Star.
London, England, 1820-10-30 00:00:00

- - ,

• 77i .;•

NiT at DER 10.509.'

7RIAL OF THE. QUEEI4I::

• HOUSE OF LORDS, OCTOBER
.211. .
TWENTY-THIRD DAY OF THE DEFENCE
The Kmo's ATIOANav-GraelLAT. (Sir IL tirroan) .saPpOrl
of the prosecution.
(lit cotiratuntion Iml Me first Edition ySisturdeges Stait.)
iire could not suppose that the Princess of Wabes, who had
bees wedded to a husband whose glory it was to have been
tit the head of an alliance whitla had crushed that tyrant-10 the
elusb•—be could not suppose it possible, that she would prefer,
above ail others, individua!s who had•been the followers of that
upstritt despot ; but, so it was, that Bergami, the favouied Bee.
semi, bad been a soldier in Napolcoo's army; that Nassau, her.
Majesty's equerry, had, for a time, served under the same
Chief; that t'ol. Oliviera. her joint-chamberlain, had also betii
military adv.:mitt-yr, raised into consequence by the wars of
the Revolution; ani, in addition to these facts, that her Royal
Highness had thought It becoming in her, as a.Britisla Princess,
to personate. at a masted ball the Genius of,History, in order to
"'wawa with laurel tu: man who was one of the chiefs of that re-
volutionary band, in opposing whom the best blood of her awn
nearest relatives had been shed, and so much-of the resources of
that country, of which she was so soon about to be 'Queen,
bad been expended ! What became (said the Learned Counsel),
after such tacts as these, of the sarcasm of his Learned Friend?'
k could nor be said that Sacchi was undeserving of credit,
while his testimony remained uncontradicted. His Learned
Friend. air. Brougham, had dwelt mush on &eche* changing
his name, wllich he said was in consequence of the riot at Do-
ver, although sr was found that he had changed it twelvemonths
before. But .t would appear from the evidence, that he did not
allude to the trover riot when he gave the answer to the hot

question as to caanginz his name. He said he took a new name,
in consequei:ce of the tumults, and the danger he should incur.
The fact was, he came over as Milani, and changed his 'name
afterwards in consequence to the riot which happened at Dover.
But now for the evidence itsaf. Sacchi states that he was a
courier to her Royal Highness, an.i travelled in that capacity
from Rnme to d..-negaglia. lie is hardly cross-examined on
that point, although he was cross-examined at great length as to
his former situation, as to his change of name, and other unim-
postant circumstances. With regard to the journey from Rom.:
to Seitegaglia, Sacchi is left without a single question. It such
questions bad been put, the Counsel would then have supposed
u there was some intention to. Contradict him; but this not
being the case, no one expected it would be attempted to refute his
evidence. His Learned Friend, in the.apening of toe defence, had
said, that be would negative the assertion of Sacchi by a person
who was in the carriage at the.time. He (tut Attorney-General)
wished such a witness bad been, produced; it would have beta
worth ten such as Carlo Forte, unsupported as he was by other
testimony. Now, as to this Carlo .Etirte, if he was found to be
cuiltradicted by evidence on the same side, and.not, supported
by it, their Lordships would see how far his evidence was ea•
titled to credit in contradiction •tii the testimony "of Saechi.
Carlo roue stated that he was co..cier to her Royal Highness

When at Milan, and that he applied to her in consequence of
being out of service.at the dine. Vassali says ...at Carlo Forte
entered her Royal Highness's service at Rome, but provisionally
at Loretto. That he was-seift to Itonie with dispatches, in con-
sequence of his being a native, That lie, Vaasali, accompanied
the Princess from Loretto to Rome,. but Carlo Forte set-out as
a private• individual. •
•
Mr. Heenan complained that the.Attorney...reer 'sal did not
and the whole of the answers from the .lainutess but garbled
extracts. _ _ .

