ore —The defaulters were Lords Koss and Suffield. The Luau CUASEILLIAit then alfresco-4 the !louse, and referring to the case of the Ihtchess of Kingston, which had been cited yesterday by the (Incest's Counsel, he assured their Lordships that he had looked into the rase with great attention, and from the hest con struction which he entail give it, he was clearly of opinion that it was not in point wills the in quiry now before the House. His horaship then proceeded to read the case at considerable length hut the only part of it which appeared applicable was, that part which referred to the contradiction of a wit less against the Duchess, who swore her husband bad never been discharged f tae !hike of Kingston. The contradiction of this statement consisted of a letter wt Ines% by the witness herself to the Duke, emplacing hint to restore her husband to his service. It slid not appear la so ever, that the letter hail been received in es idenre, and, indeed, there was th e eas e. His Lordship roncluded Isy mot iug that the Counsel should be called in, and that the Queen's Coun sel should then he informed that the Douse considered that the case of the Duchess of Kingston was not in point. !And ER .4 IN F. rose to express his articled concurrence with the opinion which bad yesterday been given by the Judges. His Lordship felt as, satisfied on tills heal that he declared, if he had been Counsel in any Court below, atoll any Judge bud decided to the contrary of that o pi n i on ; h e , (L o rd E..) would !lase tendered a Bill of Exceptions to the opinion of that .lodge. Lord lir oysoaie also concurred in opinion with Lord Erskine. The Cosinsel were then called in, and the Lord Chan cellor informed the Queen's Counsel of the derision of their Lordships upon the cited rase of the Duchess of Norfolk. Mademoiselle Dumont was then called in, and her cross... x anti nal ion res 11111 l sl. By Mr. Witaaams.—Where did von go to when you left the service of the Princess ?--To Switzerland. To the I eof your father and mother I suppose?— ! have no father ; but I went to the house of toy another; Inv mother is married coraiii. Dow long did you remain there ?—.lbotit a year and a month. Where did you go from thence ?—To Milan. Very well. To he examined of course?—lves. Whece did yon gu from 31ilan ?—1 returned to Switzerland. Dow long dill yon remain there upon your return ? Nearly :1 months. Where .li.l you go then ?—I then Cattle to England. Who told you to go to Milan ?—.l Monsieur siarchi. Did you know him before ?.—Yes. liVioere did you know him before ?—lit the house of the Princess. Then he also had been in her men ice ?—Yes. Atol then was not in her service ?—Exactly so. And w 2 ,4 then in the ervire of the Milan Commission ? —I don't know that. I only know he came fur me. I don't know what was his employ. In what year did he take you to Milan ?—A year ago last year. H . ow long did you remain at Milan ?—Ahont !months. What did they give you for your journey to Milan ?-- Nothing but the expenses of my journey. After that jonrnev, then yon kept yourself?—Yes. And all the time, from the period of your leaving the service of the Princess up to your Milan jonruer?—Yes. And yon swear, then, that up to the present hone you have received nothing but your bare expences?—Nothing. Perhaps you have kept yourself here?—No : they have kept toe. You have had nothing but your keep ?—No. You told us yesterday, that you bad only bees n ausined once be . fore ?IL-Yes. You were several days under exand Aatioe at Mites ?--; Yes. Were those days in succession ?—Yea. • Now, will you venture to repeat that you hate not heen examined again. !lave yon never heen in England ?—1 bare been MOM only. I 11 4 111111 :: - ■r.ai •Ur wac••s was... sum., Unease, that this law was as old as the common law of . her t ela , m "7 1" 1 : • • • • • geogland. in inngiairi ..save been sworn only. I 11110:11110 I 1411 "P'• • . been examined. 1.• .... • .. • ..••• . . • "ow t o the grariews proteetion of our Rupt tov two Sistfra." She concludes by reuminiug, t " niost devoted Servant of her Royal Nighties., After the perusal of these letters the eross-examinafist was continued. Does the journal to whirl* you have allude,' in Tour letter, refer to the ss hole time you were with the rest SoLICITOR4IE3ERAL.-1 object to that question. TL, jonrnal will speak for itself. Mr. 11'11.1..1.5am—1 contend that the question is no; o'o - oc ion:1111e. ° Lone enaseet.bon.—(After some pause.) Th e H obe have no objection to the question being put. The question was repeated and the witness answers:. —lt did to the greatest part of the time. Who was that Madame yon mentioned in your letter? —A Soris, lady, living three leagues from my father ass mother. Any relation of your's ?—No. Was it while vim were at your anrt Clara's that on received an anonymous letter :-11 I am permitted I Bill explain that letter. Was it your aunt Clara's ?—1 do not recollect where. That is no Answer to my question. I ask you whether ao anonymous letter was not delivered to you whiten your aunt I'lara's ?