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British Press Newspaper Archive: October 19, 1820 - Page 1

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   British Press (Newspaper) - October 19, 1820, London, Middlesex                                � 'il 1)1, NuMBEK 5576. l6NX)01n, THUKSD^tr i bfir most resprclfully to offer this their best acknuw. ledgtneiits to the Public for their liberal patronage of the same: its nliliiy and great convenience in all'climates has reronimcn.'led it to the must distinguished foreign connexions, who have ail spoken highly iu iU recommendation. -It is prepared by them ONLY; and for preventing dis-appojnlmenl to families, all possible care has been resorted to, hy each bottle being scaled npon the cork with their Firoi und Addiesa, ns well as each Label having their Signature, uiihont which it cannot be f^eiiuine. JOHN liUUGESS and SON'S long established and much esleeined ESSENCE of ANCHOVl ES continues to he pre. [Mrcil by them after the same manner that has given the grcBfCEl satisfaction for many years. Warehouse, 107, Strand, corner of the Savoy-steps, Lou- on.-(The Grtginul Fish-Sauce W.irebouse.) On the Isf of November will be published, L "piKOVINCIAL ANTIQUrriES at.d PIC- si TUREStaUE SCENERY of SCOTLAND, with I'lBiorleal lllusliatious, by Sir WALTER SCOTT, Ban. I'urt IV. TI. SWISS SCENERY, from Drawings by Major Cockbiirii, Pait XI!. and last. nr. Vir.WS in PARIS, from Drawings by Captain Batty, Puit VI. IV. VI JiUS of MONT CENIS, engiavrd on Stone, from Drawiiins by iM^ijur Cockburo, Pan IV. V. ROMAN COSTUME, engrnved on Stone,fiom Drawings l.v l^iorDi, by C H ulhu-indrl. Pan IV. luid la'^t. VI. P.^Rl.SIAN COSTU.VIE, Diawtiand Engraved on Stone, by .1. J. Chalon. Printed for Rodwell and Martin,46, New Bund.street. Dedicated by permission, to Sir James M'Gregor, H.D. F K.S. Physician to the King, Director General of the Army Medical Department, &c. &c. &c. In the press, and speedily will be published, N E.SSAY on tha MEDICAL APPLICA-TIONnf ELECTRICITY and GALVANISM, point-ing out the Mode, as well as the Period, when this active Principle may be used, either Feparalcly or as an Auxiliary to AJe*licine, with a concise de.s-criptive Account of Disease. By JaMES PRICE, Surgeon, Member of the  Royal (^olletie of Surgeons, late in his Maje.sty's Service, &c. &r. &c. No. 10, Henriella-slreet, Covenl-garden. This Work is written in a f.imirnr style, with the intention of directing the invalid to an agent which, wiihont pain, according to the present mode of application, has contributed to restore many to health where every oilier m'-ans had failed iu Ciironic and other complaints, parficu-lirly' those arising f�om a derangement of the Digestive Organs, commonly calU'd l5ilions, Nervous, &c. and which . is also peculiarly applicable to those jncideutal to Females, Chruuic Rlieorniliim, some species of Deafness, habitual Asllimi of any siandiug, and habitual Constipation of the Ko�el-. /,:,ou'on: IVioted forT. and G. Underwood, Fleet-street. AMERICAN SOOTHING SYRUP. AMONG iliK very numerotis instHiices of the liappy effects of the SOOTHING SYRUP, few are more worthy of itttention than the following :-1'he infant son of Mrs. Sibley, IS, Hosier-lane, West Smiihfield, com-meored leethiug very early, but under the most distressing circumstances. ' The child, at niue months old, lost aR ifae use of bis linibs, and no appearanre of any teeth in: (iie gums. He continued in tbia stale till three yeai^ olili' willi-oui any use iii.'bis limbs, anil so extremely emicialed that the mother could sii^arce more him iii the cradle urio her tap. \ She ii^as at last 'recomtneoded fo try'the- Stiiitbiug'Sy.^ � ,riy/,"�ben,'after usiii^TtToijr days.'t .i...ihiB'JMih.'(ina'has'beeii iVnprovitif *�cr keeper, to certify that they are real objects of Cbarily. ATLAS ASSURANCE COMPANY. LIFE DEPARTMENT. 