§ The Lord Chancellor took his seat, and prayers were read about a quarter before 10 o'clock.
Lord Ellenboroughwished to draw their lordships' attention to certain observations which had appeared in a paper of yesterday (The Times), in which an imputation was cast on the character of a noble lord now absent, his wish being to state what perhaps that noble lord himself would already have stated had he had the opportunity of being present; and which would show that the imputation was unfounded, and at the same time that there was no inconsistency in the evidence given by the witness Majoochi. Their lordships would recollect that Majoochi stated that he went first from Milan to Vienna in 1817, in the service of the marquis Odescalchi; that he remained some time at Vienna, and went back to Milan; and that he was in the service of the marquis six or seven months before he entered into the service of the British embassy. If the dates were compared, it would be found that this brought him down to the month of March, 1818. Now he (lord E.) knew that lord Stewart landed in England in July, 1817, and he knew that he had business of his own which detained him in, England and Ireland till February, 1818. Up to that period he had seen 941 him frequently; but it was besides matter of public notoriety, from the proceedings in Chancery, that lord Stewart had continued some time longer in this country, at least till after the month of March. But he did not leave England until some months subsequent to that date, and he himself met lord Stewart on the Dover road, in August, 1818. It was, therefore, impossible that lord Stewart could have been at Vienna during the period of the service of Majoochi with the marquis of Odescalchi, or that he could have any communication with him after he left Milan. There was, therefore, no contradiction in what had been stated by the witness on this subject. It would be found, that when Majoochi was asked whether he saw lord Stewart, he said he did not recollect, but that he saw his secretary. Now he begged it to be understood that in making this explanation he was far from throwing any reflection on the conduct of colonel Deering. Nor could he conceive how it could be stated as any thing derogatory from the character of a public officer, that he had endeavoured to secure to his government the examination of a witness whose evidence was required in a case important to the dignity of the Crown and the personal honour of the Sovereign. He had stated this much in order that it might be known that there was no contradiction in the evidence, and that what had been stated respecting the conduct of lord Stewart might also be known to be as false as it was base.
§ The Order of the day for the Bill of Pains and Penalties against her majesty, being read, and counsel being called in,
Mr. Broughamsaid:—Will your lordships permit me to state, that a very unfounded impression has gone abroad through the public prints respecting the re-examination of Theodore Majoochi, yesterday? It has been most incorrectly imputed to me, that I had re-examined that witness on the existence of a letter which I never saw, the fact being that I applied to your lordships for that permission, on depositions of most respectable persons.
The Attorney Generalsaid, that his learned friend had with reason complained of the imputations thrown upon him. He knew not whether their lordships had read the daily papers; if they had, they would see with what justice he (the Attorney-general) had to complain of the imputa- 942 tions thrown, particularly in The Time8 newspaper, on the law officers of the Crown, and the very improper comments given on the evidence brought before their lordships.
The Earl of Lauderdaledid not know what had been stated in the papers, but he knew there were other publications of a very improper nature. In one of them, entitled "a Peep at the Peers," it was among other things of which he had reason to complain, stated, that he and his family received 36,000l. a year from the government, whereas he did not receive a farthing of the public money.
The Lord Chancelloradverted to the necessity of preventing a repetition of certain irregularities which had occurred during the last two days. As to the complaints against the conduct of the daily journals, it was difficult to say what course ought to be pursued. It was better to leave the subject for future consideration, when it might be specifically considered. As to the publication entitled "a Peep at the Peers" alluded to by his noble friend, he must say, that though he wished his noble friend had the 36,000l. a year, yet he never read so much falsehood before in his life, as was contained in that work.
Then Francesco Birollo was again called in, and further examined as follows by Mr. Parke, of counsel in support or the bill, through the interpretation of the Marchese di Spineto.
In the course of the voyage from Jaffa to Greece, did you at any time see the sides of the tent let down at day-time? Do you mean on shore.
On board the ship? Yes, I have seen them.
At what time of the day was that? In the morning, when I got up.
Did you see the sides of the tent at any time in the middle of the day let down? Also in the middle of the day I have seen it.
What persons were under the tent when it was so let down? As usual, there were Pergami and the princess.
Did you accompany the princess on shore when she went to Jerusalem? I did.
Did you go with her to Ephesus? I did.
Do you remember in what place dinner was prepared for the princess at Ephesus? I do not remember exactly the place, but I know that we had been at the consul's before Nazareth; but I do not know the names of the places.
Do you know where the princess dined at Ephesus? I do not remember; I was working for the family, and I did pay no attention to those things.
943 Do you remember where she dined at Scala Nuova? No; because I went before with the luggage, and I went on board ship.
After the princess returned to Italy, were you with her at the Villa d'Este? I was.
Were you also at the Barona? I was.
Before the time that you went on the voyage to sea; after that time had you opportunities of seeing the princess and Pergami together at the Villa Villani, the Villa d'Este, and the Barona? Before the voyage, no: because they possessed not yet the Barona:
At the Villa Villani and the Villa d'Este had you opportunities of seeing the princess and Pergami together before the voyage? I had.
On those occasions how did they conduct themselves toward each other?
Dr. Lushingtanobjected to the question as leading, that it was too general, and ought to be made more pointed, that it was a summing up of the whole.
§ The question was proposed to the witness.
§ They were arm in arm.
§ Have you seen that more than once? Yes, many times.
§ Did you ever see them together in the kitchen at the Villa d'Este? I have.
§ What did they do when they were together in the kitchen? Sometimes they came there, ordered something to be prepared, a napkin was spread, and something was laid to eat.
§ Were they alone at that time, or was any other person with them? Sometimes they were alone; sometimes there was with them the dame d'honneur.
§ Was that the countess Oldi? No Oldi, but the sister of Pergami.
§ When they were in the kitchen eating, in what way did they eat? She cut some pieces, stuck a fork into it, and ate herself, and then took another piece, and said, "Here it is, you eat also."
§ Did you ever see the princess and Pergami on the lake together? I have.
§ Was any person with them, or were they by themselves? Sometimes they were alone; for he rowed, and she was with him in a small canoe.
§ Do you recollect a person of the name of Mahomet? I do.
§ Do you know of any exhibitions made by Mahomet in the presence of the princess? I do.
§ What sort of dress had Mahomet on, was it European or Turkish? A Turkish dress.
§ Describe what Mahomet did in the pre- 944 sence of the princess? He did so [making a dancing motion,] saying "Dema" "Dema."
§ Did he do any thing with his trowsers in the course of those gesticulations? He made a kind of roll to represent something, I do not know how to call it decently.
§ Did you observe the princess on that occasion? She was looking, and laughed.
§ What did he do with this roll when he had made it? He took it in his hand and made gesticulations; I cannot say what he meant to represent.
§ What do you mean by "non posso dire?" I cannot say what he had in his head to represent by that, what he meant to represent. Did that take place before the princess more than once? Once I have seen it in the kitchen, another time he was in the court and she was at a window.
§ Were you with the princess at Turin? I was. Were you at an inn there? We were. Do you recollect the princess going to court any day? I do.
§ Do you recollect whether on that morning you were in Pergami's bed-room? I do.
§ At what time of the morning was it? About nine, or half-past nine.
§ Had the princess got up at that time? I do not know.
§ For what purpose did you go into Pergami's bed room? I went to carry a ruff to the dame d'honneur, to put round her neck, and a pair of gloves.
§ Did the door of the chamber of the dame d'honneur open into that of Pergami? We entered into the room of Pergami, and then on the right there was the door of the room of the dame d'honneur.
§ Did you observe the state of Pergami's bed, whether it appeared to have been slept in-or not? At the moment I was coming out from the room of the dame d'honneur, I saw Pergami coming out from the room of the princess, open the curtains of his bed, I saw that it was made, and he scolded me.
