House of Lords Journal Volume 62: 9 March 1830

Die Martis, 9 Martii 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dundas & Bruce v. Dundas et al.

The Answer of Janet Hamilton Dundas, and others, to the Petition and Appeal of Wedderburn Dundas, and another, was this Day brought in.

Ld. Ellenborough's Divorce Bill.

The Order of the Day being read for the Second Reading of the Bill, intituled, "An Act to dissolve the Marriage of The Right Honorable Edward Baron Ellenborough with The Right Honorable Jane Elizabeth Baroness Ellenborough his now Wife, and to enable him to marry again; and for other Purposes therein mentioned;" and for hearing Counsel for and against the same; and for the Lords to be summoned;

Counsel were accordingly called in:

And Mr. Adam and Mr. Wigram appearing as Counsel on Behalf of the Petitioner;

And Mr. Dampier appearing as Counsel for Lady Ellenborough;

Mr. Adam was heard to open the Allegations of the Bill.

Then Charles Freshfield was called in; and having been sworn, was examined as follows:

(By Mr. Wigram.) "Do you know of the Bill now pending in this House for dissolving the Marriage of The Right Honorable Edward Baron Ellenborough with The Right Honorable Jane Elizabeth Baroness Ellenborough his now Wife?"

"I do."

"Did you serve a Copy of that Bill on Lady Ellenborough?"

"I did."

"Did you examine that Copy with the Bill?"

"I did."

"Was it a correct Copy?"

"It was."

"Was it signed by any one?"

"It was signed by the Officer of the House."

"Have you served Lady Ellenborough with an Order of the House for the Second Reading of this Bill?"

"I served her with a Copy of it."

"Did you at the Time of serving her with the Copy show her the Original?"

"I did."

"Was the Order signed by the Officer of this House?"

"It was."

"You served an examined Copy of the Bill, and also served a Copy of the Order?"

"I did."

"Did you examine that Copy?"

"I did."

"Was it a correct Copy?"

"It was."

"Did you leave a Copy of the Bill, and the Order of the House, with Lady Ellenborough?"

"I did."

"How long did it remain with her?"

"Until the following Day."

"Was it returned to you by her afterwards?"

"Yes."

"Had you any Conversation with her on the Occasion of her returning it to you?"

"She requested me to convey it to her Solicitor, who, she said, was instructed to act on her Behalf."

"Did you return it to her Solicitor?"

"I did."

"What was the Name of her Solicitor?"

"Mr. Bateman."

The Witness was directed to withdraw.

Then William George Paux was called in; and having been sworn, was examined as follows:

(By Mr. Adam.) "I believe you are Registrar of the Parish of Mary-le-bone?"

"I am Parish Clerk."

"Do you produce a Register of Marriages in that Parish for the Year 1824?"

"I do."

"Will you turn to the 15th of September 1824? Is that in your Hand an examined Copy; examined by yourself from the Register now open before you?"

"It is."

"Is it correct?"

"It is."

The same was delivered in, and read as follows:

"Page 266.

"Marriages solemnized in the Parish of St. Maryle-bone, in the County of Middlesex, in the Year One thousand eight hundred and twenty-four.

"The Right Honourable Edward Lord Ellenborough, a Widower, and Jane Elizabeth Digby Spinster, a Minor, were married by Special Licence, at 78 in Harley Street, by and with the Consent of Henry Digby Esquire, Rear Admiral in His Majesty's Navy, the natural and lawful Father of the said Minor, this Fifteenth Day of September in the Year One thousand eight hundred and twenty-four.

"It appears to be by Special Licence; have you the Special Licence?"

"I have."

"Is that a Copy of the Special Licence?"

"It is."

The same was delivered in, and read as follows:

"Charles, by Divine Providence, Archbishop of Canterbury, Primate of all England, and Metropolitan, by Authority of Parliament lawfully empowered for the Purposes herein written, to our beloved in Christ The Right Honourable Edward Lord Ellenborough, a Widower, and Jane Elizabeth Digby, Spinster, a Minor, Health: Whereas it is alleged ye have purposed to proceed to the Solemnization of a true, pure and lawful Marriage, by and with the Consent of Henry Digby Esquire, Rear Admiral in His Majesty's Navy, the natural and lawful Father of the said Minor, earnestly desiring the same to be solemnized with all the Speed that may be; that such your reasonable Desires may more readily take due Effect, we, for certain Causes us hereunto especially moving, do, so far as in us lies, and the Laws of this Realm allow, by these Presents graciously give and grant our Licence and Faculty, as well to you the Parties contracting, as to all Christian People willing to be present at the Solemnization of the said Marriage, to celebrate and solemnize such Marriage between you the said contracting Parties, at any Time, and in any Church or Chapel or other meet and convenient Place, by any Bishop of this Realm, or by the Rector, Vicar, Curate or Chaplain of such Church or Chapel, or by any other Minister in Holy Orders of the Church of England, provided there be no lawful Let or Impediment to hinder the said Marriage. Given under the Seal of our Office of Faculties, at Doctors Commons, this Eighth Day of September in the Year of our Lord One thousand eight hundred and twenty-four, and in the Twentieth Year of our Translation.

"Charles Moore, Reg.^r."

The Witness was directed to withdraw.

Then The Honorable Henry Spencer Law was called in; and having been sworn, was examined as follows:

(By Mr. Wigram.) "You are a Brother of Lord Ellenborough's, are you not?

"I am."

"You are, I presume, well acquainted with the present Lady Ellenborough, his Wife?"

"I am."

"Were you present when the Marriage Ceremony took place between them?"

"I was."

"When and where did that Ceremony take place?"

"It took place the 15th of September 1824, at Admiral Digby's House in Harley Street."

"By whom was the Ceremony performed?"

"By the then Bishop of Bath and Wells."

"Was the Ceremony performed the usual Ceremony according to the Rites of the Church of England?"

"Yes, it was."

"Did you remain long in England after the Marriage?"

"Yes; I remained in England till the 3d of March 1827."

"Were you in Habits of Intercourse with the Family of Lord Ellenborough during that Time?"

"I was."

"Had you any Opportunity of observing the Terms on which Lord and Lady Ellenborough lived together during that Time?"

"I had."

"Did they live on Terms of Affection?"

"Yes."

"When did you return to England?"

"On the 29th of March 1829."

"Had you any Opportunity afterwards of observing the Terms on which Lord and Lady Ellenborough then lived together?"

"Yes."

"Were they Terms of Affection still?"

"Yes."

"Was there any Difference in them?"

"No."

"They lived together on the same Terms of Affection as when you left England?"

"Yes."

"Was not Lady Ellenborough confined some Time after your Return?"

"It took place Abroad, I believe; I have no Knowledge of that."

Cross-examined.

"You say you returned to England on the 29th of March 1829, and then Lord and Lady Ellenborough were on Terms of Affection?"

"They were so."

"Do you know whether Lady Ellenborough has since that been confined?"

"I do not know to my own Knowledge."

"Do you know when she left England?"

"Not the exact Date."

"Do you know whether she was pregnant when she left England?"

"Not to my Knowledge."

The Witness was directed to withdraw.

Then William Walton was called in; and having been sworn, was examined as follows:

(By Mr. Adam.) "Are you a Waiter at the Norfolk Hotel at Brighton?"

"I was."

"Were you so in the Month of February 1829, and before that Time?"

"I was."

"Were Lord and Lady Ellenborough in the habit of frequenting that Hotel when they were at Brighton?"

"They were."

"Do you remember whether, in the Month of February, their infant Child was residing at that Hotel?"

"Perfectly well."

"By whom was he attended?"

"By Two Nurses."

"Do you remember, in the Month of February 1829, Lady Ellenborough coming down to Brighton?"

"I do."

"On what Day was it?"

"On the 6th of February."

"What Time of Day did Lady Ellenborough arrive?"

"From Four to Five."

"Had she Apartments in your House?"

"Yes."

"In what Part?"

"The East Part."

"Is there any particular Staircase belonging to that East Part?"

"A separate Staircase."

"Were there any Apartments in that East Wing except the Apartments occupied by Lord and Lady Ellenborough?"

"No."

"How does a Person who comes into the Hotel approach the other Part of it, the Body of it, and the Western Wing?"

"More to the West; in the Centre."

"Is there a separate and distinct Staircase leading to those Parts?"

"Yes."

"What is that called; has it any Name in the House?"

"The principal Entrance."

"Have the Steps and the Stairs any Name?"

"To the West End."

"Is that called the Staircase to the West End?"

"Yes."

"Do you remember, on the same Day that Lady Ellenborough came, a Gentleman arriving later in the Evening?"

"He arrived from Six to Seven."

"Had he Apartments in your House?"

"Yes, he had."

"Which Part of them?"

"At the West End."

"What Staircase would it be necessary for him to go up to get to Lady Ellenborough's Apartments?"

"To the West End."

"By that Staircase you have described as the West End Staircase?"

"Yes."

"A different Staircase from that Lady Ellenborough used?"

"Yes."

"Was he an Englishman or a Foreigner?"

"I should judge he was a Foreigner."

"Why so; did you hear him speak?"

"I heard him speak."

"Did he appear to you to be a Foreign Gentleman, and not an English Gentleman?"

"He appeared to be a Foreigner."

"Did he wear Mustachoes?"

"He did."

"Was his Appearance tall or short?"

"Rather tall."

"Was he a dark or a fair Man?"

"Rather sallow Countenance."

"Do you remember, in the Course of the Evening, any Message being sent by the Gentleman to Lady Ellenborough?"

"I do."

"What was it?"

"He enquired to know who was in the Hotel."

"What did you say?"

"Lady Ellenborough."

"What did he say upon that?"

"He wanted to know whether it was the Dowager Lady Ellenborough."

"What Answer did you make?"

"The young Lady Ellenborough."

"What did he say upon that?"

"He sent his Card to Lady Ellenborough."

"Did you take it?"

"I did."

"Did you bring back any Card?"

"That Lady Ellenborough, when he had dined, would be happy to see him to take Tea with her."

"Do you know whether he took Tea with her?"

"Yes; and I took the Tea up."

"Do you know how late in the Evening he continued there?"

"He left Lady Ellenborough's Sitting-room at Half past Ten, and went to his Bed-room."

"Did you observe the Carriage in which the Foreign Gentleman came to the Norfolk Hotel?"

"Yes."

"What Colour was it?"

"A Yellow Body."

"Have you seen that Carriage since?"

"I saw it this Morning."

"Where did you see it?"

"At the Mews."

"At what Mews?"

"I did not take particular Notice."

"Who took you?"

"Mr. Nelson."

"Is the Carriage you saw this Morning in the Mews the same Carriage that the Gentleman arrived in at Brighton?"

"Decidedly so, according to what I saw of it."

"Did you see it so sufficiently as to be able to say whether it is the same Carriage?"

"It is the same Carriage."

"The next Morning, did you see Lady Ellenborough at Breakfast?"

"I attended Breakfast."

"Who breakfasted with her?"

"This Gentleman, who I supposed to be a Foreign Gentleman."

"Was it the same Gentleman who had arrived the Evening before, and whom you believed to be a Foreign Gentleman?"

"Yes."

Cross-examined.

"How old was the Child who was at the Norfolk Hotel; how old should you think?"

"Nearly a Year old, I should think."

"Did you know Lady Ellenborough before this?"

"She was in the habit of coming to the Hotel often."

"Did you know Lord and Lady Ellenborough?"

"Yes."

"Did you know Lord Ellenborough?"

"Yes, perfectly well."

"Are you sure this Gentleman you supposed to be a Foreigner was not Lord Ellenborough?"

"Perfectly."

"You say you have seen the Carriage lately; did you observe it so clearly as to be able to speak to it now?"

"I took notice of it at the Time; I am quite certain it is the same Carriage."

"What made you take such particular Notice of the Carriage at the Time?"

"I saw it at the Door, and so far I am certain it is the same Carriage."

"What made you take such particular Notice at the Time; can you give any Reason?"

"In going to the Door I perceived that the Carriage I saw there is the same Carriage I saw this Morning."

(By a Lord.) "Did you see any Arms upon the Carriage?"

"It was quite a plain Carriage."

The Witness was directed to withdraw.

