The National Register.
London, England, 1820-09-03 00:00:00

they had obtained the rimming of their Lordships' order
that in lien of the advantages denied, they were to have
certain advantages peculiar to the ease, devised by the
wisdom and justice of their Limdships, to meet the diffi-
culties in which their Lordships' justice and wisdom had
placed her. It was little thought by bee Majesty's Coun•
gel, that when those advantages came to be sifted, they
would be found to be the comma advantages allowed in
all courts of justice, as matter of indisputable right.—ln
the case of the Duchess of Nerfelk, all the advantages
here denied were granted. Tim Duke was called epos
to state the periods and places whoa sad where the acts
were said to have been committed. Her Proctor attended
at the bar of the House. On the 14th Amery an order was
made by their Lordships upon the Doke to specify the
places and witnesses. ()o the 14111, Use specification was
objected to, as of too general a austere. The same day the
objection was answered, and a more particular specific,-
time ordered. This leading case was that to which their
Lordships should look for a guidance is their proceedings.
To say that it was no authority was childish sporting.—
Upon that fattens case, three or four witnesses swore di-
rectly to the fact of adultery; but, sotwithstanding those
depositions (so material was the eress-examination, not
one word of which could have been given, except a spe-
cification of witnesses had been supplied, the evidence
was discredited, and their Lordships threw out the Dill.)
How monstrous and ,crying ap hijestice was it to pretend
to found a denial of the advantages seaght for open the
practice of the Courts of Law! Mach was the way in
which they were desired to look lute the Courts of West-
minster. Was the evidence to go forth to the Public
basely and malignantly inisrepreseeted? guppose a wit-
' nem goes through a fair examination. such as we may say
the first witness underwent, yet ender what striking dis-
advantages does a Counsel labour in the cross-eaamina.
lion, who, Instil that moment, was leonine( his existence
—name—place of residence—or. the facts that lie was
called on to prove. If their Lordships bad allowed a
list of witnesses, and a specification of ibe places where
the crime was alleged to have bees committed, mid had
granted the two months delay *eked by the Counsel for
her Majesty, instead of sufferiog the charges to go forth,
then they (the Counsel) would have bad no difficulty, our
would they have asked for any delay. To their Lord-
ships, however, it seemed good to Mt otherwise. Did
Noble Lords believe that there was snob virtue in Counsel,
or such magic in the dress they were, that the moment a
witness comes and states any thing, the Counsel may be
enabled from his appearance to lima what he is, or who
thee bespeaks the truth or uot? Oue laJury in the present
ease was, that all the examinations owes, side were per-
mitted to go fora' and poison She
..gsg* Baud, and that
the Judges in this tribunal mixed inffiltely more with the
Public than in ordinary saxes. 'g Suppose,_ said the
Learned Counsel, that a month hence at is discovered
that A. B. a witness, has received a sum of tummy for
, swearing against the Queen, nay, that the condition of his
receiving that slim was the conviction of her Majesty, and
Learued Lords knew how important it would be to prove
such a fact, yet I cannot do this, according to law, until
I have cross-examined the witness. t ask him, slid yon
receive so and so? If be confesses, I gain my point t if he
denies It, then I bring forward my proof." The Lserned
Gentleman continued.—There were numberless ways to
impeach the credibility of a witness, and that of counter
declaration was very important. His Learned Friend*
on' the opposite side, although, they appeared here for
nobody, would not fail Aeizing the advantages of which
they would thus become possessed. Was it ever known,
since we had jest Judges and bold Counsel, that the sta-
ture of a cross mainivation should be stated berme it
commenced ? It so it was a mockery to call it a cross-
e.xamivation ; it was asking for a permission which he
(the Counsel) would disdain to accept as a favour, but
demand as a right Irons a Court of Jastke ; and yet their
Lordships appealed to those Coons, where no Judge
would dare to refuse it. The Learned Counsel aunts. the
astonishment of himself, and those who were ete,aged with
him, was as great as their disappoiutment, that all the
favourable anticipation raised by their Lordships should
he too king—that the cap of hope 'humid be dashed from
their lips—that they should labour under greater disad-
vantages than ever. Their Lordships compelled them to
'sear witnesses on subjects of which they were ignorant,
mud facts alleged to have heeu committed all over the
globe. When the House had Collie to this illonnened
situation, the Counsel for the Queeu were allowed to state
their objections to the proceedissg. The Learned Conti-
, SP! concluded a speech replete with force and elegance,
Li imploring (heir Lordship. to pause before they pliniged
into any new difficulty.
