LIBRARY REPORT ^<^ /> y y ^^^ OF THE m^-c^'^^'^'^^ PROCEEDINGS IN THE HOUSE OF LORDS ON THE WM of i^d(tn0 ivniir l^M^Mxt^ THE QIJEEliir. VOL. II. EDINBURGH: Printed b/j Duncan Stevenson 4* Co. FOR BELL & BRADFUTE, AND STIRLING & SLADE. 1820. 1^ • • • •> • • • • • • • •• • • : : : • • •. ' ? A^ CONTENTS OF THE SECOND VOLUME. Explanation by Lord Ijiverpoel on the subject of M. Mariettrand Colonel Brown, 3 Conversations thereupon between Lords Holland, Lauderdale, Darnley, and Lansdown, ii, 80 liist of counsel for and against the bill, (i Speech of Mr. Brougham in defence of her INIajesty, ib. Sir. Williams's speech, 62, 181 Debate respecting General Pino and the chamberlain of the Grand Duke of Baden, 98 Evidence of James Iceman, 107 A. B. St. Leger, Esq.... 108 the Earl of GuUford, .. 109 Lord Glenbervie, 1 15 Lady C.Lindsay, 116, 161 Earl of LlandafF, 123 Hon. Keppel Craven,... 126 Sir William Ciell, 1 35 William Carrington, 150, 172 John Whitcombe, 163 Opinion of the judges as to the re-ex- amination of I\I ajoochi, 169 Re-examination of Alajoochi, 171 Evidence of John Jacob Sicard, 178 Dr. Henry Holland,.,.. 185 Charles Mills, Esq 1!)2 Colonel Joseph Teuille, 196 Carlo Forti, 198 Examination of Lieut. John Flinn,.. 205 Hisi cross-examination, ■ 207 His re-examination and examination by the Lords, 219 Further examination of WUliam Car- rington, 234 Examination of Lieut. J. Hownam, 238 His cross-examination, 248 His re-examination and examination by the Lords, 261 Evidence of Granville Sharpe, Esq... 283 ■ Santino Guggiari, 284 Plans of grotto at Villa d'Este, 285, 288 Evidence of Giuseppe Giarolini, 280, 302 Examinationof Mr. J.Powell, 329, 336 ; Mr. .loseph Planta,.. 349 FilippoPomi,.. 352, 359 Sir .Tohn Beresford,.. 365 Cross-examination of Filippo Pomi,.. 378 Vol 11. Debates as to the agency of Restelli and Riganti, 291, 33:5, 361, 369, 381 Debates on the subject of Restelli be.. in'g sent to Italy, 311, 332, 350 Evidence of BonfigMo Ounati,... 397, 427 Debate on his exa ninaticn in regard tohisconverssiions with Vimercati, 397 Questions submitted to the judges,.... 416 Answers of the judges, ^0 Further evidence of G. Sharpe, Esq. 419 Further evidence of Filippo Pomi, ,. 436 Examinationof Antonio Mioni, 437, 462 Debate on tlie reception, as evidence, of his conversation with i?ar.cla,... 439 Examination of Domenico Salvadore, 463 Debate as to his conversations with Sacchi, 463 Questions submitted to the judges,... 473 Debate on the non-attendance of Sac- chi when called on, 474 Division on Earl Grey's motion against a secret committee, 497 J\lr. Brougham's application to be al- lowed to examine Mr. Powell, 498 Evidence of Colonel Ales. Ohvieri,., 501 Further examination of Mr. Powell,.. 506 Evidence of Tomaso L. Maggiore,... 508 Chevalier Carlo Vassali, 613 Mr. Brougham's speech on the ab- • sence of Baron d'Ende, 528 Protest against the secret committee,.. 529 Report of the secret committee, 530 Lieut. Hownam's diploma as knight of the order of St. Caroline, 534 Farther examination of L. Demont,.. 634 Evidence of Fanehette Martigner,... 540 Further examination of J. Leman,... 546 Attorney-General's application for de- lay to examine Colonel Brown, 549 Farther examination of Capt. Briggs, 564 Correspondence relating to the Baron d'Ende, Appendix. Short debates on various points in the examination of the witnesses, 107, 120, 123, 127, 130, 136, 139, 150, 161, 162, 16.5, 193, 208, 212, 217, 220, 224, 227, 246, 254, 256, 262, 266, 269, 277, 808, 337, 340, 341, 344, 346, 366, 368, 429, 434, 436, 462, 463, 311, 525, 538, 541, 647- Jl2 LIST OF WITNESSES' ON THE DEEENCE. 10 11 12 13 14 15 Ic 17 18 19 20 21 22 23 24 25 2C 27 28 29 30 31 32 33 34 Witnesses' Names. _ James Liemati, A. B. St. Leger, Esq.„ Earl of Guilford, Lord Cxlenbervie, Lady C. Lindsay, - — Earl of LlandafF, Hon. Keppel Craven, Sir WiUiamGeU, Williarfl Carrington, < John AVhitcombe,~ John Jacob Sicard,„™-~ I)t. Henry Holland,„~~ Charles JVlUls, Esq. — - Colonel Joseph TeuUle,™ Carlo Eorti, . ~ Lieutenant John Flinn,„ Lieut. J.R. Hownam •{ Granville Sharp, Esq. Santino Gugiavi, , His Plans, Giuseppe Giarolini, — „, John A. Powell, Esq. ^ .Joseph Planta, Esq.~ \ Filippo Pomi, -J Sir John Beresford,>^....„„ Bonilglio OiTiati,!- Samuel Innian, Antonio iNIioni,. - — Domenico Salvadore, Alessandro Olivieri, Toniaso Lago ^laggiore. Carlo VassaH, ^ JiOuisa Demont, . .-„ Fanchette Martigner, — Captain Thos. Briggs, — Teodoro Majoochi, „, C'liief Exami- nation. Cross Kxami- nation. 107 to 108 545 to 547 lOJJ, 109 109 to 11] 115 lie, IGl 125, 12(5 ]2f» to 131 135 to 14G 150 172, 173 163, 164 178, 171* 185 to 187 192 to 194 196, 197 198 to 200 205 to 207 238 to 248 533 283 284, 286 285, 288 290, 303 350 352 to 361 378 to 381 111, 112 115 117 to 120 126 131 to 133 146 173, 174 164, 165 179 to 181 187 to 189 194, 195 197, 198 200 to 204 207 to 219 248 to 261 283, 284 286 to 289 303 to 305 343 to 346 lle-Exaniina- tion. Examination by the Lord.s. 436, 437 397, 427-9 438, 462 463 501 to 503 508 513 to 517 536 to 53!) 540 to 542 564 to 665 437 130 to 436 >03 to 505 508 to 510 517 to 524 539, 54(1 543, 544 565 to 567 108 547 to 548 112, 113 113, 114 116 120, 121 121 to 124 126 133 to 135 146 to 149 174 174 to 178 234 to 238 169 181, 182 182 to 185 189 189 to 192 1.95 195, 196 198 204, 205 205 219, 220 220 to 234 261 to 263 263 to 2(j3 419 289, 290 305, 306 436 505 510 to 513 544 567 306 to 31 1 329 to 341 346 506, 507 349, 350 381, 396-7 437 365 to 3C9 419 463 505, 506 513 524 to 526 540 545 567 171, 172 ERRATA. {^Coined from the Jourmils of the Ihrnsc). Page CoU Line FOR READ Page Col. Line FOR READ 100 ^(Theodoro '-^ - -tMajocchi Teodoro ]Ma- 236 1 2 Justo OMusto joochi 229 2 4 The key i of an inch shorter 123 2 29 Romani llomana 230 1 21 Tallas Tallers 125 2 50 there thin — - 56 Size of the doorsSize of doors 128 2 2 Caniara Camera 233 1 49 Staggan Steigen r- f Grande Brit ~ "^ \ tannia, ■ y^ T^ — 2 6 Mode Tense Gran Brettagna 23G 1 35 Kerstern Kersten 129 2 3G Villa of VUlani Villa ViUani 239 2 26,7M.deGrilling ; M. de Geilling 130 1 50 Whence Where 316 2 10 got again got home again — 28 Forraja ) — - 9 Ferraja ) uA r^^W4rh 1 f^ 331 1 42 Guiseppe Giuseppe Jc errajo 323 - 45 shall continue shall not continue — - 19 Eodaci Bodari' — 2 32 Faud Fana 132 2 8 Scala Nuova Scala NovA — - 37 Procuratie Procurazia 133 2 10 Bartolomo Bartolomeo 327 1 C I-e Paese 11 Paese 134 1 03 Capo Dausa Capo d'Anza — - 14 Dominigo Domenico — 2 9 The Salem Salem „„ ^ .„ J Omit'nhatitwastheunanimous " \ opinion of the learned judges" 10 TheSoleman Soliman — - 17 Terracini Terracina 335 2 1 Cevinnes Cevennes 135 1 50 Sourow Saurau 329 2 39 Inn when Inn where 140 1 40 Insert "he" before " used" 349 1 18 I do I did 148 2 12 Carleno Carlino 371 2 58 Arm Arms 149 1 43 Coverlids Coverlid 372 1 54 Sinigalia Sinigaglia 150 1 54 pill parti piu parti — - 5G Villa Caprile Villa Caprili _ 2 25 had have 378 2 11 Garsten Garston 151 1 49 after "sleep" — _ 55 Padroni insert " in" Padrone 413 1 101 , . 417 2 55 j^^'" I'a sit . 153 1 3 at Sicily in Sicily 414 1 14 1 . ., - ^., V aimoit & aimoit y — - GO Scavini Schiavini _— 2 29 AlbargaltalienneAlbergoItaliano 418 1 21 TanteClere Tante Clare is?t"h«— Tamasia 422 1 29 That 423 1 35 ne le soit Then ne te soit ir^rn'^"^" Bubna 425 1 6 eneant 427 1 31 oeconomlse crieant economise 158 1 11 you was you were 429 1 20 excellente excellent — 2 44 Carratina Carrettina 432 1 1 Tul'imagine Tu t'imagines 1C9 2 39 Marshalla ]Maresciallo — - 18 I'envoye t'envoye 170 1 17 Le Courte Le Corte — - 29 Tableux Tableaux 176 1 24 GarliuUo Gargiulo — - 44 Pressentement Presentiment 2(i About Above 433 1 14 Passees Passees — - 32 Gergenti Girgenti 441 2 14 Brezzia Brescia — - 41 Theodoro Teodoro 443 1 5 Padovenello Padovanello 181 1 24 Jean Baptista Gian Battista — 2 2 Torotolela Torototela 1 ( Francisco a ~ ( Caompora Francesco da 448 1 9 Ileganti Riganti Campora 449 2 24 Carlo Rangatti Carlo Ilancatti 182 1 42 Vemecarti Vimercati J Geralimo Gerolamo 184 2 3 Was the Was there a ( IMijani jMejani 194 2 G a praun Abramo — - 25 Henrico Baie Enrico Bai 199 1 46 Jiacomo Giacomo — -26 Finetti Finette 203 1 7 Campo Capo 34 Chicheri Ciceri 207 1 13 ever even 450 1 1 Vessali Vassali ' For Eo metto, &c. read To 458 1 59 prende vano prendevano ''08 2 Sfi '■'^^''0 1^ ™'* testa, che se io j non ho fatto questo discorso 61 sal di ball i>ala di ballo — 2 2 e volonta e volonta * (^ di giuramento — - 51 Verginelli Verginelle 214 1 52 Deura — 2 10 posso dise Dema posso dire 459 114)^. . . l^l^ergine Vergini 218 2 22 refused to refused not to 481 1 41 Affirmative Negative 220 2 6 whether where 514 1 8 Bodeno Bodena 223 2 16 LeBurgo L'Albergo Vol I. a2 A -? 00 r iO '•kJ IJST OF WITNESSES IN SUPPORT OF THE BILL. Chie Exami- Cross- Examina- Exi'.'.iiiiriti'jii Witnesses' Names. nation. tion. Ile-Evaniiuation. by the I.Oi.ls. ( 39 to 164 164 to 170 170 to 175 1 Teodoro Majoochi, 123tol39-^ 205 to 209 209 20!) I .509 to 514 514 514 to 515 2 Gaetano Paturzo, ~ 175 t9 181 181 to 183 183 to 184 184. to 189 3 Vincenzo Gargiulo, , 189 to 199 199 to 202 202 202 to 205 4 Francisco BiroUo, 210 to 214 214 to 215 ^ . 215 to 217 5 Captain Pechell, ^. — 217 to 218 _ — _ _ 218 6 Captain Briggs, 218 to 220 220 220 220 to 222 7 Pietro Cuchi, 223 to 225 225 to 228 228 228 to 230 8 Barbara Kress, ^...^^ 230 to 236 238.313,to319 _ _ 319 to 321 9 Giuseppe Bianche, 321 to 322 322 to 324 324 10 Paolo Raggazoni, „ '. Gerolamo ]\Iejani, 325 335 to 327 to 336 to 333 327 to 329 329 11 332 333 to 335 335 12 Paolo Oggioni,. — . — 337 to 338 338 to 339 339 to 341 341 to 342 13 Louisa Demont, _„ ■! 342 to 374 The Letters. 374 to 413 42^ to 434 413 to 417 417 to 422 14 Luigi Galdini,„„.^:i„ 435 to 436 436 436 to 437 437 15 Alessandro Finetti, 438 to 439 16 Dominico Brusa,- ^ 439 to 441 17 Antonio Bianchi, — „-, 441 to 442 _ _ _ — 442 18 Giovanni Lucini,,„ 442 to 443 443 » _ 443 19 Carlo Rancatti,, „, 443 to 444 444 20 Francisco Cassina,««*, dJ/i 445 21 Giuseppe Restelli,„„ 445 to 447 447 to 451 _ ^ 451 22 Giuseppe Galli, 451 to 452 452 to 453 _ — 453 23 Giuseppe Del'Orto,™™ Giuseppe Guggiari, 45.H to 454 to 455 454 24 454 455 455 455 to 456 25 Giuseppe Sacchi,„„ 456 to 462 462, 475-476 470,493-494 494 to 500 26 Robert Hare, „ ,„ 500 to 501 501 REPORT, &c. ►*i3it*< (Twenty-second Day.) — Tuesday, Oclober 3, 1820. 1 HE house met this morning, Gambier, Viscount Hereford, and in pursuance of adjournment, at Earl of Hilsborough, wei'e de- ten o'clock. The interest excited faulters. in the public mind at this stage of The Lord Chief Justice of the the proceedings was intense, and King's Bench was absent, being before the hour of business had arrived, the space below the bar was crowded to excess. Shortly before ten the Lord Chancellor entered the house, and prayers were immediately read by the Lord Bishop of Bristol. The names of the peers were then called over. Several letters had been received by' the Lord Chancellor, assigning reasons for the absence of some of the noble lords, which his lordship read as their names Avere mentioned. — Among others who were not in attendance from indisposition, were Lord Douglas, the Lord Bishop of Bangor, the Duke of Newcastle, and Earl of Chichester. Lord Vol. II. ^No. 13. engaged in his public avocations at the Court of King's Bench, Guildhall. All the other judges whose names were mentioned du- ring the former proceedings were present, and to these Avere added Mr. Justice Bayley and Mr. Jus- tice Park. Lord Liverpool now called the attention of the house, and ob- served, that he felt it his duty to offer some explanation respecting a transaction upon which a good deal of conversation had taken place when they last met on this case — he alluded to a conversation respecting a letter Avhich Avas stated to have been addressed to a M. Marietti in this country, fi'om B 4 his lather at Milan. When the subject was mentioned at the pe- riod to whicli he alUided^ he stated that he had been privately informed of the existence of this letter, and of the nature of its contents. Upon receiving that information, he had felt it his duty to desire that a let- ter should be written to Colonel Brown, calling upon him to ex- plain any thing which he might know of the circumstance. He had now in his possession a cor- respondence which had taken place in consequence of the compliance with his desire, and which, with the permission of the house, he would now read. — (Hear, hear.) — The noble earl then proceeded to read the correspondence in ques- tion. The first letter was written by Colonel Brown, in answer, as he stated, to a communication made to him by order of Lord Castlereagh. In this he distinctly stated that he had never spoken a single syllable to M. Marietti on the subject of his son's conduct in London. He remembered, how- ever, that one of the partners of a respectable banking-house in Mi- lan, with which M. Marietti was connected, had called upon him upon a matter of account, and had mentioned to him that they had heard from London, from a son of M. Marietti, and that some al- lusion was made by him to the af- fairs of tlie Princess of Wales He did not recollect any casual obser- vation which he mifzht have made at that time, and had in conse- quence written to the gentleman in question, requesting him, to the best of his judgment, to state what had passed. He had received his cinb\\er (No. 1), together with a letter which he had written to M. Marietti (No. 2), and the answer of M. Marietti thereto (No. 3), the originals of which he enclosed. He trusted that these documents, when received, would relieve him from the imputations which had been cast upon him, and prove that he could not so far have for- gotten the duty of his situation as to have ventured to state that any harsh steps would be taken against a respectable individual under the protection of the government of this country. In conclusion. Co- lonel Brown expressed his anxious wisli to submit his conduct to the examination of any tribunal, before which he was ready to give the strictest account of every transac- tion in which he had been engaged. — The next docimient which the noble earl read was the letter of the individual alluded to by Colo- nel Brown, in answer to that which the colonel had sent him. In this letter the writer positively denied ever having heard from Colonel Brown of any intention on the part of the British government to apply the jJrovisions of the alien bill to M, Marietti, in conse- quence of his endeavouring to ob- tain some information from one of the witnesses against the Queen. He never had any conversation with M. Marietti's father on this subject; but, in order to obtain ex- planation on the i^oint, he had written to M. Marietti, and in- closed both his own letter and the answer which he had received. I'he latter-mentioned documents were then read by the noble earl. 1 he most material point was an admission on the j^art of W. Ma- rietti, that notliiug had been said to him on tlie subject of the ap- plication of the powers of the ahen bill to his son ; but that, in his anxiety for his son's welfare, and in confidence, he might have used strong expressions, with the view of deterring him from intermeddling with affairs not connected with his own business. The noble earl having finished the perusal of the papers, he said he had felt it his duty to submit them to the house, lest any doubt might arise as to any point in this transaction calcu- lated to excitean undue impression ; and from their contents it would be seen that Colonel Brown was perfectly willing to enter into any further explanation which their lordships might desire. Lord Holland said, that al- though every part of the statement made by Colonel Brown might be true, and that in point of fact he had never mentioned the alien bill, yet this did not in the slightest degree affect the general observa- tions which he had made on the subject of the alien bill itself, {Hear, hear.) On the contrary, this correspondence only confirmed the remarks which he had offered to their lordships, by proving the alarm which existed among foreign- ers in consequence of the existence of this bill. With regard, however, to Colonel Brown, it was hishumble opinion that a full investigation of this subject should take place, and that the house should not besatisfied with the statement of one party alone. At present he would not deliver any opinion on the papers themselves, but should reserve to himself the right of moving for any further information on this subject which he might hereafter think necessary. Lord Liverpool said, that in consequence of what had fallen from the noble lord, he should now feel it his duty to lay the papers on the table of the house. Lord Lauderdale thought it pro- per that the house should be put in possession of the original letter of the elder M. iMarietti, which he conceived could be obtained by ap- plication to the proper quarter. The papers were then laid on the table of the house. Lord Darnlci/, before the coun- sel were called in, begged leave to submit to their lordships the pro-, priety of their being furnished with an account of the expenses which had been incurred in the progress of this most unusual and disgraceful investigation. With these feelings, he begged leave to move, " That there should be laid before the house an account of the total expenses which had been in- curred during the inquiry into the conduct of the Queen, as far as the sum could be made up." Lord Liverpool said, he cer- tainly had no objection whatever to the production of this account, in point of principle; but he thought this was not the proper time for laying it before their lordships. He conceived that, whilst their lordships were en- gaged in a judicial proceeding, such a topic could not fitly come under their coonizance. When the proper time did arrive, he should be perfectly willmg to meet the noble earl's wishes. The Marqiiis qf Lansdown con- curred with the noble earl who G last addressed the house, that this was not the proper season for bringing this subject under their lordships' notice ; but at the same time he thought it highly proper that the expenses incurred on both sides of thismomentous case should FOR THE BILL. The King's Attorney-General, Solicitor-General, and Advocate-GeneraL Dr. Adams, and jMr. James Park ; with JMr. Maule and INIr. Bourchier, Solicitors of the Treasury. be submitted to their examination. Lord Darnley did not press his motion. Counsel were now called in. They consisted of the same learn- ed gentlemen as in the fomaer part of the proceedings, viz. AGAIXST THE BILL. The Queen's Attorney-General, and Solicitor-General, ■ Dr. Lushington, Mr. J. "Williams, Mr. Wilde, J^lr. TindaU ; with ]Mr. Vizard, her JNIajesty's Solicitor. THE DEFENCE. Mr. Brougham began to address their loi'dships in a very low tone of voice ; it was with difficulty he could at first be heard^ \)\it, as -far as could be collected, Ke'.'ijppke to the following effect :— *$!