British Press, October 9, 1820 : Front Page

Publication: British Press October 9, 1820

British Press (Newspaper) - October 9, 1820, London, Middlesex Number 5567.  LQNDQIV^/ WaNI)^ 1820. Pkice 7d. rtHSATRR.ROYAZ, COVJltfT-oAltDBX.' fflHIS EVENING. MONDAY. October Q. M. will be pcrrarmed theXragcdy catletl VIRGINIUS; Or, THE LIBERATION OF ROTHE. AppiiiR Claiidiiis, Mr. Abboir; Virf;inlut, Mi'. Macreaitv; Irilius, Mr.'C. Kemble; Clauiiiun, Mi'.'Coobor; Sicciiis Drintalns, Mr. Yates; Numelariua, .Mr. Egeiton. Virgiuia, Miss Fuole; Servia, Mni. Connor. After which a new Ballet. ralle.l LE MAIICHAND D'ESCLAVES. To wbich will he ailded Ihe Biirlrlla of TOM THUMB T8E GREAT. Kin? Atlhur, Mr. Fawcetl; Tom Thumb, Misa Boden ; I.tird Grizzle, Mr. LIstoii. Queen Dollalolla, Mra. Li^tun ; Hrincesi' Iluncamun^a, Mrs. Strrtin;. Diiring the recess the Theatre has been entirely new de-coriiled and embellished. , , A anperbcealral Chandelier, on a novel principle, and completely Teutilaied, has been conitructrd by. Mr. Wnl. Ornamehtar Luitres, for Wax-lights, surround the Dress CiVcle.'" . . A new Drop Carlain, from an original design, has been |-p^inteil by, llfr..5agh. A Private Box fanilfor the .Seas0n,^r nigbtlyj'af' Mr. UrsndoD, at the :fi^nx'^t)flSc�. Plares for ihe tie taken x>f !VIr. Brandon^ at the Box-Office.Hmt-street, from Ten till Four., 7s ; Second Price, 3�. 6d__Pit, 3s. 6d ; Second Price, Ss.-Gallery, 28.; Second Price, Is.-Upper Gallery^ Is. 5 Second Price, 6J. Tlie Doors will be opened at Half-past Six o'clock, ood -the Flay begin al Seven. To-morrow, Rob Roy Macgregor, with A Roland for an Oliver. REMOVAL TO ELEGANT AND EXTENSIVE PRE-.. Mists, 147,;STRANU, NEAR.SO^lERi^ET-HOUSa Under the Pnlronage.of the Royal.Eaioily. GF. URLINO aiul Ca. feel, ttr�t�(tt� for the  extraordinary'Support of the Nnhilily-and Gentry, which has rendered a removal from 302, Sirandj iniliipena. able. Uriine's Lace beine Ihns sanclioneil-in its claims op tiic fasliionable wutUl, Ihe Patentees forbear any further eiilogium on its merits. It may, howevery be proper to remark, Ihtit being iiodrr the King's Leitrrai Palenti no imila. tion can be genuine, as various uDempts by �t�rching, &r. have been imposed un (he public, which exhibit their natural fibrous qualities on Ibe.tirst washing. N.B.-Real Point Veils, Scarves, Dresses, &c. on the new principle. THSATRB-ROYAL, HAYHTARKET. rpHIS EVENING. MONDAY. October 9. JL will be performed a Comedy, in live acts, called THE CLANDESTINE MARRIAGE. Lord Oglejiy, Mr. Terry; Sir John Melvill, Mr. Barnard; .Sterling, Mr. Wrilbms; Lovewell, Mr. Baker; Brush, Mr. Russell; Canton, Mr- i- Rnnetl. Mrs. Heidelberg, Mrs. Pearce; Miss Sterlijtjt, Mrs. Baker; Fauny, Miss Lritsh. Al'ter which, the popular Romantic Mclo-drame, in two acts, VALENTINE AND ORSON., Mr. Younger; Valentine, Mr. Gomery; Ofsnn, Mr. Botugoa; Hugo, Mr. J. Russell. Princess Eglantine (hy permission), Mrs. Stanley ; Empress Belisanta, Mrs. Keifilall; Aga�htr,Wrs. Jones. First Prtce-^' at Srven. I'|:>crs for ihe Buxes to be taken of Mr. Massiii^ham, at the Theatre. .A Private Box may be had, nightly, by application at the Box Office. To-morrow, The Heir al Law, with Valentine and Orson. ADELPHl THEATRE, STRAND. By Authority uf the Riglit Hon. the Lord Chamberlain. The Nobility, Genliy, and ihe Public, are most respectfully iufornied, that during the Vacation the Proprielnrs have spared neither �>ciJcnBe nor labour in-procoring Performers and Piices of the tirst mi rit, anxious to deserve a ronlinoance of that patronage they so fully experienced las) Season. raiHIS PRESENT MONDAY, 9. .3. the Evening's Entertainments will commence with the f,ivourite Burlella of ODDS AND ENDS. Afler which will be presented, for