Then Robert Hepple was called in; and having been sworn, was examined as follows:

(By Mr. Wigram.) "You are a Waiter at Brighton, are you not?"

"Yes."

"At the Norfolk Hotel?"

"Yes."

"You were so in the Month of February 1828?"

"Yes, I was."

"During the whole of that Month?"

"Yes, I was."

"Before that Time, were you not?"

"Yes; a Twelvemonth before that, and more."

"Were Lord and Lady Ellenborough in the habit of coming to the Norfolk Hotel?"

"Yes, they were, frequently, at that Time."

"Do you remember Lady Ellenborough coming there about the 5th or the 6th of February 1828?"

"Yes; on the Sixth."

"Was Lord Ellenborough with her upon that Occasion?"

"No, he was not."

"Lady Ellenborough's infant Son was there, was he not?"

"Yes; he was under the Care of Two Nurses."

"Do you recollect a Gentleman arriving there on the Evening of the 6th, after Lady Ellenborough's Arrival?"

"Yes, I do."

"You have stated that Lady Ellenborough arrived at the Norfolk Hotel on the 6th of February 1828; do you mean the 6th of February 1828, or the 6th of February 1829?"

"The 6th of February 1829."

"You said you recollected a Gentleman arriving on the Evening of the 6th of February 1829?"

"Yes, I do."

"Did you attend that Gentleman on his Arrival?"

"I did not attend him."

"Did you attend him in the Course of his Stay here that Evening?"

"No, I did not; not in his own Room, where he dined; another Waiter waited upon him at Dinner."

"Had you any Opportunity of seeing what Luggage he brought with him?"

"Yes, I had."

"Did you take particular Notice of the Luggage he brought?"

"Yes; I took his Luggage up Stairs; it was a Carpet Bag and a Cloak."

"Did you notice particularly that Carpet Bag?"

"Yes; I noticed it rather particularly."

"Was there any thing remarkable about it?"

"It appeared to me to have a Coat of Arms upon it."

"You say it appeared to you to have a Coat of Arms upon it; had it a Coat of Arms upon it, or not?"

"It had."

"Did you know that Gentleman before?"

"No; I had never seen him before."

"In what Part of the House were the Rooms occupied by that Gentleman on that Evening?"

"He occupied a Sitting-room on the Ground Floor."

"Did he ask for a Bed-room there?"

"Yes, he did; and he was shewn one."

"Where was the Bed-room situated to which he was shewn?"

"It was up in a different Staircase, in the Centre of the House."

"Does the Bottom of that Staircase come into the Entrance Hall?"

"It does."

"Do you know in what Room Lady Ellenborough was?"

"Yes, I do."

"Was she in the same Part of the House with that Gentleman?"

"No, she was not; she was in the East Wing of the House."

"Was she up Stairs or down Stairs?"

"A Sitting-room up Stairs, with a Bed-room joining to it."

"Did the Staircase from Lady Ellenborough's Room also come down to that Hall?"

"No; there was a separate Staircase to her Room."

"Did the Staircase from Lady Ellenborough's Room come into the centre Hall?"

"No, it did not; it is into the Hall of the other House that was on the East Wing of the House."

"Could you get from the Bottom of the Staircase which led to Lady Ellenborough's Apartments to the Staircase leading to the Apartments occupied by this Gentleman, without passing through the centre Hall?"

"No."

"Was there any Communication between the Apartments occupied by Lady Ellenborough and those occupied by this Gentleman, except through the Hall?"

"No; they must come through the Hall to get from one to the other."

"At what Hour at Night did the Gentleman retire to his Room?"

"About Ten o'Clock, I think."

"Did you attend him upon that Occasion?"

"I lighted his Bed-room Candle when he came down into his Sitting-room, and he went up the Front Stairs."

"You saw him go up Stairs?"

"Yes."

"You mean up the centre Stairs?"

"Yes, up the centre Stairs to his own Bed-room."

"At what Hour on that Night did you yourself go to Bed?"

"I did not go to Bed 'till Three o'Clock the next Morning."

"Where had you been between Ten o'Clock, the Hour at which you say this Gentleman went to Bed, and Three o'Clock, when you say you went to Bed?"

"I stopped in my own Pantry, which was on the same Floor."

"How came you to be sitting up?"

"A Family were out at a Party, and I was sitting up for their Return."

"Did any thing occur that Night that attracted your Attention particularly?"

"Yes; at Twelve o'Clock this Gentleman came down the Front Stairs, and crossed the Front Hall leading to the Staircase which led to Lady Ellenborough's Apartments."

"You saw him come down the Stairs?"

"Yes, I did."

"Where did you place yourself on that Occasion?"

"When he came down the first Time, I was surprised to hear any one walking at that Time of Night, and I went to the Bottom of the Staircase to see who it could be, and I could see the Gentleman, and he went back again on seeing me, up Stairs."

"What did you do in consequence of that?"

"I kept out of Sight; and presently he came down again, and went across the Hall; but he did not see me."

"Do you mean that you watched him?"

"I certainly was anxious to know what a Person at that Time of Night was wishing to do."

"Had you any particular Reason for watching him?"

"No, not at all; only to know what he wished to be about."

"You say that he crossed the Hall?"

"He did."

"Where did he go to?"

"He went up the Passage leading to the East Wing of the House, and up the Stairs to Lady Ellenborough's Room."

"Did you watch him further?"

"I watched him into the Room."

"What Room do you mean?"

"Into the Bed-room."

"What Bed-room do you mean?"

"Lady Ellenborough's Bed-room."

"Was there any other Bed-room in that Part of the House?"

"No, none at all."

"Did he close the Door after him?"

"He did."

"Did he lock it?"

"Yes, he did."

"Did you still watch him?"

"I waited a short Time at the Door."

"How near the Door?

"Quite close to it."

"Do you know how long you remained in that Position?"

"I dare say I remained there a Quarter of an Hour the first Time; then I went again."

"Did you hear any Conversation take place between any Persons?"

"I heard Two Persons talking, a Man and a Woman, in the Room."

"In what Language were they talking?"

"The Language was foreign to me; it was not a Language I understood at all."

"Did you hear any thing more?"

"I could hear him get into Bed."

"You distinctly heard him get into Bed?"

"Yes, I did."

"Where did you go to, after having so listened at the Door?"

"I went down again into the Pantry, where I had been before."

"How long did you remain there?"

"I remained there, I dare say, nearly an Hour."

"Did the Gentleman return during the Time you remained there?"

"No, he did not, while I was up - Three o'Clock."

"You have stated that after an Hour you went up again?"

"Yes."

"Did you hear any thing more?"

"I could hear them in the Bed."

"Did you hear them talking?"

"I could hear them kissing."

"You again returned to the Hall?"

"I did."

"How long did you remain there?"

"The second Time? I did not go up 'till I went to Bed; that was about Three o'Clock."

"Did the Gentleman return into the Hall, or cross the Hall, during the Time you remained there?"

"No."

"Could he have returned without your seeing him do so?"

"No, he could not."

Cross-examined.

"Do you know Lord Ellenborough by Sight?"

"Yes."

"Had you ever seen this Gentleman before?"

"No."

"Did you speak to him?"

"No, I think I did not."

"Did he speak to you?"

"Yes; in the Morning I went up, and took his Things, to clean his Boots and his Coat and Trowsers; and all that he said to me was asking me to do that for him."

"Did you observe any thing particular about his Speech?"

"Yes, I observed so much that he did not talk making it out very good English, but he spoke plain enough for me to understand what he meant."

"Was he dressed when he came down at Twelve o'Clock?"

"Yes, he was."

"Are you sure that he saw you when he returned; you say he went back on seeing you; can you say that he saw you?"

"I should think that he did; I cannot be answerable for his Eyes; but he must have seen me, or else I think he would have come down the first Time."

"Were there any Female Servants up in the House at this Time?"

"No, not one."

"Who were the Party for whom you were waiting; were they all Gentlemen, or any Ladies?"

"There was a Gentleman and Two Ladies."

"Were there no Females sitting up for them?"

"No, not any; there might be their own Ladies Maid; if she was up she was in the Ladies Bed-room; she was not with me, and I did not see her."

"What is the Name of the Master of the Norfolk Hotel?"

"Walton."

"Is he a married Man?"

"Yes."

"Was Mrs. Walton at Home at this Time?"

"Yes, she was."

"Was she in the House?"

"Yes."

"Was your Master in the House?"

"Yes, and in Bed."

"Why did not you go up to your Master's Bed-room when you saw this take place?"

"I did not think it necessary to disturb him at that Time of Night."

"Did you mention it to him the next Day?"

"Yes, I did."

Re-examined.

(By Mr. Wigram.) "How long did the Gentleman remain at the Norfolk Hotel at Brighton?"

"He went away the next Morning."

(By Mr. Dampier.) "When did you first mention this to Mr. Freshfield, if you mentioned it at all?"

"When I first mentioned it to him was, I think, about the 9th of December last, when he sent for me."

The Witness was directed to withdraw.

Then Thomas Dunhill was called in; and having been sworn, was examined as follows:

(By Mr. Adam.) "Are you the Book-keeper at Marks's, the Coachbuilder's?"

"I am."

"Were you so in February 1829?"

"Yes, I was."

"Does he let out Carriages for Hire?"

"He does."

"Did he serve a Person of the Name of Spurgeon in February 1829?"

"He did."

"What is Spurgeon?"

"A Stable-keeper residing in Harley Mews, Harley Street."

"Does Spurgeon let Post Horses?"

"Yes."

"Do you know whether Marks let Spurgeon a Carriage in the Month of February 1829?"

"Yes, he did."

"On what Day?"

"On the 6th of February."

"How long was it out?"

"The 6th and 7th of February."

"At what Time in the Morning of the 6th of February did it go?"

"I cannot state; but I should imagine before Twelve, and returned the next Day."

"It came back the next Day?"

"The next Day in the Evening, or following Morning, the Eighth."

"What Coach was it?"

"A Yellow Chariot."

"Did you shew that same Chariot let to Spurgeon on the 6th February to any body this Morning?"

"Yes."

"To whom?"

"To Mr. Freshfield, and One or Two Gentlemen he brought with him."

"You are sure it was the same Carriage?"

"Yes."

(By a Lord.) "Was the Carriage perfectly plain, or had it Arms?"

"It had no Arms, but perfectly plain."

"A Yellow Carriage?"

"Yes, it was."

"Was there any thing particular in it?"

"It was rather an old-fashioned Carriage; it was with a Seat in front, no Seat behind; it was not what we call a Post Chariot- more adapted for Town Purposes - a Barouche Seat in front."

Then William Wheel being presented to the Witness, he was asked-

"Is that One of the Persons you shewed the Carriage to To-day?"

"It is."

Then William Walton was further examined as follows:

(By a Lord.) "Was the Carriage you saw at Brighton a Yellow Carriage?"

"Yes."

"Quite plain?"

"Yes."

"Had it a Barouche Seat in front or behind?"

"In front."

"Are you quite sure the Carriage you saw To-day was the same you saw at Brighton?"

"Quite sure."

"For what Reason?"

"I saw it at the Door when it came away."

"Have you any particular Reason? Was there any particular Mark, or any thing in the Form of the Carriage, or any Circumstance, to lead you to think it was the same?"

"I observed in particular the Dickey was very high; the Front of it was a Yellow Body, quite plain."

"Was there any thing else?"

"No."

Then Thomas Dunhill was again called in, and crossexamined as follows:

"Have you any Memorandum of the Hire of this Carriage to Sourgeon?"

"I have."

"Does that Memorandum describe the Carriage particularly?"

"It describes it as a Yellow Chariot, hired on the 6th of February by Mrs. Spurgeon. We have always Names to the different Carriages on our Premises by which we distinguish the one from the other; this Carriage was termed Randall's Chariot; so it was entered in our Book; that enabled us to ascertain the Carriage exactly, when we were called upon to say what Carriage went out on a particular Day."

"Did you see this Carriage go out to purgeon's?"

"I did not see the Carriage go out."

Then William Wheel was called in; and having been sworn, was examined as follows:

(By Mr. Adam.) "Were you a Postboy in Mr. Spurgeon's Service in the Month of February 1829?"

"Yes."

"Do you remember any Day in the Month of February going to Marks's Yard in Regent Street, for a Carriage?"

