The British Press; or, Morning Literary Advertiser.
London, England, 1820-08-28 00:00:00

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aerieristif;insi All *0 &Mild them lay do*u a strict, twlfera.
Me, invariable lineof pesteeeding. bat on do so we suet
delibNu
ate gravely, and having oneeestieblitheil the rule.should adhere
to it strictly, talexibly, mad lovariahly. My Lards, mlemerthig
to the particular crossontamination of witnesses by illy
Counsel for the defence, there was, in my mind. great weigh)
(ii what was urged by the Connect who made the objectivall.
It would throw iakinte difficulties In the way, if your Leref.
ships were to admit the examination of all the witneame.
is
chief, without allowing ony addition to those wilnesiea
is
consequestre of what might arise out of the maminum
See, my Lords, the length to which this would care;
rm. Your Lordships must nut only defer thescrossietanet•
time to a future period, but you must reservestolfM.,Coopis
se) far the Bill a similar right to call new witnesses in copse.
quince of the crosonixaminalion, My lards, atijoierjemesic
of this day will gimes note.diy for consideration, whether•
we cannot lay down i time Mid distinct rule; lry fre,
'pride our Yrneeedion on this imporleitj 'object. Unless
this he done now, we shall find that, day liy day, and 'Ter
by hour, we shall find ourselves involved in new and inentri,
cable &filen/tiro. I would venter.. these to euggeiit 41he pros,
priety of turning your Lorifshiper thoughts to ibis point at
suer, and to deferring all other hornless until this lw decided.
The course followed has nut beets the most expeiliveit. Now`,
my Lords, areording to our present course, we most not
merely, as the Learned Lord stated, defer all emensination, and
also defer the Commers summing up the eVlliellee, hot you
must also reserve to the Counsel fur time 1001eC1011110 the op.
portuuity of producing new witnesses as he shall flail it ne•
centre to do, on any circumstances that may arise upon the
eromiexamiliation. But, my Lords, in not having anticipated
the present difficalty, you have not provided ~mast it. I
am sure sour Lordshipe will recumeider the subject without
being emb sett by any former error, from • wish to pre.
verve consistency. I should therefore suggest that Coun.
set be ordered to withdraw."
Lord Rederolale--" My Lords,say proceedings which your
lordships may adopt nn the peeseat occasion will not only
affect the present proceeding, hot it will be • precedent in
future—it will Weenie a pail of the law and usage of Par-
liament. and will apply to impeachment and every other
proceeding of this nature; and, therefore, your Lordships, I
think, ought to be particularly cautions before you vesture
to depart front that which has been the ordinary rbactice in
examination. My Lords, 'dram are to come to a resolution
on site subject, it should be specially applied to the pre.
sent case, and it should not he suffered to remain on the
Journals of the 11111111 e, at that which can be applied to any
utlwr ease, except in precisely similar circumstances. My
Lords, 1 spprelomil that this mode of proceeding is replete
with the utmost danger and diffictilty; it is contrary to any
mode of proceeding I have ever witnessed in soy Conrt of
Justice. It was 6141 of all desired, sio a particular case, that
there should be a departure from the reenter coarse of pro.
emoting. awl now that is to he turned into a astern! Mk
upon the subject. Now, my Lone, Ido conceive that
IM
only ground, if you ought at all to depart from she ordinary
course of proceeding is phis—that as the *noes** who are
produced in this cis,. being promos principally Mooed
from abroad; and with oversee' to whom the persons also
ore to defend the case, cannot be able to make those iu-
quiries which they would have been able to make, in a ease
where the transaction had happened in Cloolond, and they
had known the persons who were to come haw e the House.
My Loots, the law of high Irerspron trivet them the oppur.
tunny of impeiry, hut diet does not extend to the question
now before your Loretthipa But, my lords, I consoler that
nothing is more important 011 the commextmination and re.
examitiatiiin of a witness, than that it should ittsinediately
follow the exeniinstion in chief, when all the facts and cir-
cumstances. hive been produced are in Ike view of those
who are to joke on the subject, and when the mind can he
said to In fresh. But it is now proposed—not as orimually
proposed, wider particular cirri ..... •tances, tad upuu show.
ing a special ground—but it is Imo proposed that the ge.
ueral cross examitiviou of all the witnesses shall he stop-
ped lid the Counsel in opposition to tlic Bill shall re-
quest them to he exammeil, I say it is utterly ini-
pottible that it can be dune in this way, and it is Ito.
possible to form that just judgment nit the case which
would be formed if the examination was proceeded in in
the common and ordinary way. My Lords, %frillier upon
a particular ground down it might or might not be essential
to the perposes of justice that the witness should be cross.
