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Mr. BROUGHAM, in resisting the application, said, that the only analogy to guide the House was to be found in the proceedings of the courts below: there, such a motion as that the remainder of a trial should be postponed when it had been half gone through, because a material witness was absent, had never yet been heard of.

Mr. DENMAN followed on the same side.

The ATTORNEY-GENERAL replied.

Lord ERSKINE said the delay required was monstrously repugnant to every principle of justice, and that it was merely an attempt to make a new case, at least it was to add to it; and who ever heard that under any circumstances, after a cause was once begun, such a delay was granted? Even an earthquake should not induce him to yield to such an interruption of the fair principles of justice.-(Cries of Adjourn, adjourn!)

The LORD CHANCELLOR then put two questions to the counsel, one to the Attorney-General, and the other to Mr. Brougham.

The first to the Attorney-General was, "Upon what evidence or documents do you make this application?"

The ATTORNEY and SOLICITOR-GENERAL replied, that they had a letter, to which was annexed an affidavit, which letter, &c. had arrived from Lugano, and which stated the reasons why the witnesses had been detained in Italy. Both counsel strongly contended that such evidence would, in a court below, be quite sufficient to put off a trial: if it was said that affidavits could not be produced in that House as evidence, they replied in answer to that, that a person could be produced at the bar of the House, who would swear to his belief of the facts, and that was all that was required in the Courts below.

THURSDAY, September 7th.

At a quarter past ten counsel were called in.

The ATTORNEY-GENERAL.~ My lords, I think it right to inform your lordships, that I have, within the last half hour, received dispatches from Milan; in consequence of which a longer delay than I asked for yesterday must take place before the wit nesses can arrive in this country. Under these circumstances, I beg leave to withdraw the application which I made yesterday.

The LORD CHANCELLOR.--Before I put the question to your lordships whether it is your lordships' pleasure that the application be withdrawn," I beg leave to say, that the Attorney-General having, in opening his case, adverted to certain circumstances, would not have discharged his duty to this House if he did not submit to your lordships the application which he had made yesterday.

The application was then withdrawn. Mr. BROUGHAM.-Considering my learned friend to say that this is his case, and that he will not call any moré witnesses unless something which may arise in the cross-examination should induce him to do so, I now beg leave to call Theodore Majochi, for the purpose of putting one or two questions to him.

THEODORE MAJOCHI.

THEODORE MAJOCHI was put to the bar and examined by Mr. BROUGHAM: his answers were to the following effect.-I know a person of the name of Cavazzi, in Londonhe said he was a relation of persons of that name in Milan. I knew him only for a few days. I did not dine with him last winter for eight or ten days together. I dined with him twice. I shewed him a letter that came from my wife at Milan, I shewed him a de

The question put to Mr. Brougham was the following:-"If the Attorney-spatch which I was to carry abroad to General will now state that his case is closed, will you wave your right of cross-examination of the witnesses at a future period."

Lord Stewart. I shewed him also a number of Napoleons. They were to pay the expenses of my journey. I believe there were eighty. I will not Mr. BROUGHAM replied, that un- swear I did not shew him 150. I der these circumstances, if one of the counted eighty. I cannot swear that witnesses was called back, and asked I had been given more than I asked two or three questions, he should have for my expenses. I do not know a no objection to wave his right of cross-person of the name of Bizzette, in

examination. -Adjourned.

Liquorpond-street. I do not remember Liquorpond-street. I came here

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I can only write my name, and hardly that.

Earl GREY begged the House to refer to page 141 of the minutes, and then desired the Interpreter to read from that page the following questions and answers:

"How long were you in England at that period when you lived with Mr. Hyatt at Glocester? This I cannot remember, because I have not the book in which I have marked the time.

"About how long were yon in Mr. Hyatt's service?-This is the same answer-because I baye not the book in which I put down how long I was there."

