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London, England, 1820-08-29 00:00:00

ceding what he conaidered to he an ctrivalent' to a list of
wit.iesaes, the Noble Earl admitted that great inconvenience
ways of neceseity incurred. All circumatanees therefore
combined to Own that • list of vritnelaes aright to have
h-en furnished; and if it had been furiiivhed, all th► dilR-
.-011y that now met them would have been avoided. Hr did
.ill mean to object to any eapeilient nve.le of extricating
them not of that difficntty; all he wished to do was, to pen.
lest azainst the inference, that, by adopting the one which
had been seggeslert, they ...mid get rid of all difficulty —for,
c`•n?led as they w-re, if they complied with the application
r•ade In them, they moat hold themselves open to a at.
rend cross examination, had till that bed been gone throngh
•'l, the Al torney-G sneral could not be called on to close his

r •se
Ellenhorongh •aid, he win glaillhat tin airritrnment
no Saturday boil taken place, b 'cattle he hoped that now,
"..on miner deliheration, their Isordshipo ,s inhi abandon
oie (-noise into which they hail been betrayed on that day.
priiiriple of cruso.examinstion now proposed by the
eniniisel for the Queen was entirely different from any
1..t40rt0 known or ailed on. It war extremely important
cia; Ihe erovs•eximination slomld follow the examination
'bier, white the evidence *myelin fresh in the recollection
t6•ir Lordshipa,and this hid been clearly exemplified in
it. it ♦ery proeveding when a moat important fact re-
-I.o',ve to the secret door was pur.4y left in ob.
or,leily by the Counsel for the Queen, but was rendered
c !ear by a qoestion from one of their I.nrilships. Ile
I new that the peinciple acted upon in all Courts of Jul.
,:re was, that the Conosel for the defence should make bin
cell immediately, if that were physicary possible; and
tie reaami of i► was clear, that the interval even of twelve
should not be allowed to afford the opportunity of
v• ittlif up a sham &Ivory. If their Lordships should grant
oh•• postponement of the cross examination for eight or ten
weeks at the instance of the Counsel for the Quietus, he could
cot see bow its consistency they could refits• a similar indul-
gence for the cross-examination of the witness( ata:tist the
11.11, if the Connor' ol Id think proper to demand it, and thus
the proceeding might be rendered interminable, be tilt the
crosa.examination was completely concluded, the Attorney-
General most still lie allowed to call fresh witnesses, and the
Learned Csinisiisl for the Queen might again ask for eight or
Nn week' tine 10 be primed for his cross.eximination
of
thus• new witnesses, ■tad thus the pruceedin; would never