The Arroaser...Gratimat. thanked his Learned Friend for the
hint, and then read tlie evidence relating to this subject at some
length. Carlo Forte swears that he was hired at .Milan, and that
he went from Milan in" the "service of -her Royal • Highness.—
Tama says he was not then in her service. Here, then, Casio
Forte was contradicted at the very outside of his evidence.. Now,
as to the proof that Sacchi did ow 'Java troth Rome to Smegaglia,
Carlo Forte states, that .Sacchi went in a caratelka, and that
he, Forte, accompanied her Royal Highness as courier. The
reason stated why Sacchi did not travel as courier, was an acci-
dentate had, two months before. Could that, he would ask. be
reasoei why be did not ride on horseback ? It was iricreaiok
that a man should labour under that accident two months beture
he was able to resume what was his occupation, riding on horse-
back. .Now, as to the carriage, Carlo Forte states it was a
landa.ulet, with curtains which drew aside. tie say% there were
.only three carriages, and that Sacchi set out before the Princess,
Now for the evidence of Hownam and Vassali. Hownam will
not ventuft to swear that Sacchi did net travel as courier in
that journey. He says, the Princess travelled in a landaulet. It
was but weather, and they travelled by night ; that the Countess
Oldi and Bergatui travelled in the same carriage with-the Prin..
eess, although it was hot weather, and they travelled by .-ight.
" You would have thought," said the Learned tientlemaii, " that
in • hot weather it would have been desirable that the carriage
should have been less crowded; and that although it could not
be expected that she should part with Bergami, yet bee Royal
Highness might have sent the Countess of thdi into another
carriage, where there was a vacant
,place, since there could
be no impropriety is being alone with. Bergami, when they
had slept five weeks together under the same tent. The Learned
Gentleman inferred tram this, and from the fact of the Coun-
tess of Oldi not being called, that the evidence of Sacebi was
entitled to the fullest credit. 'l'he Learned Counsel begged to
know why the letters of De Mont, of which so much hail been
said, were not produced?. why the supposed challenge from Mr.
Hownam to Ompteda had not been offered to their Lordships?
But it seemed that there was something of a powerful nature
indeed in her Royal Highness's favour, which rendered it unne-
cessary to attend to little -circumstances of this description.—
Rutelli was called !. Oh, most fortunate for the Queen. Her
Counsel were to .produce, in that witness, a recompense for
all the losses to which she bad been subject in the course of
-this investigation. After; having one on with the wind with
the English witnesses, until the. evidence of Lieutenant Flynn
was blown to steins; and the admiesions of Mr. Hownam,
which after ail were ten times more ruinous to the defence
than the miserable exhibition. of Flynn, 44 taken place, Ras.
telii became a subject of observation, and the Counsel`. for
the defence went back to him with some. great design. It
bad been said that liastelli's absence was an, irreirable dis-
advantage to the Queen. In his conscience he 'believed it,
that she nad.benefited by that absence, beyond all calculation.—
At the very moment they were sinking in their evidence, 'they
turned about, and commenced an attack; on Ataitelli. Then
tame the account of . the conspiracy ; and Mr. "Denthalls in
alluding to that subject, took the opportunity to attack
Mr- Powell. With confidence he appealed to-their Lordships'
to acquit Mr. Powell of any improper view, however
they were that he bad committed an error in judgment.• Could
their Lordships, fur a moment, suppose, that his object was to
seasove Rastelli from further .emmination, and that that witness
*ad heen, as was insinuated, spirited away ? If Rastelli had been
km at the time, did their Lordships suppose, that her Majesty's
Counsel would have been so rash as to call him ? Nu, no. What
had they done with respect to Sacchi? Was net the refusal to
examine that witness, after haying threatened to call him back,
sommentary upon the cuuduct they meaut ex have adopted
towards Rastrili The absence of that nun was, he would re-
teat, one of the most fortunate circumstances far the Quern that
could have taken place. A clamour was excited ; and, if he had
been kept in this country, not one word would have been said
about him. Here the Learned Counsel took the► opportunity to
defend the Milan Commission. The most powerful necessity
existed for the enquiry, and those persons who were most
admirably qualified, by their talents, their integrity, and in-
dustry, were selected for the occasion.; ale. Cooke was ce-
kbrated for his legal kouwiedge,' and his skill in detecting
lialathoud—Colunel Brown was a perion pf equally respectable
character ; and Mr. Powell, whose character qualified him
also fur toe situation,co-operated with , those Gentlemen—
and could it be said, hat, because alr..Powell bad been joined
is the commiasion, he should not have examined witness4o
His right to do so was as indisputable as that of Mr. Vizard.
But this bad been said for ..he purpose of affecting the character
of Air. Vow.% who hail, A was evident to their Lordships,

I.

