The Sun. — London, England, 1820-10-30 00:00:00

PARLIAMENT, HOUSE OF kORIJS-SATURDAY. CONCLUSION OF THE ATTORNEY-GENERAL'S REPLY. So far was he from accounting for the manner iu•which.her Royal Highness spent the whole of her time .at Carlsrhue, that he left a blank as great as could be expected in the course of six days . ; and to fill up thiS, Vassal' was called. At page 934, in his examination in chief, it will be foupd that he recollected the precise day at which her Royal Highness arrived at..Carlsrlw, and-many other circumstances ; and I call upon your Lordships pa i rticularly to observe that, and to cohtrast his excellent memory in the first in stance, with the failure -1 his recollection on cross-examination. At Carlsrhue his memory is $o accurate, that he knows the day on w hi c h her Royal Highness arrived, and every thing that happened on the follmving days, yet afterwards lie cannot recollect where they went to?from Nu remburg, nor what .they &chit Munich. But at Qarlsruhe it'will be seen from the evidence, he cwild.recollect every thing he was asked. t/o you rememher where you dined on . the day of your an ?—A. I recollect that perfectly. Where was it.?—At the Margravine's. • Was the Princess there ?—Yes. And: Pcrgatni ?—Yes.—Madame Oldi ?—Yes. , Where did you sup on the first day?—rAt the Grand Dulles. Do you retnember whether Baron d'Ende was the Cham berlain of the Grand Duke ?—I remember it perfectly. Do you remember Miele you dined the secund day?—At the Grand DOC,. ' Did her Royal Highness dine there ?—Yes. Did Bergami .dine there rind the Countess Oldi ?—Yes. Did llergaini and the Countess remain there the whole al ternfitm o.• What did they do ?—Bergaml complained - of the headache, and caused his sitter to accompany him to the Inn. - Now, my Lords I call your attention to what follows : Q. Did her Royal Highness leave the Grand Duke's at that time ?—A. She remained with the Grand Duchess. Did you remain ?—I Did you come away with the Princess ?—Yes. At what hour ?—Late in the evening. On the 3rd day where did you dine ?—At• the Margrarine's Now,my Lords, according to Lieutenant How, narn, her Royal Highness dined but once a the Margravines, but Vassali makes it out that she dined twice there. The examination proceeded Q. On the fourth day did you remain at Carlsrhue, or pro aily where else ?—A. We went to Baden. Where did:you dine?—At the inn. A! Baden ? At Baden. On t he (lay you went to Baden, where did you and the suite of ltoyal iii).;liness dine ?—At the Margraviue's.. T his, my, Lords, makes three days that they dined at the Margravine's, and it appears that on the following day they again dined at the Mar- Iravine's, from the examination of this witness. Q: The following day when you dined ut the Margracine's, in what nianner did you spend the afternoon ?--;-A. In amuse ments—in society._ Where was that'-At the Margravine's. About %hat time did you return to the inn that night ? Abuut ten v'elut:k. • Have' the go4ncis to mention what you did on the follow , i.n day?- - On the following day I believe we dined at the Grand Duke's; in the evening we set out, after taking some refreshment at home. Now, my Lards, I cannot but think ihat your Lordships ought to look with great suspicion to the evidence of:this witness. I cannot help thinking that he had seen the evidence of Barbara Krantz, .arid that his memory ‘ must have been yefreshed with respect to what happened at Carlsrhue more than on any other part of the journey. On,his cross-examination he could riot recollect one tin gle circumstance of where her Royal Highness dined at Munich or Nuremherg, nor even the place to which they ivent when they left Nu : retnberg. The questions put and the answers given on his cross-examination were these :-L -54. You have said that you accompanied her Royal Highness to-Munich, and that Bergatni dined thcie at the King's table.; did lie dine there more than once ?—A. Yes. How otter) ?-1 cannot. precisely say. - How long was her Royal 'Highness at Munich ?-1 believe between tern and fifteen days; 1 do not know precisely. Wlivre ; did she dine the first day when she arrived at Mu pleb ?-1 believe at the inn. .Vl'here did she dine the second day ?—I think with the King. Where was she on the evening of the second day ?---Pdo not know. Where did she dine the third t!ay at Munich cannot mention precisely where we, dined every day. Where did she spend the third evening . At Munich ?