from Vienna, with a person whose name he does not know; went to Holland with the other witnesses.

Mr. Brougham objected to this line of re-examination, as his cross-examination had laid no ground for it.

The Solicitor General submitted, that it arose regularly out of the inquiry, respecting witness's proceeding at Milan and Vienna, and his residence in London, to which the House assented.

Remained in Holland 20 or 25 days; returned with the other witnesses, and has since resided in a common dwelling near the House. The princess's female attendants on board the polacre, were, Demont and Brunette. Asked, Were their sleeping apartments on board below deck? [Question objected to by Mr. Brougham.] At the Villa d'Este there was a door to the corridor; when that door was shut, there was no approach to the princess's room, but through the room of Bergami. At the house at Naples, the situation of the rooms was [here the witness gave a long description of the topography of the house, which was perfectly unintelligible.]

The Marquis of Buckingham suggested, that the House would be greatly assisted by plans of the respective houses, &c. alluded to in the evidence, and proposed, that such plans, approved of by counsel on both sides, should be delivered in.

The Lord Chancellor suggested, that in the plans, the rooms, &c. should be numbered 1, 2, 3, 4, and so on, and not described by the names of their occupants.

The Solicitor General stated, that he was in possession of some plans; but they had not been prepared in conformity with the suggestion of the Lord Chancellor.

Mr. Brougham objected to the proposition altogether; no plan could be prepared which would not in some degree assist the memory of the witness. The mischief which might result from the daily publication of the evidence was obviated by the witness's ignorance of English; but a plan would speak all languages; it would interfere especially with that by which he meant to regulate his evidence, the description of the houses by the witnesses on the other side; it was ob

vious, that the production of plans would deprive him of non mi ricordo altogether.

Counsel were informed, that no plan should be produced until sworn to. And that when so verified, the witnesses would be entitled to look at it. Still, however, each plan produced would be open to contradiction, if conceived to be inaccurate.

It was proposed to put in a certificate of good conduct received by the witness, at the time of his quitting the princess's service; but as it could not be established, that Schiavini, by whom the testimonial was signed, had received from the princess any special authority, it was decided, that it could not be received.

EXAMINATION BY PEERS.

By Lord Auckland.-Does not remember the state of the weather on the voyage homeward, when the tent was on the deck.

By Lord Ellenborough.-Does not remember how the princess was dressed when she passed into the room of Bergami, through the cabinet at Naples.

By Earl Grey.-Saw the princess distinctly upon that occasion; witness feigned to be asleep when the princess looked at him. Left general Pino's service voluntarily, but asked no certificate of character from him; went to Vienna to get bread.

By Lord Darnley.-Does not recollect to have seen Bergami dine in company with lady Charlotte Campbell.

By the Marquis of Buckingham.-Saw the princess and Bergami enter the cabinet in which the bath was prepared, together. Did not see the countess Oldi, or either of the female attendants, with the princess and Bergami, when they went down to take the bath. Did not see them either on deck at that time; does not remember whether there was a second small room in the dining cabin.

By Earl Carnarvon.-The tent did not cover the whole deck; there was a passage on one side; does not remember whether any one slept in that passage.

By the Marquis of Buckingham.-The bath was taken before dinner.

By Lord Falmouth.-Knows that the princess gave Bergami the blue silk

dressing-gown, because Bergami told him so.

By the Earl of Oxford.-[Repeated his former description of the manner in which Bergami conducted the princess to the bath.]

By Lord Duncan.-Can swear that no person but Bergami and the princess was in the bath room. Was at the door when Bergami. went up for the princess, and when they came down. Bergami said, "Be at the door, for if there be any need of water, you shall give it me."

By Earl Grey.-When the room was open, could see if any person was in it. No person could have been in it without witness seeing; and swears, that there was no other person.

By Lord Auckland.-Remained at the door the whole time, with the two pails of water.

By the Lord Chancellor.-There was no person in the bath room, when the princess and Bergami went in.

By Earl Grosvenor. There was no second door into the bath room.

By Lord Auckland.-Saw Bergami come out of the bath room, and call down Demont to assist the princess in dressing. Was still at the door with the hot water; they had been in the room about half an hour.