1ER.SONS assured for tVie whole Iprm'of Life will liave an addition made to their Policies every seventh year, on the princi)ile so beneficially pt^ctised iill lately at the Equitable Assuraiice' Office; Or the amount thereof may be applied m redtiction of the future papments of Premium: Policies may aUo beeff. cted for the whole term of Life oil a plan peculiar to this Office, wlwreby the Premium is payable for a fixed number of years only. FIRE DEPARTMENT. Policies fur 300/. and upwards will be entitled under the system of AsBurniice practised by this Ofiice, to participate in the surplus Preminina every fifth year, provided no claim has been made fur loss. Proposals fnlly explanatory of the Principles and Rales of the Company, may be bad at the principal Office in Cheapside, Loiidotij and of the several Ageiil^, in tbe Country. '       '. HENRY DESBORODGH.Jun.Secretfiry,   ^ Clieapttde,/.ondon, 18-20. On Monday, the 23d of October, will be pHblished, t LETTER to nil " UN-SEN riMEiNTAL .SORT of 0 CRITIC," in the Quarterly Review for October last, containing Strictures on the Reverend VV. L. Bowles, as Editor of Po|.e. " By ONE OF THE FAMILY." " Nature" is a crilicjl term, which the  family of the Bowles's have been explaining for two thousand years!! - Qitarff-Tly iieview. And which the Fudge Family of the mole-eyed Critics have been for so long sluiMiiig theirs 00, though it is as plain as the sun at noon-day'.'.-JSy one of the Pamily of the Bowles'.t. .S.,IJ \>y Longman, HnrsI, Rres, Ornie, and Brown, and Baldu in, Crailock. and Joy, Palrniosiec-iow ; Colburn and Co. Conduit-street; and J. Warren, Old Hond-slrett. Where may be had. The INVARIABLE PRINCIPLFS of POETRY, in Answer to Thomas Campbell, r.sq.oii the Poilirul Character of Pope.   By the Rev. W. L. Bowles.   Price 23 6d. THE QUEEN'S TRIAL. HOUSE OF LORDS, Wed.mesday, Oct. 18. This morning the Lord Chancellor look his seat on the Woolsack at a few minutes before ten o'clock. Prayeis having been read, and (lie Hon�e called over_ The Lord Chief Jn'�� the an-Ibority of his L.enrued Broll'.�FS, wilh Iheir. Lurdsbipa' permission he wonlil proceed to re;id the papers, na Ihe tlecisiuo tu which they had allcoine, though.for ireusuus before given expressed iu the singular number^ upuu I be questions submitted lo tbeni.: The question* were- i. If iu the trial of auioiJjctroeDl for a CApitsI offence, or any crime, eiideuceihad ireeu given upon tbe cross^examina-.lion of witnessesj "ioxan>>iied.:iu>lcbief iu support iberexfi L-from which itJappeafell:.'Aj:Bu.>n6t!�xamioed'/�� ai witness', iliad' been-employediby tb^party-tpteferWrtg Uisl.'imlictmeut .as'iu�gent'tojj�racurij�iui ejc�mi�) mliiie��es r'iiisa|i|jurt!'�f{tbe!iruiLlici'aieat,:aa ^pbaej'iiie,.inatJel' Mn Ihe- indictDjent^iE.jEijUUlibeiiig idiMvitoeui fcs�mui�d.iil suppurt of the iodictmeut, or examined before it was so pro- pesed io examioe C. D. wqaldithb' CobMs -.below, accordio^. to thejr usuage and prsctice,-i>lto5re.:0. lo.be examined for the purpose aforrsaid, or eoi^ tuch witoesii according to. 'aw, be �o examined, if thej^miKlemployeil iu support of the prosecution obj>?ctcd to's$^it exatninsttuo ? ' 3. If in Ihe triarofauiodictiiient/or atiapilal offence, pr other Crime, evidence haA beeii giyen.jipou'the cross cxanii--nation of witnesses, examined'iu chief in support thereof,, from which it appteareil ihat^.B. nut examined as a wit. nesB, had been employed by the party preferriug the indicl-roeolas an agent to prnCnre; Sod tu exatnine evidence and witnesses in support of tfae'indictmeul,:8nd. the parly indict. ' eil'should propose, in tbecoiir�ii._0f the defence, to examine G. H. as a witness to prove.lha(jL.B> bsd offered him a bribe tu indijce him lo bring.to bim piipers belonging tu the party indicted, G. U. not having been examined as a witness in support of Ihe indictment,'wotllittbe Courts below, according to their usage and practice,.lillow G. H. to be examined for tne purpose aforesaidj or conld sudb :witiiess,: according to law, be soex-imined, if .ihe'Gouusel.einployed in support of the protecutiou objected Iu jsticb examiualion? S. Snppositig tbnt, RCcordi�g>^tb the roles of law,evidenee of a conspiracy to suborn vitneasea in impport of any prosecution, ought nut lo be admitted^ except such as directly applies to a prosecutor, or au agent employed by him, ge-ueral evidence of such a conspiracy may not nevertheless, in (he first instance, be received, as a preliminary siep to affecting the