The Statesman. — London, England, 1820-10-24 00:00:00

e at THE QUEEN. - • isgsVele OF LORDS.--(Tsti Idoesine.) p o res were read at the mud hone an d t h e p eers them called over. The defathers were Lord , Viscounts Braseville and Anson, the karls of p re is sad Mayo, and the Duke of Argyll. Earl OUT then rose and said, that as their Lord. ba D ow be hoped arrived near the end of these iophrlael Pr"eedings, he begged, to call their oaten that to a passage to Mr. Phillips's Law of Evid ence , ',planter). of the usage of the Courts below. That „ o oze stated that the depositions of all the witn • sp „, m i l ich the committal and the sulieequent trial e re loauded might be called for, with the view to ob „ffing whether there were any variance between the atc aaote Sinn by the witnesses before the Magistrate, sea that given upon the trial. If there were any incon ;Amy in tl.-. two accounts that circumstance tended I , ego considerable doubt on the credit or at least on dom mary of the witnesses, and to the benefit of that ese b t the prisoner was entitled. By analogy to the m i n i those Courts the deposition upon oath whiCh le i boa laid before the Secret Committee should, w oo e d, be submitted to their Lordships inspec tor*, do purpose of observing whether the two an inkau given by the witnesses against her Majes totem consistent with each other. He was aware, t ib i gan; depositions were extra-judicial and irregular, bottliattittantstance formed no argument against the pra d v tioa si those depositions, since the object of thaterotlactios was merely to try the credit of the witsemeg. At present he should make no motion on the o bject, because, be conceived, the time fur such a motion, world be more proper, w hen the case should l a i n i t ees entirely closed on both sides. He merely a n n eibiic Lordships attention to the subject that they might hare time to consider his suggestion, and, he tem e,,, g ,,, notice, that on the closing of the case, be should submit a motion for the production of the depositions which had been laid before the Secret Com mittee, appointed in pursuance of his Majesty's Mes sage. The Lord Cnsxcrt,sos, after referring their Lord _ ships to thews:in which had been left undecided resterdar, upon the Attorney-General's motion fur de lay, promised togive his individual opinion upon that motios. Ile had read over the whole of the evidence applicable to Col. Browne; and, although he considered t:,at the Attorney General could do so other thau mate the motion he had, he (the Lord Chancellor) twittered that the Queen's Counsel had done no more thu their duty in resisting it ; and upon the best Stallion he could give the question, he thought their Leeditips ought not to delay the proceedings.— (Bat, bear')---He observed that there were only ire witnesses deserving (in his opinion) of any reedit who spoke at all about Colonel Browne, and that trident/ was given two months ago. But at all event, he thought it would be an injus tice to the • Queen to delay the proceedings. fry tiereforis, their Lordships view of the question aiosld be consonant to his own, it mifhr be proper to nil in the Counsel, and inform . the Attorney-W -ong that Moo &hi, he desired, mid not be grunted If, out the other hand, their Lordships better opinion should be in favour (tithe delay, it would be necessary to inform the Counsel that the delay required would he granted ; but he, fur one. should say, nut content to any motion for the latter pttrpose.—(Hear, hear, hear.) The Earl of DARNLEY said, lie perfectly agreed with the Noble ant Leaned Lord on the Woolsack, that if this proceeding were suffered to continue at all, it should tondos. without any delay; hut he entered his solemn point in toto against the whole proceeding, from its most unconstitutional commencement.—(Here there were nuaptotns of considerable disapprobation atnong their Lordships.) He was but an humble individual, but he felt it to he his duty to give his opinion accord ie4 to the dictates of his conscience, regardless of either impatience or clamour. Ile considered the whole of time proceedings as illegal and unjust ; hut with a choke of two evils, he should prefer the less, and he it there should not be any delay. Martinis Cassnam hoped that whenever the whi4e of the transaction concerning Col. Browne should be brought forward, that Isis character would staid the test of the strictest examination. He knew this subject was extraneons to the present inquiry, bet he felt it his duty, notwithstanding the urpopularity of it, to slate what by keen. of Min. Ile had been a subaltern for 14 years, had received several wounds, sad he believed him to be a most honourable man. Lord HoLtawn said that the House were to judge of Col. 8., by the statements that lay on the table. And he thought that the friends of that Gentleman Amid fibstain from any panegyric as carefully as he woad el:stain from any remark whatever. The CHANCELLOR then moved that the Colonel shouldler called in. Which being done, the Chan cel* Wormed them of the decision of the House. Captain BRIGGS was then called, and examined by the Arrolar.