The British Press; or, Morning Literary Advertiser. — London, England, 1820-08-29 00:00:00

ceding what he conaidered to he an ctrivalent ' to a list of wit.iesaes, the Noble Earl admitted that great inconvenience ways of neceseity incurred. All circumatanees therefore combined to Own that • list of vritnelaes aright to have h-en furnished; and if it had been furiiivhed, all th► dilR .-011y that now met them would have been avoided. Hr did .ill mean to object to any eapeilient nve.le of extricating them not of that difficntty; all he wished to do was, to pen. lest azainst the inference, that, by adopting the one which had been seggeslert, they ...mid get rid of all difficulty —for, c`•n?led as they w-re, if they complied with the application r•ade In them, they moat hold themselves open to a at. rend cross examination, had till that bed been gone throngh •'l, the Al torney-G sneral could not be called on to close his r •se Ellenhorongh •aid, he win glaillhat tin airritrnment no Saturday boil taken place, b 'cattle he hoped that now, "..on miner deliheration, their Isordshipo ,s inhi abandon oie (-noise into which they hail been betrayed on that day. priiiriple of cruso.examinstion now proposed by the eniniisel for the Queen was entirely different from any 1..t40rt0 known or ailed on. It war extremely important cia; Ihe erovs•eximination slomld f o llow the examination 'bier, white the evidence *myelin fresh in the recollection t6•ir Lor d s hi pa,and this hid been clearly exemplified in it. it ♦ery proeveding when a moat important fact re -I.o',ve to the secret door was pur.4y l e ft i n o b. or,leily by the Counsel for the Queen, but was rendered c !ear by a qoestion from one of their I.nrilships. Ile I new that the peinciple acted upon in all Courts of Jul. , :re was, that the Conosel for the defence should make bin cell immediately, if that were physicary possible; and tie reaami of i► was clear, that the interval even of twelve should not be allowed to afford the opportunity of v• ittlif up a sham &Ivory. If their Lordships should grant oh•• postponement of the cross examination for eight or ten weeks at the instance of the Counsel for the Quietus, he could cot see bow its consistency they could refits• a similar indul gence for the cross-examination of the witness( ata:tist the 11.11, if the Connor' ol Id think proper to demand it, and thus the proceeding might be rendered interminable, be tilt the crosa.examination was completely concluded, the Attorney- General most still lie allowed to call fresh witnesses, and the Learned Csinisiisl for the Queen might again ask for eight or Nn week' tine 10 be primed for his cross.eximination of thus• new witnesses, ■tad thus the pruceedin; would never come to a conclusion. The Lord Chatwellor said, it was not necessary for bins to observe on moasnrce which had already been concluded by their Lordships' decision, he meant the question relating 1.1 the list of wilier...We, forttro than to say, that having coat. solereil anal reconsidered all the argument% which he had !lewd on the occasion, he should, not +Mod andbig his deference fur the sentiments of those Noble Lords who were of a contrary opinion, still, were it to du main, rive flee same vote oldrta he already had given; and he most fur show lee •Ilowell to say, that giving a list of the witnesses wont' not have ',moved the one.foriieth part of she iliffica'. t~erwhuhwereintherase. With reg ird to the partlentor gates. tom iron before their Lordships,he would give his derided opi nion the a more impemer or more mischievous precedent -e.r.11.1 nut hasp been established, then it, d which would have been ea t by the cosine of their peoceedings iio Sat godly. No man could look into she proceedings of Parliament without spring that their Lordships do wit govern themselves by the rules of the Courta below ; hot for his own part he would • express his convieti 111 l , that the more closely their .Iships adhered to those rules, the 181.0 e safely they would proceed. Iles Lordahip then proceeded to take a minute a voicw of their Lordships' prorerdings with respect to the rNinsinition, cross examinati 4444 unit re-examination of the ...toe-too 41 the present prueeeiling,; and has Lordship ob. a-teed, that to suppose, whets examining a witness who had already nodergone a Cross Cll.lMlll3lioa, that ih-ir lordships ensued 0111 pot leading questions was a mistake. On the crows-examination of the witness Pelage:a, the Learned Coun sel hail Meted, the, nut being aware of that witness being to be.elisMained, he hoped be should not be tWecboleol put. ling further questions to him, if he should receive informoti 0000 wnieh Mama,' render it necessary. and the otcpweseewee of the House which he (the Lord Chancellor) then stated, was, he conceived, quite correct as the Learned Counsel then dearioaated what it was, which would render recal of the witness necessary, of the necessity of which t ;•as Ileum were the Judges. It was the nswal course of ell Caorts to examine, cross-examine, re-exa mine, and if occasion secplieril is ' in she opinion of the Judge, the witness might ire called bsek ; arid in all crimiu al the accused governed the exercise of that discretion with as ramie latitude as possible its his favour. In making the alt. "cation far the recal of the sadness Theodore Mijocchi, sire Learned Coasted stated, that in eonscafience of its. fartnation which he had received, which lie considered ✓f great moment (anal he begte.l their Lordships' town. too to that circumstance), he wished to beL allowed to yoit three sir tow rpocrai ow to the witness M +weld, and toe L.SCIIPII Conowl then admitted that his applict uon was nut in the ofilinary COaffle of proceedinx. and gdolzrel himself not to ask more than three or four goes. toss before he opened his ease. O. (the Loral Chloe. llor) weal. make no observer .no the number of questions w:och had ensiled, becatiw he was aware of the difficulty of I