The Sun. — London, England, 1816-05-01 00:00:00

nrtides of his Charges, as hey might 1 ., ~per, be referred to a Committee of the whole Lord Coet.ittAtia observed, that it must be ob vious to the Hot t se,,that wit bout calling in evi dente, it xl-fluid he impossible for them to come to a decision on the validity of his charges. Ass,er- , lions on one side, and ingenious arguments on the other, would not be suffirient for th at purpose.-- He had fully -considered the subject, and was uvoare of the responsibility which he incurred, should he fait to prove hip -charges. In justice to himself, and to the Noble Lord at the head of the - Bench, hir wished the Whole to he examined deeply. The House saw that he did not shrink from inves tigotion. He should not enter into the details of the charges now, for the only way of coming to a decision, was to examine evidence, and he was pre pared with evidence to establish them all. Heshould :lilt:Wore only move, that the articles which con " tained the charges (if partiality, misrepresentation, injustice,. and oppression, against Lord Chief Justice Ellenborough, he referred to a Committee 01 the tshole House. 'I -le hoped that it was not intended to quash the inquiry, and he would then prove that the grossest iniustice had been done to hint, both by misrepresentation during the trial, and by the refusal of granting him anew trial.— An Hon. Member bad said in that House, that he wthild not lay his head clown On his pillow with out an investigation.- lie hoped the House would have the same, feeling, and would not deny hint an investigation, which was of so much impor tance to himself, and to the Lord Chief, JoStift. Ile trusted that, in particular, the illembCr for St. Alichael's (Mr. Law) would be most ready to second this investigation. The question having been' seconded by Sir F. BURDETT, and put by the Speaker, Mr. Law rose, not to second the investigation. lie would not deny that he could not entirely re press his personal feelings; but they , were mctged and lost in the public importance of the question subjected to the House. He did not allude to the . charges on the table ; they were too contemptible to deserve the appellation of important, hot to their object, which was to vilify the Chief .lustice of the country. He should not raise his voice in sopport of such a plan : he should feel himself disgraced and unfit to sir in that House, in which the House itself had declared the Noble Lord .un %sort by to , it, if he should add his name to the few who would support such a motion. He did not • believe that the object of the Noble Lord was to des#troy the character of the . Chief Justice ; if that was his object, he had only to load him with his praise instead of his censure, but he wished to vilify the administration of justice in the land. Mr. lionacß called the 1100. Gentlemen to or der. It was contrary to all order of the House. t hat qtl Member in his place should charge . anotAr Mil. Member in his place; and doing whait'he conceived to be his duty, with a wish t o 'airy the administration of justice, or with any other improper Motive. Me, LAW resumeo. It was far from his inten tion to infringe the roles of the House on Oils or 'any occasion. The flon. Gentleman then pun. cee,ded to take a review of the Noble Lord's Charges, and observed the Noble Lord seemed entirely to have mistaken the nature of the duty of a Judge. lie (Mr. L.) considered, that it was the (hay of a Judge to endeavour to - class, the evi dence, and to direct the Jury. It was not the duty of a Judge to leave 'an inexperienced Jury afloat on the ocean of doubt and uncertainty, nei ther was it. his'duty to become the advocate either of plaintiff or t,lelendent, but it 'was his duty to take a middle course between the parties, and to endeavour to direct the Jury, to the best of his judgment, to a right decision. Such had, in cis itl►i 's no, been the conduct of the Noble Judge on this occasion ; and if there should have been any error on the part of the Noble Lord, it was only the error of human nature. Only one being wits dr could be considered as truly free from error ; that was• not an earthly being. If the Noble LOrd expected to find perfectibility on earth, he de ceived himself ; and if there should, in the course of a sununineup, where the expressions of a Judge must be those which occurred on the instant, should it even appear that some of the expressions • need were-not such as would have beets introduced Into a speech 'delivered after a long and mature • consideration', were snch expressions to be made subject of impeachment 'fbe Hon. Gentleman proceeded to comment further on the conduct of Lord Cochrane, who, he observed, was the party convicted accusing his Judge ; and concluded by vb,erving, that he would cheerfolly, on