The British Press; or, Morning Literary Advertiser.
London, England, 1820-09-06 00:00:00

?s-r Rawl, Flightiest? I meant to nay that 1 was le list pre.
i es* which wee making sesisoil her Royal Highness.
Did you mean to tell M. Morient that you were one of
the witoteee against her Royal Higitneos ? Not.
Ws. it a 'fumble Wear, you need in so speaking to M.
Mariam? I never spoke of that to 14. Marked.
Then to whoever you did speak of that, white yes repre-
sented Viet yam-had teloressolt ; ski gnimmilikeppogoolop
as et dott6ie eateadee to that person ?
Attorney (111113 val.—He has not mill lot it was a
ebuble catendre. and my Lepene4l FriariUlla. no right to
male if in was adpebfeeireeitr..
Reairehain—My Lord', this ip qe )11g4e1 mew rule of
cvi ;roc, He ettenita that he represented to onspg poemet,,,it
matters not In whom, allot hr hod a law-suit wills kr Royal
Iliehorae I caked another epteatioe, and he then sags lima
be meant' by haring s lOW-snit, ih.t he hail not a !amend
with her Royal Highness, but in a situation as different as
two situations can- he, for he says he WWI nu, p party Oat a
wit-true. Have I not a fight to ask that queatiou, hie the
pontose of esplaining those two contrary answers? A COllll-
- n. • rios.tx nrs.iiior an ordinary witness has a right lb ask
seggeetioos out of his own monk 34 its the very common
unrtoious or what expectation lie ha., or what hopes. In
eiist,exarainat;on you may reaming a witness as to his le,
to 4. H•ciettendvd, that in petitioning; any doubtful Mauer,
Lr bad Vie rapt in cross-examination to put a question as to
I lie halo f ear the witnews.
The Lori' Chancellor then directed that the terms of the
e,oeitiria ahoolil be read, %skids was accurilingly dune by the
'bort hood writer.
• he !Awl Chancellor observed, titer,' milli he no doubt
ho:: s $.ll a qoestion imita be pot la slur
The ottee; 00000 %molten again put.
A 1 es, I *nevi' datable en/rendre.
lea y.ot ever lel M. M oriel ti or any of his (amity know
Coo von ivr re conine as a wimp., against her Royal High-
s ItitU. WI irictti after I 'attuned (rots Ashton.
Iluw lunz ago is that? Al, ost Iwo month. ago.
‘Vi'l yon swear when you first told the family who you
were, iliat they did not kilo., it before? D d not know.
Had they not found out his name before? Yes, because
hr Ii id revottioneil it to sonic per‘oo.
tra% ii lo Merietti futility' lie told his real name to •
one of the brothers. of M. Mare Ili.
Dow Wog was ii since hr told M. Marietti's brother?
Aleoit two inotelte after I came from Ashton.
How long is it from the iw • time ? About seven or
eight months.
ii hr sure that was the time? About seven month..
Who slid be t-ll of it two months ago ? Did nut rententhee.
Doi poi see the gentleman who you disclosed fine name
to. ever after that lime? 1 saw him some time since I set
rent for Milan.
Have you been in M. Marietti's house fillet yoo hare
been in Several tinsel to make a visit.
Ito, was the last time you weal to make a Vigil thew?
Three sir font months ago.
Did they then know whether yanr name was Milani or
Sacchi The brother of M. Marietti, who set out with me
from Milan, knew my name to he Sochi.
Did the rest of the family call you Seeclai ? Never.
Did he tell Mr. Godfrey% family al Ashton that his name
was Milani? They knew my 'tame was Socchi.
. Will you swear that you never told them it was Milaoi ?
They knew it was nut, and it was not uecesssry fur me to tell
them.
%Vito emoted hint to come to Ashton ? M. Seigetti.
Who is M. Seirietti " Hr was a relation of the gradientsn
of the house.
Was he a relation of M. Marietti ? Hie condo.
When was the first time that Seirietti knew who you really
were? II was one day when he came to ask me to pay •
vials. 1 then told him who 1 was.
How long is it since? Altos; seven or eight months.
Will s-u., swear that was the time' About seven month..
nit yen erre make any application to be taken Sark lute
her Royal iliglaness'a nervier I know nuthine of it.
Do you recollect. after leaving her Royal Highness's
being in • destitute situation? Never.
I tut you never retreat any person beloweing to her Royal
Highness's bomitiold to have compassios on yon,os account
of tour dreadful situation? I hive never been in a dread.
rut •Autitios...
