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

I months uncontrailicled, sine; that sot it a toasequence of tlw distance from the place of motion (far whatever of incom e-relent...resulted (sum that he admitted meat fall equally on all the parties) Had their Lordoltips granted the delay of too months at first, with a 'predication of the places, so that the ten months could have hen employed before Ike inquiry began, instead of when it was half got through, tome of the difficulties could have occurred. He would Irisc been able to cross-examine the wituesses, mitt should have had no reason to complain or ask their Lordships to ,h any thing unusual. It was very easy for Noble Lat.ls to say, " Do as is doe, in Contra of Justice," -old to descant on the great evils arising from a delay in. iri stsiug between the closing of the ease fur the prosecu i t ot% and the tommeurement of the defence; but those who ta11..•1 in that way were perhaps ignorant that in a civil aro toi there was such a thing as a declaration. and in col a,. proceedings an indictmeot or information. Ihe oin taw et which, with its *dittoes, our law, less judieiuns than duct el other countries, and one ancestors less wise than 4.•1:10 of their d dant", thpught should enable every los t, put on his stint to give sonic guess at what was laid le his charge. That was the essential difference between r.. 0., in Courts of Law and the portent, and therefore it on: that in ordinary cases there was no injustice is calling upon the Defendant to go ow the moment the case for the prosecution closed. As to croas-exansioasines, be would ask if there was any one of their Lordships who imagined there was any thing in the education, habits, or dross, in which Counsel appeared at their Lordships' bar, to ena ble them to croos-examine without some previous knowledge of the witness? Very few of their Lordships would, he was permaded• fall into arch an error, bat some of the casidid tool well.infornied might, from want of professional habits, have misjudged the advantages of crout.exaasioation. Hav ing stolid this, he would now pet • case to sleek how use. kits was that delay of two mamba, the advaatarres of which had lows so much spokes of. He would suppose that in the course of the seat two months he diontel discover cir enntotances destructive of the testimony given bya partien• kr witness; suppose he should discover that the wit ness hail received a sum of mosey for giving evidence against the Queen, and was to receive a still greater sum on the conviction of the Queen, that is the passing ef the Rill to be a cowl' • precedent to payment of the Homey. Nothing he thought could he more utterly destructive to that evidence than such a discovery, mid yet Learned lords knew (that under the rule of Jaw to which he hail before alluded) he would be unable to offer evidence of•it till he had first cross-examined her to the roust. Riff there were a Hummed f disqualification besides bri bery, in moue of which he could call evidence till Ite had first cries-examined as to the point, then if the witness admitted t he fact, he was of course disgnalifirsl, and if he dritittl it, then evidenre might Ise called; hut in such • grime case their Lordship" would perhaps say , they stould 'dhow hint to revel the witness, but how nsaay other ways were there of impeaching a witness? Coranter-drchwat nettle by that witness came indubitably within the rule of la* ; if he hail a clonal of witnesses to prove that rout l terrleleration, not one could be called till the wit. tat--sus hot been crok-examined to the point. That .140, it ntirlil br said, would fall within their Lordships' rule, and Isis ;11,-. flrougluten) testimony would thets.be let in. Ile ap praltd to the Learned Judges, who knew how many coin ter-declarations, how many hints to awaken doubts of Cl/1111 • IfT•lleflarititni*, how merry points to support it, came out in the course of • sifting parok cross.esaminatton. The Coons,' felt his way, one point fails, and he does not prc-s it; another is tried, it proves good, and he purowes it, hut if, as was now proposed, he was nut himself to erns'. examine freely, but first of all to apply to their Lord daps, and state too them the questions he meant tle ask, and all that in the hearing of his Learned Friend, who, although lie appeared there for 'Nobody, yet had at least displayed as notch real as if be was Counsel for the King in an ordinary prosecution; •••1-- as an Advocate mad be ex pected to teke advantage of the disclosure which lie (Mr. )tronehain) would would be compelled to make—wheis be would ask was there seen in a Court of Justice, since Judges were wise and Centime' were undaunted, such • situa tion of things as the Counsel expositing his points before the adverse Counsel ?