The Statesman.
London, England, 1820-10-14 00:00:00

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The Marquis of Lanstewrta mild, that them timid be
i es doubt that the prosecutor, whoever he rm. lied a
right to said bark any unexamined wiliness and. be
thought. even If tbespestion now proposed bed kegs'
I answered at the Bar. it weild only put their Lordships
in possession a the fact, that unexamined vitamins bad
1. been seat away.
Lord CARNARVOM said, that it• would be desirable to
ascertain whether it was secenary that this extraordinaty
step sbonld he takes, contrary to the express-seders of
their Lordship. Now, if it appears that Al cc OD persona
bad returned to Italy, who could produce pereenal eii-
dence sagmerantteslor the safety of their friends.. mast
it not appear that they going home, welt fed, and se
doubt, well clothed,—(a laugh)—could obviate the no-
eenity of Mr. Itastelirs leaving the country, in direct
violation of their Lordships' directions 1 But there was
another view of thu case which should be taken. be-
cause every one of these persons should obtain passports
from the koreign Office, and the persons giving then
passports, undoubtedly Gecame parties to the transectine.
Lord Avatiswo believed it was the practice of the
Courts below, that a question may be put to the sten%
hut with a caution relative to any secret intrusted-by a
client. And this caution received more latitude in Ole
initial casts than in civil.
The CRANCELLOR said a few words we could not dia.
thinly bear. •
Lord ELLexnouortie could not considne that the prin.
ripl in this ease was to he protected as in all other caste.
In this case, it appeared that the principal was the State.
And the attorney-Ueneral bad no can to make out, but
barety to put their Lordships in possession of the facts.
And be, therefore, could not consider that general prin-
ciples could be applied to this case.
Earl Herr moved that (image Allen Powell be again
called to the Bar.
(Mr. Powell accordingly made his appearance.]
Examined' by Earl there.
To the best of your kuowledge, Lave any other wit-
nesses in this cause left the country?-1 have beard
that two others are gone.
Hid you enquired, when you sent nautili, whether
any other witnesses were likely to be permitted to do.
part ?—1 made no enquiry on the subject.
Have you had any communication with Rastelli him-
self since he departed ?—None; nor have I made any.
Lord IMORLET.—Did yon instruct ltastelli to go to
any other place or places than to Milan ?—I have al-
ready said that I did not.
Lord DARNLEY—Do yon comitler the witnesses and
this enquiry as under your control !—Certainly net.
Did you make any application to Rastelli to go, et
did he apply to you'?—l to him, not he to me.
Was it solely for the purpose of quieting the minds
of the persons in Cotton Harden ?—The families of those

persons.
Was it soli lc for that purpose f —No. I charged him
also to take those papers to have them legalized.
lonl EitssiNc—lf the sole object of sending Rastelli
was for the purpose of quieting the winds of the I
relatives of the witnesses in Cotton Garden, how ,
CAW! you to •end those papers, the legalizing of which
war ealenlated to consume some time ?—I gave him strict
isjimictions to come back on or before the 3d of October.:
Did von intend that the papers should not be left at
Milan, whether finished or not at the time when it would
be necessary for him to set out on his return ?-1 had
no expectation of any description, L left it entirely to
disrretion of Col. Brown.
• lord LaNstiowst—Will the witness state what fa-
Mittel ate at Milan, relating to the witnesses in Cotton-
Barden f
(The witness seemed to he somewhat at alo s to a +-
seer this question, as a long pause succeeded it, sod
the qocstioo was ohliyed to be repeated before any an-
swer could Imobtained.)
H'l could 'we the name% of the persons I should be
able to point out those who reside at Milan and. its
neighbourhood.
Did roe give say instructions to Rastallito •
Mi-
lan anti to go into any part of the neighbourhood niters
the families Of the witnesses reside ?-1 do not recollect
giving any precise instructions, but he was to take let-
ters, and be did take several letters to the families of
the witnesses in the neighbourhood of Milan.
Then was it by means of these letters that it was ex-
pected to allay the minds of the families in Italy ?—By
, means of these letters, ant the personal appearance of
laastelli at Milan, and probably he might be sent from
Milan into the neighbourhood.
Hail you rea.:on to expect that without instructions
Baste' would go to these relatives, and assure them of
the safety of the witn:sses here?-1 concluded Colonel
Brown would do that if he thoOrlit it expedient-
Would it have been possible to do ail that, to carry
the letters and make his personal appearance in the
neighbourhood, withagt delaying longer time than
would be required ty legalise the papers?—M 1 have
already stated, Rastelli lift this country on the 14th, or
the morning of the 15th, I do not know which, as I did
not see him depart. An ordinary courier has gone to
Milan in six days and six nights—supposing Rastelli to
take- seven, he would arrive on the 22d, leaving eleven
days before the 3d of October. The distance Li would
hen to tr. into the country from Milan would he to one
family at blanza, about ten wiles, and perhaps to Como,
..!.5
Lord ELLzwaoaoecii—Did yon send any letter to
Col. Browne by Rastelli ?—I did.
Have you a copy of it ?.-1 have.
Can you produce it can ; hot it contains a great
deal of matter relative to other affain. Ido not know
if in the situation which I stand, whether I one.; to
sheer this letter, which is altogether a confidential com-
munication.
Earl (last.--You have arid woo had in your posses-
sion the copy of a letter to Col. brown, why do you ob-
ject to the production of that copy?---I consider all com-
munications i.etween myself awl Vol. Brown an the com-
munication of agents in the cause, and I therefore object
to the production of any of them.
Do von object to new any part f•—lf I object to the
whole, I object of course to the parts.
Earl litter.--1 shall not press this point, farther,
cosmider it entitled to your Lordships best attention.
You also object then to the production of the whole?
—I object to the production of the whole or of a part.
Ivo rave positive instrnctions .o Itastelli to return on
the 3il of October ?-11 told him to return on the 3J, OR
as soon as he could.
understood you to say yesterday that yop did not
expect Rastelli would be wanted fore the Bill ca
before the House of Ominous t— beNut be wanted ames a
witness.
On what account did you give him such positive in.
junctions to return by site 3d of October ?--Beemuse
expected 1 should waifs the papers by tltat time—thi
necessity of' his being called as a wittiest t* thyt Hottal.
dies cot suggest itself to me. •
were you not aware of the opinion of this
IftiesiFt
' that it was necessary to keep all the witnesses in a stoat
to* produced whenever tli;.r might be required? •%Wril
yel riiif aware tint the House bai eitrestsiits
nod given its orates?
(No answer was pods, And the qeelties was rol*Stell.)
I was not. -
I.understood con to State thst yin were pereent'wben
?the First Lon( if the !Veen gave an erntraniw ter as
Haase to that (fact
Yon nacieritend ;toot? ..4)eoteiati. ' • .-•
ADM •
Illes* *44 1114.00!lse itat id/Piff•
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