this oc casion, leave the character of the accused in the bands of tbe,House, fully convinced that, in con sidering the character of the Lord Chief Justice, the House would consider its own and, in-so doing, would dismiss the charge with the indig nation it merited. PONSONBY Said, he was one of those who, on It tovnier occasion, voted against the motion for expelling the .Ploblc Lord., Whether that vote was right or wrong he. was not now called on to enquire; the subject, then and the subject now were entirely distinct—the present was not question, against the Noble Lord; but it was a motion of impeachment 'by the Noble Lord against hit Judge. If it could ever be suppo4ed that a Judge deserved impeachment, no man could he more ready than he would be to second that Impeachment ; but. where were the grounds on the :present occasion. The Noble Lord had tie sired the Houst would proceed 'tin reponsi hiiity. The House, could not look at the Noble I,4nrd's responsibility; they nmst proceed on their 'Om) responsibility, and must look for facts 1:6 justify them to the- country, should they sopport the Noble Lord. He had on a for Mer night said, he could not discover the jus tice of, the rule which refused the Noble Lord a new trial becatise all the defendants were nor preceat in Court ; but it was a rule of Court, awl therefore ro adhere to that rule was no crime on ihe part of a Judge, He hail-ever heard it held that no charge should be held against a Jintge, unless nn the grounds of criminality ; and he tvuold atii, looking at the charges now exiiiiiited, where was the criminality ? The first charge was a chaige that Lord Ellenborough had °Meted" the trial it; . adjourned at 3 o'clock, after having tieard defelidaste* Counsel and refused to hear Po-nut/thy) -.. ___. Cols case frequently, but was 'obliged to say lie could not seemly thing ilt this atijournment of the Trial injurious to the - defendant. On the con trary,- the Judge had .certainty the power of ad journing a trial at any time, when he should con sider it for the interest of Justice to do so. the present - ease„ he had ordered. an adjourninent at 3 o'dork in the morning, and that immediately after the defendant's Counsel had addressed tlie • Jory. Flow, then , did the ury separate? Cert ainly not (tn, dvrcircumstanceihjurions to the defendant, since they 'departed 11 iil the iinpre . Ssion our their n recently made by the arguments and eloquence of the detendant's Advocate ; and, with -that inn pression unimpaired, they next morning, assem bled to hear the defendant's - evidenee.--;;Mr. Pon sonhy then proeeelled to a review of the other charges, and conekuled with declaring, that, af ter a most attentive consideration of alt the charges, he was ready to prinest, most solemnly, that he cotild see no grounds for carrying up.the impeachment, or fOr. the House taking any step which Could in the most distant titanner impute to the Noble and Learned Judge oppression or in justice towards the Noble Lord wino had preferred those charges. SotAcyrolt-GENERAL admitted the neces sity of watching the comluct on the one liand of the Judges, and on the other of upholding the administrators oflustier, when Justice is duly atl rxministered. He agreed in, 'opinion with the Right lion. Gentleman, that it was necessary to make out to the satisfaction of the lkonse, that - the stream of justice had been perverted' by a state meta of facts- - on the face of the charges against the accused.. ,With respect to the charge of ad journing the trial, he, for one, at a lute hour or the night would have intreated him to go on, when. the. whole of the evidence was warm in the recollection of the July. But in this case it was * tor the advantage of the de fendants that it should he adjourued. The Noble Lord had told the Learned Counsel for tee defen dant, that he would rather hear his Livening ; and he did so for this 'raspy), that if the defendants were really delinquents, they should not have an opptirconity to shape their ase toisqnare with the evidence adduced against them. There was not the slightest reason to ilepote either corrup tion or error to the Noble judge., , The'other ' charges generally imputed miscondect at the trial on the p;trc of the NOttle Judge ; and what is very extraordinary, on the motion tor a new trial, atlithvits werehrought forward to induce a new trial, imputing fa2ls am: conduct on the trial which really did not exist %ellen he was trying the cause. The only charge of mistatement was in respect to the evidence of Alexauder Murray ; and to respect to that evidence, it was' alleged, that - , in addregiing the Jury, he drew a wrong infer owe. But who wits the best judge of the ill fference to be drawn front the evidenee 4 -DCertainly the Leartved Person before whotn. the evidence