Star.
London, England, 1820-10-18 00:00:00

Mr. GRANVILLE SHARER was then called in.

The LORD CHANCELLOR to witness.—l understand
you have a doubt as to the accuracy of some part of your testi-
mony given at this Bar on a former day?—Yes. When I was
examined before your Lordihips I stated that the Bishop of

Calcutta was yresent at a Moorish Dar.ce at the Government,
House. From the memorandum of a friend made at the time,
I have reason to believe that the Bishop vas not present.
Lord KEN YON.—Have you any reason to believe that yon
are incorrect as to any of the other persons you stated to have been
Iresent at the dance ?—I have no reason to believe that I am in-
correct. My memory is very strongly impressed that the Bishop
of Calcutta was present; but I must consider a written memo-
randumonade at the time, as stronger than my recollection.

The LORD CHANCELLOR—This evidence does not
still decide whether the Bishop of Calcutta was present or not,
nor do I know that it is of much consequence.

Earl GREY said a few words on the subject, which were
perfectly inaudible below the Bar.
Tit_ LORD CHANCELLOR complimented Mr. Sharpe on
his candour. lie had come forward as an honest and good man
to amend his evidence, when he felt a doubt as.to its accuracy.
Dlr. BROUGHAM availed himself of this opportunity to put in
two letters, which he had read in opening the defence of her
Majesty. lie oow widied them to be received as evidence, and
lie must trouble the Noble Lord at the head of the Treasury to
identify the hand writing.
The Earl of LIVER/VOL.-1 have no objection to being
sworn, tlr. Brougham.
Dlr. Buountiars.—l do not require it, my Lord.

Two letters were then put in : the first dated Windsor Castle,
April 13, 1793; and the other dated Windsor Castle, Novem-
ber 12, 1904.—{Both these tasters were addressed to the Queen;
the first from his present Majesty, and the second from our We
enerable Monarch. They have appeared in the Bras]
The Earl of LIVERPOOL being sworn, deciaxed the two
Utters were authentic, and in the hard-writing of the parties
Samuzl Inman attended from the Navy Office with the papers
o:At:red on a former day by their Lordships, relating to the time
of service of William Carrington. The witness being sworn,
The LORD CHANCELLOR inquired what papers he held
in his hand?—An account of the time that William Carzington
served his Majesty in the Royal Navy.
Are they originals or extracts ?—Faithful extracts from books
which I have brought with me.
The Papers were ordered to lie on the Table.
At ten minutes before eleven, the Judges returned into the
I louse.

Lord Chief Justice ABBOTT, read to the House a long
written paper, which he said he had submitted to his brother

Judges, sscontsining his sentiments on the three questions sub-

mitted to them, and which having met with their unanimous
approval, he had their authority for delivering to the House,
as the joint opinion of the whole, ',though expressed itl the singu-
lar number.

In answer to the first question, being that proposed by the
Lord Chancellor at the beginning of yesterday's proceedings
(See STA& of yesterday), with the =Winn of the analogy of
a civil action," the opinion of the Judges was in the negative—
rarnely, that according to the practice of the Courts below, a
witness could not be allowed to give evidence for the defence,

that an agent employed for the prosecution had offered corrupt
considerations to persons to give false testimony, those persons not
baying been examined as witnesses in chief for the prosecution.
The opinion on the second question was also in the negative ;
parody, that evidence could not be 'knitted of corrupt prac-
tices by a person said to be an agent for the prosecution, with-
out previously establishing the fact of his agency.

The answer to berth parts of the third question, or that pro-
posed by Lord Erskine, was in the affirmative--munely, that
evidence of the conspiracy should be admitted, under this con-
ditions that the general nature of the evidence proposed to be
stated, in order that the Judge
ndduced should be previously
may determine bow far it is capable of affecting the defence.
The Artourrr-Gunzaat, now solicited the iudulgence of their
Lordships to wake a few observations. When their Lordships

bad commenced these prooeedinp, they had deeLtred that they
would assimilate cleat as much as possible to the proceedings
in the ordinary Courts of Law i and it was from acting agree-
ably to this principle that he bad yesterday thought it his duty
to interpose us objection to the course of examination which
the Clouasel for the Defence were pursuing. Ibe opinion
of SW lamed Judges, as just delivered, had, as he con-
1241POilis qty of that Ohjeettea• At the mote

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titre, if their Lordships should be of opinion that the In-
quiry-waione whish ought for any end of justice, to be pos.
stied in the present star of the proeeedbigs, the Counsel for
the Bill had, for their part, no objection, feeling assured,
as they did, that the result would redound to the credit of
the Gentlemen engaged in the Milan Commission. If their
Lordships thought that the objection on their part should-be
waived, they would readily do *Di but if such should be their
pleasure, he begged to remark, that supposing a prima facie

