Star.
London, England, 1820-10-04 00:00:00

WEDNESDAY, OCTOBER 4, 1820.

cumstances, but things which he; the account
which he had previouslysiven, could not but-know.
Can your Lordships give credit to this testimony ? I I
would also call your Lordships attention to the
statements which the Witness made respecting their
residence at Naples. • He appears in every instance
to have forgotten those answers which, if remem-
bered, would have been of material consequence to
the defence. He does not know whether they tra-
velled all night, -and when asked whether they tra-
velled eight or four hours, he answers, that he had
na watch. My Lords, that is impossible ;be who
has sworn to smaller circumstances with so great a
degree of nicety, could not have been without a
watch. How comes he to recollect so exactly every
circumstance in favour of the prosecution ? Why
does he recollect so accurately at one time and al-
ways forget when his evidence would be suited to
the purpose of the defence, or (what is the same
thing) to his own contradiction ? The same want of
memory occurs on board the polacca ; he knows no-
thing of the number of the sailors, nor can he tell
where any persons slept. In short, a more daring
witness was never examined in any Court of Justice."
But this is not all. His frequent expression of " don't
recollect" could not have been used, if he had, in the
first instance, been speaking truth. He is examined
respecting Mr. Hughes, a banker's clerk At first he
cannot recollect such a person, and has no recollec-
tion of any banker's clerk. But when he sees that I
hold a :etter in my hand, which, perhaps, he did not
suppose to be in existence, without being asked a
'single question which could bring the fact to his re-
collection, he begins to recollect Mr. Hughes, and
says that he called him a banker's clerk as a mark of
familiarity. His familiarity, it seems, had made him
forget him altogether. When asked respecting his
offer of marriage to Mrs. Blickburne, he attempted
to laugh away the matter, with, what success your
Lordships must determine. Before I leave this part
of the case, I will call the attention of your Lord-
ships to the shuffling, prevaricating answers which he
made respecting the money which he received from
Lord Stewart. He first says, that he did receive
money from him, an.l then swears that he never re-
ceived money from Lord Stewart at Vienna. Now it
is easy to guess what sort of an evidence this Ma-
jocchi was, for he was then laying the foundation of
that favour which he has since'experienced. When
employed in laying that foundation, he could recol-
lect everything; but the moment that a question was
asked, which might have given a different colour to
his representation, his recollection forsook him, and
everything was forgotten. I will remind your Lord-
ships of that part of the Attorney-General's instruc-
tions, in which the act of kissing is mentioned. This
circumstance is negatived by the witness, who speaks
only of whispering. • I could also draw your atten-
tion to several other points, perhaps not as striking,
but all spewing that •he has told one story to my
Learned Friends, and floin which he has afterwards
differed, because he found that we had the means of
detecting him. He forgets his intention, because it is
easier to forget what we intend to say, than to forget
the truth. I will refer you to that part of the Solicitor-
General's examination, where he asks, Did any onegive
Bergami broth? Yes, was the reply. Did any one come
in ? I don't recollect. Did you hear any conversation,
or anything else? Only some whispering. It was
evident that my Learned Friend did not expect this
, answer. His object was not to prove whispering.—
No, he opened with an account of kissing being heard,
and if I had not known from the answer, I knew
from the paper which he held in his hand, that whis-
pering was not the word which he expected. If Ma-
jocchi had said nothing more than whispering in his
statement to my Learned Friends, the Counsel would
not have added, " Or anything else" to his question.
The question was repeated a second time, and whis-
pering again was the answer. Other instances of the
same kind have occurred, and I hope.your Lord-
ships will not think me tedious in adducing them.—
I w ill call the recollection of your Lordships to the
further questioning of Counsel. Did you make any
further observations ? Yes. Here my Learned
Friend thought he had secured his witness. " Well,
what *passed ?" "He held her." " ti hat else r im-
patiently inquired the Counsel. "He held her, to
keep her from fallinF r With this answer my Learned
Friend was not satisfied, but having something in
his hand which the witness had stated in a former
examination, and hoping to draw it to his recollec-
tion (not knowing that he was attempting a most dif-
ficult task), he again demanded, " Did you make
any other observation?" " No," was the witness's
reply. Many other anecdotes he had related evi-
dently springing from the same invention, but, as it
generally happens in these cases, he forgets certain
parts which he must have recollected if the other
parts sworn to are true. I might ask your Lordships
of the degree of credit due to the story, which repre-
sents the Queen at a time when another passage ex-
isted ; a passage in which no one slept, and to which
she had undisturbed access (for, after much preva-
rication, the witness was brought to admit that there
was this second passage); yet that she preferred the
way in which the witness slept, through a room in
which his bed stood without curtains, a fire giving
light at the time ; and Oh most monstrous of all,
that in order to make her detection sure, she stopped,
went to his bed, and looked in his face to see if be
was asleep. The story, my Lords, contradicts it-.
self : is it to be credited, is it a probable thing, that
in a country where she was surrounded by adepts in
the art of intrigue, scorning the more private pas-
sage, she should pass through the apartment of a
person who bad then been only a fortnight in her
service, in order to commit adultery in the neit
room ; that she should go up to see if he was asleep,
and there.run. so strong a hazard of discovery before
ese who kneW her.face, who saw her every day, and
'who kaew her to be. the Princess of Wales? This'
story its a 'Own incredible stna sillitaienticin; and"
odly sheias here (what often happena), that in putting
the path together diey are found trot tott