-OrwEna C lPtsbt Wtiw, you have stated that rou corn "latillid the Loviathao, when her Royal - Highness was se hoard that ship ?-1 have. Do yon recollect Lieutenant Hownam ?-1 do. Yew lave stated that Berganti was also on board that skip Do you recollect having had any conversation nigh Lim. lion nem on the subject of the Princess ?-1 do. Was the conversation about Bergaini being admit ted to the Princess's table ?—lt was. State that yon, said to Lieutenant !Towner's on that occarioa.--1 °barna to 'Lieutenant Hownam, that Captain Ileakett had told use that Bergami had waited hPhitA his chair ; sad 1 asked him how it was that Berganei was admitted to the table ; he told me ha WAS sorry it was so, because be had intreated the Prioress, on his knees, with tears in his eyes, not to IlJtuit him to the table, but to no purpose. Do. you recollect ; did he state to you when that mss?---To the hest of my recollection he 'minuted — r. BROVLUA3I.--What do yea mesa, Sir, by luti mated ? The Arroistv-Oettanat...--What did he state as to the time ?—lle said it was the Pint time an alteration had *en made about Bergami. • Cross-ciao:lBW by Mr. Baonousu. Where did , this osiovereatios war so .hoard Leviathan the weir from Nihau is 11 / 4 111 Th o. What yearil.:;.—lSJ,s, - . • What month ?—November. Who were present at Mb same time ?—Don't think any one. Did he ever speak to you place about it ?—lies. he came down to Porters outh at seven o'clock in the morning, and asked me same questions about dm tes simony I was to give in this House. I told him, I would tril him nothing about it. He asked me whe ther any alteration had taken place in the cabins; I asked him how be could forget it, as be was possent at the time. Did you mention this to any one else ?---Yett, to Sr OeorgreocLbnim. is he one of thelLords of the Admiralty?---Yes. I believe you dined with the king, since you were examined at this house ?----Yes. At • Ports mouth. Re-examined by the ATToRNEv-OrNgial.. Do you command a ship at Portsmouth i—Yes. Did any of the officers at Portsmouth dine with the King besidet ?---Yes, all tilt Captains. By a Peea.-1 understand you to say that you took no memorandum of this conversation, and that It oc curred in November, 1815. 1 put it to Captein Briggs, whether he recollects a private common coo cessation which took place five years ago ?—Thp an swer was in the affirmative, but we could not distinct ly hear it. When Lieutenant Hownam mentioned to yeti. the' first time of Rergansi's dining at the table of j ber alp jesty, did he tell you that it arose from any circus stance which occurred accidentally at the moment, or from a previous arrangement 1 understood it• to to have taken place on the day of his leasing her Royal Highness's service and becoming her compa nion. The witness then withdrew. The ATTORN Ce•OCNCRAL said, as the ease DOM stands, I shall call no other witness. The LIMO CHANCILLOR said, it was now 'for the Couusel in support of the (lettuce, to proceed with the s ttttt ining-up of their evidence. Ale. liaoccusto.—l believe my Learned Friend is ready to proceed. hlr.Damsasx.—My Lords, under any circumstaaees in which an advocate discharges the solemn duty im posed upon him, it is not quite unnecessary, that he should require the merciful indulgence of the House. And there is something peculiar to my situation, which renders it necessary that I should receive the amplest portion of that merciful indulgence of which I eo much stand in need. After the application is hick was made yes terday to your Lordships, it was nut until your Lord ships had decided, whether the proceedings should be stopped for Colonel Browne, or not, that we could know what coarse must be pursued. When that de. cision was conic to, instead of this solitary,wituess which has been produced, we were led to believe, that there wonld be a number of contradictions to the evidence which we have not brought before