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London, England, 1820-09-06 00:00:00

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imputation. lie would now waive all objections to an
interruption of the proceedings, and most earnestly de-
sire their Lordships would have the accusation probed
instantly, and if there appeared any grounds of charge
against him, he should waive his privilege of Parlia-
ment, and most earnestly entreat that their Lordships
would deal with him as if he were not a Member of
the other House. The Learned Counsel, before con-
cluding, begged further to state, that he had put into
the hands of a Noble Earl, in a high situation in the
Government, a letter from Marietti's father, in which
apprehensions were expressed, in consequence of a
report that Colonel Brown had mentioned that his
son would be sent out of this country as an alien.
He (Mr. Brougham) had told Lord Liverpool that
young Marietti had gone to Sacchi, as it was com-
Facia to him to do, upon the subject of the evi-
dence; and, in doing so, he was no more guilty of
interfering with the witnesses than the Lords of the
Admiralty were, who had sent for and questioned
two individuals who belonged to the Naval service,
and who were to be examined upon the part of the
Queen. The Noble Lord had been satisfied with the
explanation, and had given the most satisfactory as-
surances that the fullest protection would be ex-
tended to young Marietti. It was out of these cir-
cumstances, he believed, that the mistatement, of
which he had so much reason to complain, arose.

The ATTORNEY-GENERAL said he never had heard
of the visit of Marietti to Sacchi till it was adverted
to in the course of the cross-examination. With re-
spect to the mistatement of the Press, he had to de-
clare that the answer said to have been given to the
question put by him, in the paper alluded to, by no
means corresponded with that which had been taken
down by the short-hand writer.
Lord LIVERPOOL said, it was perfectly true that
the Learned Counsel for the Queen had put the letter,
to parts of which he had called the attention of their
Lordships, into his hands, and which contained a
communication that a threat of sending young Ma-1
rietti out of the country, upon the Alien Bill, was
held out. The answer he (Lord Liverpool) had given
to that communication was, that there was not the
smallest foundation for such a report, and that Ma-
rietti's son should meet with the fullest protection
from Government—(//car, Dear).—He had not had
any communication with the Attorney-General upon
the subject of the letter, nor had he strewn it to him;
and cif that Learned Gentleman arrived at a know-
ledge of the fact, it must have been through a cir-
cuitous course.

Lord MELVILLE said, that the Learned Counsel
having stated that the Lords of the Admiralty had
put questions to two witnesses, who were to appear
in behalf of the Queen, he thought it necessary to
explain the occasion upon which such a circumstance
took place. The professional persons engaged for
the Bill had made application to the Admiralty, to
ascertain where a person could be found whose evi-
dence was requited. The Admiralty, in obedience
t) the orders of the House, had made inquiry. If
any application had been made upon the part of her
M.tjesty, the Admiralty would have held themselves
equally bound to render facilities to the production of
witnesses. It so happened that the person after whom
inquiry was made, was a seaman who had served on
board the polacca which had been so much spoken
of. This person had been on board one of his Ma-
jesty's ships two months. What had become of
him was not known to him (the Noble Lord).—
But it occurred to him that, as the two Naval Offi-
cers who were to be examined as evidence for the
Queen, had been on board that polacca, they might
know where the seamen might be found. He (the
Noble Lord) wished the two might be sent for in
order that they might be asked that single question;
and if those who were authorised to ask the ques-
tion, had made any further inquiry, they exceeded
their orders.
The LORD CHANCELLOR said it certainly ap-
peared that the publication alluded to by the Learned
Ccunsel, was not consistent with the evidence that
had been produced. If their Lordships had resigned
their privilege of preventing the publication, it would
still be for them to determine the course they might
adopt in regard to such misrepresentation.
The Judges, who had withdrawn at eleven o'clock,
did not return until ten minutes before one.
The LORD CHIEF•JusrtcE said, the Judges had
enrefully considered the question proposed to them
by their Lordships, and would now deliver their opi-
nions seriatim.
Mr. Justice RICHARDSON shortly stated his opi-
nion, that a Counsel ought not to be allowed to re-
examine to the er tent sought after ; and therefore he
gave it as his opinion that the question ought not
to be put.
Mr. Justice Bur was sorry to differ in opinion
with his brother Judges. But he thought criminals
and witnesses would be placed in a dreadful situation
if a part of any conversation was admitted as evidence
without the witness being allowed to explain his motive.
A part of a conversation might be in favour of one
party, but might he very materially altered if the
whole was stated. When part of a conversation was
stated the Court had a right to know the whole, and
If this was now done their Lordships could judge
f:om the character and complexion of that conver-
sation. For these reasons he was of opinion that
use question ought to be put.
Mr. Baron GA nnow agreed in opinion IN ith Mr.