The Sun. — London, England, 1820-10-14 00:00:00

t; OF LORDS-AIIIS -DAY. TEIL ce; LK'S. The LORD , Cll.l'2:CEtLari:Me into the Irduse about t..,11 eninutes before ten, and after 'prayers the usual call was. proceeded with, when we re . marked that . no excuses .were made for the ah r.P o well though tno other person so weil.calculat ed as Rastelli to accoatplish the objects for whi.,711 he was sent out ; and thorefore, the question for their. Lordships to . consider ] was, whether the agent had dealt properly with a ,Witness,, hi a cause whe t . t . n he Ni ?S rcquised as evidence .b..) their , if thiS qUestiD‘d were put to him, it would' evidently - go to inculpate Mr. . • • The LORD CliA Ctf, LO It here tobserved, il,tt if their Lordships could het get the means of judg ing of the business from in' their:Or dinary. d/iscretion, they ,had no'right to put ques tions to any .one witness which the laW of Eng land con clem,ao f ' . w&e ot.casiotled by , this,. their Lordships mtiit endure that mis chief, whatever it might be, on account of aprin tiple held so . sacred by h v., '• . Lord 11 o LLANn thought that 'their 'Lordships . hid a right to put the question,: n otwithstaqing - luit had fallen from 'the :Noble and Learned ~~11• Lo au-CHANCELLOR then declared that he would give an answer to the Noble Baron, and to those Noble Lorci4. who thought with him,' by saying at oitee, ‘s . ha t sw akrht be its popularef feet, that their Lord,hips had no, right to put the and therefore that they coilla not be satijied. The Earl of Dill VLEY rose and (being called to order by Lard Redesdale) complained of some one'indulging in coarse, mirth at his expellee. Lord K,Ebtz , DAr...r. h're obs •wit 4 appa rent wurnitli, that he would rift let that 'pass; because he could appeal to the 'whole House whether the Noble Lords opposite had not in dulged yesterday in very- coarse mirth at his ex- pen et?. The Earl of Li vr troor, said, without referring to what had just passed, that Noble Lords • had taken a mistaken 'view of the subject. It might be perfectly true that there were more witnesses l'are than were examined by the House ; and he was of opinion, as he said before, that many of them might •be sent hack. But then. again, this fay entirely at the opt ion and discretion of the Attorney"-General. and the !;io licitor-beneral, because it might undoubtedly be highl-y improper to send some .witnesses back, whO, after all, might be wanted - 6' give evi dencelat the bar. The Marqu,ess of 'LANSDOWN had no objection to the sending baCk. of ,witnesses not examined in that Mine, but he considered the case,quite dif ferent with respect to"such witnesses'ashad been intOduced to their Bar. The question was, in short, riot whether this or that witness should be sent off, but Whether a particular witless, who had been examined by the House, and was now required to re-appear at their liar, under'pecu liar ought to have been dispatched as he was. 'l 4 he Earl of CATINNIIVON, if We understood his Lordsfdp, made no complaint of the absence of any person in-particular, if it was necessary to send any of the witnesses off ; but he was of opinion, that all the witnesses ought to have been detained here. This .prortieding was contrary to the - express order of th;ir Lordships, who bad ordered all the .witnesses to he in at tendance to be called up. It was for their LordshipS to decide, if Rastelli, was the only man, out of, he belieyed, some -50 or 6() more, all Well clothed and Weil fed, most proper to be seat back. He would disclaim, for himself, the intention of wishing to dive into secrets of State ;'•though . he could not belp remarking by the w ay, that as the passports of the witnesses had passed through different hands, every person at the Foreign Office must be acquainted with this grand secret. What he wished to know was whether his question was still objected to. Lord Auc;KLAND was of opinion that the (pies tion might