—The third day I do.not know. Where did she dine on the fourth day at Munich I—l have said that I cannot fix precisely where she dined every day. in re did she pass the evening of the fourth day at Mu nich I—Some evenings we spent at the King's. Some even ings at the Prince Beanharnoise ; but I do not know which cacti evening. Ido not know how to fix how we passed each evening precisely. Do you remember how many tidies you dined with the King at Munich ?—With the King I believe twice, and at the state table of the King I believe two or three times, or there abouts. Where did you go from Munich I—l believe, but I cannot piecisyly say, to Nuremberg. Hew long did you stay at Nuremberg ?—f believe two days. Where did you go from Nuremberg ?—I do not remember. You do not !member to what place you went from Nurem berg I—Precisely, Ito; I cannot tell. Hbw long were you upon that tour ?—I should suppose three months, or thereabouts. Here, your Lordships will-see, Vassali cannot recollect any thing precisely, but then we get to Carlsrhue again, and his lutmory becomes as accurate as ever, and then whed he is asked— ", What makes you remember so precisely where you dined every day when you were at Carlsrhue and you cannot recollect where you dined at Munich ?" When he is asked this question, I say, his answer is—" A man may remember one thing and may not - remember another, without being able to assign any cause."—l remember my Learned Friend, in his admirable speech, argued. that nothing was so natural 'es that Vassali should remember what he had sworn to at Carlsrhue. -0 ! nothing could be more natural. His dining at the table of the Margravine Was a dremt, stance that might be expected to impress itself on the mind of a man like Vassali. But, my Lords, it unfortunately happens, that when he dines with the King of Bavaria, a circumstance equally im yortant-in the annals of such . a person—then, 0 unfortunate memory of Vassali—then he cannot tell any thing of the matter, though he could recollect the most minute - circumstances con nected with his dining with the Grand Duke and. 'the Margravine at Carlsrhue. When contra s like these occur, I cannot but think the 'Witness is, justly liable to suspicion. He was asked— ,kium far is the WI/ of .Garlsruhe from the Grand Duke's Palace ?—I cannot precisely state; it is little—abont three minutes' riding in a carriage. How far is the Margrarioe's Palace from the inn?—Nearer than that - of t Orand Duke. The answers given to•these- questions must sa tisfy,yoUr Lordships, that it was not only possi ble, bat probable, that her Royal Highness might •go home to the inn between dinner arca Supper. The evidence of Vassali therefore does not in any way , contradict this fact; and your Lordships have the positive oath of Barbara Kress that it did take place. The positive testimony of Kress was not to be shaken by the loose recollections ..of these Gentlemen, and the still looser infer ences from them. Holding, then, that the fact was as Barbara Kress . swore, that the Princess and Ber•gami were sitting on a bed, he with his arm round her neck, this was a proof indisputa ble, according to Mr. Brougham's own conces sion, that an adulterous intercourse must have existed between them. -;Barbara Kress had de posed. to another fact, namely that she had found in the bed of Bergami a cloak, Which' she after wards saw on her Royal Highness. This was a fact which admitted of abundant contradiction, l)ut none had been offered. It would be recol lected that his Learned Friend had crozs-exa mined to that, and the drift of it was td shew that she had' handed the cloak to a :Tager, a man which his Learned Friend had described as dres- Sed in green. They therefore knew that servant. The Learned Gentleman then read the evidence as follows : Was there et. oot any body else in the room at the time you made it ?—There was nobody in the 'room except a servant in a green coat, who CA me into the room. Who was the servant in ,greenl—l cannot tell you this ; there %vete two of them, but 1 have not observed them closely; Idu not know to w horn theybelonged. 1-lave you ever seen them before ? Who ? the servants. Yes ; the servants ?—I never saw them before ; may at the tbne when the Princess was there, then I saw them run ning about. Have you ever seen them since I—No ; I have, seen none of them since she left it. Did they not go away with her as well as come with her ? Yes, as much as I have seen they-did. Was one of them a Jager ?