§ Was Pergami dressed when he came out of the princess's room, or half dressed: what clothes had he on? No, he had a morning gown of silk striped, he had his drawers, his stockings, and slippers.
§ Do you recollect, when you were at Barona, any balls being given by the princess? I do.
§ What description of persons were at those balls? People from the neighbourhood, no gentlemen, people of the low and middle rank.
§ Cross-examined by Mr. Brougham.
§ When did you come to this country? When they brought me here.
§ When did they bring you here? About nine or ten days ago.
§ Where were you before that? I was with my master.
945§ Who was he? The marquis Incisa.
§ Where did he live? In Piedmont.
§ How long had you been with him? I am still with him; I have been with him nearly three years.
§ When were you examined first, in this business? About two or three and twenty months ago.
§ At Milan? Yes, at Milan.
§ Who examined you there? An advocate called Vimercati.
§ Who was by, besides Vimercati? There were three or four gentlemen writing there.
§ Have you ever seen them since? I have seen one.
§ When? Before I came here.
§ Did you go to Vimercati at Milan, or did any body take you there? They sent for me, saying that they wanted to speak to me, and I went.
§ Was it at that time that you agreed to come over here? Yes.
§ Have you ever seen them since? No, because I went into Piedmont: but I have been twice at the advocate Vimercati's; the first time, as I have said, there were three, and Vimercati four; and the second time there was only the advocate Vimercati, and the gentleman whom I knew.
§ What is the name of this gentleman whom you knew? Colonel Brown.
§ Was it colonel Brown that sent for you from Piedmont? Yes.
§ How do you know colonel Brown? Because I saw him at the advocate Vimercati's, and the servant of colonel Brown lives near me.
§ Do you mean near you at Milan or at Piedmont? At Milan, next door at Milan.
§ What wages had you with the marquis Incisa? One livre of Milan per day; eating, drinking, every thing comfortable, and plenty of perquisites, which are a good many, and indeed there are many perquisites.
§ Interpreter.—He says in this country they say, give me something to drink, in Italy it is something of the same species; he says he has a good many.
§ What wages had you with the princess? Every three months I got ten napoleons, that is to say, ten twenty francs.
§ Had you your keep there? Yes.
§ And every thing comfortable? Nothing else but eating and drinking, all the rest I was to supply myself.
§ Does the marquis give you clothes? Not through obligation or agreement, but as presents.
§ There were no presents in the princess's household, were there? I never received any presents except when we returned from the voyage; for instance, I received a present when he was made a baron, he gave me two dollars.
§ Were not you cook with the princess? Yes.
§ Had you no perquisites as cook, did you make nothing of being cook there besides 946 your wages, no perquisites? The profits I left to the other people who worked with me, for their pay was small.
§ Did the baron Pergami pay you? Yes.
§ Did not the baron overlook the accounts of the house? Yes.
§ Was not he very exact? I do not know that, the accounts were so many.
§ On board the ship, was it your business to be on the deck or below cooking? On deck on the foremast.
§ Do you mean that the kitchen was upon the deck? Yes.
§ Where did the princess's maids sleep on board the ship? I do not know that.
§ Where did Mr. Hieronimus sleep? That I know, because sometimes I went into his cabin to have a glass, his room was in a corner.
§ Where did Mr. Hownam sleep? I know he was in one of the cabins; there were so many cabins, right and left, I do not know precisely which, but I know he was in one of them.
§ Where did captain Flynn sleep? I saw. them go into their rooms, one on one side and one on the other, but I do not know precisely the rooms, I was always on deck.
§ What have you had for coming here? Nothing at all but the trouble.
§ Do you expect nothing? I hope to go soon home to find my master.
§ Is nobody to give you your livre a day during the time you are absent from your master? There is my daughter, I do not know whether he pays her still, I have received no letters, and I do not know whether she still receives money.
§ Examined by the Lords.
Earl of Liverpool.—When you said in a former answer Pergami's bed appeared to be made, did you mean that it appeared as if it had not been slept in? I did.
Marquis of Lansdown.—Do you remember to have seen Mahomet perform in the same motions which you have stated that yon have seen him perform twice in the presence of her royal highness, before other members of the family when her royal highness was not present? Yes; he played the same tricks before us many times.
Duke of Hamilton.—How did you know it to be the princess's room out of which you saw Pergami come? Because when I was ordered to carry the breakfast, I went with the people to carry it, and I saw her royal highness come out from the same room all combed and dressed.
About what time of the day was that? Not entirely dressed for going out, she was combed, but she had her usual dress.
Earl of Lauderdale.—When Pergami came out of the princess's room and scolded you, can you state what Pergami said? "You scoundrel, what are you doing here? Who has opened the door?" I said I had found it open, and he said, "Go away."
Lord Falmouth.—You have stated that Pergami looked over your accounts; had you ever any quarrel about those accounts with Pergami? Yes, I have had some disputes.
Was that just before you left her royal highness's service, or at what time was that?
I had had some disputes before and also after with his brother.
When you left her royal highness's service, did she give you a good character? No, because I did not ask for it.
Did you leave her service of your own accord, or were you discharged? There was some quarrel up and down, and they told me you may go, and I went.
Earl Grosvenor.—At what time in the morning were the beds usually made for the family at Turin? I did not go to make the beds.
Do you know at what time they were made? I cannot say, for there was a servant who made the beds: it was only through accident that I entered his room.
Was it your duty to take the breakfast up? There were the waiters of the inn.
Was Mahomet in any particular employment in the service of her royal highness? Mahomet had the care of the horses, for there was another who did nothing,
Was Mahomet employed in the stables? One in the stable, and the other like a servant.
§ Earl of Darlington.—Do you recollect the king or queen coming to her royal highness the princess to the inn at Turin? I do.
Did her royal highness go out airing with the king or queen? She did.
Do you remember whether Pergami attended the princess at that time, when she went out with the king or queen? Yes, he followed; but the king had the arm of the princess.
Did Pergami go in the same carriage, or in what carriage did he go? This I cannot say; I cannot remember; I know that he went into a carriage, for there were three carriages; but I cannot tell in which carriage.
Do you recollect at what hour the princess went to court? When she went airing it was about eleven in the morning, when she went to dinner it was about one in the afternoon.
§ Earl Grey.—Were you in the service of general Pino when Theodore Majoochi left it? No.
Earl of Morton.—Is it usual in Italy to make up the bed in a different form for the day and for the night? There may be a manner, but I know in my house the bed is made in the morning; but I never made a bed
§ Lord Auckland.—You have stated that you knew the princess's bed-chamber from having seen her royal highness leave it dressed, and with her hair dressed, does that remark apply to the morning that her royal highness went to court, or to any other day? On that same day she went to court.
948 At what hour did you see her? About half past nine or ten.
The following question was proposed by their lordships at the request of Mr. Brougham:
Were not you once, while in the princess's service, confined to your room in consequence of a hurt received in a scuffle? Yes.
Do you recollect her royal highness coming to your room, to see whether you were well treated, and to ask after you? I do; she and the baron.
Lord Ellenborough.—At what hour did her royal highness come to see you when you were confined, in consequence of that hurt? The hour I do not know, I know she came to me, and I was half asleep, and Pergami told me, "Mind, it is the princess who has come to see you."
Did her royal highness come more than once to see you? Once.
Earl of Belmore.—Was it by night or by day that the princess came into your chamber? By day.
Were you in bed at the time the princess came to see you? I was.
Earl of Carnarvon.—Did the princess come into your room alone, or was Pergami with her when she came? They came together.
The witness was directed to withdraw.