Will you swear that you never entreated any of the home-
hold to take pity and compassion on you? !Von ',if rirordo.
WI. ii is the meaning of pity and compassion
(steered of answering the question pet, you ask another,
Attend to my qtiestion • will you swear that yoa were never
nt treaty with any of her Royal Ilighinotti's suite, after you
left her service, to have pity or compassion on you, to get
you restored to her Royal Highness's service, on accouut of
ito:e distressed situation ? It may be.
Dol you ever represent In any person that you taxed your.
self wish ingrotitude to a mail geneross mistress, meaning
bee Royal Highness
The Attunity.Geoeral objected to the question ; he stated
that if the representation was mode by the witness in writ.
in., that riper ought to be put in before the question was
11111 to the witness. If it was only a representation made
by the witness in conversation, there could be no objection
to huts Learned Friend's asking did you represent so and
so is conversation. The Learned Gentlemen then took the
opportunity of mrstionino to their latrelehips, that the wit-
nesiehad lately been confinvil to his bed fur several days by
• severe imlispositon. He bail therefore to beg of their Lord-
Aim that be might he aceonimodated with a chair to sit on
if lie wished. 11/e, the Attorney General, did nut know the
volitive desired it.
Mr. Brougham costended there was sothing in the ob.
jeirtion of the Alloracy-General. It was well known to
their Lordships that in pasting enesuons to a witness on a
Cro,i.eallasilialloo, that Conned were always allowed to pot
item stronger than in examination in chief. The queetion
he Lad pat to the witness, as to the representation he bad
merle, there wee no *Rushes in is to writing, therefore the ob.
knit,. was premature. If the wittier* had answered that be
tied made the reprivestation in writing, then the Ix:wised
Attorney General might with propriety have stated his oh•
,iectioo to any question being pad 0.4 that writing before it
Was produced. Its submitted to the rule made the other
dsy by their Lordships, as so the cross-exsotiontiou of wit-
erases, that they ought not to he mounted to written dorm
picots without they were first produced • hut he was confi.
deal when their Lordships came to that coorlution, that
airy Jul nut mean to exclude Counsel oiliest We Bill from
lb, usual course of crossexensiostioo.
The twerps:ore thew acqsainted their Letrilaliips, that the
witneas wished him to intimate In them, that he felt Itimerif
Whet unwell, and begged permission to withdraw for nitwit
lite', which was grauted, and the winless acevedingly *db.
dire.
I.lr. neW4•4ll requested to lee et liberty to urge a few sr.
IlUaleillS 'guilts( the objection taken by the Attorney-
crucial to she question put to the witness. He strongly
remonstrated against Gouusel interposing to protect a
witness from being made to contradict his awn leiti-
snotty, given tan a former oreasion, and 'wreaths' the
detection of Ilia manifeot perjury. He woleinuly insphoed
their lordships out to persist iio preventing him and his
Learned Cullesgnes from questioning enmities upon the
rooteots of their written testimony, then it was eoutruflic„
tut y to the tindery, which they adduced at the bar. Was
if to be horse !bat they, having (soppooe it fur ergo-
seest's iske) proofs that entirely eva I Waled the parole evi-
dence, shit they were sot to pus quest toms open the couteats
assets proof, until they bail (bisected in the documents
opal, which they meant to tstieblish time perjury? Ile in-
sisted upon it that this doctrine was sot law teeny Court of
Jistiee. It would be iasposeible to detect a conspiracy
• rig iinst the fife cad character of any Delesubost, if that
tile wee, to be established. If all inch, letters were
to be produced befoee a quoditti could Ise asked to
lay the foundatiwn, every Witness so eistomslattred
world have a full opportouity of ettylainiull ass,: oh‘
ie and -- of hiss' suptitep.-
docile l
vnirr
had breed the Comipel
---o their

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inch were In he the eventual decision, the petal thug al
least he farther dlieresed. So petsoa an mirth, nut. eves
the presiding power of s4e•Cuurl which he wet• addlnithlng,
and least prodl those who represented the milieu ellaulled
with hsnillf isitpinyeil a-perjured Willie'', ethrid dealers the
right of detecting the perjury by contrasting the deposition
of that witness with the opinions and statements which he
had. before made. lie felt it tu•he dvtr M mot top* ;
test against such a principle being established as law in nu,
rase in which he was engaged, and he wan guidons that such
s law should not en down to posterity without its being ma.
rlcratiind on brhaff of himself and has Learned Friends that '
they opposed it with all the power and ahility which the,
possessed
The tlttorneyCMuvnl tailed itatbeie Lieniships to defend
the decision of the Ju•lges, es it ems now appsely snowed by
the other aide that they intended I. obtain • revision of it
if pordhle. He rt•jrrtcd the imputation of baying inter-
posed to save a witoesa from admitting his own perjury.—
Ile had acteil in co 111111 l mice with his ditty, in trying to
Maintain tlwir Lordships' decision, and he did sot thick it
(Air that his nanhve4 should Ile mieatinneil.
