Star.
London, England, 1820-09-08 00:00:00

of presenting to you the request I had to make, and
therefore I used that mode of address. But now. I
stand on my own right. After the great mass of evi-
dence which has been produced, I throw myself en
the justice of your Lordships. I, not having had
weeks and months beforehand to make myself ac-
quainted with the details, as the Counsel on the other
side have had, cannot be expected all at once-to be
prepared with an answer to the case on the other
'side ; I therefore ask till to-morrow to answer your
Lordships' question; and if your Lordships would
meet at twelve instead of ten, that would give two
hours of time for consideration.
The LORD CHANCELLOR.—Does the Learned
Counsel mean to open his case to-morrow at twelve,
or to give an answer then whether he would ask de-
lay or not ?
Mr. BROUGHAM said, the Counsel for the defence
very often changed their plans according to the
aspect which the case against them assumed. He
appealed to every Judge who had ever presided at
Mai Prins (he observed that the Learned Lords were
not now present), whether it was not usual to ask a
Counsel whether he intended to call witnesses, or to
trust to the effect he might produce on the minds of
the Jury by observations on the evidence produced
by the other party ? The Counsel could reply, " I
am not able to- answer the question till I shall be
enabled to view and consider the case on the other
side." The Counsel fee the defence always feels it
of importance to answer, futon pritoton, the castanade
against him : and if he was not able to do so, he
made up his mind, and called evidence. He (Mr.
Brougham) should be wanting in candour, he should
be wanting in the candour and fairness which he
owed their Lordships, if he did not state his presenti-
ment, and what he foresaw. He had not received—
he did not say the comniands of her Majesty—but
lie would disclose that he had not received the per-
mission of her Majesty to ask for any delay at all.—
Standing in the peculiar situation in which her Ma-
jesty now stood, having so horrible a prospect before
her, and finding it attempted to prove charges of such
a character by evidence of such a description as this,
she must feel extremely unwilling to let the case re-
main so, with all the weight of the opening, and all
the elucidation of his Learned Friend• who had last
addressed them. In justice only, if not in compassion,
their Lordships must see that it was impossible to
forego the right of defence in such circumstances for
two or three months. There was only one other
alternative. If, indeed, his mouth were to be stop
ped—if he were not allowed to exercise what he con-
sidered a right, by replying to the case on the other
side—he must be content, and reserve himself for
that oppor unfit), of ex planation that would be afforded
elsewhere, and to which he need not now further
allude. Ile had been taken by surprise, in some re-
spect, in being thus called upon to make his election.
When he had preferred to-day to proceed instanter
with the cross-examinations, his most powerful mo-
tive had been that he should thereby enable the Soli-
citor-General to sum up his case, and so far prevent
the necessity, which might be absolutely fatal, of
allowing two or three months to elapse before the
defence was begun. If he had entertained a notion
that it was intended in any quarter to interfere with
his explanation, he should have thought twice before
he came to a determination under that delusion.
The LORD CHANCELLOR hoped that he had
not been guilty of the injustice, as well as presump-
tuousness, of giving from the chair any hint of what
might be the decision of the House. He meant sim-
ply to ask what the Couisel for the Queen proposed?
and, when that was known, it would remain for their
Lordships to determine. He did not mean to call
upon the Counsel at this moment to make their elec-
tion, unless they preferred it : they might defer their
answer till to-morrow morning.
Mr. BROUGHAM begged to be allowed to state that
he had a most anxious duty to discharge. Ail that he
and his friends had hitherto done was mere trifling,
mere nibbling at the corners of the case, compared
with what he had yet to go through. " Suppose,"
he continued, " it should be your Lordships' pleasure,
at twelve to-morrow, that I should proceed—gracious
Gon !am Ito go on at a moment's warning Am
I, in a case like this, not to have a single hour for
reflection and consultation ? To-morrow, at twelve, _
I am to be called in to say how we wish to proceed ;
and is it too much that I should then ask you for a
delay until Saturday, to make some sort of prepara-
tion ? Is it not, then, better for your Lordships to
take my present answer, and to declare whether, to-
morrow, you will, or will not, hear me ? If your
Lordships say that you will, then tc-morrow, at
twelve, I shall be ready to open my case ; but you
will readily perceive that there is a grc-1 distinction'
between a state of certainty and of uncertainty—be-
tween knowing that I am to proceed, and a doubt
whether lam merely to answer a question, upon
which I am now prepared. I should wish to know
whether, to-morrow, I am or I am not to go on with
my statement ? In a common case, ignorance upon
this point would be embarrassing and disagreeable,
but in this instance it amounts to absolute injustice."
The LORD CHANCELLOR remarked, that the
question so stated had many bearings, and was of
in-
finite importance, and could not be properly discussed
in the time yet remaining for the business of the day ;
it must be postponed until to-morrow. It was not to
be understood that Counsel would be obliged to pro-
ceed to-morrow, at twelve; for, if further delay was
necesiary, GOD forbid it should not be granted!
The Earl of DONOUGHMORE wondered the'
Learned Counsel could feel any difficulty—sure he
was, that none was thrown in his way by the ques-
tion from the Chair—(Hear!).—.He did not ap-
prove of its being left to the discretion of the Coun-
sel, whether he would go on with the case.
Lord ERSKINE thought it the best_ course that
Counsel should attend to-morrow morning, when the
question of to-day might be repeated to them. He
was sure that they might rely with confidence on the
House, aud that no such disgusting injustice would
be dune as to compel them to proceed without alb
due preparation—(Hear, hear).—They had most
anxious and onerous duties cast upon them, and every
indulgence ought to be extended to them.
Mr. BROUGHAM entreated the House not to adjourn
for one day unnecessarily, as, if it was now decided
that he should proceed, he could be just as well pre-
pared to-morrow as on Saturday, He could not,
however, be prepared to-morrow, unless theit Lord-
ships at once decided now that he was to be heard.
Some fir they conversation toot place, the result