The Statesman.
London, England, 1820-11-03 00:00:00

'atm, by the theatrical reprroeutat;ons at tile Villa
Thercihelleelli had played the spry. irtno-
e t part Of an antoniaton, a person who could he wound
op to do tinj thing, and aho was bought and sold by
the servants. It might be said there wit. no im-
propriety in joining in a dramatic representation ;
but could their Lordships conceive a lady acting with
propriety of conduct, when sloe uas taking a courier
and making hits the repository of her secrets, taking
his family into beeloase, and playing in such a cha-
racter to amuse that flintily? All Elie familiarities,
*filch had been charged. might bare been contra-1
dieted if untrue. And the Counsel fur the de-

fence bad been called upon in such a degree as
never men were called on before, to thew reasons to
justify the familiarities vi hich had been proved.
The evidence of the two British Captigns wettt to
support the charge of familiarity. Captain Pechell
by refusing to sit at table with • min who
had previously mixed with the lowest sailors
in the ship, had dose an act which was
honourable to himself, and to the service of which
was a nieuilirr. (Hear, bear.) lie would pass over the
case at Ansoe.aind go into die consideration of the evi-
dence of lion mini and Flynn. The Noble Earl then
commented upon the prevarications which he contended
had been made in the evidence upon the subject of
Bartholomew's day. This was upon a trivial fact, but
in proportion ni the fact was trivial to which an un-
willing witness was examined, the more was his unwil-
lingness displayed.

The witness, Hownam, he thought, was not to be be-
lieved, unless his testimony was materially confirmed.
The Noble Earl referred to Captain lirigg's evidence of
the conversation he had with Hownam, and which con-
versation the latter denied. Indeed, in some parts of
the case, their Lordships hail to decide between Flynn
end Hownam, for they often contradicted each other.
The Noble Earl proceeded to detail at considerable
length the evidence of Flynn and Hownam, and inter-
spersed •the detail with comment ea he went along.
His Lordship particularly noticed the testimony of both
these ;shames as to the necessity of a person sleeping
'miler the tent on hoard the polacre. They said there I
nas no mystery. But if there was no mystery, there
n,•ver were two such perjured wretches as Flynn and
llownam.—(Order,ortler)--It was impossible to believe
that Flynn did not know Itergami slept under the tent.:
'I he Noble Earl then commented at length on the circum-
stance of the Queen's Counsel not having produced per-
gami, the Countess Oldi, Austin, Schiavani, or Hierony-
:nous, and said, that even on the evidence for the defence,
he was perfectly satisfied ihe adultery had been cunitnitteti.
I know not, my Lords, said the Noble Earl, in a loud
voice, I linen Not the rules of lair, but I solemnly be-
lieve, no,Judge was ever called upon to deride so clear
a case. He passed on to the evidence of Illajocchi. It
gas unfortunate; but he confessed, that notwithstand-
ing the dexterity which bail been shewn witlt respect to
that witness, he (Lord L.) did not believe that much had
been done to impeach his testimony. Attempts had been
made out of doors in the wsy of caricature, and other-
wise to hold Majoeehi up to ridicule, and the phrase
Nun 711 i ricordo hid been Aberally med, to induce a be-
lief that he gas a perjured witness. This witness had
been Billed back, after the original close of his
examination, for the purpose of contradicting hint; Let
the threatened contradiction had not hero attempted.
The Noble Earl then proceeded to animadvert on the eel-
&nee of Carrington. who hail been called for the pnrpose,
of contradicting hlajocchi, but Carrington, in his LowiH
ship's opinion, was a witness who was not to be believer.'
The Noble Load then proceeded to point out the con-
tradictions, and conflicting testimony of Win. Car-
rington, and Sir William (sell. William Carring-
ton was asked in n hat month they were at the Villa
Grande ? He said, in the month of July. Sir Wil-
liam Hell said, in June, July, and August. How
troald their Lordships reconcile these coutratlictit.ns,
between the servant and master. In that instinct, the'
attempt to contradict Majocchi, had completely failed.
World their Lordships believe that if the Counsel for
the Queer had believed that Majocchl Lail com-
mitted himself, that they would call William
ingloa? He then read several passages of the
t. stiuwny. and particularly that part relating to
the charateter given to Bergami, of his being a gentle-
sosn. Their Lordships had heard some strange things
of this gentlemanly conduct. They had beard amongst •
others, that going out of the roans on one purlieu-
lar °omelets, he took up be;:i the candles, in-
stead of.nne. lie did sot know what their Lord-
ships might Whir of that. As for his part, he thought
it smelled strongly of the •Aop.—(laughing.)—lle next
referred their Lordships to the various distinc-
tions, boilers. titles, nhy, even the estates that had
been conthered op that gentleman, .ts he was called.
He admitted that they ware no proof of guilt, tut cer-
tainly the), had a most suspicions appearance. He
then called. their Lordships' attention to that part of
Demont's.testienosy that related in the arrangements
of the fatuity. On a certain night she heard the
child (Vicrorlim) mit*, and. toe
.going up stairs she
met the Princess with pillows under bee arm, going
towards the,soons of Borfaesl4lse stated that she the; e
saw the countess PIA and her Ater • blarriette.—
tied forbid that., he. idiqaJd .coud.erun _die Princess on
the etintervinenee.of Demoul, bet kere there were
two pees; thif might be called—the Countess Oldi.
and Himont's sitter—and they never were.produced to
contradletThiii st stenient if it•tlidAnt occur. Thai
circumstance 'polio volumes, and he.wwild.Call on any
Noble Lditrtn it his hand on hiS bract and say.
he did nolliel4ee, that oil that. oicision, the adul-
tenses ieigreoors~did not tyke . Another
•
strong ciftiforitance. in his opinion. was the Atm.
icene•at 104' This was spokes; iii:hylllajollii and
Delmont. si%J It-their account wsi ;false, they might
have been' Ciintraditted by the 'Countess t)l4, Austin,
aid Hierthlituties.
.they here there, and yet Off had
Mot been on' the. part of the Queen., •" 1' con-
elusion f from-the others, was.
itresistiblt • Tie bad now stated his opinion; and the
grounds ofiliat opinion Without regarding the slander
which badtbeen pibliely thrown upon biw, insinuat-
ing that he was actuated in his conduct on. this. trill.
by mod roe et personal interest. I odeed,' Fie had of
late been iiestered with a number of applications from
people soliiitiochis Influence or intended intiurece ie
India. and Imo of thrice applications was actnally from
a physician 'twitting an appuintmeht inn his house-
hold.—(A liehgls4--The Noble Earl in ananimated ama-
sser tikehansed# personal views s• a the pretest question.
)isintinglat the stasinet immediately before the House,
be pesseaselod. in dams tbe'ob;ections to the present
. &NW Noble Lords had declared they would
. asereg esstellse's BI ad Pales and Penalties. He con-


