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detected in a situation such as to shock and alarm her servant, and so detected as to be sensible of her detection, and so conscious of the impropriety of the situation, as to exhibit symptoms of confusion; would not her confusion have been extreme? would it have been so little as to have slipped the memory of the witness who observed it, during his first four declarations, and at last to be recalled to his recollection in such a manner, as to be represented in the faint and feeble way, in which he here describes it?

"What weight Your Majesty will ascribe to these differences in the accounts given by this witness, I cannot pretend to say. But I am ready to confess, that, probably, if there was nothing stronger of the same kind to be observed in other parts of his testimony, the inference which would be drawn from them, would depend very much upon the opinion previously entertained of the witness. To me, who know many parts of his testimony to be false, and all the colouring given to it, to be wholly from his own wicked and malicious invention, it appears plain, that these differences in his representations, are the unsteady, awkward shuffles and prevarications of falsehood.-To those, if there be any such, who from pre-conceived prejudices in his favor, or from any other circumstances, think that his veracity is free from all suspicion, satisfactory means of reconciling them may possibly occur. But before I have left Mr. Cole's examinations, Your Majesty will find that they will

have much more to account for, and much more to reconcile.

"Mr. Cole's examination before the Commissioners goes on thus: "A short time before this, one night about twelve o'clock, I saw a man go into the house from the Park, wrapped up in a great coat. I did not give any alarm, for the impression on my mind was, that it was not a thief." When I read this passage, Sire, I could hardly believe my eyes; when I found such a fact left in this dark state, without any further explanation, or without a trace in the examination, of any attempt to get it further explained. How he got this impression on his mind, that this was not a thief? Whom he believed it to be? What part of the house he saw him enter? If the drawing-room, or any part which I usually occupy. Who was there at the time? Whether I was there? Whether alone, or with my ladies? Or with other company? Whether he told any body of the circumstance at the time? Or how long after? Whom he told? Whether any inquiries were made in consequence? These, and a thousand other questions, with a view to have penetrated into the mystery of this strangest story, and to have tried the credit of this witness, would, I should have thought, have occurred to any one; but certainly must have occurred to persons so experienced, and so able in the examination of facts, and the trying of the credit of witnesses, as the two learned lords unquestionably are, whom Your Majesty took care to have

introduced into this Commission. They never could have permitted these unexplained and unsifted hints and insinuations, to have had the weight and effect of proof. But, unfortunately for me, the duties probably of their respective situations, prevented their attendance on the examination of this, and on the first examination of another most important witness, Mr. Robert Bidgood. And surely Your Majesty will permit me here, without offence to complain, that it is not a little hard, that when Your Majesty had shewn your anxiety to have legal accuracy, and legal experience assist on this examination, the two most important witnesses, in whose examinations there is more matter for unfavorable interpretation, than in all the rest put together, should have been examined without the benefit of this accuracy, and this experience. And I am the better justified in making this observation, if what has been suggested to me is correct; that, if it shall not be allowed that the power of administering an oath under this warrant or commission is questionable, yet it can hardly be doubted, that it is most questionable whether, according to the terms or meaning of the warrant or commission, as it constitutes no quorum, Lord Spencer and Lord Perceval could administer an oath, or act in the absence of the other Lords; and if they could not, Mr. Cole's falsehood must be out of the reach of punishment.

"Returning then from this digression, will Your Majesty permit me to ask, whether I am

any

to understand this fact, respecting the man in a great coat, to be one of those which must necessarily give occasion to the most unfavourable interpretations? which must be credited till decidedly contradicted? and which, if true, deserve the most serious consideration? The unfavourable interpretations which this fact may occasion, doubtless are, that this man was either Sir Sydney Smith, or some other paramour, who was admitted by me into my house in disguise, at midnight, for the accomplishment of my wicked and adulterous purposes. And is it possible that Your Majesty, is it possible that candid mind can believe this fact, with the unfavorable interpretations which it occasions, on the relation of a servant, who, for all that appears, mentions it for the first time, four years after the event took place; and who gives, himself, this picture of his honesty and fidelity to a master whom he has served so long; that he, whose nerves are of so moral a frame, that he starts at seeing a single man sitting at mid-day, in an open drawing-room, on the same sofa with a married woman, permitted the disguised midnight adulterer, to approach his master's bed, without taking any notice, without making any alarm, without offering any interruption? And why? (because, as he expressly states,) he did not believe him to be a thief; and because (as he plainly insinuates,) he did believe him to be an adulterer.

"But what makes the manner in which the Commissioners suffered this fact to remain so

unexplained, the more extraordinary, is this; Mr. Cole had in his original declaration of the 11th of January, which was before the Commissioners, stated "that one night, about twelve o'clock, he saw a person wrapped up in a great coat, go across the Park into the gate to the Green House, and he verily believes it was Sir Sydney Smith." In his declaration there, (when he was not upon oath) he ventures to state "that he very believes it was Sir Sydney Smith. When he is upon his oath, in his deposition before the Commissioners, all that he ventures to swear is, "that he gave no alarm, because the impression upon his mind was, that it was not a thief." And the difference is most important. "The impression upon his mind was, that it was not a thief!!" I believe him! and the impression upon my mind too is, that he knew it was not a thiefthat he knew who it was-and that he knew it was no other than my watchman. What incident it is that he alludes to, 1 cannot pretend to know. But this I know, that if it refers to any man, with whose proceedings I have the least acquaintance or privity, it must have been my watchman ; who, if he executes my orders, nightly, and often in the night, goes his rounds, both inside and outside of my house. And this circumstance, which I should think would rather afford to most minds, an inference that I was not preparing the way of planning facilities for secret midnight assignations, has, in my conscience, I believe, (if there is one word of truth in any part of this story, and the whole of it is not pure

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