Mr. Diuiman said, that he had not meant to impute any
such mutise ns a desire to protect a witness front commit-
ting perjury. lie merely meant that the interesiptioe had
time a Wert.
The Attorney-General accepted the explanation with
pleasure, and complimented Mir. Denman. He objected to
the moil, in which the quest' had Leese put. He ',pre-
. hendiiii, that if their I.ordships would not allow illegal evil-
' t•s he given, by soireritig direct questions to be put
respecting the compote of written documents, so they would
al., lifilse to allow such evidence to be apiestioued in any
more way.
11.. re Gentleman *poke with such rapidity
that w:: cont.! sot follow him. To two of his assertions re-
specting Mr. Itrougham's argument that Gentleman gave a
contradiction.
Their Lordships were impatient et Ibe second internal,-
lion.

Hr. Broughams Isaistud tali it that be had a right to do so,
which proffuierf aim of " rhyler!" These again induced
Mr. erouglina br laSiSi upon his right to promot misrepre-
imitation, ip a lender awl more emphatic manner. Louder
tries of "Octferreueecetleil, and were again followed by a
fresh and a hinder declaration of his right by Hr. Brougham,
until the Counsel were ordered to withdraw.
Mr. truitzham said sumcthiug whirh intimated that be
could not of course prevent their Lortlehiits from doing that.
Lori! Riolceitale then said that tut Counsel bad a right to
iuterropt another either in Court or at that bar.` Hilaire
were onarepreactitat ions they should wait till the conclusion,
awl Shen point Ihtin out.
The Liril Chincellor aaid tb it no Counsel hod a right to
interropt another in the course of his speech.
The Couitiet were ogriii called in, and informed that if
they felt thentae:ves affected by soy misconstrucliou, they
were to writ till the eiroclusion of the speech oe •rgnintsit.
The Att y•Gettei al coucluded by remitting their Lord.
ships to maintain as ii rule of law, the opinion which had
beer. given I.y lite J adzes tspou the point an girretiou.
Mr. nrougliani explained those parts of his argument,
on account of misrepresenting which he had found it times-
miry to interrupt the Learned Gentleman.
The Lord Chancellor said, that the opinion given by the
Judges the other dry Will out exactly • decision upon the
case before the Howie. That was a decision upon a cam
where written papers were produced. Here there wen Ilp
yet no papers produced. If a witness amid he sure that the
papers "loam which lie was asked were existing, it wophl be
contrite*, it; Ida Counsel to call fur their producliou. He
could nut say that it wa. so in a cage where there "night be
a knowledge of the roments of papers which had existed,
hut for aught the Court knew were taut existing at the time
of bigotry. Ile proposed that it should be submitted to the
Judges fur their °Oudot whether or not a witness could be
irrossAagamined in the lower Courts upon the contents of
papers which he was supposed formerly to have written,
when they were not produced, supposing the Counsel for the
ether side were ready to oppose such cruss.examittatioe.
The Jukes retired to deliberate.
ford KellYou wished to make two motions fur the galls.
&client sir Winitters, the [louse, _ and the cavalry, the object
of whirl, to ascertain what facilities had been given to
her Majesty for prugiiling witnesses for her defence. He
moved for copies of sill communications made to Govern-
merit by her Maj.sly'a Legal Adviser., with the answers
cheerio, respecting the Queen's defence ; mid geminate of all
monies pled by Government on behalf of her Majesty Mums
her *rival.

The Evil of Liverpool could have no objection to letting
the world know how her Majesty WM been bested by the
Government in respect to money and other means. He did
wo think it vas a deenit topic ivfinnitiry in the present state
of their woreedlinv, espccially an on ewupleint had been
made by the (4seeis or her wlvivers. At any vale the House
ought to have notice, and the motion should stead for to.
morrow. _ _ _

Lora (Tolland ihnoght it a very proper object of inquiry
for a Montwr of Parliament to nseertain from whence the
onlstesited soma come which the Noble Earl alleged to have
been offered to the Queen; and to what purposes those sums
were to he applied.