trlilliCM in such a cow. 00 the Saturday it was proposed that the cross.examiliatioo should he limited, ohether th d were proper ur not he wroth! not now stay to i !quire ; bust if do ir Lordships would take the troiffile to look at the oars:Mos sal answers of the cross. iresminolion which ensued, they would not hesitate to say, Opal that craiss.ca..taninatiois acct far bryins.l the limit*. Coo imposed; though he was conscious bow easily not goes liuo Might be put, the answer to which sonlal render other a, ....Mimes necessary. Ilk Lurdvbile said, lie spoke his own tapi r Jo, misdated by judicial priutoples, when he said Ihal be was boom' as a Joke a • gin flail Court, 10 have interrupt ed the Couloir I its that mow • long before he had tweu interrupted by a Noble Lord. It 00111 haul come to this, what is the mode must consonant to justice, according to Ike g-siei al toile established on wise principles, and proved by practice from age to age, and a hich never owed to he broken upon fur any occasion whatever It was necessary for the security of the administi ail 0000 of joslice, and for the sake of the a Ones*, nod for the sake of the puts, that she crass emmainatiou rl Id snap place immediately after the arearninetiou ia (Litt. It was necessary for the party that the witness 1111011h1 lilt have time to meditate and think far do , stu d wicks spot' th e e tot o..eastivita!ioo, nod it wall but jostice to him, if his exaiviiiaation its chief had left any doutsts of his integrity, that he shish' i mme di a t e ly la a• e an opportunity of lowing himself tight with the Corot, and not Irate that doubt to °pewit, 11l his prejudice. Thine was this farther reason for proceeding Immediately' a ui. the cross esansinatiou ; namely, !het if the cross. solansioation be slot run coodadal, the re.raamination must be deferred, mot if the re-ex onmatioas do nut now tAlt• place, their cannot examine she witness.— A nit what cool is thsoe to lie of the proceedings in this case, if arch a latitude ho parts t Witnesses may be called fur the defrner ('rum J. rosily's', 3311 a, or other distant parts, of a 1.0.1, the Coutowl in sop:mat of this 1.; II can know tiny vi:l, therefore, claim also to b.a allowed to defer the rae mioatioo of sad) a Illleases until they•moy, by in tory into cirroasstancia c 1111 l 'acted aide them, b ass fully prep wed themselves ; nor could such aildiratiou be refused if granted in the first iostatire tofavoor ..f tlieutlor side...— This is the &dimity of the ease, but the Nohla and Learned Lord was willing to allow that the difficulty of a qu-stion was no is why it should out be azitstetl, and why some rule should nut be !lid dusrulur ffie solution of such diffi culty in any future cases that may anise.. But when Ise con sidered the (Keel which any departure from established usages in this iniatauce w an likely to produce, sal the evil eimsequeucis it threatened to was impossible fur Ilia be consent that any other name of procerdiase Strati that of the ordinary practice phould be allowed ; moistly, that Counsel should immediately cross exsuiitte the witnesses as feces V sae possible for them to crrry the ciVIA•tX3II.I.UI. tiu Wilk • View SO its couelusion; but that they should be debarred from Lavin( the witness ►ecalled, if, upon ' shoals; Ilse grounds of their application for that prepust, • their Lordships should decide sisal the justice of the case demsedrd such a course, and he was the muse decided arid sesdlemed in his spinier, the sure he reflected on the pieciplea uu übich the ordinary practice was &misled ; tied Ise was tuerieced that their Lordships would agree with his shat the established rides a law and evidence would be hood to rest •u p►isciples which had better be I ~~,_ strictly adhered In , than altered upon slight grounds—that it wan, in fine, better to seisoil 10,000 guilty persons than to break down i know. rule of law to meet • particular case— (Mar, keer.) F• "I Gals offer what hod been heard this day, particu larly from the Noble and Learned Lord on the Woolsack, did not think that his Noble Friend on the emm.bench (Lord Lawlerulale) wield deny that the present was • question of great difficulty and grave int parttime', and one whirls called for the U 1351 "wimp attention god the deepest emmideratinis of. heir Lordships. Heagreeil most folly in the principle laiA dowse by the Noble and Learned lord, as applied to rases in which, sitting in their ordinary judicial rapacity, their Lordships were called upon to prounnoce • judgment of guilty, eve iw nn; that if any difficulty arose it 11.1111 to be promptly met, and solved by analogy from the established roles in similar rams; but the present was a case in its °store most retrain.- dissary and unprecedented, and not less Important in its eon. segos-nets than rare in its occurrence, it was a ease involving political and other emsaideralions of the Mutest moment, sod therefore not to he decided by the orslioary practice, nor without a scrim's attention to its expediency; and en beset with difficollies as the reseed case was iin all helots acknowledged to be, it was well deserving of their • Lordships' cousideration, whither it wool., not be better wholly to desist front any further procreilinea. It was now proposed to limit the cross-exanainstion of witness , " to the practice in or.litiary cases, and afterwards to Fecal them, if it should be deemed neermary. la any Covet of tw, if, after the cross examination and reexamination of a witness, circumstances arose which rendered it rape diem for Conine' to have that willies, recalled, he was given to nittlerstond that it would be readily allowed.