"No, I do not know it in particular."

"Did you any Day?"

"Yes."

"Was it the Beginning of last Year, or when?"

"I do not know the Time when it was."

"What Sort of a Carriage was it?"

"A Yellow Carriage."

"Did you discover whether it had any Dickey?"

"Yes."

"Before or behind?"

"Before."

"Had you been in the Hospital at any Time in the Beginning of last Year?"

"Yes."

"Was it long after you went out of the Hospital that you went to Marks's for this Carriage?"

"No."

"When did you leave the Hospital?"

"I cannot tell exactly."

"Was it the Beginning or the End of the Year?"

"I think it was about January."

"It was shortly after that you went to Marks's for this Carriage?"

"Yes."

"Where did you take the Carriage to?"

"I took the Carriage to No. 73, Harley Street."

"Who lived there?"

"Prince Swartzenburgh."

"How do you know that Prince Swartzenburgh lived there; did you know him before?"

"Yes."

"You had seen him before?"

"Yes."

"Had you ever driven him?"

"Yes."

"How often do you suppose you had driven him?"

"Several Times."

"Did you drive him upon that Occasion in that Yellow Carriage?"

"Yes; I had driven him before in that."

"On the Day you took the Carriage from Marks's, and went to Prince Swartzenburgh, who got into the Carriage?"

"Prince Swartzenburgh."

"Where did you go to?"

"To Croydon."

"That is on the Road to Brighton?"

"Yes."

"Did the Prince get out there?"

"No."

"Did the Prince give you any Orders there?"

"He told me to have good Horses for him forward."

"Forward; where to?"

"To Brighton."

"Did you give any Orders for Horses forward?"

"I did; I ordered them to go to Hawley."

"Did you see the Prince start from Croydon for Hawley?"

"Yes."

"Did the Prince say any thing to you after he told you to get Horses to Hawley?"

"Yes; I bid the Postboy make the best of his Way with Prince Swartzenburgh to Hawley."

"Did he say any thing to you himself?"

"Yes; he told me not to mention his Name."

"To whom were you not to mention his Name?"

"To the Postboy who took him on."

"Did you take the Carriage back to Marks's?"

"When it came Home, I think I did, but I am not sure."

Cross-examined.

"When was this?"

"I cannot exactly say when it was."

"When did you first go into the Hospital?"

"I have got the Card I took when I went to the Hospital." (Producing it.)

"When did you come out of the Hospital?"

"I cannot say; I did not take notice of the Day of the Month."

"Did you take notice of the Month?"

"No, I did not."

Re-examined.

(By Mr. Adam.) "Did you ever take the Prince to Croydon but once in your Life?"

"Never."

"Was that the Time he ordered Horses on to Hawley, and told you not to mention his Name?"

"Yes."

The Witness was directed to withdraw.

Then Ann Lewis was called in; and having been sworn, was examined as follows:

(By Mr. Adam.) "Were you in the Service of Prince Swartzenburgh in the Month of February 1829?"

"Yes."

"Where did you live then?"

"In Harley Street."

"What Number?"

"Forty-three."

"Recollect the Number?"

"Fifty-three."

"Was it Fifty-three; recollect yourself?"

"I believe it was."

"Was it the next Door to a Dentist at the Corner?"

"Yes, it was.

"What was the Street of which that was the Corner?"

"Queen Anne Street."

"What was the Prince; had he any Occupation in London?"

"Secretary to Prince Esterhazy."

"How long did he live in Harley Street?"

"Nearly a Twelvemonth, I think."

"When the Prince used to travel, when he went out into the Country, what Sort of Luggage did he take, if he went only for a Day or Two Days?"

"He took a Carpet Bag and Portmanteau."

"Was there any thing particular about the Carpet Bag?"

"His Name was on the Bag; the Initials of his Name, and a Crown was on it."

"How do you mean; was it worked on the Bag?"

"Worked with a Needle, I believe.

"What were the Initials?"

"S. of P., to the best of my Knowledge."

"P. S. perhaps?"

"Yes."

"When did the Prince leave England?"

"The 23d of May last."

"Were you in his Service at the Time?"

"Yes."

"Have you ever seen the Prince since?"

"Never."

"Did you continue to receive Wages from him for any Time after he left England on the 23d May?"

"No."

"What became of the House he had occupied?"

"He left it. It is still with The Count Didrestine, and now it is his own House; there is nobody in it?"

"Who takes charge of it?"

"A Servant."

"What is her Name?"

"Mary Lackemby."

"Is she your Sister?"

"Yes."

"Did she live with the Price while you were in his Service at all?"

"No."

Cross-examined.

"Did you observe whether the Prince had any other Bag than that you have mentioned?"

"No."

"Were the Initials of the Name plain?"

"Very."

"Were they as plain as the Crown you mention to have been on the Bag?"

"They were."

The Witness was directed to withdraw.

Then Mary Lackemby was called in; and having been sworn, was examined as follows:

(By Mr. Wigram.) "You have a Sister named Ann Lewis, have you not?"

"Yes."

"Ann Lewis lived with Prince Swartzenburgh, did she not?"

"Yes."

"The Prince at the Time lived in Harley Street, did he not?"

"Yes."

"What was the Number of the House in Harley Street?"

"Seventy-three."

"When did the Prince leave the House in Harley Street?"

"March."

"In what Year?"

"Last Year."

"Where did he move to when he left Harley Street?"

"No. 11, Holles Street."

"How long did he remain at No. 11, Holles Street?"

"Till the 23d of May."

"Where are you residing now?"

"In Holles Street, Cavendish Square."

"At what Number in Holles Street?"

"No. 11."

"Whose House is that?"

"Mrs. Bull's."

"Is that the House to which the Prince removed when he left Harley Street?"

"Yes."

"Are you now in the Service of any body?"

"I am in the Service of Prince Swartzenburgh."

"In what Capacity?"

"He only kept me."

"Are you his Housekeeper?"

"Yes."

"You take charge of his House?"

"Yes."

"Do you know where the Prince went?"

"No."

"Has he returned since he left on the Occasion you mention?"

"No, not to my Knowledge."

Cross-examined:

"Is the House in Holles Street the Prince's House, or does he hire Apartments?"

"It is Mrs. Bull's House, and it is given up on the 25th of this March."

The Witness was directed to withdraw.

Then Miss Margaret Steele was called in; and having been sworn, was examined as follows:

(By Mr. Adam.) "You were an Acquaintance of Lady Andover for a good many Years?"

"I was."

"Did you educate the present Lady Ellenborough, then Miss Digby?"

"Yes."

"For how many Years?"

"Five or Six."

"Did you continue your Intimacy with the Family after Lady Ellenborough's Marriage?"

"Yes."

"Had you Occasion to see her and Lord Ellenborough living together after their Marriage?"

"Yes, constantly."

"Did they live together as an affectionate and happy Couple?"

"In the Beginning, very happy."

"Up to what Time?"

"The last Time I saw them, they were living happily; that was in 1828."

"Up to the Year 1828 they were living happily together?"

"As far as I saw, they were living happily together."

"Your Intimacy continued with them up to 1828?"

"Up to 1829,"

"In the Month of May 1829, do you remember going to Rochampton?"

"Perfectly."

"Whom did you find there?"

"Lady Andover, Lady Ellenborough and Lady Anson."

"Did you see Lord Ellenborough at Croydon during the Time you resided there on that Occasion?"

"Never."

"How long did you reside there on that Occasion?"

"Till the 30th of May."

"On what Day did you go there?"

"Upon the 24th, I think, on the Saturday."

"Had a Separation at that Time taken place between Lord and Lady Ellenborough?"

"On the 22d, a Separation had taken place."

"You went for the Purpose of living with Lady Ellenborough, as her Companion?"

"I did."

"Was Mr. Henry Law, Lord Ellenborough's Brother, living there at that Time?"

"Yes."

"Was Lady Andover living here?"

"Yes."

"Was Lady Anson very much there?"

"Yes, she was."

"On the 30th May, did you quit Roehampton for Ilfracombe?"

"Yes."

"Where did you take up your Residence next, after you left Roehampton?"

"At Ilfracombe."

"Did you live at Ilfracombe after you left Roehampton?"

"Yes."

"For how long?"

"If you will allow me to look at the Dates, I shall be able to answer the Question."

"When did you write that Paper?"

"At that Period; we left Ilfracombe July the 1st, I think."

"Do you remember when you arrived there?"

"The 30th of May."

"Where did you go to then?"

"To Minton; the Residence of Lady Ellenborough's Aunt."

"What is her Name?"

"Mrs. Digby."

"About the Time of your arriving at Minton, did you observe whether Lady Ellenborough was pregnant?"

"Oh yes, I did."

"Was it visible, by the Time she got to Minton, that she was in that Way?"

"Quite visible."

"Had you ever any Conversation with Lady Ellenborough on the Subject of her Pregnancy?"

"Yes, I had."

"Did you ever hear her mention her having been at Brighton in the Month of February 1829?"

"I did."

"Did you hear who was with her at that Time?"

"The Prince Felix Swartzenburgh."

"Have the goodness to state what she stated to you as to what took place between herself and Prince Swartzenburgh upon that Occasion; did she state whether they used the same Apartment?"

"Yes, she did."

"For how long?"

"I forget; One Day and Night, I think."

"The same Bed-chamber?"

"Yes; the same Bed-chamber."

"How long?"

"One Day and Night, I am certain."

Mr. Dampier objected to the proving of any Access of Prince Swartzenburgh to Lady Ellenborough by Conversation with the Witness at the Bar.

The Counsel were informed, "That Evidence of a similar Nature had been received in other Cases."

(By Mr. Adam.) "Did she, in speaking of her Pregnancy, at any Time allude to who was the Father of the Child of which she was pregnant?"

"She always said it was Prince Felix Swartzenburgh."

Cross-examined.

"Do you know whether Lord and Lady Ellenborough lived together during any Part of the Year 1829?"

"I do not know."

"Did they live together at the End of 1828?"

"As far as I know they did."

"What was the last Time that you of your own Knowledge observed they were living together; about what Time?"

"Do you mean living together in the same House?"

"Living together in the same House as Husband and Wife?"

"I never suspected they lived otherwise."

"What was the last Time that you observed them living together in that State?"

"I never observed any thing either one Way or the other; I merely heard her Remarks afterwards."

"Did you observe whether they were living together any Part of the Year 1829?"

"I have dined with them, and spent the Evening with them."

"In the Year 1829?"

"I think, to the best of my Knowledge, it was."

"Can you state in what Part of the Year 1829?"

"No, I cannot; but early in the Year I should think."

The Witness was directed to withdraw.

Mr. Adam stated, "That he would now call Evidence to prove that every Attempt had been made to serve Prince Swartzenburgh with Process, but that he was not known to have been in England since the Facts had come to the Knowledge of the Petitioner."

Then James William Freshfield Esquire was called in; and having been sworn, was examined as follows:

(By Mr. Adam.) "You are a Solicitor?"

"I am."

"Are you the Solicitor to my Lord Ellenborough?"

"I am."

"Did he at any Time apply to you to make Enquiries into the Conduct of Lady Ellenborough?"

"I received his Lordship's Instructions to investigate the Conduct of Lady Ellenborough on the 20th of June 1829?"

"Did you proceed to do so?"

"I did."

"Were you able to obtain any Evidence of any Person in respect of any criminal Conduct on the Part of Lady Ellenborough?"

"Not until the Month of July 1829."

"In the Month of July 1829 did you obtain what you considered Evidence against any body?"

"I did."

"Against whom?"

"Against Prince Swartzenburgh. Until the Month of July 1829 I had not obtained any Evidence against Prince Swartzenburgh, nor against Lady Ellenborough."

"Were you in a Situation to advise Lord Ellenborough to institute any Proceedings against Lady Ellenborough in the Ecclesiastical Court, or any Proceedings against Prince Swartzenburgh?"

"No; not even to retain Counsel."

"Did you use every Effort in your Power to obtain Evidence?"

"I did."

"Did you make any Attempt subsequently to ascertain whether Prince Swartzenburgh had been in England?"

"A Report was in Circulation that he was in England, and I took great Pains to ascertain whether the Fact was so."

"Could you ascertain whether he was here or not?"