the first lime, an entire IVcw Scoltish Mtlo-Dramatif Bnrlrtia, euliileil, ST. CUTH BERT'S EVE; Or, THE TO.MB OF MONTEITH. Julian Mouleith, Mr. Gomersal; M'Allin, Mr.Watkins (fii)ii! the Surrey Tliealie) ; SaHcly, .Mr. Wilkinson. Matilda, Miss Cull cr (from the Tlicare Royal, Yurk, her first ap. jiraianri); Alice, .Miss Vales. Uiih a niw Ccniic and Borlrsqiie Ballrl, called OPI'OSiriON; Or, THE RIVAL DANCING MASTERS. To Cdiirlude willi the favourite Burhtta of LOVERS Uf ALL SORTS; Oil. NOT SUCH A FOOL AS HF, LOOKS. Cipliiin Melford, Mr. Callahan (lii.'i first appearance in llni cli:irarlrr ; Sammy, Mr. Wilknisou. Mis. Khiibarh, ,Mii!-iiPta[)oniij with llie nbuvr-l\ie general iipjiciianrc of ihe.spniiuus disciipliuns will dec^ive the un-Suardcd, and fur their detrction, J. 15 and .Sou submit the T'�"- n^id many more wiiliout Aditi-�-!�j:. JOHN Bl'RGESS and SON t)�ving been many years bunourrd with such disliiifruishrd approbation, fefui praclicT, and btin? honoured with the re-coiQineadatiun'uf Ihe most emi;ient uf Ihe Faculty in town and cuuutiy, iliink it ju^t to the Public and ihemselvts, thus to aniiunnce thi-ir lunif-established Imprt^vi men! io Ihe coiu slruciioo of INSl RU.\1ENTS for the RELIEF of HERNIA, and to caution the Public agaiuki the impusiliuiis uf the preli'uded Rupture-curing Quaiks. who have from lime to liiue lUceivrd the Public, recommeudiug such as may uut. be experienced to lake the opioiuu of retptctable profis-sional lueu, htfure being led to be Ihe dupes uf �ucb pre-: lendeis. Tbeirlosirumeuls are light, elrgaDl,and admit of superior cleauliuess, are adapted fur right or left side, increase and decrease of force and size, rnjuiriug uouuder-strap or other galling bandage. ^. N.B.-Persons residing iu Jbe country lendini; the cir--cumfereoce of ihe body across llie bip�, may depend tipon bt:iKK accurately fitted. ^ -  Sold at the Medical Hall, 34,'Sackvillt^sfreet, Dublitt; and one or more Diuggisl� iu every priticipal Toiru J�i Cuglaud. GOLDSMITH'S ENGLAND-CONTINUED to 1815. This day is published, in 4 Vols, 8vo. price 1M2s. boards, the Seventh Edition, corrected, of rf^HE HI.STORY of ENGLAND, from the  SL earliest Times 16 the Death ofGeoree the Second. � By OLIVER GOLDSMITH, MB. With a Cnntinnatiou to Ihe Treaty Concluded at Paris, in the Year 1�15. By CHARLES COOTE, LLD. l^fc^forr. C^and J. Kfvin'gton; j. (hridge; J. Nunn; Scatcberd a,H Lelierman; J, and A. Arch-,. J-Richardson; J.'tt'i'-Bicharilsoil'; J. Guthell; Longman and Co.; Ciidell andDavteii; J. Booker; Baldwin and Co.; G. and W. B. Whittauer; J. Black; J. ASperne; Rodwell ond'Martiu; R.-Sauuder's ; and E. Edwards. Of whom msy be bad, GOLDSMITH'S HISTORY of ROME; 2 vols. 8vo. price 14s. boards.-The same abridged, I2nio. price 3s. 6d. bound. GOLDSMITH'S HISTORY of GREECE; 2 vols. 8vo. price 14s. boards. The same abridged, 12mo. price 3s. 6.1. bound. GOLDSMITH'S HISTORY of ENGLAND, abridged, 12iH0. price 3�. 6d. bountl. The same, with Questions on each Chapter ; Genealogical I'ahles of Ihe British Sovereigns, Lc. By A. Jamieson, 12nio. price 5b. bnund, ITALIAN LANGUAGE. This day was published, in 12mo. price 6s 6d. bound, the Third Edition, of COMPENDIOU.S and EASY GRAMMAR bf the ITALIAN LANGUAGE; comprising a new and improved Classification of Ihe Vrrbs, and explanatory Rules, with a Syntax annexed to enrli. Revised and improved, with ihe addition of a series of Iilimnatical Phranes, and Vc'cabnlary of those Words which most fitqueully occur in conversation. By M. SANTAGNELLO. Printed for G. and W. B. Whiltaker; H. Colburnand Co.; and Longman and Co. Of whom may be had, 2. PRACTICAL EXERCISES upon nil the PARTS of SPEECH in the ITALIAN LANGUAGE, with references lo the Grammar. By M. Santagiielln, Aiillinr of " An Italian Grammar," &c. &c. Third Edition, illustrated with English Notes and Explanations, 12mo price 3s. 6d. bound. 