The Sun. — London, England, 1820-10-31 00:00:00

PARLIAMENT, HOUSE OF LORDS-MONDAY. CONCLU6ION OF THE SOLICITOR-GENERALS SPEECH. Whr had they not called the best species of evidence which they . could obtain ? Ilow did it happen that but One. female - witne'ss had been call ed ? Why was not Lady Eliz. Forbes, who was with her Royal Highness during her whole stay at Naples, brought before, their Lordships ? Why was Lady C. Lindsay preferred,w hose know ledge of what took place there extended over but twelve days? Why, too, had not Lady C. Camp bell been produced ? But it was made matter of reproach to the Counsel for the Bill that they had not brought these persons forward. No blame could attach to him, or his Learned Friend, for not calling them, as the list of - witnesses was prepared long before they had any thing to do wittt these proceedings. But if they had applied to those who might be regarded as the natural witnesses for the defence, he knew, and their Lordships well knew, what a clamour would have been raked. Their Lordships would remember what had been said when Lieutenants llownam and Flinn had been sent for to the Admiralty, and interrogated as to one single fact not con nected with the evidence which they were to give before tl►tir Lordships, but relating to a seaman who was on board the polacre. Had they taken such a course—had they called those for the prosecution, Mh o u►ight be expected to be called for the defence, to what species of attack would they not have been exposed ? lie would further ask, was it not clear that any applica tion to the servants of her Royal Highness would have proved fruitless and unavailing Would those honourable persons have stated any thing to her Majesty's prejudice ? Every person must feel that their lips would have been sealed, and that it would have been impos sible to have obtained any correct information from them. But it was said that they ought to have called them at all events. lie would, how ever, ask their Lordships to look at the effect of Lady Charlotte Lindsay's examination in chief, and see how different it was from that left on .their Lordships ; minds at the close of the cross examination. Had the Counsel for the Bill call ed these persons, they could not have cross-exa mined them, their statement must have been ,taken such as they gave it in their examination .in chief, and in that case would the facts which were elicited in the cross-examination of Lady .Charlotte Lindsay ever have appeared on the Mi .nutes ? It had been said that these proceedings were not conducted on that great scale on*which they ought to have been conducted, but he denied ; that the objection was well founded, and he con tended that it would have been the height of folly to call those for the prosecution who Arere interested for the other party. They , Pad been told that evidence of facts or conversa . Cons said, to have occurred in the presence of certain persons, would be rejected by a Judge in the Courts below, unless those persons were call . ed- to prove them. lie denied that such was the fact, and in proof of what he now advanced, he ' would remind their Lordships of the doctrine which - had been laid down on this subject, at the trial of Thistlewood at the Old Bailey, by the Lord-Chief Justice Abbott, and Which had been sanctioned 'by two other Chief Justices, and three Other Judges who were present. There a wit ness named Adams, was called to prove certain ,conversations held by the prisoner in presence of .. , different persons. The Counsel for Thistlevvood urged that those other persons ought to have been called to confirm Adams, and complained loudly ,lot: their non-produetion. The Lord Chief Justice Xbboti, however, said on that subject, "1 am very sorry to_say.the observation with respect to the ab .senit.eof witnesses presses with greater force on the prisoner ; because, when three or four per sons were present at a conversation, either of v4orn might be competent witnesses to contra dict Adams, they might be called by the prisoner." lie thought his Learned Friends would have acted 'with more regard to the dignity of their Client, if they had forborne to call such witnesses to the proprl'ety of condUet of her Royal Highness as Vassali and Olivieri—but to descend so low as to take a character from Vassali'and Olivieri, was indeed a degradation for a person of the exalted rank of the Princess. Not a single fe , Male witness had been called to speak on this subject except Lady Charlotte Lindsay. They had beard of several ladies whose names had been mentioned in the course of these proceeed _,, .ings. the Wife of General Pino, and the wife of the Prefe'ct at theßarona, and Many others whose names lead been mentioned ; but of all who had been so mentioned—females, who are the best judges of the decorum and correctness 9f conduct of persons of their own sex — only (Me,had been called. There was an order .on'their Lordships' table for the attendance of :the garchioncss Sangrati, who • was now in this