Mr. DEN M N rose, and with much eloquence protested
as C4IIIIIe.CI for the illustrious accused, agaionst a reverse of
proceeding, which tended to make her Majesty's Couinel
pasties against her, and to deprive her of the legitimate
,Jousids of defence. lie contended that there was no security
for the Queen—tin security fur the meanest subject wee-
' r.ty for any individual to abet august ameniblj, if a prism
charged with an offence should be deprived of the right of
a free, full, unrestricted, unshackled cruse-examitiatlon
for it was on that the innocence of the accused often saate-
rially depended—(clear, hear, hear.)—lt was on legal
points, and dry technicalities, that be was speaking I but he
would appeal to their Lordships, and caution them to he
aware how they laid down rules from 'finch lacy must after.
w ardsdepart 6 and to beware how they stripped an suitor-
'mute accused of all means of defending tkonselves flout an
attack.—(Hear, hear.) —Here the Leotard Counsel stated
the great advantages which a person accused of nigh treason
1111.4,,at'1l over het Majesty. There a lust oh Mllllt,ipell was
tarnished, their rs side.ce niNitioned, tied fait, elisr4ed
niaile ,ier sfe ally. Tate not a single 1/1141/rs, CO/lid he eau.
noted esetin time coutenied to mat lat. .1e need mit

state how far this difrered from the reseal case. He ap.
pealed to their Lordships, if any use of theta, or the ir
relatives, were seen o I of a crime ut which the ivied revolts,
stated to have been committed in Egypt or Greece, what
other menus they would have of meeting it, but by a crax
examination, after they had been enabl-d to emerging the
character of the witnesses seise them 1 There was one
important topic, and be thought it was cheaply one to which
his Learned Friend had not adverted, namely, that her Ma-
jesty's Counsel had not been tarnished with copies of those
depositions and papers, on which a Committee of their
Lordships had suede a report, recommeeding the lestitiansa
Matisse proceeding ag,ainn her Mejesiy. Hr ((Mr. Destimrs)
distinctly made applinnims to their Lorehhips for these
papers, nod that application had been refined. It was by
baying an opportunity on is former occasion when her Man
jesty's character was assailed. of coutrasting the prepara-
tory affidavits of certain persists' with the subsequent dept.
sitions before the Lords Commissioners, and by that swam
alone herd ajesty had been abk: to establish her innocence
in the eyes of the world. But of that advantage her Ma-
jesty is now wholly deprived. II wasimpoosible not to per.
ceive that several of their Lordships who had been in the
Committee before alluded to, had put questiusis to wit.
seises front information which they acquired from other
sources than the public proceedings consequest on this Bill
from sources to which the Counsel of her Majesty had been
refined, and had bad no access—but to which they might
to have the freest access, were it intended to do justice to
her Melesty....(tleaa)—This was one strong resew, la ad-
dition to the many which bad been stated. why her Niajwity's
Counsel should not be deprived of the mast full, ample, nod
complete right of crop-examination, or of any opportmeity
of bringing forward, sit any time, any information which'
might throw a light on the case, or cast infamy on thine who
bring infamous charges. However painful it might he, it
would be better for the Interests of the public that her Ma.
jeaty's Counsel should at mice withdraw' from the lengthy,
than give their sanction to a course .f proceedings by which
no
real justice could be dune to the accused party. It meads
indeed, be painful, but not so painful as to concur in a pro-
cecdiug by which, In the person of her Majesty, tine safety
of every person in England would be compromised, and to
which uuy of their Lordships might themselves fall victims
hereafter. it did seem to him as if her Mejesty, by every
fair means of defence being withdrawu frees her, were de.
voted to destructioa—that her destractioa, at all haaards,
was vowed and resolved upon. He fever would cease to
insist for the most fell and unreserved right of cross-extusi.