Then Samuel George Pechell, esq. post-captain in the royal navy, was called in; and having been sworn, was examined as follows, by Mr. Attorney General.
I believe you are a post captain in his majesty's navy? I am.
In the month of March 1815, did you command his majesty's frigate the Clorinde? I did.
Were you in that month at Civita Vecchia? I was.
Did you, at Civita Vecchia, receive her royal highness the princess of Wales on board the Clorinde? I did.
Do you recollect by whom she was accompanied? By Lady Charlotte Lindsay, the hon. Mr. North, Dr. Holland, Madame Falconet, her two daughters, and various servants.
Amongst these servants, do you remember a person of the name of Pergami? I do.
In what capacity did Pergami act, on board the Clorinde? As a menial servant.
Were you in the habit of dining with her royal highness during the time she was on board the Clorinde? I was; her royal highness was entertained at my table.
Did Pergami wait at table? He did.
Did he wait at dinner as the other servants, as a menial servant? He did.
Where did you convey her royal highness at that time? To Genoa.
In the course of your voyage to Genoa, did you touch at Leghorn? We did.
Did any of her royal highness's suite quit 949 the ship at Leghorn? Lady Charlotte Lindsay and Mr. North quitted her at Leghorn.
Was there a boy of the name of Austin on board? Yes, there was.
You say you conveyed her royal highness to Genoa, did her royal highness quit the ship at Genoa? Yes, she did.
With her suite? With her suite.
Do you remember how long she was on hoard your ship at that time? Seven or eight days.
In the course of the autumn of that year were you again at Genoa? I was.
Do you remember the month? In August 1815.
Did her royal highness in that month embark at Genoa on board the Leviathan? No, not till November.
Were you at Genoa when her royal highness embarked on board the Leviathan? I was.
Had you seen her royal highness in the interval between March and November? I had, in the month of March; but not from the time of her departure from Genoa.
Did you happen to see her at the time she came to Genoa to embark on board the Leviathan? I did.
Did you see her royal highness come to the shore in her carriage? Yes, I did.
Who accompanied her in the carriage when she came to embark on board the Leviathan? I remember the countess Oldi and Pergami being in the carriage, with an infant, but I am not certain of any other person.
Did you go in the Clorinde from Genoa to Sicily? I did.
Had you directions to go to Sicily for the purpose of receiving her royal highness at Sicily? I had.
About what time did you arrive in Sicily? May I refer to a paper of dates.
§ The witness referred to his memorandum, and said,
§ On the 7th of December.
Mr. Attorney General.—Did you in Sicily receive her royal highness on board your ship? At Messina.
Previously to your receiving her royal highness on board your ship the second time, did any communication take place between yourself and her royal highness? Yes.
What was the nature of those communications? I received a letter from a Mr. Hownam; the communication made to me was, that her royal highness intended to embark from Genoa in the Clorinde.
That was before you had left Genoa? Yes.
Did any communication take place between you and her royal highness, before she embarked on board your ship? There did.
State the nature of those communications? On the morning after my arrival at Messina, captain Briggs informed me, that her royal 950 highness had expressed uneasiness at the prospect of keeping her own table on board the Clorinde, I therefore desired captain Briggs to go to her royal highness in my name, and to say, that I was ready to do every thing in my power to make her royal highness comfortable while on board the Clorinde, provided her royal highness would be pleased to make a sacrifice which my duty as an officer compelled me to exact, by not insisting on the admission to my table of a person of the name of Pergami, who, although he was now admitted to her royal highness's society, when she last embarked on board the Clorinde, was in the capacity of a menial servant. I saw captain Briggs on the afternoon of the same day, when he told me he had had the conference with her royal highness which I had desired; and that, from the tenor of his conversation with her, he believed there would be no difficulty in my request being acceded to; but that her royal highness required a day to consider the subject. The Leviathan sailed the following day; and on the morning after that, I waited on her royal highness, to know her determination; her royal highness declined seeing me herself, but desired Mr. Hownam, one of her suite, to inform me that my request would not be acceded to, and that she should accordingly provide for her own table.
How soon after that did her royal highness embark on board the Clorinde at Messina? Her royal highness embarked on board the Clorinde on the 6th of January following.
How long was that after this communication? About a month.
Who accompanied her royal highness this second time when she came on board the Clorinde? The countess Oldi, Pergami, master Austin, and a count, whose name I understood to be Schiavini, and various servants.
Was there a little child with her? And a little child, which I understood to be Pergami's.
Where did her royal highness dine during the time she was on board your ship? In her own cabin.
Do you know who dined with her? I do not.
She did not dine then at your table, during the time she was on board the Clorinde? She did not.
How long was she on board the Clorinde? three or four days.
§ Examined by the Lords.
Earl of Oxford.— It appears that you refused to allow the princess to sit at your table then, because she refused not to admit Pergami; supposing a lad who waited at my table or any other person's table, should have the good fortune to be made a midshipman in his majesty's service, and afterwards become of rank, either as a lieutenant or a captain, would you after wards refuse to sit down with that person?
§ The question being objected to, the same was waived.
§ Thomas Briggs, esq. post-captain in the royal navy, was called in, and having been sworn, was examined as follows by Mr. Attorney General.
§ You are a captain in his majesty's navy? I am.
§ Did you in the year 1815 command a ship of war of his majesty called the Leviathan? I did.
§ Were you at Genoa in the course of that Year? I was.
§ In what part of it? In November 1815.
§ Was your ship ordered to Genoa for the purpose of receiving on board her royal highness and her suite, and to convey her to Sicily? She was.
§ Did her royal highness and her suite embark on board of the Leviathan at Genoa? She did.
§ Can you state by whom she wa9 accompanied when she came to embark? By her suite.
§ Do you remember of whom that suite consisted? I do.
§ Be good enough to mention them? Her royal highness, Pergami, Mr. Hownam, I think count Schiavini, and two or three other foreigners—Montechelli I remember the name of, but I do not remember the names of the servants that accompanied the suite.
§ Was there Madame Oldi? There was Madame Oldi, and there were two servant maids.
§ Do you remember her royal highness coming down to embark? I do.
§ Do you remember who came with her in the carriage? The countess Oldi, Pergami, a small child, and I think there was another person, but I am not quite confident; I remember these three perfectly.
§ Did her royal highness dine at your table? Always, while she was on board.
§ Did Pergami dine with her? Always.
§ What disposition had you made of the cabins for the accommodation of her royal highness previous to her royal highness embarking on board your ship? I had made such arrangement as I thought would accommodate her royal highness and the whole of her suite.
§ With respect to the apartments which you had appropriated for her royal highness and her suite to sleep in, where did you assign a cabin for her royal highness? The after apartments of the Leviathan were divided into two cabins, which I intended for her royal highness; the one as the sleeping room, and the other as a sort of drawing-room; before that, there were two other small cabins in a line, which I intended for her royal high-ness's suite, the countess of Oldi, and the two maids before her; and I meant to put the men any where, some below in the wardroom, and some in my cabin, as was most conveni- 952 ent, reserving one part of my cabin for myself; that was the disposition of the apartments I made then.
§ Was that disposition altered by her royal highneis? It was.
§ Look at that plan? [A plan was shown to the witness.]
§ Mr. Denman stated that he should have objected to that with another witness, but did not object in the present instance but rather wished it should be done.
§ Mr. Attorney General withdrew the plan.
Mr. Attorney General.—You say that you appointed a cabin for Madame Oldi and the female servants; was that immediately adjoining the cabin intended for her royal highness? It was.
You say, that disposition was altered by her royal highness; in what manner was it altered? The cabin I had intended for the countess of Oldi was altered; an alteration took place in the doors; and Pergami was put into that cabin.
