The British Press; or, Morning Literary Advertiser.
London, England, 1820-08-29 00:00:00

to the roles of evidence observed it other Coatis. Ise these
Courts the cross examination followed immediately the ex-
aniinatiou iu chief. If occaeion afterwards fell out which
made it necessary fur the Defendant's Counsel to re.examiter,
on sufficient cause heiugshowe to the Court,• witness might
be reca lied, arid other questions put to him through the Judges.
This was the rule which their Lordships Lind resolved to
adopt, and which had beet maintained in the first reliable-
thins. Up till Saturday he 'assisted upon it, there had been
no departure from that rule. He referred the House to the
printed evidence—there it would be found that the witness
Majoechrwas cross.examined immediately after the exami-
nation, and that lug cross-exemivation continued until the
Quonset for the defence admitted that he had nu further pies-
lions to pot. Au application having been snlesequestly made
by Mr. Brougham to have filajiicchi recalled, the Learned
Comorel admitted, after stating the grounds on which he
made the applicaui ~,,, that what he asked was irregular and
nut g Ily convenient; he sought it, its fact, on the
ground of indulgence, and on that ground, es well as
with • desire fur the accomplishment of jollier, did their
Lordships accede. It was then well utiderstouil to be •
departure from the general rule ; fur what practice in ordi-
nary Courts could be more inconveuiesit and dangerous than
allowing witnesses to be cross-examined twice ? At she time
of giving evidence, there war ample upportimity for die!
crediting a witness either as to his preset* evidence, or the
conduct of his past life. Their Lordships hail added iw
this case the privilege which bad been allowed to the
Counsel fur the QUCCII so have lime, as much us they
might think suflicieut, to get witnesses over from the
Vositinent. Then let the present examisatiuss go no,
and let the cross.examivations go to each ealeut as the
Counsel fur the Queen might think proper. if subsequently,
in submitting the evideuer, her Majesty% Counsel could
make oat a special case, requiring the House to bass say
of the witnesses re-examined, their Lordships would be
ready to giant that indulgence; bat let the Howse ob-
serve its own rule. Their present difficulty arose from nut
having well understood that ride, for certainly it would
be entirely contrary to the dignity of their Lordships'
House to appeal to the Counsel at the bar fur instructions
es lo whether or not they would adopt souther rule,which he
maintained so be hostile to the purposes of justice.
Lord Humeri perfectly agreed with the Noble Lord as to
the wecessity of conforming their rules in hearing evidence
to the practice of the inferior Courts, which had been proved
by long experience to agree best with the ends of justice. if
any fact corning to the kuirwholge of the Counsel fur her Ma-
jesty, after the cursclusims of Ike eroes-examinsti on respecting
any sine of the witnesses, were to be submitted to the
House, awl a sufficient reason were maisifested for recalling
that witness, doubtless I heir Lot &kips would be ready tuallow
the indulgence first promised of caught" "restless to be pet
throegh the Noble Lord ins the Woolsack. This remold
abswer every fair anal useful purpose which the Qesen's
Counsel might have in view furitie defence of her Majesty's
character, and would moreover be conformable to the rules
and practice of the Courts it Westminster Hall. In those
Courts the Counsel for the defence were required to spew
the grounds fur recalling a willows, and thew the speedos'
were stibmilicil to the deliberation of the Judges, who deter-
mined whether or nut they were proper to be put to the wit-
aess. It laid been said by the Noble sod Learned Lurd oppo:
.aile, that the House had been brought into this &kerma of
heroism Counsel iu suggestiou of their own measures, by her-
lac refused the list of witnesses, which be (Lord &slime) had
moved should be given to the Counsel for the Glovers. Be it so.
Be confessed that still he thought the rejection of that mothers
rational and equitable. It was • well understood principle of
the law of evidence, that the paivilege of recrisiug a hat of
witnesses Iris confined to trials for high treason, and that
such a privilege, were it to be greeted iii other ca•ev,
would be found to be most isiessuiresient iu practice. No
Judge that be ever read had ever ventured to re-
commend that this privilege should be extruded to urdisary
cases, or indeed to •ny other cases than those of high
treason. lie hells vid that 'tour of the Judge. then sitting
on the Woolsack had ever given any opinion favourable to
the extension of this privilege to other uffeuces. It would
be said, perhaps, that this was • peculiar case, and ought,
especially as it was a state offence, tee be eseepted from the
rule of ordinary cases. He confessed that be slid nut think so,
and sew the other hand he saw great difficulty iii preveushig
the recurrence of appliratiosis for the same advantage iu
cases which, however different iu other circionstauces at-
seeding theta, might resemble the ease before the House ea
She selistsutial part of this charge. All that was necessary
Om the fair defence and exculpation of her Majesty would be
rowed; but be confessed lie could sot see the propriety
Of allowing the Counsel fur the Queen to reserve the cross-
examination, not on account of facts which were to them
already knows!, bait or account of facts which might subse-
quently become known to them. He concluded by moving,
That the Lord Chancellor. should instruct the Counsel fur
the Queen ilia it was the pleasure of the House to allow
them, iii ally subsequent stage of the proceeding, on a case
being made out fur the purpose, end their Lordships being
agreed, after hearing the questions, on the propriety of their
being put, to submit such digestions as would, if •pprovi-
ed of, be put to the witness by the Lord Chancellor. -
Lord Erskine said, that never was as adjouremeut so
perfectly thrown away as that which had taken place ow
hotoesioy. leeteed of allowing Mr. Brougham's rpiestioe to
be pot and astawitred (sod to that location be sesintaieed
lion meld be me lair ebirctiou), their Lordships had listened
he s leen speech teens the Attorney-General, and bad agreed
to an alljearoommill, to allow time for'emsidering they could
nut row tell what. The Noble Lord (Llailerdele) had
then oweireteistesi the Howse ea the edjeenweent.--i
if theigeOssiSsi which separated their Lordships were, le the
&pimiento/ OM Noble Lord, of so sissy adjostameet, why 411
en&llealehle Lord give that espiesiotient se it at tee e'eleek
eolleteniey?, Why did he, east Uwe say that it warmly to
mahle by their first role, end .014 lahlwent the geettiee
whighnite jest thee pet by lbw Caner* for the en?
'!tie tllubis Leed's ailed leas rarely own nate red lismapd

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