7'

. - .

•
att-d from no sinister view. It would be.reaolleeted. that Rat-
tail had been asked, for the purpose et shaking his teatimeey,
whether he had not had a eonversatiOn with Vase.* upon the
subject of his discharge from her Royal Highness's service?
This Ramp denied. live, why, when Vaasa was vadat ex-
amination, 4. is be not asked a question about this conversation ?
Because ne such thing had ever taken _place. The Learned '
Counsel then adverted to the evidence respecting the scene in
the grotto at Villa d'Este, and contended that" the persons pro-
duccd to .contradict the testimon of the scandalous =bilk.
*en -of the statues ilea' y inpleiely filled. 4le *en called
the attention of their Lend**. to • the .dance of hlahomet,
which he said was one of the most indecent apse:tar-lei that
ever appeared. Mr. Heyman had said It was a dance in
&Voile of the Doctor anti it was from thence inferred that
It could not have been indecent. It seemed that he had been
present once with her Royal highness when it was per-
formed; •supd Vassal' had Was seen Mahomet's dance. But
what signified it whether they had seen this dance once
or not ? Mr. Granville Sharpe had been called upon by the
Learned Counsel, • who saw the charge was indeed a desperate
one; but what had that Gentleman stated? That be had
seen the dance at Calcutta! it was, belae surer a *try eict4-1
. _ _ .

.
lees inference to draw. from thireirionistanCe 4/saving men a,.
dance at Caleutta, that it must have been Massone iss ftaly tisiegit).
Air But what bad the enliglithod eir Wilkes Get, Who was
deeply vers'd is itelitisio -ksosleilie, said? That it was n
1 more indecent than the Spanish Bolero! Why, he (the- -
torney-General) had heard and read of this tiltionish Bo-
lero; that it was sometimes so : ind :Scale that no - decent
female could be present for a moment at such an exhibition.
Mr. Denman had, indeed, endeavoured to relieve-the genend
disgust excited by the evidence. by assuring their Lordships
that Drury-Lane Theatre would treat the public with the dance;
and thus ingeniously endeavoured to 'destroy the effect of a
charge which couldpever be connadictod• by evidence. The
balls at the ilarona were also defended by the Counsel for
her- Majesty? Where bad those balls been given ? At the
Villa Bergasni—not at the house of her ;Bond Highness, as
it had been said, to amuse her domestics, but, at the Villa of
the great favourite—and who were at those MVO—the worst,
the very refuse of society; and amongst the rest, the dower
of gentility !—fa luug4)—the daughter of the innkeeper of
St. Christopher°, Who had been excluded from those balls,
given as, they were for the innocent amusement of the
domestics?—one who was, indeed, very nearly related to Ber-
gaini. -ff the neighbourhood and the domestics were babe en-
.

'remained, and that the disposition of her Royal Highness to
give happiness to all around her was so remarkable, why had
.tbt the wife of one of those domestics been present? The
wife of Begami was in the to ighbourhood—why was she
excluded from those mirthful scenes? No, no; as bug as a
Royal Princess was to remain, so long was the unfortunate wife