What alteration took place in the doors? The two small cabins which were to have contained the countess Oldi and the servant maids had a communication within each other, and when her royal highness came on board, she said that she desired Pergami's cabin should be changed—that he should be placed where the countess of Oldi was, and she put into another apartment, one of her own, which I had intended for her; there was only a communication between those cabins from the inside, that is to say, that to go into the countess of Oldi's cabin, you must have gone through the cabin where the maids were; when this change took place, the door was filled in between those two cabins, and brought inside, and opened close by that cabin which her royal highness occupied.
So that after that alteration the door into the room appropriated to Pergami was near the door of the room of her royal highness? It was.
You have stated that Pergami dined at the table with her royal highness; have you ever observed her royal highness walking with Pergami? I have seen her royal highness walk with Pergami.
In what way? Arm in arm; but I think it was at Palermo; and I think I recollect to have seen it at Messina; it would not have been considered by me at all uncommon; I have occasionally seen it, I may say three or four times in the course of the time she was with me; she walked with him occasionally when she went out; and at Palermo and Messina I remember having seen her walking with him arm in arm.
Do you remember, in consequence of a request of captain Pechell, waiting upon her royal highness with any message from captain Pechell to her at Messina? I do.
State what passed between her royal high- 953 ness and you upon that occasion? When I quitted Messina, it was very much the wish of captain Pechell, that I should speak to her royal highness about embarking on board the Clorinde; he told me that Pergami having been in the situation of a servant on board his ship, he could not possibly think of sitting clown with him at table; and he said, "it would he very pleasant to me, if you would he so kind as to mention this to her royal highness before you go away, because I am left in a very uncomfortable way here by you;" upon which I asked her royal highness's permission to speak to her upon that subject, which she granted, and I made known captain Pechell's objection to sit down to table with Pergami, upon which her royal highness said she did not care, that she had thought as I had sat down at table with him, captain Pechell might do the same, but she did not care it was only to prevent the captain's keeping two tables that she had Pergami with her; upon which I said, if your royal highness has no objection to Pergami dining from the table, captain Pechell will be very happy to see you, and to keep the table as I nave done.
You say, that her royal highness stated that you had dined at table with Pergami; did you make any observation upon that to her royal highness? I made this observation, that Pergami had never been a servant in my ship; that if he had, it would have been impossible for me to have admitted him to the table.
Did you communicate what had passed between yourself and her royal highness to captain Pechell? I did.
Then you left Messina? I left Messina on the 11th of December, three or four days after I had anchored there.
§ Cross-examined by Mr. Denman.
§ In the course of the conversations you had both with captain Pechell and her royal highness, did you not perceive there had been some little dispute between them, as to the former voyage? I had seen captain Pechell before I had waited on her royal highness: he came to me as the senior officer, to report himself, and he then told me the line of conduct he meant to adopt with regard to her royal highness.
§ Did you not discover, from the conversation of both, that there had been some difference about the stowing of her royal highness's luggage, or something of that kind? On her royal highness's part I did: she repeatedly complained of captain Pechell not having accommodated her so well as I had done.
§ Did it fall to your knowledge to know where the countess of Oldi slept on board the Leviathan? It did.
§ It was in a room adjoining to that of her royal highness, was not it? It was.
§ And there was a door opening immediately from the one into the other? There was.
§ Countess Oldi's room and the princess's di- 954 vided that part of the ship between them? Precisely so,
§ And both opened into the dining-room? They both opened into the dining-room.
§ Each directly by several doors? Each directly by two doors.
§ Was not the cabin you had provided for the maids occupied by them? It was.
§ And that also opened into the dining-room? And that also opened into the dining-room; all the cabins opened into the dining-room.
§ Re-examined by Mr. Attorney General.
§ The Clorinde was a frigate, and the Leviathan was a ship of the line? Yes; one a-line-of-battle ship and the other a frigate.
§ So that there was more accommodation on board of the Leviathan than could be given on board the Clorinde? Certainly.
§ Examined by the Lords.
Lord Ellenborough.—Was the sleeping place you reserved for yourself in the dining-room closed, or had it merely your cot? It was closed at night and opened in the day.
When you were in your cabin at night, could any person have passed from Pergami's room to that of the princess without being seen by you? I should certainly say it was possible, but I do not think very probable, that any communication could have happened; they would have run a great risk of my hearing something of it, but I might have been asleep; I should say, I do not think it likely; it frequently happened I was on deck half the night, or so; I was subject to all calls; I was, very constantly out on deck at night.
Lord Hood.—Did you observe any improper conduct take place on hoard your ship I between Pergami and the princess of Wales? No.
Had you any reason to suspect, that there was any improper conduct between her royal highness the princess of Wales and Pergami? I saw no improper conduct.
§ Earl Grey.—Did you not frequently receive, during the night, reports from officers who were on duty in the ship? I did.
They had therefore constant access to your apartments' during the night for that purpose? The officer of the watch had constant access to my cabin, whenever any thing occurred that he wished to inform me.
And you were liable to be called up at any moment on any emergency that might occur? I was.
Earl of Rosebery.—After the change of rooms you have spoken of, in going to that occupied by Pergami, was it absolutely necessary to pass through one of her royal highness's apartments? No.
When you were called up at night, must you necessarily pass through the dining-room? No, my cabin was in the dining-room, and the door opened within the screen, so that I could have gone out on deck without pass- 955 ing through the dining-room, but I must have gone just into the angle of it; I had not occasion to pass immediately through it, because the door was close to my cot.
Then you did not pass through the dining-room, but only by an angle? I crossed an angle of the room.
How long was her royal highness on board the Leviathan? She embarked the 14th of November, and remained till the 4th of December.
§ Lord Duncan.—Were not those officers who came to you at night for orders, obliged to pass through the dining-room before they could get to your cabin? They must come into the dining-room, but not pass through it, because the moment they were over the threshold of the door, they were in my cabin.
Marquis of Buckingham.—Did the screen which constituted your sleeping place include the door at which the sentry is placed? It included the door in part, but not altogether.
Therefore an officer coming through the door at which the sentry is placed into your sleeping place, need not go into the dining-room, but going through that door he would find himself at the door of your room? He must go into the dining-room; mine is a loose screen, he would put the screen on one side, and come to my cot.
What kind of partition was there between the dining-room and the small cabin occupied by Pergami and the maids? It was a pannelling, double thick canvas with pannels.
Lord Colville.—Was the door a regular door on hinges? Yes.
The door which was next to the princess's sleeping apartment? Yes, a regular door with lock complete.
What was the nature of the partition which divided her royal highness's apartment from the dining-room? A regular wooden bulkhead.
With a door on hinges? Yes.
The partition that divided your sleeping apartment from the dining-room, you are understood to have said was a loose screen; was that so? It was.
Of canvas or baize? Baize, rolled up in the day-time; when my cot was taken down after I had dressed.
And the officer of the watch, or any person wanting access to you in the night, on entering the outer cabin, must necessarily have seen if any of the doors opening into the dining-room were open or shut? Oh yes, no doubt, if it had been light enough.
Did you always keep a light burning in the dining-room by night? No.
Did you within your own screen? No, never.
Was there any light in the after-cabin? The light was always with the sentinel on' the outside.
Earl of Liverpool.—Was there a light gener- 956 ally allowed to be burnt in the after-cabin? No, not unless they chose to have a light; if her royal highness, or the countess Oldi, had chosen to have a light; and perhaps they may have had one, but I do not remember to have seen one, when I have occasionally seen the doors open.
Lord Colville—Did any person sleep in the dining-room during the time her royal highness was on board the Leviathan? Yes.
