The Sun. — London, England, 1820-08-28 00:00:00

RESEICVE OF TILKETS-THE PUBLIC MAY BUY THE, IWO 4 ., 20,000 PRIZE' AND ALL THE OTHER -)LS-I'o BE DRAWN NEXT WEDNESDAY. THEATRICAL RE'GISTEIt. Performed on Satterday Night. Tit VT ft E I tOTA L, ',HUM l'i am i r t ; Hamlet, Mr. Kean. Attrt - which, Who's the Dupe ? HAYsinittik:•l'.—Pigeo ll 3 and Crows. After whict , , A Day After the Wedding. To which was added, kluh..,:lite uu Itolitiely. itoirAL, ENGLIID Omit!, FlotisE.—Woman'p Fil•ldle'. After which, Patent Seaions., Tu which was Whalq Fong. WEI KLY is unavoidably postponed till 'ru-inurs ow. . . - PRICE OF STOCIS . - - THIS DAY AT ONE O'CLO‘K. 13 , ,nk Sod; 2204 221 , prt Ct. Navy Ann... 10:411 ..-; I L: Cv. , l 14.1. rt, r llvttt.Clllll, .1.. • 6S 61 Ex. Bills, qd .. is. 51. Pr. :it per (.11. 4 per CLIIIS MAILS. Agtaiven"—i Dabitn, Witty fold, I Lisbon, I France, _ I Hamlet's. luc--1 Ilollautl, i Gottenbursch, I Lisbun, I Ilismburgli, 1 Flanders. - Mali WATER AT LONDON BRIDGr - TO-MORROW.. uT :ing. 40 mitilitts alto' S.—Ks - ening, 6 mitt attar 6 THE SUN. 'MEM QUIS DITERE FALSII-11 4UDEAT.:2 LONDa MONDAY, AUGUST 28, 1820. THE QUEEN. HOUSE OF LORDS—(THIS DAY.) At ten minutes before ten the LORD CHAN tELLOP. took his seat on the Woolsack, The usual prayers having been read by the Bishop of WISCHELSEA, and the roll having been called over, The Earl of L 4,VDERDALE rose, and addressed their Lordships on the impropriety of allowing CounAel to be heard on the point of practice left fur discussion on Saturday. His Lordship thought that their Lordships must be convinced, that had they adopted that line of conduct which they were about to adopt on Saturday, they would lAave done a thing as utterly unprecedented, by the usages of the House, as it was derogatory to its dignity. It was certainly most prudent that the House should come to some fixed resolution as to the course to be followed in examining nesses ; but to leave it to Counsel to argue upon , and suggest to the House what that course should be, was a thing without precedent in the House of Peers. To put it to five Members of the House of Commons (for such the Counsel at the Bar were) to suggest to the House of Peers what mode they should pursue in a judicial inquiry, was contrary to all Constitutional usage, and insulting to the dignity of their Lordships. Looking back at the pro ceedings which had taken place, his Lordship thought that the whole difficulty in which they were now supposed to be placed, arose not from the want of a fixed and perfectly correct rule on the subject, hut from a misunderstand ing of what that rule actually was. The gene ral practice of Courts of Law, he believed, was that : after a witness had been examined in chief, he should be immediately cross-examin ed, and if at a future period either of the parties could make out a case to the satisfaction of the Judge, for calling up a witness a second time, the Courts were in the use of allowing it, subject to this condition, that the questions on the second examination should be sug gested to and put by the Judge if ap proved. And was not this the very usage which the House had up to Saturday last fol lowed in the important case now before them. After Majocci, the first witness, had been exa wined in chief, he had beers cross-examined by the Counsel for her Majesty at great length, until, indeed, they said they had no further questions to ask him ; yet afterwards an ap plication was made by her Majesty's Counsel to the House to have this witness called up ( 0). second time, and having :s.hewn sufficient cause for the demand, the House was pleased to grant it. Was it not perfectly evident from this that the Counsel on both sides were quite aware that the House were following in this case the veiy cours e o f proceeding which would have I een followed in a Court of Law ? Where then was the difficulty in Which the House was sup posed to lie ? For himself, he could see none, but what had arisen from .a tnisunderstanding of the existing rule, and an indiscreet attempt to part from it. The c re dibility of witnesses might be affected in two ways; either by circum stances arising out of their examination in chief, or by witnesses afterwards produced. This was a clear line of distinction which there could be no difficulty whatever in observing. The Counsel for her Majesty should proceed instantly with all that arose out of the examination in claief.---(llear, hear !)—The House had said they would, after the case had closed, give her Majesty full time and opportunity to procure evidence to mpeach the testiniony of the witnesses against her. His Lordship repeated, that the House was hi no difficulty, but what arose from a mis understanding of their own rule ; let them ad here to that rule, and there would., be no neces sity for hearing Counsel. Lord MiNNARS observed, that the difficulties which were said to exist, would disappear upon the assurance, that if Counsel wished to put ques tions, after the conclusion of the cross-exami nation, a suggestion to the Lord Chancellor would be attended to, and consequently all the purposes of a second cross-examination c ould be. effected. The rule upon which the J udges in Westminster Hall acted was precisely this. Their Lord ships were disposed