proscutor himself, or any agent employed by him ; aud whether the same rule would not apply, as to rfceiving evidence from a defendant indicted, seeking to establish the existence of a conspiracy to suborn witnesses against him} The decision of the first question was of the greatest importance as to the equitable udminislralion of justice. He bad accordingly considered it with the attention and anxiety culled for by its importance; aud it was not without considerable fear that even now he gave his opinion ou it to (heir Lordships. In order to judge of it fairly, the question onght lo be put in the -same light as if the parties were reversed, as if the kind of proof in question were offered lo be produced and examined in reply, in support of ihe evidence, all ill chief, for the prosecution. Perhaps to lead to a legitimate conclusion, such ividence must he considered a.s extrinsic le the care at issue. If it should be found that the evidence tendered related to uiatttra foreign lo the charge, though calcnialed to strengiliru Ihe impression of guilt as lo tlia accused, it would nut lie headmiiled. Aud if that conclusion were reasonable and legal, he was at a loss to conceive wiiy the rule which was thus drawn iu favour of the defendant iu one case, should not be drawn against him in a ca.ie exaclly opposite. This consideration had enabled him lo coniemplale the question wilh much mure cabnness than, under the circumstances, be could have done without il. The contrary iniirht, on many occasions, lead to an iiiCurreet iiojjressioii as to the real truth of Ihe charges, aud the character of a parly or of his evidence, and cooltl not in any case materially aid the purposes of strict jnhlice. Nuw as to the (|nestion of admitting evidence to shew ihe runupt acts of an aeeni, that agent not having been examined in the coune of (he trial, and no clear lestiinony having been produced of his ageucy from Ihe cro>s.exaniinatioii of the witnesses called in chief in support of the prosecution, that question must be considered both as it is likely to affect (he character of the prostculur aud the |iruseeution, the wiliiessei; and their tcstiinuny. A prosecutor was supposed (liypothetically) to employ au agent to collect wit. uesses-that was in some cases needful, in all cases lawful, in no case disgi-actfiil, of itsetft If so, the means used by (hat agency must be supposed 10 be lawful also, or it would be necessary for ilie opposite side to prove (hat they were not lawfni. And as according to rules of law, no parly was to coffer for the delinquency of hi^ agent, be himself not having been implicated, it would be unfair to allow an entrance to suspicion wilh respect to the prosecutor, it would be contrary to law aud justice lo suffer his case to be disgraced by the separate conduct of bis agent, be. cause the pruseculor might be ignorant, up to the very moment of the evidence being offered, of any inisconiluct of the agent ; he might never have heard of the act of (lie agent until it was adduced in evidence lo disgrace his case. It was no less consistent with fair reasoning, for had he known the act of Ihe agent he would have iiislanlly rejected it with indignation. Thus much wilh respect to proof offered of witnesses not yet examined, the object being by inference to throw siisfiicion ou those already examined, no proof of similar acis lo those offered lo be proved having been practised on ilie first examined  witnesses, for the acts oiTered 10 he proved might have been executed in anothct pl.^ce than thai from whirh Ihe examined witnesses came. They might never have heard of it; they might never hare seen the curruiil agent; they might be placed in circumstances entirely (iiffVreiit from the witnesses who had been praclised upon. Could it be inferred.then that (icrjnry had been coiu-oiitled by tbeni, because an agent, from his over-vcening zeal, iu some other place, at some olher time, had endeavoured lo acquire corrupt teslimony? Such was ihe conclusion to wUirh he had come-which, if reasonohly drawn, would go to the exvliisioii of such testiinnny, both in this and the nini-logoaj case wljiolj he had before inentioiied. It wa^ true, that frw ciises could arise in wliurh Ihe Judge v/ho was trying il would not find snine iissislanee in directing his juiigniriit frotu the aiiJeredcot and subsequent cir-cmnjilanreB wliieh would come to his knowledge. 