Star.
London, England, 1816-05-01 00:00:00

sotterroit.otionAL um, 014 it Offs
doe not only to the persons of the Judges, but to jos.
ttce itself,to protect tbens against onfounOld attacks.
for by weakening tlie tpublit.etpinion on IP itstpartie•
lity of thlinahninistration of the w; that adniTnistea•
'ton Was itself weakened. It was not enough to
chair a Jeagowith impartiality, injustice, or oppres-
sion in the general, facts should be stated to support
the assertion; for the Hifiute should not consent to
refer to a Committee charges against a Judge, unless
they could say that facts had been stated to them
which, W satisfactorily proved, would entrant im-
peachment. 'No such facts were stated in the charges
before the House. As to the charge that the coun-
sel for the defendants were called on to proceed with
their opening statement late at night, be conceived
was a circumstance favourable to the defendant that
the-Jury wete not allowed to retire until the evidence
for the provecution bad been weakened by the inge-
nuity and assertions of the defendant's counsel. Un-
less his strength was absolutely exhausted, he, had he
been counsel for the defendant, should havebeen anxi-
ous to have addressed the Jury while the evidence was
fresh on his mind. The Noble Lord had misconceiv-
ed the ordinary course of proceedings in Courts of
Law, as he :opposed that every Counsel employed
by the defendants had a right to address the Jury.
The ckfendants had divided themselves into classes,
fur each of which one Counsel only addressed the
Jury: Neither had more than one Counsel for each
defendant, or class of defendants, a right to be heard
in any case, except in points of law, or in trials for
high treason, in which, by statute, two Counsel were
allowed to be heard. He should not go through ill
the charges, some of which were supported on facts
not known at the time of the trial, and which were
never before a Jury. The charges,. by whomever
were drawn up, did not seem to.have emanated
from a sincere conviction. Was it alleged that any
point of law had been Wasted ? No. Was it said
that any "acts had been mistated ? None, but One
with reeatd to the evidence of Alexander Murray,
but even this assertion was not borne out. As to the
inferences from facts, who was likely to be the fairest
judge ? A Judge, learned, indifferent, and unbiassed,
or the Noble Lord, who, Whether innocent or no,
muss have hod a strung bias on the subject. The trial
was ao matter transacted in a corner : it was in the
presence of an upright and enlightened Bar, com-
posed of man who Would be the last to truckle to the
will of zi judge—in a crowded twin. in which were
men of the highest rank and character. And would
the Learned and Noble Judge in the face of this au-
dience, have sacrificed the high character which he
had so hardly earned by a laborious life at the bar and
on the beach ; and all this without any one motive ?
Notwithstanding the idtprobability of such a condor,
it any specific fact of corruption or of bribery could
be charged on the Noble Jodge. this House might re.
lee to a Committee the examination of the truth of
the *negating. But the whole of the charges prefer-
red by the.
Noble Lord were merely argumentative ;
net one, indeed, contained the direct statement of any
culpable act. If, however, the House would look at
the evidence, and consider the charge to the Jury, he
was persuaded that no such statement could be
sustained. For, upon examioing that evidence, it
would be found that a more candid charge was never
delivered by any Judge. The Learned Judge did
not, in taxi, state the whole of the evidence as it bore
against his present accuser, while in what he did state
tie left it to the Jury to judge. But the Noble Lord,
among his charges, alleged that the Learned Judge
was not sufficiently minute in his inquiry as to what
passed between *the Noble Lord and his servant when
the latter presented the note of De Berenger. Wltat,
however, was the fact ? Why, that the Learned
Judge distinctly asked the servant, when exabrined in
evidence, what his master said, and what passed be-
tween them upon the delivery of the note alluded to.
This appeared in the report of the trial, and the ser-
vant's answer was very short, entering into no parti-
culars. But the omisson of particulars was not owing
to the Learned Judges. The whole, however, of the
charges consisted, he would repeat, of mere inference,
and the N. bk Lord's complaint was solely this, that
the Learned Judge did not argue as that Noble Lord
would have him to du. On those grounds he thought
the House would not do its duty if it consented to
enter into any inquiry upon such charges, for they
contained nothing worth inquiry. They were, in
tact, totally destitute of any impeachable matter, and,
therefore, there was nothing proper to be referred to
a Committee. For, according to the constitutional
justice of this country, no man, however humble,
could be put upon his trial without any distinct charge
preferred against him—without any just grounds of
suspicion.
Sir F. BURDETT, after 'Ming that it would be
improper, as well as uapleasant, to enter on many
matters which it was impossible not to bear in mind,
lamented the hardship under which the Nark Lord
laboured from the very circumstance of his own pre.
sence. He should pass Over what had fallen incon-
sideritely, and perhaps harshly, though naturally
enough, horn the Honourable Member ( Mr. Law)
who spoke second on this question ; for it any ques•
tion demanded a temperate discussion, and more es-
pecially unmixed with any acrimonious expressions
'from the Noble Lord, and that Honourable Member