• Unless be were allowed to pursue it freely, It would be a mockery to tall it a cress-examination. He regretted that after all the hopes raised their Lordships should 110,, dash the cup from their lips by insisting out their citing on as if that were an ordinary proceeding. If they (the Counsel) were to sit there day after day, bearing evi dence without being able to crow-examine freely merely to grace with their corporal presence their Lordaliirs' pout ceil ings, which insist he the cave if that ill-omened resolution were adopted ; their Lordships would at least allow them to revise their two Resolution which first brought them to assist at their bar. It was nut on any technical object ion that beset up this argument, It was on what their Lordships must have full knowledge of, the mistake in their Lordships' proceedings lln the mope, when they hail adopted • Resolution out Jay, and reecintled it the next, which might to make them take rare fur the future how tiny stripped the acentwel naked. Ile did not arldrros their Lordships in the teckuocal (torsos of the Courts in Westminister Will, but he addresser' them as not Irving hound by any particnlst or fixed rule, and wishing they wooed bear ito their mind that the Royal Party accused by Government had been deprived of a list of the witnesses stotakto her by • vote of their Lordships, which in a court of I tw she would be entitled to, which he might say womb' bare furniehed her with the history of the triturator, the strutters would wit be mildesd to call any wit ness that els , ' not appear on the face of that list. Here the poly was proseeeted by the State, and would it be allowed that she al Id be accused by the evidence of wit. tosses •f whom she knew nothing? There was nu Court iw thirope where lie accused was lint in pnssesuun , SIM slid out know in part the evidence to he produced against them. lle 'oppose, fur instance, there was • relation of any of their lordships travelling in Asia or Greece, and was 'Le eward, how would lie or she know who or what the witnesses were, except by a cross-examinatitm of them ? if having lois elicits by his side, and she told him all that the witness lead said was false, should he he deprived of inquiry i n to it lweause the witts l had left thi it Lordships has ? Would any ma is he hold enough tell him that in a Court below, even after a Judge, had summoned up the evidence in a ci Wank' case. and the Jury hail retired to consider their err. dirt, that on fresh matter of defence coming to Isis know ledge, that lie would be denied by the Court to go into the new defruce? He demanded then that he should have the right to etarnine the witnesses, first, as to who they wire; and if he mould contradict their evidence, he demanded it as a right that he should be allowed a kennel time to cross examine them. He might by letters received from the Con tinent, or distal.. p iris of this coantry, hear of facts that would completely contradict the evidence glen, by the wit ness: but it was not on the 1'1,144,61y of letters that liccotoltl go into the ertsowexamination, he oleo have time to see if what were Matta h, the letters could "Ise s u kaatitiated as facts. It wool." be recollected by their lordships that this was a case in which they knew nothing of the witnesses until they came iiitoColllll. PVl'llol.ll of his profession were often laughed at rite their technical forms of law, hot if their Lordships deprived Custom.' of the right of crass-es staining wit, second time in a case like this, which went to dell, ttttt c the Queen of England, on acroutit of a mere technical foots, it would be for them to hear the weight a such an ect, awl it was 11111 for him to say what the l'lln• sequences were that might poured front it. Thus was nut the first time her Mairsty had been accused, but before she had a guard of protection over bet, and how did her royal father bring lien innocently out of it? It was by tau oilier means than comparing the evidence of witnesses one with the other, which proved the falsehood of the accusal • If what lie ha." asked had Inn lies n refused, to be put to pos session of the uncertified papers ip the green bag, he would have been able 10 bare gone through the cross-examination of witnesses et once. Some of their Lordships who had sat in llw Committee tau Ilse Given Bag kart put questions tun • formalism whielo they had derived front that sourer, then shy should her Majesty's Couueel be. deprived of the same atney of niformatoute and by their being so, her Majesty was deprived of the last part of her defence. When be and his Learned Frieuds were vaned on to discuss Ibis order it would he market. .1 by their Liwashi pa that they came prepay "' toilette another. tht the present ureasiuss it was to he taken • that they were to rotor's"' against no order, that they were, to • suppose was made in fatter of the Counsel of the Kiog ; all keratoid say was, that he and his I.Coraed Primula who acted with him, were always ready to ae r ie the propriety of • iluestion being pdt to a witness, let that question be put by whom it might, but it was the first time he knew Comore' to be called us to argue, whether en order of their Lnedoehipy wee a proper one or not. He womb!, without fear of con tradiction, my, thst by this order the means of defence were withdrawn from his Royal Client, if Inch restrictions were kid on Centaseel. He, therefore, clementlyd on her part the full cruswexamination of the witnesses. It would be much better that the amplify should last for the summer months of the next 10 years, than the, shooed lay demo such • rule. It would be much better for their Lordships to act on the unwritten law, than on any heed rule; tor the former was in every honest man's breast. Ile, there fore, had no doubt that their Lordships would not tie up the defence of the Royal accused by such a rule. The Attorney-General stated that he would have supposed From the grimness's of Isis Leanly! Friends that their Lind shim were abont to adopt some new role tooknown to the judicature of the country, instead of whether they west now 111 depart from that role which had been made for ages. The true question was, whether they would deviate so far front the fixed rule as to relax it 011 the present occasion. The hardships complained of by the Leein eol Counsel were of the generality of the charge and the denial of the list of witnesses; it was more of elect:inane lion than of actual