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July 311852.] THELEADER. 719
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Mr. Macaulay: Can't I ask the witness wh...
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Mr. Macaulay submitted that the declarat...
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ANOTHER DOCUMENT ON THE BARONESS VON BEC...
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Transcript
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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The Baroness Von Beck Scandal. Constant ...
, Baron Alderson : What was the accusation against him ? Witness : He was accused of obtaining money upon false pretences , and it was usual to search all prisoners . Baron Alderson : It ought not to be usual to search all prisoners . If a person is accused of felony , you would search him in order to see if the stolen property is upon the prisoner at the time . If a person is accused of high treason you would not expect to find the treason in his pocket . Witness : Accidents have occurred in consequence of
not searching prisoners . Baron . Alderson : Such a course is quite right when you suppose a prisoner is about to poison himself ; but was there anything in this case to lead you to expect that the p laintiff would act in this manner . A prisoner ought not to be searched on every occasion : it is an indignity . Mr . Derra de Moroda was called , and testified to the truth of the account given by Mr . Sergeant Miller . He mentioned the proposals for the publication of the Baro ness ' s new book , which were printed by Mr . Gilpin , and which were here put in and read . It is stated in this document that the work will contain the " Reminiscences of the residence of the Baroness at the court of Vienna during the reigns of the last three em peror s . " The depositions taken before the magistrate on the occasion of the arrest were then about to be read , when Mr . Baron Alderson requested that the information and warrant should be first read . He wanted to learn the exact nature of the charge made against- the p laint iff , and this could not be learned from the depositions . He also wanted to know who was the person making the charge , for it w as h e who was liable , and not the persons who might give evidence . Mr . Gem , clerk to the magistrates of Birmingham , stated that the depositions put in were those upon which the warrant for the apprehension of the plaintiff was issued . t ?—Witness I
Baron Alderson : "Where is the warran : did not see the warrant—it was filled up by another clerk . Baron Alderson : This is an extraordinary case . The witnesses cannot surely be held responsible for the accusation because they had given evidence in support of the charge . The declaration of the plaintiff set forth that the defendant came and appeared before the magistrates , and there maliciously , and without reason and probable cause , charged this person with having unlawfull y obtained 11 . 5 s ., the money of the defendants , by means of certain false pretences . Where were the depositions or the warrant which stated who were the defendants ? Mr . Gem stated that the magistrate was dead . He could not recollect who was the prosecutor in the case . The charge was stated verbally , and was not at that moment reduced to writing . Baron Alderson asked how he was to know t hat the plaintiff had been arrested on a warrant . He had no warrant before him . Mr . Miller : Who appeared to conduct the prosecution ? —Witness : A gentleman present stated that he appeared on behalf of the four persons present , who had made the depositions . Baron Alder 3 on : These courts at Birmingham certainly appear to require considerable reform . A prisoner is brought before them , and no one can learn who is the accuser . state
Mr . Miller : Did the gentleman who appeared who he appeared in behalf of?—Witness : He stated that he appeared on behalf of Mr . Dawson , one of the gentlemen from whom money had been obtained . At length it was decided to receive the depositions quantum valeat . They were made by Mr . Tyndall , Mr . Dawson , Mr . Peyton , and Mr . llylund . The only statements in them justifying the arrest of the Baroness and of Derra do Moroda wore—that of Mr . Dawson ; that upon conversing with her he found sho could not speak French , which greatly surprised him , as she professed to have becu brought up in the court of Vienna : ho believed that sho was not the Baroness Von Beck— -that of Mr . Hajnik—and that of Mr . Ryland , who stated that , from inquiries ho had made , he verily believed that the person calling herself Baroness Von Beck , was not tho person she hud represented herself to be , as appeared by the depositions of llichard I ' eyton , the younger , George _Dawson , and Henry Witton Tyndall . Baron Aldorson said , " this was a most extraordinary deposition for a magistrate to take . It was simply an oath of credulity . "
Dorru de Moroda stated , on cross-examination , that tho Baroness could not speak much French . Most Indies in Hungary could npeiik French . She had told him that she had resided , during tho reign of three _umporors , at tho court of Vienna . He had eome to England to see tho _Inhibition of 1851 . He was ut this time staying solely on account of this affair . Me did not know the Baron Von Beck , nor any one who was acquainted with him . Mr . Maeaulay was proceeding , in liitt _eroMM-exaiainat . ion <> t t . ho plaintiff , to ask him as to the _Ciiots depotiod against _Hgainsl , him by Mr . Jlajaik _, when Tho learned J udgo said : I can't receive this evidence . Mr . Macaulay : Then I very respectfully tender it , my Lord . Tho learned Judge : I have no doubt you do . ( A laugh . ) I receive your tender , but not your _oyidoneo . _^ Laughter . )
July 311852.] Theleader. 719
July 311852 . ] THELEADER . 719
Mr. Macaulay: Can't I Ask The Witness Wh...