•4I do not know this ; one of them had a green coat, but whether he was a . :lager I•have not questioned bin). . - This, therefore, was a fact, respecting WhiCh the ether side, if ,it were false, had it in their power to have contradicted her: They knew all the servants who were about her Royal Highness, they must know whether any one of those who accompanied her at that time was dressed in a green uniform ; they must also know whether her Royal Highness had such a cloak ; they might have called Madame Oldi, and the other female attendants, to prove to whom thateloak belonged ; those might have, contradicted this testimony by better evidence, better than that of Hownam or Vassali, they might have proved the cloak not to have belonged to her R. IL, but no thing of this had they attempted ; and if . that cloak was the Princess's what was the inference which their Lordships would draw from this cir cumstance ? How came the cloak in that place How came the cloak of her Royal, Highness in the bed of Bergami ? No attempt had been made on the other-side to disprove tie: fact or to ac count for it in any way, and that was of itself a strong confirmation of the testimony of. Kress en this point. Another fact she had .proved which it was so difficult to allude to without dis gusting their Lordships, that if the nature of the case had not rendered it necessary, he would have passed it over without any comment—he meant the . discovery of the stains. He remembered the manner in which that testimony had ,been given, and he also remembered the observations or his Learned Friend, Mr. Denman, who had ascribed the, blushes of the witness to the ef fects of conscious guilt, rather than to her , mo desty. But . their Lor . d,ships, he was sure, would feel that the manner in which she spoke of those things, the sight of, which must shock the feelings of any woman of decency, was any thing ,but that of a waman of bad character. She gave„lier testimony in the mcst natural manner possible, and very far from , in, any, degree exaggerating the circumstances against her Royal Highness.-- , - Her behaviour under examination was most, cre ditable to her testimony. She had indeed been cross-examined as to the several places she . bad lived in, and the pei.sons whom she had 'served, but not one of all those .persons, not a human being acquainted with her former life, had been called or examined to throw discredit on her, character. The other side had not been lax in their exertions, they had, an agent at Carlsrhue; who had endeavoured in every way to procure the attendance of the Baron d'Ende ; and would any man believe that he had so far neglected his duty to his client,. as not to have exerted .him self to the utmost to procure all possible infor mation as to the life, conduct, and character of this witness ? and yet they had failed, and not a human being had they been able to kroduce who could say : a syllable against it.. And here again he had 'to complain of that Press which was so' scandalously and infamously abused to the propagation of the most malicious slanders upon the character of this wit-, ness, in reports of speeches pretended or said to have been delivered at public meetings, but which lie did pot believe were ever spoken, cir culating the foulest calumnies respecting her hav ing suffered an infamous punishinentat Carlsrhue. Her character_ was blasted out of that House, but it remains untarnished within it. Every in famous report to her discredit had been,. spread to excite a feeling in the .public mind against her.; every. scandalous rumour that could be in vented, to gratify the depraved appetite fors!an der of the people, who greedily swallowed any calumny, however gross, that had been circulated for the purpose of blackening her character, and throwing discredit on her testimony. But not a single attempt had been made in that House, by evidence of any kind, to impeach the one or in validate the other. Here then was a witness whose character was unimpeached, and whose credit was unshaken. Anti how had his Learned Friends attempted to meet this,part of the case ? Why their Lordships must have laid before them ,a correspondence between the Baron d'Ende and a clerk of M r . Vi zar d, t o skew that although he wished and was anxious to come over,, and that he did not care about the little property he had in Hanover, for nothing Wit 4 fever under which he was suffering would prevent him, which they - said was only an excuse, for that no fever of the sort existed—he was restrained from appearing here by the fear or the intideuce of some person whom it was never attempted te,pame, although it was well known and ackwowledged that this GOvernment lrol4one all...in'their por to get, him to com a. ovt r, Ms tiwtti's 'ow n. Caav'eThTit n tsak AA given him the necessary permission. But he'could not but suspect that his Learned Friends had no wish for the Baron d'Ende. His evidence, he .cotrld not but think, would not have