x.:ountry,'yet that Lady had not been produced to their Lordships.tobear testimony of the conduct of her Royal ,HighnesS. What„ therefore, would be the conclusion to which their Lordships must ,come on this particular part of the 'case, with re .siwet to which their Lordships were not assist , ed. by that evidence which his Learned Friend had said they could produce ? Much had been `raid of the witness Majocci, but he thought his Learned Friend (the Attorney-General) had . successfully vindicated the character of his testi . loony. The contradictions to his testirnony, -admitting them to be suctr, were •of the most trifling nature. H state the dining at Genoa, and afterwards at various other places. Bat, atliOting it to be true, as assumed oil the other side, which it most certainly was not, that , it had been proved they did not dine toge ther there, then indeed there would be a con ; tradiction to his testimony ) but not of material import. For it was admitted on the other side, that they dined together afterwards; and it Was proved that they breakfasted together at Genoa, at which place, according to Mr. Hownarb 'the courier first ceased to wait behind the chair .of his mistress. But it was to be remembered, 'that her Royal Highness had several times 'dined in private at Genoa, and it was not an impro bable inference that on some one of those occa sions Bergiami had &Ott with her. But he did not think it * . as necessary for them to take that ground of explanation. Another vaunt ed contradiction; which bud been established to Majocci's evidence, was; his statement about the secret stair-case. Btlt kiow futile was the attempt made to contradict him . ? How nam swore that it was a back sfaivCase, to which the servants had OCCesS--±it was not secret ! Another point of contradiction attempted to be established against his testimony related to his knowledge of the Baron d'Ompteda. He stated in his evidence that he did not remember a person of that name dining .at the Villa d'Este —that he did not remember to have seen him at Genoa ; but on another occasion, when circum stances had occurred which must impress on his mind the recollection of his having dined at the Villa Villani—where; as visitors were less fre quent, the Baron ; as a man of distinction, would of course be more liable to attract his notice, lie admitted that he had seen such a pers'bn there. [Mr. DEsrmAN, in an under tone, asked where that admission was to be found ? and the Som curon.,GENERAL then read from the minutes part of islajocci's examination, where he answered, " I saw in the • house at Villani." Some further remark being made on tile other side, the Learned Gentleman proceeded with his speech.] His Learned Friends on the other side grave ly asked, " How it appeared that that answer referred to Baron d'Ompteda ?" He answered, it appeared from time purport and connection of the questions which had been puts These had referred to a Baron with an extravagant name; who had before been alluded to. But it was said he was contradicted by Carrington—that person who was described by his Learned Friend as born with the feelings of a Gentleman. How did he prove that sentiment inhabited his breast ? WhY ; by quitting a situation in -which he had the opportunity of reaching the situation and rank, so congenial to the feelings of WO mind, if his Learned Friend was 'right, and preferring to beCoine the Menial servant of Sir William Gell. Butt again it was said, Majocci had de nied a conversation which took place at Rufinelli, and which was sworn to by Carrington. • If that conversation took places and -Majocci recollect ed it, what inducement could he-have had to deny it ?" The sentiments he then .uttered' were to his honour. The conversation in question took place four years ago, according to Carrington's testi mony, and was nothing to be allowed for a lapse of memory ? Besides which ; it would be recol lected, that the conversation was sworn to by a person, who in his own testimony contradicted himself, He swore, first, that he never served hut on board the Poictiers ; •and, in ekplana tion, said, that he understood • the question to- relate to his services - -under Sir John Beres. ford. Now he would put -it to - their Lord. ships to say if he'could possibly so have - under• stood the question.