(1e time had now ari-ived when it* became his duty to addi'ess himself to their lordships in defence of his illus- trious client. But when the mo- ment which he had so anxiously desired had at length come, he felt the greatest alarm. It was not, however, the august presence of that assembly which oppressed him, for he had often experienced its indulgence : neither was it the novelty of the proceedings that embarrassed him, for to novelty the mind gradually gets accus- tomed, and becomes at last recon- ciled to the most extraordinary deviations ; nor was it even the great importance and magnitude of the cause he had to defend Avhich perplexed him, for he was borne up in his task with that con- viction of its justice, and of the innocence of his illustrious client, Avhich he shared in common with all mankind. But it was even that very conviction which alarm- ed him — it was the feelin;^ that it operated so zealously and so right- ly Avhich now dismayed him, and made him appear before their lord- ships impressed with the fear that injustice might be done to the case by his unworthy mode of handling it. While, however, other coun- sel have trembled for fear of guilt in a client, or have been chilled by indifference, or have had to dread the Aveight of public opinion a- gainst them, he had none of these disadvantages to apprehend. Pub- lic opinion had already decided on the case, and he had nothing to fear but the consequence of per- jury. The apprehension Avhich oppressed him was, that his feeble exertions might have the effect of casting, for the first time, this great cause into doubt, and turn- ing against him the reproaches of those millions of his countrymen now jealously watching the result of these proceedings, and who might perhaps impute it to him if their lordships should reverse that judgment which they had already pronounced upon the charges in the present state of the case. In this situation, with all the time which their lordships had afford- ed him for reflection, it was diffi- cult for him to compose his mind to tlie proper discharge of his pro- fessional duty ; for he was still weighed down with the sense of the heavy responsibility of the task he had undertaken. He must also observe, that it was no light addi- tion to the anxiety of this feeling to foresee that, before these pro- ceedings closed, it might be his unexampled lot to act in a way which might appear inconsistent with the duty of a good subject — to state what might make some call in question his loyalty, though that was not what he anticipated from their lordships. He would now remind their lordships that his illustrious client, then Caro- line of Brunswick, arrived in this country in the year 1795 ; she was the niece of the Sovereign, and the intended consort of the heir-apparent, and was herself not far removed from the succession to the croAvn. But he now went back to that period solely for the purpose of passing over all that had elapsed from her arrival until her departure in 1814 ; and he re- joiced that the most faithful dis- charge of his duty permitted him to take this course. But he could not do this without pausing for a moment to vindicate himself a- gainst an imputation to which he might not vmnaturally be exposed in consequence of the course which he pursued, and to assure their lordships that the cause of the Queen, as it appeared in evidence, did not require recrimination at present. The evidence against her Majesty, he felt, did not now call upon him to utter one whis- per against the conduct of her illustrious consort, and he solemn- ly assured their lordships that but for that conviction his lips would not at that time be closed. In this discretionary exercise of his duty, in postponing the case which he possessed, their lord- ships must know that he was wav- ing a right which belonged to him, and abstaining from the use of materials which were unques- tionably his own. If, however, he should hereafter think it advise- able to exercise this right — if he should think it necessary to avail himself of means which he at pre- sent declined using — let it not be vainly supposed that he, or even the youngest member in the pro- fession, would hesitate to resort to such a course, and fearlessly per- form his duty. He had before stated to their lordships — but sure- ly of that it was scarcely necessa- ry to remind them — that an advo- cate, in the discharge of his duty, knows but one person in all the world, and that person is his client. To save that client by all means and expedients, and at all hazards and costs to other persons, and, among them, to himself, is his first and only duty; and in performing this duty he must not regard the alarm, the torments, the destruc- tion which lie may bring upon others. Separating the duty of a patriot from that of an advocate, he must go on reckless of conse- quences, though it should be his unhappy fate to involve his coun- try in confusion. He felt, how- evei*, that, were he now to enter on the bi'anch of his case to which he had alluded, he should seem to quit the higher ground of inno- cence on which he was proud to stand. He would seem to seek to justify, not to resist the charges, and plead not guilty — to acknow- ledge and extenuate offences, levi- ties, and indiscretions, the very least of which he came there to deny. For it was foul and false to say, as some of those who, under pretence of their duty to God, for- got their duty to their fellow-crea- tures, had dared to say — and they knew it to be false and foul when they asserted it — that any impro- prieties were admitted to have been proved against the Queen. He denied that any indiscretions were admitted. He contended not only that the evidence did not prove them, but that it disproved them. One admission he did make ; and let the learned counsel who supported the bill take it, and make the most they could of it, for it was the only admission that would be made to them. He granted that her Majesty had left this country for Italy ; he granted that while abroad she had moved in society chiefly foreign, inferior probably to that which, under happier circumstances, she had known — and very different, cei'- tainly, from that which she had previously enjoj^ed in this country. He admitted, that when the Queen was here, and happy, not, indeed, in the protection of her own fa- mily, but in the friendship of their lordships and their families, that she moved in more choice and dignified society than any in which she has since had the good fortune to be placed. The charge against her was — that she went to Italy, and that, instead of associating with the peers and peeresses of England, she took to her society only foreigners. He fully admit- ted that her Majesty had been un- der the necessity of associating with Italian nobihty, and some- times with the commonalty of that country. But who are they that bring this charge ? Others might blame her Majesty for going a- broad — others might say that she had experienced the consequences of leaving this country and asso- ciating with foreigners ; but it was not for their lordships to make this charge. They were the very last persons who should fling this at the Queen ; for they Avho now presumed to sit as her judges were the very witnesses she must call to acquit her of this charge. They were, in fact, not only the wit- nesses to acquit, but had been the cause of this single admitted fact. While her Majesty resided in this country she courteously threw open her doors to the peers of England and their flimilies. She graciously condescended to court their societ)^, and, as long as it suited certain purposes Avhich were not hers — as long as it served inte- rests in w^hich she had no concern — as long as she could be made sub- servient to the ambitious views of others — she did not court in vain. But when a change took place — when those interests were to be retained which she had been made the instrument of grasping — Avhen that lust of power and place to which she was doomed to fall a victim had been satisfied — ^then in vain did she open her doors to their lordships and their families ; then it was that those whom she had hitherto condescended to court — and it was no humiliation to court the first society in the world — abandoned her. Her Majesty was then reduced to the alterna- tive of begging society in this country as a favour, or of leaving it. She could not, by humbling herself, have obtained the society of British peeresses, and must have sought that of other classes, or gone abroad. Such, then, being the circumstances, it was not in the presence of their lordships that he expected to hear the Queen reproached for going abroad. It 9 was not here that he had thought any one would have dared to lift up his voice, and make it a topic of censure that the Princess of Wales had associated with foreign- ers — with §ome whom, perhaps, she might say she would not and ought not to have chosen under other and happier circumstances. Up to this period her Majesty had still one j)leasure left. She en- joyed, not indeed the society, but the affection and grateful respect of her beloved daughter. An e- vent, of all things most grateful to a mother's feelings, soon after took place — the marriage of her beloved daughter. Of this event her Majesty received no announce- ment. Though all England was looking towards the approaching event with the deep interest it was so well calculated to excite — though all Europe was looking at it with the liveliest feelings, and Avith all the knowledge of the interesting event which was about to take place — still there was one person, and one only, left in ignorance of the whole proceeding, and that so- litary individual was the mother of the bride. All that she had done up to that time to deserve this treatment was, that she had been charged, and afterwards ac- quitted, of an alleged crime, and her perjured persecutors rendered infamous ; and this treatment she received from his Majesty's ser- vants, some of whom had risen in power by having made her a tool to promote their own interests. The Queen heard of the event of the approaching marriage of her only child accidentally ; she heard it from a courier who was going from this country charged with a notification of it to his holiness the Pope — that ancient, intimate, and much- valued ally of the protestant lol. W.—So. VA. crown of England. The marriage of her daughter took jjlace ; it ex- cited the sensations which it was so well calculated to produce, as the 2>roniised source of so much happiness to the royal family and the nation. The whole of that period passed without the slightest communication being made to the Queen. The i:>eriod of the Prin- cess Charlotte's accouchement ar- rived ; her mother was then fear- ful of opening a communication upon the subject, knowing the a- gitation it might create in the mind of her beloved daughter. She knew at such a moment the perilous re- sults that might follow to the be- loved object of her maternal soli- citude, were she at that period to create any agitation in her mind upon a topic which might expose her to a quarrel with power and authority on the one hand, or com- bat her peace and affection on the other. An event followed which destroyed for ever the hopes of the country — an event which filled all England with grief and sorrow, and with a mourning in which all their foreign neigh- bours unaffectedly sympathised. With a due regard for the sym- pathy of foreign powers, the sad tidings were rapidly conveyed to each of the allies of Great Britain, to every power and state connect- ed with her, and to some that were not. But to the Queen, again, no communication was made. She who, of all the world, had the deepest interest in the event — she whose feelings must necessarily be, of all mankind, the most over- whelmed and stunned by the aw- ful communication, in any man- ner in which it could be made — was left to be so stimned and overwhelmed by hearing by acci- dent of the death of her daughter, C 10 as she had by accident heard be- fore of her marriage. If she had not heard tlie dreadful news by accident^ she would ere long have felt its occurrence ; for the death of the deceased daughter was soon conveyed to the agonised mother by the issuing of the Milan com- mission, and the commencement of that process against her ho- nour, station, and character. How wretched was not the lot of this lady, as displaj^ed in all the events of her chequered life ! It was al- ways her sad fate to lose her best stay, her strongest and surest pro- tector, when danger threatened her ; and, by a coincidence m.ost miraculous in her eventful history, not one of her intrepid defenders was ever withdrawn from her, without that loss being the imme- diate signal for the renewal of momentous attacks upon her ho- nour and her life. Mr. Pitt, who had been her constant friend and protector, died in 1806. A few- weeks after that event took place^ the first attack was levelled at her. Mr. Pitt left her as a icg;;cy to Mr. Pcrcevjil, who became her best, her most undaunted, and firmest protector. But no sooner had the hand of an assassin laid prostrate that minister, tl^an her Royal Highness felt li>e force of the blow by the ccramencement of a renewed attacl, though she had but just been borne through the last by Mr. Perceval's skilful and powerful defence of her cha- racter. Mr. Whitbread then un- dertook her protection, but soon that melancholy catastrophe hap- pened which all good men of every political party in the state, he be- lieved, sincerely and universally Ir.mented. Then came with Mr V\ hit bread's dreadful loss the nui— muring of lliat stoim which 'was so soon to burst with all its tcm- ])estuous fury upon her hapless and devoted head. Her daughter still loved her, and was her friend ; her enemies were afraid to strike, for they, in the wisdom of the world, worshipped the rising sun. But, when>s!ie lost that amiable and beloved daughter, she had no protector : her enemies had no- thing to dread ; innocent or guil- ty, there was no hope, and she 3'ielded to the entreaty of those who advised her residence out of this country. Who, indeed, could love persecution so stedfastly, as to stay and brave its renewal and continuance, and harass the feel- ings of the only one she loved dearly, by combating such repeat- ed attacks, which were still re- iterated after the record of the fullest acGuittal? It v.as, how- ever, reserved for the Milan com- mission to concentrate and con- dense all the threatening clouds v/hich were prepared to burst upon her ill-fated head ; and, as if it were utterly impossible that the Queen could lose a single pro- tector without the loss being in- stantaneoiTsly followed by the com- mencement of some important step against her, the same day which saw the remains of her venerable Sovereign entombed — of that be-^ loved Sovereign who was from the outset her constant flither antl friend — that same sun which shone upon the monarch's tomib ushered into the palace of his illustrious son and successor one of the per-? jured witnesses who was brought over to depose against her Majes- ty's life. Why did he mention these melancholy facts to their lordships ? Was it to illustrate the trite remark of the miserable sid^Kcrviencyof trading politicians.'' Was it to show that Spite was the 11 twin-brother of Ingratitude, and that no favour could bind those whose nature was peevish and bad? — that favours conferred only made base passions more malignant a- gainst a benefactor ? No ; to dwell upon so trite a remark would indeed be futile and unnecessary in the presence of their lordships. But he said it to impress vipon their lordships a deep sense of his own unworthiness to perfoi'm this duty to the Queen, an inifeigned consciousness of his inability to follow such powerful men as he had named in the defence of this illustrious individual, and to as- sure their lordships how deeply sensible he was of his want of power to make for his illustrious client that conclusive and irresist- ible defence on this occasion, which, were they alive and filling their wonted duty, they would not fail to do, to the utter discom- fiture of her Majesty's enemies. Before he proceeded further in the results to which he was prepared to contend the details of the evi- dence in this case must lead, he must beg to call their lordships' attention to w^hat that evidence did not do. He meant to point out the parts of his learned friend the Attorney-General's opening statement, which, instead of re- ceiving support from the evidence, were either not touched upon by it at all, or actually negati^'ed out of the mouths of his own witness- es. His learned friend should speak in his ov.'n words his state- ment of the r>lan and construction of his own case. It was most ma- terial also toi' them to bear in mind, that his learned friend was in his statement directed by the instructions v.