The Earl 11./ Liverpool ekplaineil. (If Mine his words
were to be uailsrstood with 01/per "notifications.
Lord Kenyon was wt swore of having incurred the ne-
eourtsues epithet applied to his motion by the Noble Sart.
Ile would, however, take his advice, and put off his motion
till to-morrow, which he would have dune otherwise, but
that he had been given to understand that the case fur the
prosecutina wouhl close to-day.
The kart of Liverpool assured the Noble Lord that he
had no iuteutiun ufimputiag any thing indecent to him.
' Os the rcturu of the Judger, the Lord Chief Justice
Abbott deliveierl the opioinn of himself and Isis Learned
Brothers. fie said it was not in any of their recollvetiosis
that a question of the nature proporeil by the Counsel had
ever been pelt in the Courts helow, but that questions of a
einsilar nature were of every-day occurrence. In questions
referring to contracts and agreements, the wittitss was fee.
•nossently naked if there was any agreement fur the sale of a
certain at tick, on whirls it was the ordinary practice of the
Comisel nu the other side to put an intermediate question to
thew assess, and ask whether the agreement was in writing.
If the answer of the witness was in the affirmative, then the
•setreentent in writing must Fe pill in—if iu the neiptive, the
Counsel 'stay proceed i.e questa/it the witness on the stator*
of the Rgfet;Otellt. Although, therFfore, himself and him
[-teas Ned lit. OS 114:111 COIIIII out speak distinctly lit the affirms-
tive or the negat•Te 'spot' the question propional.to them by
their Lordships, yet, with iefereuce to the principles of the
Mir of evidence, as decided by the practice relative to coo.
'reels nod agreements, the otlier Judges wit!. himself were
decidedly of opinion that the quest could Mk he pul, iu
present•fortn; but it might be divided, and the witness
harloksi Actin* asked geurrally if he bud nook any declarations
en:serrescidatintaa, and if he answered in the 31'6.17146M he
rootht he naked the particulars of those deelaratioos or se-
listroestatione, the Oseatisel on the other side being permit-
ted by the House to interpose the qucatioa whether the de-
' claration Wes i 7;
The Lord ChancellOr said, that lig always uuderstood its
the Courts. below, the Cqtpeeel, on cross-ezetuarallaus bud a
right to ask ilip'sviiness if he had merle *rich a declaration,
gibing it in general 'elms; hut if they gem, on In ask Per-
, iiett!./ 18, then Ilse Conuarl on the other sok might, accord.
ingio the rifle of • ',Weiser, interpose a question, and ask,
whether the declaration was, iu writing?
The Coursel (wing wdereel to he called, Mr. Brosighain
sleet forward io Ilse bar; when—
The Lund Chi'nrellor iufofmrd him. that the floosie had
derided, that heissitst first ask if the declaration of the wit-
' siess"was nts,!e •Willt or in Writini.
Mr ftriorghattf sithihitted, if Irg moil Not gist ask whether
thedyearatneir wit cutsie'or not
Che" "0i1v.44al atoderalatirliag of the
•Isi• Judges, • ask the wanes*
Minos; herr( he
a& if tie deck-
le Abe view token
lost he. seder-
wan, —. At
that it am* be
ellsese Emit be
if hq answered

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whale bore end subsionee of bis pl;ry, nicks ille, pre- Pr,d2t1,1,4!"4-1!". °344.14 nut? .
'aloe of &made rifeNdre, or some usher "Fre. Ile F.irl Caryinainlolnitt ort;intlincin Ins nook,.
tiros 1,8, be bad 104`ard it alaiotaing., by di Cosopel fur the opinion of she Judges, the Counselnligl.t 1
• *their 'side spun (bone Lordships' (lemma,. ikkAyrktir.o 'pa- I generally,. "A I%los *yews IssAis ssy kneel
Pon! Olfgl la all (*wake D31"Ifl eri4,Cll arLsoeim.r44ioli prOecrd.rf to. oaf parliculArsii, lug *am first a,
imor a• to Ibrir t °maga Nail thepeteti As far tatious ire it memo' ox. opS.
ii ligi talk applied to Me prottiot cselel4X4:o4lllt:jo • The 1;41 vr Pteßivni IMO ink obiersicie to
rla., tile. li2.l€l2Pelicillultk.“‘e,=l/11.1r.: A 4 iii. 4 114 kbe trite
iliptir.l Irk* liN/
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