availed them in this case. His memory, indeed, could not have been more particular than that of Vassali. ' Again, they had asked him why he did not call Grimm, a person upon whose character' his Learned Friend, Mr. Brougham, had indulged in an unfounded and slanderous attack, although he knew that he could not be called, because he could give no evidence on this point, for Kress herself had sworn that she did not know him, and he was not in the inn at the 'time. The cha racter of Kress then remained unimpeached, she had sworn to facts within her own knowledge, and which might, if untrue, have been contradicted, but that had not been attempted. At Turin ano ther fact had b,;en sworn to by a witness, and no attempt was made to impeach his credit. He had sworn to facts, to which no contradiction had been given ; and' if their Lordships were not to believe a witness under such circum stances, then no testimony that could be given would ever avail in any case. The Learned Gentleman then read from the minutes the evi dence of Francisco di Rollo, who swore that when returning from the chamber of the dame d'honneur, whither he had been to carry some thing, between nine and ten in the morning, he had to pass through Bergami's bed-room, and saw him come out of the Princess's chamber, dressed only, in a loose - dressing-gown and drawers, and go to his -own bed, of which he drew open the curtains, and the bed did not seem to have been slept in ; that Bergami, on seeing him, called him a scoundrel, and asked what brought him there ; he immediately- went away. This wa,s a fact which might have been contra dicted ; the dame d'honneur might have been call ed to disprove it. His Learned Friends had argued most eloquently that the contradiction was most material, even on the least important circumstances of a case, and yet here was one proof of those habits which were found to recur through the whole of this case, and they had not called any evidence to contradict it, He should now shortly advert to the circumstances at Trieste, the testimony of the cook and waiter at that place, and the triumphant manner in which his Learned Friends had, as they thought, destroyed the evidence of that witness., The main evidence, as to the situation of the rooms, was not controverted ; but much had been said as to the time of her Royal Highness's stay. To contradict the witness- they had the most extraordinary proof, which had been offered bY_Titr. Hownam. It was the letter which Mr. Hownam stated he had written to his wife, dated the 18th of April. But did it follow that, be cause this letter was dated on the ISth, it was written on the 18th, and on no other day ? Vas sali, too, swore that her Royal Highness remain ed olka day and a half ; Vassali, of whose ex. , cejlen,tonemory the affair at Carlsrhue affords such 'memorable proof ! This was the triumphant 'Contrad.l•ation ; but it seemed the triumph want ed a. little, propping ',up ; for . his Learned Friend, with an adroitness (for he could call it nothing else) peculiar to himself, and for the exercise of which the present case had given him so many opportunities, attempted to read a Gazette which he well, know could not be received in evidence, for the purpose of sup porting the testimony of Mr. Hownam as to the time. If the triumph was so complete, where was the necessity for adding. to it by irre gular evidence ? Was it necessary, observed the Learned Counsel, to offer any comment upon such a piece of no-evidence as this? Why had his Learned- Friend had recourse to it, if heeled re lied so firmly as he pretended on the excellent memories of Vassali and Howman ? But why, in stead of taking any rains 'at all about a mat ter of such comparative unimportance as the length of time ' her Royal Highness stopped At Trieste, why had they not rather produced wit nesses to contradict cuchi, if he could be contra dicted, as to the situation of the rooms in the inn, the doors, and the -hangings ? The Queen had doubtless had her emissaries at Trieste, as well as elsewhere ; and if the facts that Cuchi de posed to were not true, there could have been no difficulty in procuring witnesses to refute them. When, therefore, not a single witness had been produced to strew that Cuchi was mistaken in the main facts of his statement, was he not entitled to hold that that statement wai fully established? —His Learned Friend (Mr. Brougham) had left this part of the case with a threat, that this wit ness, Cuchi, should be brought to justice. Such -threats were easily thrown out ; the object of them could not be mistaken. The present was not the time nor the place for discussing