— net he had it to have been decided by their Lordship", that, in consideration of the peculiarly ilia aihrantgeous situation in' which the Queen was placed, by the irdlefinite nature of the charges agsiost her, and by the refusal to famish her with a list sit the wit ness'', the Coulosel intrusted with her Majesty's defence, should be compensated for these disadvantages by some such istdolgence as the latitude which had hitheto beer allowed them in the cross examination of the witnesses. But if their Lordship should now think it to alter the rule which they had theta prrvioaaly laid down, aithoigh be (the Noble Lord) was by no menus disposed to admit of Coonsel advising their Lordships as to the vomite proper to be pnr sited, vet he did not see bow their Lordship* cont.' with any chew of justice proceed to such alteration of their previous role, without bearing from her Majesty's Conn. gel their opinion no to the possibility of their proceed ing in the conduct of her rage, without the runtion• sure of such indulgence as had hitherto been extended to them. Though unwilling to trespass at any length upon their Lordships' attention, lie most offer • few uhaerva. lions in elucidation of the position in which the House WA. now placed. He believed he was the first person who had drawn the attention of the Howse to the peculiar cirenuistancrs of the present case, by a motion, that her ‘faiesty should be (tarnished with • rpecification of the charges intended to be brought against her • he bet:eyed he was the first person who hail called their Lordships' notice to the peculiarity of the ease, become the mo tion of his Noble (Lard Peskin ) a list of (he wit nesses was subsequent, and indeed lie believe-41A was founded on their Lortkiiips• rejection of his motion, of which disci tains of their Lordships he did nut, bovrclrer, mean to eno• lie had. on that occasion, called upon the Holum to consider whether there waa ever an instance on record of a person, a Maisel lie had alatoat Dahl, being called on to &mower *eerie* of charges of an indefinite nature, extending over so large • tract of country, iorluding so many distant rig' , and embracing • 11TrItyll of six years, without any guide for the preparation of his defence as to lime or place, or any other circumstance usually set forth in criminal accusations. lie had thought it necessary fur satisfying the cods of justice, that the Quern should be furnished with • detail of the charges against her, specifying the time and place of the acts of alleged criminality; the House thought otherwise, and he would not now quarrel with their de rision. Bat when he was told that there was no preee deist fur the proceediags ; that it was against the usage of Parliament to grant what be hail then sought to procure for her Majesty, he mind beg leave to inquire into the reasonableoess of the argument. By the statute of Ed ward Itl if the crime of which her Majesty is accused had been committed in this kingdom, or with a subject owing allegiance to the crown of these realms, it would have amatmled to high treason • if she hod been arvaigned on a eliarn. of high treason, she would by law hive been entitled to a :Wail of every particular and specific act which it was intended to allege as a ground of charge sorting' her, and she most have been furnished with • list and full description of she witnesses against her; i• addition to which she would byre boil the advantage of calling whatever witnesses she might think proper in her defence, without any previous notice, whereby the Counsel for the prosecution might have hero prepared for effectually cross-exainioing them. Bat the Wittiest Law Authorities in the kingdom had decided that the act being charged to have been committed out of the kingdom, awl with a foreigner not owing allegiance 111 the Krug of this country, the offence slid Dot come within the scope of that statute. To 'that other case then was it ana logous? To that of a snite for a divorce. But • difficulty had been starlet against the prosecution of such a suite in this illfilaUCC. The King being the bead of the church., was not amenable to the jurisdiction of the Ecclesiastical Courts, sod therefore some oiler mode of proceeding mast necessarily be adopted. In the ease of a charge of high treason, the party would hive the benefit of the advantages which he had stated. lit the cause rica suit for divorce in the Ecclesiastical Courts, the libel must distinctly set forth the time and place of the alleged adultery, and a particular de scription of the witnesses mita( be attached to it ; and after the preferring of the libel sufficient time wortld he allowed to frame an answer to put in a counter plea, and to procure the evidelice in answer to the libel, and in support of the counter-plea. Bet it had been alleged that this case was of so anomalous a 111. Lure, that it could mot be afTecterl by any of the ordi nary modes of proceeding, but most he met by a measure adapted to its particular circumstances : even so, would their Lordships deprive the party of all the advantages which in the ordinary mode of procedure would have been secured to her by law? No; and he appealed to their Lordehips to say whether it had nut been distinctly stated that some (qui eaten' should be afforded in the course of the proccedirigs for those advantages which would ne 44444 rily lie curtailed by the extraordinary nature of the proceedings which had hero adopted to meet 1144 r-sec Whether the rule which their Lordships were now called on to adopt would plate the illustrious individual most particularly coueernedM At name rioting it, point of advantage, lie slid trot know, bet he must beg leave to tortmiste what had been said la empflori of it. A Noble Lord had said, that three was au osample. 