complaiist; in en indictment, time and ; place were certainly technically mentioned, but the limo 1 mad place there mentioned had nothing to do with the pe riod sad place where the crime was Colllloiiiied except sit cases of high treason, and there the Act of QlO ell Anne was sot acted on until the case of Lord George Goo don. Mr. Justice Foster at that thins deprecated its being introduced, amid hoped the Legislature would re peal it. That Act, in his (the Lammed Attorney-(iene ears) (*iron, had done much mischief to the accused) ••••(11r when a list of witnesses, coosisting of 60, was given, perhaps there were only ten produced to installs the accusa tion ; but this was the only solitary case is the law of the country where a list of witnesses was given. The act assimilated to this proceeding, that of erica. con.; they might go over the distance of six: years, and no time or • place specified. The use of the Duke of Norfolk, odic,' much stress had been laid on, in the Bill there it was only slated that his wife hail committe d adu lt ery, without stating with whom, or what time. The Ducheso.complaiiied that the name of the adulterer was nut mentioned, and instead of the time of •the adulterous connection romplained of in the Bill being only five or six months, it was five years. It was they who came now to ask their Lordships to infringe that role which they had before laid down, and to establish one which would he subversive of every principle of justice, not merely as applicable to this case, for he did nut wish to confine the view of its operation within any narrow limit., but as to its general 'operation is, all cases which might oc cur. They had availed themselves of their Lordship.' 11111111- gence, and had made their choice of the option given, whe ther they would have Majucchi recalled and creiss.exaonilied then, or whether they would wait few a Noire occasion; they had chosen to have him examined at the time. Ile Oise Attor ney-General) mentioned this to shrew, that it had never been intended to shut them out from the after examination of any witnese, whenever they could chew thet ciocumstesteeis had reached their knowledge, which, in their Lordships' opinion, rendered it necessary. But even this was an advantage never allowed in any other case—it could be claimed as a matter of right. No doubt a Judge would, upon applica tion, recal • witness, and put any question dictated by cireumitances which any criminal might wish to have put, or any Counsel might suggest in his Loewy ; but it was never vet thought of that a witness should be recalled for the purpose of teeing cruse-examined when the case fur the prosecution was closed. As to the equivalent which it had been said their Lordships had consented to allow for the advantages which would lave been se cured to her Majesty the Queen by any other mode of pro cedure, but of which, by the forms of the present proceed ing, she would be deprived, he had always understood such promise to have alluded to an allowance of time after the whole of the case in support of the Bill had been gone through, to enable her Majesty to procure the attendance of such witnesses from foreign parts as might be deemed ue ceesary for her tleNnce; but by no means bad he ever con sidered it as implied, or promised, the t the cross.examination of any of the witnesses should be delayed until the whole of the examinations in chief had been gone through. Much had been said no the other side of the injurious tendency to her Majesty of the statements and evidence in ea ppot.uf the Bill remeinisog uncontraolicted for so great • length of time, suet great complaints hail heen matte by his Learned Friend, Mr. Denman, of the aspersions and calumnies contained in the comments on the evidence in those paps* which favoured the Bill; now he wished their Lordships could see the com ments which were daily made in papers of the opposite side, on the supporters of the Bill, on their Lordships' Moose and its proceedings, on the witnesses in the rase, and the testimony the, bail given, and he was sure their Lordships would think that so far from her Majesty or her advocates having cause to complain, he and those whose duty it was to support the measure before their Lordship, were the parties who haul in reality a right to feel themselves aggrieved and injured by the comments alluded to. The question had been very unfairly stated by Mr. Denman to be, oleo-tiler their Lordships would now, in compliance with the demand of the supporters of this 8011, restrict the other side in their croosi-examination,to narrower limits than those to which they had hitherto been confined ; but he athrined that the 'question was in fact whether their Lordships would now, in coniplimsee wills the wish of her Majesty's defenders, depart from the rule they had hitherto observed, ur extend it to the length which they called fur, of delaying the cross examination of each witness until the whole of the while yea had been examined in chief; this course, he couteieded, would be most unfair to all the parties: it would be unfair to the witnesses, because, by the delay, they might forget many of the circumstances to which they had deposed in their examinations in chief: mid it was unfair for the party under accusation, because the witnesses would thereby bare time to ievise their depositions, to refresh their memo ries!, and prepare themselves to meet the crieo-esa 11l i l Their Lordships would do well to examine whether the rules established fur the conducting of evidence were founded on priuciples the hest adapted for eliciting truth, and therefore proper to be