be.put ; While cautioning the Agent or Attorney, at the same time to be circum spect in answering it. ThiA practice, his Lord ship said, was carried still further in criminal cases, which was one reason why their Lordships ought to allow the question to belnit in the pre sent case. Ile therefore thought - that the ques tion' might be immediately put, and afterwards Mr. Powell could appeal to the House whether he was bound to answer it. The Loan Crws - cci.r.ott here reminded their Lordhip's that on this occasion they were not the interests..of, the Agent which were- to ,be .com mitted by him, whose first consideration was the protection he owed to his principal ; and there fore the Court could not permit this question to be put. - - - Lord ELLENBOROUGH could not help consider ing tins question in a different light from.that in which it appeared to be viewed by the Noble and Learned Lord. There was no question as to ,the principal in this case, and even if there was, their Lordships were themselves the principal, for it was a question • of State .; and..on this. account he.could not consider that the general principle was applicable here. if this opinion were found ed in truth, the agent could not he protected by the House as in ordinary Courts. Here-the question Was repeated to the witness at the bar, though rather in a modified form, as - to whether other persons the,! Rastelli had been sent •back to Italy ; to which Mr. Powell re plied, that to the b:.!st of his fi knowledge and be lief, there had not. -lie added at the same time, -he had heard that two others had gone. Examination resumed by the PEERS. Q. At the time von resolved to. send Rastelli to Italy, had you inquired if any other of the witnesses were likely to be sent back ?—A. 1 made-no inquiry on the subject. , You received a letter to' inform you Rastelli was-in Italy from whom did you receive it Colonel Brown.—The witness added, that be had no communication with Rastelli himself. Did yon instruct Rastelli to go to any other Place than Milan ?-1 have already said I did not. Dig you apply to the Foreign Otlice for him ? I mentioned it there. Did you not, as Agent for the Inquiry, con sider the witnesses to be under your controul?— TkeY are not uuder my controul. Dia you al:T.)ly icy 'Aastc!li to gO as &)ttrier to itaiy,,ot he to did not to him, but he to me. He weft quiet the mi;ids of the ramifies of the witnesses Italy; and I took that ppportunity to send.papers by him: If the Sole objecfwas . . to quiet the families you hav'e spoken Or, how Ciune, yOu - to'sr?nd papers by, him, the leiali4ing Of . I:vhich would cause delay, that is, it' Rastelli wa's to bring them back thought he would have been back by the 3rd of this month. • Then,. you meant ll.astellito b . ring them back did not expect that; it was, left to the dis cretion of COI, Brown, either to send Ahem' by. "tasteill Or another. How many of thelvitliesses in Cotton Carden have families now residemt at I.‘lilan cannot recollect all theienames, unless I , saw them be ftire me, when ,1 could point them out. - Did 'you give ilLstructions to !tastelli to ft o into the neighbourhood of ;lii an or elsewhere do not recollect i gave such ihstr'iction to him ; but he was to take letters from the witnesses in Cot ton-garden to their familie:;, and b,- his personal appearance a . t anl probably in the weigh.; bourhood, to pacify their fears. hall you retion' f.O expect that Ito.stelli would go into the neighbourhood_without. your, instruc tions. to him ; 1 mean, in the countries adiacent to lqilan recollect I spoke to • him to take letters to for Ward. there, :and assure them of his, safety. ' Witness, in answer to oilier questions, said, he calculated that Itastelli . WOuld have been back iv th 2 3d instant, as he could reach :Couto rn 11 days ; he left London the 14th, or the morning of the I.sthult., and a courier Would have gone the distance in six days. Wituess now' admitted, , that he had sent a letter to Colonel Brown on the subject of !tastelli's MiSsion. 