your Lordships, because, almost all of them were examined in a manner which led us to expect, that such an ha tention did exist. We -srtiv thus called °poi' to direct our attention to this poict, without en tering into that correspondence Oeirb was necteugy before I came to the arduous duty of summing up the evidence. I make no complaint of this, because, during the time Aids has elapsed from various causes since the commencement of these procee ding !, I should have been deficient itturtinty, if I had tot paid the most unremitting, the most painful attention to the whole of n►y Illustrious Client's ease. Without fur. ther preface, my Lords, I will go into the consideration of that evidence which has satisfied my mind, which has satisfied the minds of my Learned Friends, which has satisfied the whole people of England, and which will go forth to the whole civilized nations of the world, establishing a defence which will entitle the accused to a complete acquittal of all the infamous charges which have been brought against her. My Lords, I wish to proceed to this inquiry with all the calmness, and with that total absence of can lead to It would be Importance bounds of pi and expressii so fallen from •ed he required magnitude of ' charged with to captivate say, if my Learned felt that we were bearing personally hard on him, I totally disclaim any such intention. From that whirls Sell from my Learned Friend yesterday, it would seem that I had questioned his veracity. I beg leave to say, that if any thing I have said can bear such a eon. erection, I most unaquiveirally retract it, and mist aliamaly disclaim any smelt feeling—{bear, bear). • It ~bas bet been my object to create uneasiness, for Shave Infielf telt it too deeply. The immediate interest of ley cheat has been from the first moment that she set bettoet in this eount, the only subject which has neaps pied my mind. A nd when I, have seen, during the whole .of that period, the most cruel oppression eget , *lied towards her, it has been that galling sensation which may have created any intemperance with which we have been charged. But while I disclaim all per sonal imputations against my Learned Friend, I claim the right as animadvert upon hie sliaracter as an *deo eateLlitems% as an edentate, to possess mach sof the siktit isi which. this Hill . is founded, is my Learned Friend's greatest tnisforitinei It. is a misfortune for which no personal honours can compensate; it iv II misfortune which has Weighed him down throughout lbw proieediarst mid with me, I declare before tied, .deal winald not have been tempted to till his °lwo bj the highest object that hanian.ambitios can obtain. Pleas the office of supporting a .Bill of Pains and , Poitsis 'ties against the wife of Oohing of englawl. I wilts's"t 'Zrefer to the mode in which this indictment is iadi ' The learned °enshrines end the Bill and•stki hersv4 w bialllealit low proceed 'sr a re of the evidenee be. which the preamble of that Oil had been support First with respect to the advancement of Wrenn, hit r. H.) +dunned that 13Ori t ual rewind the service or r M r Royal Highness as a mental; that he was preowned, Amt he remitted aevesal warkrat her Keys' tfigimitee's &vow, awl that his family shared in those advirsimies. 'Ms laieliags him/seer, that steao.preief bad bieeieffieged It show that hiestraslai ba4:TK•i-tad his tabors soden Aruogh the insteumestality at. her Nord ilighlanall for all that appeared in evidence it presesti r ag, ass a t was time Bergami was without thou works et &tine time, and at another time he had them. Thee was entaiily the enlist of St. Caroline iv hit* had beam trailed by hie Royal Highness; and of Which she had made Bergatni the principal member. Hi would endeavone es Weal ibis pact of the ease with se riousness, for it appeared to be a very seriessapart of the Bill, and a most important ingredient in the charge against her Royal Highness. It had heed argued that her Royal, Ilighttese, by creating this order, had thumped the rights of Royalty ; bet he, with aH the attention be had been able to give to this part of the subject. could not find it had lay where been laid down, that the creation of orders was a privilege confined to one- Mtn persons; soil certainly, as far as custom could be allowed to shew the negative of such a privilege, there were numerous instances to shew such a custom.