^hich were put into his hands, for his speech ought, of course, to be considered as the mere transcript of his instructions, the mere outline of the documents submitted to him — documents pre- pared too in a way which nobody need be at any loss to guess. His learned friend, nearly in his com- meiicement, used these words — " I will inost conscientiously take care to state nothing which in my conscience I do not think — I do not believe — I shall be able to substantiate by proof." He need not have so strongly appealed to his conscience, for he (Mr. Brough- am) fully believed him when he said he spoke from his instructions ; he readily believed that he spoke from his brief, and said nothing else but what he found in his brief. He believed that at the time his learned friend made his opening statement ; he equally be- lieved it now, when he had failed, in substantiating that statement by proof. He knew full well that there was no other way for that statement to have got into his learned friend's brief but cut of the mouths of the witnesses, who at fu'st had not hesitated to garni.-jh their stories, though they Avere not afterwards found hardy enough to adhere to their falsehoods when brought to their lordships' bar. When they came to the point, they were scared from their first state- ments. He v/ould read a few samples of the difference between the Attorney-General's statement and his subsequent evidence, for the purpose of showing the value at which their lordships ought to estimate that evidence. In the firstjhislearned friend had pledged himself that the evidence of her Majesty's alleged impropriety of conduct w^ould be brought down almost to the present time ; but subsequently he did not attempt so to bring it down during any part of the last three years, that is t(i say, (hirinji^ a space of time ex- actly equal to the other space over which his evidence actually ad- duced extended. Here he begged leave to revert to the following passages of the Attorney-General's opening statement, which he took from the short-hand writer's notes: " On the arrival of her Majesty's suite at Naples, it v.as so arranged that her Majesty's sleeping-room was at an opposite side of the house to that of her menial domestics, among whom was her courier. On the first night of her Majesty's ar- rival at Naples (the 8th Nov.), to which he had called their lord- ships' attention, this arrangement was continued. Bergami slept in that part of the house which had been prepared for the do- mestics, and young Austin slejit in her Majesty's apartment. But on tlie following morning, Novem- ber the 9th, the servants of the establishment learned with some surprise, because no reason iippear- ed to them for the change, that Bergami was no longer to sleep in that part of the house where he liad slept the night preceding, but that it was her Majesty's pleasure that he should sleejj in a room from which there was a free communi- cation with that of her Majesty, by means of a corridor or passage." *' Upon the evening of the 9th of November her Majesty went to the Opera at Naples, but it was ob- served that she returned home at a very early hour. The person who waited upon her, on her return, was the maid-servant whose duty it was particularly to attend to her bed-room." " The female servant retired ; but not without those sus- picions which the circumstances he had mentioned were calculated to excite in the mind of any indivi- dual. Slie knew, at the time, that Bergami was in his bed-room, for this was the first niirht of his hav- intj taken advantasre of the anan;je- ment which had been previou^^ly made. It was quite new, on the part of the Princess, to dismiss her attendants so abruptly: and when her conduct and demeanour were considered, suspicions arose which it was impossible to exclude. But if suspicions were excited then, howwere they confirmed on the fol- lowing morning? If I prove (said the Attorney-General) by evidence at your lordships' bar what I am now going to state, I submit that there will then be before )'our lordships evidence on which no jury would hesitate to decide that adultery had that night been com- mitted between this exalted per- son and her menial servant ; for, upon the following morning, on observing the state of her room, it was evident that her Majesty had not slept in her own bed that night. Her bed remained in the same state as on the preceding evening, while the bed of the other person had, to those who saw it, clear and decisive marks of two persons having slept in it," Their lordships would perceive, that every one of these assertions in his learned friend's speech rose one above the other, in successive height, according to their relative importance, and that even the lowest of them it was of essential importance to sustain by evidence for his case. But every one of them he not only failed to prove, as he promised to prove, by evi- dence, but he actually negatived some of the most material of them by the witness whom he produced at the bar evidently for the pur- pose of substantiating them. When the witness Demont was at the 13 bar, Jic repeatedly askod lior re- specting these parts of" 'lis state- ment; but she who was destined to tell of them all, denied any knowledge of where the Queen went on the particular night al- luded to. She denied that she knew where the Queen went after she left her bed-room. When ask- ed whether the Queen on that par- ticular morning rose at her usual hour, her answer, so fai* from confirming the opening statement, was affirmative of her Majesty hav- ing got up about her usual hour. Nor did she know of any body hav- ing called to pay visits in the course of that morning, though pointedly asked, for the {)urpose of speaking to all the facts so forcibly urged in the Attorney-General's statement. In the next place, when either the Attorney-General or his colleague, the Solicitor-General, spoke of the passing occurrences in Italy, they evidently spoke from their instruc- tions, and not from any personal knowledge of their own upon the manners of the country; for symp- toms of having ever been in Italy, they showed none. They had clearly never been there, or else they could not have spoken of the manners of Italy as they had done. For instance, see what they said about the masquerade and the Casino, which was the sort of so- ciety from which Colonel Browne was lately ejected: " Who ever," said the Solicitor-General, " was seen for any proper purpose going to a masquerade in this sort of dis- guise ?" What a pity that her Ma- jesty did not, to suit the view of his learned friends, go to the mas- querade in a state coach, with coachmen in splendid liveries, with lacquies bedizened out from head to foot with all the pomp and show of state ceremony I What pity she did not, on ?ucli an occasion, adopt this suitable and becoming state paraphernalia, instead of quitting her house in a private coach — in- stead of going out throu,di a back- door ! Why had she not the eyes of the world upon her when she went forth, instead of qiiietl}' pass- ing without pomp or show .f* It wasawonder that his learned friend did not go on and say, '• Why did she and of whom the witness could not say ! It was also stated, that on the 12th of April — (for their lordships would observe his learned friend never forgot dates — his particularity was in this respect remarkable) — on the 12lh of April, at Sadouane, he had stated that the access to the Princess's room was through Ber- gami's, in which no bed was. But passing over this and a number of inefi'ectual attempts to obtain an- swers from Demont, in conformity with the statement, he would re- call their lordships' attention to the statement of the allegations which it was intended through Majocci to substantiate. ills learned friend had said, " that the Princess remained in Beraami's bed-room a considerable time,while he was sleeping there, and the wit- ness then distinctly heard the sound of kissing." Now, what did Majocci himself say in tliis pare of his testimony? He distinctly said " that she remained the first time about 10 minutes, and at another time 15 minutes," and lie only heard " whispering." Then, again, in Sacchi's evidence, wlio v.as the courier that brouglit the answer back to Milan, wiiich he was to deliver to Bergami, by Bergami's own order, at whatever hour of the night he returned, — his learned friend stated, that tlie courier, (which courier was Sacchi, ) on repairing to Bergami's bed-room, did not find him there, but soon after observed him coming from the direction of the Princess's room ; and that Bergami then told him the cause of his being out of bed then was, having heard his ciiild cry, and that he had gone to see what was the matter. But when Sacchi was brought to give his evidence, not a word of this came out in answer to the repeated questions put to him to elicit such a corroboration of the statement. Then came next in order the dis- graceful scene which was represent- ed to have occurred at the Barona, so disgraceful, that his learned friend declared it made the place in which it was transacted deserve rather the name of a brothel than of a palace. His learned friend asserted, when he gave it this de- signation, that he w-as prepared with theraost entire and satisfactory proof to show, that so disgusting was the scene, the servants became shocked by what they were obliged to witness Her Majesty, accord- ing to the Attorney- General, had become at this time deserted by all the English persons in her suite. These were the words of 15 his learned friend : — '' It was cer- tainly very singular, that on leaving Naples her Majesty was abandon- ed by tlie greater part of her Eng- lish suite. Mr. St. Leijer, it was true, had quitted her before ; he left her at Brunswiclc, and he therefore admitted that no infer- ence could be drawn from his case. But,on herM ajesty's dejiarture from Naples, Lady Charlotte Lindsay and Lady Elizabeth Forbes were left beh.ind. No, he begged par- don ; Lady C. Lindsay did not leave the Queen until they were at Leghorn, in March 1815. At Naples, however. Lady E.' Forbes, Sir W. Gel], the Hon. Mr. Craven, and Captain Este, certainlj^ did se- parate from her. Thus, of the se- ven persons who composed her Majesty's suite when she left this country, no less than four left her inNaides." But his learned friend forgot that, of these persons whom he so hastily dismissed from her Majesty's service at Naples, she was afterwards joined by Lady Charlotte Lindsay. How did it happen, he would ask, if the Prin- cess's servants had become so sliocked at the occurences at the Barona, that they never communi- cated their astonishment to the servants of Lady Charlotte Lind- say, with whom they were in hour- ly communication ? Was it likely that such feeling, if it pervaded the servants, would be kept as a grave- like secret from first to last by those who were the depositaries of it? But, after Lady Charlotte Lind- say joined the Princess, Lord and Lady Glenbervie came,Lady Char- lotte Campbell came, and others equally honourable and equally virtuous : and yet, notwithstanding the servants were, as it were, as- tounded by the practices then oc- curring at the Barona, there was not one whisper to the servants of the English personages of rank who rejoined her Koyal Highness as part of her suite. Tl)ese joined her Royal Highness after thescenes at the Barona ; some met the Prin- cess at Naples, some joined, her at Rome, others at Leghorn, Aye, at even much later periods her Majesty, was attended by illustri- ous company. The Queen's com- pany, in fact, became rather im- proved than neglected, at the time alluded to. She was constantly received, and with suitable respect, after her return from the long voyage. She was courteously re- ceived by the legitimate Sovereign of Baden, and the still more legi- timate Bourbon of Palermo. She was courteously treated by the legitimate Stuarts of Sardinia, whose legitimacy stands contradis- tinguished from the illegitimacy of the family whose possession of the throne of these realms stands upon the basis of public liberty and pub- lic rights. She was received even by a Prince who ranks higher in point of legitimacy ^the Bey of Tunis. (A laugh.) She was also received with the same respect by the representative of the King at Constantinople. In fact, in all those countries she met with that recep- tion which was due to her rank and consideration. He trusted their lordships would suffer him now to dwell more minutely upon the statement of the case as open- ed by the Attorney-General, and the case as proved by his learned friend. The case, as opened, it was of no little im])ortance to dwell upon. Was it not marvellous to have such a case, and to be capable of adducing in support of it such witnesses' as had been adduced? Was it not, in the next place, more marvellous to find that such a case 16 was left so miserably short, as it must be admitted this case was left, in comparison between the evi- dence and the opening statement? In the ordinary cases of criminal conversation, the two very wit- nesses wlio of all others weie deem- ed of the utmost importance were the female's woman in attendance, and the man's body-servant or servins:-man. These were thescr- vants who must know the fact, if the criminal conversation took place. They had these witnesses here ; they therefore had their case under the most favourable auspi- ces — they had the man's valet, and the woman's maid. These, in an or- dinary ease, would be deemed con- clusive witnesses. The man's ser- vantwas rarely to be had forthe pro- secution, from the nature and man- ner of the action ; but if counsel could get the female servant, they generally deemed their case proved. They had also, if their case were true, the very extraordinarj', un- accountable, and unprecedented advantage of having parties to pro- ceed against for the fact, who, from beginning to end, concealed no part of their conduct under the slightest or even most flimsy dis- guise. Throughout the whole of the proceedings these parties, knowing they were watched, dis- carded all schemes of secrecy — showed an utter carelessness of the persons who were watching them — threw off all ordinary trammels — banished irom their practice every suggestion of decorum and prudence — and, in fact, gave them- selves up to the gratification and indulgence of their passion, with that warmth which is only found in the hey-day of young ulood, and with that utter indifference to re- serve which marks the conduct of those who are joined together in those bonds which make the in- dulgence of their passion rather a virtue than a crime. There was no caution or circumspection here. If they believed any one j)art of the evidence relied ui)on by his learned friend the Solicitor-Gene- ral, there was not only no caution used by the parties to prevent dis- covery, but every thing which the most malignant accuser could re- quire to fortify his case was left open by the parties who were to suffer by the proof. He entreated their lordships to observe how every part of the case was left open to this remark ; and, after having en- treated them to bear it in mind, and apply it hereafter when they came to consider the evidence, he should simply observe, tliat just in proportion as the conduct became criminal, and of the most unques- tionablj' atrocious nature and cha- racter, exactly in the same propor- tion would the parties be found to have taken especial care that dur- ing their commission of the act they had present, and seeing it, good witnesses to detect and ex- ])ose them for their conduct. Thus it would be seen that they were sitting together in familiar proximity. The act is also seen with the addition of the lady's arm round the neck, or behind the back, of her paramour. When it is necessary to trace their conduct a step higher in the scale of crimi- nality, and to exhibit the parties in such an attitude as to leave no room for explanation or equivoca- tion, the act is done, not in a cor- ner, apart from any scrutinizing eye, but in a villa filled by servants, and where hundreds of workmen are at the very time employed; and all this too is done, all this sa- luting is performed, in open day, and exposed to the general gaze- 17 F.speclal pains are taken that the slander shall not be secret, but, on the contrary, that it shall be liable to the most widely-ditfused publi- city- It would not do that Ber- t^ami, upon his departure on a journey from the Queen, while in Sicily, should salute her Majesty before the servant entered the room. No ; the exhibition of that act was reserved for the presence of a servant to tell it. The same was the case in the story about Terracina. All the parties were on deck ; they could not take the salute in their own cabin ; it must be delayed until Majocci enters to witness it. Even the act of sitting on liergami's knee upon the deck is adjusted in the presence of the crew and passengers. Care is taken (hat it shall be directly seen by at least eleven persons. The frequent and free saluting on the deck, which, when committed in a particular manner, must leave little doubt of the subsisting intercourse between the parties — even that must be done, not at night, nor in the dark and privacy of the cabin, but before every body and in open day. But the case which their lordships were called upon to believe was not left there, for the parties were represented as hav- ing taken the indispensable precau- tion of granting even the last fa- vours within the hearing of wit- nesses. They were described as habitually sleeping together in all their journies by land and sea. She could not even retire to change her dress but Bergami must attend in the dressing-room — first, of course, the parties taking care to have a witness present to speak to the fact. He could not dwell with calmness upon the representalion of these disgusting scenes, with the peculiar features of enormity which Vol. n.