of Ilergand to be shut out Crept the society of her husband.—
Could the evidence of Pomi be ever forgotten ? He, upon being
asked about the presence of a particular female at the.billi, in
his anxiety said she was there, but she sass mut s prostittue. Was
not this proof of the description oi pawns- of " the Sowers of
gentlefolk?' who visited at the villa of Bergand ?
Mr. DENMAN here said, there had been no proof that at that
time the villa was Bergami's.
The ATTosNaii-VENELAL said, that whether it Was his resi-
dence or not, it bore his name, and was his property. The
Lear..ed Couns.:l then spoke to the evidence upon the subject of
her Royal Highness% performance of Columbine, and expressed
its surprise at the want of recollection of Mr. Huwnam as to that
fact. But it remained uncontradicted that her Royal I figh-
ness had played with her servants upon a degrading equality.
He now. had gone through the evidense in support of the Bill,
and should advert to that in favour of her Majesty, alter
just noticing, that Sir 'William Gall's petrels of vision were iery
great indeed, as be had been able to see in an instant, that her
Royal Highoess had two dresses on, upoq an occasion when
she *as only presented to his sight for one 'motile:it. This
power he would Call a Bash of lightning, and he must declare,
that it was equal, as a miracle, to that circumstance iu the evi-
dence for the Bail, which Mr. Denman had called an Italian
moment ! The Learned -Counsel then adverted- to the evi-
dence of 31i. Craven, Lord Guildford. Lady Charlotte Lind-
say, and Lord lAand-ff, who, he said; had proved nOthing.—
he Learned Gentleman then animadverted on the evidence of
Lieutenant Hownant, who had seen Bergami sleeping ender the
same tent, and 'diming at the same table with the Princess, and
yet saw no impropriety in it. The declaration he made to
Captain Briggs proved that at one time he thought it improper.
But much aliowauee was to .be made for Lieutenant 110WI/Alli ;'
he owed his promotion to bet Royal Highness; be was the sea.
of an old domestic in the family. He would new remark ea
the witnesses who might have been callea. Mr. Brougham had
pleoged himself to produce -Marlette, the sister of De Soot j•
but he had not done so. Mr. Denman and Dr. Lushingtee bad
given the most extraordinary reasons for not calling herbs veer
heard of. They and the evidence for the Bill was founded arm
a cpnspiracy, of which, however, there was not any evidence.
The fact was that Marlette and the other witnesses, who might
have been produced, were not called, because they feared that,
as they were called on to speak the truth, they might speak the
,whole truth—some parr of it, which would make against their
Allient, might be elicited in cum.-examination. But a witness
coming forward to speak the truth, was shielded with the-af-
snour of truth, and had nothing to fear from the terrors of a =eh
examination. But if Marlette was not called, why not call Ber-
gami ? alt. Denntanlad said, it was monstrous to call on a sup-
posed adulterer as a ritness ; but there was a case in 1799, in
which' an accused adulteter was called before that House to nega-
tive the adultery. But not only was not Bergami called, but
he did not even attend her Majesty in the hour of trial and
difficulty. What: all the family of Bergami dismissed? No,
they were nut dismissed. Bergami goes from St. titter's in
the satne carriage that had brought her Royal Highness there
and goes to the Villa Bergami, where his wife has since been
:
seen. Why did she not say, he is my faithful servant, who
accompanied me in my travels, and he shall still attend me, and
bold his office of chamberlain ? Chamberlain he believed be
was; for, although he had heard of Vice-chamberlains, he
had not heard of . any other chamberlain. The Learned
Counsel again adverted to the rapid promotion of Bergami,
sad to the attention paid to his relatives, as grounds
which afforded the strongest corrobotation of the charges
against her Royal Highness. It was remarkable that in this
ease, where female character was to be protected, only one
female had Wen called. Who so fit as the deem d'lseresteur,
wawa had been with her Royal Highness fromher quietist;
Naples to her arrival in this country ? The Countess Oldi, of
allwitnesses, ought to have been called. There could be no sus
picion of her on the part of her Royal Highness, as she was of
the Bergami family. Where was William Austin? why was
1-see be produced; he was now nineteen or twenty years of age,
and might have contradicted De Mont? Where was Micronesia?
At Brandenburgh House, but not produced here. . Where were
SchiavMi, Louis Bergami, Camera, Carlini, Faustina, Francised,,
and a whole host of witaesses,.who might have been produced?
The not calling these wituesses, spoke more in condemnation of
her Royal Highness's coudect than almost any evidence that bad
bees produced against her. I now (said the Learned Counsel)
eetigratulate your Lordships that 1 now approach the conch'.
dem of my address. My duty has been an arduous one. I have
opened myself tp the evidence. I haler made no unnecessary
appeals to your feelings or your passions. My object has heed to
bring the evidence before your Lordships, and to comment on it
in the mat manner I am able. That has been my duty; but my
Learned Friend has found out another he declares hi must de-
fend his Cale% at all hazards, although it should involve his
country in confusion. It was the duty otmy Learned Friends to
defend the queen, and to refute the evidence against her. Had
they confined themselves to this, they could not have been cen.
lured- But in the bitterness of their invective the Monarch
has not been spared—the annals of corrupt Itome'have been
ransacked, and the most detested of Roman tyrants has been •'
brought forwaid as a parallel with the Monarch of a free
country '. Had the queen been innocent, there would have been
no necessity fur this, innocence can secure its own defence, with-
out recrimination, without revenge! .We are told public opinion
has pronounced her Majesty innocent. The public has pronoun-
tad no verdict. Some individuals have attentrial to Pukes