110 precedent in parliamentary history of soda advasstages hying given as were called for in this case; he however begged to call their Lordships attention to the Met of the Duchess of Norfolk, iu which it would be famed that pie. cisely what had beets diked un the part of the Mesdames person under accesation in the case now before the House, and even more, had been granted on applicatiou. The • I)acheses proctor first of all applied for a spetificatioo of the ells, ices, %%hick was grimed ; he next applied fur a more partienlat detail of the charges specified, which was elan ;panted ; he then applied for a list of the witnesses, which was also granted, and the decision in favour of the appli cation was grounded on the manifest injellice of depriving the Defeudaut of those advanmees which would have been secured to her by the ordinary moor of procedure. and to render the list of witnesses more available, a preliminary examination of theta took place at ohs bar of the House, and the proctor was furnished with the par. ticulars of that examination. He appealed, Otto, to their Lordships, whether there was not sufficient reason to give list' Quern the same advaistages in this case. Their Lordships had formerly decided against the specification of the charges. slid against fteruiabing • list of the witsiesms. He did Not mean to arraign their decision, but he did mean to mom. triad that they could sod atm to heat her Mojeoly's Counsel before they resolved spun takiog away that egad -I,llleol which had beets promised them for she ailvaatages of which they bad hems deprived. The crose.examiaalims of witnesses could arm be misoluesed with soy Street wiles, the p srly was prevfooslyampsainted with the character a the witness, and in miens degree apprised of the fade to which the witness awed be examined; this was an aim tage secured to the person nailer Senseslima Isy tie oral. nary mode of procedure, their Lordships had felt that the party being deprived of it was retitled to poweething its the way of eqeivakat, aed In this case they had already Allow. ed as inch equivalent a certain 'entaile in the crow exassiailise Oahe whops...as, and it was impowsible their Levablgnicowidateest depart from the rule which s p ry had Irellorn bid doses wllhont evident injostice. In fact, it ap. pargeir Si him AM ensa of three thong.' was left foe their leeedisidpa so du. The first, sod that which was !woken.' the MOM desbalde, was to drop the latiniry, and desist from any farther procesdisigs. The Atm, war, as the Queen had aim bees put in possession of the charges preferred against lwr, by the opening speerh of she Attorney-Generst, to feroids bee Majesty with • list of the wises-yes, and sitapend she posereilings for the prevent, and reunitee them at such time eh salasentel be judged seflitiesit to enable her Majesty In risme (Ay prepared fur her &trice. Or, they might allow the Node hitherto pressed with respect to the cross-examine ** of the witsiesees to be persevered in, of cruse-examining dim et different sint)es, as circumstances might reenter ex- Pellflohth He wax ready to admit that the ease was sow rosneded wish difficulties, sad pregnant with evil, but he sew toe way by which they might be avoided. He was aware that if the croits-exermination were delayed, the reweamina. lion most alsu be delayed; and that if this were allowed for the defray., the emitter! in support of the Bill- might alien claim to delay the cruss.examinaiion of the witnesses for the defray, and that time should he allowed to procure the attendance of arch additional witnesses as might be n guired to awes any cirinswistaeres whirls might unexpectedly tran spire in the cross.examination. Tinge, he admitted, were evils mid difficulties with which the case was thickly heart, bat from these he saw no other means of escape, without compromising with the public the character of the justice of the proreeditegs of that Moose. Their Lordships had !wen told that they meat not yield to clamber, and hr for one seas decidedly opposed to such yielding, bet clamour woo aid opinion —(//ear, Aear.)—The present was not an or dietary ease in which ilwir lordships were merely called on to prOisoience • judgment of guilty, aye or me; but it was one of deep sad widely-extended general policy ; such ass use in which public opinion mast always have great weight - !ear, hear)--and is that opiesiosi Ise Yield assure their Lordships that whatever might be said en the other side, he bad good reams to know that the character of their pro. reeding@ had already considerably suffered—Wear, hear) —and he hoped their deciasios on the prevent qnestion might nut tend to injure it still sore.—{Haar, hear)—He wunlil conclude by deelsriug that it appeared to Isim im possible that their Lordship should alter the rale they bad already laid dime without hearing the nevem-ma ..f Coun sel as to its probable effect um the ease intrusted to their inaoageasent. Lord Grenville said, that they were now &Latin a pies' litre which had been decided ou a former day. Ile had stated that he was one of those Lords who was attending by the order of the House, and who had not beets present at the previous proceeding, and when he was compelled to take a part, he was determined that nothing al Id he done by understanding, but that a direct course of proceeding should be marked out. He was ofopiniou that contrary to their Lord ships' former proceedings, when Comtel against the Bill hail eloped their crass-ex imittation of a witness, and re-ee stoinal. had take• place whet, an occasion awe, Counsel against the Bill should have the opportunity of a second lime of crosm.examining a witness. tit, as occasion where it was memory, he was convinced Mir tribunal, or any other, would sot refuse where Counsel for the defence had stated, that new eircionetatares had come to their knowledge, and that it would be for the belie& of their client that the witness should be again cross examined. He was certain it would be allowed in any Court of justice, hat the new facts should be fully and amply inquired into, and with. out the fear of contradiction, he would say that it hest ho so is their Lordships' House, for if they refused to allow Conniel to rross.examine IQ new facts, would not one of their Lordships do it ? There was no Noble Lord, be was coovinced, on being put in possession of the new facts, that would nut think it his duty to have the witnen eel ailed to their Lordships' bar, and