—xVo. 13. were attached to tfieni, witfiont re- pealing, that exactly in propor- tion as they partook of the most aggravated character, and denoted an utter contamination of the mind, precisely in that extent were in- creased pains taken that they should not be done in a corner. No hidden places or recesses were selected or chosen by the parties for the free and safe indulgence of their passion from the prying eyes of those about them. They sought nosecluded chamber in those places of abomination so well known upon the continent, and which are de- graded under the dignified name of palaces. The parties took no opportunity of seeking those hid- den haunts of lust which might have been so hastily found. They sought no island among those which were the seat of such scenes in the times of antiquity, when society was less scrupulous of the conduct of its members than now. They sought no haunts among the Ca- preae of old, to revive in them those lascivious acts of which they were the ancient scene. They acted, on the contrary, before witnesses — they conducted themselves in open day-light, in the face of couriers, servants, and passengers- Was ever folly so extravagant disclosed in the most unthinking acts of that youth- ful period when the blood boils in the veins > Was ever, even then, in that proverbial periodof thought- less levity, a being so recklessly insane as to have acted in this man- ner? There never was, he be- lieved, such an instance in the his- tory of human passions. The con- duct of the parties did not stop here ; for, lest the witnesses who saw the acts might not easily be forthcoming for the enemies of tlie accused, they were every one of them discarded by the persou wl^o D IS was to be tlie victim of their testi- mony. They were successively dismissed either for cause or with- out it — indeed, he might say, most of them without it, for the cause stated was of the flimsiest kind. This dismissal was followed by a positive refusal to take them back, when every human inducement would have prompted the Queen to have permitted their return, if she had any reason to dread their re- sentment. Each of the witnesses who had to perform a part in the Italian drama was successively dis- missed, and this at a time when the Queen v/as aware of the pro- ceedings that were pending against her, and of course was interested in whatever testimony they had to give. But was this all that the Queen had done to show her utter disregard for the efforts of her ac- cusers? Did she not face them, when she might have easily and honourably avoided their malice i When that opportunity was afford- ed her Majestjs she was counsel- led and implored to pause and re- flect upon the opportunity then offered to her — she was warned to consider before she faced her ene- mies — she was entreated to be- think herself well before she ran into her case : and what had been her conduct ? Her instant deter- mination was to come here to Eng- land without I'elay, and to con- front her enemies. Up to the very last moment her conduct displayed the same magnanimity; up to the last moment she refused 'he offer of a magnificent retreat, v.liich would have enabled her not only to indulge whatever propensi- ties she pleased widiout control, but even to move abroad with the safeguard and vindication of her honour formally pronounced by the two houses of Parliament, If this w6re the conduct of guilt, then all he could say was, tliat it was the most extraordinary in- stance of its display which he had ever heard or read of. If these were the means to which vice ad- hered, then he could only say they were not to be traced to any known spring of human action. With re- spect to the manner in which the proof of the case had been left, he was bound to remark, that it was left in such a manner as would be deemed fatal in any ordinary case. Such a statement was unparallel- ed. Nothing could be more dis- tant from his intention than to a- scribe a motive too like that mo- tive which was commonly attribut- ed on the other side. Far was it from him to attribute the forma- tion of a conspiracy against the life or dignity of the Queen to an)^ in- dividuals, however high in rank or notorious in power; but if an irre- gular course had been pursued, to whose account was that irregula- rity to be laid ? On the contrary, all the specimens of their forth- coming evidence were, as far as al- ready admitted or understood, al- together equivocal and ambiguous. Well might their lordships cordial- ly agree to this measure, if they looked not to after-consequences. He would not say that it was a conspiracy against her Majesty ; but he would say that no set of conspirators (be they who they might) could have marked out a common story answerable to their purpose other than that which had been pursued through the entire preparations of the business. They could not do better than get rid of this bill of pains and penalties. Their lordships would of course look to the evidence and examine and sift it as to its solid worth, long before they could form a dis- 19 position (to say nothing of judg- ment), independent of what had appeared in evidence at their own bar. Now then, when he ventured to allude to what was called on the other side minute and circumstan- tial evidence — when he approach- ed that subject of all delicacy — those points on which the Attor- ney-General seemed to feel so sore — on the first blush of such evi- dence ; let the merits of this evi- dence be fairly discussed, let it be examined, let the whole matter be fairly canvassed. But if it were possible that a grave and serious design were accidentally formed amongst any set of individuals ; if it were possible that a design (far was it from him to say a con- spiracy) — if it were possible for a design, and not a conspiracy, to be so formed; if it were possible that, with an artificial avoidance of that name, all its effects were re- alised, how then would their lord- ships be disposed to look at this mighty question? What was the general character of that evidence? Their lordships well knew — the vrorld at large also knew — that the first act, the prime resource, of those who directed their aim a- gainst domestic happiness was the corrupting of menial servants. He did not charge that description of persons with any general disposi- tion to commit crimes ; it was enough for him to bring before their lordships the undoubted, the incontrovertible evidence, though facts were sworn to, which facts in their own nature admitted of no disproof. Never before had the private peace of any individual been so assailed. It was not usual thus to expose the domestic cir- cumstances of any family, or to trespass upon private comfort in a ■Way so careless. Undoubtedly their lordships had been well ad- vised, well persuaded : they had. indisputably proceeded on reasons equally firm and obvious when they excluded her Majesty from some of those advantages possessed by every other subject of this realm. Evidence, such as it was, that had already been produced, was of a description quite singular, exclu- sive, and appropriate. The wit- nesses produced at their lordships* bar, in support of the charges made by Mr. Attorney-General, were indeed involved in a sad confusion. Their lordships would have the kindness and the attention to dwell on this part of the subject. Wei'e menial servants — were persons who had for a long time acted in that capacity —were these (and he press- ed the question on their lordships) fair witnesses in a court of equity, or in any assembly proceeding up- oai moral rules ? He was, he could assure their lordships, as much dis- posed to respect the sanctimony of an oath, even when taken by foreigners, as any individual in the land. He respected the sanctity when it came from the mouths of his countrymen, and he respected it also from the mouths of foreign- ers. But if there was a community in Europe stigmatised and degrad- ed below the average estimation of European communities — and he could assure them that he meant no disparagement to the Italian character in general — many were the proofs, or testimonies, on this occasion. What ! were the peers of England to be thus engaged, day after day, and month after month ? What was the real cha- racter of this evidence ? The wit- nesses advanced, and shewn at the bar of their lordships, were wit- nesses extracted from a foreign land, imported at a prodigious ex- so pensc, and under none of those re- straints Avhich pressed upon wit- nesses chosen from the mass of the community at home, and retiring, after making their depositions, in- to the bosom of that society. This was not the sort of testimony with which the people of England Avould be satisfied ; it Mas not testimony that couid satisfy their lordships. He knew them too well to sup- pose that feeble or imperfect evi- dence would ever be received by them as a fair ground of proceed- ing with a bill of pains and penal- ties. Such a proceeding could on- ly be compared or assimilated to prosecutions and trials in periods long gone by, under a reign bear- ing, in some of its features, no dis- tant similarity in some respects to the present. All that malice, all that interest or power could de- vise, was tried during the reign of Henry VIII, both in England and in Italy. In the present case, they had an immense production of evi- dence, all of an unusual kind, and forming a singular and extrava- gant contrast with that species of evidence which his learned friend (the Attoi-n^-y-General) had given them reason to expect. But, in- stead of fidfillingthese expectations, what had actually occurred ? Many of the statements, strange and in- credible as they were, becaipe much more so as detailed from the lips of the witnesses. Let their lordships fairly look at the means used in the collection of such evidence. Actual power, de- veloping itself with a liberal hand, had been busily at work. It was not the wide hand, or open purse — no, not even the most pre- cious streams of royal bomity, which had perhaps overflowed upon this occasion — that had pro- duced allj the effects which they wevp now considering. Ther» was reason to suppose that power had been exercised as well as in- fluence, and compulsion applied where other motives might not prevail. What was, in fact, the description of evidence adduced on the other side ? In the first instance, it appeared that wit- nesses (designed originally for that distinguishable character) had been on divers occasions trans- formed into messengers ; he would not call them by any harsher name. Keeping, as this their new capa- city enabled them to do — he meant their lesson — steadfast in their minds, where was the wonder that they should ultimately join in the same story ? How, after so many interviews, such long-con- tinued social intercourse, and the exchange of so many mutual af- fections, could they be conceived to st^te any thing in itself incon- gruous or discordant.'' Accord- ingly they seemed to have certain fact-s treasured up, embalmed as it were in a perpetuity of recol- lection ; although, when tried up- on other topics, or when their at- tention was drawn to other cir- cumstances, equally memorable^ the faculty seemed to abandon them. Their leading man, the captain of this horde of witnesses, the great delineator of the plan of accusation, Majocci, the renowned Majocci, himself testified to what ? To any positive act of criminality ? Oh, no i What, then, did he tes- tify to.!' any thing which by a li- beral or judicious mind could be admitted as indicative of crimina- lity ? Strange it was, but import- ant to be observed, before he en- tered upon a closer examination of this person's declarations— of the statements of this true and faith- ful creature — well did it deserve 21 to he noted, that even his testi- mony fell tar short of the charges as set forth by Mr. Attorney-Ge- neral. He conjured them also to bear in mind that there was not one of the" Avitnesses'who had ap- peared at their bar who had not previously been examined, and who had not made some deposi- tion before the Milan tribunal. Let them now then Avell mark the distinction ; let tliem contrast with these persons the rank, station, chai-acter, and conduct, of those individuals to whom, indeed, Mr. Attorney-General had alluded in his opening speech, but whom he did not choose to call in support of his allegations. Not one of the witnesses on the other side, not one of the persons employed to destroy the reputation of a Queen of England, not one was to be found who had not gone through the discipline and drilling of a Milan tribunal. At that great re- ceipt of perjury — (and he meant nothing disrespectful to any par- ticular member of the commission) — but at that storehouse of false- swearing, and all iniquity, was every witness against her Majes- •^ ty the Queen regularly initiated. How could it be regarded as ne- cessary, with a view of purifying evidence, that it should first under- go a drill at Milan ? However captious some persons might be inclined to appear, he doubted whether they would require a pro- bation of this sort. But, indeed, it had turned out not only that witnesses had been long kept in England, but that many had been maintained on the opposite coasts of Holland and France. It ap- peared, too, that they had been maintained at an enormous rate, far beyond every rule of propor- tion that ought to have been ob- served. Sacchi, who had filled a post abroad, not above the oflice of a servant in his most prosperous days, lived in splendid idleness for a long time in England, en- joying for that period the luxury and attendance of a field-marshal. Why were the witnesses on the other side thus concealed, or thus entertained ? Small indeed had been the services of these people Avhen they were thrown into the balance, and compared with their remuneration. Was it not also a matter well entitled to their lord- ships' attsntion, that these wit- nesses should have been cooped up together, week after week ? that they should have been forced into intimate society, and their motives necessarily brought into resemblance, and their objects in some degree identified ? It was remarkable, too, that they were sorted, not as much with reference to the countries from which they came, or the languages in which they expressed themselves, as with regard to the depositions which they were to make. It was not his wish to pass any censure upon this rare coniuhcrnium, the select societj^ of Cotton-Garden. Impri- soned as its members were, they were rather objects of commis- seration than of angry invective. Strangers to this land, knowing as little of their lordships as their lordships cared about them, what did their evidence, fairly weighed, amount to .