• •
eltarrietar dt every individual engaged -for the pressestisi.
Them are some, my Lords, who, while thej have the Quell ki
their mouths, have another object in their hearts—the Ma el
their coristri ! Publfc opinion has been urged to your Lao/
ships as ground Bar your decision ib'a manner that neier was
equalled. Mr. Brougham tells you, that a yes are on the blink
of a precipice, and if you pronounce a verdict against she
Queen, it will be the only decision that ever went from your Lord.
ships that will be without effect." You are afterwards called an m

the honour of the Crown, and the purity of the Altar.
Moteltiellid the time should ever ;nine, when your Lordskipte
decision should b.hsluenced by such appeals. But, my Lords,
the honour of the Crown, and the parity of the Altar, will-be
herdpreeerved by your verdict, founded on the evidence brought
More yew.- On that evidence, my Lords I test, fif the sonC
setw our .denceot
pronouncing a Verdict of ter-a verdict that
will sa your own coniclenees, -and- Addis,: sooner or later,.
will the• Whole Country." - , .11 -; - - • •
The Aticumer-Ginniaci hating tkincladed Mr Address,
The Stiuctroa-Ganaest. (Sir Joint Coninjaddressed their
Lordship, In sapport of the prosecetion; nit folloWs:
° • My -herds, no individual standing at the bar of your Lot&
*Slips eversietid lo•greererneot of indulgence than myself. I
have to adth your Ueda** us a. subject • that has been so
,ointaseed -and sillitlessed; that ; it hrieartely possible that I cart
throw as lighinplia it. I have to address your Lord-
ships rillej faculties have been impaired with the attention
drat Itielsjla bas demanded. But, my Lords, I labour
under another disadvantage; I have to fallow my Learned Friend
the Attorney-General, who, in his address to your Lordships on
this occasion; has taken so minute sad comprehensive a view of
the: subject, in es- powerful, impressive, and irresistible a
speech, that it must carry conviction to every one. I must fol-
low him over the same ground, although I feel that almost every
'observation I 'should have made has, in a great degree, been
anticipated. If I were -to follow my inclinations and my feel-
ings, 1 would not say a single word ; but I have a duty which I
must discharge with manliness and fortitude. lam engaged in a
cause of the highest importance. lam commanded to follow
my Learned Friend in that cause, and I must not shrinkiZt
discharge my duty with all the ability that 1 possess.
this cause commenced, we were aware that, front the cheeps
being.at so many different places, and extending over a lonp
period, there would be much contradictory • evidence. My
Learned Friend and I expeeted this, but knowing the truth at
the case, and that we were not coming forward to establish what
was Use, we felt confident, that though some conflicting testi.
awn might be produced, there wnuld be enough of India.
evidence to establish the leading facts of the case.—
,
was sot (continued the Learned Gentleman) his intention to
So in detail through the whole body of the evidence. He weld
take a narrower course. He would discard, sedulously and ato
'tentively, every pan of the evidence that was of a conflicting
asture, and confine himself to these facts which were not dis-
puted, ur but faintly contested—to those which rested on testi-
mom that was not impeached--to those, the witnesses of
which might have been contradicted if they bad spoken falsely,
but were not contradicted;. and, lastly, to those facts which
were e.tablishid by the evidence for the defence. From these he
hoped to 'hew that-a case bad been made, so clear, so plain, sodia-
tinct in all its parts, as hula entry conviction to the minds even of
those who were least disputed to be • convinced on the Subject.
The Learned Gentleman, iu commencing his commentary on
the facts of the'case,touched first on -the-elevation of Ikrgami.
He recapitulated the circumstances of his rapid • rise, and ob-
served that they had not been disputed by his Learned Friends.
How then, had they attempted to explain them r Mr. Brougham
had aid the-circumstances were all very natural, that Belleau
. _