strictly adhered to, or whether they thought fit to alter them and jotroduce a role at variance with their own proceedings, at variance with ilw rules of all Courts iu the kingdom (by which he did out mean to say their Lord ships were sseetarsarily hound), and at vsriatice wills the practice of their ancestors. He trusted they would weigh well the effect of such a rule, as a precede'', soot ouly in this Court, lout in all judicial proceediege. Fur if their Lordships, the highest tribuoal in the hood, should 13y 1111011 a rule of this 'integre, how yodel silly other tribu nal refuse to admit such a ripe? lbws would • practice he intoodeiced into our judicial proceedings so preg. Dont with mischief, that he could mit but feel alarmed by the proposal, and imperiously called on to resist its adoption. It was with this yew alone, that he bad tree. passed so long upon their Lordship.' attention; he hail only ; to ask 110'01 10 adhere to the establieheil rule, as far as was i consistent with the justice of the case as regarded her Ma. jeety. Fie lump •d their Lordship were not to be deterred by the observation which had been made, of the tendency of the adherence to those roles, Si, fetter the proceedings of her Majesty's Counsel her their conducting of her defeuee, f • deciding according to the justice of Ike case on the broadest Cl/110101 , 010114 of %corral principles. The Solicitor-General trusted their Lordship would allow kin, before he tottered upou the consideration of the argu ments of the other side, to advert to PM ere of the l. which had been made by his Learned Friend the Attorney. General for the Queen. That Lem -gird Gentleman hail charged those whose duty it had been to support this Bill, with unfairness iu llbe conduct of these proceedings. If this (Hoge bad bee. only seldresoed to their Lordship, he should have relied on his Learned Friend the At turney-Getseral's observations as a oulficient answer thereto. But, well as be unikr•tooll from the manner in which, that charge bad been adduced, that it was uwhy addressed to their Lordships, that through their Lordships it might be introduced to amuck whirr circulation, he shoold beg leave to add eumeilsiug to what his Leonard Friend had said in reply to it. Those who hair been charged with the support of this Bill, had examined with the utmost diligence and cartfuluess into all the circumslassees of the case or which it was fousided ; they bad made the brat arrangement of the eta ; donee in deer , power, and they hail laid before their Lord ship the evidence up to the poisl at which the ease Dow Hood, withnial premises any circumstance or &tin: any ar gument which was out calculated, its their opinion al least, fur eliciting the truth aid jestice of the ease. The Queen's Alturney-Gemeed had cempininak and very loudly. of the naiseepeeneMatiosis set teeth in sown of she public pap-rs, it could not bet be ketone to all the world, that if calumny, if misreptesentatiato, if athscusistruction of motives, if ne je/it aspersion were to be foetid on one side, a fell share of all these ow' also to be setae on the other. Atiel Ito MOO could deny that the papers tabula' to by has Learned Friend, the Attoruey.thateral, daily teemed with observations sod comment" of she must s c aoilahoss No d Ithrlloaa oe s is ,e, use their I-outshine themselves, use We proceedings of their Lordshipe House, on the witnesses in this case, on the testimony they hail gives, on these whose duty it was to support this Bill, and us all who were its soy way cusitiertril with these proceedings. It had Tern urged its support of the rode AIM iwoposed for their Lordships' siloptims, that as as. *trivalent for some supposed adesniates to which the accused had in other rases a right, lint a which in this rase, by the coarse of pros-ail. log whirh hail been adopted, her Majesty, it was sail, would he deprived, time should be snowed to prepare for meeting the evidesice in support of the Bill, to prepare for thedefessee and reciter the attendance alike necessary witnesses, and 10 make inquiry into the character and sitwatlon of the wit unser in support of the Bill. To this he would say, that the necessary time welshd be allowed ; it had indeed been pro mised by their Lordships; sot, it was true, hefuee the cons mencement of the proceeding; although s considerable in terval hail elapsed Iwtween the first proposal of the Bill and the belinniug of the iniptiry; but asseirance hid bras given that after the ease had heat fully seated, after the evidence by which it was sustained had beets developed, ample lime would be given to enable those who con. ducted her Majesty's defame to proctor* the attend ance of their witnesses to rebut the charges. But of this arrangemetst they complained; , although every cow. venience would thus be a ff orded them, this they said was not sufficient. They moaned that they should he enabled to discoverciscumstances which would amble them to over turn the evidence of the ',imam, and theref o re they wished the ears eXII/U111•11011 to be delayed, that they might be en tabled to avail themselves of these eirenmstancis. But al though this was a legislative measure, although this augiod assembly wal acting in its legislative capacity, yet did he contend that it was bound by jaidscial forma—as Lord Cowper had said, " Although this House ,is legislative in form, it i• in sobstiowe joilicial." 