3. A DICTIONARY of the PECULIARITlES of the ITALIAN LANGUAGE; being a Collection ofSeiitrnres from ihe moct u).proved Italian Authors, particularising Ihose Verbs, Prepositions, &c. which govern different Moods and Cases ; forming a Supplement to all other Italian Dictionaries. By M. Santaenello. In 8vn. prlre 9s. 6d. bi)ards. 4 RACCOLTA di LETTERE SCELTE, Agli Siudiosi do. price6s.'6d. btfifiid. This day are pnblisheil, price 7�. in boards, with a *' ' � ! ' ' Frontispiece, EENGLISH STORIES, Second Serifs, in-eluding the Period between the Accession of Hear^ rhe Third, and the Deiih of Henry the Sixth. , , 'By MARIA HACK. , . ' Loudeja: Priuted for Harvey and Dartoo, 56, Grace^ cburcbrf treet., . " NEW LITERAL TkAN^LATlON OF HOMER'S This day was published, in.2 vols. 8�o. price IZ. 4s. boards, rjlHE ILIAD .if HO.VIER: TmoMawrt into English Prose, as li|erally as the different Idioms of the Greek and English Langiuges will allow ;'with Explanatory Notes. By A GRAt)UATE bf the tJoiversity or Oxford. , Printed for'fe. riiid W. f^rhillokfr.lS, Avc-Maria-Une, London; and Milnilky and flatter, Oxfoid. . EARLY EDUCATION. This day ii^published, dedicated, by permission, to her Royal Highness the Duchess of Kent, iu 8ro. price lUs. fid. boards, J^ARLY EDUCATION; or, the Mana^ ^ of Cliildien considered, with a view to their future Character. By Miss APPLETON, Anihnrof " Privale Education," &c. &r. Printed fi.r G. and VV. B. Wliiiinkor, 13, Ave.Maria-Iane. " No Muthtr will open this volume wiiliont wishing to peruse it ihrunghout; nor can she arrive al the cunclusinn wiihont being benefited by Ihe Author's reinarKs.'_New Mouth.'y .Mag. Aug. 1820. � Also, hy Ihe same Author, The POOR GIRL'S HELP to a knowledge of Ihe first piincipl�sofil.e Christian Religion; and to Ihe Sacrament uf the Lord's Supper. Second Edition, price 2s 6d. bo:ird�. mi\y FRENCH GRA.M.VIAR. This day is puhli>hMl, in one thick vol. 12ma. price bi. hd, NEW l-JIEORRI ICAL and n{ACI'I. CAL GRAM.MAR of the FRENCH LANGUAGE, with niimeruns instructive ExirriFis. By C. GilOS. Aiitliorand Editor of many valiitble .*^rhoiiI Hnuks. Print.d for G. and W. B. Whitlaker, 13, Ave-Maria lane; and Bonsey and Suns, Old Broad.street. " Mr. Gros has pulilished one of the complelest Freuth Grammars we ha-/e ."ieFn."-.VIonllily Mag. Jan. 1810. A KEV to Ihe EXERCISES iu the above, price 33. 6d. bound. NEW HISTORY OF MUSIC. This day was published, in tivo handsome Volumes, 8vo. price 1/. IDs. boards, GENERAL HISTORY of MUSIC, from the earliest Times lo the present; comprising the Lives of Eminent Composrrs and Musical Wrilers. The whole accompanied u'ilh Notes aud Observations, Critical aad lllus-Irative. ByTHOM.AS BUSBY, Mns. Dac. Author of a Musical Grammar, &c. &c. Printed fjr G.aiid W. B. VVhilaker, 13, Ave-Maria.lane; and Stiiipkin and .Mjrshall, Siationers'-ronrt. Viewing ihis History generally, weare no lens struck with the recondite research, than the candour and di-criinination which itixhihits. It is a Work replete with information, substantial in its matter, randid in its criticism,urnamenteil in its style, and honourable to Ihe Author's geuius, taste, and learning"-Ediiib. Monthly Rev. Jan. 1820. NEW SOUTH WALES. This day is published, in one thick Volume, 8vo. price IBs. boards, Considerably enlarged, and embellished with a View of Ihe Town of Sydnry,aiid a Map, Second Ediliun,of STATISriCAL, I-IISTORICAL, and POLITICAL DESCRIPTION of the COLONY pf NEW SOUTH WALE.S, and its dependent Settleiiienis on Van Dicmeu's Laud; witiva particular Enumeration of the Advantages which these Culouies ofi'er fur Emigration, and their superiority iu many respects over those possessed by the United Slates of America. By W. C. WEN1VVORTH, Eyq. a Native of ihe Colon.y. Printed fur G. and W. B Wliittakfr, 13, Ave-.Maria-lane. Of whom may be had, just published, 2. ASTATlSTlCAL,COHMEUClAL,�ndl'OLmGAL DESCRIPTION of VEN EZU ELA.