^ It had indeed been contended that Italian evidence was as respectable, was of as high authority, as evidence derived from any other soiirce. In order, then, to form a clear estimate— to introduce some light on this sub- ject, he would refer to opinions entertained, and to views taken in other times, and in alluding to 22 ■which he could not possibly be supposed to indicate the slightest analogy with any occurrences of the present day. When he se- lected the reign of Henry VIII, he was sure that their lordships would join him in regarding that as the era most fertile in prece- dents for the measure now before them ; but which did not, he be- lieved, afford a complete prece- dent for it in any point of view. Vet it might be curious to inquire what was the estimation of Italian evidence throughout Europe at that time of day. It was upon record, it rested on the best his- torical authority, it was transmit- ted under the sanction of the names of eminent Italian jurists, that witnesses might be fovmd in that country at a pretty cheap rate to authenticate or controvert any story. The grave doctors of the imiversity of Bologna declared, after a solemn council, and by a decree which they subscribed si- ^illaiim, that having well and jnaturely considered the whole iriatter between Henry VIII and Catherine of Arragon, they were of opinion that his Majesty the K'mg of England ought to be divorced from his wife. There ■was at that time something in ex- istence not very luilike a late com- itnission at Milan — an institution ibr drilling witnesses previous to their exhibition in open day. — Could he look at such witnesses, and not feel how applicable to them was the language of a great orator and philosopher of anti- quit}^, when describing indivi- tbials not very dissimilar, and when alluding to the absence *)f that kind of testimony which was most desirable :- — " Siwt in iUo numcro mulii honi, docli, pudefi- Icj?;, qui ad hoc judicium deducti non sunt : midti piidentes, iUiterali, le- vcs ; quos variis de causis video con- citalos. Verumtame7i hoc dice de iolo genere Grcecorum : qiiibiis jus- jurandumjocus est : testimonium, In- dus : existimatio vestra, tenebrce ; laus, merces, gratia, gratulatio, pro- j)osita est omnis in impudenti men- dado." To come, however, to that period of our own history to which he had already alluded, it might be of importance to remind their lordships of some circumstances which hadbeen carefully preserved by a most faithful and honest his- torian. The author in question was Bishop Burnet, a man whose minuteness and accuracy of nar- rative were alike admirable. At that time it was deemed politic by the English government to in- stitute certain inquiries in Italy. They were conducted under the superintendance of a gentleman, who, he had no doubt, if now living, would be described by his learned friend the Solicitor- Gene- ral as being a most profound and skilful person, eminently conver- sant with the laws of his country, and whose name, by a strange co- incidence, happened to be Cooke. No doubt he was a man of the ut- most probit}^, and extremely learn- ed in the law ; but his commission and achievements in Italy were now matter of historical discussion. Let them hear, then, Bishop Bur- net. These were the tei-ms in which he spoke of the mission, and of the way in which it was executed: — " But Cooke, as he went lip and down procuring hands, told those he came to that he desired they would write their conclusions, according to learning- and conscience, withovit any re- spect or favour, as they would an- swer it at the last day ; and he protested that he never gave nor 23 promised any divine any thing till he had first freely written his mind, and that what he then gave was rather an honourable present than a reward." In a letter to Henry VIII himself, the same worthy personthuswrote : — " Up- on pain of my head, if the contrary be proved, I never gave one man a halfpenny before I had his con- clusion to your Highness, without former prayer or promise of re- ward for the same." Thus they found that, even at that time, the distinction of the civil law be- tween reward and compensation was clearly recognised. Amongst the dispatches then sent from Ve- nice by Mr. Cooke to the British government were some rather sin- gular and instructive specimens of diplomacy. It was matter of a- musement to attend to the account rendered by this individual on one occasion. What he was about to quote before their lordships, in the way of general illustration, was the copy of an original bill of expenses, or rather a part of it, audited and signed by Peter a Ghinucciis : — " Item, to a Servite friar, when he subscribed, one crown : to a Jew, one crown ; to the doctors of the Servites, two crowns ; item, given to John Ma- ria, for his expense of going to Milan, and rewarding the doctors there, 30 crowns." In another letter, the same excellent mission- ary thus expresses himself: — " Al- beit I have, beside this seal, pro- cured unto your Highness 110 subscriptions, yet it had been no- thing in comparison of that which I might easily and would have done; and at this hour I can as- sure your Highness that I have neither provision nor money, and have borrowed a hundred crowns, the which ai-e spent about the get- ting of this seal." But on the sub- ject of Italian evidence there was authority even yet more direct, and less susceptible of controversy. There were numerous individuals, natives of that country, Avhoni he had the satisfaction of knowing, and for whose characters he che- rished an unfeigned esteem. But when he had to speak of the com- monalty, and especially with a view to the sin of false swearing, it was hardly necessary for him to dilate on the notorious facility with which they could allege what was false, or deny what was true. Italy had been described by one who kncAv it well — its language, its manners, and its morals — as that part of the world in which, if re- morse could be thrown awaj^, every end might be easily attained — that was, every end which depended on perjury or fabrication. He was, however, drawn aside from the immediate question^ and for this digression he craved their lord- ships' pardon. The aim of his preceding observations had been to impress on their lordships' at- tention the extraordinary nature of the evidence in this case. There was, indeed, in that evidence, a most surprising conformity ; but it was a conformity most unfavour- able to the statement of the At- torney-General. His learned frientre to invent a story entirely, if he Avcre to form 29 it completelj of falsehoods, the re- sult woiird be liis inevitable detec- tion and exposure ; but if he built a structure of falsehood on the foundation of a little truth, he might then, by using some degree of address, place an honest man's life, or the life and character of an illustrious Princess, in jeopardy. If the whole edifice, from top to bottom, should be built on fiction, it was sure to fall ; but if it was built on a mixture of facts, it might put any honest man's life or re- ])Utation in jeopardy. He (Mr. Brougham) only wislied their lord- ships to contrast with this minute recollection of rooms, doors, and j;orridors, the circumstance of Ma- jocci not having the slightest re- collection of a whole new wing added to the house in which her Majesty had lived. He recollected the slightest alteration respecting a bed-room or chambers in the house, but he recollected nothing of a wlicle new wing added to that house. This showed the dishonest character of the whole testimony. Of the same nature was his evi- dence when any calculation of time was required. He observed the most trifling distinction of time when that suited his pur|jose, and lie recollected nothing elf time when it was inconvenient for his object. In proof of this, their lordships were requested to refer ag'ain to the celebrated scene at Naples. This witness remembered down to minutes the time which her Ma- jesty had passed at two different times in Bergami's room. The first was from 10 to 15 minutes, the second from 15 to 18 minutes. Here the mean time was 16 mi- nutes and a half The witness went to the window, and fired a gun, exactly 3 minutes afterwards. Here the mean time was given at once. A quarter of an hour was then stated with equal accuracy, and afterwards three quarters of an hour. All this was in answer to his learned friend ; all this was in the examination-in-chief; all this was thought by the witness essen- tial to his story ; all this was to garnish the story with an appear- ance of accuracy essential to his purpose. But such minute accu- racy was of use, not to him, but to the Queen. When it was of use, not to the prosecution, but to the defence, then he could not recol- lect whether it was a whole night, or eight hours, or any definite pe- riod, " Why could you not recol- lect the period of time on this oc- casion as well as on the other occasions ? I had no watch. — Had you a watch when you reckon- ed a minute, and the fraction of a minute? No," — Why, then, did Majocci know the precise time on one occasion, and not I'e- collect any thing of time at an- other occasion ? He pleaded the want of a watch only when the de- fence could be served by time, or when he was asked something which he conceived their lordships would consider of importance for the defence. Majocci answered no categorical questions. When ask- ed as to the number of sailors pre- sent, he could not tell whether it was 2 or 22. As to place he was equally in fault. Although he slept in the hold of the ship, and all who slept slept in the hold too, he could not tell the others that slept at any time there by day or by night. Therefore he (Mr, Brougham) could ask their lord- ships, whether any person ever ap- peared as a witness whose testi- mony was so varying, and so ex- actly suited to the character which the witness was to support i But 30 this was not all. The answers *• I don't recollect," and " I don't know," were such as could not by j)ossibility be true, if the answers iriven in the examination in chief were true : as, in tiie instance to which he had referred in Naples, if the minuteness sworn to in his examination in chief was true, and founded in ftxct, it was impossible that he should have no recollec- tion of the matters to which he was cross-examined. If it vvas truth that the rooms and doors were as he described, he could not by possibility know and re- collect tiiat, and be in total ig- norance of the other parts of the house. In the same manner, this Avitness knew nothing of Mr. Hughes; he never knew a banker's clerk; he knew nothing of the name; he had never known any of that name, or any banker's clerk. But when he saw that he (Mr. Brougham) had a letter in his hand, and before he had in any thing re- freshed the witness's memory, he clearly showed that he had never forgotten either the name or the place. By the demeanor of the witness, too, and the tenor of his answers, their lordships must have seen tlie same change evinced. Majocci gave as his reason for this inconsistency, that familiarity had made him forget the name and occupation of his familiar. The ground of forgetting liis trade was the familiarity which formed the ground of calling him " brother banker." It was very manifest that Majocci was not very willing to give the name, or the trade, or the place of residence, of any one with whom he had been acquainted ; for what reason he (Mr. Brougham) wouldleavc their lordshi[)S to judge. But, before he should be done with this witness, he would give another instance of his dishonest intention. Their lordships recollected the shuffling prevaricating answers he had given respecting the receiving of money. He had first told that Lord Stewart had given him money at Vienna. Afterwards he had twice over sworn that he had never received money at Vienna from any person. It was the same as to his receiving money at Milan, " I remember to have received no money at Milan — 1 rather believe I received no money — Rather no than yes — Non mi i^icordo." He (Mr. Brougham) had some guess what evidence this witness must have given when he laid the foun- dation of the favour which he had since uninterruptedly enjoyed. When he had been laying the foun- dation on which his fortunes were to be built, their lordships would recollect that he knew a great deal. In the opening speech of his learned friend, much was stated which this witness was expected to prove. As an instance, their lord- ships would recollect that Majocci was to have proved that the Queen and Bergami had been seen kiss- injr one another in a bed-room. Did Majocci swear this? On the con- trary, the witness negatived it in the completest manner. It was only whispering. This single in- stance showed the whole character of his testimony ; but he would give their lordships others quite as fatal to the credit of the witness. He would shou' to their satisfac- tion that Majocci had told one story to the instructors of his (Mr. Brougham's) learned friends ; but that when brought to their lord- ships' bar he told a far different story, probably from knowing the facts and documents which he (Mr. Brougham) had got in his posses- sion, but more probably fronci hay- 31 ing forgotten part of his mvention. This partial foi'getfulness was much more likely, where the whole was an invention than where truth was the foundation of testimony. So it was in this case. Majocci re- collected part of his testimony. " Yes" was ready for the (^ueslioii. But parts he did not recollect. It was perfectly evident that what oqe saw was far more intensely and permanently impressed on the mind and recollection than what he might afterwards invent and add to his actual observations. Ihus it was that Majocci recollected part, and forgot other parts. He had been asked whether he had seen any one bring broth to her Royal Highness ? \es. — "Do you know whether any ' entered tlie room with "her Royal Highness .^ I don't recollect. — After Bergami had entered the bed-room (assum- ing that he had seen him enter), did any conversation take place ? Yes." Well, but conversation might be very innoceat; that would not do. " Was there any thing else t" This question had been asked because Alajocci must have sworn something else before. To elicit that now, he M'as asked, if there was any thing else ? There was, in fact, something which his learned friend wanted. But Ma- jocci forgot part of his invention, as always happened to certain per- sons whose names he would not mention to their lordships. Tlie something given in answer, there- fore, was " only some whispers." If it were said that whispers were all that bis learned friend meant, he would say. No. His learned friend had opened very different facts ; but besides, from the examination of the Solicitor-General, it was evident that more was expected. " Ay, but was there any thing more ?" Whispering would have satisfied, if nothing further had been sworn before. But the in- quiry was pursued : — " Did any thing at any other time occur ?" Oh, it might not be at that time : was there any oiher thing at any other time? — •" Whispering," said the witness again. Another in- stance, to the same effect, he would call their lordships' attention to. He hoped he was not too minute. He felt it necessai-y to enter into this detailed investigation, for it was so tliat conspiracies were de- tected. " At Genoa you saw her Royal Highness riding upon au ass? Yes." There was something, however, expected,^ more than that fact. There was nothing indeco- rous in riding upon an ass by day- light. " Did you make any ob- servation ? What passed.? He held her." Very well ; there was a great deal in holding her, and a great deal might depend upon the nature of the tenure. " What else ? He held her from falling." Aye, that won't do. His learned friend was not satisfied with that, having had somethino- in liis hand which the witness had sworn be- fore, and not knowing that it was a different, a very different thing, for a false swearer to recollect his fiction, and for an honest witness to recollect what he had actually seen. His learned friend, there- fore, proceeded : "Kid you make any other observation ? No; they spoke together." A number of other things might be recalle.i to their lordships' recollection to the same effect. The witness stated respecting the breakfast what others had stated. What was fact he recollected ; but what he said he did not recollect, was as cleai' as Wiiat he did recollect; and if his recollection were true, he would 52 have recollected as well other facts was not, he could proceed no far- as those he pretended to recollect, ther. It was therefore very wise He (Mr. Brougham) must also re- and prudent in the robber to take mind tlieir lordships of the incre- this precaution : but for a person dible story told by Majocci, when going to commit adultery in the he would have them believe that next room to look in the face of the Queen, having free access to him whose mistress she was, and Bergami's room, through rooms that person tlie Princess of Wales where no person slept, ''she chose — when the very looking condemn- rather to pass through an occupied ed, exposed, and convicted her — room. The witness would at first this was the most incredible, the have represented that there was most silly invention that could be no other access, but, after much made. Butitwas providentially and equivocation and perjury, he ad- most happily ordained, for the de- mitted that there was another ac- tection of guilt and the defence of cess; yet, having