put the qmestiona to him arising out of the new fat ts. He would not at any time, if he was called mato agree I. as arrangement whirls would shot out soy part of the defeace, agree to it; so far from it, lie would oppose it in the strongest mariner. He would tell their Lordships, it was their duty to do justice to the Royal Premier!, and that they would only do so by allowing her Counsel to have the opportunity of a second cross eaamina- Mu on new facts coming to their kiwi/ledge; their Lord ships not hiving, i• one instance, shut them out from that advantage, as they gave them the benefit of it is a second time cross-examining Thetulore Majoechi. The resolution their Lordships came to Olt Ssborday, was out to eximul the hoodoo( Counsel, but to confine them, by laying down a certain rule; the consequences of which would be, that on that shy their Lortlakips would have set the fatal precedent of limiting Counsel in defence of their client, by prevent big them from ■ second lime putting questions which, in all law and justice, they were entitled to dn. When he rousidered all the diffintli ies of the case, and the great im portance of the question before them, be called on their Lordships to deliberate before they made pitch a rash order. In his opiate*, they had moth* to do boot to keep the coarse they had pursued, not to preclude Cottagel from only e%ansining to what they thnoght right after the examination of a witness in chief, but 111 leave it open to them to again cross-examine the same witness, when mew itiformation came to their knowledge. lie might say, it was the mood moms opinion of the House that this was the course they ought to pursue. He agreed fully with his Noble Friend on the cross bench (the Earl of Lauderdale) 3/ to his proposition, Ind if it was adopted, and was injurious to the Royal Client of Ike Counsel against the Bill—that was, if Counsel felt it so, they ought to he heard at their Lordships' bar against it. He would ailopt the argument of his Noble Friend on the cross !mica, that it never was known that Counsel were al lowed to suggest to a Court of Justice, much less to that How, what coarse they °n i ght to pursue ; bat that was not the question before their Lordships—Counsel did nut ask the. to deviate from, say fittest role of evidence, but their Lordships naked Counsel if they hail any thing to urge why HMI might to deviate from the established rule. 'fluty had mot dentinileil it on the part of their Royal Client, hot 'if they had, he had no hesitation in saying, under the peculiar eircomatances of the ease, their Lordships would be bound to grant it to then.. The Earl Of Liverpool begged to.ny, before the Counsel were called ia, that he intended when She list of witnesses was relined, So give the Queen ass equivalent, by allowing her time, by means of an adjournment, to prepare her de fence; but he thought it ought to be clearly understood that so understauding had existed on his part, that the object of the present application, namely, an adjourned cross-examination, should be allowed. Earl Grey explained. lie thought the proper course would be to call is Counsel, and state to them t►e role on which the Howse meant an set, and by which they were re. solved to abide in future, unless some good cause to the cull• fiery should be &hewn, and In ask them o whether they had any objection to offer so the adoption of studs rule. The Lord Chsocellue wow put the question, whether he should tall in the Counsel, soil inform them that it was the isteutioir of the House to adopt the usual course, aecurdiug to the practice of the Courts of Justice, but extruded so as to admit of $ second creses.examination is special cases ? To which au objertios was made by Earl Grey, and trodi -6C111014/ stiggeattsl by his Lordship and other Peers. The Lord Chancellor mow read from the minutes the order which had bens made w Saturday un this subject. The Earl of Liverpool moved, That the Counsel for the Q/10111 should be istfoeused that they were directed lay the House to plumed with Me croasaexaminat ion, as far as they could, is she ordinary summer; but that on circumstances or facts net wow lumens Id them trauspiriog, they should be allowed ■s opportosity of rallies back the sante wit. Hewes who bad bees primitively cross-examined, for a further cross-examined it/n. Earl Grey objected to this proposition, reseeivieg that it impulsed. on her Majesty @ Conrad she ordinary rules of Coasts of Law in all their etrictuess, while it extruded au privilege that world be refused in any Court. Fur he sp. serlsessiled, that if in say Coed COVIIIIIeI dada say," we are new is possessive of fads, whit* we did rot knew be fore, sod we cam en, cross emend former *impedes with .pester died thin we did ►eler►=seek Vert weeW mot a • lAN Its have the witoesses impel fir a reitewea erotmet aminatina Lord lectlestlale repressed his opinion. Mit the order per mitting the adjournment of the eross-essatination should be discus toil. The Earl of Liverpool did sot think that such a rule had ever been laid dawns The Marquis of lAnniown said, that the *nolo lion had hero trail by the Noble and Learned lord from she Wool sack, mod it was am their fault if they had cemeladerl that it was an order regular, adopted, Lord Lsoderdsle made a few observations which were not audible to ws. lord Haerowlay observed, that it Counsel had gone on is the manner they hail previously to the cross examination of the last 1111111.11 11 , they would have hod what he should ant call s reserved, bat an adjourned cross.exentiontion, loiterers which he apprehended there was • considerable difference. Perhaps the best mode, as ihe matter now stood, would be to rail on the Condiel for the Damp to eneetinor She frog, examination when they were brought up; if they saw reason to object to that Clllllllr they might state all their grourie.s fur desiring the liherty of postponing it; and if they should say t hat th-y were