The Statesman.
London, England, 1820-10-16 00:00:00

PRICE Savvi Psmer.

Lords, who. were Judges in this case. And according
In all the knowledge he had of the proceedings is courts
of law, the case was opened by the Counsel. Here th.i
case was directly opposite.
Earl GRIT observed, that he was not aware whether
he was one of the four Noble Lords who had come under
the displeasure of his Noble Friend for their conduct o!
yesterday; but he certainly should not attempt to mimic
the universal forbearance and extraor4inary mildness
with which that Noble Lord had always conducted hies.-
self, and especially in the course of the present proceed-
ing—(a laugh). The Noble Lord liad.calleal their
Lordships judges in this case • but he (Earl (i.) knew
not by what name they could be called with justice. Ile
trusted, however, that their Lordships would einkavour
to do justice between those parties, and satisfy the mind
of the public, let the capacity which their Lordships
tilled be whatever it might. If, however, they were to
be called the judges, he contended that the examinatins
of Mr. Powell had been perfectly regular, and perfectly
consistent with that office ; for it was universally known.
that in the courts below, if, in the course of a judicial
proceeding before these courts, it appeared that any per-
son hail, by withdrawing the witnesses, or anyether
act, attempted to prevent the course of justice. it was
the constant practice of the courts to liaise that pears
brought before them, and er officio examins him on .else
subject.
Lord Ranesns Lc said a few words in favour of the
*lamination reuiaiiiiug on the minutes.
Earl Mem:mistime said, that so far from considering
that this examination ought to be expuoged, he item), ht
it was a most Material part of the case which their Lord-
ships were called upon to decide. The presect proeecu-
tipu hail, lie admitted, been justly called anomalous ; tor
it was the proceeding of the Government against one
individual; and he conceived that the tioverteitent had
only done their duty in instituting the prosecution. Bet
it was but fair on the other hand to make some consider-
ation for the accused, exposed as she was to the witole
weight of the Government influence; sod in that view of
the case he should must readily agree that whatever be-
nefit she coatd derive from the putting this examination
on the minutes she should receive.
The Earl of CARxAnsom was also of opinion tbat the
evidence should remain on the minutes, and he peirt .d
out the absurdity into which the House would fall, if
after having called the Counsel to the Bar, an,' heard
them on the question, their Lordships should deviate
that what had pa-sed, should form nu part of the pi:i-
t...dings.
The LORD CDANt ELL(at made a few obeervations as
to the facility with which their Lordships mien soe able
to obtain the printed evidence, and referring to the
remarks which hail fallen from the four No'u!e Lords
yesterday, who had been particularly alluded to by Cue
Earl of Lauderdale, his Lordship observed, that he 'mitt
yesterday heard a species of noise which, if it were
called eloquence, lie would defy an Interpreter of fit it
House to explain it.
The question whether the examination shoold stand
apon the minutes, was them pnt apt agreed to. .•
MR. i.e lIMA. of the Ftefign OV, way. tlievipeet!
at the Mr. He n-ae, examined by . r. .a-
tire to a passport having been gcanthd at_ the k'oreieti
Office, for Rastelli to go to Italy. Ile stated that Ov.•
passport had been given at the request of Mr. Powell xt
the 14th of September. He did nut recollect Mr. Powell s
stating any thing particular respecting Itastrlli's goit
abroad, further than that he was a tit person to pac"e
the minds of the witnesses in Cotton Garden; he did
not recollect if any one was present when Mr. Poet. ,
applied for this passport; other passports had
granted to Couriers on this business since the 14th of
September, hut he did not know the dates.
Mr. liaovonam then requested that Mr. PLAN : t
might be ordered to ascertain the precise dates, and rt-
port them to the House.
The LORD Cnexcetamt crcordingly directed th •
witness to be prepared to furnish the House with the io•
formation, and be was allowed to withdraw.
Earl CARN•RVON moved that Counsel be called to the
liar, and informed. that from /the testimony of M
Powell, it appeared that Rastelli had bees sent abroad ,
public business, and the House wished to Ileum if brr
Majesty's Counsel were prepared to go on with any
other point of their case.
' The LORD CUANCRLLOR rose and paid, that before he
put the motion of the Noble Lord to the House, he felt
himself called upon in the faithful discharge o( hie
duty to put their L irdships in possession of his semi-
tnente on the question which the Noble Lord had pre-
sented for their consideration. lie must, however, I.e.
fore lie entered upon his own sentiments, express lo
surprise that he had heard no reasons alleged in support
of the motion of the Noble Lord. Although the Hog . •
had a perfect right to Tall her Majesty's Counsel to tie•
Bar, and put this question to theta, yet after they hot
asked, as they bad asked, Remelt' should be called to
the liar and examined, and that Itaslelli was not forth•
coming, he was decidedly of opinion. that the furthe.
part of this motion ought not to be pot! He would state
to their Lordships the grounds of this opinion. If the
Counsel at the liar, after being informed that Rastelli
was oat of the country, thought propee to represent to
their Lordships, that they could not coneistently with
the safety of their client continue her defence, it would
be their Lordships bounden duty to call upon the Conti- •
sel on both sides testate their reasons, the one for thitiki toe
such &coarse necessary, and the other for objecting to it.
And having heard both sides, it would then be their Lord-
ships business to pronounce their own opinion whether
the proceedings should be suspended, or fshotild go on.
In taking this course, their Lordships would be eeta• •
blishing a most dangerous precedent; for if it were -•
established that any Court could call upon Counsel to
give an answer to such a question, it would impose upon
that Court the necessity of asking the Counsel what were
his reasons for the answer he might think tit to make to
the question put to him ; and it was imposeibte from
the infinite variety of motives which &void by possibility
actuate thee heman breast that there should not he some
fattier parts of a Counsel's case which it might be his
most sacred duty to withhold. If they thought proper
Ito interpose and ask the Counsel's 'reasons, they mire.
give full credit forlaving looked to all parts of lii.
case, and most faithfully consulted the interests of his
client. Ile should take the liberty of moving entire thio
explanation, as an amendment so . the Noble Lent's
motion, the words 4. he asked if there was any other
part of their ease they could proceed with," be left nut.
and that they lielnfortned that it remained with them
to make one application they thoufeht lit to the Court
tool CARNARTOtt tonfented (.0 give up his motion.
h wished that instead of agenainting the Counsel that
iltiotelli had been sent on pill& butinese. merely to sac,
that he bad leen sent out of The country by Mr. Powell.
Lore Ltraaroot. said they ought to add that he was
detained by iUness,andaneans bad been taitenta elfectn. '
late his return.