'lt, contained a variety of matter; he had a copy of it, but did not know whether he ought to produce it. • Earl G nay and another Noble Lord, ,seemed of opinion that :he letter ought to be produced to the Muse. The LORD CHANCET,LOR. was apprehensive that in any of the Courts below; the Counsel would have been bound to state,, in the 'first instance, by they \visited - what they deemed an Ob struction to justice to be removed ; but their Lordships might call in 'a witness, I without this, and their Lordships had called for him. if the Counsel wished now to suggest a question to the witness, the Counsel must ask permission of the nouse, and the question would be p'ut by the House. But he must be permitted to say that their Lordships were really going' to a length.in this business not'exactly just; and if .they ,would cast their eyes •on many parts of the examinations they. would find questions had been asked, which could not be reconciled with the Practice of the Courts below. It was the duty of every. Court to give that protec tion which the interest of the Client called for, and nothing could be more dangerous than to leave the expediency of putting questions to Counsel themselves. I.Tpoa our leaving the house, there were re- pealed cries of " Withdraw, withdraw !" • - wo f 90,000,---TWO ,non, —AND VA RI( )US mu ER cAPiTALS.—ALL STIRLING , MONEY,—ALL IN SIX 110UltS,—ALL ON WEDNESDAY NEXT. PRICE OF STOCKS TLIIii DAY AT ON.E 0 7 CLOCK. i per Cent Red. tiFil/i gdrik Long Ann... I; il 7-16tlis I.er Cent. Cons tiiii; India Bonds ....iSs. '2.Es. pr. 4 per Cent% 1 per Ct. Navy Ann... JO4ll j Cons. for Account .... 67111 HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning. 36 ununti s aftrr 7. I.7,Tning,. nimvslis att..l 8 TPIE SUN. SOLEM QUIS DICERB JUDE.AT ? LONDON, SATURDAY, OCTOBER 14, 1820. It is somewhat extraordinary that Lord CAn- NAnvoN should have proposed the total cessation of all further proceedings respecting TiE QU EEN, without at the same time proposing some mea sure that might accomplish the ends of justice, and satisfy the world at large. It is impossible that Tut QUEEN herself - could be Satisfied with such a sudden close of an investigation iu which her honour is vitally involved. She has demand ed justice with the apparent energy of conscious innocence, and it would be the height of cruelty not to give her the fullest latitude of defence.— They cannot be her M S.J ESTY'S real friends who wish to compromise' her character, and defraud her of an honest and impartial verdict. Indeed, by wishing to terminate the matter abruptly, they seem not only desirous to frustrate the claims of jus ,tice, but to betray an apprehension that the imput ed guilt will be demonstrated in the progress of the Trial, and its final result. No, let her MAJESTY, to adopt the homely and pertinent phrase; have " fair pit's , and most heartily do we wish that she may come purified in reputation from the se vere ordeal that her conduct has undergone, but which she had demanded, and that it may de pend ou the validity of the evidence, and the de ' _cision of her wise and upright Judges. But surely, in the mean time, ail .parties out of doors, whe her in her favour or against her, should refrain from all public comments on an occasion in which the character of the Country, as well as of her MAJESTY, is essentially implicated. 'Thursday night, a Messenger arrived with dis patches fur her MAJESTY. sence of pny Peer. The' Earl of CITINARvoN said, that, before the :House- r;oceeded to call. in the. .Co . onsel, he wished t;) ‘vithdraw the notion he had submitted 'Vesterda!:; for the purpose of substituting a dif- Ti'erent mode of proceeding, to:which he believed there 'wouid be-ttoobje;ctiOn: He, however, first ..wishcd4or some l e.planatiOn 'front a N'obte oppoSite.. . , Ear' of Li vtr: . 