114.1 them its. quire what is, and "that always has beets the practice of English law in similar cam, In leo criminal proceeding, before any tribunal whatever in this country, is any list Or witnesses r 1111111111 4 .11 to the accused. lie knew that some. times • knowledge uf them did incidentally transpire, which in some degree put the party on his alanli and enabled him to come better prepared for his defence; bait when was it ever kisown that, before any tribunal, a right was claimed of delay, sir time to inquire into the character of any ethical fur the purpose of enabling the aortae', to contradict his ten. tinny? " When they say that we, in resisting this chains, are straying from the course of English law, they are funda mentally wrong." He would puts case morearalogous to the present than any that had yet beets allotted to; that of felonies committed abroad; the bill being found, the accused world he pit nu his trial, and witnesses from foreign parts adduced to support the chimer, many of them perhaps wholly Wllllllll. peeled by and unknown to the pastier, would his [warred Friend's (Mears. Brusigham and Denman) is inch a case apply to the Court for a all sy during the coarse of the trial, fur the purpose of making inquities which might enable ilwm to overturn the evidence of such witnesses? He apprehended they would never think of sorbs course. It might be said that when a person was arraigned liy issilictment, the sasses of the witnesses were put us the back of the isoliantent ; het the accused had to, right to iaspect the indictment previous to trial; he had not eves the right to inquire the names of the witnesses; nay, it must be well known to many of their Loolshi pa that it frequently happened that there was cot the smallest time for such inquiry, the trial briag often proceed ed is the mom nt the bill was breaght down. He trusted he had clearly established that the delay sow called foe could not be sustained by any role of law. But the Queen's Counsel were nut aatiafied with the complaint of a list of witnesses having been withheld, they also complained that so specific time or place, whoa or where the alleged crime had been committed had been furnished them— In swayer to this, he should beg leave to refer their Lord ships to the opening speech of his Learned Friend the At -I°l.'l'7-General, who had well observed that the crime al leged against her Majesty did not COMAS'S in sine or two aim plc acts of adultery committed it so may places, but was one continued sulultery fullowiug her through all her travels, and filling up the whole interval of her acquaintance with or her being accompanied by this Bergatni, •nd, therefore, if called upon to specify the time and place of the commis sion of the crime charged against her, he must necessarily have enumerated every place to which she went is the course of her travel., and Moist have included nearly the whole of the time she was absent from this coon. try. This would have been necessary, became if he hail specified lout any one place. and failed in the proof of that one, lie would not have been allowed to go into proof of any other adultery einamitted in any other place, however numerous the instances might have been in which it bad been committed: " My Learned Friend (Mr. Brougham) has stated, that the role how applied for was that which, goverswil all forms of proceeding, civil or cri minal. (Mr. B chaos here said be had only usestiosed criminal proceedings.)--" I defy him to produce a single authinity in support of his assertion ; tint my Learned Friend *Adores every thing and any thing, founded or ussfutiuded, to make out a ease." Allusion has been made to the specification of the overt sets, and the times and places of their alleged Clllllllll6llll/0 is capes of high treason ; but it is a well-koswo rule of law, that as overt eel laid in one toasty may be proved to have been committed in auother. As to the specilicstion of the time in such cases, it was true a particular date was always given; but it was always alleged is another Court to have been committal at " divers other times before sail after" that date. The only purpose of the permission to revel a witness is, that if she witness have given a different account of the trausaciion to which he deposes at any ether time, tin witness can be called to prove the con tradiction until the witness himself has been examined as to that account. if the Learned Gentlemen us the other side find out that any witness is in this predica ment, then let them apply to have the witness recalled; but the pieseut applicAl• rests on no such grounds, but is s o lely mead W 11/114115131e the existence of sometlinee of the kind. If the cross-examination were postponed, and any doubt should thereby Ire cast upon the evidence, the Counsel for the Bill would feel themselves entitled to ask for delay also to reexamine the witnesses, and to croehezamine theme 1111 the other side; thus would a series of stuns-exami nation" without end, and a multiplication of 'literate lie produced, whirls would have the effect of prolong ing these proesedinga beyond the possibility -of seeing an cull to them. 