Who was that person? I think Mr. William Austin was one, he was quite a youth; then I think there was another person, I am not quite sure whether signor Schiavini did not; I think there were one or two cots; I know Mr. Hownam slept below, I am not quite sure whether Montichelli did not hang up a cot there, there were one or two cots hung up, and I cannot at this distance of time recollect exactly who were the persons who occupied them.
Were there any screens round those cots that were hung in the dining-room? There was one screen on the outside, and the panneling of the cabin, made the other side screen, they were hung near that side of the cabin, and there was a screen on the outside of the cots.
Supposing her royal highness to have wished for the assistance of any of her female attendants, had she any means of communicating with them, by a bell or otherwise? Yes.
State those means? By ringing a bell out of her apartment.
Did that bell lead into their apartment? No but close by the end of it, so that it could, have been heard, and the sentry, if the bell had been rung, would have come in to know what was wanted, and to receive her commands.
Were there two doors, or only one, which opened immediately from the dining-room upon the quarter-deck? There were two doors that opened on to the quarter-deck.
Were they both used occasionally by the officer of the watch at night? No.
Which door did he generally use when he wished to communicate with you? The left door, what we call the larboard door; every one came in at the larboard door.
That was the side on which you slept? It was.
And the door on the starboard side was always kept shut at night? Yes, it could be opened, but it was kept shut and bolted; it was opened for air during the day in the hot weather.
If it happened to be the weather side, would the officer of the watch have entered on the starboard side? No, never; he always came the larboard, and every one else.
Earl of Lauderdale.—What answer did her majesty give you when you stated the message with which captain Pechell charged you? What I have before mentioned; alter making the remark about his being as good 957 company for him as he was for me, she said, "Well I do not care, it is only to prevent the trouble of your keeping two tables that he dines with me at all; I do not care then." I remarked, that if she would dispense with his dining at table every thing would be right, and that captain Pechell had desired me to say he should be most happy to receive her royal highness, and to keep her a table as he had done before; and I left her rather under an impression that he would not have been at table when he went on board the Clorinde, because I remarked it was so very easy for him to have his dinner sent him in a. smaller cabin; and I was under that impression that he would not have dined at the table when they embarked.
When her royal highness complained of captain Pechell relative to the mode in which her baggage was stowed, was that complaint made previous to or after you had communicated captain Pechell's message? I never heard a complaint made about captain Pechell at all, except in conversation with her royal highness; she did not appear pleased with the ship; there were no complaints during the time he was under my orders; but this was conversation before captain Pechell came, that she had complained of former treatment in the Clorinde.
When the alteration that you refer to took place in the cabins, was that by desire of her royal highness or of any other persons? It was by command of her royal highness the princess to me.
The following question was put by their lordships at the request of Mr. Denman.
Had you not received a complaint from captain Pechell upon the subject of the inconvenience which he thought he sustained from the manner in which her royal highness's baggage was stowed upon the former voyage? I had heard captain Pechell say that the ship was a good deal lumbered from the vast quantity of baggage that came on board of her royal highness and her suite; but it was merely in the nature of a remark, it was not in the nature of a complaint to me as his superior officer.
Was any remark made by captain Pechell as to the expence of the table he was obliged to keep?
§ The Attorney-General objected to this question.
Mr. Denmanwas heard in support of the question, and submitted, that it might be material to show that there was a subject of disagreement between her royal highness and captain Pechell, which might be a motive for her conduct.
The counsel were informed that many parts of the evidence captain Pechell gave, should strictly have been first given by captain Briggs; that if it could be shown by cap- 958 tain Pechell or captain Briggs, that some particular reason led to her royal highness's going on board under the circumstances under which she did go on hoard, that would be a very proper subject of examination.
Mr. Denmanhaving had an opportunity of conferring with his learned colleagues, declined giving their lordships further trouble upon this point.
The witness was directed to withdraw.
Then Pietro Cucki was called in, and having been sworn, was examined as follows by the Solicitor General, through the interpretation of the marchese di Spineto.
Do you reside at Trieste? Yes.
Do you now keep an inn there? I am the agent at the great inn at Trieste.
Mr. Solicitor General.—Do you know an inn at Trieste called the Black Eagle? I do.
Who keeps that inn? He is called Vincenzo Bartoletti.
What is the name of the inn of which you are the agent or superintendant? L'Abergo Grande; the great inn of the town.
Do you remember the princess of Wales coming to that inn? I remember it well.
In what kind of carriage did she come?
A small open carriage with two post horses.
Who came with her in that carriage? Mr. Pergami was with her, without any other servant, or without any servant at all.
Can you tell about how long it is since that affair happened? I do not remember; about four years ago, I think more than four years.
How long did her royal highness remain at Trieste at that inn? Six days.
Do you know in what apartment her royal highness slept I do well.
Do you know also the apartment which was allotted to Pergami? I remember it well.
After her royal highness and Pergami had come in the carriage, in the manner you have described, did the suite come in afterwards in other carriages? They arrived in about an hour alter the arrival of her royal highness.
Into what apartment did the bed-room of her royal highness and the bed-room allotted to Pergami open?
Mr. Williams objected to the question.
Into what place did the bed-room of her royal highness open? The door was facing the room of the dame d'honneur, No. 2.
When you say it was facing the room of the lady of honour, what was there between them? The dining-room.
Did the door of the bed-room occupied by her royal highness open into that dining-room? Yes.
Did the door of the bed-room allotted to Pergami open into that dining-room? The room where Pergami slept opened into that of the dame d'honneur, who was his sister, and came into the dining-room.
959 Besides the door of the bed-room of her royal highness, and the door of the bed-room of the counless of Oldi, were there any other doors that opened into that dining-room? The door of No. 4, to go out by.
Was that the only other door that led into that dining-room? There were no other doors to that room.
Can you state whether that door was fastened at night? It was fastened.
Was it fastened from the inside or the out? I do not know: I do not know whether it was shut from the inside or from the outside: I do not know whether they closed the door themselves, or whether any of the servants closed it.
Was it always closed at night during the six days that her royal highness was there? Always shut up at night, at the time they went to sleep.
What beds were there in the bed-room occupied by her royal highness—how many? There were two beds near one another.
What bed or beds were there in the room that was appropriated to Pergami? One single bed.
Did you at any time in the morning, during the period that her royal highness was at Trieste, see Pergami come out of any room into the dining-room? I have seen him come out of the room of the princess.
About what hour in the morning? About eight, or half past eight.
How many times did you see that during the six days that the princess was at Trieste? Three or four times.
Describe the manner in which Pergami was dressed at the time when you saw him so coming out of the room of her royal highness? He had a surtout made according to the Polish fashion, which had some gold lace behind, that reached from the waist down.
Besides that robe what had he on? He had drawers.
Had he any stockings? Sometimes stockings, and sometimes pantaloons which are stockings and pantaloons together; but this I cannot precisely say, for I was looking out from the key-hole of my room.
What had he on his feet? It appeared as if he had some strings, as if to fasten the drawers.
At the time when you saw this, was the door of the dining-room opened? It was still closed.
What led you to look through the key-hole in the manner you have described?
§ Mr. Williams objected to the question.
Mr. Solicitor General.—Where did you yourself remain in the morning, before you went into the dining-room? In my own room, which was at the end of the dining-room.
What was the situation of your room? My room was between the corridor and the dining-room, having a door that led into the dining-room; from the key-hole of this door I looked into the dining-room.
960 What were you doing at that door at that time? I was with my breakfast service, to give it in when it was asked for.
Did you go into the room at the time? When they asked for breakfast, I entered the room.
Did you remain there with the breakfast service, or did you go back? I remained with the breakfast service in my room.