- The explanation was inconsis , `ent with truth. So as regarded his statement o s conversation with Sir J. l3eresford, that Ho Officer positively denied any, such conversation having ever taken place ; yet it was upon the evidence of this witness, thus contradicted, that their Lordships were called upon to discredit Majocti. Another strong circumstance against Carrington's statement was, that there was another person present at 'this conversation, namely, Francisco Serrie. Why was not he called to confirm Carrington ? Francisco Ser rie was in England, and had been at Mr. Vi zard's Office. His not being called must be taken as proof against Carrington. Much had been said of Majocci's Non 'id ricordo ; but he would ask how this expression, fairly taken, could operate against him ? On the other side, persons of high rank, and high honour and respectabi lity, had been called ; and to questions of considerable importance, had answered—" I do not recollect." lie . was far from intending to impute any wrong motive to these illus trious individuals ; he only requested that the same charity which was given to these well edu cated and highly gifted individuals, should be ex tended to the humble Majocci ; especially whewthe different mode of cross-examining the . witnesses was considered. To• the illustrious individuals alluded to, questions direct were put ; but to Majocci, for the purpose of making an impression on their Lordships, all his Learned Friend's clues, Lions were put circuitously. Were low.ever at a house with pillars before it? Non vii ricordo. With lamps on the pillars ? Non nil_ ricordo.-- With Sentinels at 'the door ? Non mi ricordo. Were you ever at Carlton House ? Why he would ask was note this question put direct and a direct answer would have heed obtained to it ? No, that would not have an sWered his Learned Friend's purpose. The Non ini ricordos, which were to have effect with their Lordships and with the Public at large, would then have been lost. So with regard to the other parts of this witness's 'testimony, which had been adverted to by his Learned Friend ; the Non mi ricordo-,--- T more no than yes' fairly meant no more than this—l do not recollect, but am rather inclined to think it did ; and, taking the whole of his testimony, he contended, he stood without material contradiction, allow i»; only for the frailty of memory, the nu merous facts to which this witness had been examined, the length of time which bad elapsed since many of them occurred, and the 'extent and nature of the cross-examination to which he was subjected. Adverting to what had fallen from his Friend, Dr. Lushinoon, his Learned Friend boldly stated that there was no instance of a female being divorced after attaining the age of 45. Why, he perceived, that in' 1816, there was a case of divorce in the Arches .Court '(Barlow v, Barlow) where the fe male was 46. This proved with what caution the statements of Counsel, unsupported by evi slioultl be taken. With respect to vemont,i' evidenCe, it was Said, she wAs contradicted as to her Royal Highness's return at an early hour from the Opera. Sir W. Gell said, the performance appeared to him very long. He,was at the time very lame, and stood during the whole of the performance behind her Royal High ness's chair. Mr. Craven said, with.more caution, he believed the performance . was over that night later than usual. Nothing'positive . was sworn by Deinont,Vto only said irappeared to her that her RoYal Highness returned earlier than usual. Theo; as to the dress which her Royal Highness wore at the ball : Demont never said that it was indecent; but said that her Royal High ness was dressed as the Genius of History ; her arms bare, her breast bare, and the drapery dis posed in the way usual to represent that charac ter Sir W. Gell, who is called on to describe it, says something . ,was expected in an adjoining roortia door suddenly opened, and the Prin cess plaCed a wreath of laurel on the bust of Murat He says it was so quick it was almost like a flash of lightning. Mr. Craven Says, it was so rapid that he could scarcely see the dress, but does not think it was indecent. Sir W. Gell said it Was . like the Cariatidie, or Mr. Hope's Minerva, and these have their arms bare. Then as to the piCture of her Royal HighnesS, as the Pe nitent Magdalen, Dement is treated very unfairly; she said the gorge was bare; the word gorge may mean the neck, or the breast ; but on her being fur ther questioned, she pointed out that the breast was half bare. These were the striking facts insisted on by his Learned Friends to impeach the testi mony of burnout ; and these were the Gentle men . who talked of opening speeches, and the faildre pf evidence to support them. With re spect to the second night at Naples, Mr. Wil liams said he would prove, by one of those for tunate accidents which sometimes happens to de tect perjury, that the Princess passed that night on the travelling bed, in a small room—that a storm arose, broke open the windows, which caused a servant to enter the room, and there she saw her Royal Highness ; but the servant is not called, and not a word of evidence is called to prove the assertion ; and yet they Complain that the Attorney-G.tneral's evi , .deuce did not support his opening speed!. —Sicard says, the storm occurred on the first night, and his Learned Friends had wished to transfer that incident to the second night. It was impossible, when speaking of Naples, not to be struck with the change in her establishment. She was there surrounded with several persons of her adopted country—Lady Elizabeth Forbes, Lady Charlotte Lindsay, Sir W. Gell, Mr. Craven, and Capt. d'Este. Weafterwards, said the Learu.: ed