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APPENDIX.

No. I.-EVIDENCE ON THE BILL OF PAINS AND PENALTIES AGAINST THE QUEEN.

I,—EVIDENCE FOR THE PROSECUTION.

[In order to exhibit as complete a view as our limits admit of this celebrated proceeding, we shall give the questions and answers at full length on all important occasions, connecting these by an abstract of the subordinate parts of the evidence.]

HOUSE OF LORDS, Aug. 21,—Sept. 7, 1820.

THEODORE MAJOCCI,

Is a native of Spoleto in Italy, about twelve miles from Lodi. He knew Bartolomeo Bergami first in the service of General Pino, to whom he was valet-de-chambre. He was then rather poor than rich, with three livres of Milan a-day. He afterwards met him at Naples, when he was courier to the Princess, dining at the table of the upper servants. About a fortnight after, Majocci was engaged in the Princess's service.]

Do you know what was the situation of the sleeping rooms of the Princess and of Bergami at that time?—Yes; I recollect it well.

Describe it. The rooms of the Princess and of Bergami led to each other by a corridor, in which there was a small cabinet; Bergami's bed-room was situated to the left.

Are we to understand that there was no space between the two rooms, except

what was taken up by the corridor and the cabinet that you mention ?-There was nothing else; and it was necessary to pass through the corridor to go from one room to another.

What was there on the other side of Bergami's bed-room ?-A saloon. Who usually slept in the cabinet?Nobody; it was free.

Did the rest of the family sleep in that part of the house, or at a distance?— Their rooms were separated.

[Bergami met with an accident, in consequence of which the witness was made to sleep on a sofa in the cabinet.]

Did any one pass through the cabinet while the witness slept there?-Yes. Who was that person?-Her Royal Highness.

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Did she pass through towards the con ridor, and in the direction of Bergami's apartment?-She did.

How often did she so pass ?-Twice.

At what time did she pass on the first occasion?—At half an hour past midnight.

How long did she remain in Bergami's room on that occasion?-About ten or fifteen minutes.

In what appearance did she pass the witness?-She passed slowly and softly; and after looking at witness, who appeared to be asleep, she passed on.

After the Princess had gone into Bergami's room, did witness hear what passed there, whether there was any conversation, or what else?-He heard some whispering.

Witness said, that the Princess went a second time into Bergami's room-How long might she remain there on that occasion?-About fifteen or eighteen minutes; it might be some minutes more or less.

Did he recollect any thing particular passing the second time the Princess was in Bergami's room?-Yes; some whispering and conversation.

[The Princess, after remaining at Naples from thirty to fifty days, left it for Rome. During her stay at Naples, she was left by several English gentlemen, one of whom, he believes, was called Gell. He has some recollection of such a name as Keppel Craven, but does not remember the rest. She was left also by some ladies, but he does not recollect their names; also by Sicard, the maitre d'hotel, and by Captain Hesse, who was called an equerry. She then embarked at Civita Vecchia on board the Clorinde, and went to Leghorn and Genoa.

Did any English person join the Princess at Genoa?-Yes; Captain Owen.

Did any one else?—Yes; Lady Charlotte Campbell, who was a tall fat woman, joined her Royal Highness, with her two daughters.

Where did the Princess reside while at Genoa?-In a palace at the end of the city, on the Milan road.

Did he recollect the situation of the rooms in which the Princess and Bergami slept in that palace ?-There was a room between their apartments, in which room trunks and packages were kept; it was a baggage or luggage room.

Did any one sleep there?-No one.
Were there doors opening from this

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luggage room into the apartments of the Princess and Bergami?—Yes; there were.

Might any one pass through this room from the apartment of the Princess to that of Bergami?—Yes; any one might pass.

[He knocked one night at Bergami's chamber door so loud, that he thinks he must have heard had he been there. The Princess went from Genoa to Milan, where she was joined by Faustina, a female relation of Bergami; and a child Victorine, about nine years old, was brought into the house. Lewis Bergami also came. At Milan, the rooms of Bergami were only separated by a wall; and the doors, seven or eight feet distant from each other, opened into the same landing place. Five or six days before quitting Milan, Lady Charlotte Campbell left the Princess, after which there remained with her no English lady.]

Did you ever see Bergami dine at table with the Princess?—Yes; several

times.

Where did you first observe this?—At Genoa.

Did he continue to dine with the Princess after the first time you saw him at dinner with her?-Always, as far as I can recollect.

Did you assist in making the beds of the Princess and Bergami at Villa Villani?-I did.

Did you observe that any of the beds had the appearance of being slept in by two persons?-They had not that appearance always.

Could you tell from your observations of the beds, whether or not Bergami had always slept in his or elsewhere?-It appeared as if he had not always slept in it.

Did that happen often at the Villa Villani ?—Yes.

