The British Press; or, Morning Literary Advertiser.
London, England, 1820-10-20 00:00:00

LONDON, FRIDAY, OCTOBER

freer, to base heard a proposition from the Noble Earl
opposite to relieve their Lordship, from the painful sibyl.
lino he which they stood. He hoped the Any was lint tar
distant when he should hear such a proposition made; but
in the interim It was their duty hi girt every latitude tol.tie
defence.

The Lord Chancellor said, that persona in the situation of
J en nl.l not hope to commund respect sinless they shear.
ea tine respect to others. lie thorelbre thought it right ter
obserre, that having misunderstood Mr. licough im, he re.
'retied that he had done so. It was yesterday decided by
their Lordships, that evidence of whet had horn called a con.
'piracy should he heard. He had differed on that ovation
with the opt, t i 0000 of their Lordships, and though it was ex-
tremely paintist for Isom to differ, yet no slur, no ro.
loony should eser pr. veld him skring what he contd.
tiered Ts be his duty. The qnestion which had been
nli jetted to might, in his opium', be pot with another
view, and it was competent fur the Counsel nut to

retake soy general ()profile of conspiracy, ►ut shortly to
aisle 11w error . and that he wit +boat to prove so and so.
Ile would say nothing about the evidence on this case; hist,
unless the view who h his experience eastilcd bon to take
WWI wanly 1°,1..11110115. Ibrre was as mock difference in the
evidence to be received nudes. a• uuli(b•eot for • con.

j ',rinse!, and the present procreilisap, as possobly could exist.
I Hi. Lordatiip acknu•ledgial tkisbag • ornspiraey was ease-
blialserl, it would he their duty ais look wills the ;stalest jra.
I' lowsy crew nn that part of ibe case to which the evidence of
1 conspiracy still not apply; bat he curia not go DO far as
some !Coble Lords, who melted as if conspiracy brine rata.
Wshed, there remained soothilie in the case worthy of cusiside.
raisins. In the view hr Groh of the piestion now before their
Lordship, it certainly was competent to Counsel to state
shortly the point 1.. whirls he ass about to *ltemise, mad
to vs into the proof that Zola WIIII I conspirator.
Mr. Williams sowed, that he was shout to examine as In
Ilsr derlsratious of Z otha himolf to She W1101..4, and bad
I brut the preliminary questioie of what was said by Zagora to
the withem, whim au object Mil was made, soil socceathilly
made, by his Learned Fro oil the Atturuiry-Gruesal, Slid
1 a discussion anise un the supposition that he had buss
Ishout to do that of which he bad never even dirani•
ed. He was about to 'naming to the fact that ZAllitS

had a•krd the witness to depose against her Majr.ty

. .
and on the einem objecting that he knew no eircunisiasces,
Zan g 3 replied, " Thxt la nu maitre, I can lake you and *hew
you the ground., and you may fix on any place in chicle you

have urn them embrocioz." So that all was se ageism
7.otgi, and unt Culithel Blown; and it nave's was wpered
w

The Lord Chancellor—What are the terms of the pus.
timi y.. 0 propose to pot ?
Mr. %Volliumsl•3l,l he should pot the same question.
The qurstiou was reed by lb. elsori.haud Ivo 'ter—
What aid be say to poi se the lime!