-TRIN 1 DA D, MA RGA-RITA, and TOBAGO;-conlaioiiie variiuls Anecilotes and Observations, illustrative of thepast and present State \,( Ihuse inlei'i-sting Couutiies; 8vo. with a large Map, price 15.^-. boards. 3. AMERICA aiid the BRITISH COLONIES; an Ab--stracl of all the must tisefuPiuformaliou relative to the^Uuili d' Mates of America, hnd'.the iBrilish Colouies of Canailn; the-' Cape ufGooJ Hope,'New South'Wales; ^nd.VaM.Dnmeit's ilsiaud. Exhibiting at one view the comparative advaniHgrs ; iand disadvantages'racb'Cotinti-y offers ftJr^Eniigration: . By iHilliam Kiugdoni,'fuiiV>' Scicond Edition, 8vo. price lOs.BU. board*. ' � - ' � CONct-OSION Of THE LOTTERY. Last and only Day, WEDNESDJir, Istb instant, when TWO Prizes of..rfJSOiOOOSlei-IiBgMdoey �TWOTrizes 6t i^-^ T,�'B9 Sterling Money " TWO Prizea of.... 500 .Staling Money And various minor Capitals, with every diher Prize, also lo be paid in Sterling money, most "hi all Drawn. TBI BISH, Coiitraftor for the present Lottery, JL  suhmiis'the above Slate of the Wheel to his best Friends the Piililic, reminding them that One Day of Draviing will covcludt the /xitfen/, WEDNESDAY, the 18th instant, on which Day All thb Capitals, and every other Prize now in the Wheel, must be dratcn. BISH sold No. 8,645, a Prize of 1t),O00I. (di^wn on 1-hursday last) at hit Fortunate Officet, 4, CornhUI, and 9, Chnringcros; where TICKETS and SHARES, jrar-Tanltd undrawn, are now on Sale;,also by his Agents in Ihe Cnunlry. *�� The Prices of Stocks are affixed, hourly, at BISH's Office, in Cornhill, by which the Public.may see the fiuc-tuations. THE QUEEN'S TRIAL. HOUSE OF LORDS, Saturday, Oct. 7. The I-ord Chancellor entered the House at seven mioulei before ten o'clock. The usualforms were gone through. The Marquis of Lausdowo requested that Ihe lulerpreters should be called on to prove the Iranslalion of the correspoo-deiice between Guiseppi Uarietti and his father. The .Marchese Spiiieito and Beneilitio Cohen appeared at the bar, wiresHrurii, and delivered in translations of the correspondence. The Counsel were then called in. The Earl of Liverpool suggested that perhaps Lady Charlotte Lindsay was in attendance to give the explanation required of her Ladyship yesterday. If so, it would be a considerable relief Iu her Ladyship lo receive that explanation at once Mr. Brougham said, that Lady Charlotte Lindsay was not in attenilauce, or be would hsve-been happy to have availed biro'clf of Ills Lurdihip's kiuduess. Before Ihe witness was sworii ^le Lord Chancellor ilirecl-ed Mr. Gurney, theshurt-haud writer, to repeat over each qnesliua aud answer from his notes. William Carriugtoaicfu tkns neom and examined by Dr. LuKbiogton. In what situation of life are you ? I am Sir William Gell's valet. How long have yon been in lhal.siluation ? Nine yesrs. What situation were you iu before ? This is my first situa-lion as a servant. la what situation were you before? I was in Ihe navy. In what situation were you in the navy > That of a Midshipman. lo'ii you attejid Sir Wm. Gell in Ihe latter end of the year 1814 al Naples? 1 did. Did you live io the house of her Majesty, then Princess of Wales ? I did. Do you fmemb-r Bergami coming into Ihe service of the Priucpsi. ? I do. lu what capacity was he engaged ? As courier. Did his coming iiiio the service of the Piiucess as courier excite any jealousy ? 