to give her Majesty every opportunity of benefiting herself, but their Lordships could not adopt a course directly at variance with the practice of the Courts, by thetriselves. fluenced. '1 he refusal to grant a list of wit nesses had been condemned, but in his opinion their Lordships' had acted with the utmost pro priety in proceeding' as they had. It had been said that the peculiar circumstances of the case demanded pecaliak indulgence, but he could not see that any argument could be advanced in proof of the existence of such an emergency. The Noble Lord repeated, that the interpositiOn of the Lord Chancellor, .in cases *here Counsel omitted to ask questions of a witness, would, in his opinion, fully answer the ends of justice ; he .therefore moved ? " that the Noble Lord on the Woolsack be directed to inform the Queen's Counsel tJrat they would be entitled to call wit nesses after the case . :had been closed ou the part of the Attorney-General, to be examined as to any new., facts, such facts being proved to exist, to the satisfaction of the House." Lord EuskiNc said, he had anticipated the difaculties which had been already proved to have arisen from the refusal of his motion. Since man was born of a woman, never had the time their Lordships had taken to consider a difficulty been more completely thrown away. It had been said by a Noble Lord that no difficulty existed. If that was the ease, surely it would have been his duty to oppose the adjournment on Saturday.— (Hear, hearl)—He (Lord Erskine) should state to the House the only course they could, in 'hie opinion, follow, after having refused the list of witnesses.• It had been understood, that after the Counsel for the Lill should have been heard, and the witnesses cross-examined, a reasonable time should be allowed to the Queen to prepare her defence—(Hear !)—This was the usual course in whiCh Courts of Justice proceeded. How could they agree to let the unquestioned examinations of witnesses go out to the world for two mouths, or whatever time might be required by the Queen for the preparation of her defence. He thought the only manner in which they could now pro ceed, with the view of doing impartial justice, was to allow the Queen's Counsel to pursue what line they pleased with the question as it at pre sent stood. The •question then would be, what was to be done when the case was resumed ? When the House met again, let the Queen's Counsel cross-examine again in an unrestricted manner. Should any thing in the proceeding oc cur which did not assimilate with the practice of the Courts of Law, let the House be governed by the feelings of humanity.—(Hear !)--He trusted the house would agree in his ,views to proceed to cross-examination where the Counsel left off; and the question which had been so improperly interrupted by the Attorney-General should be directly proposed. He said there would be an end of the intention of Courts of Justice if the public opinion did not in some degree preside in them. The Earl of LIVERPOOL said, the Noble and Learned Lord (Erskine) was under a mistake in supposing that it was left to the Counsel for the Queen to chuse the time when the cross-exami nation should take place. His Lordship, in a very able speech, contended that it was for the convenience of the House, and for the ends of justice, that they should pro ceed as in other cases, namely, examination, cross-examination, re-examination, and examina tion by Peers. And then if any new fact or Circumstance should arise, the Counsel for the defence should be at liberty to state their grounds why any witness should again be called, and if sufficient grounds were stated, their Lordships would not hesitate in acceding to their request. The LORD CHANCELLOR congratulated the House that they ►ad not come to a determina tion on Saturday, for he was most decidedly of opinion, that a more mischievous precedent could not have been made than that which they were about to establish. He confessed that with the majority of their Lordships 'he did think at the time that the course they were then proceeding in was a right one. Subsequent reflection had, however, convinced him, that they ought to re trace their steps. Until Saturday they had gone o'i just as any of the Courts below would have done. The House of Parliament on many occasions was not governed by the rules of the Courts be low. His Lordship was convinced, however, that the less they departed from these rules, the more safely would they proceed. The Lord Chancellor then proceeded to take a review of all the proceedings in the present case, and his Lordship particularly adverted to what had fallen from Mr. Brougham on the cross-examination of the second witness Paturzo. Mr. Brougham stated, that as he had not been aware this wit ness would be produced, he hoped their Lord ships would afterwards allow him to be call ed up a second time, khould there appear to him occasion to do so. To this request his Lordship replied, that the House would judge of the application when, it was made. There was here a complete recognition of the rule of practice which. his Lordship now contend ed referred to the proceedings of Saturday. Ills Lordship said that he felt himself bound to confess, that sitting, as a judge, he ought to