"I was satisfied at the Result of the Enquiry that he had not been here."

Mr. Adam submitted to their Lordships, "Whether it was necessary that he should adduce further Evidence, professing his Readiness to do so, if it was thought desirable."

The Counsel was informed, "That, having opened other Facts, it was the Wish of their Lordships that he should proceed to prove those Facts."

Then John Ward was called in; and having been sworn, was examined as follows:

(By Mr. Wigram.) "You now hold an Appointment under the Vice Chancellor of England?"

"Yes."

"How long have you had that Appointment?"

"Fifteen Months."

"You lived with Mr. Simon Taylor, did not you?"

"Yes."

"When did you quit his Service?"

"About September 1828."

"How long had you lived with Mr. Simon Taylor before you quitted his Service?"

"Rather better than Eleven Months."

"Mr. Taylor died at that Time, did he not?"

"He died in August; the 9th of August."

"You left in consequence of his Death?"

"Yes."

"Did he live at that Time in Harley Street?"

"He lived at No. 11 in Harley Street."

"What were the Numbers of the opposite Houses?"

"73, 74 and 75, which are considered to be nearly opposite."

"Do you know who lived at No. 73 in the Month of June 1828?"

"To the best of my Belief it was Prince Swartzenburgh and another Foreign Gentleman, who was in the Embassy with The Prince Esterhazy, the Austrian Ambassador."

"You knew the Person of Prince Swartzenburgh?"

"I did, perfectly well."

"Did you ever observe whether Persons called at No. 73?"

"The only Person I noticed was a Lady frequently calling; she generally called every Day about Three or Half past Three o'Clock."

"Did you then know who the Lady was?"

"I did not."

"Do you know what Part of the House was occupied by Prince Swartzenburgh?"

"The First Floor."

"May you frequently have seen him on the First Floor?"

"I always saw him on the First Floor; I never saw him in any other Part of the House."

"Do you recollect seeing that Lady there at the Beginning of the Month of June 1828?"

"Yes."

"Where did you see her on that Occasion?"

"I have seen her go in at the Door, and I have always seen her in the Drawing-room."

"Do you recollect seeing her on any particular Occasion?"

"Yes; I have seen her several different Times in the Drawing-room."

"Did you ever see her in the Company of Prince Swartzenburgh in the Drawing-room?"

"Yes."

"Frequently?"

"Yes."

"Do you recollect seeing any thing particular occur between them in the Drawing-room?"

"I have seen Prince Swartzenburgh dressing and assisting in dressing the Lady."

"In what State was she as to her Dress when you saw her?"

"More particularly at One Time I saw Prince Swartzenburgh lacing her Stays."

"Where were you then?"

"I was in the Drawing-room at No. 11, Harley Street."

"You say you have frequently seen this Lady go into the House?"

"Yes."

"You stated that No. 11, the House where you lived, was opposite to that House?"

"Yes, it was."

"Were the Windows of No. 73 open or shut when you saw this?"

"The Middle Window was open."

"You say you have frequently seen the Lady go to that House; was she alone or attended?"

"I always saw the Lady go alone."

"From which Side of the Street did she approach the House?"

"Generally from Upper Harley Street; or otherwise from Chandos Street."

"From which Side of Harley Street did she approach the House?"

"On the same Side of the Way as No. 73."

"Do you mean that she walked down that Side to the House?"

"Yes."

"Did you on any Occasion see her cross over from the Side on which your House was to that?"

"I have seen her cross over from Chandos Street, but I never saw her cross over in any other Way."

"Do you mean that she crossed Harley Street to No. 73?"

"Up Harley Street, from Queen Anne Street, to No. 73."

"Does not Queen Anne Street run across Harley Street?"

"Yes."

"Did the Lady usually knock or ring at the Door when she came there?"

"No."

"Have you ever seen any one waiting at the Window when she arrived?"

"I have always seen Prince Swartzenburgh leaning out at the Drawing-room Window when the Lady has come, and he has generally let her in at the Door himself."

"Did she knock or ring?"

"I never saw her knock or ring."

"Do you know who let her in upon those Occasions?"

"I have always seen Prince Swartzenburgh let her in."

"Did you know at that Time who the Lady was?"

"No, I did not."

"Do you now know who the Lady is?"

"No otherwise than was told me by other Persons."

"Have you seen her on other Occasions?"

"I have seen her driving in a Pony Phaeton in Portland Place and in Wimpole Street."

"Are you sure it was the same Lady?"

"Yes."

"Will you describe the Phaeton?"

"It was drawn by Two Ponies- a Green Phaeton, with Bars, and a Seat for One Servant behind; it would work with either One Horse or Two."

"Did the Lady drive herself; was she always driving when you saw her?"

"I always saw her driving herself."

"Was there a Servant attending?"

"Yes."

"What was the Livery?"

"Drab Livery, with the Hat drawn up on the Side."

"What was the Facing?"

"I do not recollect the Facing."

"Have you often seen that Phaeton near the House where you lived?"

"Yes, I have frequently seen it in Portland Place, and also in Cavendish Square and Wimpole Street."

"Have you seen it standing there?"

"I have often seen it standing in Portland Place, or moving about with only a Servant in it."

(By a Lord.) "Was the Servant on Horseback, or in the Chaise?"

"He was sitting in the Seat behind."

"A Man or a Boy?"

"I should say a Boy; what I supposed to be a Boy about Seventeen or Eighteen Years old."

"Should you know that Boy if you saw him?"

"Yes."

"Had you seen that Carriage often?"

"Yes; very frequently."

"Standing, apparently waiting, in the Street?"

"Yes; as one generally sees a Carriage that is moving about with the Servant which is waiting for the Employer."

(By Mr. Wigram.) "You said you have seen Prince Swartzenburgh assist in dressing this Lady?"

"Yes."

"Have you seen that Once or more than Once?"

"I will not speak positively to more than Once?"

"Have you ever seen the Lady leave the House, No. 73?"

"Yes."

"Can you speak as to the Time she usually remained there when she went?"

"Yes; I have noticed her going in and coming out; it has generally been from an Hour and a Half to Two Hours."

"When she left the House, did she leave it alone, or with any Gentleman?"

"I have seen her leave it alone, and I have seen her leave it with Prince Swartzenburgh."

"When she has left it alone, have you ever seen the Prince follow her?"

"I have."

"How soon after?"

"Sometimes Five Minutes; One, Two, or Three Minutes."

"Have you seen her join him in the Street afterwards?"

"I never did."

"Have you since seen a Boy whom you have seen in the Presence of this Lady?"

"Yes."

"Should you know him if you were to see him now?"

"Yes."

"Have you seen the Carriage?"

"I have."

"When did you see it last?"

"I think about Six Weeks since."

"Were you accompanied by any one when you saw that?"

"Yes; the last Time I was accompanied by the Boy who used to drive the Phaeton."

"Where did you see it?"

"I saw it in York Street, Portman Square; Mr. Dodds, I think, is the Name."

"Is that a Coachmaker?"

"Yes."

"Are you certain it was the same Carriage?"

"To the best of my Belief it was."

"Are you positive as to the Boy being the same?"

"I am."

"(By a Lord.) "For how long a Period did these Visits go on in Harley Street of which you are speaking?"

"I can speak only for Two Months."

"How frequently, as nearly as you can recollect?"

"Generally speaking, I have noticed the Lady going into the House every Day; at that Time I was not occupied in any Employment, and I was generally standing at the Door, as Visitors were very frequently calling at that Time of Day; and that was the Time I have seen the Lady go in and out of the House."

"It was generally about the same Time of the Day?"

"Yes."

"You say you have seen the Lady in that Phaeton, and you are sure of her Person?"

"Yes; I am sure of her Person."

"How many Times may you have seen her in that Phaeton?"

"Two or Three different Times."

"Was she alone at the Time you saw her?"

"I never saw her except with her Servant."

"She had no other Lady with her?"

"No."

"You are sure it was the same?"

"Yes."

Cross-examined.

"Where were you when you saw the Gentleman helping to dress the Lady?"

"I was at the Drawing-room of No. 11 in Harley Street."

"Were you standing openly at the Drawing-room Window?"

"I was."

"Was there any Attempt at Concealment in the opposite Windows at No. 73?"

"There was no Attempt to conceal."

"Did you mention what you had seen to any one?"

"Not to my Recollection, except it was when I was called upon by the Solicitor."

"Did you mention to him that you saw this Gentleman, whom you knew to be Prince Swartzenburgh, assisting to dress the Lady about that Time?"

"I do not recollect that I mentioned it to any Person except it was to those Persons in the House; one Person in particular was a Person who knew the Family of the Lady, and said it certainly was false."

Then William Carpenter was called in; and having been sworn, was examined as follows:

(By Mr. Adam.) "Were you ever in Lord Ellenborough's Service?"

"Yes."

"What as?"

"As Groom to Lady Ellenborough."

"Was Lady Ellenborough in the habit of driving a Phaeton?"

"Yes."

"What was it drawn by, Horses or Ponies?"

"A Pair of long-tailed Black Ponies."

"Did you attend her Ladyship when she went out in the Phaeton?"

"Yes."

"Were you in the habit of driving at any Time to Portland Place?"

"Yes."

"Or to Wimpole Street?"

"Yes."

"And to Queen Anne Street?"

"Yes."

"What used you to do, when you got to Queen Anne Street, and so on?"

"I generally used to leave Lady Ellenborough; she used to get out of the Chaise, and I used to return Home."

"Did you sometimes return when she left you?"

"Sometimes I did, but not very often."

"Did any Lady or Gentleman accompany Lady Ellenborough on those Occasions?"

"Sometimes Prince Swartzenburgh."

"How often in the course of the Week did Lady Ellenborough drive to those different Streets?"

"Sometimes Three or Four Times a Week."

"In what Year did she begin to drive there?"

"I cannot say."

"Was it last Year, or the Year before?"

"I cannot say."

"When did you enter Lord Ellenborough's Service?"

"I cannot say; I was there Two Years last July."

"You went in July 1827, then?"

"Yes, that was the Time."

"Do you remember Lady Ellenborough being confined?"

"Yes."

"When was that?"

"I cannot exactly say the Time."

"How many Months had you been in her Service when Lady Ellenborough was brought to Bed?"

"I cannot rightly say."

"How long after her Confinement was it that she used to drive to those Places?"

"I cannot say."

"What was the Year or the Month?"

"I cannot say."

"What Time of the Year was it?"

"I cannot say."

"Was it in the Summer or Winter?"

"I think it was in the Summer."

"Was it not the first Summer after Lady Ellenborough's Confinement?"

"Yes."

"You sometimes drove her there Three or Four Times a Week?"

"Yes."

"When you went out, what Orders did you have about returning?"

"Sometimes she used to order me to come again; sometimes one Time, and sometimes another."

"What Time did her Ladyship go out?"

"Sometimes One or Two o'Clock; sometimes Two or Three."

"When she kept you waiting, how long did she keep you?"

"Sometimes Three Quarters of an Hour; sometimes an Hour; sometimes more."

"You did not know where she went to?"

"No, I did not."

"Did any body return with her?"

"Sometimes Prince Swartzenburgh."

"Did you see any body else return with her but Prince Swartzenburgh?"

"No."

"Do you remember driving to Holles Street, or that Part of the Town?"

"Yes, since I did."

"For how long did you continue to drive to Portland Place, and those Streets you have mentioned; was that during the Winter?"

"Yes."

"And to the Spring of the next Year?"

"Yes; I think it was at that Time."

Then John Ward was again called in, and further examined as follows:

(By Mr. Adam.) "Look at this Lad (Carpenter); is that the Person whom you saw in this Phaeton?"

"It certainly is the same Person."

"Where did you see him?"

"I have seen him, as I have already described, in Portland Place, in Harley Street, and in Cavendish Square."

"Is that the same Person that shewed you the Phaeton?"

"I was told by Mr.Freshfield to go to the Coachmaker's to see whether I could identify the Carriage. I went there. The Coachmaker was himself engaged with a Gentleman in the Carriage Loft, and I was left by myself, and had picked out the Phaeton before the Coachmaker himself came to me, which was standing in the Front Shop."

"Did Carpenter shew you any Phaeton?"

