The Sun.
London, England, 1820-08-28 00:00:00

mpeach the testiniony of the witnesses against

her.

His Lordship repeated, that the House

was hi no difficulty, but what arose from a mis-
understanding of their own rule ; let them ad-
here to that rule, and there would., be no neces-
sity for hearing Counsel.
Lord MiNNARS observed, that the difficulties
which were said to exist, would disappear upon

the assurance, that if Counsel wished to put ques-
tions, after the conclusion of the cross-exami-
nation, a suggestion to the Lord Chancellor would
be attended to, and consequently all the purposes
of a second cross-examination could be. effected.
The rule upon which the J udges in Westminster
Hall acted was precisely this. Their Lord-
ships were disposed to give her Majesty every
opportunity of benefiting herself, but their
Lordships could not adopt a course directly
at variance with the practice of the Courts, by
thetriselves.
fluenced. '1 he refusal to grant a list of wit-
nesses had been condemned, but in his opinion
their Lordships' had acted with the utmost pro-
priety in proceeding' as they had. It had been
said that the peculiar circumstances of the case
demanded pecaliak indulgence, but he could not
see that any argument could be advanced in
proof of the existence of such an emergency.
The Noble Lord repeated, that the interpositiOn
of the Lord Chancellor,
.in cases *here Counsel

omitted to ask questions of a witness, would, in
his opinion, fully answer the ends of justice ; he
.therefore moved? " that the Noble Lord on the
Woolsack be directed to inform the Queen's
Counsel tJrat they would be entitled to call wit-
nesses after the case.:had been closed ou the part
of the Attorney-General, to be examined as to
any new., facts, such facts being proved to exist,
to the satisfaction of the House."
Lord EuskiNc said, he had anticipated the
difaculties which had been already proved to
have arisen from the refusal of his motion. Since

man was born of a woman, never had the time
their Lordships had taken to consider a difficulty
been more completely thrown away. It had been
said by a Noble Lord that no difficulty existed. If
that was the ease, surely it would have been his
duty to oppose the adjournment on Saturday.—
(Hear, hearl)—He (Lord Erskine) should state
to the House the only course they could, in 'hie
opinion, follow, after having refused the list of
witnesses.• It had been understood, that after
the Counsel for the Lill should have been heard,
and the witnesses cross-examined, a reasonable
time should be allowed to the Queen to prepare
her defence—(Hear !)—This was the usual course
in whiCh Courts of Justice proceeded. How could
they agree to let the unquestioned examinations of
witnesses go out to the world for two mouths, or
whatever time might be required by the Queen
for the preparation of her defence. He thought
the only manner in which they could now pro-
ceed, with the view of doing impartial justice,
was to allow the Queen's Counsel to pursue what
line they pleased with the question as it at pre-
sent stood. The •question then would be, what
was to be done when the case was resumed ?
When the House met again, let the Queen's
Counsel cross-examine again in an unrestricted
manner. Should any thing in the proceeding oc-
cur which did not assimilate with the practice of
the Courts of Law, let the House be governed by
the feelings of humanity.—(Hear !)--He trusted
the house would agree in his ,views to proceed
to cross-examination where the Counsel left off;
and the question which had been so improperly
interrupted by the Attorney-General should be
directly proposed. He said there would be an
end of the intention of Courts of Justice if the
public opinion did not in some degree preside in
them.

The Earl of LIVERPOOL said, the Noble and
Learned Lord (Erskine) was under a mistake in
supposing that it was left to the Counsel for the
Queen to chuse the time when the cross-exami-
nation should take place. His Lordship, in
a very able speech, contended that it was
for the convenience of the House, and for
the ends of justice, that they should pro-
ceed as in other cases, namely, examination,
cross-examination, re-examination, and examina-
tion by Peers. And then if any new fact or
Circumstance should arise, the Counsel for the
defence should be at liberty to state their grounds
why any witness should again be called, and if
sufficient grounds were stated, their Lordships
would not hesitate in acceding to their request.
The LORD CHANCELLOR congratulated the
House that they ►ad not come to a determina-
tion on Saturday, for he was most decidedly of
opinion, that a more mischievous precedent could
not have been made than that which they were
about to establish. He confessed that with the
majority of their Lordships 'he did think at the
time that the course they were then proceeding
in was a right one. Subsequent reflection had,
however, convinced him, that they ought to re-
trace their steps. Until Saturday they had gone o'i
just as any of the Courts below would have done.
The House of Parliament on many occasions
was not governed by the rules of the Courts be-
low. His Lordship was convinced, however,
that the less they departed from these rules, the
more safely would they proceed. The Lord
Chancellor then proceeded to take a review of
all the proceedings in the present case, and his
Lordship particularly adverted to what had fallen
from Mr. Brougham on the cross-examination
of the second witness Paturzo. Mr. Brougham
stated, that as he had not been aware this wit-
ness would be produced, he hoped their Lord-
ships would afterwards allow him to be call-
ed up a second time, khould there appear to
him occasion to do so. To this request his
Lordship replied, that the House would judge
of the application when, it was made. There
was here a complete recognition of the rule
of practice which. his Lordship now contend-
ed referred to the proceedings of Saturday.
Ills Lordship said that he felt himself bound to