examined, and called tip again to he re...w00 lied, is another
imestiou; hot never yet have I knows,, oar ever yet have
1 heard it suggeated in any Court in soy case whatever,
to postpone Ike cross-examen:di .... of a witness to any Mile-
finite period, or that it should not immediately follow the
essimiliation in chief. It hoes seem so me that if you do
deport from the ordinary course of proceeding. and I give
my opinion that I think pm ought nut; but if you do, it
ought to he smiler the greatest guard, and nut then but for
special reasons expressed by a Besolittiou of the House, and
expressed in inch a matinee that it can never hr brought as
a precedent in any future time. II should declare that it
was expressly for this purpose. My lords, if it is to be
allowed to one side it must he allowed to the othersand then
your Lordships will Involve yourselves in difficulties from
which my mind is not capable of extricating you." . .
Lord Erskine then addressed the House, hut lb so um:
tone of voice as to be almost amendable below the bar at the
beginning, of his address. He agreed with Lord Redeadabe
that enemy dificelties arose is, a case like tins where the wit•
misses were in different parts of the world ; but he asked. did
any case ever conic before Parliament either to the shape of
iinpeachureol• ur Bills of Pains ail Penalties, or in any
manner whatever, where the accused was called on to answer
fur centime; committed 10 parts beyond the seas, while the
persur accused was not resident in any part of the world
from whence she might calculate who were to he the slit.
tosses examined atoms' her, Ile said that he had humbly
suegested to their Lordships that they should give a list of
a ineemses, and that they tioin,9ll far from bring involved is
any dsfficulty, wool I not havr been Misdeed iii this, from
the opening of the Attorney General, that he iris not only
perfectly possessed of the time end places, but the days and
hours of the days, mid that they were ,wt only possessed of
the witnesses, but must they were possessed of every our they
now propose to call. Ile reminded their Lordships of
the situation in shish they WOlll4 lie placed is linifne.
He had also to remind their hardships that they had taken
no tarp whatever so prevent the daily publication of the
evidence. The evidence, untitled as it was, was teemed
both every inurniug to the world, and in the course of the
day was in the !muds of aIIUOSI rata y toady, sod he would
ask whether it axe possible tioi lo feel that some impression
had been made which might hum taut to be a false mores.
siun. My Lords, said lie, there are some diseases for which
there can he no core, and shat is this case—there is no
cure for this. Ile allowed that if it could &odour, it would
be proper I 0 liste she cm ime.examinatiou follow the emend.
nation in chief, tut, in his opinion„ justice could out be
done in Ibis CNN to the accused if that were to be the cage.
All he desired was to be placed in a situation to decide
impartially on this must distiessing case. and that hi de-
clared to bermes, lie would do to the limn of his abilities
and pow. r. Notwithstaintinx the very clear and able manner
which his Noble Friend on Ike Woulsock had delivered his
opinion on the subject, yet lie hoped that though theme was
no motion haute the House, that his Noble Friend below
him (Lord Grenville; would make one, in order to prevent
their Lordshii s from Leine itivulved in the difficulties with
which they were threatened, and from which, if once ea.
tangled, it would be impossible to s &twat,. ohmmeters.
Lord Liverpool—" Lords, if I onelessinsid the Noble
Limon opposite (Lord Grenville) rightly, he desires, as to
this question, that the House should take 48 hours to bon-
soder of a rule that is to be lei.! (limo. T., such a.pro'posi-
thin I can have nu objection, boll wish, before dila medians
is made, or before it is adopted, to soy iikse words ran the
stale of the proceedings is they at pretest appear fibtrire
your Lord-fops, because Ido nut'coulider, cestaiolj,,itat
the diaculty Ni great pie that suggested by other. No
Lords. 1 would also elate soothe': view of the questio • it
which lam rind, Mailrhit, even lipposioe it 16 bra •
tally, Hitt belieie it it • diftcultY which it is. hi. Is

/hr kit vitalism ahltis alien le, eta yes proem) is doss.
Amoy. vow tor a team of jortice, rod call ow the Citadel
tor she Arkone immediately, so erotwesamioi the voltam%
rod after/table foe the Commief for the promotion tel,
examiui tad son op limeirdiately? CAM you eat' *ph
Clime', to aim op the eareottej not bowleg what easplyy,
Tel appear rem a snood erovreramistation elf their erllstem?
It thereto* my Lords, apprara to me of shr very hat im.
potioare that' we ehoold cootidet .thie reryieeportoosn pplpy
. .• iltrift. Ifteit.