"Carpenter went with me, I suppose about a Month or Six Weeks afterwards; and he himself saw the Phaeton, and identified it as the Phaeton that Lady Ellenborough used to drive in."

"Did he point out any Phaeton as that in which Lady Ellenborough used to drive with him?"

"Yes."

"Where was that?"

"At the Coachmaker's in York Street, Portman Square?"

"Was that the Carriage which you saw waiting in Portland Place and Cavendish Square, and so on?"

"Yes; to the best of my Recollection, it was."

"Was it the same Carriage you fixed on when you went by yourself?"

"Yes."

(To Carpenter.) "What Carriage was it you shewed to the Witness at Dodd's?"

"Lady Ellenborough's Phaeton."

"Was that the same Carriage you used to go about Town in with Lady Ellenborough?"

"Yes."

Cross-examined.

"You know Prince Swartzenburgh?"

"Yes."

"Did he visit at Lord Ellenborough's at the Time?"

"No."

(By Mr. Adam.) "What was Lord Ellenborough's

"Livery?"

"Drab lined with Blue."

"What Sort of Hat?"

"Silver-lace Band."

"Looped up?"

"No."

(By a Lord.) "Did you drive Lady Ellenborough in that Phaeton, or did not she drive herself?"

"Sometimes I drove her, and sometimes Lady Ellenborough drove herself."

"Did any other Lady drive that Phaeton?"

"Sometimes, when there has been Company at Lord Ellenborough's."

"In London?"

"No, not in London."

"Did any other Lady ever drive that Phaeton in "London, you being with the Phaeton?"

"No, not in London; I do not recollect."

"Are you sure that no other Lady drove that Phaeton in London when you were in it?"

"Yes."

(By Mr. Dampier.) "How did you know Prince Swartzenburgh?"

"I was told it was he."

"Who told you so?"

"His Groom."

"Did nobody but his Groom tell you this?"

"No."

"What were those Places in the Neighbourhood of Harley Street that you drove her to?"

"Lady Ellenborough drove herself, when that happened, to Harley Street."

"Are not those Places in the Neighbourhood of Harley Street?"

"Yes, they are; they are close against Harley Street."

"Do not you know that Admiral Digby lives in Harley Street?"

"Yes; No. 86."

(By Mr. Adam.) "Did Lady Ellenborough drive to her Father's House, No. 86, or did she stop at any other Place in the Neighbourhood?"

"Sometimes I drove her to her Father's, and then I returned Home."

"Did she ever use to drive to her Father's and not go in?"

"Sometimes she has."

"Did you observe then where she went to?"

"No."

"Which way did she walk then; up Harley Street to Cavendish Square?"

"Sometimes she has, and sometimes she has walked across Cavendish Square."

"You say that Four or Five Times a Week Lady Ellenborough used to drive into Cavendish Square or Queen Anne Street and Portland Place, and send you back, or keep you waiting?"

"Yes."

"Is Admiral Digby's House the first House from Cavendish Sqùare?"

"Yes; the first Door on the Left Hand Side."

"Do you know the Dentist's at the Corner of Queen Anne Street?"

"No."

The Witness was directed to withdraw.

Then John Ward was further examined as follows:

(By a Lord.) "At what Period was this you saw this Lady going; what Time of the Year?"

"It was in April, May, and June."

"In what Year?"

"1828."

"At what Time of the Day was it you observed this?"

"Always from a Quarter to Three, at which Time the Lady generally went in; and when I saw her come out, it was from Half past Four to Five o'Clock."

"In the Daylight?"

"Yes."

"Was there any Concealment in the Manner or Appearance of the Lady as she came up the Street?"

"I do not conceive there was the least Concealment."

"Did she wear a Veil?"

"Yes."

"Was that Veil down?"

"Yes."

"When the Lady left the House in Prince Swartzenburgh's Company, did she take hold of his Arm?"

"I never saw her have hold of his Arm?"

"She left it in Company with him?"

"I never saw her leave it in his Company; he has left the House directly after her."

"You stated that you have seen him leave the House with her?"

"That was in a Cabriolet; but that Question has not yet been put to me."

"Did you ever see any Cabriolet drive her away?"

"Yes."

"Did that happen frequently?"

"I have seen it happen Four Times; at Four different Times."

"You were in the habit of observing the House when this Lady was in it; did you ever observe the Blinds put down, or the Shutters shut, when she went in?"

"The Blinds were generally left halfway down, but I never saw them more than halfway down, except during Candle-light, in the Evening."

"Did you ever see her there after the Candles were lit?"

"No."

"Did you find, while she was there, that they were pulled down?"

"No."

"Were the Windows open at any Time while she was there?"

"The Middle Window was once open; the Window Sash itself."

"So that you could see clearly into the Room?"

"Yes; and I will state the Reason why; when the Door of the Back Room was open, the Light from the Back Room admitted of seeing what was going on in the Front Room; if the Door had not been open, it could not be seen."

"That Door was opposite the Middle Window?"

"It was not exactly opposite, but so nearly so that we could see the Light."

"Did you ever see any thing extraordinary, or any Employment passing, except this dressing in the Manner you have stated?"

"No."

"Where were you when you saw this?"

"I was in the Drawing-room of No. 11, at the Middle Window."

"Near the Window?"

"Close to the Window."

"Was that Window open?"

"It was."

"So that Prince Swartzenburgh and this Lady may have seen you?"

"If they had looked that Way they could not have been off seeing me."

"And you saw Prince Swartzenburgh lacing this Lady's Stays opposite the Window?"

"Yes."

"How near was he to the Window?"

"As near as a Person can judge, about the Middle of the Room; the Room might be, I suppose, about Eight Yards across."

"You did not know the Lady at this Time?"

"No, I did not know at that Time."

"You stated that you mentioned this to one of the other Servants of the Family, and that one of the other Servants said she knew the Lady's Family, and it was false?"

"Yes."

"How did you know that that Person knew the Lady's Family, if you did not know who the Lady was?"

"I was told so by the Person whom I mentioned the Visits of this Lady to; and it was said, It is Lady Ellenborough; and in the Course of Conversation it came out that Lady Ellenborough was the Person who was in the habit of visiting Prince Swartzenburgh, and Lady Ellenborough happened to be known to the Housekeeper. I was talking; and she said it was no such Thing; that Lady Ellenborough was the most virtuous Woman on Earth, and it was altogether false."

"Are you aware whether the Housekeeper ever saw her go into the House?"

"I am not."

"You did not, after this Conversation took place, desire her to watch with you to see the Lady?"

"No. I never watched myself; what I saw was promiscuously."

"You stated that it was every Day?"

"No, not every Day."

"This was in the Months of April, May, and June?"

"Yes."

The Witness was directed to withdraw.

Then Ann Lewis was again called in, and further examined as follows:

(By Mr. Adam.) "Were you in the Service of Prince Swartzenburgh in the Months of June and July 1828?"

"Yes."

"Where did you live at that Time?"

"In Harley Street."

"You described that it was next Door to the Dentist's, the Corner of Queen Anne Street?"

"Yes."

"What Apartments did the Prince occupy?"

"The Drawing-room Floor."

"What Rooms were there?"

"Three Rooms; a Sitting-room, a Bed-room, and a Dressing-room."

"Which Room was in the Front towards Harley Street?"

"The Sitting-room."

"How did the Bed-room communicate with the

"Drawing-room?"

"By Folding Doors."

"There was a Bed there, in the Bed-room?"

"Yes."

"Who lived in the House with the Prince?"

"Count Didderitstein."

"What Apartments did he occupy?"

"The Second Floor."

"Do you remember at that Time, after you went to Prince Swartzenburgh, a Lady being in the habit of visiting him?"

"Yes."

"When did you first observe that Lady's Visits to take place?"

"I believe I had been there a Fortnight."

"Used she, when she came, to knock or ring, or how was she let in?"

"She came in the Prince's Cabriolet."

"Did she always come in the Prince's Cabriolet?"

"No."

"How did she come then?"

"In a Hackney Coach."

"Did she never come on Foot?"

"Yes."

"How often did she come in the course of a Week, do you think?"

"About Three Times a Week, I think."

"Did she for the most part come in a Coach, or on Foot, or in the Cabriolet?"

"In the Cabriolet."

"Did she come often on Foot, or in a Hackney Coach, when she did not come in the Cabriolet?"

"She came in a Hackney Coach oftenest."

"When she came on Foot, did she use to knock, or was she let in without knocking?"

"She was let in without knocking."

"Who let her in?"

"Prince Swartzenburgh."

"When she came in a Hackney Coach, who let her in?"

"Prince Swartzenburgh opened the Door."

"When she came in the Cabriolet, who opened the Door?"

"The Prince Swartzenburgh."

"Had he a Key?"

"Yes."

"He opened it either by his own Key, or by going down Stairs to let her in?"

"Yes."

"Do you recollect at any Time the Lady coming when Prince Swartzenburgh was not at home?"

"Yes, I do."

"How did she get in then?"

"I opened it."

"She knocked on that Occasion?"

"Yes."

"Where did she go to?"

"Into the Prince's Sitting-room."

"Did she ask any Questions, or go straight up Stairs?"

"She asked no Questions."

"How long was it after you went into the Prince's Service that she knocked, was let in, and went up Stairs?"

"I suppose it was One or Two Months, to the best of my Knowledge."

"How long did those Visits continue in Harley Street?"

"All the Time that the Prince lived in Harley Street."

"Did you serve him 'till the 25th of March 1829?"

"Yes."

"How did the Lady leave the House; did she leave it by herself, or was she accompanied by any body?"

"Prince Swartzenburgh always went with the Lady."

"Did he leave the House at the Time she did?"

"Yes; he went out at the same Minute."

"They went out together?"

"Yes."

"You had a Sister at the Time in the habit of visiting you?"

"Yes."

"What was her Name?"

"Mary Lackemby."

"On those Occasions, when the Prince and the Lady went out of the House, did you and your Sister go any where after they had gone?"

"No."

"Did you ever go up Stairs?"

"Yes."

"Where did you go to?"

"Into the Prince's Bed-room."

"Did you do so every Day when they went out?"

"Yes."

"Are you to be understood, that on every Occasion when the Lady visited the Prince, and they afterwards left the House together, you went up into the Prince's Apartment?"

"Yes."

"What did you do?"

"I made the Bed."

"Had you made the Bed before that in the Morning?"

"Sometimes I had."

"In what Condition did you find the Bed on those Occasions, when it had been made up in the Morning, and when the Prince and the Lady had been there?"

"I found it very much tumbled."

"Could you judge whether any Persons had been within the Sheets?"

"Yes, I supposed so."

"What made you suppose so?"

"Because the Bed was not as I left it."

"Did the Bed exhibit Appearances as if Persons had been within the Sheets?"

"Yes."

"Was that always the Case, or did they appear sometimes to have been lying on the Bed, and not within the Sheets?"

"Not always."

"Did you go up sometimes and find the Bed not tumbled and put out of Order?"

"Yes, I did."

"Was that of rare Occurrence, or of frequent Occurrence?"

"It was of rare Occurrence."

"In general, it presented the Appearance of Persons having been lying upon it or in it?"

"Yes."

"Who was there in the House at that Time besides Prince Swartzenburgh?"

"I do not know."

"Was there any other Female besides yourself and your Sister?"

"No; my Sister was not in the House."

"She visited you at the Time?"

"Yes."

"There was no other Female besides yourself when this Lady visited the Prince?"

"No."

"Was any other Lady in the habit of visiting the Prince at that Time?"

"No."

"You remember the Prince living in Holles Street?"

"Yes."

"On which Side of the Way in Holles Street did you live?"

"On the Left-hand Side going from Cavendish Square."

"What Apartments did he occupy in Holles Street?"

"The same as in Harley Street; the First Floor."

"What Rooms were there?"

"A Sitting-room, Bed-room, and Dressing-room."

"Do you remember whether the same Lady visited him there?"

"Yes; but not so frequently as in Harley Street."

"At what Time of Day did she use to come in Holles Street?"

"Generally about Half past Two or Three o'Clock in the Day."

"Who let her in upon those Occasions?"

"The Prince Swartzenburgh, as before."

"Did she knock or ring, and you for the most part let her in?"

"No; to my Knowledge, I did not let her in in Holles Street at all."