was given, and who alone. , , was the real judge of the weight of the evidence. - - The Honour able Gentleman &mold nut conceive, bet for the p m - I ,,, sei of p u blic justice, what ,it could' be to him what became of De. Berenger,. Cochrane J oh nsi unt., Butt , or the Noble LorW himself ; yet, dist ributiug the right measure ollust ice, he .was to be charged with corrupt couthiet-44;k, he its , peached, and brought to the liar of this Housi4-- when no one fact bad been proved. against hi m .. Time Noble Lord bad fdr a series of„years held judicial situation, administering sturdy justice, if he might so call it, without the s+,ealow Of obser vation against him ; and now it was to be eXpected, that upon arguments only, and not facts, he was to be impeached. The lion. Gentleman eine mettle(' on the evidence, and contended, that it would be an' act of injustice to the Chief jaStice, if the House did unit immediately iiegy.tive the [notion for going into a Committee.: Sir F. BueneTT said, it was impoeslble to en ter into the question without going'. into the winde of the case, affecting the inuticettcy of the Noble Lord who had imlfered so notch • "He should Feiss over the, inconsiderateness of the con duct of the lion. Gentleman (Mr. Law) allowing him - latitude for his feelings, anti the common place observations of throwing discredit on t.ime Judicial Bench, by the entertaining of the„potion, that those observations, were futile, supposing 'there really were causes for cOmplaint against the Chief Justice. The Hone Baronet then examined the charges. With respect to the adjournment, the Counsel for the defendants desired it, is their physical powers were inadequate to do justice to their clients, therefOre . the tirade of time Hon. and Learned Gentleman fell to the gronnd as to the advantage to the defendants. The Learned Judge stated, as a reason for compelling the prosecutor ,to proceed, that certain Gentlemen in . Office could not conveniently attend the Court the next tlay.--• Here then was-a ground for partiality. Noticing the comments of the Learned Judge on the dress of De Berenger, when he presented" himself be fore the Noble Lord on the morniugofthe fraud, be contended, that there was no proof that the Noble Lord was aware of haviug„' as the Chief Justice expressed 4 ‘ hunted down the game, and caught hfm in time skin, and in the eos• tunic ot his crime." With respect to the red and green tinhorn), the only tittle of evidence to fix that knowledge upoe him was the hackney coach man. He understood that the •:.iitimelt Exchan ,, a Committee offered money tor evidence. [Here the Attorney•Geutral called' the Hon. Baronet to order fur asserting, 1%4 he understood, that the Coachtean re. ecived a bribe as the purchase c 4 his false testimony on that occasion. The Learned'Gentleman was then himself called to order by Sir Francis Burdett, who resu;ned his speech.] The Honourable Baronet proceeded with his comments" shoving that the Chief Justice might have erred, as well es Crane, the hackney - coach man, for there rettainly was doubt us to the uni form. The whOle question is, whether the case of the Noble Lord had been fairly considered (without entering Tinto the consideration of the weight of the charges) ? 'ha thOught not ; and hiving duly examined the evidence, he was for going into the Committee ; the question did not timely affect the Jodge, it coneerned the motion collectively. The ilon. baronet condeninot the practice adopted by Courts of Law, of not granting new trials, because some of the con bpirdtors were not in Court at the time he applied for rehearing. With respect to 'Lc conduct 0.: a: time 4 ,,,Noble lodge, it had proceeded on mistlirec tiOn to the Jury, in his opinion ; he complained of the want of condomir In the Hon. and Learned Cientleman (the Solicitor-Geoeral), in selecting .the we;mkest parts of the thirteen charges. Sam ples in general: weri nova correct- view of the bulk, and he would venture to say; that it the House went into the Committee,i, they would be satisfied of , the truth of whet he contended for.