Earl GREY then desired the witness to be asked if he adhered to these

answers.

tion, he said he had no book of any sert whatever, for he could neither read nor write.

in a sack, and I went away in a trunk. I don't know English. I remember an Italian who served me as a guide about. London. I never asked his Banie. I was told that he was a cabinet-maker. We spoke about the King's funeral. I remember we came to some street in which there was a house at which I had to deliver a letter. His servant told me he was not at home because he had gone to see the funeral of the King. On that or some other day I went to find a person in another house, whether it was large or small I cannot say. On the first day of my arrival in England, I went to a house that I was told was the Court of the King, for I had three or four letters. I met there Mr. Powell. I made an appointment to meet him at his chamber at six o'clock in the even- After considerable difficulty in making. I went several times to this greating the witness understand the ques house afterwards. It was said to be the palace of the King. I do not remember that I had any conversation with Mr. Powell respecting my expenses. He did not say to me money was no object, and that I might have more if I wanted it. Mr. Powell never keld such language to me in the presence of any Laquais de Place. I remember dining at the tavern with Cavazzi. I do not know the name of it; I should know the landlord if I saw him. (Mr. Long, the landlord, was called in.) Yes, I know him. I employed him to write a letter for me to Mr. Blackwell, and another to Mr. Hyatt. I told him to write to the following effect to Mr. Blackwell. "I have not found your brother at home, but I have left your letter in the hands of his wife-they are all well, and I beg you to make my compliments to the family and towards every body in it." Iadded, that I had got a situation to set out for Vienna. I desired Mr. Long to write also as a matter of compliment, that after I left them I could not eat, nor drink, nor sleep. (Laughter.) I wanted to marry Mrs. Blackwell, Mrs. Hughes, and every body in the house. (Loud laughter.) I was never in Paris.

The ATTORNEY-GENERAL. — Am I to understand that the Queen's Attorney-General does not contemplate any further cross-examination at any time?

Mr. BROUGHAM.-At no time.

SUMMING UP OF EVIDENCE,

The SOLICITOR GENERAL then rose to sum up the evidence to the House. He commenced by stating, that his learned friend (Mr. Brougham) having closed the long and elaborate cross-examination of Theodore Majochi, and as the whole of the evidence in support of the bill was now before their lordships, the duty devolved upon him of summing up to their lordships the leading points of that evidence, in support of the allegations contained in the preamble of the bill of pains and penalties against her Majesty the Queen. He trusted that, before be entered upon this summing up, their lordships would allow him a few mo ments to justify himself, and his learned friends who acted with him, as to the course pursued by them, and the principles by which they were actuated,

In re-examination by the ATTORNEY-GENERAL, witness said he had received the Napoleons, to which al-in conducting this most painful and lusion had been made, to pay the expenses of his journey. He afterwards gave an account of his expenditure.

Earl GREY.-Are we to understand that you can ueither read nor write?

anxious inquiry. The moment the Attorney-General had received his instructions to support this bill, he, together with his learned friends whe were appointed to assist him, directed

was, that he should sum up the evidence with truth and accuracy, and then point out how it applied to the charges upon which the bill was founded. If it were not expected of him to incur any charge of this mis-statement. still less, he hoped, was it expected of him to use the slightest expression derogatory from the station and dignity of her Majesty the Queen. No such expressions should escape his lips. The Queen was here on trial before their lordships: one side-and that the case against her-had only been heard. He, therefore, was bound in strict law, and so were their lordships, to consider her Majesty innocent of those foul charges ascribed to her until they heard her defence. None could pronounce her guilty until their lordships'

their most minute and anxious attention to collect all the evidence that it would be their duty to adduce before their lordships upon such an occasion. They lost not a moment in weighing well and considering all the materials, and every other evidence which could bear upon this great question. They collected together and digested every thing which they thought material to this paramount inquiry, without regard to either the influence or the impression which any parts of that evidence were calculated to create when it came before their lordships. In so doing they felt that they were per forming their duty fully, fairly, and candidly to their lordships. Now that the evidence had been gone through, they trusted that their lordships thought they had fully discharged the duty im-verdict decided and justified that iposed upon them. They felt that in the progress of this cause they were not to make themselves a party to the inquiry; but to pursue It according to their lordships' instructions, fairly, candidly, and honestly. Having said thus much in behalf of himself and his learned colleagues, the duty now devolved upon him of pointing their lordships' attention to the leading facts, as disclosed in the evidence before them. The difficulty which he had to encounter, in performing this duty, was, as their lordships must be aware, greatly augmented by the circumstance, that as the learned counsel for the Queen had yet to make their answer to the case, he was left without any knowledge of any of the arguments with which they meant to combat the provisions of the bill, or of any of the facts upon which the defence of her Majesty the Queen mainly rested. All that hevaut, a man named Bartholomew Bercould therefore do, in the performance of his present duty, was to enforce apon their lordship's attention the manner in which the case at present stood, and how the evidence adduced made out and supported the allegations in the preamble of the bill. He trusted that, upon reference to that evidence, which he would not now give their lordships the trouble of reading, they would find the preamble mainly sustained. Before he impressed the leading facts upon their lordships' memory, he begged to state that he should carefully abstain from either mis-statement or exaggeration. His duty was not to impose or to influence by any distorted statement: allthat was required of him