"Was Prince Swartzenburgh in the habit of opening the Door to any body else except this Lady?"

"No, to no one."

"Was there a Back Door to the House in Holles Street?"

"Yes."

"Into what did it open?"

"Into a Mews."

"What were the Mews; were there Stables and Dunghills?"

"I believe so; but I have not been there much myself."

"Have you been in the Mews?"

"I was once there."

"Do you remember the Lady coming in at the Back Door?"

"Yes, I think I do, Twice."

"Do you remember what Time of the Year it was she came in at the Back Door; was it early after he went to Holles Street?"

"Yes; about Three Weeks after."

"Who came with her?"

"Prince Swartzenburgh."

"On both Occasions?"

"No."

"Could she have got in at the Back Door without coming up this Mews?"

"No."

"What did the Mews open into?"

"Into Oxford Street and Princes Street, to the best of my Knowledge."

"Do you recollect whether there was any Pavement in it or not?"

"There was a Pavement, I think."

"Was there any Foot Pavement?"

"No, not any Foot Pavement."

"How did the Lady use to go away in Holles Street?"

"The same as she did in Harley Street."

"Used your Sister to be visiting you in Holles Street the same as in Harley Street?"

"I think she did."

"Do you recollect whether you went up Stairs in Holles Street after the Lady had gone away, as you had done in Harley Street?"

"Yes, I did."

The Witness was directed to withdraw.

The Counsel were directed to withdraw.

The Counsel were again called in.

The Witness was again called in.

(By Mr. Adam.) "Did you examine the Bed after the Prince and the Lady had left Holles Street?"

"No."

"Did you ever go up into the Bed-room after the Lady and the Prince had left the House in Holles Street in the Way you have described?"

"Yes."

"Where have you gone to?"

"To the Bed-room."

"Did you ever look at the Bed?"

"No."

"Did you not look at the Bed to see whether it was discomposed?"

"Yes; I know it was discomposed."

"How did you know that?"

"I made the Bed."

"When you came up after the Prince and the Lady had been out of the Room, was it the same as it had been in the Morning after you made it?"

"No, it was not."

"What Appearance did it present after the Prince had left the Room?"

"As if some Persons had been in Bed."

Cross-examined.

"When did you observe the Lady first come to Harley Street; in what Part of the Year?"

"In July."

"In what Year?"

"Last Year."

"When did you first go to live with Prince Swartzenburgh?"

"In July."

"Of what Year?"

"The Year before last."

"How long after you had been living with Prince Swartzenburgh did this Lady come to the House?"

"I believe about a Fortnight after."

"You say she used to come on Foot, and in a Cabriolet, and in a Hackney Coach; how often do you suppose she used to come on Foot?"

"She came oftener in a Cabriolet than on Foot."

"Did she come in a Coach more than on Foot, do you think?"

"Yes, very probably."

"Are you sure of that?"

"No, I am not; I do not recollect."

"Did you always see this Lady go out?"

"Not always; I did not see her go out."

"In the Mews which is at the Back of Holles Street, have you been there sufficiently to be able to say whether any Persons live in the Mews?"

"I knew no Persons there."

"Have you ever seen Persons in the Mews?"

"No, not to know any one."

(By a Lord.) "You say the Lady never came to the Prince 'till about a Fortnight after you first lived with the Prince?"

"Not to my Knowledge."

"When did you first go into his Service?"

"In June 1828."

"You never saw her there 'till a Fortnight after that Period?"

"No, I did not."

"She might have come there before without your Knowledge?"

"Yes."

"She came oftener in the Cabriolet than on Foot?"

"Yes."

"She came Three Times a Week, you say?"

"Yes."

"She came sometimes in a Hackney Coach?"

"Yes."

"Prince Swartzenburgh always went away with her?"

"Yes."

"Did you see Prince Swartzenburgh go away with her always?"

"No, I did not see them; I heard them go."

"Did you ever see them go out of the House?"

"Yes."

"Can you speak from your Memory so positively that you are sure they went out of the House together?"

"Yes."

"You are quite sure that they went out of the House together?"

"Yes."

"Did you see them go down the Street together?"

"No; I do not know which Way they went."

"When this Lady came in the Cabriolet, did she come by herself, or did the Prince bring her?"

"The Prince brought her."

"When she came in the Hackney Coach, did she come alone?"

"Yes."

"When she came on Foot, did she come alone?"

"Yes."

"Did she wear a Veil?"

"Yes."

"Was it down?"

"Yes."

"Did she knock at the Door?"

"Yes."

"Did she ring as well as knock?"

"No; she knocked."

"Did Prince Swartzenburgh come down and let her in?"

"Yes."

"Was that the same at Holles Street?"

"Yes."

"When did Prince Swartzenburgh remove to Holles Street?"

"Lady Day 1829."

"Did those Visits go on in Harley Street up to that Period?"

"Yes."

"You say this Lady always knocked when she came; did you answer that Knock?"

"No."

"Who answered the Knock?"

"The Prince opened the Door himself."

"Did the Lady always knock, or only sometimes?"

"No always; only sometimes."

"When the Prince and this Lady went out, did you see them go out together yourself, or only hear them?"

"I only heard them."

The Witness was directed to withdraw.

Then James Elkington was called in; and having been sworn, was examined as follows:

(By Mr. Wigram.) "You live in the Service of Mr. Oswin?"

"Yes."

"Where does Mr. Oswin live?"

"72 in Harley Street."

"No. 72 is the Corner House, is it not?"

"Yes."

"One Side in Harley Street; into what Street does the other look?"

"Queen Anne Street."

"How long have you lived in the Service of Mr. Oswin?"

"Two Years and Three Quarters."

"You lived with him in this House in Harley Street in May 1828?"

"Yes."

"Did any of the Windows in that House look into Harley Street?"

"Into Queen Anne Street."

"Do any of the Windows of that House look into Harley Street?"

"The Parlour Windows and Hall Windows."

"Do any Windows look into Queen Anne Street?"

"The Hall Window."

"Did you ever observe a Phaeton stopping in Queen Anne Street?"

"Yes."

"What Description of Phaeton was it?"

"Drawn by Two Ponies."

"What Colour were those Ponies?"

"Black."

"What was the Colour of the Phaeton?"

"Green."

"By whom was the Phaeton driven?"

"By a Boy."

"Was it always driven by a Boy?"

"I cannot positively say."

"Was any body in it besides the Boy, when it was driven by the Boy?"

"Yes."

"Who was in it?"

"A Lady."

"Did the Phaeton stop in Queen Anne Street?"

"Yes."

"Was the Boy who drove it in Livery?"

"Yes."

"What was the Colour of his Livery?"

"Drab Colour, and Blue Collar."

"You said that the Phaeton stopped in Queen Anne Street?"

"Yes."

"Did the Lady get out of it on any Occasions?"

"Yes."

"Did you see where the Lady went on those Occasions?"

"Yes."

"Did the Phaeton often come there?"

"Yes."

"How long did the Phaeton wait which you saw there?"

"Sometimes Two or Three Hours."

"Did this happen often?"

"Yes."

"Did you ever watch to see where the Lady went?"

"Yes."

"Did you see where she went?"

"Yes."

"State where she went?"

"No. 73."

"Do you mean next Door to the House that you lived in?"

"Yes."

"You saw the Phaeton in Queen Anne Street?"

"Yes."

"From what Windows?"

"The Kitchen Windows."

"From what Windows did you see where she went?"

"The Hall Windows."

"You went from the Kitchen to the Hall to see?"

"Yes."

"This happened often when you went to see?"

"Yes."

"About what Time are you speaking of?"

"1828."

"In the Month of May 1828?"

"I cannot positively say."

"Was it the Beginning of 1828?"

"No."

"Was it the Winter of 1828?"

"Yes; about the latter End of Autumn."

"Did you ever see this happen earlier?"

"Yes; about the Middle of the Summer."

"Did you ever see this happen before the Middle of the Summer?"

"No."

"Do you know at what Time Prince Swartzenburgh left his Lodgings in Harley Street?"

"I do not."

"Have you since seen the Phaeton?"

"No, I have not."

"If you were to see the Boy who was in the Phaeton, should you know him?"

"Yes, I think I should."

Cross-examined.

"Did you see the Lady's Face, when you watched from the Hall Window?"

"Yes, perfectly, I did."

"From which Window did you see the Boy who drove the Phaeton?"

"The Kitchen Window."

"Were not the Kitchen Windows below the Level of the Street?"

"No; they were level with the Street."

"(By Mr. Wigram.) "Did the Lady wear a Veil, or not?"

"Yes."

"Look at the Boy immediately behind you (Carpenter;) is that the Boy you saw in the Phaeton?"

"Yes."

"Have you seen the Phaeton since the Time you spoke of?"

"Yes; I have seen it since."

"Where did you see it since?"

"I never saw it since Prince Swartzenburgh left."

"Have you ever been taken to a Coachmaker's to see any Carriage since?"

"I never have."

"(By Mr. Dampier.) "Did you take particular Notice of the Boy's Face who drove the Phaeton?"

"Yes."

"What made you take notice of it?"

"It was for no particular Reason."

"Have you ever seen that Boy since 'till now?"

"Not 'till now."

(By Mr. Wigram.) "Did you see him often?"

"Yes, very often."

"In Harley Street?"

"In Queen Anne Street."

"So often that you are quite sure he is the same?"

"Yes."

The Witness was directed to withdraw.

Then John Prior was called in; and having been sworn, was examined as follows:

"(By Mr. Adam.) "In the Year 1828, did you live at the Sign of the George in Queen Anne Street?"

"Yes."

"Did you live there in the Month of May, June and the Remainder of the Year 1828?"

"Yes."

"You were there in the Beginning of the Year 1829?"

"Yes."

"What was your Business; were you a Waiter, or a Boy serving the Beer?"

"I served the Beer."

"Did your Business take you much into Queen Anne Street?"

"Yes."

"Did you at any Time observe a Phaeton come there, and remain there any length of Time?"

"Yes."

"When did you first observe that?"

"About Two Years ago."

"What Time of Year?"

"In the Summer Part."

"What coloured Phaeton was it?"

"I cannot tell the Colour; but it was a dark Colour."

"By what was it drawn?"

"Two Black Ponies."

"Who used to drive it?"

"Sometimes a Lady, and sometimes a Boy."

"Where used it to stop for the most part?"

"Mostly in Wimpole Street."

"When the Carriage stopped, what did the Lady do; did she get out?"

"Yes."

"Did the Boy remain with the Carriage?"

"Yes."

"Used the Carriage to wait for the most part, or go away?"

"Wait."

"How long did it wait, generally speaking?"

"From One Hour to Two."

"At what Time of Day did it come in general?"

"About Three."

"What became of the Lady?"

"She used to go to No. 73, Harley Street."

"How did you know that?"

"By seeing her going there."

"Did you ever follow her, and see her go in?"

"No, I never took any particular Notice; but I have seen her go in."

"Have you seen her at any Time get out of the Phaeton, and go into the House No. 73, Harley Street?"

"Yes."

"How often did you see her do that?"

"I cannot say exactly, but I suppose once or twice in the course of a Week."

"Used she to come back to the Phaeton alone, or did any body accompany her?"

"Prince Swartzenburgh."

"How did you know it was Prince Swartzenburgh?"

"Because I had often seen him."

"Used you to go to the Prince's House with Beer?"

"Yes."

"Had you known him in consequence of this?"

"Yes."

"Are you sure it was Prince Swartzenburgh?"

"Yes."

"Should you know the Boy again who drove her?"

"Yes."

(By a Lord.) "Did you know the Lady?"

"Yes."

"How did you know the Lady; did you ever see her any where else except in the Phaeton?"

"Yes."

"Where?"

"At the Prince Esterhazy's."

"What took place at the Prince Esterhazy's when you saw the Lady?"

"I took some Porter."

"Where did you go with the Porter?"

"Into the Hall."

"Did the Lady come in at that Time?"

"Yes."

"Was she announced, or was any thing said as to her Name, at that Time?"

"Yes."

"What was it?"

"Lady Caroline-I think, Lady Caroline Ellenborough."

"Who announced the Name?"

"The Porter."

"Did she come alone?"

"Yes."