Solicitof-General, find her very differently at tended—the Countess of Oldi, Bergami, Oliviera, Vassali, and' other persons of a similar descrip tion—most of whom had served under Buona parte. For the wife of the Prince Regent of England, and the.dauihter of the Duke of Bruns wick, this was a most' extraordinary selection. To select for her domestics and associates indi viduals from that army that had been in perpe tual hostility to her native and adopted country— that had triumphed' over ' the glorious death 01 her fattier,*and driven her brother from his terri es tories—that brother who vowed never to sheath his sword Until he had avenged his father's death, and who fell in the glorious struggle ; that the sister of this Duke of Brunswick should discard her English suite, and replace them by the enc. •mies of her house and family, was only to be explained by that influence which .Bergarni had over her Royal Highness, even to oppression. We- have been told that her Royal Highness was forced into exile- , —was banished. So far: was this from being the case, - that her leaving the country, as the whole world knows, was her own voluntary act—at her own request, and only acceded to by the persons to whom she:applied. In the early stage of the proceedings appeals were made to the reign of Henry VIII. The names of Ann Boleyn and Henry at length became- so familiar to us, that something strange must be had recourse to ; and it was with surprise and astonishment that I heard my . Learned Friend, Mr. Denman, whose profes sional talents I admire as much as any man, and whom, in private life, I love and esteem —it was with astonishment I heard him declare, that the history - of the .world, ancient or modern, furnished no parallel to what the Queen had suf. fered, except in the worst period , of Roman his tory, under its worst tyrant! The Queen was said to stand in the situation of Octavio. ; but let us see - the parallel. Octavia's father was murdered by Nero—her brother was murdered by Nero, in her presence ; and she, the .most virtuous and spotless of women, - was•accused of adultery with a slave. But she had never been familiar With the slave—she had not advanced him,--she• had never slept 'in the sante room with him : Octavia was banished, and afterwards recalled ; and. then the most infamous of wretches, the man_ whom Nero had employed to 'murder his own mother, was by, bribes, and a promise that he should not suffer a greater punishment than being banished , for a, short tinte—this wretch was induced to declare, that he had had crimi nal' intercourse -with Octavia : this confession was adMitted as . a very strong proof of her guilt, was thrown into , -hot water—her head se vered from her body, and sent to Nero to glut his vengeance. When I heard such a declara tioa as this, my blood thrilled - with horror'; and I scarcely knew where I was, or front whom I heard it. But my' ,Learned: Friend's -compari son is not only untrue, but even with hiM it is not original. I find in 'a -Newspaper publish ed a • few days before my Learned Friend's speech, an advertisement of a book, entitled " Nero Vindicated," - and published by whom By a man whose name well known—Wil llgm of Ludgate-hill.—The Learned Coun. set then proceeded to comment on the balls at the Barona,.. which, though •in the immediate neighbourhood. of Milan, were not . frequented by any of the Ttaltan Nobility, - or by any persons of rank and character, except the Baron Cari netti, and one. or two other individuals. At the Theatre at the Villa d'Este, Lieutenant How. nam admitted that the Princess danced with the servants, and that, too, in the presence of 200 personsi Thil was certainly a degradatjo j The exhibition of ‘Mahornet had hen strangely met by his Learned Friends. A ir. Sharpe had been examined as to a Moorish dame he saw at the Government„House at Caletidal and he said that there was nothing indttent it ; and your Lordships are called of to 'seller' therefore, that Mahomet's dance wat- n ot inu i e centlif Sir W. Gell,.aajs th e re was nothing rn cent in it ; it resembled" the Spanish bolero (); our Stage ; but he acknowledges t hat it ITO t dance of an amorous character, and if s o, it might assume many shades from innocence an , simplicity, to infamy and licentiousness, antrlac: cording to the persons before who m it svas es i r bited, would assume more of on e or t"e other. The Learned Counsel for t he Bill. th,lll' quoted a passage from Buurgoing's Travels,w ll , lc described the bolero as an amoro us dance tn, inflated youth with desire, and rekindled the Pr. of age. The evidence as to the dance was 0.7 elusive ; and, from Majocci's exhibition of their Lordships might forma pretty correct QPve nion as to its decency. Hownam says the J ai ' was apt more indecent than the Spanish Niel: Perollo says that it was exhibited before s`' ; 5 of the servants, and yet none of these sesclit'; e had been brought forward by his Leari Friends opposite. There was, the r e fore, not tilt to contradict the three