37 ol could, assure their La rd- S . !lips - tliat he had..given no particular instructions au cite Sn4jsreet '..113W' al , ludecd to by the Noble but Noble Friend,. the.. Secretary fOr ; the - ifoine Department, would doubtless do his utmost to , prevetrt the.withdrawin, of witnesses in future.. NYith respect.,to the ,k oreig . n Office, he had not; the:least. ditlicuity in explaining that Fail& A' 'passport had ben applied for h a Gentlutrran. on behalf of aastelli, ,and as it was `sui;poieed that, the application was in, accordanc!e the. 14,4,pfficertiof,the the VIISSpOyt th - e metal way. .Counsel weft, now called 16, when Mr. rowT.LL wps ititrolocelt6 the ba;. I n alnt to the first 'qUeL;C:,on put to him, relative' to Rastelli's setting c,u fer Milan, we understood the witness to say, that,he bitnwlf left town on . the:Wth, 'and that R.1.te1 1 .1 left early in the Morningof ti.!e. 15th of Sfq,Aphilier, but was eXpCted to return in pro- per : time. : QuedlioPzeil.bst the Earl of CARNARVON.—DO y o n knoW whether 'tastelli was directed - to take dlspi , ttches,to Charles Stuart, our Ambassador a* Faris do not. Hastelli was sent abroad . 4 at ivh.t time did you calculate on his arrival at Milan'—in about seven Or eight days. What period of time was it understood that Rastelli was to remain at Milan ?—I sent over sonic papers _by Rastelli, which required to be further I , ?gali'zed, which were to be made use of at the opening of this business again, and conse quently he was to haVe returned before the 3d of . . October. Was Rastelli to go any where else except to' Maar. ?—He was to go directly there. Does Mr. Powell. know Whether there was any other person sent back to Milan about the same time know of one person who was sent back previous-to I,hat period ; but it was not any one who had.been examined'here. Was that. person the only one sent back can recollect only one. • • - Was that person one'of those who landed at - Dover-as Witnesses for the . Will eras not. Glow soon after that period was any one' sent back, or allowed to 'goback, to Italy am not a..vw-e that any one was sent. s back alTer Previously to ItaStefiVOßin;;;; sent abroad, you stated that one person was sent to Milan ; was any other person allowed toga back to , Milan ?-1 am not aware of it. . Am i to understand that, previously to Ras teln going back to Italy, no person who had given . evMenee was sent back, except the one per- Ign you mentioned to us ?--Yes, to the 1.344 of my knowledge and belief. - r - Earl l'lut of LA.III/EfiDALE took an objection to this line of examiliatiOn. The witness ought to be protected from disclosing those circum stancc3 in his conduct which affected the interes of his 'principal. Their Lordships could not con cider the agent as one of the parties in any case The Earl of LtvEaeoot. felt no difficulty saying, that any witness or witnesses who had ire summoned there, but had nut been examin ed at the Bar, might with propriety be sent back. There were, indeed, some reasons that made it desirable for them to be seat back ; and he, for one, wished them to be so sent. Had he been asked, to the best of his belief, if any such witnesses had been sent off, he should have supposed that many of them had, though it turned out that only one of them had been sent back; but this was merely a matter of opittion with him, us die measure, of ceettse, rested in the discretion of tk Law Offi cers-of the Crown... Earl Gave observed, that it had been proved to their Lordships that one of the agents in this affair' had sent ofr, most improperly he thought, a material witness. When an explana tion "of the transaction was called for, they were - informed tliat it *was be muse the families of that arid - the other witnesses had been alarmed for their safety here, and that it was necessary to quiet' their fears ; and therefore it remained for their Lordships to consider rif the excuse was a valid one. Hence his Noble Friend had framed a question