not n o w poswesed of the knowledge mecca. Pllll lo an i flectual crom-exemonsition, he etippiteed the 1 - 111111.1 . W4llllll 3111111/ 111fIN to postpone it. The Earl of Donuitithniore thought her Majeftly'e Coun sel hail Item granted she option of croes.examisting the nil reams wholly at prevent, 4.r of rives...tog the whole till an, oilier period. Dis underatanding of the aptestiors was this, that on account of the diffietibles winds were interposed, 111 said by bee Counsel to lie interposed, no the way of the Queen, by • list of *Unease* not having !wen foritiolied to her Majesty, this option was concerted, and be thought that her Majesty's Comemel had reason to miderstand so from their Lordships' proceedings. Therefore he thought that after the very first witness had undergone his examination in chief, it was competent to tier Majesty's Counsel to have maid, We am at liberty to postpone ilia cross-examination of ibis wit ness altogether, host we will not do so, as we ar e re ady to go on with it now." That this had peen the onderatanding of the House he thought had been fully proved by what had passed on Saturday, when the - Queen% Mooney-General had bees I interrupted in the course of his er o ss.esayonsaliaa. The en bun on this subject was costneued for some time longer by the Marro' of Lanedown, Lords Rosalyn, Liverpool, Erskine, the Lord Chancellor, Lords Carnarvois and Elienboroogh, and a form of instruction to the follow. ing effect, to be delivered by Um Lord Chancellor to the Counsel, after having been called to the bar, was at length agreed Mr, "That the order adopted on Saturday, vin 'that the Counsel be called in, and s ha t the Colmarl against the Bill he requested to state what departure from the usual course of examination they considered nett-army to meet ilw jus tice of the case ; that her Majesty's Conned be heard tiros the propriety of such departure from that coarae, soil the Connowl in favour of the Hill Ise hear., egainet the arguments of the opposite Counsel; was dierharged ;" and that it li•ving Item proposed that her Majesty's Counsel aborld lie COMM.IIIIII.II In proceed with the cruse-examination of witnesses immediately after the examination in ,chief, as in ordinamy eases, with a full claim of calling bark any wit ness fur further eroes-examination in case facts or circum stances out knows before should cruise to their knowledge in the interval, that the House was ready to hear her Majesty's Counsel °Elitist the said proposed mode of con. deleting Abe cross examination on behalf of her Majesty, am also the C 44444 isel for the Bill in reply to the arguments of her Majestv'e Counsel. The Cllllll5O on both rides were then railed to the liar, nail the shore order iiiii ninicated to them by the Lend Chancellor ; after whirls Mr. Brougham begged leave to state the very great diffi culty in wlitele be, as Counsel for her Majesty, was placed, by what their Lordships had seen it Mime to do in this stage of the proceeding. The parties called to support the Bill had shown at all limes, and in every stage which would allow them the opportonity of doing so, that they considered the measure entirely nil vaotageotis to their aide. The Counsel for her Majesty had argued on their part, that they considered it as entirely objectionable. If their Lordships, therefore, found them. selves in any difficulty, a! least lie might lie allowed to say it had not Ireen caused by their Lordships Mauna* seceded to the opinions of the Counsel for the defence, but frum having adopted that which was recommended by the Conn* I in tiopeport of the Pill. This he submitted was one of the slrongest reasons which conld be given by her !Naivety's Connerl for granting them the pernbar indulges ce for which they prayed, that all the difficulties and ineonveniencies which lout accompanied this prinweding, and of which the Aitorney.Grneral now complained, had arisen not from his failing to gain what be asked, but from their Lord. ships having granted him the whole amount of his re quests. As to the difficulties in which he and his Learned Friends •ere placed, he would not my, because he was not calluil Non' to point out by what other course they mold have been best avoided; but in the present course they were so great as to be alisolutelv insurmountable If lie had rightly soiderstutid their Lordships, they weir now offered to be placed in the same situation us they at I in on the Saturday before the opening of the case, and the commence. went cf the proceeding 1111 Saturday week ; but not wily were they in a worse condition than when at that period, they were put to their election as to their future course of proceeding, they were placed in a more disadvantageous situation than that in which they stood at ten o'clock on Sa turday mornitig. In the first place they had never been heard at all upon the question of lurid:Wog the list of witnesses, that question load been decithal on a motion, after hearing their pe.ittuo, which originated with their Lordships ; se condly, they hail been denied privileges which were common to every party in every suit. In all civil actions between Plaintiff and Defeudeut, in all criminal suits between Pro secretor stud Criminal. the accused was allowed • specifics.: lion of the facts to Ise proved, with as account of the places where those acts were committed, and acconipanied with such description as conveyed a resson•ble certainty and latitude both as to the times, situation., and mediumistic(' of the facts so to be proved. lip what lie was then urging he dirt toff merely rest on the analogy of the law of treason, that was only applicable to the arguments which they could urge for having the list of witnesses (unvisited to them, but In every case of accusation, wiu thee criminal or civil, the names oldie counties wherein the acts charged were alleged to have been committed, were at least given. Ilcre the emote was laid in three or four quarters of 11w