Star. — London, England, 1809-12-12 00:00:00

...:., -..; •• . , ('‘. ( , ) ‘‘..:. N r, i • 2• , c`N....-1 rr?- - • 4 ali• # l 4 j 4 1 i• /4 , I k 1 1l • • t . 411 k on N 6 I • I *": 1 , • t / c, • k s h. ; . • ... ••7' •-• =r~ - C , „:"A • • 1 r;•,s- , ); L ` '" '1 • oil( 3 4 . . • ; • ~''. ia►; TUESDAY, DECEMBER 12, 1809 ~ n - 0001 PRICE SIXPLNCE-HALFPENNY. 1. All ITV TELLIGENCE. COURT OF KING'S BENCH, DEC. 11. Before Lord ELLENSOkOrGit and a Special Jury. filE KING V. WRIGHT AND OTHEIts. The following arc the Juror's names in the trial of this indictment: Charles Rich, Esq. William Horton, Esq. 111a:t hew Moody, Esq. George Ramie!, Es q . Henry Chsrrington, Esq. Ralph Vinton, Esq. John Marshall, Esq. John Jackson, Esq. Thomas Lon g bottom, Esq. dailies Poole, Es q . Vlllism Palmer, Esq. Robert Dover, Esq. M r . AnaanN opened the pleadings of this indict .;..at, which he stated to have been filed against i rands Wright, Mary Ann Clarke, and Daniel Wright. It alledged that the defendant, Francis Wright, having sold to the defendant, Mary Ann !lecke, certain articles of furniture, for the house in 'a-es:bourne-place of the said Mary Ann Clarke, the defendants, conspiring to injure and defraud Gwil !ym Lloyd Wardle, Esq. had pretended that the said articles of furniture were so delivered to the saidiMary I Ann Clarke by order of the said G. L. Wardle ; that i a pursuance of the said conspiracy, the said Francis Wright brought an action against the said G. L. I Wardle, for payment of the said articles of furniture, and that the said Mary Ann Clarke and the defen- Jan: Daniel Wright, did personally appear at the trial of the said action, and testify, as the indictment .et out, to the efil'et that the said G. L. Wardle had promised to furnish the said articles of furniture to the said Mary Ann Clarke, by means whereof a ver dict had.been obtained against the said G. L. War- Alio for a large sum of money. The Defendants had pleaded not guilty, and that was the issue the Jury had to try. Mr. Aeery said, that it now became his duty to st ite to the Jury the circumstances of this most impor !int cause ; and i k could say without affectation that it ve; accident purely that threw that task into such weak !eked , . Mr. Serjeant Best was to have performed it ; lel Lis (Mr. Alley's) duty, though lie had always been retained in the present indictment, would have baen only secondary to that Learned Serjeant's.— o w i eg to some very extraordinary circumstances, liewever, it was necessary for the Serjeant to be era maned this day as a witness—and it was thought in censistent with the honour and dignity of the bar, that any one of its members should be found corn renting upon Evidence as an advocate, which he himself had just given as a witness. " But, Gentle man," said Mr. Alley, " bumble as 1 am, and little known to the world, I trust I shall be able to do my rliant the justice of at least clearly establishing his ease ; but I shall have need of your utmost kindness ta solace me as I proceed. The parties iu the present indictment were, first, osea prosecutor, Colonel Wardle, a Gentleman who , fsr a long time held a scat in the Senate, but who had also filled a post in the field. At the time when reany of his fellow countrymen volunteered in the ::.fence of their land, Colonel Wardle left his home -rid family, boldly attempted, and boldly atchieved. iaving reaped his laurels there, he attended his duty ;:he Parliament of his country ; and the Gentleman a•ta) now prosecuted to-day was the same Colonel .Wardle, around whose brows a grateful country had twined another wreath, commemorative of his Par amentary services. The defendant, Francis Wright, -as an unholsterer, in Rathbone place ; and the de ondant Daniel Wright, was his brother, who now .'-ind it convenient to style himself not his partner, ',at his servant at a trifling salary. Mrs. Clarke, the ther defendant, the Learned Counsel scarcely knew fnw to introduce .to the Jury : he could not speak vell of her, and he did not wish to speak ill. He had terhaps better adopt her own language, and say she -.ad lived " under the protection" of English, of hish, and of Scotsmen, of navy agents and of army, of persons in and out of Parliament, of Lords and Com :eyes ; nay, that by her arts and machinations, she !ad wormed herself into the bosom of a Royal Duke, ohere, like the viper in the fable, she had forgotten his indulgences, and all his fostering care, and ad vieaelierously and ungratefully stung her preset..