Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-11-10

''o snom'1 oe vio'ateu, which declares. every
one shall be considered innocent, unt,i prored
gu'ity-My Lords, INV Lords il Won would pre.
serve the face of inpartality If Won woult,
ina'ntaih the symbol OF Justice. il yom do not
upon YOU immediately TO dismiss the case for
the reasons which have already assigned. add
subject.
ing I'm state of exhaustion, requested peruts-
SION OF their Lordslrps 10 retire Tor a few
m'nutes, which was Immediately granted
sixteen minutes to two O'Clock. Mr..
broustam, accompanied hy the rest of her
Majesty counsel, took their places AT the bar.
MI. brougham, after apoogi.iay for the
delay WHICH ~, ne had caused. proceeded in br
draw your Lordsiips' attention is. the eyi-
"eace laid before YOU in the contse of these
proceedings. i intend now. my Lords. TO al
s sade more particularly TO the evidence of the
nrsi witness, who will he long recVLecle4 bath
In this country and abroad. The favouriie
expression of that witness will be h. ndrd down
10 Posterity mucb in tire same manner in
winch The sayibgs and short adayes of the an
cieDt sages have reached our DAYS : those sa-
ges whose names indeed are lost, bnt whose
memories still exist, from the celebrity of
,neir sentences. The witness to whom aIlude
has distinguished himself by peculiar sort of
expression; an expression which appeared
TO comprise the practical result of an the
experience and wisdom ofihe art which he
appears to have been studying As lauy and
so often as those words, - do not remembsr."
shall be Known and repeated in the EnslisI,
language, SO long aud so often will the image
Of MaJocchi forthwith arise before The inn
Eination without even the uamc Of that jpdi.
visual being pronounced. This person INV
I.ords,s witness of importance he was the
hrst person called he WAS the last witness
examined. His evidence goes nearly the.
whole length Of the case lie deposes TO All
the facts he. in fact, deposes 10 every thing
or nearly every thing, said tn have takea Mace
ur TO the period of his Dismissal, or rather his
fTn rrlc - h..
ness. After which retiring, however, he was
refused TO be taken back This took place
about the period when this charge WAS first
got up, MaJocchi aud Demont were separate
aud apart from the other witnesses ~ Ibis
they resembled each other, as they both went
through the whole statement; they were in
fact the witnesses for the Bill. The others
were merely cODiirmatory evidence. These
two are at least willing witnesses partly from
gratitude for favuurs received, partly in ex-
pectation Tor favours TO come, they w0uldeA.
err themselves zealously for their employers.
TINS Is my view OF the real Importance oS
these witnesses. l must low entreat wong
Lordships' attention, while enter "A lit,js
more INTO the detail of the evidence Itself
lhaye often heard il said, that the great pre-
vai,ing feature in Msjocchis evidence si.ni..
ned little, because every msu was liable to err.
Mems memories NAV differ as we'll AS their
honesiies. This l do not deny. But I hank
shall shew yonr Lordships, that this man.
possesses memory that is totally inconsist.
eht with honesty OF any description that can
enter into my Imagination. But why should
talk ct nasinstion | have oHIy 20 refer 10
the evidence OF Majocchi himself, 10 show
that there never was more palpable periury
and false swearing, than is eyiuced Ia his mem.
orabie answer OF don't remember" shall
not now detain your Lordsbps by pointing
ont cases where such an answer would be not
only Innocent but meritorions-casesin which
such an answer wosid not only not impeac;l
but support the testimony of witness; nai.
Tier shall iddnce any cases in which The re.
verse would be the iact-where such an an.
swer would be destructive TO and a demoli-
lion OF witness testimony. shall conier:
myself with taking the case of MajOccbi's au.
swers as they stand before me. At once thru
TO give your L0rd,hips proof positive of Ma.
jocchIS perJuIy-fo show you his mode ct for
getting when il suited his convenience | come
at ouce 10 the manner of his swearing TO the
position of BergaIRis bed room with respect 10
that of the Piipcess. Tbis was great object
II was evident that from the Opening of NV
Learned Friend. the Attorney General that he
wished to establish the cOntisuity of those
Two bed rooms, aud that a communication
existed between them. From the nature of
the evidence given, as we'll from circun.
stances which took place before the trial it
was evident thai NdJ0cchi was concerned in
the concoctOn OF this plan. He came for
ward prepared TO prove the relative situation
OF these bed rooms, as he knew that thereon
would rest the foundation Of the charge of
adniterous intercourse. For this purpose,
too, he was ready to prove, that the apart
ments OF tue rest OF her Majesty's suite we're
witness called, The witness who was To- 20
over the whole charge, was better prepared:
his statement was 10 have more the appear
ance OF truth. more length OF detail, more ac-
cuTacy; and lie was also prepared against
any attempt at detection, by conveniently tor,
getting what he did not wish to sckuosledse.
When this witness was asked Where aid
tue Princes sleep" Tie ready answer was,
- sear Tie bed room OF Bergam" Were Tie
apartments near or remote from each niIlert
THIS was so good point, 80 desirable hing
To be proved, that the question was repeated.
w put aud Away with The same success
Not so,however, when examined the wiiness,
To my Learned Friend (he Attorney Gener.
a) tie was ready 10 say, 1.-The rooms OF tha
Queau aud Bergami were near each other:
'ometimesthe doors were here sometimes there;
there Was at one time wall and at another
time corridor, between the apartnciIS" II
this was eSactN aud minutely remembered
aud related. The Attorney General had az
tached more Importance TO the proximity Of
The chambers OF Naples than elsewhete.
When The witues5 was asked were the clIaal-
berS Of the Queen aud Bergami u, ar or apart
from tue other rooms al Naples, the answer
was translated, apart" Ii will however be
recOllected that the answer OF the witness was
=" IORtaHi," which means distant" This re-
marked at The time. The witness on thi. oc.
caSioO meant that the apartments were dis.
tant, or he meant Dolhiug.-Here waSa dis
tiDct and positive swearing TO the recollection
of a particular fact There is All end THEN to
this innocent f0Tgetiulnes, of which we have
heard so much. When asked this witness q
question relative 10 the situation OF The other
rooms, he said he did not know ; he did not rev
collect though he must nave known, lie nusk
have TecOleCted the circumstance at the time
as 10 his examination in chief he said they
we're distant aud apart. The witness then
mast have peTjnred himself in one case or the
other care Bot which. Ii was as palpabie
and open perjury as II = man ware to swear
to-day that he saw a particular person at par
ucnlar time aud place, and to swear to Wors
flauNh o Ia