(Mr. Law), it was this :—He was sure that all the
declamation That had been indulged in about justice,
and the danger of weakening its influence on public
opinion, was entirely unfounded in argument; that,
on the contrary, to bring Judges under the tribunal
of that House reflected credit on our system of jus-
tice, and ensured its safe administration, however
unpleasant such a course might be to the Judges
themselves. Many of them had, heretofore, been
dragged to, light in their malversation, which urged
the necessity at least of such a measure ; he should,
therefore, think it idle to waste the time of the House
in refuting thi Honourable Member who had in-
dulged in this strain of eloquence. Putting this out
of the question, he agreed in all his general reasoning
with the Right Hon. Gentleman (Mr: Ponsonby)
who bad contracted the question within such narrow
bounds; and he would admit that, it the first charge
stood by itself, it did not call for the interlefence of the
House; at the same time it contained charges not quite
so harmless as the Right Hoe. Gentleman had stated.
As to the time at which the Learned Judge broke up
the' trial, he (Sir F.) should certainly feel it the
greatest advantage, if some time were suffered to in-
, terrene between the prosecution and defence; it af-
,Abtliad that time far consideration and.arransement

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Irrisieh y itenersin eitabitea with a defence must so
Much ~desire. In the present instance the trial had
lasted a long time; a great deal had come, under
consideration, and tbere was every reason for the
calms*" to wish fart to be called on (after sitting 14
hours in court) to make a defence. But, further,
they themselves thOught delay
would be an advan-
tage—they themselves stated that they were not ca-
pable of entering on their client's defence, exhausted
as they were, at that late hour ; and therefore all that
l'heade of the Learned Gentleman about the conve-
nience the counsel would experience in proceeding
immediately, fell to the ground ; for here we had the
I counsel themselves declaring that they were Inca-
pable of proceeding. There was another circum-
stance in the charge that justified suspicion, for sus-
picion *mold fall on any man who compelled a course
of proceeding. and gave a reason for it. if the reason
turned out untrue. Now it was alleged that the Court
could not be broke up at a lase hour, because cert yin
persons in public offices would find it inconvenient to
attend at another time! Surely this could not be any
sufficient reason for refining to adjisorn the trial : it
was therefore not unfairly brong!lt forward, as tend-
ing-to shew a general bias against the defendant. Tee
Hon. Gentleman who spoke second could not have
read all the cluirges; for he thought this the principal:
but if the anise found as strong or rronger matter
in all the other charges, it could not reject them alto-
gether. The question was, whether these aarges
did or did not contain the offences of partiality and
corruption ? Lie should call the attention of the
House to the 13th charge—that of conveyino an
opinion to the Jury that De Berenger appeared isrore
the Noble Lord in a red coat, and suppressing evi-
dence that he wore a green uniform : this was not
merely erroneous reasoning, but a positive fact; it
charged the Learned Judge with.supplying evidence
to the Jury of a most material tact, which must have
had great weight with them : as a Juryman, if he
had believed the statement of the Judge, he must
have been compelled to give that verdict which the
Jury did. The Learned Judge used this language :
", Having Minted down the game,
_ they chewed what
became of the skin." Presently he supposed a dia.
logue to go on between two persons concerned in a
fraud. Now this was,all supposition, and there was
not a word to bear out the expression, that " the
patty appeared in the full costume of his crime :"
there was no evidence to prove that ar Berenger
peered before the Noble Lord in this masquerade
dress. If it had been so, the Noble Lord's case was
no longsr defensible : but the whole depended on a
hackney-coachman, and yet it was stated by the Judge
on the Bench, that all the witnesses concurred in this
testimmy. It was stated too, on good grounds, that
this coachman had received money for giving his
evidence.