'file role of law which had hitherto been acted WA had not always prevailed, but was, as ha had shown, founded sue reason anal justice, and mied es Frio elides which could not be departed from without clanger and incouvenience, The rule now sought to be established was unjust in all its relation*. It was unjust to the witnesses, became notch of the effect of a eras-examination depended on trifling expressions and circumstances, which might very well be explained, as many apparent contradictions might be easily reconciled, while the case was fresh in the wit ness's memory. It was also manifestly unjust to the Queen, for ate opportunity would thereby he Worded-lathe witnesses of reconsidering the eviagosee they load already gives, sad pre paring for the crosisesantioation ; and this seemed to be the revue why the rule had beets laid down in every CASIWI, that the cross-ehasnissatio• of • witness should immediately follow his examanatiou in chief. He treated be had in the observations he had submitted to their Lordships, evelleed himself strictly to the questium before them; and be hipped the observations he had made osi the argosneots from his Learned Friends who were opposed tie hie, would satisfy their Lordships, that the role they bed hitherto acted op op to Sat sorday—sitie rule of law which had always bete act ed as, was the only proper role to be observed is this ease. , Mr. Brougham proceeded to reply to the ergemenisof the Mimeo, sod Solleiter.Geoeral, nod revearbsd epee the fur voidable galore of each ao ethane* arrayed wood bins. They had accused him of enakieg • misinsesnost of a use w hi c h h e h a d c it e d ; be begged to mate Itself Laadshipa that ..• of any wilful mistatesiest be *as wholly Incapable: lit it was sea of his tnistatemessts only that Ilw Attoraey.Geietal hail complained ; he had in fact complained of every Ming, awl every body, except Waked their Lordships, of Oros° he certainly did not complain ; bat all else was wrong—every holly was wrong—nobody in fact was or (veld be right, their Lordship. always excepting, but the Attorney-General sod his Learned Frivol and coadjsitor, tire SolicilorGrweral. They hail all the learuisig, all 11w experience, all the ability, all the ingenuity, all the authority, all Hie right, aid iuderd every thing um their side; while all that he sad his Learned Friends who were with him had 111 uppitee to that weight was two bunks; to them, &mewl., they costlidently seferred, on Own, they relied ; thaw two books ware the Journals of their Lurdrhips' House. They referred iis an excellamt and learnetlauthitrilyeertainlv, Cobbeir , Val, rrialr —(4 lanyk) while he mid his learneat Friends (mutilated, have ferlielfar 10 the Journals.; they wheel wpon an itelavo.lextring hint owly the Sohn front which it was derived ; they had recourse to the abriJenteat, and hr was compelled so have recourse to the fall details of the evidence, which lush-tit the Assorney.Geeteral might have produced to convict him (Mr. It ) of the mis statemesit with which he charged him; hut the truth was, that his Leaner.' Friend was wrung in his quoiatien, anal he (Mr. B.) was perfectly right. Nor wail it to be a lerril at that he was so; for he happened measly an hour before, in • roam at no great distance from that is which their Lordships were 'Mine, to read 11w particulars of the case he had cited, in pages 40 and 47 of the 15th volume of their Lordships' Jouraals. It was there staled, that the witemses beteg call ed to the bar of the House, t h e l)uchr.a of Norfolk'. Proctor asked them is I tplestiosis, w Bich art therein particularly set forth, together wish ilea answers to them. (The Levered Gent lens an then proceeded to plead the part imitates from the part of the Journals to which he hid referred, entailment ing on them as he proceeded. It •ppeart il that Ann Bairiuss, oae of She wititeste., was particularly rim miaow el as to her same, cumli ti 4444 , liddrtall, where she had previosialy lived, and traced through all her champs of residence to her lirthe in the service 4.f the Dnke of NIIII flak , *kids was six years previous to the slate of the examination, ou which Mr. Brougham remerked that in that case, like the pertains, transactions of six years preceding were involved. Twenty witwessra, it appeared, were all in like martyr exsmined and sworn, sod • copy of all that had been taken ordered by their Urchin (s, though the Attorney Generale std no order had been made ill the case, to he furnialted to the Machete's proctor, and lime also given to prepare for the cross examination. With respect to the apecificatioa of times and places, tt appeared from she Learned Gentleman's reading, that is. consplimere with Baehr Lordship, first order, the crime i,.il been generally specified, as a d u lt er y committed in certain places then mentioned, in certain months Own also recited: and that spool a ist coed application, particular mouths hail been specified as the times of commitiing the several acts at particular places]. Mr. Brougham then cautioned, that if just ea much inform ation as the last recited order contained had been fensislwd to him, •nd those who were joined with him in this case, they emeld have desired No music, and their situation would have been widely different from that in which they were now placed. Thus much in reply to the Attorney General. He came now to his coadjator, the Learned Soli citor General, and be confessed that be approached him with awe. The Solicitor General was its the habit of treat ing him sod his Learned Friends as people almost too low for his Notice. "Go, go." says the Leafed Gardenia... " You are only the Queen's Attorney General, the Queen's Solicitor General, the Queer's Counsel..