The Sun.
London, England, 1820-09-07 00:00:00

aeration, whether a. revitstlor a snort i'kgstßoty...-
nNent of the proceedings was unreasonable on his
'part. If the witnesses set out on the 29th or
last month (which he was informed. they "did),:
they would be in England in a Week at most
he, therefore, pressed an adjournment for that
short period.
Mr. Bitounn.vm said,that the request made by
the' Attorney-General fiur delay, in the middle-of:
a trial, was not only unprecedented and not ana:
logous with the practice of the Courts below,
but at variance with every principle of justice.
The Counsel for the prosecution had aMple time
to prepare their case, and when, he applied for a
few days delay before the procebdingi com-
menced, on the ground of the ill state' of health
of himself and Mr. Denman, not a Lord could
he found to. ask for it. Yet, now,-Mr. Attorney-
General, upon no legal or equitable t'arounds„
without affidavit of the facts to support.ltis state-.
ment, but simply upon his viva vuV,i• narrative,
would have a delay toenable him to patch up
his. case with the evidence of these natives of Lu-
gano. The only • excuse he could assign was,
that the agent appointed to.bring them over had
allowed them to escape.fromhis keeping. Even
assuming all the facts to be admitted, he yet re-
sisted the application. It was not, admissible ac-
cording. to the practice -of their LOrchltips' Bar.
Before the case was opened, although I said„
" Do not begin until you are ready,". the Coun-
sel for theProseCution scouted the idea of delay;
yet.now they Wonldoiolate the practice of every
Court to obtain it only for a few clay.. He re-
peated it was to endeavour to patch up a case
which,.ln any ordinary affair, would entitle the
defendant to an. acquital, that this delay Was
now sought. He trusted their Lordships would
not-increase the difficulties which had been, heap-
ed upon him by yielding to such an application.
lie did not say that this delay would be abused
by the Learned Counsel; or even by the myste-
rious somebody who promoted •the prosecution
but he protested against it as inconsistent, not
only with the praetice.ot the-Courts below, but
inconsistent with the ends., and principles of
justice.

Mr. DENmAN, before he, made any'observation,
begged .to be infornied the day on which thee
witnesses took fright, and turned round to go

tome.

The ATTORNEY-GENERAL.—The 27th of July
last.

Mr. BENALIN.—It appeared then that on the
27th of July these Luganians heard of something
affecting their personal safety, and straightway.
returned home. What was the cause of their re-
turning ? Suppose a witness coming over to Eng-
land on any trial in the Courts ,below were to
hear of the Alien Bill, and was afraid to come,
would any Court put off the trial? No .Court iti
England, he was persuaded, would give way to
any such miserable excuse. It would be scouted
in every ordinary Court of Justice. After the
examination of these witnesses, were their Lord-
ships to be called upon again to put off the trial
upon some other plausible excuse ? When were
they to hope to, be relieved from the pelting of
dirt and filth upon her Majesty ? It would never
cease if their application for delay were to be
granted. They had had load enough upon them
to bear without additional injustice ; and,he for
one would never consent to his Illustrious Client
remaining a, whole week longer the victim of ca-
lumny the most base. Ile protested against an
adjournment to enable new witnesses to come,
and enlist themselves; but hoped that tb4itne
was now arrived, beyond the reach of all post-
pOnement, when her -Majesty would be granted
perthission to answer all the vile calumnies so
basely heaped upon her.
The ATTORNEY-G I;NERAL said, whenever he
had occasion to address iheir Lordships on these
proceedings, he had reason to complain that ad-
vantages were taken by the. Counsel opposite.
He never addressed the House, but he was an-

swered by declamatory addresses ; insinuations
were made against his conduct, and topics were
brought forward which could only fairly be pro-
duced in a future stage of the proceedings. He
was now charged with being actuated
,by a desire
to patch up his case. The. reason why he did
not apply on the 17th day of August for. delay
was; that he expected the witnesses in town.
The application he now made was, not to pro-
duce new witnesses, but witnesses who had al-
ways been identified with the case. As he be-
lieved they Were within a few days journey of
E ngland,'he would not have discharged his duty
if he had not asked for that trilling delay which
he- now required at their Lordships' hands.
Leaving the subject entirely to the consideration
of their Lordships, he would only state that it
would be no injustice to the Queen, as she would
have. an opportunity of hearing 04,4 r evidence
before she was asked, for her defence:
The LORD CHANCELLOR thought, it a case of
the greatest importance, attain the present in-
stance upon merely an assumed case, it ‘vo,ild be
hiely dangerous and unjust to grant an adjourn-
ment. if even proved, he'.would not state that
the adjonrnment. would be a: fair course. The
AtterneyGeneral should say if what these .Lu-

gaman witnesses were to depose had been stated
in the •Attorney-Gein,ral's opening speech, in
order to prove that tiiey were not new wit-

nesSeS.

Lord LIVERPOOL said, that the special grounds
upon wilich the Attorney-General had applied
for delay, should be proved at the bar.- It was
important for the"Couusel-for the Queen to say,
whether they would finiAi their
,cross-examina-
tion now, or in future; because, before the sum-
ming up of the Attorney•-GenerLl, he would be
competent toscall the Luganian witnesses without
any special application. If the Queen's Counsel
said_that they would finiAi the cross-examination
14t one'then the Counsel for the Crowq must
proceed at ion,ce and close the.case.
Lord EIItiKINE said, th 6 delay required was
monstrously repugnantto,every principle of jus-
tice, and that it wasmerely an attempt to make
a new cage, at least it was to add to it, and who
ever heard that under any circumstances, After a
cause was,ouce begun, such a delay was granted: