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British Press Newspaper Archive: October 20, 1820 - Page 1

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   British Press (Newspaper) - October 20, 1820, London, Middlesex                                NtTIWBBK 5^77. Price 7d. THJEATn^^nOYALi COVEXT-OARVKfi/.,    . IHIS IVENING, FRIDAY. October 20, 'willj>e, perfDraied the Play'.uf   . . TftE'STItANGER. The SlrauecT, Mr.'C. Kemble (bis first appearanrp in llipt cliararter); Cotint VViulcrwn, Mr. Cuiinor; Baron Slfilifnrt, Aff Eserton; Toltias, Mr. Cliapman ; IVaiicis, Mr. Farli-y ; ."?(ilomoii, Mr JEinery. IVIri. Hallcr, by a Young; I^dy'(lirr first appearance in (he IVletropiilie) ; Countess \Vnil(i�en, Airs. Faurit; AnnellP, Mrs. iJisilon ^ Cliarlolle,- Mrs. Gililis. Aft*r whicli, first lime, a-notr Farce (wil!i some Hiisio), called A KACIi.FUK A H'lFE. . The f riucipal Characters by .Messrs. Klanrhard, Jonrsi, AbHnlt, I.iston, Chapnnu, Mrs. Elavenporl, Miss li. Grfcii, Aii.�s BeauroiMt, and Sli.'s f.ore. During, Ihe recess the Theatre Ins been entirely new ile-corated and enibeillshed. A Hriv.-ite Box'irtay'be harl fur ibcSeison, or nightly, of Mr. Brandon, at the Cox-OdJcc.        i riacea for llie,Boxes lo be l.iken of Mr. Grandun, at the Bo.x-GSicP, Hart-street, from Ten nil Four. Boxes, ; Second Price, 3*. 6.1 -^^Pii, 3*. 6.1 ; Second Price, 2s.-Ciallfcry, 2�.; "Second Price, Is.-Upper Gallery, Is.; S>condn�rice,6d,-� The Door4^Ut be: opened at Kalf-pajt Six o'clock, and the Flay begin �l Seveji. To-Biorrow, Henri Qnatre, wHlj'tJie.'Ballctof Pygm&Hon, On Mnnday, the Tragedy of V'irginius. On Thursihiy, The Comedy of Errors : Lnciaua, Miss M. Tree (her first appearance this season). BRIDGES, WAYon. A COMMON COONCIL, holden in the CHAMBF.R of Ihe GUILDHALL of the CITV of. LONDON, on THUaSDAY, the 191h day ofOctuber, 1820: BESOLVED, rg^HA'l" the coniiucl of Josei)li ^Vl[^��erf Piirkin*, ML E�q durinj: Ihe time he has jointly filled the impoil-ant offire of Sherifl' of Liuulon and Riidillestx, lias been swell as io many respects to excite the just di-plea.>!nre of this Court, and the ^reat^lt regret at Lis oppoinimenl - that the die^uity of the OlHre has, in 'his haiidn, been for-tfutlenj and the Livery of London been exposed to animad. version, by his inconsisleol and nnbecomiti^ behaviour. Resolved nnanimonsly-Thai the Thinks of this Court be presented to Richard Rolhwell,        Aldernian, and late one i.f the Sheriffs of ibis Cily and Coiiniy (if Middlesex, fur the dignified, temperate, fjilhful, and impartial manner iu �hicli he haadificharjred the various and important c^uties of Ihe office of-SheriH', rendt^rfd' more than usually urdtu ohb, not only by the cnlical slale of ihe public Irauqnillily, but by cirrunislaiices uhich inciea.=rd the responsibilily necessarily altendant upon the Shrievaliy, al tlie period of his enlerinc upon it-for the liberalily whirh has dis-tindniBlied | his sreuerul coitducl-anil for his having; npon.ail occasions ' displayed ihe must cheerful atienlion to the lutriests of llie Corporuliuu,and the Rights and Privileges of his Fellow-Citizens. I Ordered-That the said Resolution he fairly transrribrd. j tinned by lUe Town Clerk, and prcsealed to the laie SlieriH', ' Nr. Alderman Kolbirel).                    UOOUTHORl'E. PORT VVINEOF FINE FLAV -el. Si. GiIe^^^: lhal in Ihe Morning by ihe Key. JOHN CLEMENT.�ON ; and tint in the Evfoine by-tbe Rev. WU.LIA.M GURNEi', Sen. R'c-lor of St. Clement Danes, Slraiid, and Minister of Weai-sireet Cliapel.-Service be  a fine from a flaikiu.'