Nation on all OCCltlittlll. It would 'be better, a thausaud
times that all the summer months of the wet ten years
should be occupied in the toque s, Hum that the least injustice
tipellld be dose to the Ilinutrioas Party in the case by soy
41141awity is the way of permed/a& of ifebidailmee iloweships
were themselves the cause. The Learned Genders/se con.
chided a mast impressive speech, by conjuring their Lordships
to be guided alone by thine great principles— not of written
but of anwritten law—principles which were eagravest
the hearts of all men, lead by which every cultivated naiad
was regulated.
Sir It. Gifrord, the Attorney-General, and Sir J. Copley,
the Solicitor-General. severally addressed their leirdebips
against acrurding to her Majesty's Counsel, tie permission
they requested, to whom
Mr. BROUGHAM replied. He denied that be bed wil
fully misquoted the Disko of Norfolk's ease. The Kitsx's
Counsel bud comphinented their Lordships—he would admit
injustice. They, however, seemed to have a witesepoly srf
all the learning, of all the skill, nod those on the other side
bad only an odd volume or two to guide Hein. With these
he was content. Those on the side to be sure had Cob.
belt's " State Trials;" he had only the folio volumes to
cousult. The 46th and 47th pules of the 11th volume of
their Lordships Journal. bore bins out. Twenty winnows
were examined, according to those Journal.. and they were
cross-examiaed its to bow they lived; some of them said they
lived on their own means. The Dechess.accusdleg to the
Journals,was furnished with a list of witneises, their names,
places, ce.; and also with three days time no proceed.
The Leassied Gentleman denied all this; he only consulted
their Loidships Journals. and read from them. The times
and pieces were also give., and if the Attorsey.Grueral had
furnished him with similar cases, the ,ante were the fact s
for though the prisoner did notceow some particulars till
' the Hill was found, Jet the prisoner knew in what covet, he
was imprisoned, and that he was to be tried for suasething
done within that aunty. Here the accusation run over a
series of years and divers places in various quarters of the
world; while a primmer was sot tried foe a felunium inter.
course iu picking sundry pockets, but for souse specific anis.
A good deal was said about precedents, and Bills of Pates
sad Penalties were argued, as if they were regular lawful
proceeduigs, instead of being eaceptsons to sill law. Tbere
was to be a general ride—but why was there to be a gene-
ral rule at the expense of the Queen, and not of the oppo-
site party ))_lt was said that it would be better for ten
' ;nifty persons to escape tban for woe innocriti person to
Ire punished; but the contrary seemed to be acted upon.
However, it was clear from the evidence, that foice would
' he used where bribes failed; and lie mooned that similar
powers, foreign powers, would not be used to bring for.
ward the Queen's wimesses. They might be end rui
keep them away. These were some of the diffscalties
which mete placed in their way.
Lord LIVERPOOL moved, that the House de now
adjourn. It would be better nut to inettlis before to-
morrow. He begged to add, that unlimited funds were
placed at the disposal oilier Majesty, and where fusee w as
used to compel witnesses to come over for the useriitinii,
the same farce should be used regarding wan e • fur sots
Queen.—(Hear.) •
After ovine remarks froin Lord EItSKINE against the
rate, wlie thii.i„iit it would be teitcr nl, acticti in till the
Queee's cannst i en sled oc pr•part.i in proceed sou to the
ca.', cue House adjourned at rise v'e:ot.k.