...NO. , •••

traded thatAuch a
►ioaal, though M•
coakl jagtify Its api
said chat sash a Bill

sent case, because there was a remedy by impeach-
ment ; but it had been decided there was no such
remedy, and therefore that objee.isso fell to the ground.
A third objection, and a most extraordinary one
it was, appeared to some Noble Lords to he the vote of
the other House, which inipliedly threatened a rejection
of the Bill. Upon the construction of that vote, or who
were parties to it, he should nut examine, but he should
like to he informed with what ilecenev such an arguntost
could be offered to that House.—(Cheas.)—Wheu hi
heard hi. Noble Friend advance such an objection, ho
had almost determined to call hint to order, for it was
highly improper to refer to the proceedings of the othori
House, with a view to over-awe those of their Lordships, '
Upon the whole case, he could seriously and solemnly
lay his bawl upon his heart.. and vote for the
passing of this Bill. Something bad been said
about expediency " What," said the Noble Earl.
sr Do I hear such an argument in the English
" House of Peers ?" My lairds, this House has long
retained, may it long retain a chatacter high indeed
In the opiqion of Europe and of the whole world.
for its regard to the principles of justice, and its
firm and steady adherence to them ; and lost moat
he that character if your hardships' are to be go-
verned by arguments of expediency. The Noble
Earl thanked their Lordships for the attentive bear-
ing they bad given him, and laying his hand upott-
his breast with great ardour, he declared his con-
viction that the charges against the Queen had
been proved, and that he was re-ultately determined:
to support the Bill. (The Noble Earl sat down
amid glinted universal cheering.)
The Earl of ItosltHlClltr said, that the vast important*
of the present question in.lneesl him not to be satisfied
with giving a silent sole, but be .1 id not trespass
lung upon their Lordships` attention. 11 itheout arrogat.
iiig to himself a larger share of justice titan was pourer
ed by those who differed f him, hr declared, that no
mail came to the roissitlera:' of this question with
more impartiality than himself lie objected then to
this Bill upon principle, end PI Id oppose it, bat
even supposing there to be no objection to the Bill it-
self, yet with such a mass of contradictory evidence be-
fore him, he could not make up Iris mind for a convic-
tion, and therefore, upon his honour, as a Peer, lee de-
clared that he was not satisfied of the Queen's guilt.
(Loud cheers trout the Opposition Benches.) Some ot
the evidence against her, he helicon!, was perjured, thot
remainder was suspicions at the best ; but when it was'
proved that one of the witnesses against her, had been
sent nut of the country, and another, who was
to he produced in her favour, was either unwil-
ling to come, or had been furbish's it to come, ha
could not bring himself to give judgment against
the meanest individual, upon Pitch a case.—
He implored their Lordships to judge this
question in the benevolent spirit of the English Law,
which gave the benefit of every doubt t•• the accused.
Some weight too, he thought, should Ir given to the
probability • f their Lordships passing a Bill which
might Iv: rejected in the other !louse.; but iu every
t hoe of the rase he was determined to oppose WS
for ;1* it shun's! pass, he' believed it would afford
an opportn.i;t. ta designing men, to attempt the sub-
version of the Constitution. He was till last man who
would wish their Lordships to be intimate's' brillspou
pression of feeling out of that flown., which moilmould
the shape of popular clamour. But while he disclaimed
all disposition to yield to any expression of that Wore.
he trusted their Lordships woula allow him to observe.
that the decided sense of the most isnisortant and must
intelligent part of the community, aN;eared to he hos-