admitted thatthe innocence, thatsuehinventionswere Queen had easy, safe, and ready often carelessly put together ; and access to the place of guilt, he re- heretheinvention was,inparticular, presented that she preferred pass- thoughtlessly put together. With ing through another room where respect to Bergami's dining at Ge- Majocci slept — where he slept in noa, Majocci was contradicied by a bed without curtains; that she the other witnesses. When asked preferred passing through a room if he did not recollect liis being so small, that she must have touch- at dinner when ViUascarti, the ed the bed — through a room where courier, arrived, he kneu- notlung a fire was burning ; and, what was of such a person. But when ask- most monstrous of all, they were ed whether he remembered knock- to believe that, to make detection ing at Bergami's room-door, he re- sure, she stopped in her passage plied, " I remember perfectly when through the room, and looked in ViUascarti arrived." Then, recol- the face of Majocci, to ascertain lecting the contradiction, he said whether he was asleep. The whole it was not on that account he re- of this story defeated itself. Why raembered it, but because thieves pass through a room where she had arrived and attacked the house must be observed, rather than that night., But there was one part through a room where none slept, of Majocci's evidence upon which where there was no fire, no nncur- he would rest as gross and palpa- tained bed, and no possibility of ble perjury. It was so gross and being observed .? Was she indif- palpable as to dispense with the ferent because it was a person she necessity of pointing out perjury knew nothing about, no servant of in other instances. He denied that her's? The looking in the face he had been dismissed by her was quite improbable ; but it was Royal Highness; but said he had a statement which one was very left her service because of the bad likely to invent in a country where people that were about her. This robbers were not few and rob- he said with the double purpose of beries not unfrequent. A robber raising his own character, and de- naturally came to the bed where a basing the Queen's. But he would lady slept, and looked in her eyes show this to be false from his own to see if she was asleep. If she mouth. When asked whether he 33 had not made application to get back, his answer was — " I don't recollect. Did you apply to Count Schiavini to be taken back? I did." The moment he men- tioned that, his assertion, that he did not recollect, failed ; there- fore, to save himself, he told them all — and very material it was for their lordships' consideration — "Yes, yes (co^z', cost), I did apply to Schiavini, but it was in joke." Now, their lordships would mark that. The former answers were probable, if this was in joke ; if not, they were positive perjui-y. If then this was in joke, what follow- ed he would have at once answered by " No.'' — " Did you apply to se- veral persons ? did you apply to Hieronymus? Non mi ricordo" This last answer was gross and wil- ful perjury, or the first answer was gross and wilful perjury. He (Mr. Brougham ) cared not which. The joke, in fact, was an invention to protect the other invention, or the story was perfectly incredible, that he applied in joke to Schiavini, and that he did not recollect whe- ther he applied to others. Their lordships recollected the manner too of this witness. He showed some flourishing and figure — " I wouldrather eat grass than go again into the service of the Princes^." Was it true, and was it the lan- guage of an honest man, that he would rather eat irrass than go back ; that he applied in joke to be taken back ; and that he could not afterwards swear that he had not applied to others to be taken back? Here then was the mystery unra- velled of Majocci's Non mi ricordo. His testimony was false, either one way or the other; he (Mr. Brougham) cared not which. He must now call their lordships' at- tention shortly to the next wit- Vol. U.—No. 13. ness ; it would be very shortly, be- cause those well-paid swearers ex- hibited a certain something in their demeanour which at once showed the value of their testimony. In courts of justice nothing was more sure to disclose the falsehood of testimony than a flippancy and pertness in the manner of telling a story. A false witness was always flippant and impertinent when pres- sed. As an instance of this their lordships would recollect that Pa- turzo, when asked whether the guns were on deck, answered '< Yes — they were not in our pockets." He (Mr. Brougham) only mentioned this, because his learned friend had said that this was a good, correct, unimpeachable witness, and be- cause his testimony had been re- presented in the opening speech as infinitely important. He would venture to say, at least, that a bet- ter paid witness, or better paid Ita- lian for any purpose, had never yet come to his knowledge. The money paid was upwards of £2000 ster- ling a-year to one who had been mate of a vessel in the Mediter- ranean, and who was now fourth- part owner, and as a means of making compensation to him in- stead of giving him a reward. The profits of the vessel, ac- cording to this calculation, were £8000 sterling a-year. This, in the Mediteranean, was equal to £l6,000or£20,000inthiscountry. Not one half of this money did any trading vessel in the Mediter- ranean ever make. In Messina the whole ownership would ' thought most fortunate that { > duced £400 a-year. That was a great income in that country.- — None but the noblesse was ever heard of that had £l500 a-year there. No such thing was known among traders or merchants. If F 34 any master and his* mate made such splendid fortunes, tlieir names woidd have resounded through Italy as the rich of the earth; and none would visit that country who would not wish to see them, and to have letters of recommendation to them, as eminent and distin- guished among their countrymen. The cobbler was known in history, but this master and his mate had never been known beyond the streets of Messina till they came to merit this large compensation. The mate made nothing equal to £2000 sterling a-year; this was his own storj^ The captain, as might be expected, had still more ; he had more than £2400 sterling a-year, besides having every ex- pense of travelling, living, and per- haps clothing, paid. This too was given in addition to the profits of his ship, which was all the time sailing and earning trade, and in addition to the profits of the cargo. Yet it was only a compensation. The captain was paid all this mo- ney as compensation, not as recom- pense ! This master had had a quarrel connected with his testi- mony. He told with some naivete that himself, his mate, and 22 men, had been engaged, including profits, expenses, and trade, for one-fourth less than he now re- ceived for coming over to swear upon this occasion against the royal personage whom he had then served. But he added, that when royal persons made engagements with him, the uncertain profits were g-reater than the certain con- tracts. This was a great truth, well known to many there, that something certain Avas often stipu- lated, but that still more was often given as honorary and voluntary compensation. The master was not, therefore, to think his com- pensation limited here to ^62400 a-)fear. If one royal person gave him so much, and if that was no- thing compared to the uncertain allowances to be made to him, how much less would her illustrious husband and his servants be limit- ed to £2400 a-year if he pleased them — if he fully made out the case — if the case should come well through his hands, and no acci- dent befel him in giving his tes- timony. If he should succeed in this, he must get what would make a mere joke of the £2400 a-year. He (Mr. Brougham) had mention- ed the inducement of reward, but there was another inducement. — Was tliere no spite entertained to- wards any of the parties } The whole of his testimony was bot- tomed in revenge. He had dis- tinctly sworn that he had had a quarrel with Bergarai, whose bu- siness it had been, as chamberlain, to pay money for her Majesty, and that he had complained to his own ambassador of being deprived of c£l300. This was proved from the witness's own mouth. This ap- peared in pages 134 and 135 of the evidence. In consequence of this complaint to Count Ludolph, this witness, Gargiulo, became known to the English government. The only means they had of know- ing his name and place of abode was his complaint against the Queen, and his claim of £1300. At page 135 {Sec Vol. I, page 204), it was stated, " I have re- ceived nothing : nay, my minister and the colonel to whom I have mentioned it, told me that they knew nothing, and that I might go to London, and then might see upon this particular." He now came to Londonto see into it, and he would not see the less clearly that his evidence was of use. There were ;35 ether matters in this witness's tes- timony of a very peculiar character. He (Ml-. Brougham) thought that the Princess of Wales, stooping on a bed in a vessel with her arm round a gentleman, and from time to time kissing him, not a very ordinary sight even for nautical men, nor such a sight as they could forget. Yet the master and his mate forgot, or differed most ma- terially in the history of this mat- ter. The mate said he had seen the Queen sitting on Bergami's knee near to the mainmast. He (Mr. Brougham) stated this mi- nutely, because the mate consider- ed it important. The mate meant to say that his evidence was given with particular accuracy, if not correctness. Yet he said it was not on a gun that the Queen sat on Bergami's knee. Not one Avord did he say about kissing and si- milar facts, the most important of all. Their lordships would, there- fore, conclude Avith him that they did not happen. The captain, on the other hand, stated that it was on a gun, and not at the mainmast, that the Queen sat on Bergami's knee. But did they speak to the same time ? Yes, for the captain said the mate saw it at the same time. The mate, however, had not seen it, and his learned friends had not dared to ask him any questions i-especting it, because the captain had not had time to be trained sufficiently. He (Mr. Brougham) merely mentioned these circumstances to show that the story could not be true, because, if it were, such differences would be impossible. Yet those pure, fastidious, and good scrupulous witnesses, from places chaste and sacred as the garden of Eden be- fore the fall — from Messina and Naples — displayed a nicety of mo- ral caution that was exceedingly exemplary. The captain, because the Queen was seeif leaning ovey Bergami without touching him, desired the mate to go away, be- cause, on account of their relation as master and mate, he was bound to protect his morals, and also be- cause the ties of blood imposed a responsibility upon his conscience. Therefore he would not let his mate be near that part of the ship. He never said that the Queen wished him to withdraw, or that there had been any order from Bergami ; the guilty pair cared not who saw them : but the vir- tuous Gargiulo, reviving, in the modern Mediterranean, a nicer sense of purity than the ancient ocean there had ever seen, would not allow his relation to view such a pair, for when they were so near they might touch, and that in the presence of the mate Paturzo. — There might be those who be- lieved all this ; he could not ac- count for the belief of some ; but if there were not another thing- to be objected to Gargiulo and his mate, this was sufficient to prove that their testimony was not true. This wasall invented, or a fabri- cated and gross falsehood. The captain meant to improve the case, to take in cautious minds; per- haps to increase his claim to en- large the uncertainties, which with royalty were greater than certain- ties ; to improve his chance of ob- taining the £l300 for which he had come over to this country But one more statement of this witness he would mention, and then he should be done. He held up these witnesses as models of perfect art, as well finished ex- amples of their kind, as the best paid, and altogether such as ought to be esteemed very crack speci- 36 mens, displaying zeal in propor- tion to the much they had receiv- ed, and the more they expected. But happily there were limits to this art, as to all human arts, and if there were not, God pity the innocent against whom this mighty art might be directed. It was found here that the accomplished swearers could not make their tes- timonies tally without communica- tion after the firsthad gone through his examination, and before the other was begun to be examined. But the master and mate were evidently descendants, lineal de- scendants, of the doctors of Bo- logna. They were afraid to have it thought that they had spoken together on the subject of their evidence. They were living to- gether, lodged together in the same magazine, breakfasted toge- ther that very morning ; yet, with all this, from a degree of care that would do honour to the nearest relations, and which he wished all relations observed, they never en- tered on this subject, and that a subject which occupied the atten- tion of every mind in the king- dom. This was not peculiar to them, but the manner in which it was stated was peculiar. " I am not the man to speak of such a subject," replied the captain. — Why ? " It would not be decent ; it would not be fitting that I should say anything out of doors of what I have been asked here.- — Did you ever speak to the mate of it } O, never, never. — Did you agree that you should not speak of it } Did you determine that you should not say anything of it, and agree thus — ' You and I coming here upon one subject must not mention that subject the one to the other ?'" He (Mr. Brougham) knew notwhether the witness had understood this question, but his answer had beeti " Yes." One general remark upon this point yielded much satisfac- tion and consolation. Whatever injury this inquiry might do to the highest and most illustrious per- sons, whatever mischief to the con- duct and good case of social life might arise for some time to come from the details brought forward, one spot, one little land of Goshen, was sacred and pure from contami- nation. From all the impurities which offended the delicate, alarm- ed monarchs, and went so well nigh to contaminate the morals of the nation, one spot was safe ; and, strange to tell, that spot was no other than Cotton Garden, in this very vicinity. Let no person sup- pose that the danger was so great as it had been represented, or that there was any truth in the as- sertion that the island was flooded with impurity and indecency ; for Cotton Garden was pure and un- contaminated. Of all the unclean horrors which had been conjured up, it turned out that not one whisper was heard in Cotton Gar- den. There not a word was spoken, even remotely connected with a matter which so much vitiated the mind, and which debased, he wovild say, the reputation of this country. If their lordships chose to believe this, far was it from him to interrupt a delusion so pleasing ; it was delightful for the mind to repose on such a spot. If they disbelieved it, they must believe something else, and that was — that all the witnesses in this depot were perjured again and again. — The course of his observations had now brought him to some person- ages, even of greater importance than the captain and mate, how- ever pompously introduced by the Solicitor-General — he meant De- 37 mont and Sacchi. He trusted that he should be excused from coup- ling them, united } as they seemed to be by the closest ties, and re- sembling each other as they did in some of the most material particu- lars of their history. Both had lived under the roof of the Queen — both had enjoyed her bounty — both had been reluctantly dismiss- ed, and both had solicited to be taken back into place and favour. The bonds that originally united them had subsequently continued — they had lived in the greatest intimacy, not less in their native mountains of Switzerland than in England ; they had remained here nearly for the same period of time, above twelve months, and those months had been occupied by them in a manner best calculated to fit them for the service of their em- ployers, in obtaining a knowledge of the classic writers of our island, through an accurate study of our language. Incidentally this gave them a great advantage — only in- cidentally — for, modestly, they did not brag of their proficiency, but availed themselves of the assist- ance of an interpreter, which gave them an opportunity of pre- paring an answer to the question they had understood, while the interpreter was furnishing them with a needless translation. The other points of resemblance were many, and he would not fur- ther dwell upon them in particu- lar, because they would be illus- trated as he proceeded. He wish- ed, in the first place, to remind their lordships of what sort of per- son Mademoiselle Demont de- scribed herself to be, because it signified very little what he should be able to prove her, compared with what she had proved herself. He would take her own account. and