By the Marquis of Huntley.-No change had taken place in Bergami's dress.

By Earl Grey-When Bergami went out to call Demont, he told witness to take away the hot water; as Demont was going into the bath room, witness was taking away his pails. Bergami did not return, and witness does not know how long Demont remained with the princess, because he went about his business.

By Lord Anson-Received the pails of hot and cold water at the door of the dining-room, from a sailor: the sailor knew they would be wanted, because it was he who had filled the bath. Witness never left the dining

room.

By Lord Grosvenor.-Was recommended to the princess by Bergami. / By Earl Grey. Cannot say whether the princess was in the bath before Bergami left the room.

By Earl Carnarvon.-Cannot say how the princess was dressed when she went into the bath room; there

was no furniture in that room but a sofa.

By the Marquis of Lansdowne.-Left the service of the princess because she was surrounded by bad people. Was in jest when he applied to Schiavini to be again received; had no serious intention of returning to the service of the princess; was in place at the time.

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By Lord De Dunstanville.-When witness and Carlino lay between the walls of the tent in Syria, heard whispering voices in the interior tent; cannot say whether the voices were male or female.

By Mr. Brougham, through their Lordships. When he had the conversation with Schiavini, witness was in the service of the Marchese Erba Odescalchi; had a conversation upon the subject with the elder Camera. Camera said to witness, Teodoro Majoochi, do not enter into any service, because her royal highness wishes to take you back, and shall pay you. Teodoro, give me back the certificate of your good service, and I will tell to her royal highness that you have not taken another engagement, and she will pay you for the whole time that you have been out of her service, or losses you may have suffered. And witness said to Camera in reply, Camera, give me back my paper. [Witness had previously handed it to him, Camera.] Give me back my paper, for rather than go to serve her royal highness, on account of the people that are about her, I will go and eat grass. Never made any application to Camera on any occasion; does not know whether Camera was examined

at Milan.

By the Earl of Lauderdale.—The conversation with Camera took place before witness went to Vienna.

Gaetano Paturzo called in.

Mr. Denman asked the witness whether he was not a Catholic? and how lately he had partaken of the Sacrament of the Lord's Supper? Counsel were informed that the question was irregular, and the witness was sworn.

Examined by the Attorney General. Is a Neapolitan; is captain, and onefourth proprietor of a merchant vessel. In April 1816, was mate of a vessel of 300 tons, commanded by one Gargiulo.

The princess of Wales sailed from Augusta, in Sicily, in this vessel to Girgenti, and from Girgenti to Tunis. The persons whom witness remembers as in the suite of the princess, were a certain Bartolomeo Bergami, count Schiavini, a certain William Austin, a certain Camera, Teodoro, Carlino, a cook named Francis; the lady of honor, called, as witness believes, the countess Oldi; the chamber-maids Demont and Brunette, and a little child called Victorine. The whole size of the ship almost was divided into three parts, not, however, equallytwo lateral parts extending longitudinally, along the foremost two-thirds of the vessel, and the remaining part consisting of the whole after-part of the vessel; the lateral parts were divided into a number of small apartments for the suite, with a passage between them; the other third consisted of the dining-cabin, which extended quite across the ship, and two small rooms in the immediate stern of the vessel. The right hand of these two rooms was occupied by the princess, the left, by the lady of honor (countess Oldi); the rooms communicated by an interior door. On the voyage to Tunis, Bergami slept in the apartment of the right lateral section, nearest to the dining-cabin. At leaving Tunis, however, his bed was removed into the dining-cabin, and placed more particularly on the right hand,” or, "to speak more correctly, on the right hand," of course nearest to the cabin of the princess; it was placed in a situation, that when the door from the princess's room, into the dining-cabin, was open, the princess and Bergami could not avoid seeing each other in bed: from the fore part of the vessel, there were two doors into the dining cabin [the mizen mast, and a cupboard surrounding it, stood between these doors.] When the vessel left Tunis, one of these doors was nailed up; leaving but one entrance to the dining-cabin, from the body of the ship. Went with the princess from St. Jean d'Acre to Je

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Looking from the stern to the bow of the vessel.It is necessary to observe, that right and left in this part of the examination always relate to the vessel, not to the particular rooms.