glolse, not that they had cried or sinned in the county of Devon or of Middlesex, but that they had erred or sinned in Europe, is Asia, and in Africa, and in all the ports, harbours, sad eitradels,iu all the towns, cities, mid provinces, in all the rivers, and upon all the lands, cultivated or waste, peopled or uninhabited; in abort, in every part and division of the aforementioned three quarters of the globe. This was the peculiarity of their case; ibis plea, whirls lie was offering, was that of innocence, nut of guilt. If they were guilty, and-knew themselves to lie no, they might have some &Heiden's' as to the tunic ur place *herein they committed the arts afterwards to be proved; they might of course have wow intimation of the circum stances and characters truth *hien they would have to con. tend in el/lattice. But in proportion the senor of innocence would be the degree of peril to the accused ; the inure Mi. probable the accusation, both as to time and piece, the less likelihood would three be ou the mind of innocence, as to sulicipating such • charge. the testi moray, its that case, would be almost sure to come from the quarter from which it would lie least expected. Now, in couerqueuce of these peculiarities in their case, which were not of their unwise-risen—which, as proles l i 111 l al men, they had thought it necessary to appeal against ou every occa sion—which the wisdom of their Lordships House had laid them under, cusitrary Its I very thing which they could urge to the tuntrasy—it hail been understood that they were to be 'chewed (ream the effects of Owen by some compeasatiog art. vantage, which their Lord-hipa were inclined to bestow, of • more gracious character; and t h us arrangement WAS to mkt place to prevent the jarring...mut of their Lordships' prom ovum They had, in consequence, endeavoured to conform their arrangenteuts to the orders which they bad received from their Lordships, as to the seamier in which they were to appear before them. They waited for this compensation, which was to make up to them those peculiar disadvantages ander which their Landablpa had shought It for the hill,' rests of justice to place thine; bat they little thought that the only advantages to be offered them, I. balance of theme disativaatagroos peculiarities, were such vs were al lowed to every accused party in any suit ; !bey little dreamt, that ,Mr beteg denied the list of witnesses ape" chary' s( met relent, both as to time soot edssance, sad s o. ter their coswouting to proceed ender an anoterstaailing that this defect would he conepenseted by snatething whirb ionint be granted instead of that fist (s. Olson whirl the silossb p em -emlios would be to theist a mockery, and seats tont, loot for she hepa saes hold faith that they wow mew hi be in . formed, " You are lei have wothiag nom than is es.. mon to any other Defendautoonvely thing Ins 1...14 taken away whirl imuhl *Mord yobs any advamap--., have considered of that, and our determination is, a m you can he allowed ma adventagen to make up for o„. diffi ett ilie st ism. «hick we have sisnora yew, whin, err not common to any ether party in every oho snit' were their situation—they wore to be soled No dor pit-to w disadvantages teresiste their note was said in he of a peer• liar irhararter. The meanest they evilest fur souse rousts a. I within Air the imp' dl eneumslasers in whirl the, placed, then she 'bioic was obliged to wherry,. With ,ktf2- ordinary strictness, rules sod pre ordeals, sod tke the IWI Bailey and Nisi Pair* ri.eikl by or memo lo 4,note ed from ; lb. es they could he allowed no oinailtsoes rose each as were enjoyed lay retry other Defendant wbw h .,' an the regitlar advaliteee. of a dine, and ordinary trot . p„, their Loritaliipi. were and observing the miallogy of . 1 law—they were not following bet &violin from pren.l.,,, the meant their own precedents), if ouster encion•ntie.. without say reader dissielorantages an p.rui: • that they bad Stye( been known in the world 114 110 imsginatiou could guess at before they were 1 .,. nomiced—they were not obeying their own preferbilit .! they personnel in adding to all the winhiplird doseadvassio to in which their Lordships hail placed than, the Colour' 1,.r t h e d e r e uee. the denial of the membranous' row sought. I , s t he t,Rt of the Duke of Norfolk every advantage had b e e s g i ns to the Noble Defendant, which she asked for. It was mot true that she bid only been furuisbed will the list of oilmen., soi l the specification of the ciiewoonsons. Their Lard. ships had given extraordinary 'Massages, compared w i th those allowed to any ordinary defendant. The pariterliu, stets el vertu parasite., and fifteen months, le who, Ilse facts were said to have hens committed. " yaws' months to year parishes," said the Unction rare of the prlitioe was allowed by their Lsrdshipti a u d they called un the Doke, iu whisk mouth soul 111 %filth parish each of the acts had been consnotteel r. mound partienlar given in by the Duke contained no amendment ; the Acts were then laid owe July, W.541.n. ; Almost, Whitehall ; September, October, November, cs John's, St. Mnrgarrt's, &c. So that the Duchess meld Windsor and the other places and immediately 'anomie as, of the witnesses for the [hike. It was not tree that he could not riles cone parallel to that before their lAreiships. net, lie to he called ma to state what case resembled it in mon particular., and most strunglyin all impugns, parneolismh, would simile this one of the Duke of Norfolk se 1691. The Dochess'a Proctor attended fur her, who, as their lased. s hips well knew, WWI the ~firer engazeil it • soil of divorce. He would give them the dales of the peoceedings:—th the 14th January an order was given to the Duke to finish the particolers; on the 10th the specific:36ou was pat is: use s h e tons the objections were heard to that specilication; and uu Ilse same day the Duke was commanded to 'moat the particulars. On the 