�-cuachinau...... 0^0 �iii)   0   0 Dischargrd and Relieved from various Prisons 58 Debtors, (or the sym of...............�317 19   2 Considered the Cases of.......88 Petiliouers, Approved.........<........   52 K.jected..................   19 Anil.....,..,.............   17 Inadmissible. Benefactions are ^eceivcil by J. Camden Neild, E�q (he Treasurer, Chejuewalk, Chflsea: also by Messrs. llenies, Farquhar, and Co. St. James's-slreel; .Messrs Iloarcs, Fleet-sireel; Messrs; Wliitinore and Co. Lombard-street; Alessrs. Cucks's, Ridge, and Co. Chariiig-crfiss; Alcssrs. Doirieo and Co. Finch.tane, Cornhill; Alessrs. Hammersleys, Pall-mall; JVIeesis. Veres and Co, 77, Lombard-street; and by .llr. Grass-well, Ihe.Srcrelary, No. 7, Craven-slrcet, Sirand, where the Kooka may be seen by Ihosc who are iudiued lo support (bis Cbnrity, aud where the Society meet ou the first Wednesday in ever; muiitb.'        � The Secretary will Ibanlc this Gcalleman for his name, as It has by sgme accident been omitted in the Books. THE QUEEN'S TRIAL. -- ' HOUSE OF LORDS, Thursday, Ogt. 19. The I.oid Chanrellor entered the llonse at teii o'clock__ Prayers ui re resd, and llie names called over. The Cointsrl were callf'il in. A hritf itrsrussinn look filacp hplween ibe Lord Chancellor nml Mr. Broiiiham, as l.i the in.iiiiirr in whirh (he Counsel uere to lesiinic (lie roiiduct of lb.' prucfediniri. T( ended in calling (lip Coiin.sel lo (he Imr, when (he Lord Chanrellni-informed Ihe I.parncd C:iuMisrl for llie defence, that the qiies. tion proposed to (he wilness yesterday in tiie present state of these proceedings Ci'UId nui he put, Air. nroujhTm saiil, tb"�! independent of the qnPslion, in'.n the ciinsideralion ^l ihe Bill might opin Ihe nature if ihe groiimls to their Lordthipoj by whieli they pmputird lu shrw iheir right (o 1.1 in;: the evidence to prove Zmga's astnry in lha ronspirncy. Il npncarrd to him lhal. ccconling to the opinion given by ll;e Juiigeii, .Mr. Iiruug;bani bad a right to be heard upun thui point. The Lail ef Liverpool cnntriu'.i'il that this was a new and aiinmaloiis niessmv, to begin a m w ca*;p in the roiir.=e t.f Ihe dircrt cai-e for  t be rlef.nc'% i* hieh wm not iiicliMled in (he (ippniiigof the ilefenre. by ivhieh he apprehended, if he nnderslood ihe OMinion of the Judges iiglilly,  ibey were bmiled in the cnse for llie ilct'ee.ec.    lie untlersiood from Ihe Jud.:fr9 ihut if II were inleiuled lo prove eoniipiracy the i charge of ronspiriiey niii.�I be iiiciuilr'd in Ihe opening speech j fir the defenie.    A nspirac\, bnt if there were a rons|ii[aey, the arts rf the ngpiits would be just a� have been cnmniittid on   ll-.i< 1 era-ion."    lie ;i.|i|ii r i.ei:ded  lhal   ihe Counsel fur IheQitien rould  not beiiiloiviil lu porsiie Ihe euurse pro-{ posed by iboni. i Lord Ersknie denied thai this was a new and anomalous I qncslion. He wns lenity to ailmit th.Tl the qneslinn of get. 1 lurg I'rnm iMii'iii "hut h.n.l I'^ihco fruin Colonel Crown in bis roiivi rualuin wih Ziiii;.i, �asveiy pmpei ly overruled. Hal the re.^e now (illired wiii: a ..ew cis., iKimely, ibal of proving Zailija to be an agent in the ennsjiiraey.' This llnvhiid a rl'lll to d.', eit.