- The ATToItNin7Gr.NMIAL observed, that many persoas had thought the .House had paused too long before'the matter had been considered . : he was, however, of a different opinion. When the .Learned Judge heard the decision of this day, be nomild feel himself proud to find that there was no one disposed to uphold the charges against the Judicial Authority, with the excep tion of time nufortunate convict. He defended the coarse pursued by the Learned Judge, and ob served, it was unfortunate for the Noble Lord to have his NAN:agile, the Baronet, for defend er; in respeetto the dress of De Berenger—the strong continents about time game and time skin were en grafted on the evidence as to the fact, and there fore he did not °instep 'his duty. In the affi davit of the Noble Lord, voluntarily made, he bad descmilmed, the dress , of De Berenger to be diffe rent. Time Leatned Judge had observed in his charge--" Did. it not occur to the Noble Lord to ask be Berenger why he appeated in that dress." to'did to , t the Noble Lord give De Berenger an' old black coat tai go on board the Torment to get out of the way ? he contended that the evidence of Crane was sufficient to fix the knowledge of the dress of De Berenger on the Noble&Lord on the morning Of the fraud. With respect to the moomion for a new trial, the Noble Lord had been beamd by the Court, composed of some of the most 'plight hien-that ever sat on the Beoch of Justice, and they reviewed all that had passed 'at , Guildhall before time Learned Chief, and confirm ed it, Sir F. DUIMETT, in explanation, denied (as had been stated to the Jury by the Chief Justice) that De Lierenger had appeared before the Noble Lord blazon«l in the costume of his crime. Mr.LIARHAM waS-CooViriCed there was not suf ficient grOnnds for going.into the Committee. In saying this, he .did not shrink from again express ing his conviction of the innocence of the Noble Lord, which lie had expressed more than once. Lard COCHRANP,, in reply to the arginuents used against his motion, contended that if the House would hear evidence, he should Ise able to prove the charges. Nor would he wish that the bitter. est enemy that he had to imother enquiry, if he had Stood charged'. If he had been allowed, he could hare shewn that some of the Jury, from the extreme length of the,cuquiry, were in au state of sropetaction. With respect to certain observations of the Chief Justice, as 'to the inducement to commit the fraud', they could riot apply to him, for the whole of his loss could not have amounted to one shilling in the und'of his 01'0'11011S gains.— On the subject of 1e Berenger's shifting himself before he came to till (Lord Cochrane's) house; Lard Ellenborough, he contended, passed over the portnianteau;, which it was proved De Bereft per had with him;, and such neglect as that, its the SglUMiog' up, .waksoflicient to Jus,rify the in quiry 'be, (Lord COChl'ane) . sought for,. Without such a n inquiry it would be - impossible for the lloube to iudge of the facts he' hod to lay before :It, He was, however, detersuined not to ceasf tnitifheisid the Whole of this matter before the public. The Callery was then cleared for a division, when the number was-- Ayes Noes Sir FRANCIS BURDIUT and Lord tOCURANE were two of the Tellers. The House was count ed, but in point di fact no division took place.— The Gallery was re-opened. Mr. Pot4soNrsi - said, he had . been accused by the Noble Lord (Cochrane)Withnot having made himself master of the Cbargea ; 'but he ctOuld as sure the Noble Lord; that tie had read them over thar day. The House had determined to reject these Artioles of Charge; and now it was for Like House to say, whether it would stiffer those Ar ticles of Charge to stand on their Journals, or to allow theta to remain unsupported and tintomuled as they were.. In his opinion, it followed. as a matter of course that they should be expunged.-- Ile then moved that the Charges he expunged from the Joittuals. This course did not prevent the Noble Lord from proceeding in any way out of that 'House he Might think fir. _ Lord CAsTt.ettv.hoii seconded the motion'. He thought the Right }Jon. Gentleman had taken the proper step with respect to those charges, which ought never to hie been brought before the House. He trusted that the vote of the House, being unexampled, would be a sufficient proof of the purity of the Noble Judge who was the sub ject of these unfounded charges. Lord COCHRANE said, that none of the charges bad been refuted. Posterity would judge of them, independent of any consideration of the opinion of, that llouse, Ile pledged himself to bring this business before the House -year After year, and on all occasions, Sir P. 13u1wi'rT did not oppose the motion, as he viewed it tar the necessary conscquenee of the decision come to on the motion of the Noble Lord. The question was then put and carried. The other Orders of the'Day were disposed of, and the House adjourned. Great reductions. of Naval Establishments are :daily tarclog place Goth abroad and at bode. No more ships will be re-commissioned; and the umnber of those already in commission will be considerably diminished. A reduction will a l so take place in the respective Naval Establishments in the Mediterranean, East Indies, and SVest and a number of Flag-Officers, at present in employMent, will be ordered to strike their respective flea. The stationary guard-sitips lit the different ports are als6 intended to be reduced in number and complement as soon as the service will admit. CORN EXPIIANGE, MAY l.