234 witnesses wrie bringht fa ilor bar, whose examinations filled two pages of their Loolahips' Journals, the questions heist as to the placer, combines, and siii'atioss of the witnesses, and this in initiatihr,, their Lordships must allow him In use it term of civil lasi. But was the Proctor there for twilling ? No: be cremeks. mined every one of the witnesses, as to whether their nen sentations of themselves anti their situations were tree or not. Anil what did their Lordships noon ibis? The Moan adjourned for three days the examenssion in chief, in order to enable the Weediest to prepare to meet the mi. doter. It was tint true that he could not be allowed to quote this case of the Duke of Norfolk ; it was not fine tied this Bill of the Doke of Norfolk's had an bearing or afiosite with the Bill before their Lordships. The Bills were boob /lolls of Divorce. The first was an established case—A was the Stat—it was the leading—it was the ease which governed 61 sulisemient cases—it was called in the hooks " the great cue of div o rce." So that leo:arse this care was the great mei only one which could be used as a precedent it a Bill of vorce—because it was established, and had twanise the °sit rule fur all eases—because it was distinguished in the reene's as the one by which all judgments iu siaailar cases ought ti be directed, her Majesty's Counsel were not to am it. lie would say, emphatically, it was the case to which 31101 , their Lordships ought to look. And why would he say *if.' Because circumstances bail since taken place which preens. ed any similar case from occurring until the introdoetioe oat the liftmen* Bell. In the ease of the Da. hem of Norfolk, there were three or four witaessis she swore that they me the parties in bed together; and one of the vitamin aeon to hawing uuexpreholly opened a duos . at IViodem, sad de scrihed a scene so horribly indelicate that it was impossible for him to state the particular. ; suffice it to say, that tie circumstances were staled wilts such peculiarity as could leave no doubt of the act of adultery having bees that cow Pained ; notwithstanding which so material was the cross examinations (not one of which would have bees hod it the Duchess had uut been is possession of the list el f osherwtss“). t h a t they were all discredited, std their ILiareships were pleased to show out the Bill. He (Mr. Brovolnen) went soot now remark on the evidence already given, if may ex sinple of that soet had been set him, he c-onsidered it "mere honotned is. this breech than the observance." No hoar could have set him such an example, neither be was satisfied could any of those Noble Peers who were called to de- ile upon their honour, have given him inch a preeedent, though if it had been given, be should still have 'Wend* from motives of common deceitey, and hr now wientioari the case of the Duchess of Noisfolk only to skew the sd vantage of that sulc whirl, they then laid down, and whin on Saturday their Lordships hail adhered to in spirit, if set in letter. Their Lordships were sow retracting all the sod vantages promised at the outset, and they of his (!Mr. Brougham's) side were now to be placed in the nose sows Lion as to advantages, as if that were an °refinery case, sod they were also to be expand to all the dietufmeatages result. ing from the anomalous and extraordinag mouse of tail proceeding. "But, Oh! my Lords," exchissik the Learnal Counsel, " what monstrous, what crying 'won would it tbe to adhere here to the practice of Courts elfiklediwa is or dinary cases. Is Courts of Law, where it elinbilliels•bis• instanter takes place, the Defendant koowo the Ho% he kaows the place, sod in criminal eases the law gives him the tonne. Such is the way in which year Lordships are to look to the auslogios of Westminster Hall. I base always asked fur that, Rod arm in the twelfth hour -(for I apprehend this proceeding drain to a cln.e) I ask nothing snore, and nothiug better. Bat do tint guide yourselves by rules where they fetter the Queen, and absolve yourselves from them whe r e they a r e to benefit those who advocate this Bill." The Learned Geailessais coos tinned, and said, they might be told that they did enjoy sit extiaordinary advantage, is as lunch as, after the ease ea. opened, they were to have two mouths to provide their wit. UMW'S. He wished be could take comfort from that man- Iteration ; hat he would ask, in au ordinary proceodieg, dil the examinations it chief for the prosecutims go es withost cross-examioatiosi ? Did they go into the aloes of tile Judger , from day to day, and sometimes adjeorsdag for We days, for the purpose of inwardly digesting the soon? psi they go forth to the public liable to lie greedy sisrepresest ed, as indeed they were iu a Paper of that esionnag, whirl suit that the Coronet for the Queen weft's! peepared for the crosnexainiaation of the witness oo &medal, wkn sic began to speak to the act of adultery at Carheuhs, which gm be believed, a deliberate falsehood! He (Mr. Dreoghe., should come with his case after some of the 300 Juane, C 5 posting that Court had read such deliberate falsehoods, andel great disadvantage. Here the falsehood was ptcaliarly stew Emits, as it had some ground; it was a fittiog ow of truth to falsehood foe the purpose of misrepresentative, - and tho' was oat of the peculiarities of the present tsar. Alton al*, be prayed of their Lordelipa to sift a little its detail tie absolute nullity of that pretended benefit, She delay of tai . 4 ntonthe. He :mold Male the role of law is to t=aw e ' nation, and heist pld lo be slopped if he stage& it on 'ink stronger than it ought to be. He woolit suppose the esw otiltatiost of the wit.** to he gone through, as foe Witold, the test wiles*, He kid so !astern& to plable hia i• eater urea his eroos-etsamiststiots. The willows'. sisostioa was ooknowo to hint, sod they bed ceeleopeeity ee mess elertrressitieieg t the evidesee thee ewes pas for td, ;Zai4l