Were you afterwards suffered to go with your service into the dining-room? At the first, to carry away those things that were there, sweep the dining-room, and then take in the breakfast service.
Did you go in before you were called for that purpose? Never.
During the time that the princess was there, did you ever see her walking with Pergami? All day, every day; they were always together.
How did they walk together, in what way? Speaking together; sometimes in the hall, sometimes in the dining-room, sometimes in the room of the dame d'honneur.
Did they walk together separately, or in what other manner? Sometimes alone, and sometimes one spoke on one side and the other one spoke on the other side to those of the suite.
When they were walking together, in what manner did they walk together; did they touch each other, or were they separate from each other? They did not touch each other, as far as I have seen, but they were arm in. arm.
Did you ever see the princess while she was at Trieste walking arm in arm with any other person? The count Cotta, the vice governor, came to take her to the theatre, and she gave the right hand to count Cotta and the left to Pergami.
Did you make any observation on the beds in the bed-room of the princess, whether they had both been slept in, or only one? They were both tumbled.
Did you make any observation upon the bed in the bed-room which had been assigned to Pergami? Yes I did.
Did that bed appear to have been slept in? Never.
After Pergami went away, did you make any observations upon the sheets of the bed in the bed-room assigned to Pergami? The sheets had been put on the bed clean, and they were taken away clean.
How many chamber pots were there in the bed-room of the princess? Two.
Did you observe whether or not they had been both made use of? I say yes.
Was either of the two empty? There was a good deal in each; they were not empty.
In the bed-room of the princess was there more than one basin for washing? There were two wash-hand basins.
Did they appear to be both of them used, or only one? I do not remember that; there are many travellers who wish to have two basins, and yet they are alone.
961 Were you present when her royal highness went away? I was.
How did she go away? In the same way as she arrived.
Did Pergami go away with her? They set out together without servants, in the same open carriage.
Cross-examined by Mr. Williams.
How soon after did the suite go? A quarter of an hour, not quite so much, almost immediately.
Have you any doubt about her royal highness having remained as much as five or six days? Six days.
Are you quite sure of that? No more.
Are you sure she remained so many as six days? Yes.
Do you remember the day of the week? No.
Can you remember the day she went? I do not; if somebody had told me something, I might have ascertained the point; but as they have told me nothing, I do not remember.
As this is some time ago, probably your memory is not very full and fresh upon the subject.
The Solicitor-general objected to this, as not being in the form of a question.
Had your room of which you have spoken, a door into the dining-room? A secret door that could not be known to be a door.
A secret door that could not be known to be a door, by any body that was in the dining-room; is that so? Yes.
Was that part which formed the door covered with tapestry, or was it part of the wood like the rest of the room? It had painted canvas.
Which covered the whole of it, so that a person could not tell that it was a door at all? No.
Was it then quite impossible for a person in the dining-room to discover by any symptom that there was a door? It was impossible except one of the family, one who belonged to the house.
Was not the reason of its being impossible, because the door was entirely covered with canvas? Yes.
You are understood to say that the reason why no stranger to the room could find out that there was a door there, is, that it was wholly covered with canvass? Yes, entirely covered.
Are you still agent, or by whatever name you go, of the Grand Hotel at Trieste? I am after taking the inn which is called the Black Eagle; but if I do not gain the law suit, I shall continue to be in the Grand hotel.
You are not asked what you are after, but are you or not at prerent still agent to the Grand Hotel? I am not sure, because the inn is exposed to an auction every nine years; the lease has expired, and I do not know whether my principal will buy the lease or not, because it belongs to the town.
962 As agent of the Grand Hotel, was not it your business chiefly to attend upon the guests? I have waited upon them, I am always the first to wait upon them.
Was not your chief business to attend as a waiter upon the guests? Both
Both what? As I am the oldest servant in the house, I know the rules of the house better than any other person in the family.
Have you any other waiters under you? Two more.
Were they men or women? One had the name of Giusto, and the other was called Bernardo Cesare.
You are understood to have said, that you had the superintendance or management of this inn, and yourself assisted as a waiter besides? All the affairs of the family, both those duties.
As it was a great hotel as you describe it were not there any females engaged as servants at the time the princess was there? There was one.
What was her name? She was called Maria Mora.
When you talk of the door being fastened every night, do not you speak of what was done by the other servants, or some of them? No, the waiter did not do that.
What do you mean, when you say that No. 4, was fastened; was it done by the servants, or by. yourself? It was shut by themselves; I do not know whether it was from the suite of the princess, or from Pergami; this I do not know.
How long was it after the princess was there, that it happened that you were first examined upon the subject, or said any thing upon the subject? I think about three years before I was examined; it was past two years and a half or three years.
You are. understood to have said, that a great number of guests are in the habit of continually coming to that inn? Yes.
It is the chief inn for travellers in that place, is it not? It is the best inn.
At the end of the two years and a half, or three years, who was it that first applied to you, to know what you had to say? Some one who came to dine at the inn, who asked me, "How did the princess conduct herself?" I answered, "I have no reason to complain, she has behaved well."
Were you at Milan? Yes, I have been.
More than once? If I must go to my country, I must go through Milan; I have been at Milan five or six times.
What countryman are you? I am of near Asti, in Piedmont.
Have you been at Milan, in order to give any account of what you are supposed to know upon these subjects? Yes, about eighteen months ago.
Who examined you there? Colonel Brown was there.
What lawyer assisted him? A lawyer who is here, I do not remember his name.
963 Would you know it, if you wore assisted with it? I know that at Milan, and the lawyer here I know also.
Was it Mr. Powell? Yes.
Was counsellor Cook there? I do not know how he is called, there was one who appeared to me to be a Milanese.
Was that Vimercati? I do not know.
However, you were at that time regularly examined, were you? Yes.
Was your examination taken down in writing? I believe so.
And you gave a full account there, did you, of the rooms, and all you have told to-day? What I can say before God I have said here, and I said it at Milan.
Have you been examined since you came to this country by the same English gentleman that examined you at Milan? No.
Have you been examined at all by any body since you came? I was examined before the presence of the present interpreter, and of the advocate whom we have mentioned.
Where are you speaking of; what do you mean by the present interpreter? I have been examined upon the same business.
By whom? By the same advocate or lawyer, in the presence of you [meaning myself the Interpreter] and two other gentlemen.
When was that? I think on the second or third day after my arrival.
How long have you been here? I do not know; but I think it is about a fortnight that I have been here.
Whom did you come with? Signor Capper brought me here.
Did you come with Mr. Capper alone, or any others in company with you? I went as far as Boulogne with a certain Andreazzi, who has been three times at the inn where I was, to take me.
Who is Andreazzi? Andreazzi is a person sent by colonel Brown from Milan.
To accompany you on your journey? Yes.
You have received no money? Yes; I did not wish to have any, but he has given me some.
You did not wish for any money? I did not; he told me, take this, and gave me eight golden napoleons and eleven francs.
You are understood to have said that you did not wish for any money? I did not wish for any money.
True it is that you were examined at Milan, and your examination was reduced into writing, and you have been examined again here? Yes.
That is a mistake on the part of the Solicitor-General, as I understand that the room of Pergami did not enter into the dining room?
The Solicitor Generalobjected to the form of the question.
The counsel were informed, that the question was objectionable in its form.
The Solicitor Generalobjected to this, as an inference from the evidence, and not in its form a question.
The counsel were informed, that that which is put on an original examination in the form of a question was frequently allowed to be put in cross-examination, in the form of an assertion; that it was so put in the shape of assertion, if it was stated to the witness "you have said so and so," but the counsel must be careful to recite correctly the statement of the witness.