putation. He and his learned friends had been charged with scattering calumnies abroad, and throwing dirt against the character of the Queen. But, though this charge had been insidiously disseminated, he, and those with him, felt guiltless of the imputation. They had, throughout, stated nothing which they had reason to be-lieve would not be satisfactorily proved. If calumnies had been uttered, they belonged to another quarter; that quarter alone ought to be called upon to account for them. Before he went further, he would beg leave to call their lordships' attention to the naturevof the charge set forth in the preamble of the Bill of Pains and Penalties against her Majesty the Queen. That preamble began by stating, that her Majesty in the year 1814 had, in Milan, engaged in the capacity of a menial ser

gami; that she had immediately after that time, committed disgraceful and unbecoming familiarities with that person; that she had raised him in her household, and loaded him with hanours; that she had placed several members of his family in various situations of honor and rank about her person; and that she had afterwards carried on, for a considerable period, an adulterous intercourse with him. That was the head of the charges against the Queen, as contained in the preamble of the Bill; and it was his duty to ask their lordships if that charge had not been substantially made out in evi dence. He must now beg leave to carry back their lordships' attention

in point of time to what was done by admitted into her room that night her Majesty when she first set out from The manner and conduct of the Queen Milan to Naples. He thought it right, upon that occasion attracted the notice for the sake of perspicuity, to take up of the servant, who, excited by what the subject at the time he had just she had noticed on the preceding night, mentioned, and then pursue it from examined the state of the beds on the that period up to the latest time that following morning. And what was the the Queen's conduct had been men- result of that examination? She had tioned in evidence. It appeared, from stated that the small travelling bed had the evidence before their lordships, not been slept upon at all on that night, that her Majesty took Bergami into but that the larger bed had the imher service as a courier, at Milan, in pression of being slept in by two perthe year 1814; he had previously lived sons; and she further said, in answer in a menial situation with General to a question from one of their lordPino, his wages then being three livres ships, which could not be evaded, that a day. It was also stated by the wit- she had also observed in the bed two ness, that for the first fortnight after marks of a description which but too the Queen took Bergami into her ser- clearly indicated what had passed there vice he waited behind her Majesty's in the course of the night. He had intable. At that time a youth, of whom deed heard that nene of the witnesses their lordships had heard, named Wil- had deposed before their lordships to liam Austin, was in the constant habit the actual fact of adultery; but to such of sleeping in her Majesty's apartment; an assertion he would reply, that if those but the Queen gave directions when facts were true, no person of rational she set out from Milan, that another mind could doubt that on that night the bed-room should in future be provided adulterous intercourse was commenced for him, as he was advancing to a pe- which formed the subject of the preriod in life when it would be unfit for sent unhappy investigation. Upon the him to sleep any longer in the chamber sort of proof required in cases of adul she occupied. A separate apartment tery, he should merely observe, that he was accordingly provided for Austin did not recollect a single instance, in on the arrival of the Queen at Naples. cases of adultery, where the actual fact When her Majesty arrived there, she was fully proved in evidence. The slept at a country house. On the night crime was always to be inferred from after her arrival at Naples the Queen accompanying circumstances, which went to the opera. It was here most left no doubt of the fact upon the mind material for their lordships to attend of a rational and intelligent man. throughout to all the relative situations this point of proof he would beg leave of the Queen's bed-room and Bergami's, to quote the opinion of one of the most who was then her courier. At Naples, enlightened judges that ever sat in this the communication between them was country. He had received this opiof this kind. There was a private pas- nion from one of his learned friends, sage, which terminated at one side in who had taken notes of it at the time it a cabinet, that led to Bergami's sleep- was pronounced by the learned judge. ing-room; while on the other side of It was in the case of Lovcden v. Love, the same passage was the bed-room of den, before Sir William Scott, in the the Queen; so that the occupant of Consistory Court, in the year 1809. either one or the other room could tra- The learned judge then stated, that verse this passage without interrup- there was no necessity in a case of that tion, for the passage had no communi- nature to prove the actual fact of the cation with any other apartments than adultery, for that could not be proved the two he had mentioned. The wit-in ninety-nine cases out of a hundred, ness, their lordships would recollect, had stated, that on the evening upon which her Majesty went to the opera at Naples, she returned home at a very early hour, and went from her apartment into the cabinet contiguous to Bergami's. That she soon returned to her own room, where her female attendant was in waiting, and gave strict ●rders that young Austin should not be