have interrupted the cross-examination of the witness long before that step was taken by a Noble Lord before him (Lord Lauderdale). lie was now evinced that the cross-examination had i beeii ipt s prescribed by the4l 's Lordshi said,li -ouldniate . every 410 ance 14ir 'Coup witl spect multi (Kline's thin r?l . .k (A i re. lr lowauce on that account, he thought the cross examination had been carried a great deal too far. With regard to the question before the House, he thought their Lordships ought to adhere to the general rule which was established on the wisest principles, and a mode of proceeding most consonant to justice, and which had been prov ed to be so by the universal practice for ages. his Lordship entered into an exposition of the evils which would arise by deviating from it as they were about to do on Saturday. Were the cross-examination of witnesses to be deferred at the pleasure of the Counsel for the defendant, it would allow witnesses to retire for weeks and days to think and meditate over what they should say when they were brought up again. Was ever such a thing heard of? If the cross-examination were deferred, it would be impossible for the Counsel for the prosecution to goon with the case at all. The cross-examina tion of the first witnesses in a case might be of such a nature as to make it necessary to call as a second witness a person whom it was never meant to call; the number of witnesses called for the prosecution must always depend OR what) arose out of a cross-examination, and it would be impossible for Counsel to say whether he had closed his case or not until the cross-exami nation was gone through. his Lordship could not, he said, consent to any other course of practice than that which was accord ing to ancient and.established usage. That mode was, that the cross-examination should be proceeded with immediately after the ex amination in chief, and that, on cause shewn, permission might afterwards be given to call up a witness a second time. This rule was founded on the practice of the Common Law, and their Lordships would find that law was founded upon the surest principles. It was better that they should acquit ten thousand persons than that they should break through a single established rule of law. Lord GRENV/LLE. rose as our Reporter left the House, at 10 minutes past one. The QUEEN did not go to the House this morning. The Country has been sufficiently disgusted with the details relative to the conduct of TIIE QUEEN, and if the evidence already given is to be believed, no more is necessary to illustrate facts so offensive in their nature. All that seems to be further requisite is to learn from the Eng ligh Attendants on Her MAJESTY, and the Ladies who accompatiied her abroad, their opinion re specting her conduct, and their reasons for re linquishing all connexion with her. It will then be the duty of Her ilttnsTY's Legal Advocates to enter upon her defence, to prove that the witnesses against her are unworthy of credit, and to bring forward such testimonies in her favour as will additionally refute all the allegations of the former.—lt is not by brow beating, intimidating, and defaming the Witnesses that her MAJ ESTY'S innocence can be demon strated, but by such proofs of their unworthi ness as may satisfy mankind that they are actuat ed by motives of interest or malignity. To repeat, by the testimony of other witnesses, the nau seous details that have already been heard, will add nothing more of condemnation, and the Nation and the world ought to be exempted from any renewal of the offensive narrations. We most heartily pity the House of Lords for what they daily suffer, and the privations to which they are unavoidably exposed. — It is absurd as well as unjust to censure Mi nisters for what has happened. They endeavoured as much as possible to avert the odious Inquiry. It was solemnly demanded by THE QUEEN, and they had no alternative. As to the money offered to THE QUEEN to remain abroad, it could only be, from the nature of human events, temporary, and would have been a trifle in comparison with t h e mischief that would have been avoided. It is said, why give a vast allowance to a woman to enable her to wanton in the most dissolute licen tiousness. 13ut, if THE QUEEN was guilty of all that is laid to her charge, it is impos sible to expect that any measures could re form such a character, and the best plan in that case would be to keep her vices out of the sight of this country, and to avoid the contami nation of such an hideous example. We hope to see some resolute Member of the House of Lords rise in his place and remonstrate against the con tinuation of those narratives which have outraged the feelings of the Country, and which, as we have said, are abundantly sufficient, if well founded.—We think also, that some comments might be made on the cross-examinations for the defence, as they only tend to prolong those offen sive details, and appear to be for the most part of a frivolous and absurd description. Some such resolute effort ought to be made by an indepen dent Peer. No Minister can interfere in the manner which we have pointed out, because the character of Government is supposed to be .U' plicated in the question, and such interposition on the part of Ministers, however wise, just, and proper, would subject th to the venomo attacks .f Pa y , which ey 1 bee • lb. l- e. ..adyi'v s r Mgasures w th is .