Mr. Williamsstated, that he was desirous of showing that that statement of the witness to-day, as to the situation of the rooms, varied from the deposition he had formerly made; the form of the question put by the Solicitor General having assumed the position of the rooms to be different from that which the witness had stated.
The Solicitor Generalstated, in answer, that the form of the question put by him was occasioned by a mistake in his reading the paper before him.
Mr. Williams.—Then is it to be taken as a fact, that the door of Pergami did not open into the dining-room, but into the bed-room of his sister, the countess of Oldi? Yes.
State to their lordships the name of the party that came to your hotel before the princess of Wales? The order came from the vice-governor, count Cotta, to prepare the apartments, half an hour before.
Who were the persons composing the party which arrived at that inn last, before the princess of Wales? It is not possible for me to remember; one I do, a man of the name of Perrie, a manufacturer of watches at Neufchatel.
Who composed the party that came next after the princess of Wales left? It is impossible for me to remember; if I were at home, there is a book where the names of all the travellers were put down.
Do you recollect whether the princess of Wales was there during a Sunday? I do not remember.
Nor you do not remember the day she came, nor the day she went? I do not remember; from the book every thing may be known.
That book you have left behind? The book is at Trieste, where the names of all strangers are put down.
Can you remember that the princess went to the opera? Yes, she did go.
Was the princess ever at that inn of which you speak more than once to your knowledge? It was the first time she ever had been there.
Has she ever been there but that one time in her life? Once only.
Did you ever see her at Trieste but that once? Once only; she went to Gorrizzia, and afterwards an order came that she was coming no more.
965 Re-examined by Mr. Solicitor General.
You have mentioned there was a female servant in the house of the name of Maria Mora, where is she at present? She came to beg something to enable her to go to Jerusalem.
How long ago is that, to the best of your recollection? Last spring.
Have you ever seen her since? No.
You have mentioned a servant in the house of the name of Cesare? Yes, Bernardo Cesare.
Do you know where he now is? I do not know.
How long is it since you have seen him? It is about three years.
Look at this gentleman? That is the gentleman who has examined me. [The witness pointed out Mr. Maule, the solicitor to the Treasury.]
Where did he examine you? Here below in a room.
Did he take down in writing what you said? Yes; I do not remember, but I think so.
You have been asked what party it was that came to the house at Trieste, immediately before the party of her royal highness the princess; was there any other princess with any large suite that came there about that time? At that moment there was nobody.
You have said something about receiving eight napoleons and eleven francs, when was that?
Mr. Williamsstated, that he had not asked any question as to the witness having received any money, and submitted that the Tact being stated by the witness not in direct answer to the question, did not entitle the Solicitor General to re-examine upon it.
The counsel were informed, that the matter having come out in the cross-examination, the Solicitor General was entitled to re-examine upon it.
§ The question was proposed.
§ At Boulogne.
§ How long have you been absent altogether from Trieste? I cannot say, I do not know.
§ State as nearly as you can recollect? I have left Trieste since the 28th of June.
§ Do you lose any thing by not being at Trieste? I undergo much loss.
§ According to the best of your judgment, is that loss more or less than the eight napoleons and eleven francs you have mentioned? I derive more profit in my house.
§ Explain what you mean by a law suit?
Mr. Williamsstated that he had abandoned all idea of his intending to refer to the present proceeding, and understood the witness to refer to proceedings in respect of the inn.
The Solicitor General waived the question.
You have said, that the door communicating from the place were you stood into the dining-room was entirely covered with can- 966 vas; explain, how it was that you saw into the dining-room? I looked in order to be exact in my service, in order to bring in the service when they called for me.
How could you see into the room if the door was entirely covered with canvas in the manner you have described? I could see, because there is a key-hole that looks into the dining-room.
§ Examined by the Lords.
Marquis of Buckingham.—Do you know whether during the princess's residence at the inn in question the countess Oldi's bed appeared to have been slept in every night? Nobody can sleep in there, because the bed was too small.
Do you know where the countess Oldi slept whilst the princess remained at the inn? She slept in No. 3.
Did the bed in No. 3. appear to have been slept in every night? The countess Oldi herself slept there; I know no more.
Do you know where the other female attendants slept during the princess's residence at the inn? As far as I recollect there was one woman who slept in No. 1. with children.
Did the bed in No. 1. appear to have been slept in every night? Yes, because there was a boy and a girl.
Was Pergami's bed the only bed which did not appear to have been slept in during the princess's residence at the inn? Never any one.
Do you mean that Pergami's bed was the only one which did not appear to have been slept in? The only one; because the sheets were taken away in the same slate as they were put.
Was there any appearance in Pergami's room either from the pot dechambre, or other circumstance, of any person having slept in Pergami's room? I believe there was something; for it is possible that when he went to make his toilette he might have put something into the pot de chambre.
A Peer.—You have stated that there were two beds in the princess's room at Trieste, were there two beds in that room before the princess arrived? There were, but they were not so near one another as they were placed after the arrival of the princess.
Were you in the habit of looking through the key-hole when the apartments were occupied by other guests? In the same way.
Earl of Liverpool.—You have stated that the door was all covered with canvas, and yet you have stated that there was a key-hole, through which you could look; explain how that key-hole was placed, whether the canvas was cut as well as the door, so as to leave an opening for the key.
Earl of Liverpool.—You have said that the canvas covered the whole door, did the canvas 967 then cover the key-hole? Some little matter, as if a knife had been passed through it, a slit by a knife.
Was there a small hole in the canvas? Yes.
Could that have been seen easily from the dining-room? Yes, it could be seen very well.
Would it have appeared from the dining-room like a key-hole, or only a hole in the canvas? Smaller than the key hole, about one-half, because it was not necessary to shut it from the dining-room, but it was shut from the inside of my room.
When you say it was not necessary to shut it from the dining-room, what do you mean by the word shut? Locked.
How long have you been a waiter at the grand hotel at Trieste? From the moment it was opened; it is nine years on the 24th of August.
§ [The witness produced a key.]
§ Interpreter.—He says that the key of this secret door was somewhat narrower than this.
Lord Kingston.—Was there any door under the canvas? Yes.
Was there any key-hole in the canvas? There was; it went through the canvas altogether, from one side to the other, but with difficulty; it might be discovered from the dining-room, a stranger could not know it.
§ Earl Grey.—In what manner was the painted canvas placed on the door, did it hang loose over the door or was it fixed to it? It was fixed with nails.
Was not there then a separation round the door of the canvas on the door from the canvas on the other part of the wall? There was.
Could not that separation be seen by persons in the dining room? It could not be known.
Marquis of Lansdown.—State whether you made use of the secret door which you have been describing whenever you wished to pass and repass from your room in the course of the day, or was it only on some particular occasion? When I was obliged to serve something in stated hours, I always looked through the key-hole, in order that I might be ready to serve.
Did you make use of that door to enter the dining-room on ordinary occasions, when you had occasion to do so in the course of the day, or did you consider yourself as under the necessity of going round by the other door? Sometimes I made use of it, according where the travellers were; sometimes yes, sometimes no.
Do you remember whether you made use of that door in the course of the day, during the six days that her royal highness the prin- 968 cess of Wales was at your inn? I had no need to do so; I never did it.
Earl Grosvenor.—Was the rest of the room under the same sort of canvas as the door? No; only my door that led into the dining-room.
§ Earl of Darlington.—What do you suppose to have been the thickness of the door? Not so much as an inch; not the thickness of my thumb.
Did the door open inwards or outwards? It was open sometimes from my room, and sometimes from the dining-room; it opened into the dining-room.
§ The following question and answer were read over to the witness:
§ "Are yon still agent, or by whatever name you go, of the Grand Hotel at Trieste? I am after taking the inn which is called the Black Eagle; but if I do not gain the law suit, I shall continue to be in the Grand Hotel."