The ATTORNEY-GENERAL rose to order,
' conceiving k disorderly to alledge that any witness
(who had never been prosecuted) had received a
bribe ; hut upon a cry of aair, Chair
The SPEAKER decided, that the Honourable
Baronet was in order.
Sir FRANCIS BURDETT resumed, and ob-
served, that although he might have made an en-.
founded statement, or offered an erroneous Argus:lent,
to which the Learned Gentleman might reply, lie
had uttered nothing contrary to order. He only
meant to mate what he had heard, that nmeey was
rained to eoliect evidence for the trial under consi.
&ration, and that under such cUctinist vices, the
testimony of low people should be received with
great caution. The evidence, however, of Crane,.
referred only to the dress in which he received De
j Berenger into his coach, but that dress De Berenger
might have changed before he met the Noble Lord ;
and even when De Berenger left the coach, Crane
stated that he wore a great-coat with a red collar to
his inside.coat. Now a red collar mail red facings to
a green coat, was the uniform of the Sharp-shooters,
and this was the dress in which the Noble Lord said
he first saw De Berenger. Therefore there was no.
thing is Crane's testimony directly contradictory to
the allegation of the Noble Lord, and certainly
nothing to justify the strong remark of the Learned
Judge. This remark then, which formed the subject
of the 18th charge, certainly called for inquiry, and
warranted the motien,becanse it afforded a just ground
to suspect partiality. But according to the Hon. Gen.
tleman (Mr. Law), no charge against a Judge should
be entertained unless actual bribery appeared, or in
other words, unless the guilt of the Judge were so
glaring, that it would be impossible for the House
to shut its eyes against it. The Learned Gentleman
was, however, more constitutioual in his language,
than the Honourable Gentleman : and admitted that
just ground of suspiCion would form impeachable
matter. With regard to the observations of the Ho.
nourable Gentleman, that we should not allow any
law or privilege to Members of 'Parliament which
was not enjoyed by other individuals, the fact was,
that Members had many exclusive privileges, and
one of them was, the right which any Member pos-
sessed of laying an article of chaige upon the Table
of that House. But a Member had not, in fact, any
material advantage in this respect, for any other
member of the cornamaity might also peter a charge
in the shape of a petition, which lie (Sir Francis)
should not hesitate to present; nor could he suppoo:
that any Member of that House, aware of his duty,
would refuse to present such a petition. Therefore
there was no mighty difference in such cases betwreu
Members of that House and other individuals. But
as the charge under consideration was presented by
a Member of 'that House, it was surely not the less
entitled to attention, especially from a recollection of
the sentence, which that House itself, as well as!
all other men, the Noble Lord himself, and his
Judges, conceived to be too severe—(Hear, hear).—
But yet the Noble Lord did not complain of, or ap.
Vlfor, any mitigation of that senttnce ; indeed, the
obJe Lord refused to make any bud* application.
But the Noble Lord's conduct throughout, before
and after his trial, was such, that lie (sir k rancis)
could not conceive it possible for any man to act with
such confidence who was not conscious of his inno-
' cence. Here the Honourable Baronet detailed the
proceedings of the Noble'Lord to obtain a new trial
in order to vindicate his conduct by add uciog further
evidence, and strongly animadverted upon the con-
duct of the Court of King's Bench in rejecting the
Noble Lord's application upon the subject, because.
truly otiters involved in. the same indictment, and
who had fled the country, did nut join in the appli-
gado& Trio ruled Court, picadl4 fur this extraor-

ainsiy aeclslois, iiffseirell to hint, as It
inspartiallman, utterly unjustifiable. '
in fact no right t' make such a rule,
oncly contradictory to that sacred mas.
Charta, ztulli ar:abintu: aut wnditinot ant ,
'Want." Justice was denied to the Nair

upon the most en•enable grounds, u
however, very approrrive to the nosy(
prosecutions For conspiracy. The prii
system of prosecution was, in Wet, alr

tionabie ac that condemned by the Poet-
----Rhathnianthus Labe: duri.crma mina,
Castigarque, audnq;—dolos ; sub,gi.q ; fated.
The Honourable Baronet mantt.tined,
strain in which the Learned Judge del
in the charge alluded to, for inst:►nce,

sons must have been murdered at the
the evidence were not deemed suffice

the accused, departed from the tempera
duty prescribed, and which became the
an impartial Judge. The House shot)!
upon the charges on the tahle from
duced by the Learned Gentleman who
that, I,kc samples ton often ethib'ted ai
kets, diEered materially from the bulk