this topic; but while it was before him, he should just take the liberty of reminding his Learned Friends that there were others who might stand an equal chance of punishment with the cook of Trieste: Others had tripped in their evidence ; and whether they were Italian or English it was , not at present necessary to mention. He now came to another part of the case, upon which very much indeed had been said, it was the evidence of Vassali ; and here he must confess, that he was a little . surprised at the sarcasm of his Learned Friend, Mr. Brougham, when speaking of Sacchi. His Learned Friend had said something in the shape of a reflection upon the Counsel of his (the Learned Attorney's) side, for the terms in which they had spoken of Sacchi. The observation of his Learned Friend meant to imply, that he (the Learned Attorney) and his friends had repre sented Sacchi as being more entitled to credit from the cir,,amstance of his having served in the army of Buonaparte. His Learned Friend said, " There stras a time when it would not have been proper to pronounce the name of that man with- out a term of execration, hut now a pers° - Of f had served, in his army was warmly eulogisii Then his Learned Friend struck at the ev ide e of Sacchi. Some persons, in ,on t 6 neral observations, often hit them4lves• 4 , 2 a14 notAuppose that the Princess.'nf S` al• a sTlio ..had \been vedded to 11 4 ,11u,sbatid g 4 drkiNt Vas to i\-e - *been at a. &a n d. 01 alliance which had crushed that tyrant t° S. dust—he could - not suppose it possible, tila t io would prefer, above all others . , individuals vi. o o , been the followers of that upstart despot.; ,; so it was, -that Bergami, the favoured Bergii, had been a soldier in. Napoleon's arm! ; . 0 Vassali, her Majesty's Equerry, had; for a t r served under the same Chief ; that Col. Olic! L i r her joint Chamberlain, had -also been a adventurer, raised into consequence by the be . of the Revolution; and, in addition• to t , t facts, that her Royal Highness had thoug''„ i becoming in her, as a British Princess, t o r; sonate at a masked ball, the Genius of rklis ° ' in order to crown with laurel the man wii ° 0 1 one of the thief of that revolutionary ban re, opposing whom thebest blood of her own i lea re , relatives had been shed, and so much of the,,a sources-of that country, of, which. she s'vas s o s about to be Queen; had been expended! %. became (said the Learned Counsel), after sue ' facts as these, of the sarcasm .of his 1-x 3 0 , , Friend ? It could not be said that Sacchi was.„, 4 l deserving. of credit, while his testimony reinin;l r , uncontradicted. His Learned' • Friend/ o f. Brougham, had dwelt much on Sacchi's clial t be his name, which he said was in consequence o ` ti d riot at Dover, although it was found that 1 I aft changed it I.2;months before But it wonl a pear from the evidence, that he did not allud' itle the Dover- riot when he gave the answer t ° first question as to the changing his name. ite said he took a new name, in consequence of oe t 'tumults and the danger he should incur. Them was, he came over as Milani,. and changed ic i, name afterwards in consequence of the riot ce happened at Dover. . But now for the evidl e r itself. Sacchi states that he was a courier t o . t ; Royal Highness, and_ travelled in that caPclss, from Rome to Senegaglia. He is hardly Cr ° ,, examined on that point, although he was cross-e) mined at great length as to his- former situatioo: to his change of name, and other unitive: ; 0 circumstances. • With regard to the journey fr , $ Rome to Senegaglia, Sacchi is, left withoP or , single question. If such questions had been,P ere the Counsel would then have supposed that t°oo was some intention to contradict him; but not being the case, no one expected it wow,, ei 'attempted, to refute his evidence. His Lear i , Friend, In the opening of the defence, had ° c o that he would negative the assertion of Sfi c .,„ e , by a person who was in the carriage at the tt", it , He (the Attorney-General) wished such a h e st ness had been produced ; it would have De pt worth ten such as Carlo Forti, unsupported a 5 Was by other testimony. Now, as to this Cr i , Forti, if he was found to be contradicted by e o r dence on the same side, and not supporte4 it, their Lordships w ou ld se e bow far his e to dence was entitled to credit, in_contradictio li m c the testimony of Sacchi. Carlo Fo r ti s tated P - 0 - he was courier to her Royal HighneSs Whe ri d e Milan, and that he appli e d t o her in consetial . ." s 4 of being out of service at the time. Vassali that Carlo Forti entered her Royal