Imatges de pàgina
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Was it his duty to take orders from you?-Yes.

Do you know where Bergami slept on board your vessel?-On the return from Jaffa, I do not know where he slept.

Where did he sleep on the other voyage?-On going out, in the dining-room. Allow me to ask you if there was any gun on deck?—Yes.

Did you ever see the Princess sitting on that gun with any person ?—No. Did you ever see her sitting in the lap of any person on board that vessel?-No. Did you ever see her with her arms round the neck of any person?-No.

Or kissing any person except perhaps the child Victorine?-No.

During the whole time you had the management of this vessel, and the Princess was on board, did you see the slightest impropriety or indecency in her behaviour towards Bergami, or towards any other person?-No.

Do you remember Bergami's going to land at Terracina?-Very well.

Did you see him take leave of the Princess?--I did.

Describe what was done on that occasion?-He kissed the Princess's hand on leaving the ship, which was done by all persons on taking leave.

How long have you been in the navy? -Sixteen years.

You wear some orders; what are they? -The orders of Merit and Fidelity of the King of Naples.

When did you obtain them?-On the occasion of taking several privateers when serving in the Neapolitan navy.

Did you receive the King of England's permission to wear those orders?-One I have.

Cross-examined.-The voyage from Jaffa to Syracuse occupied nearly a month. He had not the original memoranda, but only a copy made in a voyage from Messina to Syracuse. On being strictly crossexamined, he admitted, that it might be more than a month, and afterwards that it might be near two months. He was then ordered to withdraw; and Lord Erskine urged, that he ought either to be allowed to refresh his memory from his memoranda, or the House should take his evidence with all its imperfections. The Chancellor agreed, that he should be al

lowed to consult his memoranda. The witness was recalled, and questioned as to these memoranda, which he stated, with some confusion, to be only partial, but faithful as far as they went. The Solici tor-General then renewed his cross-examination. The witness after stating, that on the voyage from Tunis to Jaffa, Bergami slept on a bed in the dining-room, was asked:]

Do you mean to swear that from that bed the bed of the Princess, when the door was open, might not be seen?-I should think not.

Now, then, it is only you should think not. Did you never stand in such a position as to see ?-No.

Now, under the tent on the deck, there was a bed; was there also a sofa?-There was a sofa and a bed.

Whose bed?-I believe Mr Austin's. Who slept in it ?-I do not know. Do you mean to swear that you do not know that the Princess slept in that bed? -The Princess slept on the sofa, not on the bed.

Near that bed?-Not very near.

How far off?-As far as I am from that seat.

Three or four yards? We will say three yards.

Will you swear that there was an interval of three yards, or any thing like three yards, between the bed and the sofa ?-Between the extremity of both there was a great deal more.

But was there more than a yard between the nearest point of both ?-Yes, most assuredly, more than two yards.

Where did the Princess sleep? on the sofa ?—Yes.

How did you know that?-Because I had occasion to see when I went in one night.

Is that the only reason you have for knowing it?-Having seen her there, I conceived she always slept there.

Who slept on the bed?-I do not know.

For what purpose was it put there?I have seen it used for the purpose of sitting upon it during the day.

Do you mean to swear that it was put there for people to sit on during the day? I saw it used for that purpose. Do you mean that it was placed there

for that purpose?—I do not know any other purpose.

Did you never see Bergami in that bed? I never saw him in the bed; I have seen him upon it in the day-time.

But you have never seen him lie upon it in the day-time?-No.

Do you mean to swear that you have never seen him lie upon it in the daytime?—I do.

Had you never any curiosity to inquire where Bergami slept during the whole voyage from Jaffa to Syracuse ?-No, I had other duties to attend to, such as navigating the ship, to carry her Majesty to different places where she went.

Have you any doubt that Bergami slept in that bed in the tent during that voyage and the whole of it ?—I cannot say where he slept; I never went to inquire where he was, or what he did; I can only repeat that I never saw him in bed there.