hid been born a gentleman, and had the-manners of gentleinan,
but- had • been reduced in circumstances by the events of the
French Resolution, and that he had sold his estate to pay his
father's debts. This was the statement of his Learned Friend;
and if the facts were true, they might and would have been
established in evidence. Now what was the evidence which had
been laid before their Lordships ? • Why, that" be was
not quite so chatty as Italians generally arc;" and. that he
appeared "'ream more of a gentleman than one of the lower
tom"- What Says ,Lord. Guildford? - That he saw nothing
in his- manners which abewed him to' be superior to the si-
tuation in which he had lived. What Sir William Gell?
1 hat he was " rather more respectful than there was any occa-
sion for ;" that he " required to be pressed to sit down ;" and
was moreover en remarkably attentive to hini '(Sir William
Gull), " that he would have handed him down stairs, if he
would have let him"—really it was too much to call these evi-
dences of gentlemanly, habits and deportment. Next, the
great services of this man were talked of. BUt where was the
proof of these services? He had waited from -d;.ty to day
in expectation of seeing some evidence adduced on this point,
but in vain. Mr. Bnatighem had said, that the elevation of
Bergami was gradual, and had not taken place in that sudden
manner in which love usually rewards its votaries. But
the fact was not so. He bad risen to his highest elevation
in the course of a few months. The statement of Mr. Brougham,-
as compared with the evidence, was quite ridiculous. But there
had been yet another apology for the advancement of BergamL
It was said that a promise of promotion had been made to bins
on entering into the service of the Princess; but on referring to
the evidence, it would be found, that the amount of this pro-
mise or expectation of promotion, was no more than this—that
" if be behaved well, he would be continued in the family ;" and '
that, when not required to attend on her Royal Highness as a
courier, he ought to be allowed to remain attached to her service.
as a servant out of livery." Every pretence, in short,
which had been offered in justification of the advancement of
Bergami, was fallacious; it could be explained by nothing
but the existence of that intercourse which the Bill imputed to her
Majesty. To use the words which one of our best dramatists had
put into the mouth of a Roman Empress, under circuiratancr
which he would not describe—
. " threadbare chastity
" Was poor in the advancement other creatures,
" Wantonness magnificent !"
The Learned Counsel nett adverted to the

of the

introdeition et so many of the kindred of Bergami into the ser-
vice of her loyal 'Highness—particularly the selection of the
Countess Oldi to be the only lady in attendance upon her, with
whoin, in consequence of the CoUstess not speaking French
and the Princess not speaking Italian, it was impossible
she could have anything but the • most limited intercourse;
the concealment front the teat of the Household, from Lieu-
tenant Romanis, froth Dr. Holland, from Lord Guildford,
from every one—of the relationship of the Countess OW to Ber-
genii ;lastlyq the exception of Bergami s wife, as the only one of all
his relations who was not permitted to appear before the Princess.
All these facts, though not in themselves conclusive indications
of the imputed guilt, when connected with the other facts io
evidence before their Lordships, led to an inference which none
but persons wilfully blind could withstand. 'the Learned Gen-.
demo neat directed the attention of their Lordships to the
invariable contiguity of the rooms of her Royal Highness ...a
Berkamt He ridiculed that apprehension of danger which bad
been °Beretta, an' apology for thh fact ; the change of the ca-
bins on board of the Leviathan, when there could be no such
danger, proved that it was wholly visintiaky and affected. The
part of the case to which' the Learned Gentleman requested
the particular attention of their Lordships, was that inwhich the
tent on the polacce formed so prominent a figure. He would
confine himself to the voyage home from Jaffa; and the wit-
nesses whose testimony he would first consider, were the 'two'.
British witnesses, Lieutenants Hownam and Flynn. He preferred I
the evidence of Hownam to that of Flynn, on many accounts.—
In the course of the Learned Counsel's observations upon the
evidence of Lieutenant Flynn, he dwelt with peculiar. force
upon the manifold contradictions that lied been inade by that
Gentleman, who had at one period sworn that a copy of a paper
had been made by him 'in English; at another in Italian; and
at another in half English, half Italian. It then happened that
this hero fainted away, at Mr. Brougham said, in conse-
quence of the intense heat of the atmosphere, joined to the
amazing length of the cross-examination. .It then came out
that be had employed Parguelli to .write it, and afterwardi
it was admitted by him that &Inertia was the man Upon;
evidence of_ this sort could any man leek with confiderice ?
Arkto the former tondoCt of Lwnte.sat WI TON be would nOt

._-- ..