1'lie queslious prepared fiir thoir deeiaigu had, howevsr, no such coihlifions or considerations anuexed to theuj. He mentioned this circnmslaucc merely because be was anxious for the sirici liniit^ilion nf the opinion which be bad offered to the case ^vlncb their Lordships h.ad laid before bioi and his Lcanied Brothers. He would not say, thai under no circumstances which could arise, under uo representation   which   could   possibly  be made   to  a  Court, 11 would nut be proper and hgal to let in such totlmouy. He would suppose cases wherein be would be much more ready lo udiiiit than exclude siicb evidence. As to the second question, ii did not slate what was to be Ihe nature of the contents of the papers which were supposed in Ibe question. They inijibi be papers unconnected with the projecation. If so, his Lordship concluded that the rule was already defined and the evi.lenre must be exclnded. His Lordship divided the third queslioii into two branches ; but wilh respect lo butli, il w.Qs only a question of time as to the ordtn* of )iroof. He apprehended that if grounds were shewn lo a Court of Justice which led to a reasonable supposition thai proofs of a conspiracy against the defendant or criminal could be adduced, no Judge would refu-e Iu lei in that evidence iu any stage of lite case ; but the maitcr of evidence must be first laid btfure the Court, iu socb quanlily ns to a probability of substantiating the charge before the inquiry could be entered upou. The Atlorney General inferred thai Ihe opinion just read, which the iudu'lgcocc of their Lordships had allowed bitn to hear, confirmed Ihe objection which had been taken by the CuuusrI IU suppurl of the Bill. If ibeir Lordships, as Judges, bowcver, wished to go into the inquiry, be waived the right of objeciion. Mr. Brougham said, that he did not understand, either from the speech of the Attorney-General or the opioioo wf iheJudnes, what was to be the decision of their Liirdships upon the question. The; E�r| of Liverpool said, be bad certainly elated f.oni . the heginiiiug, lliat if tlieir Ltirdshtpa went out of the course marked out for tbem by the rules of evitlruce, there would be no possiUiliiy ufdrawinga line'within which iheir proceed. lines cuultt be . restraiueit ;. aud be bad cpusidered any such deViBtiou put onlyas.bad in itself, wi>b referebce to the parti. rp|ar c^se ip wbic|;it uccnrrcd, but, ssfuuudiug a.preccdent I for, fi,9ii|ar pfactijS.iH ^l>y.lj^V't>r* l^f^"f4M'f!?;i>yjU^^ and Penalties!   With respect to the cifcumstanc^jwl^icl) bad nlifrii�d,,qji in. yesti?rdi�y;� ;,M,^ml??l "'?''.�P.�� *,bat,H sbquld be ifully inqiiir^dinto, , pur b^W!"*? .'?.?y�.i�.''9?. W'��:�'' be the case wijl^ vlher-fierSPDsalwd^d to^^ii�tlie,coorae,o( ihia proceeding, into any 'observations on whose cundiict he shoiild not now enter, that sufficient bad been shewn (if'tbe agency of the party to whom that cirrumstance atlached, to evince tne necessity of fuither inquiry. And after Ihe opinion of the Lcarued-Judges, which iheir Lordships had just heard pronounced, he Imsted that all due credit wfold be given Iu the Allornty General.for candnur, iu waiving tbe objection which that opinion'had^ afSrmed, ni il.eir Lordships were alw^^ys disposed lo fake (jvery thing that crtO}e fioin tbe Counsel at ihrir bar, as proceeding from a similar spirit of fairness aiid candour. Earl Grey said, be was one of those who coincided with the Noble Earl iu opinion that this question, on which tbey bad consumed so much time in deliberatiou, should be put tu the wiioess at Ihe bar. But he differed from the Noble I'-nrI Bslo the eronnds on whiidi be rested his opinion. If he had found himself well siipporlcd in thit opinion, when he riioughl that their I^jnlships were not bound to acquiesce io the iUcisions of the Judges, and when Ihe Noble and Learned Lord (Ihe Lord Chancelloi) himself had departed from their decisipns in Ibe course of these proceedings ; nuw that., the Cuunseiat