I repeat the question. Have you any doubt that he slept in that bed every night on the voyage from Jaffa to Syracuse?— I cannot state it.

Have you any doubt upon the subject? I repeat the question.-I certainly must doubt whether he slept there. I do not know whether he slept there or not, but I never saw him there, and I do not know where he slept.

Do you mean to swear that you enter tain doubts about his sleeping there? When I never saw him there, I have reason to doubt that he did not sleep there.

Do you mean by that to say that you believe he did not sleep there?—I believe he did not sleep there.

Where did he sleep?-I do not know. Did you ever see him sleep in the cabin on the voyage from Jaffa to Syracuse?-I never went into the cabin to see whether he was there or not.

Did you ever see him during any part of that voyage sleeping in the cabin?I did not. I never went into the cabin to see whether he slept there or not.

Did you ever see him one single night sleeping in the cabin ?—I do not recollect.

Then you do not mean now to repeat that you believe he did not sleep in the tent?-I mean to repeat that I do not know where he did sleep.

Do you mean to have it believed that you do not believe that he slept in the tent ?-I believe he did not sleep in the

tent.

What is your reason for believing that he did not sleep in the tent ?-Because, when I went to see her Majesty, I did not see any one there.

Was it light or dark?-It was dark. (Laughter.)

Of what country are you a native?— I was born in England, but I am partly an Irishman.

Going in then only when it was dark, and not seeing him there in the dark, do you mean to say he was not there?-The light from the binnacle was sufficient to give me an opportunity of seeing whether he was there or not; the light of the binnacle shone in at the place where I opened the tent.

Then you mean to swear that at that time Bergami was not in the bed?— Yes.

Attend to the oath you have taken, and answer me, whether upon the night when the Princess called you, and when there was a light from the binnacle, you will swear that Bergami was not upon the bed?—I do swear it.

Was that the only occasion when you saw that bed when Bergami was not there?—I have gone there frequently when called for, and have seen the bed in the same position, and he never was there.

You have told us you had the command of the polacre; who nagivated her?—I

did.

Who gave orders to the sailors ?-Generally the captain, but the orders came from me.

Did you do any thing more than direct the ship to be steered to a certain place to which she was to go?-I did not particularly direct her to be steered to any place; I only gave orders to the captain to execute the duty of the ship.

Did he not execute those duties as captains generally do, by directing his crew? I conceive he did.

Then in navigating the vessel had he not the whole management?—He had not, because it was given to me by her Royal Highness.

You mean to say that you gave orders for navigating the vessel?-Navigating and manoeuvring a ship are different things.

What do you mean by saying that you navigated the ship?-By navigating, I mean directing the course to be steered, and giving orders to the crew occasion ally.

Then you did occasionally give orders for navigating the ship?-Navigating includes manoeuvring the sails as well as directing the course which should be steered.

Did you direct the manoeuvring the ship?-Sometimes I did, sometimes not. Was it not in general done by Gargiulo?-Sometimes he was not on deck, and I had occasion to do it myself.

Was it only when he was not on deck that you had occasion to do it, then ?-Sometimes I have done it also when he has been on deck.

Was it not generally done by the captain?-As to the working of the ship, I think he generally did it more than myself.

Do you usually write in Italian or in English ?-In Italian sometimes.

Do you usually write in Italian or in English-In both.

You must perceive that this is no answer to my question. Do you usually write in Italian or English ?-In English, generally, sir.

Was the account you kept of the proceedings of the ship in Italian or in English? In Italian.

Was it written by yourself?-The account was written by the clerk.

I mean that account to which you referred yesterday?-By the clerk.

Was he an Italian or an Englishman? -I don't know which he was.

Was he your servant?-No. How long were you on board the vessel?-Several months.

In the polacre, do you mean?—Yes. Was the account of the ship kept in English or Italian ?-In Italian in the log-book.

Was it from the log-book you took those copies?-Yes.

By whom was that log-book kept?By myself. It was a private memorandum made by myself.