Highno, service at Rome, but provisionally at Lore is That he was sent to -Rome with dispatch consequence of his beingia native. That he ( to sali) accompanied the Princess from Loreti ° i fr Rome, but Carlo fiord set out as a private i° vidual. it° [Mr. DENNIAN complained that the Attorney.Gen e° asr not read the whole of the -answers from the Minute , garbled extracts.] The ATTORNEY-GENERAL thattlied his Learned ' -' l l ll ' fur the hint, and then read the evidence telating 1 0 110:4 st„ ject at some length. Carlo Forti swears that be was Il if i we Milan, and-that he went trim Milan in the service of her a e ff , Highness. Vassali says he was not then in her service. b it , then, Carlo Forti was contradicted at the very outset° oa! evidence. Now, as to the proof that Sacchi did tiot!oal from Rome to Senegaglia, Carlo Fiirti states, that A • !4 he r , went in a caratella, and that lie (Forti) accorofuilc, Royal Highness as courier. The reason stated why A . 1 1 . did not travel as courier, was an accident he 14.21;007 mouths before. Could that, be would ask, be' why he did not ride on horseback ? It *as i n credibt e nv e a man should labour under- that accident two °That' before be was able to resume what was his etc-011 0 r" riding on horseback. I Now, as to the carriae, Catl°.m.< states it was a landatilet, with curtains whi ch drew at• eo He says there were only three carriages, and that Stia'o'slo, out before the Princess. Now fur the evidence of 1 -I° ,ri c ett‘ and .Vassali. Hownarti will not venture to swear that r',,rat' did not travel as courier in that journey. He says, th e : the cots travelled in a landaolet. It was hot weathar, travelled by night; that the Countess of Oldi and Del ', travelled in the same carriage with the Princess, althotig.Oula was hut weather, and they travelled by night. " YO" hr s bare thought," s'aid the Learned Gentleman, " th 3 t weather it would have been desirable that the carriage s",,o' bare been less el owded ; and that, although it could o° l , lorded that she should part with Bergami, yet her Rol."g i ° ness might have sent the Countess of Oldi into snot her es!' 'r o : where there was a vacant place, since there could be 00 fft' priety in bring alone with itergatni, when they had 04, l e i weeks together under the same tent. The Learned Gt . !' . 014 1 ' ferred front this, and front the fact of the Countess o w l: t° not being called, that the evidence of, Sacchi was eftt itt iaof the fullest credit. The Learned Caunsel begged t ° s3 )°' why the letters of Dumont, of which so notch had b et i Of; were not produced? why the supposed challenge f qL- Ler"' Hownam to Ompteda had not been offered to Ili''' . ~, shin? Rut it seethed that there was something of ". fol nature indeed in her Royal Highness's favour, wl" c i tiered it unnecessary to attend to 'little circumstances!. r tr drlC/111011 0. Rasta' was called! Oh, Most f or tunate ' t e s' , Queen. Her Counsel were to produce, in that 0,ill;,e0 a recompeace for all tile losse sto which she ha subject in the, course of the investigation, After ' 3- a• ll: gone on with the wind with the English vi attiesf el ; 0 0; ail the evidence of Lieutenant Flynn was bittern 4 ;1 0 , and the admissions • of Mr. Hownam. whic h ' thP , all, were ten times more ruinous to the defenc e floc the miserable exhibition of Flynn, had taken t'ia cc .,', o o s( ,, telli became a subject of observation, and tbe ' for the defence went back to him with Some'great slesigL ( 10' bail beensaid that Rastelli's absence Was an irreparatT tyst advantage to the Queen, In his comci , nce be believe`,;tid' she bad benefited by that absenc e beyond all calc,Tii,act' At the very moment they were siniiing in tbei r they turned about, aid commenced ass attack au • JO", Then came the account of the conspiracy; and Mr. 15;1‘7. .in alluding to that subject, took the opoortunitY jAtO! Mr. Powell.. With confideuce he appealed to the"' Iwo: ships to acquit Mr. Powell of any improper viewt er ever convinced they were 'that he bad committed : o rit , ror in judgment. Could their Lordships, far a ir ° , ) (0: suppose that his object was to remove Ilaste lli fi" , , thur exaniinaton, and that th at witness had I"l—Leetir was insinuated, spirited away? If RasteU i 11311 t 1)0, here at the time, did their Lordships soap , '" Majesty's Counsel would bare been so rvis as to ca . t C t.s , No, no. What had they done with respect to Sacciii.reatee not the refusal to examine that witness; aftet hPO4 ! t ▪ c 1 t VI cd to call him back, a commentary upali tin VIN" Meant . I Lat) stancr ‘ , ll ~ as .~, tom 1:011 ih h a d .44 )4, sq h , 411