come to a conclusion.
The Lord Chatwellor said, it was not necessary for bins
to observe on moasnrce which had already been concluded
by their Lordships' decision, he meant the question relating
1.1 the list of wilier...We, forttro than to say, that having coat.
solereil anal reconsidered all the argument% which he had
!lewd on the occasion, he should, not +Mod andbig his
deference fur the sentiments of those Noble Lords who
were of a contrary opinion, still, were it to du main, rive
flee same vote oldrta he already had given; and he most fur-
show lee •Ilowell to say, that giving a list of the witnesses
wont' not have ',moved the one.foriieth part of she iliffica'.
t~erwhuhwereintherase. With reg ird to the partlentor gates.
tom iron before their Lordships,he would give his derided opi-
nion the a more impemer or more mischievous precedent
-e.r.11.1 nut hasp been established, then it, d which would have
been ea t by the cosine of their peoceedings iio Sat godly. No
man could look into she proceedings of Parliament without
spring that their Lordships do wit govern themselves by the
rules of the Courta below ; hot for his own part he would
• express his convieti 111 l , that the more closely their
.Iships adhered to those rules, the 181.0 e safely they would
proceed. Iles Lordahip then proceeded to take a minute
a voicw of their Lordships' prorerdings with respect to the
rNinsinition, cross examinati 4444 unit re-examination of the
...toe-too 41 the present prueeeiling,; and has Lordship ob.
a-teed, that to suppose, whets examining a witness who had
already nodergone a Cross Cll.lMlll3lioa, that ih-ir lordships
ensued 0111 pot leading questions was a mistake. On the
crows-examination of the witness Pelage:a, the Learned Coun-
sel hail Meted, the, nut being aware of that witness being
to be.elisMained, he hoped be should not be tWecboleol put.
ling further questions to him, if he should receive
informoti 0000 wnieh Mama,' render it necessary. and the
otcpweseewee of the House which he (the Lord Chancellor)
then stated, was, he conceived, quite correct as the Learned
Counsel then dearioaated what it was, which would render
recal of the witness necessary, of the necessity of which
t ;•as Ileum were the Judges. It was the nswal course of ell
Caorts to examine, cross-examine, re-exa mine, and if occasion
secplieril is' in she opinion of the Judge, the witness might
ire called bsek ; arid in all crimiu al
the accused governed the exercise of that discretion with as
ramie latitude as possible its his favour. In making the alt.
"cation far the recal of the sadness Theodore Mijocchi,
sire Learned Coasted stated, that in eonscafience of its.
fartnation which he had received, which lie considered
✓f
great moment (anal he begte.l their Lordships' town.
too to that circumstance), he wished to beL allowed to
yoit three sir tow rpocrai ow to the witness M +weld, and
toe L.SCIIPII Conowl then admitted that his applict-
uon was nut in the ofilinary COaffle of proceedinx. and
gdolzrel himself not to ask more than three or four goes.
toss before he opened his ease. O. (the Loral Chloe. llor)
weal. make no observer .no the number of questions
w:och had ensiled, becatiw he was aware of the difficulty of
I trlilliCM in such a cow. 00 the Saturday it was proposed
that the cross.examiliatioo should he limited, ohether
th d were proper ur not he wroth! not now stay to
i !quire ; bust if do ir Lordships would take the troiffile
to look at the oars:Mos sal answers of the cross.
iresminolion which ensued, they would not hesitate to
say, Opal that craiss.ca..taninatiois acct far bryins.l the limit*.
Coo imposed; though he was conscious bow easily not
goes-
liuo Might be put, the answer to which sonlal render other
a, ....Mimes necessary. Ilk Lurdvbile said, lie spoke his own tapi-
r Jo, misdated by judicial priutoples, when he said Ihal be
was boom' as a Joke a • gin flail Court, 10 have interrupt-
ed the Couloir I its that mow • long before he had
tweu interrupted by a Noble Lord. It 00111 haul come to this,
what is the mode must consonant to justice, according to Ike
g-siei al toile established on wise principles, and proved by
practice from age to age, and a hich never owed to he broken
upon fur any occasion whatever It was necessary for
the security of the administi ail 0000 of joslice, and for the
sake of the a Ones*, nod for the sake of the puts, that she
crass emmainatiou rl Id snap place immediately after the
arearninetiou ia (Litt. It was necessary for the party that the
witness 1111011h1 lilt have time to meditate and think far
do, stud wicks spot' the etoto..eastivita!ioo, nod it wall
but jostice to him, if his exaiviiiaation its chief had left
any doutsts of his integrity, that he shish' immediately
la a• e an opportunity of lowing himself tight with the
Corot, and not Irate that doubt to °pewit, 11l his prejudice.
Thine was this farther reason for proceeding Immediately'
a ui. the cross esansinatiou ; namely, !het if the cross.
solansioation be slot run coodadal, the re.raamination
must be deferred, mot if the re-ex onmatioas do nut now
tAlt• place, their cannot examine she witness.—
A nit what cool is thsoe to lie of the proceedings in this case,
if arch a latitude ho parts t Witnesses may be called fur
the defrner ('rum J. rosily's', 3311 a, or other distant parts, of
a 1.0.1, the Coutowl in sop:mat of this 1.; II can know
tiny vi:l, therefore, claim also to b.a allowed to defer the
raemioatioo of sad) a Illleases until they•moy, by in-
tory into cirroasstancia c 1111 l 'acted aide them, bass fully
prep wed themselves ; nor could such aildiratiou be refused
if granted in the first iostatire tofavoor ..f tlieutlor side...—
This is the &dimity of the ease, but the Nohla and Learned
Lord was willing to allow that the difficulty of a qu-stion
was no is why it should out be azitstetl, and why some
rule should nut be !lid dusrulur ffie solution of such diffi-
culty in any future cases that may anise.. But when Ise con-
sidered the (Keel which any departure from established
usages in this iniatauce wan likely to produce, sal the evil
eimsequeucis it threatened to was impossible fur
Ilia be consent that any other name of procerdiase Strati that
of the ordinary practice phould be allowed ; moistly, that
Counsel should immediately cross exsuiitte the witnesses as

feces V sae possible for them to crrry the ciVIA•tX3II.I.UI.
tiu Wilk • View SO its couelusion; but that they should
be debarred from Lavin( the witness ►ecalled, if, upon '
shoals; Ilse grounds of their application for that prepust, •
their Lordships should decide sisal the justice of the case
demsedrd such a course, and he was the muse decided arid
sesdlemed in his spinier, the sure he reflected on the
pieciplea uu übich the ordinary practice was &misled ;
tied Ise was tuerieced that their Lordships would agree
with his shat the established rides a law and evidence
would be hood to rest •u p►isciples which had better be