Ihe B^ron one side, after bearing ili.eopininu-i^4blf Judges, wished to waive his object ion, although, as be staled, it bad bceu affirmed by their decision, and the Noble Earl expressed an anxiety which he must lament had not be. fore evinced, lhai that inquiry, to which the question tended, should be proce.eded in, he could not do otherwise than unite in the wish that the question should be put. He was the more coufiimed in that wish by the opinion of the Learned Judges, which the Chief Jiisiice had been deputed by them to deliver, because that opinion did not convey a full au-swer to the question which had been subinittcd to their roii-sidcrstion, and in reference to which it was given. Tiny did not state iu their answer what was the practice of Ihe Courts below on this point. The Learned Chief Justice had stated, that the'queslioii appeared to them to be new and most imporlaiit; and that his own opinion upon it had been conceived in great doubt ; and he had given them an elaborate argument in support of the grounds on which had formed it ; but not a word had been said in answer to the question of the practice of the Co\iits beh,*. He had given them indeed an claborale opinion, and an argument at mudi greater leuglli than he (Earl Giey) cniiceived was called for, or jUau h� ousht to hove given in his relative silualrtjn with their L"nlshi|is. He had in the course of that opinion itai'tl, (bat a case might aiise ill which a Jndge, in that anxiety which be must always feel for Ihe discovery uf Iriilh, might feel himself biiiiiid to admit siirh a qnesiinn. That opinion having been given without any refereiue lo the roles nf practice in the Com Is belotv, he must say ihat ondcr the particular circumstances of this case, he conceived llial, according lo the "pinion of the Learned Judges, as delivered by the Chief Justice, it might lead lo a decision of (he-admissibility of other f vidence, the question ought therefore to be put. He should, therefore. In put an cod lo ihe discussion, humbly move Ihat the witness be called to the bar, and that the question be now put. The Lord Chancellor said, thai when lie snhmilled lo the consideration nf their Lordships the questions which he had conceived ought to be put to (he Judges, he had (bought it right lo call their attention to xvliat be believed to be the practice of the Cxinris helnw ; but us it b id appeared lo him that much that was new iiii.i;lil be found iu the mailer of tlio.�e questions, he had diought it necessary to ask for their opinions as to what was (he law of (be subject ; Ihat opinion they had iioiv staled, and he thought they would uot have behaved as hicame tlieni in respect lo Ihat House, unless thry had tt.iudat Icnglh Ihe grounds nf their opinion on Ihe law of Ihe case. He did uot see what grounds the Noble Lord could li.-ive for supposing that be had at all deviated from any rules he had himself laid down. He certainly never should be induced to withdraw his own olijcclioos lo any queslioii by any waiver of objeciion, eiiber on the part of Ihe Adoriiey-General or of any olher Counsel at Ihe bar of iliat House. And hud the grnuiids staled for pultiiig Ihe queslion not appeared lo him to ho Biifficieut he should still have iqiposeil il, on Ilie ground of (he ill cons; qoeiires uf it!^ being drawn into a pre-ro.lriit ill ihe C'uorls below; but that eoolil not-UOW be tiie case, as il would appear ihat Iheir Lordships had decided, ou nil/nitiing Ihis evidence on special circnmsianccs arising out of tins parlicnlar case. He had always fell himself bound, and he slionld still continue lo slate bis opiuions boldly and conscieniioiisly, though good report, and ihimgli evil report, and iie wotilil therefore now alHrm, that be slill bad a decided objection to this question being imt; hot lie would not now press that objtCtion, others his co-iqnal Judges diir.riiig wiiii liim in opinion. Lord Eiskiiie'Mgntd, that if tbe answer nf the Learned Judges, as he Coiicetve.l il did, went lo shew (he admissibility of ihe present queslion, il ninst more forcibly apply to the former one wliieli (heir i..ord';|iipa had overruled, 'fhe Judges had given iI a  . 