longed. It must be clear to any man who isupur
tially read the charges throughout, that they eel
rained a great deal of impeachable stuttter,•web
called for the inquisition of That House.
Tie tiTTORNEY-ENERAL observed,that it
had occurred to many, that the House should not so
long have delayed to decide upon those charges, but
for himself, and for the sake of justice, he confessed
that he WAS glad of the delay, because k afforded a
fulk r" opportunity for considering the *hole case, n 4
because the result was such as he had anticipasel I
must be the consequence of due consideration. ft
the Learned Judge alluded to, were not more or less
than man, he must feel that he had pound to con.
gratulate himself from what had taken place thu
night. For after what the Hionourable Bartis-s had
stated, that not only any Member of that House, bat
any individual in the community was at liberty to
prefer a charge against the Learned Judge, it was a
gratelul testimony to that Learned Judge, dtsrlin
of his difgcult and important d -ties, that ni one wa

ever found to prefer any charge against him but as
unfortunate convict who was pronounced guilty by a
Jury of his,country, while the only person mend to
support the charge of that convict was the Hump
able Baronet associated with him in the representa.
tion of Westminster. Bu: it was impassible that any
man who looked impartially at the wilco,: of the ease
could concur in the conclusions of the Hun. Baronet.
With respect to-that part of the charges which related
to the direction from the Judge to proceed with the
trial, the Honourable Baronet had not stated the facts
correctly. There must be a power somewhere to to
gulate the proceedings of the Court. It would be
utterly impossible to go on in the. usual course of
justice, it it were put to the convenience of an Ad.
vacate, whcther x cause should be proceeded in at
postponed to a futnre day. There would always be
some reason or other, why an advocate might ail
fir delay. He would go further, and say, that the
interesls of justice were substantially prontwed by Ea
allo xi:lg any unnecessary. delay, for an advocate was
in a better conditioo.to discharge his duty, when all
the various occurrences were fresh upon his es.ind, the
tone and manner in w},ich witnesses had give.' then
evidence, and a thou-and different circumstances, the
force of which would be whull7 lost, it any coati.
derable interval writ? to take place. With respect to
:he power of determining what course should be
adopted in any cause, it WAS evident that a presiding
authority mast exist somewhere, and in whose hands
could it he so properly placed, as in those of the aid
Judge of the Cum: ? There was te.thing unjust, ax
I impartial, in the conduct or my Lord Ellen.
borough. He merely intimated a hope, that they
might be able to proceed, in the trial, and to bring
it to a conclusion, without any adjournment.—
Among the many misfortunes which had befallen the
Noble Lord, he could not help I considering.it as one
of the greatest, that he bad the Honourable Baronet
for his advocate. He did not mean to use the words
offensively. He alluded only to the fine of argument
which the Honourable Baronet had adopted. The
Honourable Baronet. said, and -it was one of the
gravest charges, if it were founded in truth, that the
Noble and Learned Lord, using that striaog and for.
cable language which was so familiar to him, con.
ve) ed a different meaning to the Jury than what the
evidence would justify. the expression of the Noble
Lord, alluded to by the Honourable Baronet, was,
" that after having hunted down the game, they
then disposed of the skin." The game was De Be.
rangers the skin, the mountebank dress in which be
was clothed. The Honourable and Learned Gene
demon here went into a recapitulation of the evidence
which proved the facts of De Berens/if having been
identified through his whole journey, from Dover to
Lord Cochrane's house ; and animadverted in for-
cible terms upon the circumstance that Lord Coch-
rane did not call his own servants to prove the dress
in which De Berenger appeared, which it was reason.
able to presume he would have dome, if their eva.
(knee could have established what lie had stated in
ov:n voluntary affid ivit. With terpect to are
evidence et. Crane, the hackney coachman, no douht
it would be vety convenient for the purpose of the
Noble Lord it he could get rid of that altogether.—
But let the House remember that two long years had
now elapsed, and no attetnpt had been made either to
'disprove that evidence, or to indict the individual
for perjury. Even Denman, the person who re•
exited the note from De Berenger, who went with it
to Lord Cochrane at the tintnaa's, and who brought
back his Lordship's answer, though called Upon the
trial, was not examined as to the dress which De
Berenger wore. Why not ?—Becattse it was feared
he would disclose circumstances unfavourable to the
cause of the Noble Lord. The Honourable and
Learned Gentleman concluded by observing, that
there was not one syllable of crimination in the
charges against the Noble and Learned Lord.
Sir F. BURDETT explained.
Mr. BARHAM expressed his conviction of she
innocence of the Noble Lord. His opinion remained
unchanged upon that subject. At the same time be
could not vote in favour of the motion.
I: Lord COCHRANE replied at some considerable
length. He forgave those invectives that were direr.
tad personally against himself. From the near con-
nection of on Hun. Gentleman (Mr. Law) with the
' Noble and Learned Judge whose conduct he come
'shined of, his heat and zeal might be excused. The

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