Do you remember the Princess, at the Villa Villani, wearing a blue silk bedgown, lined with red?—I remember it.

After you saw the Princess wear the blue silk gown, did you see Bergami wear it?—Yes.

After?-He always had it on.

In the presence of the Princess?— Yes.

[The Princess afterwards embarked at Genoa in the Leviathan, and sailed to Palermo, and thence to Messina. At Mes

sina, the rooms of Bergami and the Princess were only separated by one in which the Countess Oldi slept. The Princess and Bergami breakfasted alone in a cabinet leading into a garden. From Messina she went to Syracuse, where there was a private stair-case between the rooms of the Princess and Bergami. There was another entrance into the Princess's bedroom for persons waiting upon her. They went then to Catania, where Bergami was taken ill. The Princess came into the room when he was half dressed, and gave particular directions to Majocci about warming the bed. They went then to Augusta, where the rooms were separated by a court into which no one else could get. At Catania, Bergami was called his Excellency; he was created a knight of Malta, and named Baron Francina. They then sailed in a polacre to Tunis, where the Princess lodged first in the English consul's house, and then in the palace of the Bey. The apartments were here at a little distance from each other. From Tunis, they proceeded to Scala Nova, and the Princess slept in a tent made of boughs at a Turkish caffe, near the grotto of the Seven Sleepers. She and Bergami dined alone in this tent, where Majocci waited on them. From Scala Nova, they sailed to St Jean d'Acre, and thence travelled to Aun and Jerusalem. On this journey they slept in tents.]

Do you remember the tent in which the Princess slept?—I do.

Was that among the other tents, or at a distance from them?-At the distance of three or four paces; it might be five or six paces.

Was there a bed in the tent of the Princess? Yes.

Was that the ordinary or travelling bed of the Princess?-There was a little bed and a Turkish sofa.

Did the tent of the Princess consist of one circle or of two?--It had double walls; there were two tents; one within another.

What distance was there between the inner and outer circle ?-The length of my two arms.

Did you see the Princess in the interior tent, where the bed and sofa were, and any body with her?-Bergami and sometimes the little child.

Were Bergami and the Princess there

during the time that was allotted for sleep-Yes, during the time of rest.

Were both the inner and outer tent closed?-The inner tent was shut up by them, and the outer might be closed or left open as they chose.

After the return from Jerusalem, where did the Princess again embark ?--At Jaffa, Do you remember, on her embarking at Jaffa in the voyage homeward, any tent being raised on the deck?—I do.

What beds were placed on it?-A sofa. Any beds besides the sofa?-A traveling bed.

Did the Princess sleep in that tent generally on the voyage from Jaffa home? She always slept in it during the whole journey.

Did any body else sleep in the same tent ?-Bergami.

On the deck?-On the deck.

Did that take place every night?— Every evening.

Were the sides of the tent so drawn down at night, that no person could see into it?-When the Princess retired at night with Bergami, the tent was closely shut.

Did they use a lantern or lamp at night to go to bed?-They did.

What was usually done with it?Sometimes, after I had made the beds, Bergami told me to remove the light; at other times the light was handed to me by Bergami, from between the bottom of the tent and the deck.

Were the beds regularly made up every night?-Every night.

Does the witness remember her Royal Highness having taken a bath, during her voyage from Jaffa, on board the polacca? I do.

Where was the bath prepared for her Royal Highness?-In the cabin occupied by the Princess on her outward voyage.

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Who assisted her Royal Highness?I carried the water to the cabin; Bergami came down, and tried whether it was of sufficient temperature, and after doing so, he went on deck and handed her Royal Highness down to the cabin. They shut the door of the cabin, and he (Bergami) and her Royal Highness remained in the room alone together.

Did her Royal Highness take more than one bath-I remember her Royal

Highness taking more than one, to the best of my recollection.

Do you remember at any time, when Bergami and the Princess were below in the cabin with the bath, being called upon to supply additional water?—I do; two pails, the one of hot, and the other of cold water.

Who took the water in ?—I went with the water to the door of the cabin, and Bergami came half way out of the door, and taking the water, went in.

Do you know whether, when you took the water, the Princess was actually in the bath or not ?-I cannot know that.

Where was the cabin which the witness slept in situated, with reference to the tent on deck? under it, or how?-I slept in the dining room on the sofa immediately under the tent.

[Here the witness in answer to a question described a noise which he had heard, tending to convey an unfavourable impression.

Without asking a particular description as to the arrangements of the rooms of the Princess and Bergami, I wish to know in general, whether, to the best of witness's recollection, they were, on this journey, contiguous, and had a direct communication with each other, or whether they were distant? They were more near than apart.

Here some doubt was expressed respecting the answer of the witness. The interpreter observed, that he had said "Megilo vicino che lontano." The words might have a double meaning. They might mean very near, or comparatively near. Their Lordships might take it as they liked.-(A laugh.)

