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

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lAN Its have the witoesses impel fir a reitewea erotmet-
aminatina
Lord lectlestlale repressed his opinion. Mit the order per-
mitting the adjournment of the eross-essatination should be
discus toil.
The Earl of Liverpool did sot think that such a rule had
ever been laid dawns
The Marquis of lAnniown said, that the *nolo lion had
hero trail by the Noble and Learned lord from she Wool-
sack, mod it was am their fault if they had cemeladerl that
it was an order regular, adopted,
Lord Lsoderdsle made a few observations which were not
audible to ws.
lord Haerowlay observed, that it Counsel had gone on is
the manner they hail previously to the cross examination of
the last 1111111.1111, they would have hod what he should ant
call s reserved, bat an adjourned cross.exentiontion, loiterers
which he apprehended there was • considerable difference.
Perhaps the best mode, as ihe matter now stood, would be
to rail on the Condiel for the Damp to eneetinor She frog,
examination when they were brought up; if they saw reason
to object to that Clllllllr they might state all their grourie.s
fur desiring the liherty of postponing it; and if they should
say that th-y were not now poswesed of the knowledge mecca.
Pllll lo an i flectual crom-exemonsition, he etippiteed the
1-111111.1. W4llllll 3111111/ 111fIN to postpone it.
The Earl of Donuitithniore thought her Majeftly'e Coun-
sel hail Item granted she option of croes.examisting the
nil-
reams wholly at prevent, 4.r of rives...tog the whole till an,
oilier period. Dis underatanding of the aptestiors was this,
that on account of the diffietibles winds were interposed,
111 said by bee Counsel to lie interposed, no the way of the
Queen, by • list of *Unease* not having !wen foritiolied to
her Majesty, this option was concerted, and be thought that
her Majesty's Comemel had reason to miderstand so from their
Lordships' proceedings. Therefore he thought that after the
very first witness had undergone his examination in chief, it
was competent to tier Majesty's Counsel to have maid, We
am at liberty to postpone ilia cross-examination of ibis wit-
ness altogether, host we will not do so, as we are ready to go
on with it now." That this had peen the onderatanding of the
House he thought had been fully proved by what had passed
on Saturday, when the-Queen% Mooney-General had bees
I interrupted in the course of his eross.esayonsaliaa.
The en bun on this subject was costneued for some
time longer by the Marro' of Lanedown, Lords Rosalyn,
Liverpool, Erskine, the Lord Chancellor, Lords Carnarvois
and Elienboroogh, and a form of instruction to the follow.
ing effect, to be delivered by Um Lord Chancellor to the
Counsel, after having been called to the bar, was at length
agreed Mr, "That the order adopted on Saturday, vin 'that
the Counsel be called in, and s ha t the Colmarl against the Bill
he requested to state what departure from the usual course
of examination they considered nett-army to meet ilw jus-
tice of the case ; that her Majesty's Conned be heard tiros
the propriety of such departure from that coarae, soil the
Connowl in favour of the Hill Ise hear., egainet the arguments
of the opposite Counsel; was dierharged ;" and that it
li•ving Item proposed that her Majesty's Counsel aborld
lie COMM.IIIIII.II In proceed with the cruse-examination
of witnesses immediately after the examination in ,chief, as
in ordinamy eases, with a full claim of calling bark any wit-
ness fur further eroes-examination in case facts or circum-
stances out knows before should cruise to their knowledge
in the interval, that the House was ready to hear her
Majesty's Counsel °Elitist the said proposed mode of con.
deleting Abe cross examination on behalf of her Majesty,
am also the C 44444 isel for the Bill in reply to the arguments of
her Majestv'e Counsel.
The Cllllll5O on both rides were then railed to the liar,
nail the shore order iiiii ninicated to them by the Lend
Chancellor ; after whirls
Mr. Brougham begged leave to state the very great diffi-
culty in wlitele be, as Counsel for her Majesty, was
placed, by what their Lordships had seen it Mime to
do in this stage of the proceeding. The parties called
to support the Bill had shown at all limes, and in
every stage which would allow them the opportonity
of doing so, that they considered the measure entirely nil-
vaotageotis to their aide. The Counsel for her Majesty
had argued on their part, that they considered it as entirely
objectionable. If their Lordships, therefore, found them.
