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tion of sole lady of honor, was most, the grossest prevarication; and unless powerful evidence of guilt. Secrets the evidence of Mr. Hownam was conbetween young gentlemen and young firmed, he could not credit a word of it. ladies often led to danger; but here was Indeed, their lordships were to make a a secret confined to the breasts of a choice between Flynn and Hownam upon princess and her servant. He hoped be several points, for they were in many inwas not exaggerating; but really this stan es quite opposed to each other. His fact struck him as very strong. What lordship next adverted to the necessity a secret between a princess and a per- that a person should sleep near her ma son who had entered her service but five jesty on board the polacca, and commonths before for a job!! The noble mented with great severity upon the lord then proceeded to comment upon evidence of Mr. Hownam as to that subthe evidence of Mr. Hownam, who, heject. That witness had, he said, admitted, said, had dexterously avoided the ac- in one place, that no danger existed; knowledgment that any entertainment had and in another, that it had-in one place taken place on St. Bartholomew's Day he said the crew were to be suspected, on board. In that evidence the grossest and in another that they were prevarication had been made. As to the Now if there was no mystery in the tent theatre, Hownam's recollection had been in which her majesty lay, there never guilty of treachery. He had not recol- had appeared before the public two lected whether her royal highness played more perjured, witnesses than Hownam columbine, but he remembered that she and Flynn. The noble lord then aniplayed an automaton, a thing that could madverted on the testimony of lieutenants be wound up to any thing; and she was Hownam and Flynn, whom he desiguated sold as a machine! One of her visitors as two precious witnesses, and who conhad taken notice of his figure, but for- tradicted each other. The evidence for got every other circumstance attending the defence had been incomplete so far him. It was yet to be learned how the as related to the polacca and yet Oldi, circumstance of appearing with a sword Bron, Hieronymus, Austin, Schiavini, drawn when there was a fear of robbers, and Camera, had not been called. The could have entitled Bergami to such dis- fact was, that lieutenant Hownam's evitinction. Then there was the change dence in favor of the intercourse on in the apartments on board the Leviathan. board the polacca was supported by five It would be recollected that lady C. other witnesses. There had been little, Lindsay said, that in the Clorinde her very little done, to impeach the evidence royal highness's female attendants slept of Majochi and De Mont, much as he near her; but, on board the Leviathan, had been abused. Majochi's evidence the most suspicious arrangements had was more connected than that of many taken place, and captain Pechell refused of the witnesses, but he had said to sit at the table, in consequence of the mi ricordo,' and this had been made the fact that this courier, who had waited at ground of a very unjustifiable attack. table on a former occasion, had been dig. But, in a manner to impress the public nified to a seat at it. Capt. Pechell had mind, it was stated that he had been acted by this refusal in a manner highly contradicted by a Mr. Hyatt, a Mrs. creditable to himself (hear, hear). Why, Hughes, a Mr. Hughes, a banker's clerk, nothing would then gratify the liberal and by a Mr. Godfrey, with whom he feeling of her royal highness, but the had travelled in a stage coach; and yet keeping a separate table for the enter not one of these persons had been tainment of this higlby-favored man. The called, which would have been the noble lord then called their lordships' case if they could have contradicted attention to the evidence of lieutenant Majochi. Carring on had been called Flynn and Mr. Hownam, which proved to contradict Majochi; but Carring how far those volunteer witnesses ex- ton's assertion as to his being a midposed themselves, and to what credit shipman, was contradicted by Sir John they were entitled. He read that part of Beresford, and Carrington was not a Mr. Hownam's evidence which stated witness entitled to any credit. The that the witness had not observed whe- noble lord next adverted to the balls ther, on St. Bartholomew's day, Ber- at the Barona and at Naples, and on gami and the queen had walked arm in the elevation of Bergami, whom Sir arm on the deck-that they walked as William Gell considered as a gentleusual-that they might have walked arm man, and so polite that he would light in arm, &c. This the noble lord called him down stairs with two candles. The

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he doubted not that the House of Commous would, after inquiry, confirm the decision.