confess, that sitting, as a judge, he ought to
have interrupted the cross-examination of the
witness long before that step was taken by
a Noble Lord before him (Lord Lauderdale).
lie was now evinced that the cross-examination
had i beeii ipt s prescribed
by the4l 's Lordshi said,li -ouldniate.
every 410 ance 14ir 'Coup witl spect
multi (Kline's thin r?l..k (Aire. lr
lowauce on that account, he thought the cross-
examination had been carried a great deal too far.
With regard to the question before the House,
he thought their Lordships ought to adhere to
the general rule which was established on the
wisest principles, and a mode of proceeding most
consonant to justice, and which had been prov-
ed to be so by the universal practice for ages.
his Lordship entered into an exposition of the
evils which would arise by deviating from it

as they were about to do on Saturday. Were
the cross-examination of witnesses to be deferred
at the pleasure of the Counsel for the defendant,
it would allow witnesses to retire for weeks and
days to think and meditate over what they
should say when they were brought up again.
Was ever such a thing heard of? If the
cross-examination were deferred, it would be

impossible for the Counsel for the prosecution to
goon with the case at all. The cross-examina-
tion of the first witnesses in a case might be of
such a nature as to make it necessary to call as a
second witness a person whom it was never meant
to call; the number of witnesses called for the
prosecution must always depend OR what) arose
out of a cross-examination, and it would be
impossible for Counsel to say whether he had
closed his case or not until the cross-exami-
nation was gone through. his Lordship
could not, he said, consent to any other
course of practice than that which was accord-
ing to ancient and.established usage. That
mode was, that the cross-examination should
be proceeded with immediately after the ex-
amination in chief, and that, on cause
shewn, permission might afterwards be given
to call up a witness a second time. This rule
was founded on the practice of the Common Law,
and their Lordships would find that law was
founded upon the surest principles. It was better
that they should acquit ten thousand persons
than that they should break through a single
established rule of law.

Lord GRENV/LLE. rose as our Reporter left the
House, at 10 minutes past one.
The QUEEN did not go to the House this
morning.

The Country has been sufficiently disgusted
with the details relative to the conduct of TIIE
QUEEN, and if the evidence already given is to
be believed, no more is necessary to illustrate
facts so offensive in their nature. All that seems
to be further requisite is to learn from the Eng-
ligh Attendants on Her MAJESTY, and the Ladies
who accompatiied her abroad, their opinion re-
specting her conduct, and their reasons for re-
linquishing all connexion with her. It will
then be the duty of Her ilttnsTY's Legal
Advocates to enter upon her defence, to prove
that the witnesses against her are unworthy
of credit, and to bring forward such testimonies
in her favour as will additionally refute all the
allegations of the former.—lt is not by brow-
beating, intimidating, and defaming the Witnesses
that her MAJ ESTY'S innocence can be demon-
strated, but by such proofs of their unworthi-
ness as may satisfy mankind that they are actuat-
ed by motives of interest or malignity. To repeat,
by the testimony of other witnesses, the nau-
seous details that have already been heard,
will add nothing more of condemnation, and the
Nation and the world ought to be exempted
from any renewal of the offensive narrations.
We most heartily pity the House of Lords
for what they daily suffer, and the privations
to which they are unavoidably exposed.—
It is absurd as well as unjust to censure Mi-
nisters for what has happened. They endeavoured
as much as possible to avert the odious Inquiry.
It was solemnly demanded by THE QUEEN, and
they had no alternative. As to the money offered
to THE QUEEN to remain abroad, it could only
be, from the nature of human events, temporary,
and would have been a trifle in comparison with
the mischief that would have been avoided. It
is said, why give a vast allowance to a woman to
enable her to wanton in the most dissolute licen-
tiousness. 13ut, if THE QUEEN was guilty of
all that is laid to her charge, it is impos-
sible to expect that any measures could re-
form such a character, and the best plan in
that case would be to keep her vices out of the
sight of this country, and to avoid the contami-
nation of such an hideous example. We hope to
see some resolute Member of the House of Lords
rise in his place and remonstrate against the con-
tinuation of those narratives which have outraged
the feelings of the Country, and which, as we
have said, are abundantly sufficient, if well
founded.—We think also, that some comments
might be made on the cross-examinations for the
defence, as they only tend to prolong those offen-
sive details, and appear to be for the most part of
a frivolous and absurd description. Some such
resolute effort ought to be made by an indepen-
dent Peer. No Minister can interfere in the
manner which we have pointed out, because the

character of Government is supposed to be .U'
plicated in the question, and such interposition
on the part of Ministers, however wise, just,
and proper, would subject th to the venomo
attacks .f Pa y, which ey 1 bee
•
lb.l- e. ..adyi'vsr Mgasures w th is.•
I rAkfora l,
ttkik, relugisiflo CO
TIIE
QUEEN rendered unavoidable. We hardly
need say that we now speak the language of corn-
. mon sense, obvious and, we trust, the ge-
nuine sentiments and feelings of all the sound
and rational part of our Countrymen, equally
unbiassed as we are by Ministerial influence and
the clamours of Opposition.