selves in any difficulty, a! least lie might lie allowed to say
it had not Ireen caused by their Lordships Mauna* seceded to
the opinions of the Counsel for the defence, but frum having
adopted that which was recommended by the Conn* I in
tiopeport of the Pill. This he submitted was one of the
slrongest reasons which conld be given by her !Naivety's
Connerl for granting them the pernbar indulges ce for which
they prayed, that all the difficulties and ineonveniencies
which lout accompanied this prinweding, and of which the
Aitorney.Grneral now complained, had arisen not from
his failing to gain what be asked, but from their Lord.
ships having granted him the whole amount of his re-
quests. As to the difficulties in which he and his Learned
Friends •ere placed, he would not my, because he was not
calluil Non' to point out by what other course they mold
have been best avoided; but in the present course they were
so great as to be alisolutelv insurmountable If lie had
rightly soiderstutid their Lordships, they weir now offered to
be placed in the same situation us they at I in on the
Saturday before the opening of the case, and the commence.
went cf the proceeding 1111 Saturday week ; but not wily
were they in a worse condition than when at that period,
they were put to their election as to their future course of
proceeding, they were placed in a more disadvantageous
situation than that in which they stood at ten o'clock on Sa-
turday mornitig. In the first place they had never been heard
at all upon the question of lurid:Wog the list of witnesses,
that question load been decithal on a motion, after hearing
their pe.ittuo, which originated with their Lordships ; se-
condly, they hail been denied privileges which were common
to every party in every suit. In all civil actions between
Plaintiff and Defeudeut, in all criminal suits between Pro-
secretor stud Criminal. the accused was allowed • specifics.:
lion of the facts to Ise proved, with as account of the places
where those acts were committed, and acconipanied with such
description as conveyed a resson•ble certainty and latitude
both as to the times, situation., and mediumistic(' of the
facts so to be proved. lip what lie was then urging he dirt
toff merely rest on the analogy of the law of treason, that
was only applicable to the arguments which they could urge
for having the list of witnesses (unvisited to them, but In
every case of accusation, wiu thee criminal or civil, the names
oldie counties wherein the acts charged were alleged to have
been committed, were at least given. Ilcre the emote was
laid in three or four quarters of 11w glolse, not that they had
cried or sinned in the county of Devon or of Middlesex, but
that they had erred or sinned in Europe, is Asia, and in
Africa, and in all the ports, harbours, sad eitradels,iu all the
towns, cities, mid provinces, in all the rivers, and upon all
the lands, cultivated or waste, peopled or uninhabited; in
abort, in every part and division of the aforementioned three
quarters of the globe. This was the peculiarity of their case;
ibis plea, whirls lie was offering, was that of innocence, nut
of guilt. If they were guilty, and-knew themselves to lie no,
they might have some &Heiden's' as to the tunic ur place
*herein they committed the arts afterwards to be proved;
they might of course have wow intimation of the circum-
stances and characters truth *hien they would have to con.
tend in el/lattice. But in proportion the senor of innocence
would be the degree of peril to the accused ; the inure Mi.
probable the accusation, both as to time and piece,
the less likelihood would three be ou the mind of
innocence, as to sulicipating such • charge. the testi-
moray, its that case, would be almost sure to come from the
quarter from which it would lie least expected. Now, in
couerqueuce of these peculiarities in their case, which were
not of their unwise-risen—which, as proles l i 111 l al men, they
had thought it necessary to appeal against ou every occa-
sion—which the wisdom of their Lordships House had laid
them under, cusitrary Its I very thing which they could urge
to the tuntrasy—it hail been understood that they were to be
'chewed (ream the effects of Owen by some compeasatiog art.
vantage, which their Lord-hipa were inclined to bestow, of •
more gracious character; and thus arrangement WAS to mkt
place to prevent the jarring...mut of their Lordships' prom-
ovum They had, in consequence, endeavoured to conform
their arrangenteuts to the orders which they bad received
from their Lordships, as to the seamier in which they were to
appear before them. They waited for this compensation,
which was to make up to them those peculiar disadvantages
ander which their Landablpa had shought It for the hill,'
rests of justice to place thine; bat they little thought that
the only advantages to be offered them, I. balance of
theme disativaatagroos peculiarities, were such vs were al-
lowed to every accused party in any suit ; !bey little

dreamt, that ,Mr beteg denied the list of witnesses ape"
chary' s( met relent, both as to time soot edssance, sad so.
ter their coswouting to proceed ender an anoterstaailing that
this defect would he conepenseted by snatething whirb ionint
be granted instead of that fist (s. Olson whirl the silossb
pem-emlios would be to theist a mockery, and seats tont, loot
for she hepa saes hold faith that they wow mew hi be in.