tile to the Bill before their Lorifships. Coder their cir-
cumstances, anal with a view to the various consideral'ou
b .aring upon the case, he implored their Lordships to pause
lis their course. Ile implored them to act according to
the dictates of that Iseneeolence, which formed so valu-
able a feature of the English character. If there was
soy doubt in their minds as to the proof of tbe charges
which had been preferred against her Majesty; if there
appeared to he any daft. iency in the evidence brought
to their bar, Imr trusted that that consideration, coupled
with the question, as to the expediency of the proposed
measure, would hollow them to abstain from pastier" a
ni , the consequence of which would. in his opi-
nion, be of the most mischievous kind; consequences
that threatened with destruction all our most venerabl.:
and sacred institutions. Such being his view of the
subject, he mild not, with any satisfaction to himself,
withhold it from their Lordships, and he now, therefore,
declared, that whenever the question for tire second
reading of the Bill should be put to their Lordshipalry
the'Noble and Learned Lord on the Woolsack, be should
feel it his duty to say—Not content—Dear, hear, hurl
Lord Itannost.a said, that with respect to eiesont
and Msjtwthi, he believed them both. (Hear, hear.)
They were not witnesses upon wl he placed implicit
reliance, but where they were confirmed their evidence
was good. He also lislieveil Lieutenant Flynn upon
some parts, he did nut reject the whole because
some part of what he had said was not
time truth. Titer might to make allowance fur
blajocchi's nut speaking the saute Italian spoken
I,loy the interpreter, and for the manner in which many
Lot the questions mete -put to him. They onghtwot to
reject the whole of his evidence without wore sufficient
reasons than he hid yet heard advanced. The Noble
Lord commented, at considerable length, upon that
limn of Majotehi's rvideite which he considered to be
entitled to credit. With respect to Demont, if !see testi-
:soony was to be rejected because there might have been
isf„t sof indetbrum in her life, what was to become of
,Illoriette? By whom were they surrounded, who *as
there in the world to be relied on, if such things were
'to prevent reliance? lie compared time evidence of
' blajoechi, Demont, and liarguilo respecting the bath,
'and contended that it was perfectly. clear am! coo-
'latent. Whether the bads was in the cabin or.
ik the dining room signified nothing as to the
indecency which had been alleged. And that fact
alone was sufficiently presumptive to lead to an infet-
-once of guilt. For no woman in the world who had not
entirely thrliiered up her person to a map would have
consented to so ionlocent an exhibition. Their Lord!
ships must take the evidence, weigh it, and eta-
..sine it, and upon the whole, comae to the last itti:
portant conclusion. lie thought there could be
only one result. Ills huntship then mad* some oh-
'aerations upon the principle of the Bill, and contended.'
at considerable length, for its necessity and rerpriety.
He then concitidedby entering unto a general vindica-
tion of Bills of Paios and Penalties. The power ofd
proceeding by such Bill was, Ise contend's!, necessary to•
the succobion of the Crows. The Noble Load.
adverting. to the first Act of Settlement, observed, that
this Act, excluding Roman Catholics. from the Throne,.
Was is fact a Bill of Patios and Penalties to all Hie hairs
vf the Crown professini that reliFion. The
At of Settlement wait fardstri for st not only ea=

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all Min
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i peoceediug was perfectly cipititst- Latall AAN, bat also al
admitted that ao t 'Wein, east slope Izilhave PoirpetrelitOnni4";:sßteioigithoe%
tplication, Other Noble. Lords bid ble Lord next alluded to the
II should not he resorted to iu the pre- fair th„,„.04,i„, of the Duki