in order to know whether some percon or 'persons had not been sent back besides, --who coUld have answered the purpose of are. Teasing - the families of the witnesses in this case, evitheut Rastetli's going. with them. lie must, therefore, still couteud that it Ins a proper ques tion to be put.. The Earl of. LAUDEI . IDALE., in reply, said, the question ought, to be put thus—Was there any , one of the wituesses who had been present at Dover, that might have been sent back instead of Rastelli, but who had not -been? If was one of the most sacred rides of law never to compel an teeent to go beyond that extent in his communca. Coes which was consistent with the interest of those who confided in him. The Loan CHANCELLOR was decidedly of opi. nlort. that their Lordships could not be too cat. tiJ:ts in . putting questions -of this kind ;. for if they were permitted to be jut upon one side, - they must clearly be put upon the other side ; it was impossible to contemplate the consequenees "of suoh.a practice to either side; and he begged to add; that there was no principle more sacred than that 'the agent in all caws should nut dis c:lo4e the secrets of his client. Thearl of ItoasLYN said, that it appeared that A CARD. TO THE E! TOP OF THE SUN. St p.„--,-Several Readers of your truly loyal l il t , consistent Journal are desirous to know, if t : 1 , Gt:ndeman who is now Editor of a new Evei', lll 7. Paper', Wrote some time ago in Mc Sus un ue t the signature of TENAx ?—tf such bo \ the fa c j, his present opinions do not appear very tenaci ° 7 o of thr principles which he then supported L your Paper, nor indeed very consistent with Ore Office which he holds, we understand, under tn Crown. • \\,'"e . are nO longer favoured with the crui respondence. of the Gentleman alluded. to) we have too much .respect for his character t ` l, suppose that, With whatever Public Print he 1113 ,16 . he connected, he will act inconsistently with t,ll, principles• which he maintained, under the sigliiv; flue of -,Tr.s.t.x. in THOLIN. Mu. CooriE.—lt must he remembered Mr. 1340.10-11 Am Las several times Spoken of t•'' gentleman in - the severest terms of scorn a rid (I': testatio.. The place in which Mr.' Bnciuogi. delivered his sentiments precluded Mr. G o o t o ,from all legal•redresS, and it is Impossibit.! stfp.pose that he would degrade hi_rnSelf by s ° ll l fug t . or'any other. Mr.l3ltot , enAm indeed/ riot TV 'speak of Mr, coorig by tame, but tb e ` r. '' could be.no doubt of the p e rson towards 'o' 3 '; his obloquy-was directed. Yesterday the 6tANc;:f.t.oa, whose character for konOur, :titude, diseerntnent, and experience, has rg -; ( 1 dered him the 'object of - universal esteem 6.1". i veneration, took an opportunity of expr essiivo sentiments of:Mr. COOKE, whom he •deClared6t had known for nearly half a century, alld he knew him tO be one of -the most honourao-,, Of men. . A more upright and honourable nou',, said his Lordship, " upon my honour and ve r ? city; has never come within my knowledge dtu'i that long period of time." The Noble Lordli'li strongly affected during the delivery of amiable elfusion .of wounded friendship and " .. . t tribute to standered worth. Now we will P itt ; I t 'to the judgment of mankind tO reflect, ”"i tit 4 any consideration of the vast dilface bcte`,., the character of the ienerablei,oan cia mid that of Mr. BuouunAm, Which des to L tion of• Mr. COOlilti, is most worthy of credit, of a Nobleman so much above Mr. Cooo'., • rank as to preclude all idea of interested inoti.ctii and who spoke from so long an intercourse the individual in question, or that of t it Buoutmam, who has declared that he tho 0041), his duty, in defence of his Client, to avail b 0 4 • self of all possible artifices and expedienm, $!! even to hazard the destruction of the Conotdio But though Mr,,CooKE has reason to rejoic e Die the defamation which has bronght so . honeor'd a tribUte to his merits