•
say word. He might be a brave dicer, he might never Feints
have violated his honour, but on this occasion it was plain he
had been operated upon by. the factions abroad, krld had for!
lotto'. himself. The Learned Counsel Copley) then alludtd"
to the non-appearance of the Countess of Oldi, whose negative
testimony he looked upon as more conclusive even than the posi-
tive evidence which had been extracted in the cross-ewuninadoo.
Ode witnesses against the Bill. adverting again in the shire.
den in the sleeping apartments, so as to facilitate the continual-
laded hawed the apartments of the Princess and &nasal-T. .
olueitiosemlet that would be found to pervade the wltole•sye.!
tame the pieties wherever they went—he alluded to what oc.
awreal on board the Leviathan. Did any ground exist there
f uupßise, tor alarm ? Why wore the bed, of Bergami and
hello* Highness. comigowirto board the Leviathan ?.—suao.
pike! On board a bid* Wild war, ready to be 'protected
biruurtain Brim areibitalwer. Jury:ire! The, very idea was
• •
as they woe proved,

PRICE SEVEN

PENCE.

Air. DZIMAIL-.-0 State the circums..-
if you please."
Mr. Bwpacinete.,—'4 It would be useless to stop him at evert
misrepresentation. Let him go on."
The Sometroe-Gnisaaz. denied that he had mistated a single
fact, though he might have drawn wrong conclusions as to the
course taken by his Learned Feiend. He should next call their
Lordships attention to the pnlacca scene. H r Royal Mimes's
it was proved in evidence, had embarked.at Augusta; her be&
mom was so arranged In its relative position to, Bergami's, that
the person in one could be seen by the person in the ether. A
.test was erected upon deck, under which Bergami and the Prin-
cess slept. Some difference of opinion prevailed respecting the
vise of this tent. Lieutenant Hownam described it as being
about 10 feet by 16—a size which corresponded with the plan.
It was indisputable, from the testimony of a number of wit-
nesses, that the parties, unaccompanied by a third person, slept
under this tent during the Voyage-; that Bergami used to hand
out the light, when they had retired. The witnesses who spoke
to this fact, which directly led to such an irresistittle conclusion,
remained uncontredicted, and all the force of his Learned
Friends had been directed to shew that they were to be excese
lively remunerated for coming over to give their evidence. The
len which these men were exposed to by coming over at hats.
steseitline was totally overlooked, and the remuneration was car
mimed as if it were an annual stipend, instead of for a space net
probably execs:dim three nu* the. Was there anything, he
would-ask, in the manner In which they gave their evidence, to
justify any aspessioesupen their characters? It was, forsooth, all
Italie evidence, and vies to be knocked up the moment two
&ilia witnesses were beard in reply. The evidence of Lieu-
tenants Myna and HOWOIIIII was to aet the matter right. They
did, at length, give their evidence. It was said, respecting Lieu.
tenet Row, that -be was a brave man. He (the Solicitor-Go-
naval) did not mean to call in question his bravery—it was with
his evidence in the case be had to contend, and be would do so
freely. In his opinion, then, lieutenant Flynn felt himself em-
barked in a cause in which a great deal of passion had been en-
listed. He owed a debt of gratitude to her Royal Highness,.
which he wished to discharge in away in which he (the Sul.citor-
Getters]) thought he ought not to have discharged it. There
were two or three striking circumstances which,clearly skewed
that he had a disposition to exaggerate, and of this there could
be no doubt when his evidence was compared with that of Lieu-
tenant Hownam, by whom he was directly contradicad in
risme material points. He (Lieutenant Flynn) had stated, that
her Royal Highness could not be seen in her bed in the cabin
by lierganti from his. Afterwards, on cross-examination,. be
said he thought so, and subsequently ne admitted (as we under- •
stood) that he had no means of knowing. Was not this of itself
seilicient to skew the doubt in which Lieutenant Flynn was in,
and east a doubt on all his testimony ? Another circumstance to
which he wished to call their Lordships attention in Lieute.
nant Flynn's evidence was what be swore as to steeping oa the
deck. He said he slept on the deck almost the whole of the re-
turn voyage,eseept one night. The object of this was to skew
that during the whole of that time he was in such a situation as
that be could bear all that passed on deck, and of course that he
could be the better witness as towliat passed with respect to the
tent. Now the evidence of Lieutenant Howmun. was in direct