1 never heard of any. Was there any thing said abjut it among the servants of licr Royal lligbiiess ?-- The .Sulicitor-Gcueral objected to the question. Dr. Lusliingioii said, that he would not press it. Was ih-ie any jealousy observable among the servants aftir liis (Heigami's) coming into the service as courier ? I never saw any. U.I yon remeniber the first night that yon arrived at Naples? Ve.�. Uo yuu recollect where Bfrgami slept thai night ? I do. Where was it ? In a small room over the Steward's room. Wtio was ihe Steward ? Siccartl. D.d he (Bt-rgami) sleep in the same room the second night ? He did nut. Oo you kuow the reason why his room was changed ? It was because tiie room was so low that he could not stand npriL'lit in it. Do )(iu remember the room tu which he removed ? I do. Do you remeuiber Ihe room in which her Royal Highnei.s slept ? 1 do. How near was it lo the room ? About 60 feet. Were there any other rooms between the chamber of Ber. garni aud that of her Royal Highness? There were ihiee rooms and a passage between. Can you tell me who occupied those three roomK? Mr. Ansiin.uccupied llie first, Hieroiiymus the second, and Dr. Uullnnil the third. Do I understand you rightly that Ihose three rooms inter veiled b>-tiveen the ciiambers of Bergami and her Royal Highness? Yes. Did any of those three rooms open into the pas.-jage ? Yes Do yon renieiiiher being at a masked b.ilt at Naples ? 1 do Was that a ball given by the Princess ? Yes. Do you recollect ibe servants appearing al that ball in any particular dresj? No, 1 do not. Did you yourself wail on that occasion ? I did. Did you travel in the suite uf her Royal Highness on her going lo Naples? 1 did. Do you remeniber young Austin on Ihe journey? I do. Can you tay where Austin usually slept before your arrival at Naples? In a room by himself wh. n there was mom, wheu there was not, he slept iu Ihe room uf her R'lyul Highness. Do yuu know Majucclii? I do-Did yon evrr see liiin at Rullinelli ? I did. Did yon ever hear him meutiou the name of one Baron OiiipteUa? Yts. . Wh�i did you beat him say : - The AtlorueyGeneral olijetted to any evidence of conver. sation which look place heiween iMajof such circumstance*?" " That I do nut remember,"-" Was there any thing about a quarrel?" >' There was something about a quarrel, but be did not remember what it was," and then followed a long series of A'on mi rieordot. He a|>pre-bended that ii was open lo him hi shew ilie contradiction in that witneis's leslimony without any conlraventioo of tbe rules of evid"nee. The existence of the plot tended to explain and justify the conduct of her Majesty. The witness denied all knowledge of that plot. He contended that the testimony now offered did away wiib that part of the evidence, and left the case rectus in curid. He did not contend that he shnuld eslahlisb any f-icta declared by Majocchi. All that be wished was lo rein-ve Ihe impression of bis funner pirjnry. It might be said indeed, that he was labouring in a work of supererogation in attempting to detract from that credit which had long eeas> d tu exist. Mr. Brougliain said, that after the able arguments of his Learned Friend, little was left for him to add, but he would merely riiniiid llie House of the purpi'rl of their defence : they did not contend that any thing regarding Ompteda was in the miiu issue- The Loid Clianeelliir here interrupted the Learned Counsel and said, th;it a great tleul of lime iiiislil have been saved if the Counsel had slated ilie point to which his question Irnded. lie nii.:lit h.ive asked as to the quarrel between Hownam and Ompleda, to which the witness in his examination in ctiief had declared his knowledge, but the cause of which he did not ruminher. Mr. Brougham s.iiil, that there was a