• I rAkfora l, ttkik, relu g isiflo CO TIIE QUEEN rendered unavoidable. We hardly need say that we now speak the language of corn . mon sense, obvious and, we trust, the ge nuine sentiments and feelings of all the sound and rational part of our Countrymen, equally unbiassed as we are by Ministerial influence and the clamours of Opposition. Charleston Papers arrived this morning to the '2sth July ; they do not contain any news. Extract of a Letter from Cartltagena, July t. " Our situation is daily becoming more un pleasant. Admiral BRIOS has arrived at Sava nilla, a small settlement at the mouth of the river Magdalen, about 70 miles to windward, with 20 vessels of different sizes. His land forces are not known. Martial law has been proclaimed here to-day. We are so taken up with the oc currences that we cannot attend to any busi- ness.7 It must be acknowledged that the Peers wha► are above the privileged age of 70, and have un dertaken the truly severe duty of attending of the present important occasion, are highly meri torious. Such attendance interferes with all their comforts, and obliges them to reside in town with a small part of their families, at the most disa greeable season of the year, for an indefinite time', interfering with the enjoyments of the whole summer. On the first day of the Trial several Peers, some of them considerably above 70, ►hose state of health also might have excused them, attended, viz. the Marquisses of FORD and CHOLMONDELY, Earls FITZWILLIAS, HARCOURT, SHEFFIELD, KELLY, Viscount HAM- DEN, ,&c. There are, according to a list lately published, thirty Peers upwards of 70, fourteen' of which attended the first day. The Earl of SHEFFIELD, who is the oldest that has attended for some years, appears, by the list, to have reached the age of 84. The Marquis of Dnoo- REDA is the oldest Peer—upwards of 90, but be has not attended Parliament for many years, and next to him is the Earl ST. VINCENT, Lord CAR' TERET, and the Bishop of DURHAM, now in his With year. We need only extract the following passag o from The Times of this day, to convince the public of the weakness of its judgment, its vena' lity, or its pertinacious malevolence Their Lordships have now been nine days engaged 1 0 this inquiry ; and we say it with exultation, and without the fear of contradiction, that, upon n ll , the rules of evidence admitted by the Courts 0 ). law, her MAJESTY'S conduct stands as perfectif unimpeached, untainted, untouched, as ou the first day of the trial." Letters from Palermo to the Ist of AugtlA state, that the public tranquillity remained no; disturbed, although considerable agitation an ° alarm had been occasioned by the appearance of Neapolitan squadron off that port, as the inhabi' tants were apprehensive of a bombardment, 11 appears, however, that their only object was bring away the military who were in confinerneo; in the city. This, it is said, was arranged, an; the fleet had re-sailed for Naples, bearing olt them the proposal of tire Provisional Junta fu r s the terms of their alliance with Naples. It 10 understood that the Junta proposed to place til e Crown upon the head of the son of the Hered l ` tary Prince, and he being an infant, not nO re t than nine years old, the Government must in 0 4 5 case be administered by a Regency during "0 minority. The letters add, that the Army proceeding rapidly in its organization, that b 0 9,... ness began to re-assume an active appea renc .; and that, although there was no regular Pnb established, very few depredations had be% committed. The remainder of the Island 'w'"_. following the example of the Capital. a , The KING remains at his cottacre near IN in sor, where he enjoys the society of a select celr, y . cle. His MAJESTY is in excellent-health. Ir be terday his Majesty attended divine service attliie cathedral, accompanied by Sir Was. KEPPEL , 01 Equerry in waiting. His MAJESTY entere d _ nze , cathedral some time previous to the commr-P- ment of the service. 'We understand that his MAJESTY has tiCit e n . ; tirely abandoned his intention of embarking 0-j board the Royal George yacht this season,, l ' " it , Sit the Royal yachts are accordingly kep t at head in readiness for his MAJESTY. The letr, -' masts of the Prince Regont having been siollr. ed, she proceeded out of harbour on IVedns' (Hampshire Chronicle.) Friday morning the Duchess of GLancifsmce and the - Princess AUGUSTA rode to Kew rt"-tbe and Gardens, and returned to London in evening. r tf The Princess AUGUSTA and a select P ic. dined with the Duke and Duches s of GLO1) TER Oil Saturday. a Yesterday Divine Service was perfolc, the King's Palace, Pall Mall, by the Re v ' CLARKE. IS-6/ The Duke of YORK and the Prince a t th e GUSTA attended Divine Service yestercia3 3 ev t Chapel Royal, in the King's Palac e, St' J.od Yesterday the Duchess of CLARENCS the Divine Service at the German ChaP el ' n f a!: King's Palace, St. James's.—The Duke' . otto'" RENCE left town yesterday morning for Park. of not* bro Dr. MoYsEy, the new Archdeacon o ot has made. a Parochial Visitation throng " A rchdea con ry. 4 ►. th e Sid( tip th, }La