he could hardly wish for more, though she might well wish it less with the most ordinary re- gard for her own safety, not to mention the sanctity of truth. — She was a person of a romantic disposition, naturally implanted, and certainly improved by her practice in the world. She was an enemy to marriage, as she stated in her letters, and did not like mankind in the abstract, whatever she might do in the particular — arnica omnibus qnamUbet inimica perhaps she might turn out to be in the end. However, she hated mankind in the abstract, only making an exception in favour of such a near friend as Sacchi, whom she dignified by the title of an Italian gentleman, though he, ungrateful man, would not return the compliment by acknowledging her to be a countess. Marriage, she said, she did not like — she loved liberty, " the mountain nymph, sweet liberty," — and in pursuit of her among her native hills their lordships would not fail to see into what company she had fallen. Were these to be reckon- ed among the accomplishments of this lady ? By no means : she was the most perfect specimen, the most finished model, of a wait- ing maid, the world had ever seen: none of her own writers, and none of ours, whom, no doubt, she had studied, had given such a pattern for imitation ; Moliere, Le Sage, Congreve, and Cibber, had all fallen far short of this admirable original. He did not mean that all her qualifications had been de- veloped at once : some of them had gradually made their appearance under the cross-examination of Mr. Williams, when she shewed that her education had done honour to her natural abilities; she had shewn 38 that she was gifted with great cir- cumspection, that she possessed much readiness in adjusting one part of her evidence with another, and great skill, if the eternal laws of truth allowed it, in blinding and deluding her hearers. She evinced not a little readiness in reconciling the story she had told with the contents of the letters produced, which letters she had not foi'got- ten, though she did not know that they were still in existence to be produced against her. Had she been aware of their preservation, and had her patrons known their contents, their lordships would never have heard of her ; she would never have been produced as a witness, but would have been shipped off as many others had been, like so much fresh meat or live lumber, for their native coun- try. But her constant mode was to deal in double eutendres ; Sacchi did the same, so that it was impossi- ble to know whatthey really meant; to them, indeed, might be applied what formerly had been said of the Greeks — tribuo illis Uterus, do multarum artium disciplhiam, non adimo sermonis leporem, ingeniorian acumen, dicendi copiam : denique etiam, siqua sibi alia sumuni, non repugno : tesiimoniorum religionem, etjidem iiunquam ista natio coluit : toliusque hujusce rei qua' sit vis, qua; auctorilas, quod pondus, ignorant. But the candour of Demont had been praised, and why ? Because she admitted that she was turned away for a story which proved to be false. He had heard her ap- plauded for other things, and es- pecially where she said she was sincere in some of the applauses she bestowed upon the Queen. In the same way she had been asked " whether she had not been in want ofmoney? Never. Did you not write to your sister that you were in want of money ? 1 hat may be so ; but if it were it was not true." This was called candour, and though in rerum natura there might be no connexion between truth and her statements, and though a thing's being false did not prevent her ei- ther from writing or speaking it, yet, to his no small astonishment, he had heard her evidence praised for its fairness by persons of mo- derate abilities. He need hardly remind their lordships, or indeed any man whose capacity was above that of the brute animals he abus- ed by using, what utter nonsense those talked who applauded the evidence of this witness for its candour. Demont asserted that she was insincere — she allowed that she had told numerous false- hoods; and what praise was due to that ingenuousness with Avhich she told the house that she dealt wholesale in untruth, and that no dependence could be placed on a syllable that fell from her lips .'' Yet, in the opinion of some per- sons, so captivating, so seductive a blandishment was this, that it blinded her judges to her faults, and opened their ears to all the tales of so accomplished and inge- nuous a liar. In anybody but a witness candour might be approv- ed ; but here, " Pure, deai-, inno- cent Swiss shepherdess, how inge- nuous thou art !" M'as the cry, and immediately all that she uttered was to be believed. Certainly the strangest of all reasons for giving credit to a witness was to cite her candour in admitting that in no respect she deserved it. Look at her letters and at the explanations she had offered of them. He would not go through the details, but every man must be convinced that those explanations were impos- 39 sible ; they did not in any respect tally with what appeared in black and white — her gloss did not suit her text ; they were wholly incon- sistent, and the clear contents of the four corners of the document showed that what she was stating was untrue. The letters wanted nothing to make them quite intel- ligible, and her key did not fit her cipher : the matter only became doubtful as she enveloped it in falsehood by the inventions of the moment, by her extempore endea- vours to get rid of the indisput- able meaning of her own hand- writing. A plain honest witness would know how to deal with these things, and would not entangle himself in the miserable webs of this dirty-working creature. The sense of the letters was plain and obvious, and he prayed to God that their lordships might so be- lieve it, and might not stand a so- litary exception to the conviction of all the rest of mankind. He hoped that they would believe that this woman was sincere in her praises of the Queen ; that she spoke in her letters the language of her heart, and that her notions had only been changed as her mind became corrupted, when she fell into the hands of the other conspirators against her illustrious mistress. Another feature of this lady's character he had nearly for- gotten — her affection forher sisters. The principle of her conduct, if she were believed, had been anx- iety on this account : yet how had she proceeded ? She had done her utmost to secure one of these in- nocents, of the age of 1 7 or 1 8, in a house, which, if her story were now credited, instead of being called a palace, deserved only the name of a brothel. Yet she had been content herself to submit to the contamination, because the mercenary Swiss described herself as setting the profits of her place against its disgrace, as the Roman emperor did the money he obtain- ed from a filthy imposition. She allowed that it was worse than an ordinary brothel, yet one of her sisters of 15, and the other of \T, whom she loved so dearly, were both to be introduced into it in creditable and comfortable situa- tions. Such was Demont by her own account ; but who would be- lieve her so bad } No woman could be so bad ; yet she insisted that she was, because her own let- ters were produced against her. It was clear, however, that she had given her evidence in utter ignorance that her hand-writing could be brouaht forward in con- tradiction. In referring to the evidence of Sacchi, there was one very pleasing symptom well de- serving notice : it was connected with the reception it had obtained, and to the mode in which a false estimation had been endeavoured to be given to it. It showed how the age was improving — how it was rising above the vulgar pre- judices of a few years ago, against the French and their leader. He remembered the day when few persons would have ventured to bring forward a principal witness in any case, much less in one of this delicate nature, who had been a soldier of Buonaparte, who had. served during many campaigns with him, and who had been pro- moted by that Corsican usurper — that revolutionary adventurer that tyrannical chief ; then a French hussar would have almost been considered another name for every thing that was profligate and abandoned. However, against the Queen of England he w^as thought 40 a witness good enough ; and, com- ing to England, he took upon him- self the cliaracter of a gentleman ; and lie that had been once a com- mon soldier in the French army, and afterwards a courier in the service of the Queen, was brought forward as a person on whose tes- timony, howsoever monstrous and absurd, the most implicit reliance might confidently be reposed. — He (Mr. Brougham) did not object to him that he had been a soldier, though perhaps he did not think that the Italians in the French ar- my, and especially those from the north of Italy, were usually the most scrupulous of mankind. Sacchi,too, dealt in his double enten- dres; besides, he had gone by three "whole names and a diminutive ; two of them were known, and one yet unknown ; but by three names and a half had he gone. When he came into this country, and was within the four seas with Demont, he began his double entendres, and he was not satisfied any more than she with one name : he had got into the habit of dealing in double entendres, and accordingly his first was, that he had come here in the service of a Spanish family ; his second regarded a law- suit which had occasioned his visit to England. He stoutly denied, however, that he received any pay from his present employers ; yet having been very vmwillingly turn- ed away by the Queen from the low office of a courier or equerry, he came to England, and lived like a gentleman of fortune. He resembled Demont in another re- spect — they both showed the same want of connexion between their speaking and writing. He was asked how xiiuch money he had had at his banker's at Lausanne, and he answered 50 napoleons. " Had you nerer any more ? Po- sitively not." He was then asked whether he had never said that he had had more ? What would have been the natural answer if any man had ventured to put such a ques- tion to one of their lordships ? What would have been the reply > " Certainly not ;" because it had already been stated that no more than 50 napoleons were, in fact, at the banker's. A letter was then shown to the witness, and he was asked, whether he had ever said (for he, Mr. Brougham, was not allowed to ask, whether he had ever represented) that he had been in a miserable situation, and had taxed himself with ingrati- tude, and wished to be restored to favour. He answered, " Never," and that he never had been in a destitute situation. The next ques- tion was — " Were you ever in a situation to require compassion ? Never. — Did you ever ask any- body to take compassion on your situation } That may be so. — Are these letters your hand- writing .^ Yes." — When the letters were read, it appeared in the plainest terms that he had taxed himself with in- gratitude ; and yet this honest man, this soldier of Buonaparte, sheltered himself under the word " say," and because he had only written that he was in a distressed situation, he swore that he had never said it. Would any honest man think that such a pitiful quibble would avail him under such circumstances ? But their lordships would remember what passed afterwards ; for he now came to a providential accident, if he might use such contradictory terms in compliance with the com- mon understanding of them. He now came to an accident which he called a Providence in favour of 41 itinocence, which was always the care of Providence. Sacchi was asked — " Why did you change 3^our name ?" and he repHed — " On account of the tumult which happened, and which made nie know I should run a risk." — " When did you change your name ?" The answer well deserved observation. " A year ago." — When he gave his first reply, he did not recollect that the tumult at Dover took place In 1820, and that he changed his name in July 18 19, before he came to this coun- try. This was a providential cir- cumstance, by which conspiracies were detected, and without which every one of their lordships might be a victim to-morrow. He called upon the house to give due weight to this observation, and to mark how it was borne out by the evi- dence. (See Vol. I, p. 495.J The Attorney- General, very judicious- ly seeing its consequences, did not pursue this inquiry ; but some of their lordships continued it : and thus a perfect picture Avas drawn of a shuffling witness, prevaricat- ing and beating about the bush, to shelter himself from the conse- quences of an unlucky slip, by which the whole credit of his tes- timony was overthrown. The con- fusion, the embarrassment^ the perplexity of Sacchi on this occa- sion, could not have been forgotten. He was asked at what time he had changed his name. He answered, " Four or five days before I set out for England. — When was that.'' In the month of July, last 3^ear. — What was your motive for taking that name, at that time, at Paris ? To shelter my self against any incon- venience that might happen to me. —What tumult had taken ^lace at that time, to induce you to change your name ? I was wa: aed that Vol II — No 13. tite witnesses against the Queert might run some risk, if they were known — Had you been informed that they had actually run any risk ? They had not run any risk then." — An opportunity was now afforded, of Avhich any honest wit- ness would have availed himself, of explaining the whole fact, for his former question and answer upon this point were read over to him. Sacchi, howevei', had only involved himself in nev/ difficul- ties, in endeavouring to escape from those he had already encoun- tered ; he stated that, while at Paris, a gentleman came, accom- panied by Krouse, and told him, that it would be necessary for him to change his name, because it Avould be dangerous for him to come to England in his own. — " Did he tell you that any tumult had taken place } He told me some tumult, some disorder. — On what occasion did he say that tu- mult had taken place .'' He told me nothing else." — Being further pressed upon this point, he had resorted to the invariable expe- dient of witnesses, Avhen driven into a corner, by stating, " I have repeated what that gentleman told me." tie (Mr. Brougham) could not deny what Sacchi might have imagined ; but he insisted that it was as impossible that any gen- tleman, knoAvn or unknown, could at tliat period have given him this information, as that any man should, by chance, have written the Iliad. He was afraid that their lordships did not feel this point with the force it deserved : of course, at the present moment, every body talked of tumults at home, on the arrival of witnesses against the Queen ; but going back to July I8I9, when Sacchi first changed his name, what man, G 42 in his most fanciful mood, ever dreamt that sncli a tumult would occur in 1S20? In fact, it was nothinsr more than an invention by the witness to cover his re- treat from a position in which he had been unwarily entrapped. It was only by such circumstances as these that perjuries were detected ; and this led him to remark, that if witnesses were convicted of un- true swearing on collateral points, how trivial soever they might be, it put an end to all tlieir credibility in the main facts of the conspiracy. One of these main facts, as far as related to the evidence of Sacchi and Rastelli, another discharged courier, was of a nature so disgust- inff and offensive that he felt it difficult even to make the slightest allusion to it. Did their lordships think it very likely that any wo- man — he might almost say the most miserable prostitute dischar- ged from bridewell — would com- mit, in the face of open day, what had been charged against the Queen by Rastelli ? Would they believe, that with the knowledge that a courier was travelling by the side of the carriage, the blinds of which might be raised, the Queen would run the risk of blast- ing her character, even among the most abandoned of her sex, by going to sleep in the position de- scribed by Sacchi as that in which he had discovered the Princess and her chamberlain ? But the cre- dulity of the house must be stretch- ed yet many degrees ; for if it could persuade itself that this had happened once, it would be no- thing to what Sacchi had sworn he had been in the constant habit of seeing, again and again. He (Mr. Brougham) appealed to their lordships, whether this story had the smallest appearance of proba- bility ? whether, unless the par- ties were absolutely insane, such ccmduct could be accounted for- He was now saying nothing of the physical impossibility of the thing, at a time when the carriage was travelling at the rate of 9 or 10 miles an hour, over such roads as are found in that part of Italy, with their hands placed across each other, while the parties were both fast asleep, and, of course, without anypowerover theirlimbs. To overcome this difficulty would require the evidence of philoso- phers, who had witnessed an ex- periment so new and so strange. The witness had not ventured up- on any description of the carriage, excepting that it had curtains : but what would their