Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-12-21


against those witnesses eau only "a, i, that
when hear what that something more H. / |
'naiI give Il every attention IN my power ;apd 4
rs many opportunities will be offered tor 1
correcting my opinion, SHAH not fail 60 do !
81 N that which may have overlooked, with |
respect 10 these Witnesses, should make II my |
duty, and shall be happy To give the aGcu- |
sea lie benefit CT any change that this may !
produce my opinion. Al present, can oVly |
speak OF the case as | know IT, when | have
better information respecting it, on that iu-
formation shall act. As to the pay Inch
OarSuio aud PaiurzO are 10 receive, ihivk
IL rlShi TO say that you cannot have fcfei- "a
witnesses bronghi TO Your bar, without dealing
with them differently from the manner in
winch Nou treat your own, for YOU have NO
compulsory means OF bringing them before
you. III is therefore necessary 10 pay them
tor Their time, as otherwise yom could not ex-
peet them TO come. WlrneS ses who are not
foreigners, can be compelled 10 attend with
out receiving any remuneration tor loss of
time, the law | will not pr,teud to say wise
Iy or not having ouly taken care of Physi-
c'ans ana Lawyers IN such case, aud they n
lone can claim ~ he allowed tor loss of time.
Looking al this, then, give me leave 10 sup.
pose that Gargiu!o aud i'aturzo prove the fact
q put IL AS an hypothesis) that the Queen aud
Ber.ami slept under the same tent for five
weeks-SuppoSin: this TO be true, how easily
might they have been coat, addicted by other
witnesses That however instead at beiny
contiadic'ed, has been conf med Nv Hownam
anu Film ; q net only have they confirmed H.
ont IN the manner IN which the pTSOi was OBJ
tanned sI0m them at the close ot their tcSti.,
mony, proves from their reluctance with
which they stated the fact how important II
was In their estimation.
1t Bergami had NOT reposed with the Queen,
th'' could have hecn proved Icy every one
that have named. Who slept below while
they were on board The roiacrei Countess
Oldi. the servants and all The persous have
mentioned, and therefore as they have not
heeh called, will ask, is it possible for any
one 10 say that we have not uo>itite ey;,;tuce
that Bsrsami did not sleep below during
'hat hve weeks which the witness tor the
prosecution stated him 10 have passed under
the teui Ii is 10 be sure quit different
consideration, whether sleeping under The
'e"l, from mat ana various other ciIcuin>
Stances proved By unsupported witnesses
iilelr i4ordShipS would be justified iu drawing
'he iuterencJ that the act OF adultery had
Actually taken place. Your Lord ships how
ever vii feei II TO tie your duty 10 keep IN
ninu what has been sworn to have taken
place at Alum, and van will also bear in re-
colectiou the meatureS taken TO SECURE
contlguity OF the bed chambers OF her Roy
al Highness aud Beraami az almost every
place which they visited. In The cirrun,.
stances OF familiarity which have been sworn
u, there IS no proof OF adultery, but as The,
may seem TO lead 10 that intercourse which
tne parties are charged with havin. carried
on, you are To bear them IN mind as VOL az
Nor ale Noa 10 cOntiue your view TO The .Ie
walton OF BergaIni himself hut You must loci
To- the extraordinary elevation OF ali the liz
ulV'dnaiS OF his family Your LprdSIiips will
uot overlook the very important tact of the
Introduction 1T the Countess OIdltO The as
tabiishmeui OF the Princess as a person a I
qnAIiiy, without any ofihe snite being pose
sessed with know ledge of her bein..
sister OF Bergami. The Introduction OF thi.
person was most extraordinary circum
stance. It's strange, aud Ia my MUD il l.
a strong TACT against the accused ihSt The
Countess Olii was TINS placed in the inter.
heuiate situation which She was 10 NIL tie.
tween the Qdeen and R4Trami win t,,;s can
ton aud cOucealueut. | would now direct
yohf LoIdshipS attention Is the evidence of
UeIgu!io at page III Ii will there be touud
'h+t alter speaking of the distribution ct The
cd'ih' o" board Tie po!acre, on tn. onward
voyage, certain alterations were made win.
respect 10 the cabins bv order of her ROYAL
III shness, and such change was made that
tht Queen could see BeGgam i'm his ted WHEN
she occupied hers and be seen by him from
MS. lh's testimony has not been dSproyed
VIII now call your attention 10 . puri of the
evidence ot Mr Finn He states that OF th,
outward voyage HE arrangements aud di,iIi.
button of The cabins was Taft To He
siafes The situations IN which the d,rent
petSeFsiuthe suIe ~ ieI Royal H:ghn ,ss siert
or The passage out; be knows wheTs every
one OF them slept on that voyage.
Now cay read his evidence through aad
ASK, how is il possible that this man could
give such direct evidence on this supIect ou
the outward voyage, aud YET know nothing, or
nearly nothing of the arrangements mads for
the voyage home Looking al this ard rem m
bs'ins new tue fact has bren proved by other
witnesses, can any inference be drawn bur
ore--nameiy, that The parties did sleep nuilsr
the sainf teal or awning toSetLer.-Iu the
eviheuce OF HOwnam, | remark the same
backwardness to speak op this subject. How
often was he asked where the parties repused
before he admitted that the Queen and Ber-
gaml siepf under the same tent 1t there had
existed any necessity for this, TO account for
IL IN a manner cTadita5le to the accused would
not these GeutleneD. cognisant ~ they were
OF ihe evidence which had been given ou this
subject, have stated il 10 the house 7 II il
were necessity that dictated such an arraDgr-
mont. aud that necessity were known. how
came those witnesses to have snch difficulty in
communicating all they knew on this subject
TO the House 1t has been positively sworn
that her H. III. and Betgami had been seen
seated On gnu and on bench on the deck of
the polacTe, with their arms round each other
and kissing. aud this has not bern contradict
Ell. Permit me to say, that unless | have
greatly misunderstood the divorce cases that
have come before me (but few such cases have
been before me in the lower CoHTts though
more than cOnid have wished the adultery
has always been inferred when there has been
proof that the parties have slept together in
The same place for five or six weeks The
whole Of the circumstances are TO be taken
ihlo confederation The proofs of what, in
the language 0' the law is called The fpmpus
and the locum. are Ia be KEEP, in view. il being
always remembered that HE question is not
whether The parties have been seen in TN, ACT
OF adultery, but whether under all Tie circum.
stances. the inference does not necessarily
arise. that an adulferous INTERIORS;. Inust
have taken place. If Won look al the evidence.
you will iipd 1t stated that the tent was low.
cred by day, while her Royal Hishnvss aud
BerGam ware under a.. GdrginlO was asked
by whose directions this was done, aud his
answer. Your L0rdships will rememser WAS
that the tent had been lowered by directions
from Schiavini Now, 1 beg to ask. IL tie
evidence OF Gatginlo aud Paiurzo ought oil
60 he thrown away in consequence OF the bar
gain made TO remuneraie them for coming
here, when il is clear that they conld hJve