front one of the wPc. st t o,!' • most upright characters that ever adorne d country, is it titling that he should be tho'; 00 ' posed to abuse without redress,- because i t • levelled at him 'under a Parliamentary Panol'if tha t DIALOGUE BE FWEEN Ttvt) NAUTICAL • 11ev00' What a tiloe4ltead were you at the Bat of the Pe , " Yourself to expose to reproaches and jeers! , ' Why oi h Its I . if of sense von ba ci d , ie little spar" p You would never have sacit you could aec in the O;P'. F. Nay, "Gallant Lieutenant," I think it is seen. Your precious stupidity knocked lip the QueTti; One would thiulo that to bailie her Counstl you or° When you told aboni BY.fterAMl ,niter the tent. EL That adinission was rely unlucky, t i doubt, But can Oak• at all times. help troth slipping-out • The e/ovfeas llkime, 'toler day, it appears, Adnutted the Quel , . been ;wilt} tAree yearP But, dolt :is he is, he could ner be got re t. To swear first a thing was, a:id ve then swear 'trr i- F. Indeed!—Then I have hut to asy, if that's true, pr As a wifuess he's worth some five hundred like lot you not swear that the tent would be tOu' l Anr,7ingly ,a4y to 'Tell all round, Then add, having proved there existed no cbccics,4 " Twas thence b., get out upon. dab , H. But you, PasQutELIA speak.of when Swore you knew not his country, and then that yo. Swine he was nut your , es yaw , an d a fter that Pt,' Told .Mr. SoLictron-Gs.NEBAL he wets. - F'. No !natter for that-1 at least never said, b dt When the PRINCESS 1111,1 litruamt went to their That it not indecent, all nicht in an wean' s.° To.rest in one tent—in the dark, and together — H. No, certainly not, 14ttt perhaps you'll agree, I nc'er swore one p,iper was written hv three• After naming our writer, I have nut been hear" To swear to a serond Slid Leit ' tl a third. led F. But you know You did worse , for you w ould not sorr You were down on your marrows, a scar. in y.to Tu beg, thou,, , h quite decent, becomintr. fit That her MAJESTY would not wick BE.,t;A:u i M Well. hang it, we need not go o'er the whole 0°31:4' Ourselves - and our Qu we have eueered with 'Tis seen how devotedly troth are her tools. D ? Who says we are —? who thinks we are f°4' 4 RADICA RictrE.—First a Committ ee t die rabble of a Parish, Ward,or other di 4tri agree to a seditious Address. Then a coOre: is forwarded to'a certain: daily visitant at 13,eroci'l House, who conveys it to the King's : where a celebrated lnceridiary Writer o°`tiic, in durance vile. This. forger of fireball seri. mediately strikes one oft; in the rough, °03111; as the outline of 411 answer,. Which also iStd; witted to flergami House, and there iToT i of for use by the renegade ParSOu, w ith re,L o 4 c ii r i : m spark fro the pipe of the old literary ea ten who so well knows bow' to Crisatelavol t ice ss ' gore. These preliminari settled, the -IV i ft da Aie are apprized of the y A.n they 11'1fftete ceive! ; the gulls are chotv.ad but of tell 6a ch ig it shillings each for a sixth in a hackney dish o r Ilamm ° ersmitb, and thither they go wilt', their hired finefy, and to hear the e%Dere: folly and wickedness read to them in th e re A . , o ot i an answer from ihr Queen—,wbo, poo r c i i iev,d is all the while merely actin g 'the , performed with so much applause 011 thee t o , the Lake of Coo—that of an Ant onia (New Times.) part !"../' ,t, .0 1 ...............,_L.... —,..--.....,r , ...—..... , ....,..... Blla H T. of Dodgy On Titesd3y, the 10th i:ist. Mrs. Decd, ---- ---- 01',,, 1' V;iistol, of a dikuglitcr. -----,-- o f. i f MARRIF.D• •v E di. °i ll Yestrrday, at larlston Clutpel, ii. Bunhill;i•stfl ti..ei, stun House., a Deputy Li el neilent, and I ‘ l3 ,.'dosv t ei V A County Ai: lierks, to Mrs. bliza 'faubnian, ‘,.,,,,t0, Colonei Taubman, and sister of Benjamin I" —O , Forti.t'-rav Plate, Kent. , d. n t b TA , 11 C ~1! C. ~C C M'~{ ~ ~ .'\ V f ( I; 17 ~ .4 g4i „e c tr, ‘‘kt? 14 ' i ts . t„hs R„, v t . ,11 1 14 t;N