(By Mr. Adam.) "Did she come to Prince Esterhazy's in the same Phaeton you had seen waiting in Wimpole Street?"

"No; in the Carriage."

"Are you sure that the Lady that came to Prince Esterhazy's upon that Occasion was the same Lady you saw get out of the Phaeton and go into No. 73 in Harley Street?"

"Yes."

"Are you quite sure of that?"

"Yes."

"Were you in the Hall at the Time?"

"Yes."

"Was there a Knock at the Door?"

"Yes."

"Did the Servant announce her Name?"

"Yes."

"What was the Name?"

"I think, Lady Caroline Ellenborough."

"Are you sure that the Name was Ellenborough?"

"Yes."

"Did you hear the Prince's Porter announce the Name?"

"Yes."

"Was there any other Servant of Prince Esterhazy's in the Hall besides the Porter?"

"Yes."

"Did the Porter announce to the Prince's Servant who the Lady was who had called in her Carriage?"

"Yes."

"Did you hear the Porter announce the Name?"

"Yes."

"What was that Name?"

"Lady Caroline Ellenborough, I think."

"Are you sure that he said "Ellenborough"?"

"Yes."

"Was the Name announced as the Name of the Lady who got out of her Carriage and went into the House?

"Could you hear the Porter announce her Name?"

"I cannot say that."

"She went up Stairs?"

"Yes."

"After her Name had been announced?"

"Yes."

(By a Lord.) "Was this Visit to Prince Esterhazy's in the Morning, or at Night to a Party?"

"In the Evening."

"And was the Lady dressed in the same Way as she had been when she got out of her Phaeton in Queen Anne Street?"

"Sometimes."

"When she came in the Phaeton she had a Veil over her Face?"

"Yes."

"Had she a Veil over her Face when she went into Prince Esterhazy's?"

"Yes."

"Then you did not see her Face on either Occasion?"

"No."

(By Mr. Adam.) "Recollect yourself, and say whether it was in the Morning or in the Evening, in Daylight or after Dark, that you saw the Lady, who you say was Lady Caroline Ellenborough, call at Prince Esterhazy's?"

"Both in the Afternoon and Evening."

"Have you seen her call at Prince Esterhazy's more than once?"

"Yes."

"How often?"

"Half a Dozen Times."

"At Prince Esterhazy's?"

"Yes."

"On all those Occasions, did you hear her Name announced?"

"Yes."

"How often have you heard her Name announced?"

"Not more than once."

"What Livery did the Boy wear whom you saw in the Phaeton?"

"Drab turned up with Blue."

"What Sort of Lace about the Hat, if any?"

"I cannot say."

"Should you know the Boy again?"

"Yes."

"Look at the Lad behind you, and say whether he is the Lad?" (Carpenter.)

"Yes, he is."

"Have you the least Doubt it is he?"

"I am quite sure it is he."

(By a Lord.) "On the Occasion when this Lady was announced Lady Caroline Ellenborough, was it in the Evening or in the Day?"

"In the Evening."

"Were the Candles lighted?"

"Yes."

"Was the Lady dressed on that Occasion in the same Way as when she came in the Evening?"

"I cannot say."

"Had she a Veil on?"

"Yes."

"Had she a Veil on when she was announced as Lady Caroline Ellenborough?"

"Yes."

"Over her Face?"

"Yes."

"But you are sure it was the same Person?"

"Yes."

"Did you ever see her without a Veil?"

"No."

"Was it by Candle-light or Daylight?"

"By Candle-light."

"To call, or for an Evening Party?"

"For an Evening Party."

Cross-examined.

"Had this Lady a Veil when you saw her in the Phaeton?"

"Yes."

"Did you ever see her without a Veil?"

"Never."

"Was it a thick Veil?"

"I cannot say."

"Did you ever see her Face uncovered, without the Veil?"

"Yes."

"When?"

"I cannot say."

"Was that at Prince Esterhazy's, or at the Time she came with the Phaeton?"

"Both."

"You say you are sure that the Name announced was Ellenborough; are you not sure also that the Name announced was Caroline as well?"

"No."

"What made you say just now that Lady Caroline Ellenborough was announced?"

"I understood that was the Name the Porter spoke."

"Did you hear the Porter announce that?"

"Yes."

"Did you hear him announce that Name as plain as you did the other Name?"

"Of Ellenborough?"

"No; of Caroline?"

"No."

"Was any other Name except the Name of Ellenborough announced?"

"Yes; Caroline, as well as I can recollect."

"You are quite certain there was another Name besides that of Ellenborough?"

"Yes."

"Did you observe the Carriage in which this Lady came?"

"No."

"The Carriage in which she came to Prince Esterhazy's?"

"No."

"Did you observe the Livery of that Carriage?"

"No."

(By Mr. Adam.) "Have you seen the Carriage since at any Coachmaker's?"

"No."

The Witness was directed to withdraw.

Then William Carpenter was again called in, and further examined as follows:

(By Mr. Adam.) "Do you recollect at any Time taking Lady Ellenborough's Phaeton to the Countess St. Antonio's at Wimbledon?"

"Yes."

"What Time in the Year; was it Summer, or Winter?"

"In Summer."

"What Summer?"

"I cannot exactly say what Summer it was."

"Do you remember ever taking it there in the Winter Time?"

"I have been there once in the Daytime."

"Were you ever there in the Evening?"

"No; only once in the Evening."

"On the Day you took Lady Ellenborough's Phaeton to the Countess St. Antonio's in the Evening, had her Ladyship driven it into Town in the Morning?"

"Yes."

"Where did she drive it to?"

"To her Mother's."

"Did she get out at her Mother's?"

"Yes."

"What Orders did she give you?"

"To go back, and to meet her at the Countess St. Antonio's at Ten o'Clock in the Evening."

"Did you go to the Countess St. Antonio's at Ten o'Clock in the Evening?"

"Yes; I was there a little before Ten."

"Did her Ladyship come away from the Countess St. Antonio's, and get into the Phaeton?"

"Yes, just so."

"Did she drive herself that Night?"

"Yes, a little Way from the Door."

"How far?"

"About Halfway across Wimbledon Common."

"Do you mean Halfway to the Road by the Brick Wall?"

"Yes."

"Did she stop there?"

"Yes."

"Did any body else stop there?"

"Prince Swartzenburgh was there."

"What Carriage had he?"

"A close Carriage."

"What did Lady Ellenborough do?"

"She got into the Carriage with him."

"Did they drive off?"

"Yes, as far as the Green Man at Putney Heath."

"Was Lady Ellenborough residing at Roehampton then?"

"Yes."

"Did the Roads separate there?"

"Yes."

"What did Lady Ellenborough do then?"

"She got out of the Carriage into her Pony Chaise."

"How far did she ride in the close Carriage?"

"About a Mile and a Half."

Cross-examined.

"What Time of the Year was this?"

"I cannot exactly say."

"Was it in the Summer?"

"Yes, it was."

"Did you see the Person plainly who was in the Post Chaise?"

"Yes."

"When did you see him?"

"I saw him when he came from the Countess Antonio's."

"Did you see him when Lady Ellenborough got into the Carriage?"

"Yes."

(By Mr. Adam.) "Did you ever go to the Countess St. Antonio's but once with the Phaeton?"

"No; I do not recollect more than once."

"Who drove the Prince's Chaise?"

"It was a Postboy."

"What was his Name?"

"I cannot say."

"Should you know him if you saw him?"

"No, I do not know that I should."

"Did you see Prince Swartzenburgh there?"

"Yes."

"What Time of the Year was this; was it in the Summer or Winter?"

"It was in the Summer."

The Witness was directed to withdraw.

Then William Wheel was again called in, and further examined as follows:

(By Mr. Adam.) "Do you remember, at any Time in the Year 1828, driving Prince Swartzenburgh from his House in Harley Street to the Countess St. Antonio's at Wimbledon?"

"Yes."

"Did any body go with him?"

"Yes."

"Who?"

"Lady Ellenborough."

"To Countess St. Antonio's?"

"No."

"About how far?"

"About Fifty Yards before we got to the Countess St. Antonio's Gates."

"Did the Prince get out?"

"No."

"What became of him?"

"He stopped in the Chaise."

"Did you drive up with the Prince to London?"

"Yes."

"What became of Lady Ellenborough?"

"I do not know."

"She got to within the Distance you have mentioned of the Countess of St. Antonio's, and then got out?"

"Yes."

"Where did you take up Lady Ellenborough?"

"At No. 73, Harley Street."

"Did you drive Prince Swartzenburgh and Lady Ellenborough, from 73 in Harley Street to the Countess St. Antonio's?"

"Not quite to the House."

"Did you ever do that on more Occasions than One?"

"No."

"Do you remember the Time of the Year this was?"

"No, I do not."

"Do you recollect Prince Swartzenburgh going away that Evening from the House?"

"Not 'till I took him away."

"When did he get into his Chaise?"

"At the Countess St. Antonio's; the Servant let him in."

"How far did you drive before you stopped?"

"I drove from the Countess St. Antonio's to Putney Heath-to the Green Man."

"Before you stopped the first Time?"

"I never stopped 'till I got to Putney Heath."

"Did any body get in?"

"Lady Ellenborough got in at the Countess St. Antonio's."

"How far from the Countess St. Antonio's House?"

"She got in off the Step of the Door."

"Into what?"

"Into the Chaise."

"Into the Prince's Chaise?"

"Yes; the Prince wished her to go into his Chaise, because the Air was so cold on the Heath."

"What Time in the Year was it that the Air was so cold?"

"I do not know exactly what Time it was; it was the Night-time; it was Eleven o'Clock."

"Was it a dark Night?"

"It was."

"Was it Moonlight?"

"I cannot say."

"Where did my Lady get out?"

"At the Green Man at Putney Heath."

"The Prince did not take her out of the Phaeton, did he?"

"He did; he got out, and handed her out."

"In spite of the Coldness, she got out of the Prince's Carriage, and drove off?"

"I do not know where she went."

"Do you know how far Lord Ellenborough's House is from the Green Man?"

"I should think about a Mile and a Half."

Cross-examined.

"Did not the Chaise go one Way, and Lady Ellenborough's Carriage the other, on this Occasion?"

"Yes."

"How do you know it was Lady Ellenborough you took from No. 73, Harley Street?"

"I did not know it 'till she came out from the Countess St. Antonio's."

"How did you know it then?"

"Because I heard the Name mentioned."

"Was that the only Reason that you knew it was Lady Ellenborough?"

"No. The Boy asked me whether I brought Lady Ellenborough there or not. I told him I did not. He asked me whether I brought any Lady at all; and I did not resolve him then. After I found he had brought Lady Ellenborough up there, and that he was waiting for her, I told him that I did bring her down."

"Is the only Reason that you knew that she was Lady Ellenborough, because she was called so?"

"That is the only Reason, and the Boy was there who came to fetch Lady Ellenborough."

(By Mr. Adam.) "You say that the Boy asked you if you had brought a Lady down, and you did not resolve him?"

"I did not."

"Afterwards, what did you say?"

"After he told me that he took his Mistress up into Town, I told him I did bring the Lady down."

"What did he say to that?"

"He did not say any thing at all."

"Did he say who his Mistress was?"

"Lady Ellenborough."

"Did the Boy tell you that his Mistress was Lady Ellenborough?"

"Yes."

(By a Lord.) "Did the Lady get into the Chaise from the Steps of the Countess St. Antonio's Door?"

"Yes."

"You are sure of that?"

"Yes."

"You are sure that the Lady you brought down was the Lady who got into the Carriage from the Steps?"

"Yes, to the best of my Recollection."

"You are not quite certain?"

"I did not say that I was quite certain; but I was certain when I let her out on the Common."

"You say you know this was Lady Ellenborough; how did you know it?"

"Because the Boy told me he had taken Lady Ellenborough up to Harley Street, and asked me whether I brought her down, and I did not exactly resolve him then; but when he told me he had taken her up, and that he was waiting for her, then I did resolve him."

"That convinced you that it was Lady Ellenborough?"

"Yes."

The Witness was directed to withdraw.

Then William Carpenter was again called in, and further examined as follows:

(By Mr. Wigram.) "On the Night you went with Lady Ellenborough's Phaeton to Countess St. Antonio's, and she came back in the Way you have described, had you any Conversation with the Postboy about whether he had driven from London?"