-.cr by b-^innllig with the (;e-nera! evidence, and hxiiig the ticis npun ihe individual, or by first proving (he indriduil ag. iicy. Tlieir Loid-sliips were to suppose a case u( imiictinent for conFjii-racy, ami then liny would sec lhal liie eviJeiire arrainsi llie con' J?ii�^.onftfroJn the Nnble Earl nppofileito relieve Iheir Lord bad been objected (o migh(, in bis upiuio^,' be put'u'wi(h aiiulbrr view, and h was competent fur-Ihe.Counsel m>t lo make any general opening uf conspirac]r,-ii>iit sborlty to slale Ihe question, and lhal he wnnnbijul lo prove �� and so. He would say nothing abunI the evidence in Ihis case; hnl, unless the view which bis experience ei^aMieil' him, to .take was niterly err.ineons, there was as mu^^iii/Terence in (be evidence.lu be received, under an iud.Fi^.ineul for a con--itpiracy, and the:present pfofeediug^,.a3;p^i*sibiy could exist.. His Liu'dahip.ack'no�led^j[sd:4Wi^^ 8iB>nspiracy: was established, il woulil he (heir diit^^look wilh ibe grealral jca-lousy even on lba( pari of the case lu which ttie rvideure of conspiracy did not apply; but be could not go so far as some Noble Lords, wbu argued as if conspiracy being established, there remained iiolbing ill the case worthy of consideration. In Ihe view he timk of the qnesliun now brfure their Lordships, it certainly was competent to Counsel to stale shortly the point lo which he was about lo flXamiue, aud to go inlti the jiroof thai Z^iiga was a cuuspiralur. iMr. ^Villlams slated, that he was about lo examiae ns lo the declarmious of Ziuga himself to (bc widiess, aud bad put (be preliminary qnesliun of wbal was said by Ziiiga lo Ihe wilness, when an objeclion was made, and successfully made, by bis Learned Friend Ihe Adorney-General, and a discussiun arose on Ibe supposition lhal he bad been about to do that of which he bad never even dreamed. He was about lo examine lo the fact thai Zanga had asked the witness to depose against her Majesly; and on the witness objecting that he knew no circums(.aoces, Zauga replied, " That is no matter, I can lake you and shew you the grounds, and you may fix on any place in winch you have seen Ihem embraciug," So lhal all was as agaiust Z inga, and uot Colonel Brown; and it never was opened ofberwise. The Lord Chancellor-Whst are the lerms of. the qun-lioii you propose (o put ? Air. Williams said be should put the same qnesdon. The questiou was read by llie shorl.hand writer- What did he say to you al (he lime? The Aitorney.General said he must again object to that question, ou ibe same giuuiids as he objected yesterday, fur bis Learned Friends' bad nut carried Ihe argumeul a whit further than |.|iry Ibelt did. He concluded by calling llieir Lord.�hips' alleuiiun (o (he mode In which i( had been argued by bis Friend Alr.Tyndall yeslerday, and Ihey would see lhal Ibe ubjecliuu was in substance Ibe same upon which their Lordships bad decided against the question. The SoliciturGcneral s.iid.be would, with their Lordships' permiiisiuii, add a few observalinns lu lliose which bad falteu from (be AllurDry-General. The manner in which be ap. prtliendrd il to have been stated by bis Learned Friend, Air. Williams, that ibis evidence ought to be ndmllled was, that it was coiuptteut lo them to prove, first, Ibe existence of a conspiracy; and next, ibat ibe individual alluded to was a party iu ibat conspiracy. He admilled, ibat if Ihey cuuld sliew lhal such a conspiracy ever did exist, and if they cuuld aUo shew tliat individual lu have been a party to it, tbrn every act of bis connected wilh the object of lhal conspiracy would be cvideuee. But bis Learned Friends as. sumed ibe whole grounds of Ihe case; Ihey assumed thai a conspiracy had been entered inio, for ihe piii pose of suborning witnesses lo give evidence agninst their client ; they assumed lhal Zanga was engaged in ibat conspiracy, and (hey asked Iheir Lordships on the faith of these assumptions, lo 11 t in a siring of evidence, concerning (bat person's coo-duel. Kn( he