— In France there were very many instances of Or dies created by , the Dukes of Orleans and other perione, some of whom were not of the rank of her Royal High noes. He found one instance of the creation of an order by three Italian merchants who were brothers. It ap peared to him that it was not at all immaterial or ins; peeper, if when her Royal Highness had accomplished her journey to that spot which had become so memo rable in history, if pleased with a scene which could not bet be pleasing to every liberal mind, if pleased with the fidelity and attachment of her followers, who had par taken tier fatigues and then retook the pleasures of her learner, he could see nothing unnatural or improper tit her Royal Highness treating such an order as shelled created ; and if her Royal Highness had done that which had been done by others without reproach, be trusted she would not be visited with any very great degree of severity, and still leis tha: such an act woad be construed into the proof of adultery. Indeed, he should not say any more upon a circumstance which appeared to him to have been brought into notice equely for the purpose of swelling the charge. lie should now come to the charge of adulterous inter amuse, and he conceived the only question was, whe eler such an adulterous intercourse, as was charged, bad taken place, to the dishonour, in it was charged, 0 her Majesty's Royal Consort, the King of England. ' Many and important were the disadvantages under which he and his learned Friends had to inset this charge. Until the hour of trial they were in utter darkness as to the particulars of the case they had to meet, and in bet the opening Teeth of the Attorney-I leneral was the ladict nient. He should look at that speech as the charge, * statement, he should then examine the evidence with firbich it had been attempted to support it. The first lie might call it the first count or overt act of the rge,passed was the statement of what at Naples on night of the Opera; and bete hr would premise that Mere never was a series of facts so calculated to make M unfavourable impression than the statement of his Learned Friend upon this part of the ease. That statement went not only to Omar the completion of the adulterous intercourse on this occasion, but it went W give a similar character to the transactions which Ie to follow. It was staled, that Austin had been Wonted to sleep in the same room with her Royal beers'; that on the evening in question, she re tuned home from the Opera at an early hour, and was agitated ; and that it was discovered the next morning, that her Royal Highnesses bed bad not boon occupied, but that itergami's hmk . had trident Palltieth Of itd having been occupied by two persons. It was stated also, that the 'sect morning, her Royal High ness did not appear uniil an unusually late bone, and that several persons of rank who came to visit her , could not have admission. It was stated that from this moment, Bergami was observed to be insolent to his fellow-servants, sod the conclusion drawn Clain/nil these facts by the Attorney-Ueneral was, that the adul terous act had been committed. lithe facts had been proved. be should hare agreed With his Learned Friend , in the conclusion he had drawn from them. lint what would their Lordships any, or think, 0' no one of these facts, should appear to have been proved? What would they say, or chink of it, should it ap pear that the boy Austin, had been removed in conse quence of the precious remonstrance of her Royal Highness's own cbasuberl sin, who considered hies tett big a boy to sleep in her room, his age Wag between twelve end thirteen, and nut six or seven as had been stated ? What would be said if it shorn' appear that her Royal Highness came back unusually late that evening, and that so far from not proceeding to her own town, she had actually been attended to that room b 1 Sir Wan. tall ? u t ltatentent of the witness )Ifenes4, as to the *opposed agitation of her Royal Highest's, was in itself too vague to be met by coun ter evidence ; but the statement of that same witness as to the •beds, it was not noteisoly to meet by any evidence at all, for it destroyed itself. and contained intrinsic proof of its falsehood. lie should refer, first, by point, to the evidence--he should do so with the utmost attention ; but if he should make the slightest mistake, he would takeie as a serious favour to be set right by any of, their Lordships, erby either of his Learned Feint's. •Not only was the statement re specting the opera night at Nelda . not' picts& but in many material pinMii mai cump:etely negativ ;ed. The Learned GelltillaSiew, refuted to tin mi nutes of the conflicting ensimmeraffikmaild Caniegton, Sir William (hell, and Mr.