case should be made out by the Counsel for the defence, an
opportunity must be reserved to the Counsel for the prosecu-
tion of afterwards rebuffing that ease by contrary evidence,
The Learned Gentleman had thought it necessary to say this
much ip his own vindication; the objections he had interposed
might have caused some delay to their Lordships, but in making
them he had done no more than he conceived his bounden duty.
Lord LIVERPOOL said he felt particularly anxious to
save the time of the House, and for that reason, as well as
for others which he should state to their Lordships, he was
desirous that the course of examination, to which the objec:.
tiles had been raised, should be pursued. The question re-
tardieg the Agency tad assumed a shape materially differ-
ent from that which it bore the day before the List witness
bad been examined. He felt, that whatever might have been
the degree of agency tn which Vilmacarti had been employed,
a qualified agency had certainly been proved in the course of
the proceedings, which rendered it extremely desirable to have
the evidence, w hich was considered so important by her Majesty's
CounseL lie understood the Judges to say, that in their opt.:
nion the. inquiry could not be pursued; but the Attorney-Genera'.
having expressed his wish to waive his objection, he trusted their
Lordships would give the Learned Counsel credit for having
done so, and permit the evidence to proceed upon the investiga-
tion, which had now assumed so important a shape. The opi-
nion of the Judges having been entered, he suggested that there
could exist no difficuky to admit the evidence, particularly as it
seemed essential to the full administration of justice--(Hear).
Earl GREY said he certainly adhered to the opinion he had
already so firmly expressed, that the question ought to be put,
not for the reasons stated' by the Attorney-General, or by the
Noble Lord (Liverpool), for if it appeared, that according to
law the question could be put, and that the opinion of the
Judges authorised Counsel to put it, there could certainly be
no ground for departing from the sentiment which he bad
expressed. The admission by one of the Counsel that he would
waive the objection which he had maintained so resolutely yew.;
terday, could -not operate to induce him to depart from the
rules of law and the principles of justice, if the evidence
contended for could not legally be entertained, notwithstand-
ing the gnat anxiety which the Noble Earl (Liverpool) enter-
taiued—an anxiety which, if it had existed before, would have
saved a great deal of time, unnecory trouble, and discuselefew
(Haw, hear). Retaining the opinion which he had before es•.
pressed, be was the more confirmed in it by the opinion of that
Judges. The question was, whether, according to the prat.
' tice of the Courts below, the question could be put ? The
answer to that question did not appear to him by any atelia
satisfactory, for the Learned Judges had not stated that it me.
the object of their Lordships to obtain a knowledge of the prime:
tree of the Courts below upon questions of the kind.
Chief Justice had said that he rose to deliver his °pink*

with great doubt and diffidence, and be supported his opinion

with an elaborate argument, but be had not stated what was
the practice of the Courts below, notwithstanding the time oc-
cupied by the argument, which was given to greater length than
had been calledfor in his situation. But this was not all. In one part
of the opinion, the Learned Judges stated that facts and circum.
stances might occur which might materially affect a cue in their
Lordships' opinians, and render such an inquiry as that alluded to
necessary. Oa an opinion so inconclusive as this, and under circum-
stances of such a peculiar character as were brought forward upon
this extraordinary case, it became his duty to declare, that the
inquiry ought to be proceeded In. To put an cad to the discus-
sion at once, he should move that the witness be called In, and
asked the question relative to the inducement offered by Vain:m-
ewl to deliver up the papers of her Royal Highness.

The LORD CHANCELLOR said, he feit it to be his &sty

to say a few words upon this subject. When he had called their
Lordship's attention to the subject, be stated the practice of the
Courts below. If he understood the answer of the Learned

Judges, they had no practice or usage t. direct them upon the
subject. If, when called upon to state the law upon the subject,
the Judges had not Stated the grounds of their opinion, they
would have been wanting in their duty. He then declared that`
no consent upon the part of the Attorney-General to waive
the objection, should prevail upon him not to press it, if he did
not consider that exception in the opinion of the Judges, with
respect to particular facts and examinations as calculated to in.
ffuence. Ile was of opinion that the particular circumstances
of this case were not sufficient to let in the question. But he
would not press his objection, as he knew that several of his
cotemporaries entertained a different opinion.
Lord EftSKI NE could not but remark on the singular dis-
tinction made by the Judges, as to the three questions. 'They
had said that, in opening the case of a conspiracy, it might be
done by general evidence, and then afterwards brought home to
the parties. Were that the case, he conceived the admission of
his question was the admission of the whole, and he would
therefore move, that the question to the last witness, which was
objected to, should now be put, and for this be would quote the
authority of the Judges themselves.
The .1,01:.D CILINCELI.OR. wished to know if it was
their Lordships' pleasure that the witness Pomarti be called in,
and the question put to him which had been objectedso on a
former day ?—lt was agreed to, and
BONTICLIO POMA nn cal:4lli*. -
Mr. Grime reAd the minutes of the evidence given by the
witness on a former day.
•
DZSMAN wished that the questions and 'answers should
be interpreted to the witness, or Mr. Gurney read them.
Examined by Mr. Wu..on.

You stated that Vilmacarti told you to bring him the papers
belonging to her Royal Highness. Did he offer you any induce-
ment to bring those papers ?—He told me that be would give
me employment, and give me more emolument than my usual
employment.
Did be state the nature of the employment he would give
you 7—Yes, in the Police of Milan.
Did you afterwards possess yourself of any of her Royal
Highness's papers, and take them to Vilmacarti ?
The Somerton- GFICSUAL objected to the question.
Did you, in consequence of your conversation with Vilma-
card, do anything with the papers of her Royal Highness?—
Yes; en the following day I brought him some.
Did Vilmacarti say anything about the time you should go to
his office?.—He told me to call in the evening;

Did be mendon any pasicular time in the evening ?—Yes,
after sun-set.
Did you. upon any other occasion take any papers to Vilma.
card relating to the Princess /—I did.
For how long a period were you in the habit of taking her
Royal Highness's papas to Vilmasarti
The Souertos-Ggstift# obicagd la the question.

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