rusalem [witness here described the mode of travelling, and of resting in tents]. Knows where the princessreposed; cannot say where Bergami, but imagines. [Interrupted by Mr. Denman, and informed by the House, that he must only state what he knows.] Never saw Bergami rest under any other tent. At Jerusalem, was present at a church ceremony. Bergami, Austin, and Schiavini were made knights of the Holy Sepulchre ; knew nothing of any other order at Jerusalem. The princess embarked at Jaffa, on the voyage homeward; there was a tent erected on the deck; a sofa and a small bed were placed under it; they made an angle with a little distance between them to afford a passage; has assisted in closing the tent from the outside; frequently upon such occasions, the princess, Bergami, and some person of the suite used to be inside. The servants used to come out, but who remained inside, witness cannot say, because there was a communication from the tent with the dining-cabin, through the deck. When the tent has been opened in the morning, has, for the most part, seen the princess sitting or lying on the sofa, and Bergami on the bed; sometimes a servant, sometimes none. Bergami used to be dressed, when on the bed, in a loose robe, with large sleeves. known the tent closed during the day, for half an hour, or an hour. When closed in the day-time, the princess and Bergami, and some of her suite, who assisted in closing the tent, used to be under it; has sometimes seen this person so assisting come out; at other times, has gone about the ship affairs, without seeing the person come out. The tent was never closed but by the order of Schiavini, Camera, or some other person of her royal highness's suite. Has seen the princess walk the deck arm in arm with Bergami; has seen them in different situations, sitting on a gun, with the arm of one behind the back of the other; has seen Bergami sitting on a bench near the main mast, with the princess on his lap or thigh, with an arm round his neck, over his shoulder. Has seen Bergami lying on his back in his small bed, and the princess standing near to the bed, leaning forward. Whenever the captain observed witness looking

Has

at such occurrences, he sent him away, because they are relations. The sofa was first placed alone under the tent; the iron bedstead was afterwards taken out of the princess's luggage. On St. Bartholomew's day, there was a general rejoicing among the suite and crew; each of the sailors got a dollar by Bergami's order; they danced and sung, crying, "Long live St. Bartolomeo," "Long live the Chevalier." When Bergami came on board at Jaffa, the princess's court (in all seven persons) assumed a new order, with a yellow ribbon, "The order of St. Caroline."

Cross-examined by Mr. Denman.Resides with his father, Gian Battista Paturzo, first pilot in the royal navy of Naples, with the rank of an officer. The crew consisted of twentytwo persons in the whole. Has seen none of them very lately, but the captain Vincenzo Gargiulo. The bench near the main mast was on deck, of course subject to the observation of all the sailors. The crew were at liberty to go to all parts of the deck, except that occupied by the tent. Was first applied to, to come to Eng land, by the English vice-consul, at Messina, about the 23rd or 24th of July, in the present year. Is to be paid for coming, 800 dollars a month, which he considers very little.

[Marchese Spineto (interpreter ). The dollar is about 4 and 3 pence, or 4 and 4 pence; has known it as high as 4 and 5 pence. All his travelling expenses have been paid. Was examined at Milan, by colonel Brown, three other persons were present; lodges where the rest are, where there is a communication with this room, down below. Cannot say whether the persons whom he describes as the rest, are in number 6, 20, or 100. Knows of them only the captain Vincenzo Gargiulo, Teodoro Majoochi, and the cook; he supped in company with these last night.

Re-examined by the Attorney General. -The vessel which he commands measures 269 tons; it is not merely the hire of the ship and crew which he loses by coming here, but he is a considerable loser by the interruption of his commercial speculations. If his speculations succeeded, he would gain much more than 800 dollars a month.; if they failed, he would lose more.

EXAMINED BY LORDS.

lar question, repeated nearly the same By Earl Grey-[In answer to a simianswer as he gave to the last question of the attorney-general, about the profits of his ship.] On the ally on deck at night, one at the voyage, ten of the sailors were usuhelm, near to whom the witness stood when on duty; the others in the forward part of the ship. There was a passage beside the tent, by which the men passed back and forward, when occasion required.

