his gross perjury. The other was a lieutenant in the navy, Hownam, fainting under examination when he was pressed, in consequence of having thought he could make an impression by his manner of relating things. As Thanet said of Sheridan's evidence, to which he partly ascribed his conviction, that he wished to make a show of how he should excel in giving his testimony-forgetting, said Thanet, that the only excellence of a witness is clearly and correctly stating the facts;-so Hownam desired to obtain a like distinction by a like injury. I must, however, add that Sheridan did beat Garrow, and turn the laugh against him; and that his evidence did not materially injure Thanet's case.*

The case for the Crown having closed on the 7th of September, the House of Lords decided on Saturday the 9th to adjourn the further consideration of the second reading of the bill to Tuesday the 3d of October. I passed a part of this interval at Brougham, and when there wrote as follows to Lady Charlotte Lindsay:

TO LADY CHARLOTTE LINDSAY.

"BROUGHAM, September 10, 1820. "MY DEAR LADY CHARLOTTE,-I wish I could tell you more accurately than I fear I am about to do. But it must be partly conjecture. I hear the Government reckon on the House of Commons beginning with the bill November 4. If so, I don't see why I should

* In allusion to the trial of Lord Thanet, Mr Ferguson, and others, for the attempt to rescue Arthur O'Connor from custody in 1799.-St. Tr. xxvii. 821.

not get away before the end of this month. I certainly do not look to much above a week more in the Lords, who will pass the bill as a matter of course, and would do so if no witnesses had been called on either side, and would also add a clause, if desired, to cut off my head or cut out my tongue, and to order Lady Anne to marry Denman and Williams, which would be a far worse punishment than mine. In fact, the only remote chance of their hesitating is the fear they may have of its not going down elsewhere; for I am by no means sure of its passing the Commons, and the Lords may be afraid of the scrape they would be in were they to pass it and the Commons to throw it

out.

"I find the feeling universal in the country, and the evidence is little thought of. First, the people don't much trouble themselves with inquiry whether she is guilty or not, rightly conceiving that to be rather a question of curiosity than of any connection with the present case; and next, such as trouble themselves with such inquiries don't go beyond Majocchi and Demont.

"By the by, Bergami seems to puzzle and divide them. Some think him a spy, and all his family; others are prepared, if he comes over, to set him up for Middlesex or Yorkshire.-Believe me yours ever, "H. BROUGHAM."

The following letter from Denman at the beginning of the adjournment shows his opinion of our case at that time. It was in answer to one from me, asking what he thought should be our future course of proceeding.

"CHELTENHAM, September 13, 1820.

"You state so clearly and fully all that can be said on either side of the question as to our course of proceeding, that one has nothing to do but say on which side one votes; but I will mention how the matter struck me, as far as I had considered it, before your letter came. I have persuaded myself, on a careful perusal of the evidence, that we are now entitled to the verdict. The inconsistencies, the meannesses, the marvellous non-confirmation, the poverty of cogent proof, considering the means possessed and unsparingly employed, the uncandid and cunning course of prosecution,-convince me of this, even independently of the never-failing topics of Italians, discarded servants, foreign manners, &c. But this is the strength of our case; what can be added will be comparatively feeble at least, if not actually injurious. The Lords have been tired of the subject; but they will return to it with some curiosity, to hear not only what is to be proved, but what can be said. Our complaints of being silenced when the case closed will be almost as useful as the liberty of answering immediately would have been. But this is the crisis of the case, and here you must be heard at large, and tear their case into a thousand pieces. The opening of ours I expect to be nothing, in fact; but if we are fortunately better provided with facts, my impression is that Williams should state them. With the frankness of which you gave me an example, I own that I think either you or I should sum up, under which name the whole case may be fully discussed, and the weakness of the original proofs for the prosecution again denounced. Unless our case turns out much better than I anticipate, your

fatigue at the close of some hours' speaking will be a complete apology for confining your statement to the most general terms possible; and, at all events, it ought rather to fall short of the evidence than overstep it. Lushington may be heard either before or after the summing up, as circumstances at the moment seem to require. I shall send your letter to him by to-day's post, and hope to see him here to-morrow. We will then give you more in detail our joint opinion.

"Meanwhile, my general impression is, that our strength is in their weakness; that our case will be next to nothing; that the opening, therefore, ought rather to be slurred than explicit; but that, as the evidence now stands, we are clearly entitled to an acquittal in any court, and may decidedly fix public opinion in our favour.

"In case of evidence in reply, you must again be heard, when, in spite of all restrictions, you will derive the fullest advantage from every favourable occurrence that may have arisen in the further progress of the affair.

"I get better every hour, and most sincerely hope you keep your own, and improve.

"Pray write again if anything strikes you.-Yours most faithfully and sincerely, THOMAS DENMAN."

391

CHAPTER XVII.

ITALIAN WITNESSES

THE NORTHERN CIRCUIT-RESUMPTION OF THE GREAT CAUSETHE TACTICS OF THE DEFENCE- THE PERORATION -THE BILL ABANDONED - INTENDED POLICY IN THE COMMONS IF IT HAD PASSED THE LORDS-THE POPULAR FEELING THE TROOPS-REVELATION OF THE PURPOSE OF THE THREAT IN THE OPENING OF THE DEFENCE—THE LEGAL CONSEQUENCES OF THE FITZHERBERT MARRIAGE-EVIDENCE OF THE CEREMONY-FEELING OF THE KING ON THE LOSS OF THE BILL- ELDON AND LEACH THE POLITICAL EFFECT -THE QUEEN'S POSITION-THE CORONATION—ADVICE TO THE QUEEN NOT TO ATTEND HER DEATH PERSONAL ANECDOTES AND CHARACTERISTICS OF QUEEN CAROLINE-THE DISTURBANCES AT THE FUNERAL-PROSECUTION OF A CLERGYMAN FOR PREACHING A LIBEL ON THE QUEEN.

WE all of the common-law bar went our several circuits, and I had the opportunity of frequent conferences with Williams and Tindal, who went the northern circuit as I did. I had many communications, of course, from both Vizard and others in London, and from those who were sent abroad on the Queen's behalf. Upon these Williams, Tindal, and myself conferred. We of course gave up all that part of the circuit after York, and returned to town, to be ready for the 3d of October, when the proceedings were fixed to commence. At all our consultations, when we differed, whether at the one before or after the day's proceed