Charleston Papers arrived this morning to the
'2sth July ; they do not contain any news.

Extract of a Letter from Cartltagena, July t.

" Our situation is daily becoming more un-
pleasant. Admiral BRIOS has arrived at Sava-
nilla, a small settlement at the mouth of the
river Magdalen, about 70 miles to windward,
with 20 vessels of different sizes. His land forces
are not known. Martial law has been proclaimed
here to-day. We are so taken up with the oc-
currences that we cannot attend to any busi-

ness.7
It must be acknowledged that the Peers wha►
are above the privileged age of 70, and have un-
dertaken the truly severe duty of attending of
the present important occasion, are highly meri-
torious. Such attendance interferes with all their
comforts, and obliges them to reside in town with
a small part of their families, at the most disa-
greeable season of the year, for an indefinite time',
interfering with the enjoyments of the whole
summer. On the first day of the Trial several
Peers, some of them considerably above 70,
►hose state of health also might have excused
them, attended, viz. the Marquisses of
FORD and CHOLMONDELY, Earls FITZWILLIAS,
HARCOURT, SHEFFIELD, KELLY, Viscount HAM-
DEN, ,&c. There are, according to a list lately
published, thirty Peers upwards of 70, fourteen'
of which attended the first day. The Earl of
SHEFFIELD, who is the oldest that has attended
for some years, appears, by the list, to have
reached the age of 84. The Marquis of Dnoo-
REDA is the oldest Peer—upwards of 90, but be
has not attended Parliament for many years, and
next to him is the Earl ST. VINCENT, Lord CAR'
TERET, and the Bishop of DURHAM, now in his
With year.

We need only extract the following passago
from The Times of this day, to convince the
public of the weakness of its judgment, its vena'
lity, or its pertinacious malevolence Their
Lordships have now been nine days engaged 10
this inquiry ; and we say it with exultation, and
without the fear of contradiction, that, upon nll,
the rules of evidence admitted by the Courts 0).
law, her MAJESTY'S conduct stands as perfectif
unimpeached, untainted, untouched, as ou the
first day of the trial."
Letters from Palermo to the Ist of AugtlA
state, that the public tranquillity remained no;
disturbed, although considerable agitation an°
alarm had been occasioned by the appearance of
Neapolitan squadron off that port, as the inhabi'
tants were apprehensive of a bombardment, 11
appears, however, that their only object was
bring away the military who were in confinerneo;
in the city. This, it is said, was arranged, an;
the fleet had re-sailed for Naples, bearing olt
them the proposal of tire Provisional Junta furs
the terms of their alliance with Naples. It 10
understood that the Junta proposed to place tile
Crown upon the head of the son of the Heredl`
tary Prince, and he being an infant, not nOret
than nine years old, the Government must in 045
case be administered by a Regency during "0
minority. The letters add, that the Army
proceeding rapidly in its organization, that b 09,...
ness began to re-assume an active appearenc.;
and that, although there was no regular Pnb
established, very few depredations had be%
committed. The remainder of the Island 'w'"_.
following the example of the Capital.
a,
The KING remains at his cottacre near IN in
sor, where he enjoys the society of a select celr,
y.
cle. His MAJESTY is in excellent-health. Irbe
terday his Majesty attended divine service attliie
cathedral, accompanied by Sir Was. KEPPEL,
01
Equerry in waiting. His MAJESTY entered
_nze,
cathedral some time previous to the commr-P-

ment of the service.
'We understand that his MAJESTY has tiCit en.;
tirely abandoned his intention of embarking 0-j
board the Royal George yacht this season,,l'"it,
Sit-
the Royal yachts are accordingly kept at
head in readiness for his MAJESTY. The letr,
-'
masts of the Prince Regont having been siollr.
ed, she proceeded out of harbour on IVedns'
(Hampshire Chronicle.)
Friday morning the Duchess of GLancifsmce
and the -Princess AUGUSTA rode to Kew rt"-tbe
and Gardens, and returned to London in
evening. rtf
The Princess AUGUSTA and a select Pic.
dined with the Duke and Duchess of GLO1)
TER Oil Saturday. a
Yesterday Divine Service was perfolc,
the King's Palace, Pall Mall, by the Rev'
CLARKE. IS-6/
The Duke of YORK and the Prince at the
GUSTA attended Divine Service yestercia33 ev
t
Chapel Royal, in the King's Palace, St' J.od
Yesterday the Duchess of CLARENCS the
Divine Service at the German ChaPel'nf a!:
King's Palace, St. James's.—The Duke'. otto'"
RENCE left town yesterday morning for
Park. of not*
bro
Dr. MoYsEy, the new Archdeacon oot
has made. a Parochial Visitation throng "
A rchdea con ry.

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