I w
cle:ssri,lelpwalresehseonirenistmißsin.enrdgoytaoomriu
jorutLosohrthlasyhtei period when
Lordships
rde t we
recollect, also id nithot thbeegilinritno-
dine with her until some months afterwards. You
will
that he states that he knocked at
'l3eigami's room, at Genoa, on' the arrival of the
Bonner; but in his cross-examination he says he did
so in conseqUence of fire.. But I will not dwell upon
that, I will rest upon the account which he gives of
his reason for quitting the service of the Princess. I
is willdisreti
distinctly
au pyonprtohvaetd, with th re
, for one
to acu
gross palpable falsehood
which he could not ha ve forgotten,th at will Ix.- sufficient
to dispense with his evidence entirely. He said.that
he left the service of the Princess, because he did not
like the bad people who surrounded her; thereby
serving a double purpose, that of_ exalting his own
credit, and at the same time of debasing the friends
of the Queen. But this account is false, and I will
prove out of his own mouth that it is false.. For
when he was asked, " Did you not apply to Count
Schiavini tote again admitted to the Princess's ser-
vice," he answered," Yes, I did; but it.was in joke."
Mark tleat, "my Lords. It h possible that this appli-
cation might have been in joke if it had only been.
made once, but made at differeht times, and to dif-
ferent persons, it could not be in joke, and if it was
not in joke the witness is perjured. The witness
was further questioned, " Did you not make several
applications of the same kind ?" and he answered,'
" Non mi ricordo." Now, I must say, that either this
" Non mi ricordo" is perjury, or the story about leav-
ing the Princess is perjury ; there is no way out of it.
The two stories are totally inconsistent, and if one is
tree, the other cannot be so. But he told this story
with a great flourish. I ask you, is it the saying of a
true or a false man, when he says, that he would
rather eat grass than go back to the house, when he
admits he once asked in joke to be again received,
and where he will not swear he did not make many
applications ? I will now call your attention to the
next witness, the Captain of the ship, and I will only
do this for one moment. There is a something, my
Lords, in the demeanour of a witness always conso-
nant with a true and candid story, and those who are
accustomed to Courts of Justice will always observe;
that when a witness is not telling the truth, he is ex-
tremely apt to assume a flippant manner. Now, when
this witness was asked, whether the gun was on deck ?
he replied, " Yes ; it was not in my pocket." I only
mention this, because this was the witness of whom
my Learned Friend spoke so highly, whose manners,
he said, were so engaging, and whose deportment
was so respectable. Again, when asked,." Did you
come
.in a carriage from Messina ?"—" Yes ; I did
not walk on foot. But, to go into the sbbstance of
his evidence, I will venture to say, that a better paid
Italian was never brought for.vard. He. is paid at
the rate -of-1:2400 a year as a reward for his evidence.
Now, he has attempted to make it appear that this
sum is to be paid him as a compensation for the loss
which he will sustain. He is part owner of a vessel,
which he says clears 8000 dollars a year. Now I will
venture to say, that there is not a ship-owner at Mes-
sina who clears by all his ships one-half of that sum.
The witness and his mate are not known at Messina.
Had they been clearing 8000 dollars annually, their
names would have resounded all over Italy ; they
would have been looked upon as the richest of men,
and few persons would have left this country for Italy
without endeavouring to obtain letters Of introduc-
tion to them. The Cobbler of Messina, though known
in history, would not have been so well known as
themselves, if they had spent that yearly income in
Messina. But the Captain has himself told us what
sum he received from the Princess for the use of his
vessek his own recompense, and the wages of his
crew, amounting to 22 men, and it appears' that he
was to receive a sum at least a fourth part less than
that which he now receives for coming over to give
evidence. But this, he said, was not all; he trusted
a good deal to uncertaintr. This proposition contains
a truth, of which many whom I am now addressing
must be aware. I will only stop a moment here to
observe, that the expectations of the witness may not
even now be bounded by the reward actually pro-
mised. May he not reason thus—" If the Royal Con-
sort gave me so much, with an understanding that I
might receive much more if she was pleased with my
service, how much greater will be the bounty of her
husband, if I succeed in making out the case—if,'
through my evidence, the charge shall be established,
I I shall then receive a'reward, to which £2400 will
be but a mere joke, although that is greater than .1
shall ever get by my ship."—But, my Lords, the tes-
timony of this witness will be found to have origi-
nated in a feeling of revenge. I have a right to say
this, for he has told it himself. He said that he had
quarrelled with Bergami, and complained that he
-was deprived of part of his recompense, which Ber-
gami had kept back. As soon as he made this com-
plaint, and desired that it might be forwarded to
the English Government, he said he was told to 'I
go to London; and on this account, and through
this memorial, he would have us to believe the.
Government first became acquainted with him.—
Thus the only character in v.hioh the prosecutor
knew this witness, according to his Own account, was
that of an accuser of the Queen and her Chamberlain.
There are some matters in evidence upon which the
Captain and Mate areTound to Vary. I will. remind
yonr•Lordships of that part of the examination in
which the Captain says' that the Nuevo sf Wales was sitting
en a gun with Salami, and that they. ware kissing at the time.
Now I think that this is not so mansean a circumstance, teem
In the Mediterranean, that the Ms* theald ibrget, or at least
illrerently represent it. But, scanning to the testimony of the
Mate the was Siting upon a me& kid sot en* word about
kissing is to heleund in his etlio; • 'Pelops this was not at
the same time? Yes, it was, kr tleiVeplain had declared, is
his evideseeoltat when be ands his alleievatiess the Mae am%
ilrellent. • What think yri; kispeeting this witnisa).4
mall io•serupolousA when he saw a lady.'sosibe a
mane though she not whit bin% though eltFre mbrf iteghliqg
improper, indeeemes, oer 104111 light In thek behavisie, tibia's%
they were only leaning apihM the arm pkee, yet la his espe-
cial care of the morals of his Mate, and (at It appeared) his few