Mr BROUGHAM thought that this instruction should be given to the interpreter, that when words had a double meaning, he should translate them literally, and leave it to the House to judge of their import.

The question was repeated several times, and the result as given by the interpreter, was-" rather more near than distant-more near than apart."

Had the apartments of the Princess and Bergami in general a communication with each other?-Yes.

Were they in general separate from the

rooms of the rest of the suite?—They

were.

Who in general selected the apartments for the Princess and Bergami?-They both made the distribution of the chambers-both her Royal Highness and Bergami.

Did Bergami during this journey travel in the same carriage with the Princess?—Yes.

Did he also in the journey to Pavaria? -Yes.

When you say that they travelled in this way to Bavaria, do you mean in the journey through Germany?—I mean so.

[Among a number of other desultory circumstances, the witness mentioned Bergami having once been sent for by the Princess, when he was out riding, but on his return home, instead of obeying the order, he went and locked himself in his own room, where he remained for about an hour. He represented also by action an exhibition made at the Villa d'Este, by a person of the name of Mahomet, and which appeared indecorous.

Mr BROUGHAM now began the crossexamination, of which the following are the principal heads:]

You have told us you left General Pino's service, was it not on account of killing a horse?-No.

You never killed a horse then at all?Never.

You never told any one you had?— Never.

You gave us an account yesterday of your knocking one night at Bergami's door, at Genoa, so loud that he must have heard you; and that you did not receive any answer?-I did.

What sort of people were they who were coming to the house that night, that it made you go and knock up the Baronthe Baron Bergami?-It was when that attempt was made to rob the house.

Do you mean to say that robbers had broken in, or threatened to break into the house?-Robbers had come into the house.

Was not the alarm given, that it was a part of your friend Ompteda's gang?

The SOLICITOR-GENERAL submitted that this was an irregular question, and liable to the same objection which he had

already made to a former one. It was assuming that there was a person of the name of Ompteda, and that he was a friend of the witness's: it was assuming, too, that this was a gang of robbers.

Mr BROUGHAM.-So they were, by the answer to the last question which I put. The SOLICITOR-GENERAL. Of which gang you also assume, that the friend of Majocci, the witness, was a part.

Mr BROUGHAM.-A part of the gang! He was their head; their ringleader.

The LORD-CHANCELLOR, addressing the learned counsel, observed, that he had said he would go by steps; but here he was assuming the whole of the facts, which it was not competent for him to do.

Mr BROUGHAM had not so understood the matter; but would wave the question.

Counsel resumed.-Did not you wake from your sleep on that occasion, and go to the window?-I opened the window, and saw a tall person below me. I went out; I took a gun and fired on this persou. I had seen this person; these persons-for there were more than one-and they fled.

After the robbers had attacked or threatened the house, and you fired on them in the way you have described, was not the whole house alarmed by what had taken place?—I immediately ran to knock at the door; and then, in going down stairs, I found that all the people were collected, and coming down stairs.

Did you see one of them with a drawn sword in his hand, upon that occasion? -Non mi ricordo.-(I don't recollect.)

Was Capt. Hounam there on that occasion ?-Non mi ricordo.

Was Hieronymus there?-There was all the family; but I cannot say, individually, whether he was there.

Did you see Bergami there?-Yes, Bergami was there; I saw him.

How long after the first alarm was it that you went to knock at Bergami's door? -Three minutes.

Three minutes after you had fired the piece?-Yes.

After knocking at Bergami's door, and not finding him there, did you open the door, to see whether he was in the room or not?-No; I did not open the door;

but Bergami came out, about a quarter of an hour after; he made a great noise when he came out.

And where were you at the time Bergami did, what you choose to call, come out?-I knocked at the door, and, receiving no answer, went down stairs; and then all the family were coming out; and then I saw Bergaini coming out in about a quarter of an hour after.

Mr BROUGHAM here observed - He first fires upon the robbers; three minutes previously he has knocked violently at the door of Bergami's room; then he goes to see what is the matter. But it seems that in a quarter of an hour after this it is, that the house is alarmed, and he fires at them. Will you ask him, how soon it was after he fired the piece that he saw Bergami and the rest of the household come out?-I fired: I ran into the room, and knocked at the door of Bergami's room, but received no answer: I went back again to the place where I had fired the family were collected on the stairs, and there was a cry of "Robbers! robbers! we have robbers in the house." I remained there until the family had retired, and it was peaceable.

How long were you knocking at Bergami's door?-I remained a long time, and I knocked very loud; louder and louder.

Did the Piccaroon, Victorine, always sleep in the same room with the Princess?-Generally.

After the time at which the Piccaroon child came to live in the house with her Royal Highness, did she generally sleep in the same room with the Queen ?-I do not know.

Do you know of her ever sleeping in any other part of the house?-I cannot

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