The Earl of ROSEBERRY thought that this was a case in which no peer ought to give a silent vote; and he hoped the house would accept this as his apology for the few words he had to say upon it. Notwithstanding all he had heard, he could not reconcile it to his honour and conscience as a juryman, to give his assent to the passing of the bill. On attentively considering the whole facts and circum. stances of the case, he could not say that he was convinced of the existence of that adulterous intercourse, without a full conviction of which, as their lordships had been well told by the noble and learned lord on the woolsack, no lord ought to give his vote for the bill. He implored their lordships to ponder well the effects which the passing of the bill might probably have; to view it not only as a question of

any doubt-if the least doubt existed on the minds of their lordships-if there was any deficiency in the evidence, the benefit ought to be thrown into the scale for the defendant (bear, hear, hear).

noble lord (Lauderdale) next alluded to the change in the apartments at Naples, and the evidence of Mademoiselle De Mont, in seeing the princess pass from Bergami's room to her own, with pillows under her arm. This evidence was conclusive, inasmuch as it might have been contradicted by correct testimony. He alluded to the letter of De Mont, who was anxious to serve her sister, and who, in a letter to the princess, expressed her gratitude to her and to Beigami. Was not this singular? Would any one who had received favours from her late majesty, return a joint letter of thanks to the queen, and to the earl of Morton. The case of Aum was the next he would notice; and it was in the evidence of Majochi and De Mont that the princess and Bergami slept under the tent; and although Hieronymus, Schiavini, Austin, and all the knights of St. Caroline were there, not one of them had been called to contradict their statement. He had gone much into the examina-justice, but as oue of expediency. If sion of the evidence, not from any weight which he thought his views of it might have, but that the country might know the grounds on which he gave his vote. He disclaimed all views of personal interest, and said he had been pestered with accusations of this sort. It had been said he was going out to India, and a medical gentleman had applied to be his physician; but he declared that he had no more idea of going to India than he had of going to the North Pole; and that he gave his vote as disinterestedly and as couscicutiously as any peer in that house. A Ball of Pains and Penalties, he (lord Lauderdale) contended, was not an unconstitutional measure, and the fair and liberal manner in which this bill had been conducted, with a guarantee affording justice to the accused. He viudicated this mode of proceeding in the present instance, in preference to an impeachment. A noble lord then absent (lord Erskine), had said the House of Commons had already deled on this subject, but he did not know how that could be said; and he thought it was indiscreet in the noble and learned lord to allude to the proceedings of the other House of ParIament, as influencing them. He declared that, considering the evidence that had been brought forward, and laying his hand on his heart, he could not but vote for the present bill; and

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Lord REDESDALE thought the proof was full, complete, and absolute. He could not conceive how there could be a doubt on the subject in the mind of any reasonable mau. He had considered the evidence attentively-he had examined it over and over, and his impression was, that the case had been more fully proved than ever any case in which a contrariety of opinion existed. He (Lord Redesdale) had much legal experience in a country (Ireland) where there was a great disposition among the people to swear against each other; he knew all the difficulties of extracting truth from a mass of conflicting testimony; but he uever knew a case where there was less difficulty to encounter than there was in the present. It had been proved by the very evidence brought to dis prove it. The noble lord, after an ingenuous encomium ou the evidence of Majochi and De Mout, of both of whom, he said that he thought them entitled to credit, and gave them credit, he proceeded to consider the proceed ing in a constitutional point of view. He thought it surprising that a Bill of Pains and Penalties should be objected

to as an unconstitutional measure, when the whole constitution of the country depended on one-the exclusion of the Stuarts by the Act of Settlement. All divorce bills were, in fact, Bills of Paius and Penalties. His lordship illustrated his view of the case by a number of references, and having concluded exactly at four o'clock, the house adjourned.

FRIDAY, November 3.

The names of the peers having been called over, the house proceeded to the discussion of the bill.