cou(eudcil it was necessary that those points should be fully proved before thai evidence could be let in. The Learned G-nlleman iben referred in support of his ar. j;iime�t to riiillipi't llules of Evidence, from which he read a long exiiaci, beginning at page 76 in one edition, and page df) in (he subseqitenl edidoii. All that be was desirous to do was to proilnce a clear and distinct underalanding uf this question among (heir Lordships ; and jf bis Learned Friends had convinced them ibnt there bad been such a con-rpirary as ibey spoke of, and th.il Zinga was a parly lo il, he did nut slmid Ibere to contend lhal this would nol be evidrnee. But was there, in fact, before them any evidence wliieli would convince any man whatever of the existence of such a cuiifipirary ? And if there were no evidence of that kind, still less did it appear that Zanga bad been engaged in it. For all that appeared ou that point was, from the evidence of Ihe last witness, ibat on coming down stairs be bad said something. Were their Lordships on such grounds In take il (bat a conspiracy was proved ? Waa thai rvideiire snfScieut (o induce ihein lo fix upon any individual a charge of so black a nature ? li was the firsi (ime bc bad ever heard of a couspiracy being so proved-it was I he first lime he had rvrrknowu it alteinpled (o main(ain (bat this was Butiiripnt (o jusiify Ibe lelling in of such evidence as il was now souglK lo lay before iheir Lordships. Iffrom any evidence Ihey bad alieady beard their Lordships saw any reason lo conclude Ibat Ibe cuiispiracy which had been so much spoken of had really existed-if it bad been shewn lo their saiisfsciioH thai Zinga was connected in any degree wilh lhal conspiracy, be was ready to admit that (lie queslion might be put; hut if, on the other band, (bey felt lhal Ibe conspiracy was not esiablisbed-if they had as yet no saiis-ficiory proof of Zaiiga's participation' fn il, he tbought it iinpossihle that this evidence could be -gbnt into, cunsislenl. ly Willi ihe principles of justiceyand the established rules of judicial procenlings. �" � Air. Williams commenced by slating his having been in. lerropled yeslerday on a mis6bncepribn of the grounds on which he was proceeding, aifd that the Aitorney General had entered into a reply lo arguments that bad never been used or thought of by him, and.hadsiicceedcd in preventing bini from opening evidence, wbich,if gone into, would have beaien down that argnineni, for it'would have shewn lhal he was c'lrrying the charge against Zanga, and nut against Colonel Brown, who had never eiilered his imagination. He was glad, however, that'an opporlunily bad now been afforded biin of stating what it was that he really meant to prove, and iiow he proposed lo arrive at the proof. He came now to consider the objections of his Learned Friend the Alloriiey-Geiieral lo Ibe course he had intended lo pursue. His Learned Friend had been pursuing as slrauge a course of argument as he had ever heard proceed from a Lawyer.- He had been addressing Iheir Lordships on the t fl'eci of ibe eviilencp, which effect could only be deiermiued by bearing ihe evidi nee itsrlf. Ills Learned Friend bad confused, be would excuse him for so- saying, two things, which, as a lawyer, he must have known to be essentially different.