Mr . Macaulay : Can't I ask the witness what Hajnik said in his presence ? The learned Judge : No . The practice of the policecourt at Birmingham was not only irregular but quite disgraceful . The learned Baron then left the court to consult with Mr . Justice Coleridge , and , on his return , said that his learned brother agreed with him that the evidence could not be received . At the same time , the whole proceedings before the magistrates connected with the depositions and the information were of tho most disgraceful and irregular character , and Mr . Justice Coleridge agreed with him in this opinion .
Mr . Hajnik ' s deposition , on which the whole case against the Baroness rested , was as follows : — " I am a Magyar noble , and member for the county of Weitzen , in the Hungarian Diet . I filled the office of Chief of Police for the United Kingdom of Hungary and Transylvania . The duties of that office were to superintend the safety of the country and of all prisoners of war . My office under King Ferdinand ceased on the 1 st of January , 1849 . I was at that time at _Pesth . The members of the Government left Pesth for Debreczin in the latter end of December . I was left at Pesth with _Csanyi , an officer under Government , and the ' government of the country _<^ as in our hands . He and I were together during and after the Government had left Pesth , from earliest morning till latest evening , and Csanyi had not any interview with any person calling herself or being the Baroness von Beck . 1 am personally acquainted with Louis Kossuth , the Governor of Hungary , and have been some years ; and my official duties brought us frequently together , and in communication with him every day . During the months from January to June , 1849 , I was in . daily communication with Kossuth . I was appointed to my office in April , 1849 . One part of my duty was to grant passports . I remember a person at Pesth commonly known as Eacidula . I saw her twice in the ante-chamber of Kossuth . I saw the same woman on the 29 th of August inst . at the house of Mr . Henry Tyndall . I never saw her in Kossuth ' s private room ; she was never in Kossuth ' s intimacy . I must have known it had she been so . When I saw her in the ante-chamber she was with another woman , who was the principal spy , and Hacidula was a paid spy , in a subordinate situation . When I saw her in Kossuth ' s ante-chamber he said to me in her presence , ' Give to these two persons a passport ; they will go with you to your bureau . ' They did so ; I gave them passports in a feigned name . I have never heard Eacidula spoken of as the Baroness von Beck . I know the members of a noble family named Beck in Hungary . She does not belong to that family . I know Generals Klapka and Vetter . Klapka is in Paris . " statedthat he had not the
De Moroda further , slightest doubt that the Baroness was everything which she professed to be .. Mr . Gem was then re-examined , and said , he was present when Mr . Hajnik was examined . His statement was taken down , but not signed , on account of the charge not being pressed . Xavier Gosrki , who said he had been a first lieutenant in the Polish legion of the Hungarian army , knew the Baroness von Beck at Diebretzen and at Pesth in 1849 . She was then generally called by that name . Tho mother and sister of Kossuth had spoken of a Baroness Von Beck . He had seen her in London and at Birmingham . He had never seen her husband . Charles Anthony Noedl said , that in October , 1848 , he had introduced a lady , calling herself the Baroness von Beck , to Csanyi , who was the Commissary of the Hungarian Government for the Upper Danube , at tho village of Parendorfl _" . Tho Commissary said " God bless you , my dear Baroness . " She was always addressed as the Baroness von Beck . He had seen her at her lodgings in Dean-street . Ho had never heard her called " liacidula" in Hungary . tenant in tho
Daniel Kaszony i said , I was a lieu Hungarian army . I became acquainted with the Baroness at the time when she called en Csanyi . Ho did not know her . Sho came from Vienna to speak with him about secret nHairs . Ho sent her to General _Gorgey , who was at , _Prosburg at tho time . I afterwards said it wan very desirable to send some one to Pesth to look at tho Austrian army , and he said they had a very clever lady culled Haroness von Heck . That was in January , 1840 . 1 know sho received about 320 / . at Hamburg . I wrote out a receipt , and sho signed it Baroness von Heck . He admitted , that when lie first saw her in _Presburg she ( railed herself " ltaeidula , " and he had sometimes mentioned her by that name in London . But when she passed by that name it was in order to cross the frontiers . of the le
Mr . Michael _Angelo Garvoy , Inner Temp , stated , that ho had been _engaged to translate the second work of the _IluronesH von Heck . Ho had received the manuscript of tho first two volumes . The Itev . William Win _^ iite ( who was one of the missionaries expelled from _Hungary by the Austrian Government ) _stated , that he had resided in Hungary for soino years . He was acquainted with the father and mother of Derra do Moroda . The father is one of the most distinguished citizens of _Pesth . Mr . _Winguto hud brought money and letters to CuiiHtant Dona from his parents . This was tho pliuutiifM case .