1 complained oi cr, (     What did Colonel Brown say lo yon on imkiiig Hut com. I plaint? He told me that he wis a friend  d.-.it I Brown, make any further application lo Viloiaieah ' Colonel Brown told ine lo call ngaiii on the f:..),.iiiog il / on the Advocate Vilmarcali, who would then gi^e !iie su.i-ie. thing. Did you call ?   I did. Did yuu receive any more money from him '   I did. Where does Vilmarcali live at .Milan?   Jn  the street of Eujidirci. Did he live at the same place at the time you look Ihe papers to him ?   Not on the first lime. Name tlie place where he lived when yon first took t! e papers to him ? The first lime he was living in the sir. el of Kudcvrlli. \ Do you know the number in which he lived pi Rudevrlli ' Ro. Where did Colonel Brown live? Below ihe bridge of Ihe Eastern gate. Do you know as to what the papers reUtcd wbicb you took to Vilmarcali ?   Of some of Ihem. Let him. stale to what subject those related of which he knows? One was Ihe deposiiion of n fi mme.dci hambie i.b.i Had been sent to Vienna logcli:er wilh Saeclii, and on the road Sacchi said '    ' The Solieitor-General objrcted. 1 only want lo know lo what suhj cl the papers reiattd^ They were lettfrs. Was there any exnminalinn of wiliipsses? Not among tl.e letters; tbey were letters of In r Koyal Hiabiiess aud ;ioiii Beigaini (o somebody else, ami likewise pf ollicis. Was there besid.s the letters any depositions or slaU'men;i of evidence of witnesses ?   Thfre was not. ^A^k him what other papers there were In s.des If Itrrs � Tlieie were some copies of letters of the Advot.jle I otuzzi ai.J the answers Tiiwh.it?   The answer of Polarzi lo Bergnnii. Were thcie aoy olher  papers,  any   b tiers  or copies^ No. Ask him if be knows to what snhjerl those letters rrlal. il ? Of some of ihem. Stale?  One was Bergami's, who said- 1 only waul to know lo what they lelated-fo wlial nub-jcel they related? One was a leller of BeigHnn's, in ohuli be slated he would never reliirn lo Milan until he saw tlvu..i; people who were without shoes h.foie go uiihont sbo. ^ ag pin. Mr. D.iiinan said, he ibonghi the latter part had h.ller b.^ struck out, which was agreed lo. The Interpreter then explained to wiliicss lb.it lie was to slate generally what the papers were. The Witness-The advocate, Vilmarcali, told me lo bring to him those letters whirh had deposilioiis, that is, those who had deposed something In come and give ivid-nie. Did he, in point of fjcl, carry papers relating lo this subject to Vilmarcali ?   Letters, not papers. Ask him if he knows a man of ihe name uf Rigami '  1 do. Did Rigaiili evf r make any application lo witnei.s about paper.^ ?   He has been at niy house. Had he any commuiiicaiion wilh Vilmarcali rcspi-cling the applirotion Rigaiili had made? Tbe Earl of Liverpool said a few words-, uhich we could not distinctly hear. Did wilnrss tell Vilmarcali that Riganii had made 1i� application for papers?   1 did. What did Vilmarcali say on the sobjecl of Rigaiiir.* appll-cntion for papers?    I then knew not Riguiil i, ao'l I ask* d Vilmarcali what sort of a man he was? and he lold me that' he was a person of condilion, and that 1 slioulil give hiiii uoy paper. What was the applicniion Riganti maile respecting pa-p� rs-ivhrii did Riganti ask hiin to do with the papers l.e' bat spoken lo ? To deliver llicni lo iiiiii,an on s -ney due lo bim. Qutslioa repealed-A person urged me twice tu go to Vilmarcati, aud that per�on look inc himself there. " Dii thai person say what ym were tu g.i to Vilmarcali for? He t�dd me that 1 ought to go, because Vilmarcati wished to speak to me ; aud_ 1 should be a gcolkmau if I went . . Did he say bow you were to be mads a gentleman if you went? He tcld me so moch and no more, aud tuld me to go. Did yuu know at thai iime that Vilmarcati was engvged respecting her Royal Higbuess's affairs? - When 1 went; I knew. .   , Did 70U not know it at tbe time ibat you saw tbis pcrM>a who called upon you?' I knew it. You kuew it when you saw tbia person ?   " hat about? ' Yuu said you went to Vilmarcati, and that a person called upon )�u aud urged you to go to bitn; I ask If;'at< iRat   

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