when the length of time it had been before the country--as well as the fact of the other house having come to a resolution on the subject, were taken into view, he did not conceive that it was at all improper for them to reflect upon what might be the ulterior fate of this bill. With regard to the effect of this inquiry, he thought it was a most fortunate circumstance that it had taken place. The noble and learned lord bad stated a proposition to which it was impossible for them not to agree; it was, "that, unless they had really and decidedly made up their minds that the charges had been proved, Earl GROSVENOR first addressed they ought not to vote for this bill." their lordships, and observed, that He had also stated, and he hoped their after the most attentive consideration lordships would never forget it, that of all the evidence and all the argu- before they came to a vote, if there ments which had been adduced for and remained the slightest doubt upon their against this bill, he felt himself called minds, with regard to the guilt of the upon to say "Not Content" to its queen, that doubt ought to operate in second reading. Their lordships had her favour. (Hear, hear, hear.) He heard on one side of this question all called upon their lordships to decide those arguments which had beeu urged upon this just and equitable principle; in its favour, and they had likewise and then he had no hesitation in antiheard, on the other, the able, and he cipating the complete rejection of this could not help thinking, the conclusive disgraceful and obnoxious measure. reasoning in reply. Before proceeding The noble earl then proceeded to adfurther, he was anxious to refer to one vert to the evidence, and particularly or two points in the speech of the noble to that part of it which was given as to and learned lord near him (the Lord the polacca. He thought it imposChancellor) a speech which, he had no sible an adulterous intercourse was doubt, their lordships would agree with either intended, or carried on under him in thinking must have had a very the tent. It was the last place in the powerful influence on that house. It world in which it would have occurred. was impossible but to recollect, that Hownam said there was no mystery the noble lord to whom he alluded in in Bergami's sleeping under it, and addressing them, had endeavoured to the natural inference to be drawn from take an unprejudiced view of this ques- this publicity, was, that no adulterous tion, and to hold the balance of the connexion had taken place. Such a scale even. It was to be regretted set of witnesses as appeared in support that the noble and learned lord had not of the bill he never before saw, with always pursued the same course, and one only exception, captain Briggs, had not used his efforts to persuade the and he was at all events a negative noble lords opposite to advise his mawitness in favour of the queen. jesty to put the queen's name in the could not but be observed how De Liturgy. Had this been done, he had Mont came to their lordships' bar, no hesitation in believing that all those ready to swear to any thing that could difficulties into which they had been destroy the honour, or even take away plunged, would have been completely the life of the queen, and yet she did obviated (hear, hear, hear). It had not prove one single act of adultery. been stated, that this house ought not (Hear, hear, hear.) Looking geneto be influenced by any proceeding in rally at the character of the witnesses the other House of Parliament; and for the bill, he could not conscienthat to whatever decision they might tiously act on their testimony. De come, they should have no regard to Mont, already a couutess, was, be sup what might be the course taken else- posed, to be still more elevated; Mawhere. To this, as a general prin-jochi to be made Chancellor of Cottonciple, he acceded, but when the nature gardeu (hear and laughter); and the of these questions was considered and cook, Cueli, to be raised above all the

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here rose nearly together, the cries of "Eari Harewood," predominated, and earl Donoughmore gave way.

Earl HAREWOOD, after thanking the noble lord for his courtesy, said, that being placed in the double capacity of a judge and a legislator on this occasion, he wished to state the reasons that governed him in giving his vote. Iu looking at the evidence, he found much that was contradictory-much depended on loose grounds-other parts on a firmer basis. On the whole, he thought there was enough to create a strong suspicion. He did not discre

foreigners, but many parts of their depositions were not brought into the evidence, and that, of itself threw suspicion over it. He wished, however, that bis mind was as clear on the innoceuce of the illustrious accused, as it was on the impolicy of this bill (hear, bear). The bill consisted of two parts, degradation and divorce; the latter, he understood, would not be pressed, and the former was still liable to alterations. As a legislator, however, he was bound to look at the general effect of the bill; and looking at it in that way, he could not help regretting it was ever brought before their lordships (hear, hear). The very appearance of

others. Gargiulo's evidence he could not believe; his remuneration was too high; he had a pique against Bergami; and he expected a large sum, besides what he said was due to him. But it was clear, when men were jealous, when men were suspicious, it required little to convince them of the infidelity of their wives. Aud whether they were kings, or not, they shared the same disposition. Their lordships were now called on in a case where the king was a party, and they had as much right to comment on him, as they would have on any other person, (hear). He had heard, when the Li-dit the witnesses because they were turgy was brought to the king by the archbishop of Canterbury, that his majesty himself ordered the omission of the queen's name. Whether it originated with the king or the archbishop he would not say; but this he would say, that if he had been the archbishop (a laugh), he would have thrown it in the king's face (hear, hear). He would have done so, because it would mark his sense of the inhumanity and injustice of that he was required to do. Had he been a minister, in the same way he would have thrown down the seals of office, and trampled them under his feet, rather thau commit an act of foul injustice. (Hear, hear). There were often sigus in the moral and political world which seemed as if to mark the proceedings of men. the commencement of this foul and fatal charge against the queen, the thunders rolled through the heaveus; and at its termination, a gloomy darkness set in, through which their lordships could scarcely see each other. If they threw out the bill, the note of joy would be heard in France, in Spain, in Sicily, in any country that was free. Russia and unregenerated Italy might hang down their heads in sorrow if the bill were lost; and they would do so, only because they were not free. Despotism always rejoices at an increase of victims (hear, hear). In couclusion, the noble earl conjured their lordships to heal the agonized feelingof the magnanimous sufferer, the queen-to do justice to themselvesto satisfy the country-and to do what they would wish to be done to their own wives, to their own beloved daughters, if placed in circumstances like the queen, and at once throw out the bill.