By the Marquis of Lansdowne.-When sent by the captain from witnessing the familiarities between the princess and Bergami, always went upon the duty to which he was ordered. The weather was generally fine; once there was a storm, and then the princess and her suite went below deck. [Witness delivered in two plans, one of the arrangement of the vessel below deck, which has been already described, the other of the position of the tent.] The tent was erected extended more than two-thirds across between the main and mizen-masts, and the deck from the right side of the vessel, to which it was attached; leaving less than a third of the vessel free for a passage on the left side. There were two entrances from the deck into the dining-cabin, one under the tent, the other farther forward.

By Lord Auckland.-Teodoro Majoochi at first slept in the hold; afterwards, wherever he felt more easy, he stretched himself. From the hold he could not hear what passed on deck.

By Lord Ellenborough..

Does not

know whether Majoochi ever slept in the dining-cabin. On the voyage from Jaffa, had Bergami any place to sleep, but the place within the tent? Where the princess and Bergami slept, I have not seen them, but what I know morally is, that the princess and Bergami slept under the tent; because there were horses on board, which made a great deal of noise, and they said that they could not bear to sleep below. On the sofa there was nothing but the single mattress, which was doubled, and the other mattresses were placed on the princess's bed, in her cabin below, as in the beginning. Cannot say whether Bergami's bed

By the Earl of Darnley.-Has seen the princess sometimes in the morning open a little of the tent, and saw her having a white gown on, a dressinggown, or some gown or other. She opened the tent to get a mouthful of fresh air in the morning, before sun-rise.

By Lord Ellenborough.-Has never seen Bergami look out of the tent about the same time.

By Mr. Denman, through their Lordships. The name of the witness's vesel is, Il vero Fidele.

By the Earl of Lauderdale.-A person in the dining-cabin could readily hear people in the tent, speaking in their natural voices.-[Witness ordered to withdraw.]

The Lord Chancellor stated, that he could communicate it, as the result of his researches into the highest sources of legal instruction, that a witness falsely swearing, in the proceeding before their lordships, might be effectually prosecuted for perjury. An obstacle might be opposed by their lordships privileges; and he proposed to make a motion upon that subject, on the following day.

AUGUST 24.

Vincenzo Gargiulo was called in. Mr. Williams, upon the swearing of this witness, suggested that the witnesses should be sworn in the form and by the adjuration most binding on their consciences. The learned counsel referred for authority to the case of Omichund and Barker, in which it was ruled by the 12 Judges and the Chancellor, that a heathen might be sworn according to the tenets of his superstition.

The Lord Chancellor admitted the law, so far as it might be applied to persons believing in a Supreme Being and a future state.

Mr. Williams continued.-His present object, he said, was, to inquire whether in the country of the witness (Italy), and according to his faith, certain preliminary ceremonies were not necessary to give full solemnity to an oath.

Mr. Brougham went into a further examination of the rule laid down in the case of Omichund and Barker, and lord Mansfield's comment upon it, in which he says, that every man is to be sworn in the way that binds his conscience most. The learned gentleman then proceeded to illustrate his argument by reference to a late case at the Old Bailey, where a Chinese was sworn holding a saucer before him, which was subsequently broken.

Her majesty's counsel, therefore, required that the witness should be asked, whether there were not practised in his own country certain ceremonies more binding on his conscience than the oath which he had just sworn.

The Lord Chancellor and Lord Erskine concurred in objecting to putting the question in this form.

Lord Grey proposed that it should be shaped thus: "Whether the witness knew any form of swearing more binding than that he had just gone through ?"

The Lord Chancellor was proceeding to put a question, whether a witness having taken an oath in a court of law could (without himself making any objection) be questioned in the manner proposed [Cries of Go on, go on]. The question was, however, referred to the judges; and while they were absent, lord Darnley inquired whether any and what steps had been taken to prevent a communication between the witnesses examined, and those yet to be brought forward.

Lord Liverpool replied, that it was impossible to enforce any separation by stronger means than an injunction to witnesses not to converse; such a coercive separation has never been practised in any judicial proceedings. At the assizes, for example, the witnesses were almost always necessarily in contact.

The Lord Chancellor, in pursuance of notice, proposed a motion, that the House would not suffer its privileges to be set up in bar of any prosecution for perjury.

The Chief Justice then delivered the