still more important answer of liie wilin-ss a little farther on, for he there said that he did nut know. If therefore be conld shew that he must have Anoicn, he apprehended that it was quite open for him to do so. He was pprfstablishing a contradiction lo Majocchi's testimooy, an T therefore it was that he and his Learned Friends contended for Ihe right of putting the quesiion, which went to contradict the aiKivers of Majocchi on Ihe subject. Sunir-thing had lieeii s-iid of what passed in a foiiner discussion uu a similar point, and it bad been staled that au opinion of tl-.'? Court uf King's Bench had derided the rule against ibem (Ihe Oiieen's Counsel) now; he did not think the Court ul" King's Bench had so ruled ; but even if it were so, Iheii-Lordships were not bound hy any such rule; llirj had ru'es, and a series of precedents of their own lalil dowa in th-; course of trials which hsdoreuried in that House Bot he an-1 his Learned Friends did not alio* thai this quesiiuu couit be rnlrd against them by the answer to a qnestinn put to ih ' , Judges in tJitR general form. They wished the qoesiion to he pru|>osed thus, whether ifa wiiio-ss swear ignoraoce uf p-r-tirular facts, I cannot show his knowledge of those fuct^ from other circumstances. For instance, if, as he has, the witness Majocchi denied that he knew thai a certain person had picked a lock, and 1 can show hy uiber evidence that he was prc-eni, and that no man in liii senses could therefore believe that he did nut k"��. dence, merely hrcanse they had omitted to put a qmsiion in cross-examination, when ilpit omission was cwu^id liy their ign,>rance of the circnm>t3Hce on uhicli the q iv^li;..! must have been founded, and when that ignorance '.\.u\ re. suited from their want of knowledge of the case ai^.iii.-t lliem, and of the witnesses by u-hom that case was lo b.: supported ? The Attorney-General said, that he should only he Irr--passiiig on their Lordships' lime if he leplied at toy I'-utri'i to what had hecn so fully staled l>y his Leariiid l-'ni ii-ls om the other side. He had already answered it, and lo' l!;l.t Iheir I>irdsliips would not be better satisfied if in- u-r. j lo reprat it. But to come to the evidence, tlie w-iliu-s, had been asked, if, while he was in the house, n q'larrt I had not taken place between a certain Baron an I Li. n'. Hownam; to which he answered, that he had lo-:'.id of a qvarrel, bot that he did nut kiiuw Ihe cau^e. Now they - av-, they can prove that he did know it, and they propn^e t � prove his knowledge by a conversation wliidi he h:id wii'j this wituess some years ago. Hnl lie said ilial tjify roolil no*, in fairness to the witness, and liy the rule of law, be pcrmiltel lo prove that cunversaiion, bicanse liny had not at lha time of his examination called such conversation to h^s mind. He was niiicli 3iiipn.>ed lliat Ihe e>p iieorc and tli-j ftcuteness of discernment by which his L^aroeil Ftiendwas so particularly distinguished, should l.ave Hlhincd him to argue as he hid done. He h-.,il stated thit if a piity hein^ present at a fact, denied all knowledge of such f^ct. In; should be allowed to prove his kuuwleilge hy shewing luni lo have been present; he adniiiird this, hut how cou'il Ii:>! Learneil Friend say that ihis was their case at pr. st :it ; here they stood not upon a fjcJ, bat upon llic suiistniict' of a conversation, and he dt iiied that, they had .