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Earls Donoughmore and Harewood

justice or oppression always did much in this country; but leave the people to the unprovoked exercise of their own judgments, and they would ultimately decide aright. He considered the bill highly inexpedient-the great body of the people were against it; and, as a legislator, looking to its general effect, his conscience obliged him to vote against it.

Earl DONOUGHMORE said, though much weight must be attached to any thing coming from the noble earl, yet, on this occasion, he had offered no reasons why this bill should not be read a second time. The noble earl's speech showed, he considered, the illustrious inculpated guilty or not inno cent; and yet he said, on the grounds of its inexpediency, and the irritation of the public mind, that he would vote agast the bill. He had the best opinion of the people, but he would not sacrifice the dignity of parliament to clamour or to danger; (hear, hear, from the ministerial benches). The people should not be taught that they were to be judges and rulers over their lordships. But, after all, the question

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der the tent during the voyage to Jaffa This was a most material circumstance, not only from its being admitted by lieutenant Hownam, but from the great difficulty with which the admission was extorted from him. Never did a more reluctant witness appear in any court of justice. Honam having admitted the tact, he (the earl Donoughmore) thought that, taken in conjunction with all the other circumstances, it could leave no doubt upon any person's mind that adultery was proved; not only adultery, but a long period of adulterous intercourse. How was it possible to read the evidence of the three persons before alluded to without feeling this conviction. They were men, no doubt in humble life, but he saw no reason to disbelieve them. Nothing

now was, "Was the Bill to be read a second time or not?" Before he gave his vote, he wished to state on what evidence he did so. First, then, he put out of the question altogether the evidence of Majochi and De Mont; he would say nothing of Sacchi, or of that execrable witness, Cuchi, or of Barbara Kress. But, in doing that, he by no means wished to be understood as saying they were perjured persons. In looking, however, at the general features of the case, it was impossible not to be surprised at the rapid elevation of Bergami, and the introduction of his family into the household of her majesty. They all knew familiarities were proved to exist between her royal highness and Bergami: and though the affairs of the chain and the portrait were matters of little moment in them-appeared to impeach their testimony, selves, still they tended to shew the the law therefore told him that he ought imacy that existed between them. to believe them. He regretted that the The evidence of Gargiulo and Paturzo noble lord on the woolsack did not go relative to the scene on the gun made more fully into the case, and state a strong impression on his mind; and more fully the grounds on which he with respect to the tent, Gargiulo voted. He would then have contriproved that Schiavini frequently or- buted in a more effectual way to lead dered it to be fastened down. Why the judgment of the house on this great was i ordered to be fastened? That and important question. He should adultery might be committed. If for have been glad to shelter himself under any other purpose, why was not Schia- the authority of the noble and learned vini called? Her majesty was six lord. He differed from those noble months on board the polacca, taking lords who expressed regret that more in the laud voyage to Jerusalem; but evidence had not been produced. He for five weeks she slept under the tent; did not wish to have more or less eviand she appeared to him to have taken dence; but he was sorry that the selecthat long journey, not for pleasure, tion was not better. He was a memnot for curiosity, but for the purpose ber of the secret committee, and after of an adulterous gratification with Ber- all that had been said, he would now gami. The noble lord then referred repeat again, that with such facts beto the evidence of Pierello, pages 144 fore them, ministers would have failed and 147. There was nothing to im- in their duty, both to the crown and to peach the testimony of these witnesses, the country, if they had not brought except it was that they got certain sums the matter forward for investigation. of money to defray their expenses, and Whatever clamour might have been ma e compensation for their loss of raised, or at present exist against the time. There was nothing in this cir- measure, the people would at last come cumstance that ought to affect their to a correct idea on the subject. It credibility. It was consistent with the was, indeed said, that the public had usual practice. It was the course pur- decided already. Whatever their desued with respect to witnesses in gene- cision might be. to that he could not ral. Though they were closely cross- give up his own opinion, formed ou deexamined for a whole day together, liberate consideration of the evidence nothing came out to affect their testi- before their lordships. It was said by mony. They were, it was true, wit. the learned counsel at the bar, by way, nesses for the prosecution; but had he supposed. of intimidating their lordthey no witnesses for the defence who ships, that if they pronounced a verdict spoke to the circumstances ou board of guilty in this case, it might be the the polacca? Yes, they had lieutenant last they would pronounce. To him it Hownam: it was his belief that her appeared ridiculous to direct such an royal highness aud Bergami slept un-insinuation, not only to their lordships,

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