Do you mean that the log-book was a private memorandum made by yourself?

It was not exactly the log-book of the ship, but a private memorandum. I considered it a log for my own private purpose.

Then by whom was it kept? by yourself or the clerk?-It was kept by myself and by my direction, but some of the entries were made by the clerk.

I ask you whether he was an Italian or an Englishman ?—An Italian.

Did you not tell me just now that you did not know what he was ?-I believe he was either an Italian or a Sicilian.

Did you not, in answer to a question just now, tell me that you did not know what countryman he was?—

Mr DENMAN. That question was not put. (Order, order.)

The SOLICITOR-GENERAL.-It was. Mr DENMAN. If I am called to order by the house, I must address myself to your Lordships.

Mr GURNEY then read the former question and answer, and the last question was repeated.

Witness.-I do not know what he was, but I believe he was an Italian or a Sicilian.

You say he wrote only in part; was the part which you wrote in Italian or in Engfish?-The part I wrote was in English.

Did you tell me that the log was written in Italian ?-Yes.

Now you say that part was written in Italian, and part in English ?—Part in both, to the best of my recollection.

[The witness here became overpowered by indisposition, and fainted. . He was then removed from the bar.

The witness, being recovered by the fresh air when removed out of the house, was brought back. Some peers expressed a wish that he should be accommodated with a chair, but Mr Denman said he did not require it, being then perfectly recovered.]

Witness, you told us in a former part of your examination that Pasconani was your servant, and you told us in another part that he was not your servant; be so good as to tell me to which of these stories you adhere ?—I mean to adhere to both. say he acted as both.

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Do you mean, sir, to say that he was your servant, and that he was not your

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You, then, as you say, having kept one part of the log, and this Pasconani tnc other, may I ask which of you kept the greater part? I think I did myself; but it is impossible for me now to say, not having my eyes on the book, it not being here before me at the present moment. I may be mistaken, so I cannot say.

But the most of it, you are sure, was kept in English?―There was some English and some Italian.'

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Then if you said a short time ago, and at first, that the whole of the book was Italian, you said an untruth.

Mr DENMAN said he could not suffer his learned friend to cast this aspersion on the witness; it was unjust.

The SOLICITOR-GENERAL replied, that as the question was objected to, he should not press it in that form; he would, therefore, withdraw the former question, and put this instead of it:

Did you not say a part of the book was written in English ?-I told you so, perhaps; but what I said at the moment was when I was so circumstanced by indisposition that I knew not exactly what I said. Then do you mean now to say that part of the book was written in the Italian language, and part in the English? is that what you mean to say?—Yes, it is.

Which is the greater part then, in the English or the Italian?-I cannot say with very much accuracy.

Was there, however, a considerable part of it in English?-I really cannot say; I think there was.

How much?-I think as much in one as in the other.

Do you mean to say that the greater part was written in English ?-About the same in one, I think, as in the other.

[The Solicitor-General beginning to read the paper, and put questions upon it, Mr Denman objected to this proceeding. The Chancellor said that, while the witness referred to the paper, it was quite competent for the lawyer to look over it,

VOL. XIII. PART II.

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Look at the paper, I beg of you, and see if you can discover a single entry in it, during the whole of that voyage, in the English language?-No, there is not.

Does that paper come down to the return to Messina ?-Yes, it does.

And every entry, from beginning to end, is Italian?-Yes, in this paper.

Now I ask you to look at this paper, and see if you can swear whether any part of it is in your own hand-writing ?-No, I cannot say it is.

WILLIAM CARRINGTON, re-examined.

[The witness being reminded of his statement of not having been in the service of his Majesty previous to serving in the Poictiers, replied, that he understood the question to relate to his being at sea with Sir John Beresford. He had served also in the Namur and the Majestic.]