-Clove& ea she cue hand, and of Dement on the other, to *heir thole, with res pect to all which bad passed on the night is question, thalatter witaesehad beat contradicted as as far is it was possible to oontredict her. Then, with reference to the statement of Merging's insolence, and his overhearing man ners..hrweeld conlideistly ask their Lordeltips, who- ther diet* was a single passage in any sae page of the estiskausoritieb speaking of Bergs:are manners, did . 101 esusphtely disprove this stately*. .And upon this Pin or the tau be 'begged to saber ells, most ustesi ui- Neally to the Attorney-tieneral's views - of the subject. d he cordially synced with. him, that if bugling had leen admitted to the embraces of his Royal hi isms*, sach r a conduct as bad Amen demriliodwoald hare bees; the jegenurs the Irq dWe foreellillaCes• 'Mid, contrary it apppamalltalit Ass Metimasy of est" am wbo hAil_baemlatramiaost , :oo this pails the soltastt sf alai,* we* precisely chat al 4 1 respectful! mint. Is an . afrolde -.mistress. . bottom who bad new, hot . Mesa af hen sligailled. Wise It appeared tap that in seq. fitestion which issik,bess- Oiled by limp** b 4alipted liiptssy ipas aer becoming dill sitsatisin tjle Ae Ira? to his Wit capaeity he Ciaesitsid with Vcipitiflii pro -41c when.-bp-- vim aherseertie • advasseed to s' ° 4111110•••:Ide s•doliartacht bominea it. A. to See asides* tef ammo respecting the 4 4 MAO.% .he dhl rot tate h Magic 14t Part slate :,t, POR ixtstidaiNcm. R4r/7114 4 3 l'AtiltliSAws.. fiettit.--.16 to I apt e. by IVOhod. Oat ill. ea mei e 17 10 1 Niro 09/111.11*: TO to apt odt of Leadseopei toll to 4 *got e..00t of Cenrekip. Oaxs-11 to I agst my Lady: Dosc4eTtl St. Les so— 1p to.l tiled lad ktitiet. all passion and violence, which alone complete and satisfactory investigation.- . difficult top • l i 4 gh a case of this without be Y . beyond the wopriety. in r language ions. For • mighti hare corn him, h 4 ,rst, ~t apology ; 'iced Do other' ' enormous of his east. " 0 . Awns been ih declason ‘''" intended t out of doors:" • beg leavifo • Learned Ftieed, nrnev-General. ha s • •-•••••••T tEDITIOUS PLAC.4IWS. • . . Mr. Farm' . n. aecompaniell by Vickery; returned late on Sunday night from Franee„ after a eneressless purshit of Fletcher. Yesterday hie. Pearson was informed be Mr. Birnie at the office, that a Hier had been received from the fugitive, ridiculing all attempts to apprehend him. Mr. Pearson ionne;li.orly tit•ur tothe Home Office, and requested Sir Robert hiker to %hew him the letter, that he might be enabled to ascertain whether it was in the hand-writing of the accused. Sir Robert said that it was in the possession of Mr. llohh.o i s e Ilse Under Se cretary of State, who was gone with it t o Lord Sisimouth i , in the House of Peer 3, and that the letter in question Contained on the part of the licensed,. a NIl confession of having published the placards, and entered eery fully into his motives and reasons for their puiSlieitibn. Bit Robert Bolter admitted that the rraseds addriced wet* very ritlienlone, and farther observed,.that the letter wit! written and sent by Fletcher with a vie* to publication, Mr. Pearson then waited upon glr. liobbrifse, and was treated with a view of the sefierseriptiose cad sipeettere of the letter, vrhick titled three sides of w *beet of-paper closely irritten, and was dated the Pith instant, mid bore the post-mark of •Dunkirit. There was also re duced for the first. time, a "'rood letter from Mr. Fletcher to Sir Robert Baker, but whence it had been sent, or what were its contents, Mr. Pearson could nut learn. As, however, Sir Robert kindly informed that gentle Man that the letter was written by Mr. Pletcher ' and sent with a cite to poilieation, Mr. Fletcher's wish will, of course, he gratifiert; and the politic may be fur nished with some explanation of the .r motives and rea sons" of Mr. Fletcher, not only in potilishing the pla cards, but also in thus confidentially corresponding with Sir Robert Baker. If that worthy !Magistrate shmild he hereafter called before a Committee of the Mose, it would he a little extraordinary if this letter •shotriti etsm tain an entire exculpation of the Ministers from ant guilty participation in the transaction; and incite espe cially so, if it should turn out that the letter •ireelf was of home toenerfartrre. In one of the infirmities which Mr. Pearson bad with Mr. Birnie, he was informed by him, th it