—l am Solicitor Ge neral to the King." And jerked this appeared to be the only tire ground of his assumed superiority. Why did he not plume himself oa the advantage of his daily success in this case, his conduct is which was certainly totalled to his warmest commendation. But any eucoasitani from him (Mr. Brougham) could old add eves a single leaf to the laurels he had so gained. It meet be reserved fur she Learned Attorney General to eulogise b(ni, and from such a quarter praise must indeed be acceptable. He must, how. ever, say that his tabours bad been most strenuous and his zeal most exemplary in this case; and exerted ha it was is the presence of his employers, his patrons sad the powers and framers of the Bill, the proper judges of his merit, sad the persons to whom he must look for his merited reward, it was natural to expect that it world sot pima altoge ther unapproved by them. But the Leatied Solicitor- Geoeral in the height of his success did trot forget to remind him (Mr. Brougham) that be still had some little of nature's failings left, tome touch of their com mon nature, for after all he 'apprised they' were of the same nature, still remaining in hint. The Learteed Solicitor- General said that he erred in stating that is all proceedings, civil or criminal, the defendant had a right to demand a lope. eilestion of time and place, and a list of witnesses. This in deed he haul 1101 stated, but he had said, and would now re peat, thet they had always a right to such a declaratioe,•nal to the observance of such particulars as must prevent Breit being taken by surprise. In an acting. for debt, they do soot specify the place of the debt ; because • debt is a debt all the world over; but they do and moat specify the nature of the ' debt, how it was contracted, snit when sod for what. la an action fur breach of coutraci,the declaration must sot tilde ge. serail, that the Defendant has broken his contract, but each particular breach of covenant must be spec4fird and set forth. If any action were brunght of such a general nature as to have any doubt in the mind of the Da resident as to the charge to which he was is answer, there could be so question that a more minute specification would be granted him; for hr would ask if it was ever knows in ibis country that • party was brought to answer without knowing the time and place where the let' 111 l • with which hemmed charged were committed. But this is a criminal case, mod in ninety-aisle cases out of a hundred the party knows, from the place in which he is inspriooned,that the crime will be charged as hay ing been committed is the county iu which the gaol is situ ated; and all that is necessary for him is to recollect all the equivocal acts there committed by hint, and he was thus in possession of every thing necessary for his defrace. In the like maimer an indictment dues not run over a games whole life. He was not charged with having " felonious intercourse." The act charged is specific. Fur picking a pocket, not for having maintained a pocket.pichiag iNiel , course during six or seven years, sad ender the laws, as sow administered, there was hardly au 1111111111 Ct of a man who was pat us his trial in igooraner of the crime laid to his charge. Their Lordships were row about to lay down a rule fur their proceediags in Bills of Pains and Penalties, which was not to he departed from. It seemed to be expelled that Garen Bills were to be so very eoismom, like Road sad Canal Bills, it was necessary to have a particular sort of judicial logic to know how to deal with them, and that therefore it behoved their Lordships to lay down a rule never to be swerved from, and the argument for the inviolability of the rule went so far as to say, better that injustice should be done to an iadividual than their Lordships' risk be treuched upon. Looking to what might be the chances of there being another Bill of Pains and Penal ties against a Queen in the course of the mat century, he might reasonably ask that the rule laid down should be favourable for the Defeadaut. Why should all the cost, the suffering, the injustice, anal cruelly, be applied to the Queen and out to her persecutors? The °Misery presumption of law on which Judges act was, that it were better fur leo guilty to escape than one inaoceist person to suffer; but they were now told, that it is hitter fur ten inuocret to suffer injustice than the House not to have a positive rule. Did he world say, that it were better that this sail ten other Qneens should escape, tha• their Lordships should possess that inestimable rule which was to assist them. lesion lifter Session, 111 trying Bills of Paine and Penalties. It should be rentemlwred, as had been observed by Lord Cow. per is that excellent protest to which he had before alluded, that am acquittal had there could .be pleaded by her Majesty he bar of future proceedings; that Bill might be withdraw*, egad new Bills brought in agile and again. From the evidence before diem, he hod a right to say that where large sums bad failed of bringing forward the witriess,foree had beer. applied to being over the King's witnessai,aad be hada right to ammo that the some force would not be used to brisig over the Queen's witnesses; but front his kwaswkdate of human mature, he thought he might assume that those &strip governments who had so readily applied force to belie over the Kiwi', witnesses, would exert it to prevent the Qoeea's wheelies einem( over. The Learned Gentlemen concluded by les,- Jag the cam in the hands of their Lordships, iwrolved as it was he each difficulties, * that to refers might nom a. go, Coos as pa o'er • as oring their Lardsbips, list the bast 's treams of biala;ll,o4 his Lamm{ Friends bad bees entrlt4 4 to oingiale those didicadties e wod that lbws/ diligent rarrtiout had wholly failed. Tb. Earl of Liverpool rota to move, that the Howse should adjoins till to.runrrow at test o'clock. tie said. the,. was we übseg ratios mode by the A itorwty-Gentral fur the Queen. to which he was magnolia to give ws answer. Wills respect lu Ike Means for Winging Over woo• riser, he resell assure the linage that unlimited fowls erre placed at the digress' of the professional adviiwrs