-luv rt.liht lo into tl-at conversation, Inraiise lh�-y had ui-vrr cvMi a^tivd th^VjinPss wliriher any such conversaliun had t:-.ken pl.icc. iiird Krskine said he certainly was of opiniuo Ih-it llia question could be asked, because it might hippen that nfler a wiiiipvs had been ex:imiiii'd, who iu ihc cu.irsc of Ms i-x-aminatinn denied ilie konwlr-lge of any thing, circomsiance-* might be di-covireH which would prove liim to have kniw'i it, the existence uf whi-h circuni.l.inccs nii;!il not have he :i kiiuwn at tiie time of his � xa-iiiiialion. CutiM it in I'li u case he conti/iidt-d ih-jt the wiliicss who could prove th sc circumstances ought not lo be examined, bi cause llie f, witness hail ii'it been ipie.lioiied rurireriiing l!w to ' ll-i thought olhrr�i-e. He did not m an lo say, ihni op-iii lidi point iheir l.oi-.lsliips were to aM.k- by die rule of l.;w, as it might he bud a-iide by the juiljfs. For liimsi ii', howevr r, w-halever niiuhl lie llieir decision, lieshouM still coiuii.ur ut" opinion th.t ihe question might be pnl. If ih-ir l.uiilshipj wished to avoid the eiiib;irrissmrut of .1 j)0;siblc ilisMot fiom the deci-on of the Learneil Ju.lg.s, he saw lui imso . why .'\lajucclii might uot he called atjaiu to ihe bir, a- d confronted with the other witness. Tins be (Lord E) frequently saw in the course of his practice. As a IVer, he must give it as his opinion, thut this evidence might be receivi-d. The Lord rii.infrllor tlionght the best mode would be to consult the Judges. Their Loidships, howiV'-r, would not be hound to abide by their decisiuii; ilu-y might di::-. seit from them if they pleased, lie did not deny that tb� -witness Majocchi might be calKd �p ag�iu, but the hrti coui-.Je, in his opinion, would he to ascertain wh.^l was Ih-i practice in the Courts below. U it was their Loidships' ^,^^��.L. sure, he would sbipe the questi ui to be put lo iht J-.i(t;;c.H in the following manner :-" Whether, in the Courts t.elow, a witness, in the cro8s-i-xamiii:ilio", being asktd vilitth^r he knew uf a dispiile having tak'n place, said ht hid lu knowledge uf it, not being asked at the s;inie time wluth-c he made, in conversation, any dcclu-jliun of such k^.oM. ledge; and afler, in the dif.-uce, a witness being n^k^d cs to whether such a d. cinraliun had been made, it was cou-sislent wiih prurlice tu pui this question? Second y, Whether a witness having fijid that he did iiol rt iiii inticr auy such dispute, and having said not, it was erinsi-'lent witti the (M.-iclicc 111 the CuHiti heluw lo u.'k a wiliirss for the defence, whether he who miule snrh a denial, dtd i i t, io �on. versaiion, detail tlio-e circniiislauces, the r-.coll'ci:ou .f which he pri -l mind the allowing uf such an ohjeci i:ii, wlntli �oii d go i.-i extinguish the . vidt iice of a fan wliich iu an inquir) ol' this impurtiiil iialure ought not to be List. But he did not i.uw see that any neiessity existed for rif> r.iiig tu the upinions i-f the Judges, thai he thought hail bun cuinplrtely uhviated by the suggeslinii uf his Noble and Learned Friend, and as the Noble and Learned IjOid (Cha.ncelb.ii) hud hiuist-lf ad-' milted, that .M-ijocchi might be called up aud examined, as .Mr, Brougham said, Ihat past all ilnubl nothing that Majocchi,bad said to Ihis witness could be rtceiveil as proof of j to bis having held any coi'verBHtiuii of llie nature allndtil lO any ibing that Baron Oiopleda did. But Majocchi having | with this winiess, ho thoughi be certainly ought tu bd now auawered twice that he did not remember, aud again that he did kuow a particular riccumstaiice-if by his couvcrsatiou with this wiiucBs he could sjiew thai he badiemembcfed all the particulars cuunectcd with that circuntslauce with suffi- called up for that purpose, aud the question nuw tihjeclC'l,-it was on all hands admitted, would thin be p. rfecilyit-gtiiur. The Ear! of Liverpool said, ihal allhongh be agtird w ti> ;

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Publication: British Press

Location: London, Middlesex

Issue Date: October 9, 1820