- lie |i,d conluaed the adinissibilily of evidence with the effect of; evidence, when he should have known that Ihe admissibilily cf ihe evidence was the fust thing (u be decided, and ihat Its effect was to be considered nilrr it bad been received. The connexion of the conspi-lacy wi(b Col. Brown or witli the Alilan Cumaiission was mil (he qucslioH tb-yhad now lu-grapple with. Whether Ibat Commission was a party to it-whether it was even aware of iu existence or nut-be- still contended that be bad a right lo prove Ihat there was a couspiracy. Sup-pose il bad only resulted frum an nppeiite lor gain excited in ibe Italians, by the idea of (he lucrative nature of (he speculation, (hat persons, ' be they who Ibey might, had engaged ibemselves in suborning witnesses; aud that it was nut al alt within the knowlege of Ihe Alilin Commissioners-it would slillbe a conFpiracy-the gnilt would he the same as to all the parlies who'were engiiged io it', il� effeet in Ibis tanee would be the same, and llierefiirr, be enntended be had a right to prove il. But, said Ihe Allorney-General, " Why don't you call Zinga'-WlialI rail bim >- Uim, the very culprit whom they charged wilb .(he crime -call him t(^ prove it by evidence of his own acts! Could his Learned Friends who argued thus, have been IHdyinit' iWe very esses to which Ibey had n ferrwl ? Had Ibey lliere fonud lhal Mr. Thelwall, or Mr. Touke.ur aiiy of the parties charged wilb the crime, bad been taken from Ihe dock and placed iu the witness box lo prove their nwn acts in evidence of that charge ? They charged ibe guilt of this ' conspiracy against Zanga-and bad he lieeo n person resident in this country, or within ibe range of its laws, or (be reach of il3 legal power, they would have placed liiiii at (bcfbar to OTswer (bat charge. ^Bnt it was really loo much lo suppose tiiat, living where he did, out of reach of the vengeaii'ie of oar that be would readily comply  wilh any in. rilnlion, or letter missive, lo come and place hioiscir al their bar to give evidence of ibis conspiracy, wbeii'ihe weight of Ibe charge lay against himself Such a case would he qoiie new to Uim. But he hoped (he At(orney-Geiieral in his reply would show him (he rule of law he b:id newly djs-rovereif,'by wliicb Ihe crime charged againsi any person wa� to he provtd by ihe evidence of ibe indi-ynlual himself. In all Ihe State irial erson had done any act affecting tfav proceedings in Ibis case, such as obstructing or tampering wilh the witnesses for the defence, or bribing or snborning, or attempting lo bribe or suborn witnesses (ogive evidence in support of the Bill, he cared nol what his name migbl be, be contended thai Ibey had a right lo give evidence of Ihat act. If he could prove lhal Zanga had made Ihe offer and ihe declaration imputed to bim, he did contend ihat be had a right so (o do ; and the ouly way to shut him out from proving il, the only way lu keep out Ibis evidence, was by declaring, lhal even admilling it to be proved, it was totally irrelevant lo this case, aird could not at ail affect the issue now before Ihem. You must be prepared to say (bat, or otherwise you cannot shut out this evidence. And 1 ask can any man so say ? I pul it to any Individual-the Judges-1 mean those Noble persons who arelodec'ide Ibis queslion. Let any man ask himself Ihi* qurslion, vhelher he would nut pause the mure before passing this Bill, nfler I shall have proved Ibis tale, which yon have only beard in slairments, than if he had never bad it hronglit lo bis knowledge. What is it I am offering' 1 am offering proof of a man who is making himself an ageut-I care not whether Brown is, or who are his employers; I may hereafter fix bim with (bat also, but I begin with tlic proof of wimt be (Zuiga) did, and I say, even if 1 am never able lo bring it horot, 1 ai.k, if any man would not pause Ibe more afier