witnesses who s wore to tti dance being indecent. His Learned Friends i% not touched, or at least touched very slightlyl rhe % the transactious at the Villa d'h'iste ; but w could not contradict facts they might lease peached the character of the witnesses, ive r is s possible to impeach them, for they bud tils enough. At the Villa d'liste her Royal ness and Bergami often drove out together small carriage. Count %%assail was rand er contradict this ; but it turned out that be Ti s es ts lived at the Villa d'Este. The evidence of u'it dini, who went suddenly into the room, and s s ,. the Princess with her arm round Bersami's•r ie : was declared to be improbable, but i t was ti,b's contradicted ; and the witness had stated 'll, circumstance on the same day to the s on or to architect, who might have been called, 0 father was, though not examined on this poin t ' s The witness Galli, the waiter at an ino , sworn that he saw the Princess and Berga loi delicate morsels together. The Prince's something from her plate and gave it to BecEavils who took something from his plate and gave it if the Princess, and afterwards the witness ss e ., them kiss each other. Several others were cirea sent at the dinner, why were none of the m to contradict Galli ? Again, as to the eviti ell / j respecting the bust of I3ergami and her It °l o l Highness, taken at the Villa - Brandi, and P l3c .,- in Bergami's room. If this fact cou ld be ‘,"tiesj tradicted, why was not some of the O.is servants called to contradict it. ? Again, a s i i the several circumstances which occurred a t 01' Villa d'Este as to the manner of h er ft° l o s Highness and Bergami living together, each other, walking together, sitting tog e s t t he and living as equals in society ; none 0 ' si' serv ants were called to contradict the fac t6 .i , this description, deposed to , by o ther ' I :3; nesses. He must once more call their 1,,"-ts, ships' attention to the transactions a t Ilia, as deposed to by Dumont. The be i tir iss j4 '' the little Victorine cry in the night, ao° do e Countess of Oldi trying to pacify her, the circ l e; stance of the witness not being called as tis:ttos undress her Royal Highness, the early 0 ° „,..03' of the doors of the apartments, and the' 6% 0 0 stance of seeing her Royal Highness coming rte Bergami's room at an early hour of the e' c s se, ing with a pillow under her arm on syllichls7 always slept. His Learned Friends had cfsil e tt ,s ( witnesses to contradict these facts, althouo ' o d might have .called Brunette, who his 13° I. na JJ Friend, Mr. Brougham, had declared he 1h ) sd call, and had stated her Royal Highness het yet seen no reason to suspect or to dischalleveo from her service. But Brunette had not Of; called, nor any reason assigned for not s e ( her. If, however, there was a reason Pros!, calling her, why was not the Countess of t, called, she could have contradicted Doialss" capable of contradiction ; vet she had oe t a called; the transactions at Catania rernaia e A A s! c o ntradicted ; s and, if they were true, costi-"ts) one doubt that an adulterous .intercoUr se isi ? place that night between the parties? b sii o respect to the Countess of Oldi ; her fleit called, was the strongest proof 'against tie r 01 jesty ; for the Countess was almost alsvaY situation hi which she might have cOntradic t „ or i or most of these facts. He would next si,''issa° revert to the transactions at Carlsrhue , was examined as to what took place there..ipe. swcre positively to seeing her Roy al 014 t 04: in Bergami's room ; but it was said, tolti,'; not her Royal Highness but the Cou ntess 4 If it was so, why was not the C ountess o ol called to state that fact, which she inig h „ s done, without di ffi culty, if she was lea ';',,,1 person .at that. time in Bergami's roo01•001"' there was another strong proof of th e inte LV , which took place at Carlsrhue : that was Ilj - e r ; ing her Royal Highness's cloak on the l i t , t 0 circumstance which, even in the stateoleislOt: Learned Friend had nut attempted • to e 're His Learned Friend said, they had suffer il 5 ly by the absence of Baron d'Ende :• t b ss si L e only assertion on their part, and he Was Ae l, at liberty to assume, that had Baron d'Es i nsii:a here, he would not have assisted her - , 1 " 31 4, case. .Their Lordships would give a 94. ° i s weight to one assertion as the other, a t : ot i t) mately would decide not an assertion, be.` o old evidence before them. Much obsess-o°ood harsh nature had been made on the cot! Baron Grimm, and he could not bu t thine 000, unjustly ; for what had`Mr. Grimm a°l3histaiii than any Gentleman would have done in f o r t l i ation ? He had given up his apartMelit4o accommodation of her Royal High°, i e . tY,, could not close his observations withoovsrofi, some remarks on the conduct of his ‘c o lls i Friends in bringing forward a charge °' racy to suborn witnesses. After calTinft tv and Hownam, his Learned FriendSs, when h ( S4javit Cas e , Si tit Si t ' '!-01 , vh ;. 1