"Yes."

"Did you tell him whom you had taken up in the Morning to Town?"

"I cannot exactly recollect."

"What Conversation had you with him?"

"I asked him whether he had brought Lady Ellenborough to dine there."

"What Answer did he give?"

"I cannot exactly say; to the best of my Recollection, I think he said, Yes, he had."

"Did you tell him on this Occasion that you had taken Lady Ellenborough up to Town that Morning, or that she had driven herself up that Morning?"

"I cannot be quite certain; I may have said so."

"Was not Lady Ellenborough taken up that Morning?"

"Yes."

"Was it Lady Ellenborough who came away from Countess St. Antonio's, got into the Carriage with Prince Swartzenburgh, and went on to the Green Man?"

"Yes."

(By a Lord.) "Your Mistress and you got into her own Chaise together, and drove Fifty Yards?"

"I will not say how many Yards.

"She drove some little Distance?"

"Yes."

"In the Morning she had driven up to Admiral Digby's, had not she?"

"Yes."

The Witness was directed to withdraw.

Then The Honorable Spencer Law was again called in, and further examined as follows:

(By Mr. Adam.) "Are you acquainted with Lady Ellenborough's Handwriting?"

"I am."

"Look at that Letter, (a Letter being shewn to the Witness,) and tell me whose Handwriting you believe it to be?"

"I believe it to be Lady Ellenborough's Handwriting."

"Look at that Letter, (another Letter being shewn to the Witness,) and tell me whose Handwriting you believe that to be?"

"I believe that also to be Lady Ellenborough's Handwriting."

The Witness was directed to withdraw.

Then Thomas Wright Nelson was called in; and having been sworn, was examined as follows:

(By Mr. Adam.) "Look at these Papers, and tell me whether they are Copies of the Two Letters you hold in your Hand, and whether they are exact Copies?"

"I examined them myself; they are exact Copies."

The Witness was directed to withdraw.

The Letters were delivered in, and read as follow:

"R-Saturday Night."

"Forgive me, if I do wrong in writing to you. A Note just received from L^y Anson seems to imply that you have expected it. I had begun a Letter to you this Morning, thanking you from the Bottom of my Soul for your unbounded Kindness in Act and Manner: it was far more than I deserved, and I am deeply grateful. I again renew all the Assurances I gave you last Night, that in Act I am innocent. I hardly know what or how to write to you. I dar'n't use the Language of Affection; you would think it Hypocrisy. But though my Family naturally wish all should be again as it once was between us, those Feelings of Honour which I still retain towards you make me still acquiesce in your Decision. I continue to think it just and right. I have not been able to speak to them on the Subject I confessed to you last Night. I have spoken little To-day, but have never for an Instant swerved from my own original Opinion. I write this to you, if it is possible, for you to keep what I have said from them. Do, as they would only set it down as another Proof of Unkindness on my Part. Could you write me a Line through Henry, were it only to tell me your Opinion, be assured I should think it right. But oh! Edward, dear, dear Edward! ought not Time, Solitude, and Change of Scene to be tried by me to conquer or obliterate Sentiments so inimical to our mutual Peace? Pray write to me all you think upon the Subject-all you wish me to do. I will now answer you candidly, and without a Shade of Deception.

"God bless you, dearest Edward,

"Janet."

"If my Aunt has misunderstood any Expression, and you did not expect or wish to hear from me personally, forgive me; although I longed to tell you how gratefully I feel towards you, yet I confess I should never have ventured to write."

"Ever yours."

(Envelope superscribed)

"The Lord Ellenborough, &c. &c. &c.Connaught Place."

"My dearest Edward,

"I know you will believe me, when I say I feel myself utterly unequal to writing to you To-day. I cannot thank you for your Kindnesses; but intreat you will not think of making me such an Allowance; indeed it is more than I can possibly want. I will send back the Green Box To-morrow Morning."

"Ever, ever yours,

(Superscribed)

"Janet."

"The Lord Ellenborough."

Mr. Adam stated, "That he had closed the Case of the Petitioner."

Mr. Dampier was heard on behalf of Lady Ellenborough.

The Counsel were directed to withdraw.

Then the said Bill was read a Second Time.

Ordered, That the said Bill be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill Tomorrow.

Labourers Wages, Petition from Lower Cobridge, &c. respecting.

Upon reading the Petition of the Inhabitants of Lower Cobridge, Hanley, Shelton, Etruria, Stoke Fenton, Lane Delph and Lane-End, in the Parish of Stoke upon Trent, and in the County of Stafford, whose Names are thereunto subscribed; praying their Lordships "to take into their speedy Consideration the Oppressions which are inflicted upon the Working Classes, and which operate to the manifest Injury of all Ranks and Divisions of the Community, through the iniquitous System of paying Wages in Goods instead of Money; and to devise such Remedy as to their Lordships Wisdom may seem fit:"

It is Ordered, That the said Petition do lie on the Table.

East India, &c. Trade, Petitions from Bradford & Dysart for

Upon reading the Petition of the Bankers, Merchants, Manufacturers and others interested in the Town and Trade of Bradford, in the County of York, whose Names are thereunto subscribed; praying, "That their Lordships

throwing open, referred to East India Com ee.

will take such Steps as in their Wisdom may appear necessary to secure to the Subjects of these Realms the Right of uninterrupted Commerce with all Places to the Eastward of the Cape of Good Hope, as well as the Right of residing in such Parts of the East Indies as may, in the Opinion of their Lordships, be found expedient:"

It is Ordered, That the said Petition do lie on the Table.

Ordered, That the said Petition be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Upon reading the Petition of the Magistrates and Town Council of the Royal Burgh of Dysart, under their Common Seal; praying their Lordships "to refuse any Application for the Renewal of a Charter to The East India Company by which they may be empowered to prohibit the free Intercourse of British Trade with any of the Countries lying to the East of the Cape of Good Hope:"

It is Ordered, That the said Petition do lie on the Table.

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

Fish Bounty, Petition from Cromarty for Continuation of.

Upon reading the Petition of the Magistrates and other Individuals interested in the curing of Herrings in the Town of Cromarty, whose Names are thereunto subscribed; praying their Lordships, "That the Bounty of Two Shillings per Barrel may be continued on all Herrings cured according to the Regulations of the Fishery Board:"

It is Ordered, That the said Petition do lie on the Table.

East India, &c. Trade, Petition of Philosophical, &c. Society of Bradford for opening, & for Repeal of Malt & Beer Duties, referred to East India Com ee.

Upon reading the Petition of the Members of the Philosophical, Chemical and Mechanical Society held at the King's Arms Inn in Bradford, in the West Riding of the County of York, whose Names are thereunto subscribed; praying, "That their Lordships will not, at the Expiration of The East India Company's present Charter, further prolong the exclusive and injurious Privileges of that Company, but that they will extend to all His Majesty's Subjects full and free Liberty of trading with the immense and populous Countries of the East, and of settling and holding Lands in all the British Eastern Dependencies; and that their Lordships will abolish the Duties on Malt, Ale and Beer:"

It is Ordered, That the said Petition do lie on the Table.

Ordered, That the said Petition be referred to the Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Distress of the Country, Petition from Kingsclere respecting.

Upon reading the Petition of the Owners and Occupiers of Lands and others, Inhabitants of the several Parishes within the Division of Kingsclere, in the County of Southampton, whose Names are thereunto subscribed; praying their Lordships "to take the deplorable State of the Nation into their most earnest and most immediate Consideration, and, laying aside all Prejudice or preconceived Opinions, to enquire into all the Causes of those unprecedented Difficulties which threaten, if no speedy Remedy be found, to overwhelm the Poor, the Middle Classes and the Affluent, in one common Ruin; and the Petitioners trust that their Lordships will revise any Errors of Policy which may have been committed, and apply such Remedies as will be effectual to remove the Sufferings of which they strongly but justly complain, which have deprived them of the Relief that a long Continuance of Peace ought to have afforded, and have made Peace itself more distressful and calamitous than the longest and most burdensome War:"

It is Ordered, That the said Petition do lie on the Table.

Agricultural Distress, Petition from Warwick respecting, & for Repeal of Malt & Beer Duties.

Upon reading the Petition of the Gentry, Clergy, Yeomanry and Tradesmen of the Borough of Warwick and its Neighbourhood, whose Names are thereunto subscribed; praying, "That their Lordships will be pleased to take into Consideration the general Distress which prevails amongst the Agriculturists of this Kingdom, which has brought many of the Labouring Poor into a State of deplorable Suffering from the total Inability of the Farmer to employ them; and that their Lordships will please to repeal the Taxes on Malt and Beer, which would most materially benefit them, and enable the Labouring Class to brew their own Beer, and obtain for their Families a Participation in the Enjoyment of that wholesome Beverage:"

It is Ordered, That the said Petition do lie on the Table.

Ld. Provost of Edinburgh et al. v. Bruce et al. Respondents Petition to receive their Case, referred to Appeal Com ee.

Upon reading the Petition of William Bruce and others, Respondents in a Cause depending in this House, to which The Lord Provost of the City of Edinburgh, and others, are Appellants; praying their Lordships, "That their printed Case may be oow received:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

East India Com ee, Petition from Plymouth for opening the East India, &c. Trade, referred to.

Ordered, That the Petition of the Merchants, Bankers, Ship Owners and Traders of the Port of Plymouth, whose Names are thereunto subscribed; praying their Lordships, "That a Committee of this House may be appointed forthwith, to enquire into the present State of the Trade with China and other Eastern Countries, with the view to the Admission of British Subjects generally to a Participation of the Commerce of the Eastern Part of the World; and that their Lordships will not allow the Period to elapse which is by Law required to give Notice for the Termination of the existing Charter of The East India Company," presented to the House on Friday last, be referred to the Select Committee appointed to enquire into the present State of the Affairs of The East India Company, and into the Trade between Great Britain, the East Indies and China.

Market Harborough Roads Bill.

Hodie 2 a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Roads from Market Harborough to Loughborough, and from Filling Gate to the Melton Mowbray Turnpike Road, in the County of Leicester."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them, to meet on Thursday next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Wendover Road Bill.

Hodie 2 a vice lecta est Billa, intituled, "An Act for more effectually repairing and improving the Road from Wendover to the Town of Buckingham, in the County of Buckingham."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Thirsk Roads Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for repairing certain Turnpike Roads leading to and from Thirsk, in the County of York."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

21st Report of Com rs of Revenue Inquiry delivered.

The House being informed, "That Mr. Charles Crafer, from the Treasury, attended;"

He was called in; and delivered at the Bar, pursuant to an Address to His Majesty of Tuesday last,

"The Twenty-first Report of the Commissioners appointed by the Acts of the 1st and 2d George 4th, Cap. 90, and 3d George 4th, Cap.37, and continued by Commission under the Great Seal, for the Purpose of inquiring into the Collection and Management of the Public Revenue arising in Ireland, and into certain Departments of the Public Revenue arising in Great Britain."

And then he withdrew.

And the Title thereof being read by the Clerk;

Ordered, That the said Report do lie on the Table.

Ordered, That the said Report be printed.

Wheat, Accounts respecting, delivered.

The House being informed, "That Mr. Joyce, from the Board of Trade, attended;"

He was called in; and delivered at the Bar, pursuant to Orders of the 4th and 5th Days of this instant March,

"An Account of the Weekly Aggregate Average Price of Wheat, from the First Week in October 1828 to the Second Week in February 1829; and also, the same Return, from the First Week in October 1829 to the Second Week in February 1830:"

And also, "A Return of the Average Price of Wheat at Liverpool and Manchester in each Week, from the 15th July 1828 to the latest Period to which the same can be made out."

And then he withdrew.

And the Titles thereof being read by the Clerk; Ordered, That the said Accounts do lie on the Table. Ordered, That the said Accounts be printed.

2d Report of Com rs on the Common Law, Address for.

Ordered, That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House, "A Copy of the Second Report of the Commissioners appointed by His Majesty for the Purpose of enquiring into the Proceedings in Suits in the Superior Courts of Common Law, and the Process, Practice, and Pleading therein, and other Matters connected therewith."

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum diem instantis Martii, horâ decimâ Auroræ, Dominis sic decernentibus.