Obrazy na stronie
PDF
ePub

versation you have mentioned at the time it took place?- None whatever.

You have now spoken then to what you recollect of a conversation that took place five years ago?-I have a perfect recollection of that conversation.

a guard-ship at Portsmouth ?-I have I have the command of the Britannia. Had you that command at the time his majesty was at Portsmouth ?-Yes. Did you dine with his majesty in company with other officers of the fleet who paid their repects to his majesty? When did you first mention it ?-I-Yes the officers of the navy at Portsbelieve I have mentioned it several times.

But do you recollect any one particular time?-I remember that it was brought particularly to my recollection by a letter which I received, inquiring if I recollected such a conversation.

At what time did you receive that letter-since these proceedings commenced?-Since the house met the first time.

You say the conversation was brought to your recollection by that letter?It was never absent from my recollection, and when I was written to to know if such a conversation had taken place, I answered, to say that it had, and that it was true.

It was never a moment from your recollection?-I always remembered it

well.

Now, captain Briggs, as this conversation was always more or less in your recollection, will you mention one of the occasions on which you spoke of it?

I have mentioned it on several occasions that I could name; I once mentioned it to Sir G. Cockburn.

O! you mentioned it to Sir G. Cockburn; you mean one of the lords of the Admiralty?—Yes.

About when?-This was some time ago.

How long?-Many months ago. Some four or five. I mentioned it to him long before I knew that I should have to mention it here.

Had Sir G. Cockburn questioned yon on this subject? No.

How did you begin the conversation --what led to it?-I forgot what led to the conversation, but I remember the fact of my mentioning it to him.

You say this was four or five months ago? Yes.

You have had the honour of dining with the king; lately have you not? I have; at Portsmouth.

Since you were last examined in this house?—Yes; since I was last examined in this house.

Re-examined by the ATTORNEYGENERAL.

I believe you have the commar d of

mouth one of the captains, every one without exception.

The ATTORNEY-GENERAL.-My lords, as the case now stands, I will not trouble your lordships with any more witnesses.

Mr. BROUGHAM.-My lords, to save your lordships time and trouble, my friend, Mr. Denman, tells me he is ready to go on.

SUMMING UP OF THE QUEEN'S CASE.

Mr. DENMAN then proceeded to address their lordships. Under any circumstances in which it was possible for any advocate to be called on to discharge the solemny duty then imposed upon him, he was sure that it would be unnecessary to request the merciful indulgence of their lordships to the individual who had to address them; and perhaps there was something in the peculiar circumstances under which he himself came forward which made it more fitting and necessary that he should receive an ampler portion of ihat indulgence, of which he was fully sensible that he stood so much in need. For, certainly, after the application which had been yesterday made, and the wish which had been yesterday expressed by the Attorney-General that all the evidence which he had to offer in contradiction to that offered on behalf of the queen should be postponed until their lordships had decided whether the evidence of colonel Brown should be received or not, it was only natural to expect that, besides the solitary witness whom he had called to a single point of evidence, there might have been a conisderable mass of contradictory testimony to consider, especialy as the whole of his (the Attorney-Geueral's) cross-examination of the witnesses for the defence was such as led plainly to the inference that it was intended to go at length into evidence in reply, and was, therefore, such as kept his (Mr. Denman's) attention continually suspended, and diverted his mind from that connection with the case made upon the other side, which it was

[graphic][ocr errors][merged small][merged small][merged small][ocr errors][merged small]
[blocks in formation]

necessary for him to preserve, in the say, that if any thing which dropped contemplation of being required to from him at that time could be clothed proceed immediately with his summing with such a supposition, and could warup. He did not intend to make any rant such an assumption, he unequivocomplaint of that circumstance; be- cally retracted it before the assembly ni cause, during the time that had elapsed the face of which it was made, and was in proof of the accusations against her sorry that any language of his should majesty, and likewise of the defence, have led to such a mistake (hear, hear.) he should have been deficient in his He had no intention of giving uneasiduty as the queen's counsel, if he had ness in any quarter; but he must say not paid the closest attention to the that he had felt it deeply, and often, in whole of the evidenee. He should, the course of this proceeding. It was now without further preface, proceed to therefore impossible for a man not to make his remarks upon the whole of ask indulgence for any warmth into that evidence-evidence which, he said which he might have been betrayed; it boldly, had satisfied his mind, had because the illustrious individual who satisfied the minds of the learned was their client, had been, from the friends with whom he acted, had safirst moment in which she had set her tisfied the minds of all the people of foot in this country, the victim of the England, and those too of all the civi- most cruel oppression, and the most lized nations in the world, who were dreadful and irreparable wrong. That looking with a deep interest on these galling recollection bad attended them momentous proceedings, that illus- through the whole of these proceedings; trious client had established such a it must be their excuse for any undue defence, as made it imperative on their warmth with which they might have lordships to give her a most complete expressed themselves; and having said acquittal of all the charges which had that, he should proceed, without any heen peen preferred against her. He further apology to the case itself. But, wished to proceed to that examination whilst he disclaimed all personal impuwith all that calmness and deliberation, tation on his learned friend, he claimed and absence from all persoual feeling the right of animadverting with great and violence, which were so necessary freedom on his conduct as an advocate,, to be observed in order to obtain a inasmuch as from the conduct of an complete investigation of the truth. advocate not only the impressions of But it was not to be expected that, in his mind might be collected, but also the many interlocutory contests and much of the nature of the instructions debates which had arisen in the under which he acted, and of the spirit course of these proceedings, there in which the prosecution had been might not have been exhibited at one commenced and conducted to its close. and a temper for which an apo- To have to conduct a case in such a logy was requisite-but it was no other spirit he conceived to be a misfortune, than the enormous magnitude of the for which no rewards, no honors, could case, and its tremendous consequences afford an equivalent-a misfortune to his illustrious client and the country, which had weighed down his learned and the deep anxiety with which friend throughout the whole of these an advocate must be overwhelmed proceedings-a misfortune to which, he in coming to the consideration of it. declared before God, that nothing withThey had been charged with making in the scope of human ambition could use of invective, declamation, and vio- | have tempted him (Mr. Denman) to lence, for the purpose of producing an have submitted for a single moment effect, not in, but out of doers; nay, he meant the office of prosecuting this he begged leave to state, that his bill of pains and penalties to divorce learned friend had seemed to think and degrade the wife of the King of that on some occasions they had borne England. In order to see the nature personall too hard upon him; but he of the proof brought forward in support must disclaim all intention of bearing of that bill, their lordships must look hard upon him, or of casting any im- to the charges contained in the preamputation upon his honor and character; ble; and, in order that they might and, therefore, if from what fell from fully understand them, he must refer him yesterday, he (the Attorney-Gene them to the manner in which the inral) supposed that he (Mr. Deuman) dictment against his llustrious client questioned his veracity, he begged to was drawn up. It stated, that her ma