formed, " You are lei have wothiag nom than is es..
mon to any other Defendautoonvely thing Ins 1...14
taken away whirl imuhl *Mord yobs any advamap--.,
have considered of that, and our determination is, am
you can he allowed ma adventagen to make up for o„.
diffiettiliest ism. «hick we have sisnora yew, whin, err
not common to any ether party in every oho snit'
were their situation—they wore to be soled No dor pit-tow
disadvantages teresiste their note was said in he of a peer•
liar irhararter. The meanest they evilest fur souse rousts a. I
within Air the imp' dl eneumslasers in whirl the,
placed, then she 'bioic was obliged to wherry,. With ,ktf2-
ordinary strictness, rules sod pre ordeals, sod tke
the IWI Bailey and Nisi Pair* ri.eikl by or memo lo 4,note
ed from ; lb. es they could he allowed no oinailtsoes rose
each as were enjoyed lay retry other Defendant wbw h.,' an
the regitlar advaliteee. of a dine, and ordinary trot. p„,
their Loritaliipi. were and observing the miallogy of .1
law—they were not following bet &violin from pren.l.,,,
the meant their own precedents), if ouster encion•ntie..
without say reader dissielorantages an p.rui: •
that they bad Stye( been known in the world
114 110 imsginatiou could guess at before they were 1.,.
nomiced—they were not obeying their own preferbilit .!
they personnel in adding to all the winhiplird doseadvassioto
in which their Lordships hail placed than, the Colour' 1,.r
the dereuee. the denial of the membranous' row sought. I,s
t he t,Rt of the Duke of Norfolk every advantage had bees gins
to the Noble Defendant, which she asked for. It was mot true
that she bid only been furuisbed will the list of oilmen.,
soil the specification of the ciiewoonsons. Their Lard.
ships had given extraordinary 'Massages, compared with
those allowed to any ordinary defendant. The pariterliu,
stets el vertu parasite., and fifteen months, le who,
Ilse facts were said to have hens committed. "
yaws' months to year parishes," said the Unction
rare of the prlitioe was allowed by their Lsrdshiptiaud
they called un the Doke, iu whisk mouth soul 111 %filth
parish each of the acts had been consnotteel r.
mound partienlar given in by the Duke contained no
amendment ; the Acts were then laid owe July, W.541.n.;
Almost, Whitehall ; September, October, November, cs
John's, St. Mnrgarrt's, &c. So that the Duchess meld
Windsor and the other places and immediately 'anomie as,
of the witnesses for the [hike. It was not tree that he could
not riles cone parallel to that before their lAreiships. net,
lie to he called ma to state what case resembled it in mon
particular., and most strunglyin all impugns, parneolismh,
would simile this one of the Duke of Norfolk se 1691. The
Dochess'a Proctor attended fur her, who, as their lased.
ships well knew, WWI the ~firer engazeil it • soil of divorce.
He would give them the dales of the peoceedings:—th
the 14th January an order was given to the Duke to finish
the particolers; on the 10th the specific:36ou was pat is:
use she tons the objections were heard to that specilication;
and uu Ilse same day the Duke was commanded to 'moat
the particulars. On the 234 witnesses wrie bringht fa ilor
bar, whose examinations filled two pages of their Loolahips'
Journals, the questions heist as to the placer, combines,
and siii'atioss of the witnesses, and this in initiatihr,,
their Lordships must allow him In use it term of civil lasi.
But was the Proctor there for twilling ? No: be cremeks.
mined every one of the witnesses, as to whether their nen-
sentations of themselves anti their situations were tree
or not. Anil what did their Lordships noon ibis? The
Moan adjourned for three days the examenssion in chief,
in order to enable the Weediest to prepare to meet the mi.
doter. It was tint true that he could not be allowed to
quote this case of the Duke of Norfolk ; it was not fine tied
this Bill of the Doke of Norfolk's had an bearing or afiosite
with the Bill before their Lordships. The Bills were boob
/lolls of Divorce. The first was an established case—A was the
Stat—it was the leading—it was the ease which governed 61
sulisemient cases—it was called in the hooks " the great cue
of divorce." So that leo:arse this care was the great mei
only one which could be used as a precedent it a Bill of
vorce—because it was established, and had twanise the °sit
rule fur all eases—because it was distinguished in the reene's
as the one by which all judgments iu siaailar cases ought ti
be directed, her Majesty's Counsel were not to am it. lie
would say, emphatically, it was the case to which 31101,
their Lordships ought to look. And why would he say *if.'