Was

Lieut. JOSEPH ROBERT HOWNAM, [Joined the Princess at Genoa. roused one night by an alarm, first given to him by Bergami, who came into his room. On reaching the hall, he found the Princess and many of the servants assembled. Never saw Bergami breakfast or dine with the Princess at Genoa. He first began to dine occasionally in a journey over St Gothard; and some time after began to dine regularly. The witness accompanied the Princess in the long voyage.]

Do you recollect where Bergami slept at Tunis?-I recollect his pointing me out his room..

Did you see him in the room using it as his own at the time? Yes. Was that room in which you so saw him near the room of the Princess?—No.

Describe, if you please, the different situation of the two rooms?-Bergami's room was the only room up a flight of stairs that any person of the house occupied, I believe.

Whereabouts was the Princess's room? -There were several rooms between the flight of stairs and the Princess's apart

F

ment; that is to say, they were 3 or 4 rooms apart.

Was Bergami's room on the same story or floor as the Princess's?-It was not.

Did you afterwards, in the course of the voyage, land at St Jean d'Acre ?-We did. In what way did the Princess travel from St Jean d'Acre to Jerusalem?-Upon

an ass.

Is that the usual mode of travelling in that part of the world?-On asses or mules, or in a palanquin.

How did you travel yourself?-On a horse.

Was the course of your travelling to proceed by night, and to lie by day?—It

was.

In what manner did the Princess rest during the day?-Under the tent.

Did you observe whether the Princess, before she lay by for the day, appeared fatigued or not?-Excessively so.

Did that appear the case during the whole of the journey from St Jean d'Acre to Jerusalem?—Yes.

Did you make any particular observation as to the nature of this fatigue?—I have seen the Princess fall from the ass more than once.

Towards the latter part of the night? -Towards the morning.

Do you recollect whether on your voyage to St Jean d'Acre there was a tent on deck?-Yes, there was.

On the outward voyage was this tent constantly erected on deck, or only occasionally?-Occasionally, to protect the Princess from the sun or wind. In fact, it was the awning of the ship. You reimbarked at Jaffa on your return?-We did.

Was the weather at that time hot or otherwise?—Excessively hot: it was the month of July.

Had you any cattle on board the vessel? We had.

What did it consist of?-Horses and

asses.

Had you more on board on your return than you had on your voyage out?-We had none going out.

In what part of the vessel were these animals kept?-In the hold.

Did they make any noise in the course of the night or the day?-The general noise of horses and such animals.

Was there any smell occasioned by the animals being put into the hold ?-Yes, certainly.

Where did her Majesty sleep on the voyage from Jaffa homeward ?-In the tent on deck.

By whose direction was the tent put up?-By direction of the Princess.

What did the Princess say to you?— As to the tent I do not care about it; I would as soon sleep without it.

What was the occasion of the Princess's sleeping on the deck during the return voyage? In consequence of the excessive heat and the animals on board.

Do you remember any circumstance relating to the light being kept in the tent? I do.

What was it?-The Princess in the previous part of her journey used to sit on deck till a late hour with this light. On leaving Jaffa reports were in circulation of Tunisian vessels in the Archipelago. I stated that it should not be kept on deck all night, as it served as a mark to vessels cruizing in those seas.

Had you, in point of fact, seen any Tunisian vessels yourself?-Yes, we had seen one at Scios, and another at St Jean d'Acre.

Do you know of your own knowledge whether they had plundered any vessel? -I only knew it from report.

Did you, in the situation you held, think it a matter of duty to give that advice to the Princess ?-I did.

And, in consequence of the advice, was the light put out earlier?—Yes.

What was the hour at which it was generally put out ?-It might be from 9 to 10 o'clock, or later.

How many sofas were there on board the polacre?—Four.

Do you know in what part of the ship they were placed?-Two were lashed together in the Princess's cabin, and two in the Countess of Oldi's cabin.

Was there afterwards any alteration made in their situation?—The Countess sent one out of her cabin.

Where was it sent to?-It was occasionally on deck during the first part of the voyage, and always after we reached Jaffa.

Do you mean that it was beneath the tent?

Yes.

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