jesty, "while at Milan in Italy, had;
engaged in her service an individual in
a menial capacity; and that, while in
that situation, a most unbecoming and
degrading intimacy soon commenced
between her royal highness and that in-
dividual; that he was advanced to a
high situation in her royal highness's
household, and that he was received by
her royal highness with great and extra-
ordinary marks of favor and distinction;
and that she, unmindful of her exalted
rank and tation, and wholly regardless
of her own honor and character, had
conducted herself towards him, both in
public and private, in the various places
and countries which she visited, with
indecent and offensive familiarity and
fredom; and carried on a licentious,
disgraceful, and adulterous intercourse
with the said Bergami, by which con-
duct great scandal and dishonor had
been brought upon his majesty and this
Tingdom." He was aware that their
lordships were now upon the second
reading of the bill, and that, in addr. ss-
ing them he had only one simple ques-
tion to discuss-namely, whether the
allegations in the preamble were at
all made out by the evidence adduced
in support of them. It had been stated
(and the whole preamble went to charge
it),nay,
it had indeed been proved, that
Bergami had entered in a menial capa-
city the service of her royal highness,
and that he had been afterwards pro-
moted; that several of his relations had
been taken into her service; and that
he had received several marks of favor
both himself and his family. But when
the next clause in the preamble came
under consideration, that clause which
stated that Bergami had received titles
and orders of knighthood through the
influence of her majesty, he thought
that it was only fitting that some evi-
dence had been given that they were
really obtained by that power and that
influence. All that their lordships had
heard was, that at one period he was
without titles, and that at another he
possessed them. There had not been
a tittle of evidence produced to shew
how he had obtained them, or that her
royal highness had been instrumental
in procuring them for him, except in-
deed such evidence were to be found
in the circumstance of her royal high-
ness having conferred on him an order
of knighthood which she was said to
have instituted without any legal right
or authority so to do: but before that

clause of the preamble which charged this occurrence could be considered as a crime against her majesty, they ought to ave heard something to prove that none but royal personages had a right to institute orders of knighthood. In the course of his historical inquiries be had never met with any thing which led him to believe that this was the right of royalty alone; on the contrary, he had found that it had been exe:ted by many individuals of inferior rank. In France several orders had been established by persons in a capacity infinitely more humble; and also in Italy by three merchants, brothers, he believed, though he did not

at that moment recollect their name

all which went to prove that there were procedents for the establishment of orders of knighthood 1 y private individuals. He treated this part of the accusation with seriousness, because it was so treated in the preamble of the bill, and because it was there charged against her royal highness as an infrin ement of royal au hori y. When this was the first instance within six centuries of an European princess visiting the Holy Sepulchre, there could surely be no crime if she, delighted with the adventure, and struck with the novelty of all around her, did that

which the dukes of Orleans and Bourbon had done before her-institute an

order of kighthood to reward those who accompanied her. He could hardly suppose that this could be viher royal highness, though it was the sited with any peculiar severity against charge against her which had been best proved. Bacou had said that, "princes had mauy times made to themselves desires, and sate their ing, sometimes upon erecting of an hearts on toys-sometimes upon a buildorder." The illustrions lady, his elient, was proved to have crected an additional wing to the Villa d'Este, which he understood to be in the best taste, and to do no discredit to her royal highness's judgment, however it might differ from some of those buildings which had been recently erected in this country. And as to the order which she had established, it was merely inserted to swell out the preamble, and ought not, therefore, to attract any more of their lordship's notice. When he came to the next clause in the preamble, he came to that clause which charged her majesty with indecent conduct and adulterous

« PoprzedniaDalej »