Gf her Majesty. fur the purpose of briniing over her wilmears to Ibis country, mill so advantage was had by the Goverunielit h, re, %Inch was too dorsally enjoyed by het Majesty. A• to eon. Penult witnesses to row over, it was Insawri that in &nor ennuis ire the tkivrrsinsent had nut the pow. r areorilint uselawsn to compel, and in others they bail Ilia idoritAlti:t. man, he aro enabled to slate nu Ike part of the Goveinteteutt principally coerce's. if, that wherever compulAion hail Itreo and as equal rompul • would be used on the pis fof her llajesty. One sof the peacetimes' Geatleture. • topluved na the part of her Mak sty bad been assisted of that fat I, told that If nay difficulty vectored, it nerd im'y he report ed in the proper quarter, mud Cale *wild he taken to have It removed. Lord Erekiste roe tool said, that he ihnocht if would be , the better way roe the Hower In consent to a reaantiable ail jownomment, as proposed by Ilse Cousasel for her Nhjest ; sod even then In give 3 list of the won e int.-m(11 In 0.• reaming...l, with a specificati eeee of the time and place tar which the examination would refer. After hi. I Airil.lop Ant down the House immediately adjourned lull to-morrow, sit tea teckick. THIRTY CAPITAI-R--TIY(► OF elO.OOO, IN MONEY—ONLY SAW TICK! US—EACII 'l') HE DRAWN SINGLY — ALL TO.MORROW. Ti i E BIUTESH PRESS. LONDON, - TUESDAY. AUGUST 39r 18208 Our readers are no doubt aware that the pro reeiiiiigs in the House of Lord. were suspended on Saturday at a very early hour, for the purts o affordinic their Lordahiv, and the Qounirel at ik! bar an opportamty of reflecting. upon lis • nu -t effrelual expedient for ourtnoolistis.g the il,ffiro!t : , in winch they were involved re/peeling the mode of regulating the ero4—rxamination of the witnes.e.. It was suggrvlrd on Suitirday morning by the Counsel fur the QUEEN, that, us her iIIAJFSTY had not been furnished with • list or the witness. whom it might please the prosecutors to roduce against her, it was utterly impossible for them It. pursue their erns-examination immediately on the close of the direct examination ; for they could not by inspiration know Roy thing of the liver, habits, and characters of the foreigners, Gernter.:, Turks, and African., who might in succession ap pear at their Lordships her ; they therefore re quested that they might be permitted, on the close of the direct examination of the witnesses for the Bill respectively, to put certain questions to them, fur the purposes only of ascertaining their places of residence and occupation, and then to defer tl,r• further cross-examination until they had obtained such information respecting the witnesses as should render a cross-examination useful. To this re. quest the !louse on Saturday consented, and fLe ride sous established ; but no sooner did Mr. BROOGIIAU proceed to take advantage of it, in the Case of BARBARA KnEsSE, the well.paid chamber. maid, than Lord LIVERPOOL interposed, and di. rested the attention of the [louse to the Menu eminencies attending their own deci-ion made a few minutes previously, and the Lords were induced to revise the resolution they had al'eady adopted. In the difficulty then felt by the House, it was thought necessary to have recourse to the opinions of the Counsel at the bar, and Mr. Baountism was actually invited to suggest to the House some plait for. their Lordships' adoption. The singularity of the command, and the importance of the anatter, induced s desire in Mr. BROIAIIIAM's mind to co'.- feet the sentiments rif his Learned Colleagues b. tirre he could venture to offer any sugge.tion, and this circumstance fortunately occurring, saved the dig:iity of the [louse from so strange a proceeding. The motion of adjournment came happily to their relief. The Lords assembled sgsin yesterday morning. at ten o'clock, but they had in the mean time re covered front the surprise into which they had fallen on Saturday. Instead therefore of calling in Counsel to advise their Lordships upon the mad. of proceediog they ought to substitute for that which sotne of them began to think was improper. they proceeded to discuss the question withottt any extraosous a.sistatice. The point was one, indeed, • of serious difficulty—it was no less than whether its a case, differing in all its circumstances froat any That had ever previously occured, they should pur sue the obvious dictates of natural justice, and grant to the illustrious accua-d 'vet) , latitude and advar tage in the conducting of her defence which tt c extraordinary nature of the charge would permit, or sacs dice every claim of honour and humanity to the strict observarce of certain narrow rules of crux inal procedure which had been framed, not upon ai.y ab abaci ptincipies of equity or law, but upon past oc currences of an ordinary and contiston-placv nature ? it is to be remembered, or rather it can never be for gotten, that the House of Lords, by the direct rin of the prosecutors, rs fused to the QuEEN a list r I the witnesses. although iu Lord ERSKINE'S motion for this act of common justice a special protection was sclera to the pice.ecutors that the giant of such a list should slot operate to their disservice. it was, however. then generally understood, that in recom pense for this relosai every latitude should be omitted to the QUKCII its conducting her de &Lice. and especially that time should be given for the purpose of enabling her to obtain such infinnutliou us might conduce to a refutation of the charges. Thts understanding =ceded tharinerly from Lord Latreareet.. We it will be said IN 4 I V i #0 n • ,: • . s ~-;. ~~ `, s~