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where there was still no doubt of its having taking place. The uniform rule was, that where facts were proved which directly led to the conclusion that the act of adultery had been com mitted, such proof must be taken as sufficient. Now let the house for a moment look at the case in this light:

Suppose an adulterous intercourse really to have cxisted, how would that

intercourse have manifested itself? most diligently to the first cross-examiHow but from the habitual conduct of nation; he had since read the evidence the parties? To screen such an inti- as it appeared upon the minutes; and macy from the eyes of attendants was he did declare that, as it appeared to impossible; and let their lordships di-him, during a cross-examination of rect their attention to the scenes which seven hours, extending over a period had been constantly occurring-to the of three years, and going through a vascenes which in continued detail, had riety of complicated facts, in no one been described by the witnesses. instance had that witness been betrayed Their lordships would remember the into inconsistency. Certainly the witball which took place at the house up-ness had repeatedly used the phrase on the sea-shore while the Princess was (perhaps of equivocal import,) "I do at Naples. To that ball her Royal not remember;" and the changes which Highness went, accompanied only (for had been rang upon that circumstance the purpose of dressing and prepara- might produce an impression upon low tion) by the waiting-maid Dumont, and minds, although it could produce none by Bergami; two apartments, a dress-upon the minds of their lordships. But ing-room, and an auti room being al it was impossible not to perceive the lotted to her use. For her first cha- | artifice--the let us have a few more racter, that of a Neapolitan peasant, “non mi ricordos ;" and it was equally the Princess was dressed by the wait- impossible uot to perceive that to the ing-mid; she went into the ball-room, questions proposed the witness conld stayed a short time, returned for the return no other answer. The learned purpose of changing her dress, and did counsel then recapitulated the evidence change if entirely; the chamber-maid of Gaetano Paturzo, which, he conall the while being left in the anti-tended was calculated to make a deep room, and the conrier being in her and lasting impression. Before he dressing-room during the operation. quitted Naples he begged to allude to Now the house could not but have what had taken place at the Theatre of noticed the style of Mr. Williams's Saint Carlos. The wife of the heir apCross-examination as to that transac-parent of the throne of Great Britain, tion. The witness had merely been at that time holding the supreme goasked whether there were not persons vernment of the country, having about of rank and consideration in the ball-her a suite of ladies and gentlemen, was room below. But it had been said desirous of going in private. Surely that, even admitting all these facts, she might have selected some respectathey did not amount to evidence of ble person of her suite, some respectaadaftery. Could any man look at a ble inhabitant of Naples, some proper Princess, locked up in her bed-room and decent companion, without matefor nearly an hour, and changing her rially infringing upon the privacy of dress with the assistance of her courier, the transaction; but she chose her and entertain any doubt upon the sub-chambermaid and her courier. It was ject? The thing did not stop there; a rainy night; dark, gloomy, and temthere was another change of dress; her pestuous; a hired carriage was drawn Royal Highness assumed the character up at a private door at the bottom of of a Turkish lady; and in that charac- the garden; they traversed the terter, for the second time, went down race, the garden; got into the hired stairs arm in arm with this courier, this carriage at the private door, proceeded common footman, this man accustomed to the theatre, and there met with such to wait behind her chair; and what a reception as obliged them to retreat happened then? Why, almost instantly, and return home. To what conclusion the courier returned. (The Solicitor- did this occurrence lead the mind of General then repeated the other heads every man acquainted with such transof Majochi's testimony.) All this, how-actions. He next adverted to the ocever, rested upon the testimony of Ma-currences at Genoa, where the chamjochi, who was, of course, a witness unworthy of belief. That witness had been cross-examined once, twice, and becanse Carlton-house had somehow been introduced, he had just now been cross-examined for the third time: he (the Solicitor-General) had attended

ber of Bergami was again immediately contiguous to that of the Princess, and where numerous instances occurred, clearly demonstrating the familiarity which subsisted between them. There too she became surrounded with the family of her favourite, and received

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