The Attorney ilen;ral said he must .gain el+ et to
that question, on the same emends as he objected
yesterday, for his Learned Friends had nut carved the
argument a whit Gaither than they thee did. lie concluded
by calling their Leord.hips' sovietism to the mode In which
it had been argued by his Friend Mr. Tyndall yesterday, and
they would see Ihsl the objection was in substance the same
upon which their Lordships had decided against the question.
The SolicitouGentral said, he would, with their Lordships'
yormionon, sill a few observations to those which had fallen
from the Atturoey-Geueral. Toe nianner in which he •p.
prelsendrul it to have been state el by hp. Learned Friend, Mr.
IVillisinr, that this evidence ooelit to be admitted was, that
it was competent to them to prove, first, the exhaence of •
(wispiest,; and next, that the individual alluded to ems a
party in tint conspiracy. He admitted, that if they could
drew that such a conspire:, iv.r did exist, and if they
could also *hew that individual to have been a party I it,
then
'piracy world he evidence. But hie Learned retro& as.
slimed the whole grounds of the case ; they assumed that
a couspiravy bad been entered tutu, for the pm purr of suborn-
ing witnesses to give evidence Remold their client; they
assumed that Zanea was engaged in that conspiracy, and
they asked their Lordships on the faith of these assumptions,
to It t in a string of evidence, convulsing that person's cau-
date. But he conteoded it wita necessary that those points
should be fully proved before that evidence could be let la.
The Learned G-iettemais then referred in support of his ar.
Ailment to Phillips's Rules of Evidence, from which be read
a lime extract, beginning, to page 76 iu one edition, sod
page 94 in the sobsecrient edition. All that he was eleeirums
In do wan to premiere a clear sod distinct understandieig of
this questiou IWWWSC their Lordships ; and if his Learned
Friends had convinced them th there had been suck a con-
'piracy as they spoke of, and th et Z logs WAS a party to it,
he did nut stand there to centred that this would DIA be
evidence. Bid wee there, Is fret, before them any evidence
which would moving* say wan whatever of the existence of
such .conspiracy? And if there were no evidence of that
kind, still less did It appear that &riga had been en-
gaged in it. For all that appeared on that pinto was, from
the embleme of the last witness, that on coming down
stairs be bad said sonsethini. Were their Lordships on
such Emma& to take it that a conspiracy was proved Was
that evidence to induce them to fix upon say indi-
vidual a charge ago Week a nature ? It was the first time
he hail ever heard of a couspirary being so proved—it was
the first tone he hauls re knows. it attempted n. maintain that
this was sufficient to jssttfy the letting in of such evidence
as it was now roughs to lay Wore their Lordships. If from
stay evidence they bad 'bendy heard their Lordships saw any
ransom to conclude that the conspiracy which had been so
much spoken of had really existed—if it bad been hewn to
their eaddselios that Zings was connected in any decree
with that conspiracy, lie was ready to adotit that the qiiestioa
might be put ; hut if, on the other hand, they frit that the
conspiracy was lint established—if they had as yet no sans.
(sorry proof of Zanga's participation- in it, he thought it
impoosiole that this evidence could he goo, into, consistent-
iy omit the principles of jubilee, and the established rules of
judicial proceedings.
Wiltisms eJosimeored by elating his having been in.
teens pied yesterday on a mouton( eption of the grounds on
which lie was procceiliog, Mid that the Attorney General
had entered into a reply to argiiments that had never been
need°, tbouotst of by him, and haul sorceeded in preventing
him from opening evidence, winch, if gone into, would have
!tempo down that ergionetit, for it would have 'hewn that
he was carrying the charge again.. Zings, nod nut agaiisst
Wooed Brown, who haul never entered leis imagination.
He was glad, however, that an opportunity had now heirs
afforded him of stating what it was that lie really meant to
prove, sod how lie proposed to arrive at the proof. lie came
now to consider the objections of his Learned Friend the
Aitorisey.General to the course he had intended to pursue.
His Learned Friend had been pursuing as sisalige s course
of argtinseut as he had ever heard proceed from a Lawyer.—
Ile had been inilressing their Lordships on the • fleet of the
evidence, which • fleet could only he determined by hearing
the 'vide ace itself. Ilia Learned Friend had confused, he
wash! excuse hies fur so saying. two thing., whirl), us a
lawyer, he min‘t have known to be essentially different.—
Ile had cow...ref tar setineusthifity of ',videoro with the
effect of evidroce, ulna' he should have known that
the admissibility if the esihence was the first thing
F. be decided, ani that its effect was to be considered
•itere it had beret sectored. The connexion of the conspi-
lacy with Col. Brown or with the :lids!' Commission was
not the question th• y had now to grapple with. Whether
that C mission was a party to it—whether it was even
aware of its existence or not—he sail conterded that he
had a right to prove that there was a conspiracy. Sup-
pose it bad only resieted from appetite for gaits
excited is the Italians, by the idea of the lucrative nature
of the speculation, that prisons, he they who they
might, haul engaged themselves' in sultoruiog witnesses; sud
that it was nut at all within the koowlege of the 31112110 M.
MliS:lloCrl—it would still be a conspiracy--the guilt would

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