whjit 1 fix ou Zanga? tVhat is said to have been done? " Swear yon against the Princess of Wales and you shall have n reward." Says the man, � I cannot, I never saw her, I know nothing agaiuKl her, 1 never was at her place of abode." Says Zanga, " What signifies that, I will supply you wilb ihat knowledge, 1 will take you to the -place of ner abode, where all the witnesses have been, and she is said to go on (his promenade with Bergami as well as with oiber men and women, all yon have to do is lo say what 1 shall tell yon, and you shall have these Napoleons-come lo me and fix a place, lor it is true she was there al a certain lime, and all you have to do is to atld (and which 1 admit is no( true, but il is what you have to say) that you saw Bergami salute her Royal Higbntss-kiss her." Suppose I prove this, and in order to shew (bat I have a right to prove it, you must aasijme I can prove it. You must be prepared to say, that it ivill noi beKer (he Qneeu's defence anil not damage the prosecution. Is it not monstrous? Can any man doubt Ihat it will make a difference in the case ? Can any man lay bis band upon bis heart and say, according to his conscience, aiul upon his honour, and giv. ing bis vole for or against the Bill which is lo ruin this Queen, Ihat the having proved such a story as I have now staled would nol make the grea(es( iliffereuce in bisjuilgineiii ? Alyfrirnds ini^e'--vice; much stress certainly bud been  I iril  uti   (his  c"'-cuinsiance by ibe Cuuusel in siipnort of Ihe Bill.   I.a*.-,' Lindsay and otheisof her Ruynl lligh'iess's 'iltpinhl'ils wt-.-.-afierwards eximiued to this point, and it a;rpeaied liiey had left her service frum  motives on   ilieir uu-o niiii'is.   WK.ir ! would be said then if a wilneis was immpiI lu s ly tbii I.-.-j beard Bergami siy that her li lyal ni;,'!;n ms cid g"i [-..i ,t [ her English atteiidanis for the pu'p 'se i.f iiitrud'je;.,^ 1. ] family into h'r service ; woiil.l it lie fur n louiiionl ailortPi.' ; Certainly nut ; lb:?iC was iiu d: fforenre Ij-I-^-imi [';e ease .^.u t had pill as il hore ou ryi.li-nre, tVun^ ibil u-in-rlbeii ej--- � i sideraliun, and if th-ir i.ori!sli;;.8 alluw-il '.h:- ''/li 'n lie if I rid,.of by sni li means, be bail no h.pii..:io-i in s-iymsc i!i �/ would be attiiig agai'i.st every cunsl il ii'iu;t i! le n.iji'.e. Ixird Rei'eBf'jIe said tbeie w \� uj eyidcni e to conne. t � Zillga Willi ttic pruceediii:;-!. 'l"lK-n if tl?.- q -i'Ium w-jrt;;'-* i lowed to be put lo ihe u-itiess. it �u-j id bs n e ii aij ev -1 deuce rel.ilivc ti> a person ih.ii k..iw iiiHlni-^; ..f liie buiiner-, j fur which reason i( seenied lu linn lb it it vv-is inip.'-J-ibk �h--i evidence could be alluwed. E.lrl Grey .�ai'l, (hat wh-.it he tini'iT-loi.d -by tiie der:i-lim of the Jud.;es was, lhai evi.leii.e lo ru">-- the snl.oi ii iin ii I of wiltirsscs s-lulilil b:; allowed; '.villi t;*is i.nprcssi ii on .hit ! mind, be of r^pinioa iHaI ll.is i �-. I. u-. cjnjil noi 1.-' j received. He did not aaree tiiit i.'-e e..~.- put bv ihe .\;.-bie I and Learned Lord on the Wuolsu k ><-is unilu^uns lo iiuo -, ! fur the evidence hire was lo prore liiu i'.ngi �its en-^.ig-a ' ill a coll^pitary ; but btfuie Ifiat cuu'd he ii".-e'ved, ll .lie t be pruved llial he was cuiin.eltii v.ilbsuine oiin r uers;. �, which bad nol been done, fur a eunspirary i.nKt c-.,.. <;| ui' more ihaii one peisnn. Il was i;nl in evidcnre th it Zi.n^\ was connecli d iviib ibe agenls uf Guvernmenl, or n i h any other person ; bis having come cut of ihe hyu-e uf VU.iiar-   

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