Mr. Macaulay Submitted That The Declarat...
Mr . Macaulay submitted that the declaration had not been proved . Mr . Baron Alderson ( to Mr . Sergeant Miller ) : Who do you say you have proved against P Mr . Sergeant Miller : Against three of the parties whose handwritings were proved—Mr . T yndall , Mr . Dawson , and Mr . Ityland . He had shown the part taken by Mr . Tyndall in authorising the arrest of the parties . Mr . Baron Alderson : All Mr . Tyndall did was to tell the plaintiff that a gentleman was at the door waiting for him , and he seemed to have conducted him out very politely . How can you distinguish as between the parties who gave evidence and the parties who gave the charge ? Mr . Sergeant Miller : The plaintiff was arrested in consequence of information laid before the magistrates . Baron Alderson said , that Mr . Tyndall had said nothing in his examination of the 11 . 4 s . The present inquiry was into a proposition of this sort . That somebody or other did upon a certain day appear before James James , Esq ., and falsely and maliciously , and without probable cause , charge the plaintiff and the Baroness von Beck in the warrant described ( which we have not here ) with having unlawfully obtained 11 . 4 s . from George Dawson , and that on that charge , without any reasonable cause , they caused him ( the said James James ) to grant the said warrant . No warrant was issued c ontaining the charge upon which the party was detained . Mr . Tyndall did not say a syllable about obtaining the money under false pretences , though Mr . Dawson had done so . The Baron continued : —
All that Mr . Ryland appears to have done was to make oath that he verily believes that the person calling herself Madame Von Beck is not Madame Von Beck ; but that has nothing to do with obtaining money under false pretences ? How do you put that ? Mr . Sergeant Miller : The way in which I put it is this Mr . Baron Alderson : I see no charge at all proved against me . Mr . Sergeant Miller : Mr . Dawson goes before the magistrate to make a certain charge Mr . Baron Alderson : —A certain affidavit or deposition . There is some evidence against Mr . Dawson . Sergeant Miller contended , that , supposing there to be a case against Mr . Dawson , there was evidence to show that the other defendants , by lodging their informations against the plaintiff , had procured the arrest . Baron Alderson said , according to that view every witness would be a party . There clearly no evidence against Mr . Peyton . The judge eventually decided that there was not sufficient evidence to go to the jury . The whole action rested up on the assumption , that the defendants had , upon a false and malicious statement procured the warrant . There was no evidence even that the warrant was procured . The plaintiff was accordingly non-suited . It is to be observed , that the unlooked for result of the trial precluded any evidence for the defence—an important fact , which the journals who abuse the defendants should take into account .
Another Document On The Baroness Von Bec...
ANOTHER DOCUMENT ON THE BARONESS VON BECK SCANDAL . The subjoined letter , written and signed by a former secretary to Lord Dudley Stuart , was placed in our hands by Mr . Bentley now many weeks since . From extreme pressure upon our space , its insertion has been unavoidably deferred from week to week . Meanwhile , it has appeared in the columns of one or more of our contemporaries . But we think it well to place it on record a litre de document , especially as the whole unfortunate business is now in the course of further , and , wo trust , final investigation . In this , as in all cases , the Leader only seeks the truth , without respect to persons . London , 17 th May , 18 ( 12 .
Dkab Mb . Bkntt / ky _, —T earnestly request , you to give publicity , through the press , to the accompanying _utatement , which will certainly lie welcome to the friends of truth ; and L deoply regret that my absence from England for a considerable period should have prevented me from _giving this information at an earlier time , when it might have proved more serviceable in vindicating the character of tho persecuted Baroness Von Beck . Yours very truly , ( Signed ) _Wiluam Backiiaijh . Formerly Secretary to Lord I ) . Sluarl . One morning in April , 1850 , whilnt I wuk secretary to Lord Dudley Stuart , a lady , about forty years of ago , entered my oflice . She was becoming ly dressed , and the front of her dark shawl was fastened with a largo brooch containing a portrait of KohhuUi . Her countenance wum pale , and her eyes and other features wore an _oxproHnion of dee }) and silent mental miH _' _cring . I had never seen Mum Judy before , and asked her name and _ixiHinoHS . She Hank upon a neat , in a slate of exhaustion , and mud , " Can you tell me how _inattorH go with KoHmil . hr " 1 answered , that tho latent , private _uilelhgunco _represented him iih very ill . Hhe immediately took the portrait of KohhuUi from her broaHt , _proved it , to her \\\ w , and began to weep aloud . It wltH an exceedingly touching Hi _^ , and 1 lolt tho _tcoru conio into my own _eyos whilot . _wituouoing it .
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Citation
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Leader (1850-1860), July 31, 1852, page 3, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/cld_31071852/page/3/
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