Because circumstances bail since taken place which preens.
ed any similar case from occurring until the introdoetioe oat
the liftmen* Bell. In the ease of the Da. hem of Norfolk,
there were three or four witaessis she swore that they me
the parties in bed together; and one of the vitamin aeon
to hawing uuexpreholly opened a duos. at IViodem, sad de-
scrihed a scene so horribly indelicate that it was impossible
for him to state the particular. ; suffice it to say, that tie
circumstances were staled wilts such peculiarity as could
leave no doubt of the act of adultery having bees that cow
Pained ; notwithstanding which so material was the cross
examinations (not one of which would have bees hod it the
Duchess had uut been is possession of the list el f osherwtss“).
that they were all discredited, std their ILiareships were
pleased to show out the Bill. He (Mr. Brovolnen) went
soot now remark on the evidence already given, if may ex-
sinple of that soet had been set him, he c-onsidered it "mere
honotned is. this breech than the observance." No hoar
could have set him such an example, neither be was satisfied
could any of those Noble Peers who were called to de- ile
upon their honour, have given him inch a preeedent,
though if it had been given, be should still have 'Wend*
from motives of common deceitey, and hr now wientioari
the case of the Duchess of Noisfolk only to skew the sd-
vantage of that sulc whirl, they then laid down, and whin
on Saturday their Lordships hail adhered to in spirit, if set
in letter. Their Lordships were sow retracting all the sod
vantages promised at the outset, and they of his (!Mr.
Brougham's) side were now to be placed in the nose sows
Lion as to advantages, as if that were an °refinery case, sod
they were also to be expand to all the dietufmeatages result.
ing from the anomalous and extraordinag mouse of tail
proceeding. "But, Oh! my Lords," exchissik the Learnal
Counsel, " what monstrous, what crying 'won would it
tbe to adhere here to the practice of Courts elfiklediwa is or-
dinary cases. Is Courts of Law, where it elinbilliels•bis•
instanter takes place, the Defendant koowo the Ho%
he kaows the place, sod in criminal eases the law
gives him the tonne. Such is the way in which year
Lordships are to look to the auslogios of Westminster
Hall. I base always asked fur that, Rod arm in the
twelfth hour -(for I apprehend this proceeding drain
to a cln.e) I ask nothing snore, and nothiug better. Bat do
tint guide yourselves by rules where they fetter the Queen,
and absolve yourselves from them where they are to benefit
those who advocate this Bill." The Learned Geailessais coos-
tinned, and said, they might be told that they did enjoy sit
extiaordinary advantage, is as lunch as, after the ease ea.
opened, they were to have two mouths to provide their wit.
UMW'S. He wished be could take comfort from that man-
Iteration ; hat he would ask, in au ordinary proceodieg,
dil
the examinations it chief for the prosecutims go es withost
cross-examioatiosi ? Did they go into the aloes of tile
Judger, from day to day, and sometimes adjeorsdag for We
days, for the purpose of inwardly digesting the soon? psi
they go forth to the public liable to lie greedy sisrepresest-
ed, as indeed they were iu a Paper of that esionnag, whirl
suit that the Coronet for the Queen weft's! peepared for
the crosnexainiaation of the witness oo &medal, wkn sic
began to speak to the act of adultery at Carheuhs, which gm
be believed, a deliberate falsehood! He (Mr. Dreoghe.,
should come with his case after some of the 300 Juane, C 5
posting that Court had read such deliberate falsehoods, andel
great disadvantage. Here the falsehood was ptcaliarly stew
Emits, as it had some ground; it was a fittiog ow of truth to
falsehood foe the purpose of misrepresentative,- and tho'
was oat of the peculiarities of the present tsar. Alton
al*, be prayed of their Lordelipa to sift a little its detail tie
absolute nullity of that pretended benefit, She delay of tai

.

4

ntonthe. He :mold Male the role of law is to t=awe'
nation, and heist pld lo be slopped if he stage& it on 'ink
stronger than it ought to be. He woolit suppose the esw
otiltatiost of the wit.** to he gone through, as foe Witold,
the test wiles*, He kid so !astern& to plable hia i•
eater urea his eroos-etsamiststiots. The willows'. sisostioa
was ooknowo to hint, sod they bed ceeleopeeity ee mess
elertrressitieieg t the evidesee thee ewes pas for td,