Lord Chancellor.—When you stated that, what did you mean? Because I have given a memorial to get this inn, by means of some protection; and I do not know whether I shall succeed, or whether some other innkeeper will have it.
What is it yon allude to under the word "protection?" It is merely between the father and the son, by the means of an acquaintance they had with the innkeeper; they wished to take the inn from me, that I should not succeed to have the inn; and I have paid on account 100 tallers, which is a German money, two florins each.
§ The following questions and answers were read over to the witness:
§ "You have received no money? Yes; I did not wish to have any, but he has given mc some.
§ "You did not wish for any money? I did not; he told me, take this, and gave me eight golden Napoleons and eleven francs.
§ "You are understood to have said that you did not wish for any money? I did not wish for any money."
Earl of Roseberry.—You have declared, that in coming here to give evidence upon this cause you suffer loss; why do you say you did not wish for any money? Because I had money with me; because I had by me nearly 100 sequins, which I can show.
Lord Ellenborough,—When you passed from your own room into the dining-room, by the door you call secret, did you push that door from you, or draw it towards you? When I open it I open it towards the dining-room; when I shut it, I draw it towards my room.
How were the walls of the dining-room covered? Painted all over.
§ Was the secret door painted? Painted.
§ Was the colour the same? Yes.
§ Was it painted at the same time? Yes
Earl of Limerick.—Did the secret door reach 969 from the top to the bottom of the room, or was it of the ordinary size of doors? It was as high as that; a little higher than my head.
You have said that the canvas that covered the secret door was nailed down; were those nails so nailing down that canvas fixed at the top and at the bottom of the room? Round the door there was wood, and on this wood was a frame on which the canvas was nailed.
You mentioned that previous to her royal highness's arrival, apartments were ordered for her by some person whom you named by description; was it a usual thing for that person to give orders to have apartments prepared for others? No.
In point of fact, was any such order given shortly before or after, for any other person? If they sent letters of recommendation, then they sent to engage the apartments; if not, not.
§ [The witness was directed to withdraw.]
§ George William Goltermann, was sworn as Interpreter.
§ Then Meidge Barbara Kress was called in' and having been sworn, was examined as follows, through the interpretation of Mr. Goltermann, by Mr. Attorney General.
§ Are you the wife of Peter Kress? I am. Where do you live? At Carlsruhe. Are you a Protestant, a Lutheran? I am a Lutheran.
§ How long have you been married? Three years.
§ Before your marriage,, did you live at the post inn, at Carlsruhe? Yes, I did.
§ How long did you live there? One year and three quarters.
§ Did you leave that inn in consequence of your marriage? Yes, that was the reason.
§ Do you remember the princess of Wales coming to that inn? Yes, I do.
§ Do you remember a person coming with her royal highness called Pergami? Yes, I do.
§ About how long ago was it that the princess came to the inn at Carlsruhe? It might perhaps be about three years.
§ Do you remember in what room in the house the princess of Wales slept? Yes, I do.
§ What was the room assigned to the princess of Wales; do you recollect the number? Yes, it was No. 10.
§ What room adjoined No. 10? It was No. 11.
§ How was No. 11 used; was it a sleeping-room or an eating-room? It was a dining-room.
§ What room adjoined No. 11 the dining-room? No 12.
§ What was No. 12; was it a bed-room or an eating-room? A bed-room.
§ Who had that bed-room? Pergami.
§ Was there a door opening from No. 10 to No. 11? There was
970§ Was there also a door from No. 11 into No. 12? Yes, a double one; there were two doors which both could be shut.
§ What sort of a bed was placed in No. 12? A broad bed.
§ Was that bed in No. 12 before the princess of Wales arrived, or was it placed there after her arrival, and in consequence of that arrival? There was another there before, but I had been ordered to put a broad bed; I had been obliged to put this broad bed in before the princess of Wales arrived.
§ Had the courier of the princess of Wales arrived before that bed was placed? The courier had arrived, and then I placed this broad bed to which I allude.
§ Was it your duty to attend to the bedrooms; were you the chambermaid of the inn? Yes, I was the maid of the rooms, chambermaid.
§ Do you recollect how long the princess remained at this inn? I cannot say exactly as to the time, but according to my recollection it was about a week, say eight days.
§ Do you remember on any evening during the princess's stay at that inn, having occasion to go to No. 12, to carry some water there? Yes, I do.
§ About what time of the evening was it, according to your recollection? I cannot remember; but to the best of my memory it was between seven and eight o'clock; the minutes I cannot tell exactly.
§ Do you recollect where the princess and Pergami had dined on that day? No, I cannot remember that.
§ Upon your carrying the water into No. 12, did you see any persons in that room? Yes, I did.
§ Who were they? Pergami and the princess. Where was Pergami when you went into the room? Pergami was in bed.
§ Where was the princess? She had sat on the bed.
§ Do you mean she was sitting on the bed? Yes, on the bed.
§ Could you see whether Pergami had his clothes on or off? I could not see that; but I had seen as much in the moment I entered as that the arm was white Where did you see Pergami's arm? When I entered I had seen that Pergami had his arm round the neck of the princess, and when I entered the princess let the arm fall. Was that arm of Pergami, which you saw round the princess white, as you have described it? Yes, as much as I had seen.
§ Can you describe, whether that white was his shirt, or any other dress that he had on? No, I cannot tell that; in the moment I had not observed that.
§ What did the princess do, on your coming into the room? The princess had jumped up, and was alarmed at the moment.
§ Did she jump up on your coming into the room and discovering them in that situation? Yes, she had then jumped up.
971§ The Attorney-general asked the interpreter, whether the words meant that she had jumped up before the witness came into the room, or that she then jumped up.
§ Interpreter.—The literal translation of the words is, she got up, or she rose.
§ The interpreter was desired to repeat the German words used by the witness.
§ The interpreter stated them to be, "Sie ist in die hÖhe."
§ By a Lord to the Interpreter.—How do you translate that? She is up.
§ What is the English of that taken all together? Hohe is Height, which will make, she is in the height, which otherwise means, in the language of this person, that she got up, or jumped up.
§ That she had got up? Yes, that she had jumped up, or got up.
Mr. Attorney General.—When you came into the room, was the princess sitting upon the bed? Yes.
Upon your coming into the room, and the princess being thus seated upon the bed, did the princess jump up.
Mr. Brougham objected to this, as a leading question.
Mr. Attorney General.—What did the princess do upon your coming into the room? The princess was frightened.
Interpreter.—The witness's German words which mean in the French "Elle est debout."
By a Lord to the Interpreter.—What is the English of that? Interpreter.—It is difficult to interpret it literally: "She had jumped up," or, "Had risen up."
Is not "steigen" the word to rise? Interpreter.—No, not exactly; that is more used in the north of Germany, whereas this is in the south of Germany.
Do you understand the witness to speak in the preter pluperfect tense? Interpreter.—I understand her to say, that when she came into the room the princess had got up or jumped up.
Mr. Attorney General.—Did the princess get up, or jump up in your presence? Yes, when I had entered the princess had got up, and I had retired.
An objection being taken by the bishop of Peterborough, that the interpreter had not given the right translation of the words, Mr. Brougham submitted that the examination of this witness might not be proceeded with, until there was an interpreter on behalf of her majesty in attendance.
The counsel were informed, that their lordships would postpone the further examination of this witness till to-morrow morning ten o'clock.
The Attorney Generalstated, that if the examination was now to be broken off, he trusted that their lordships would not suffer any other witness to be called until that examination was resumed.
The counsel were directed to withdraw. Ordered, that the further consideration and 972 second reading of the bill be adjourned to tomorrow morning ten o'clock.