lordships say, if it should be proved to have been an English carriage, witJi glass and spring blinds? What if he (Mr. Brougham) showed, that the blinds could not be raised without opening the door to get at the springs upon the inside ? and, still more, what if he should prove that Sacchi was not the coiu-ier who went on that journey ? He did not say that it was necessary for him to prove this ; on the con- trary, he denied that he was call- ed upon to do so. Why had not the other side established their case ? and if cast-off servants would not afford them a sufficient evi- dence, why had they not resorted to those still in attendance upon her Majesty ? He again entreated their lordships to remember — for it was a cardinal point, that ought not to b3 forgotten — that an ac- cuser was not relieved from pro- ducing sufficient evidence, because good witnesses were to be found on the side of the accused. He had no right to call upon the ac- cused to produce those witnesses ; 43 for it was the business of the ac- cuser to establish ffuilt, by all the evidence he could produce. But was there any other person in the carriage ? '^ Non mi rlcordo" was the answer of Sacchi, adopting the language of the celebrated Majoc- ci : and this question was not put to him by surprise, nor was it a point that might have escaped his memory. It was a thing he could not have forgotten : he must have made the observation, whether there was any other person pre- sent, while the Queen and her chamberlain were lying there ex- posed. In the next place, after a person liad witnessed such a scene, was it likely, that from that mo- meiit his lips should be hermeti- cally sealed ? — that he should ne- ver even whisper it to any person ? — that he shovild never dream of confiding it to the willing ear of the gentle, romantic, and sympa- thetic Demont ? He had long en- joyed a soft intercourse with her, "both here and abroad : and if he never whis})ered it to her, it no doubt arose from that extreme de- licacy which prevailed between them, to a degree unknown in re- gions less pure and refined. When the question was put to him, whe- ther lie had not related it to any one, he }mrsued that covirse which he thought most safe and best cal- culated to screen him from con- tradiction : — " I told it to people," said he, " but I cannot recollect any one to whom I told it." — Did not any man perceive, that if such a thing had passed, and he had been an eye-witness of it, and had afterwards related it to anyone, the witness could not have failed to recollect to whom he had so told it ? He had now come to Kress's story of what happened at Carlsruhe. Earl Grey here interposed, ob- serving that fbvu- o'clock, the hour appointed for adjourning, had ar- rived ; and the learned counsel did not appear to have arrived near his conclusion. The Earl of Liverpool said, that if an extension of a quarter of an hour would have beeii sufficient for the conclusion, the house would probably not have objected to pro- ceeding ; but that, in the present instance, did not seem to be the case. The Lard Chancellor added, that it would be impossible for counsel to do justice to the case, if they were limited to any spe- cified time. He thought it much better that the house should ad- journ till to-morrow. — Adjourned at four o'clock. (Twenty-third Day.) — Wednesday, October 4, 1820, About 10 o'clock the Bishop of of the pecuniary sup})lies for de- Bristol read prayers, and the house fraying the charges of the Queen's was called over. Several peers who were absent were excused on ac- count of indisposition. A gentleman from the treasury presented copies of all the com- munications between the lords of defence. Tliese papers were ordered to be laid on the table. The Earl of Darnlcy said a few words, intimating that he did not consider the accounts now laid on the treasury and her Majesty's the table satisfactory. They were counsel and agents, on the subject limited to the supplies^ granted to 44 defray the Queen's charges, in- stead of exhibiting the Avhole ex- penses of the prosecution. A ge- neral accoLuit of the whole ex- penditure ought to be produced. Lord Erxkine concurred in opi- nion -with his noble friend that an account of the whole expenses ought to be laid on the table. Counsel were then ordered to be called in, and the Lord Chancel- lor desired Mr. Brougham to pro- ceed M'ith the statement which he had broken off yesterday. Mr. Broiigha77i then resumed his speech : — He began by expressing his surprise at the description of the witnesses. It was most extra- ordinary, that with no want of care in getting up the case, and no want of sagacity in its preparation — for great display of skill and manage- ment appeared in all its parts — that with boundless resources to bring into play, those who conducted it had chosen to select their testimony ahnost exclusively from one divi- sion of Europe. This was evident on merely reading the names of the witnesses; and it certainly argued a great want of the required talent in other countries, when those who had to look for qualified persons confined themselves so closely to one. Why such unfairness to dif- ferent states, and such a contrast between the number from Italy and other countries I The whole of the Italian states appeared to be fully represented by deputies of thelower orders, it was true, or rather of the lowest. But on this side of the Alps he found a lamentable scar- city. From all the cantons of Switzerland only one deputy ap- pears — only one nymph for the whole Helvetic confederation. In like manner, he found that the whole of the circles of Germany \A ere also represented by one per- son, and that person was a German chambermaid. This was the more remarkable, as her Majesty had travelled through so much of that country. From the capital of Austria no representative appears; and from her Majesty's native country, where she was best known — from that country which had been her abiding place — there was also none ; from none of the states of Germany in which her Majesty had resided did any one appear. In short, notwithstanding the great number of towns at which her Majesty stopped in her passage through Germany, only one per- son had arrived from that country — namel}', the amiable Mrs. Bar- bara Kress, of Carlsruhe. Whe- ther she was to be called a cham- bermaid, a cellar-maid, or a maid of all work, it was not easy to de- termine, for there was great doubt as to her capacity ; but as to her character there could be no doubt Avhatever. JSl.-e, however, was the only German witness in support of the bill ; and, save and except her Swiss colleague, the wortliy Miss Demont, the only individual, not an Italian, whom the gentlemen on the other side had thought ht to bring forward. He begged their pardon, there were two great ex- ceptions ; but they were his wit- nesses, not their's, and he reserved them for the opening of his case. He came now to the consideration of the testimony of this German chambermaid, and here, as on former occasions, he found it ne- cessary to resort to the witness herselt for the evidence of her qualifications. Never, except in the case of the Queen, did an anxiety to fabricate evidence give rise to so much contradiction, and so completely defeat itself. Thi.> 45 woman had, according to lier own statement, been in the reputable and inexperienced situation of cliambeniiaid of a German inn from her earliest years. If their lord.shi})s calculated the time from what she had stated in her deposi- tion, they would find that she was jusl turned of 13 when she began to perform the duties of a chamber- maid. In tracing her biography it would be tbund that she stales she was then a servant with somebody, whose occupation she shows no disposition to disclose, but who turns out to be a small innkeeper. She had afterwards been in other places, though where it was not easy to discover, from the account she gave of herself; but it was worth while to consider the diffi- culty thrown in the way of extract- ing from her any satisfactory ac- count of herself. She relates that she had been in such and such a place, Avith Mr. So-and-so — with a Mr. Merway. Occasionallj^ when askedin whatsituationshe hadbeen, she answered, a servant. She tried to sink her own occupation as well as the business of her master; but, when pressed, it finally turns out that, wherever she v.as, except for a short while when employed as a laiaidress at the palace of Baden, she had always been a chamber- maid at an inn ; and that, however often she changed her place, she never changed her station. But in the progress of her evidence she threw a little more /ight on her em- ployment, and the nature of her pretensions. In particular, it ap- peared in what manner she had been induced to give evidence, and to this he entreated their lordships' attention. For, if there was a want of witnesses in Germany, it was from no want of agents in that country. And heit he muit ob- serve, that if there should prove to be any fatal defect in the cas •, it must be attributed to the witn ?ss- es and their testimony, and not to want of diligence in the agents. It would be found that, in Germany, the agents had pursued the system regularly acted upon, with the usual activity and with the com- mand of the usual resources,— Whatever mortification he might feel on recollecting that English- men had been employed in the odi- ous transactions of the Milan com- mission, it was some consolation to find that they had not gone the length of the German agents, who had indeed far outstripped his own countrymen in disregard of the means by which they sought to promote the cause in which they were engaged. In Germany the agents were persons of high dis- tinction. He found, for instance, that Baron Grimm, the Wurtem- berg ambassador, th.e minister of a country the throne of which had been filled by the Princess Royal of England, had been most active. He found this Baron Grimm asso- ciated with a person named Re- den, now the Hanoverian minister at Rome, and who had been ap- pointed to succeed the worthy Ba- ron Ompteda in that capacity. This man had treated the Queen- consort of England, who, besides, was his Queen, as much as she was their lordships', in such a manner as rendered it impossible for her Majesty to continue in the same place in which he resided, consistently with the respect due to her character. This Reden, Baron Grimm, and another per- son, with a long name, in the ser- vice of the Grand Duke, had been active and unscrupulous agents in the proceedings to which their lordships' attention waa called. 46 The worthy Baron had not scru- pled to throw far from him all those feelings of decorum which were hecoming in private life. It was, however, possible that, in the conduct of diplomacy, a minister might think himself justified for acts which no other individual would commit; that it might be thought allowable in a minister to do tliat which would disgrace a private man; that things might honour him which would call down reprobation in private life ; that he might obtain the favour of his employers, and what he called ho- nours, for actions which, had he not been a diplomatic agent, would have called down upon him infamy and dishonour. These men cer- tainly acted as if they had felt in the manner he described; as if they thought that in their charac- ter as diplomatists they were men bound to do all things needful, and to whom all things were equal- ly good. When Baron Grimm heard that the Queen was coming to Carlsruhe, he was living there in apartments which he had previ- ously hired. On her Majesty's ar- rival he artfully gave them up. To accommodate her Majesty he kindly left his residence, and sought other lodgings. He changed his apartments for worse ; courteously, but yet insidiously, resigning those in which he had lived to her Ma- jesty. What would their lordships think of the Baron's politeness, when they found that the very moment the Queen left the apart- ments, he eagerly returned in pur- suit of the secret business in which he was engaged ? As soon as her Majesty departed, he and another agent, whose name was also men- tioned by the witness, were seen, as Barbara Kress says, *' running up and down the rooms," prying into every cornci*, looking care- fully at the furniture, and examin- ing the beds, and performing all the degrading offices which he thought could please his employers, but which they would doubtless despise. Such was the conduct of these men, who demeaned them- selves without scruple to the low- est offices. But, ac;ive as the Ba- ron had been, regardless as he had been of his own dignity in the transactions in which he had been engaged, he had not consented to become a witness. He did not show the same boldness iir facins: their lordships as he had shown readiness in committing acts else- where which called down reproba- tion on his conduct. Here, how- ever, the Baron was not forth- coming — here, where, if Barbara Kress spoke truth, he would have been a most important witness; for, having entered her Majesty's apartment the moment she left, he must have been able to corrobo- rate the story told by Kress, re- specting the state of the bed, if she had told the truth. The Ba- ron was, however, absent, and the only witness that could be found to speak to this extraordinary fact was the German chambermaid. On looking at the evidence of this woman, some estimate might be formed of her motives for coming over to this countrj^. She swears that she came to England from compulsion ; but, on turning to the next page, it would be found that she was to be paid ; or, in other words, to have a compensation for her loss of time But she relocat- ed only what had been put into her mouth ; she had made no terms — had entered into no bar- gain, express or implied. She look- ed to no payment ibr the evidence she was to give. 7 his was her first 47 story ; but it afterwards camo out that she had got a h'ttle payment, and the liberality with which it had been meted out was reluctant- ly wrung from her. Their lord- ships would find the part of her examination he alluded to in page 193 {See Vol. I, page 240) of the printed minutes. She was asked if ever she had been examined before, and she answered she had, at Hanover. The examination then ran thus: — " What did you get for going to Hanover ? I re- ceived a small payment just for the time I had lost. — How much was that small payment ? I can- not exactly tell ; it was little, very little." — Thus, because the remu- neration was so little, she could not recollect it. Being so little, it might have been the more easily recollected ; but it subsequently appeared that it was not because the reward was little, but because it was great, that she forgot it. What would their lordships think if it was found to be five times greater, ten times greater, than her ordinary wages at the inn ? What if it doubled her whole yearly wages at the inn, perqui- sites and all ? When such was the amount of the sum, would any person of common understanding place confidence in her testimony? Was she to be trusted in her state- ment of facts, who could not re- collect receiving for a trip to Ha- nover and back again to Carlsruhe, which occupied only a fortnight, double what she could earn in a year — who, under such circum- stances, said she could not recol- lect what she had received, because it was so little i Would any man place reliance on any story coming from such a source ? She also po- sitively asserted that she expected no reward. But it was surely enough to make that part of her evidence be pronounced false, to know that she must have expected a reward in future from her expe- rience of the liberality of the past. The same equivocating manner followed her throujjh her whole story. The way in whicli s'.ie de- scribed herself to have lelt one par- ticular scene which she pro.^essed to have witnessed — her alleged message to the room of the Coun- tess Oldi — her alleged care in con- vincing herself that the woman she saw was the Princess, when, if her business had been in the room of the Countess, she would have had no excuse for going into the other room so to convince herself — her assurance in answering the question that it was certainly the Princess whom she saw, when there were other women in the house, though Barbara Kress was the on- ly one thought worthy tobebrou^ht here : — all these things proved that she was not satisfied with her- self until she was convinced that she had fulfilled the duties of a witness faithful to the interests of her employers. He had mentioned to their lordships, that, to support the Carlsruhe scene, Griinm had not appeared here; but there were many others of the Queen's suite who might hiive been called, and whose absence argued strong- ly against the truth of the story. It was plain, from the manner in which Barbara Kress had given her evidence, and from the evidence itself, that she was not satisfied that the woman she saw with Bergami was the Queen. He must now again beg their loi'dships to recross the Alps with him, and, having dismissed the testimony of the prin- cipal performers, there remained little t J do; the rest were mere make-weii'hts, thrown in to cive 48 colour an