—We had but few arrivAls this morning, but what was left aver from last day was equal to the detriand. The few sales made in .tine, tVlieat ac o l Oats were nn as gotol terms as on Unntlay. Ittarley 411 d, Malt was eery dull. In Pease ; Means, and utber kinds of s.tiere was tio material vat iatiun. ..~ . FR'ENC H PAPERS, [RECEIVED THIS MORIi!NG.I CHAMBER OF DEPUTIES, Arm 27. - M. De Corbieres made a report in the mime* the Commission for examining the law of Divorce. After some observations from a few of the Mem hers, the Chamber decided by a large majority that the discussion should immediately begin. The Articles were then successively put- To t4te vote and adopted. Of 236 who were present, 225 voted for the law. cftl The sitting adjourned till Monday, to heai-the different reports relative to the exchange of the Barony of Fenestranges belonging to the Duke of Polignac, and which bad been annulled by a de. 7 i cree of 1791. ' I PIOUS, APRIL 28.--The Sing went out to-day at three, he continues to enjoy 'good health. II The Princess Esterhazy arrived at Paris on the 22d. She shortly sets off for London. The Bavarian General Halermann with ar.na troops is on his way to Landau, which placcoe f is to occupy. The second treaty between Austria and Bavaria was signed on the 13th at Munich. The King of Naples has restored the unsold property of such of his subjects as were declared etnigranti by Joseph 13sionapacte and Murat. General Mouton Douvernet submitted yester• day to his first Interrogatory; %%ilea he was ag,tiri conducted to prison. - The Jews of Hanover have obt tined permission to live in Altstadt or the Old Totvn. Until the the present ‘ time they were only allowed to dwell in the New Town. They write from Altona, April 12:, that General Lallemand, the younger, has embarked on board a► ship in the Elbe, bound for the Ul►ited States. A wine merchant, who had endeavoured to se duce'two serjeauts of the Royal Guard from their fidelity, has been condemned by the Tribwml of Police to two years' imprisonment anti a fine of 1000 francs. ~' J • Two English soldiers of the garrison of Valera.; defines have been condemned' for coining base money; one of them has' been hanged, another is to be confined two months in prison, andithi two others were acquitted. • DRRSDEN, APRIL 16.—The marriage bf Prince. Leopold with the Princess Charlotte of Wales has produced more intimate relations between our Court and that of London. par King will sign the marriage in quality of Head of all the Princes of the Family of a PR TRIVIDURGI-F, ItrAacit 21.—The Prince Royal of Sweden has been indisposed. His teeovery excited the most lively joy. The Gazette Of publishes the folloning article :-- " Mr. Knox lately said in the English House of Commons, Rusiia is S'errpowerful. Let the extent of the country stud. Its population be considered; she washes her right hand its the Black Sea, and her lift in the Baltic.' It is astonishing , to hear an Englishman speak thus;, who washes both hands and feet in all the seas of the universe. Mr. Knox has a sinecure of 10,000 sterling per annum." Vitt titNA, APRIL 17.—We understand that Count tie Stadion persists in his system of free import 2. lion of foreign merchandize. He considers it to be a means cf producing emulation is the mann. tactories of different countries. The accounts we receive from the frontiers of Turkey are very satisfactory. The cordon has been removed from Racsa, and Jassearovacz. The same is to take place at Dahiecza very shortly. ' MAYENCR, AMU. 20.--Tile Provisional state of the countries on the left bank of the Rhine is about finally t&cease. The definitive possessiors of Landau, Worms, Spires, Deux Punts, on the part of Bavaria, and of Kreutznach, Alzey by the Grand Duchy of Hesse D'Armstadt will take place on the Ist of May. 1 CAMBRAY, APRIL 25.—The presence of the English Army does not protluce mueh animation. The Officers very rarely appear in society, and spend very little. _Thii excessive economy very much astonishes the French, among whom the prodigality of the English was proverbial. FRENCH. FUNDS, 5 per Cents. Bank Actions .. 106 G I. 13RUSSILS PAPERS. Itostr, APRIL 10.—The want of money becomes every day more sensible. The concourse of strangers increases the consumption and the dear• ness of provisions. The bread known und er t he name of paHiotta weighs now only - thre e ounce ' s. Several bakers have been arrested. [From the rtgilmit.) The Criminal Court of Istria has condemned to the penalty of death the Curate of Ospo, name', Francois Tomaz, ant two of his accomplice , for having assassinated Theresa Gehula, wiclo aged 50, who hail given up her property to the /bald Tomas, on condition of his providing for her amiutei.ance, results .from tile detail& of