among other communications which he had received upon this sub ject, was an anonymous letter, bearing a country poste mark, assuring him that Fletcher was in a lilacs of _pet feet security, and was laughing at his pursuers.' Thtli letter was considered a mere hoax. The Diet recently as.umbled at ;e'er. ate, debstei with much warmth, for three days successively, tbe subject of the criminal code recommended by the Ru* Sian Ministers, and finished by rejecting it almost mu• nimonsly, flat being against the law, and only tin* in its favour. The objections principally toreettligt the want of security to the general freedom of theist% Jett, which was risible throughout the whets em)it: and more especially the absence of any provision foe a trial by jury. . An eminent writer, after detailing events it the rsign .of Richard the 2d, which proved the occasion of that Monarch being deposed, observes. " that these ex' 1 titles fell upon Rieksed the 24, at a time when ' every' thing seem,* Ni *WMWaIe le bis +Milton, in the exereise of that arbitrary politer, which he had ai -1 sumed. Those whom he had most reason to fear, 'revs removed either by violent death, or banishineit ; awl other. were sectored in his interest by places or favours lat Court. The great offices of the Crown, and the magistracy of the whole kingdom, were put into such hands as were fit for his designs; betides which, he, I had a parliament entirely at his devotion; but all them ! advantageous circumstances served only to prove, that a Prince can have no real security against the just ! resentments of an injured and exasperated nation." On Tuesday last, the public.crier announced to the I inhabitants of Traro, that a meeting would be held as 1 the Ebenezer Chapel, Pydar-street, that evening, for I the purpose of considering the propriety of addressing I ter Majesty. At the hour appointed a number of per ! sons assembled there, and au AddresO to bet Majetty was proposed by Mr. John Davy, as that of the Minis- I I ter and Congregation assembling at that Chapel, a$ i other inhabitanm of Truro, and was imanimoulp adopted. At the close of the Poll, at a wardmnte of Fittings don Within, for the choice of a Common Conseil-mall in the room of JohnWhehle, Esq., the numbers weal* ! for Mr. Phonnott. 175. for Mr. Woodward,•ll4; wheat Mr. Plummer was declared duly elected: ' • : A 0000 Sire ot.ow.—An Italian praise; at tie :i p s and Hounds public-house in Huddersfield, for a wager, lately undertook to eat a Clothier's won . apron fried in kitchen fat, Which achievement he • . formed even to the strings.--What is this feat et Italian pedlar, however, to the swallow of Conte io ear own onsitryntea, •erbe• eats gulp down the whole tree" of Italian witnesses ?. . • - • Fain • Coangstantset'Vely the ;44 a lIIN • Hatsell, Chief Clerk of .the Hotta of ISlSiitiohij die vast arnosatof lees . imaging to that Aker* low, i ' by an Act passed in the b2d year of thelatatint. ti I be vested in Commissioners% of wheat libriplabr it • lone. to be disteibutet by them in Willis ail sit lowans,' to the cletits.of the House. Iltrodholgokior to the three principal duke. aim. %trope the 4 I are fixed by she Act ; and ample.tamens, is e . will remain for the better prevision tiXgognther eject ket; ~ some of whom are very inadequately provided conskieting the leerth of yeses they, have Nob ilibi • ployed in the Ankh Aides of the House. S • no permanent alloiniels whatever, sad are as dry pendent oa thistisall . feet contingent on mots act 4116 . • priveie hominess. . • Enacrorsox.—This facitiasng were exetatefiesWilfft . the slaw( doer of Nucleate, Henry Marilkslot Weill/t_ .• breaking % 'and Jame* Marsha • and heist Sail* 6r- : utterininnied Hank notes. The utttippy obi wait * the staati apptaiei realgaed re their . edillffietfrifik while sagged in singing " the 1441111tailiell of a deli .' liter," the Una drop fell, and they were latioithed ad • 1 eteraity. . ~. „...•..., j o s 1, b1051511...111. Mak* between Mortis stle-opitriftt f , Iftralown; fur 4 gianeu Nide, fellithe Otighbekia.o4lg .• • . IS milet teem Loniek They art boa". Alit ll ell . of the ofai; six tot oil Mettle- .• •. . '' ... • lt. Three lesions eo • *Alas 1aie . 4,0 1 :46 , when the molt attacke d' heo:i i ii . u s, tho• -es yf thiftßofelsid ifett*.,4 . been foitOci pig* ot• 44: • oc% ffeestilik,' and impthated ler eight, sip sal 1400 siosiW. . ~; . . il 1 4( j r' , ) p ' 5 i . 1 t , 1 4 1 ' 4 ' i i, I • i A l • .k il . I i 4 , , i I .k l it i 4 11, I u i . i ) . i I I i • c .