contradiction to this; and from the circumstance of their cabins
being near each other below, Lieutenant Hownam bad good
means of observing. Lieutenant Flownam then swore, that Mr.
Flynn slept on deck only occasionally ; that he sometimes tonic
his cot on deck, but was by no means constantly there. He
begged their Lordships to observe the motives which operated
on the minds of these two Gentlemen in their contradictory ao.
counts of this point. Lieutenant Flynn, by staring that he was
constantly on deck, wished it to be inferred that noshing im-
proper could have taken place in the tent, he beingknown to be
always within hearing. The object of Lieutenant Hownam'a
evidence was to• shewoltsc as Flynn was only occasionally on
deck, it would be the more necessary that Bergami should be
there.. He (the Solicitor-General) would not say which of those
two accounts was true; but certain it was, that one'of them
mutt hare been false. Another circumstance worthy of oak*
was, that Ur. Flynn first stated he did not know where Bergami
slept, that he had other business to attend to, and therefore
could not attend to such matters. ,Was this credible ? Could it he
imagined that circumstansed as he was In the ship, he could ha
ignorant of where Bergami slept? He was afterwards asked,
Have you any doubt that Bergami slept in the tent ?"
answer was," I cannot say where he slept," and when pressed on
this point, he says," I believe be did not et" there." How was
. it possible to reconcile those statements? If what be first said
Was true, hole could he swear to the subsequent assertions ?-.-
Why could he not have said, -0 I have a doubt. I looked into
the tent and did not see him." Their Lordships would observe
bow he described the looking into the tent. He could not see
Bergami there; it was dark. Oh, but then there was a light
from the binnacle; well, then, the reason why the light was pet
out from the tent was the fear' of the pirates. The binnacle
light was then questioned, and ht-accounted for it by saying, it
Could not be altogether covered ; there was not air enough ; yes,
but larger boles might have been made in the top; this would
not do, for the water would come in and extinguish it. What
were their Lordships to infer from these statements, but that the -
witness had found himself entangled in tlus,difficulty of his state.
ments, and that he could not,with consistency, get out of them.
As it had been justly observed by his Honourable and Learned
Friend (the Attorney-General), it was not in the main points of
his testimony that a witness could be entangled. To that be
would have made up his mind and adhere, but if taken out of
the main story, and led into bye ways, it was only there that his
truth or falsehood could be detected ; he woad there be unwe-
pawl, and by his manner of anfwering to suck questions,
might know the consistency of a witness, and hence appreciate
the credit which was due to the whole of his evidence. These
observations were billy bathe out by what occurred in that part
of Mr. Flynn's cross-examination.- He might be a brave man,
He (the Sullener-General; did not mean to deny it. Out of the
present cause he had no knywledge of him; butiooking to Ma
conduct as a witness in the case, he would say, that, perhaps,
from feelings of gratitude which operated strongly, hut certainty
from some cause or other, he had aufferedMinielf to he led
away; to be influenced *by'the spirit of faction, which was so
much abroad with respect to this proceeding, in such a manner
that his testimony shoukibe get rid of altogether. lie (the So.
licitor-General) should nothave felt himself tailed upon to make
Ithose observations with respect to Mr. Flynn, if his Learned
Friends on the other side had not entered inter such a warn panes
gyric upon him. He now CUM teem evhience of Lieutenant
llownam. He Stated, that . isleued Bergami slept In the
tent- lie Learned Friend Me not at all satkfled
with this answer, intetleredand mkt, that the mauling of the
witness was. sheiks ballesresi lhogaspi dept there, began** Its
hoard it. • 710 Wog was, however, mew Placed bey ad "Ibis
for.the witness aworethat be heard k, al that be bilieved
sooner was this said, than Mr. Bromilwas Waned up one} said,
" My Lords,. it Ma part of oar ease." • Thikwilikk was beef r 0
not touched upon at all by his Learned Prised Mr. Brouginan„
and only alluded to slightly by the other Ceensd, was no loom:
Adaitoed-by the wltisess than it was jewailkately declared. to
form ; part of their case. It was dopier, that
man of so much Isaning lei toilet is her Paied7:4a. 61
there should, no imparausta IMAMSett weir ewes CM he
an liW onsius.. The fait of Dasteinsea Salamis sleeping ors.



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