—1 do not recollect whether it w a s at my alines or not. I did receive a letter, but not es. activ like that which you (the Interpreter) hove read Had you any proposal to go to London wish to explain that letter. Answer my question first, and then you may expl a i n as long as you like. I was sorry for that, because, my sister not having any fortune at home I begged liergatni would speak to the Princess to keep my sister; he said he would do so, butt advised me to write a letter ; because the Princess was enraged against her. I promised to do any thiagis my power that she might keep her place. I wrote to her slyeral times, I spoke most in favour of her Rent Unfitness, because I knew the letter would be inter cepted. About the Sallie time I wrote that letter was determined to leave Switzerland and come to England, hut I expected to be placed here as a ;over. ness ; hot fearing' her Royal Highness mien deny air sister, I wrote to her saying, I would provide for her here, I have often had questions put to me in conversation, and I always avoided giving any account of what took place in the house. Mr. WILLIAM.—Ask her has she given a full etplan• ation.—l hare "aid so to my sister, that I wished to pay the expences of my sister. Now ask her again and let her consider, had she and other explanation ? I wish by that to convince the Princess, that though I had questions pat tu we that money would not tempt me. THE CONSTI fUTION of TO-MORROW ell eoatain the whole of the PIIII.I.IIIENT‘RIi PRO CEEDINGS up to Saturday night iaeluslve. The Eiidenee will be arranged by a Professional Giddiest' In the form observed In the Courts of Law. SO that not a Angle inaterisl expreion will be lost ; while those word► which are oat nere-snry to illustrate the sentence will be excluded. Ills. advantage will not be obtained by say other Sunday Pere. Prtilished at Tim STATILIMMI Olce, Ifl, Strand, sue. way be bad of all Newsmen. N•• In reply to " A Constant Reeder' . at Portnes. and he the aeconiniodation of our Country Friend, in arne s t i l tnkr occasion to notice, that we yesterds) published a F.lition in time to forward by that evening's pear. The Third Edition ate later hoar for the aceomodatine of eer Friends in 'town, contained the whole of the protecting In the House of ..only, till the close of the day. The en tents of both these Zillions, carefully rerined, are rein fished. in the succeeding paper, for the an of our readers ult.., cannot avail themselves of the other accommodating: and this practice we shall, iu all points, continue till the ter mination of the important natters reading in Parliament. Man WATER AT T.ONDON BRIDGE 10.31011101! Morning, ID min. after U.—Eilming, 3.1 min. after in. - - new nr LoNmov.—holiday at the Nadir (Wm. etc k tatcliitatt. " THR BRITISH STATESHAR" IS INCORPORATED WIT!" Tilt STATIRMAN." LONDON: SATURDAY ErzNisc, sEPTIMDEII Y. P`2o. New York Papers arrived this morning to the 11th of August. Extract of a Letter from St. Thomas, rial July:— " The news from Laguira is, that the Itoyalilts ham evacuated St. Carlos and fell back on Pallineirs, the head-trailers of Morino. General Bolivar Was at Cala boxa. The Royal General was displeased at the Cow. mandant of St. Carlos for retiring from that place:. it was expected be would order him Jo be shot. The people of Caraceas were anxious to see General Bolivar, sot they write confidently that his arrival there may be hourly expected. NEW YORK, Atc. 6.—Papers have been in circulation in this city fur several days, that a malignant fever existed at Philadelphia, which has indnced our Board of Health to dispatch Dr. Dychanan to ascertain the true state of the case. We received this morning Paris papers of Wetl nesilay. They contain two Oriloonances of the litso the first of which decrees the dissolution of the Na tional Guani of Brest, for " having refused to obey the orders of the MAYOR, when legally summoned to quell the tumults which have taken place In dation. esperially on the evening of the 17th inst. whes the authority of the Magistrates was set at defiance, awl several of that corps took part in the riot, which it less their duty to assist in repressing." The s-coad ordonnatice supersedes M. LAFOND LADEBAT, SO . Prefect of the district of itrest ; and appoints SI liram•Y to succeed Min. The blAviia of Brest 111% sent in his resignation, which Las been accepted lq the FKavcn Frxna.—Five per cents. 77:. dec. of A striking symptom of the deelinine contidoare the Qmsen's accusers in the evidence tliev mhlueri , has appeared in the increased exertions of their lin , racy egrets. A mercenary journal that had ased to ♦aunt of the forbearance of its remarks, and that threatened with legal vengeance those who itra tuiradeerted on the witnesses nailer examination, ha' within these few days entirely renonneed its strecie 4 easloar, and entered the lists as a most violeat pe;- tiun. Another that had from the couneencernent of t-• I