- .cr. These were the parties in the present indict -cent ; and bethre the Leatned Counsel stated the octs of his case, he should say a word or two upon . !ie law of the subject. The nature of the indictment :ad been distinctly stated to the Jury by his Learn ,' Friend, who tTeneti the pleadings. They had '-::rot that Fran , :is Wright, having undertaken to :mail a house ter Mrs-. Clarke, found it conveni . several moeths afterwards, to change the respon • :its; for that ftnniture from Mrs. Clarke t r Colo- Werdte ; and he sliotild eernoustrate, beyoect the •eroiltilitv of a doubt, that a rilse and wicked con •eeelcv hint heen entered into to bring tile upholster : :van hrother as a witness, and to force Col. War p.LV fur the furniture. Upon the lass of con •: s y, the I.e inleti C.nmse...i should read Lord definition el the c:ime ; and this he should do, else be aireid it would escaee the notice f the Nolile am' Learieed Judge, but because it t eeld not be till after the prosecutor's case bad nefol led that. his Lordship would haec an trtunity of doing a,. A conspitacy, said the ,-cot: Lai; ver, was an agree ttwilt 111aon divers eloseas .iii an unlawfel act ; the vety conspilacy the crime, sl e d the law punished it, although eo,n, the canspiracy were dune ; and this • nh. of neercv, for it then both punished the con .; •ratars, a:lsi prevented the mischief to others Lela}, (elected. As to the evidence which was N Feify to prove conipiracc, he should only •:•t: , ia.rd 7‘.T.aestield had collected upon the of :•c'. as les name would be the most familiar to e. The fact of conspiring, he said, need not • } A• pro.. e,i ; the by the common which was the • rtv , :tkn of common sense, a Jury might, under all eretnstances of the case, :ascertain whether a • pa..ce existed ; and if parties concurred in the ••• :40totieli they n t have been previously unac • •.: each other, they might he proved con '• • o a . 1 ;:ly r.riaw the o'li:ten:to though VI , TIC not an actual conclave of persons, yet such an union of circumstances and dovetailing of facts, as was impossible to have arisen, except from an antecedent union of mind, they might hold this to be proof of conspiracy. It had been asked of the learned Coma.; sea, why the present indictment was filed for conspi racy ? and it had been hinted that parties were in cluded in this indictment, lest others should have the benefit of their testimony. He should say that both he and his learned Friends who were with him, would have degraded themselves and discredited the liberal education which they had received, if they for one moment had consented to smother justice. It had been said, that an indictment for perjury would have been the more correct mode of proceeding, because' Colonel 'Wardle had pledged himself to the public to prosecute for perjury. But his letters must have been mis-read. Colonel Wardle's letter said, " There only remains for me now, before my Gon and my Country, to declare that it [the verdict] was obtained by, perjury alone ; and I do pledge myself to prove that fact, the earliest moment the forms of the law Hill allow me to do so." This was what Colonel Wardle's letter stated, that he AVOUId prove perjury, not that he would indict for it. That was his declaration, that his pledge, and had tie not kept his word? If he had resorted to an indictment for perjury, instead of this for a conspira cy by perjury, he would have stultified himself ; for he could .:ot then have prosecuted Francis 'Wright, who was included in the present indictment, and who, the learned Counsel ire his heart believed was the worst offender of the whole. He had not sworn himself ; he had only sent his emissaries into the witness-box. Who, however, put Colonel Wardle's money in his pocket ? Francis Wright. Not that miserable woman, who had perjured herself in order to enable him to do so : she had the furniture, it was true ; but every farthing of the money went into the pocket of Francis Wright, and he was at the bottom of all the wicked machinations, by the help of which he placed it there. Then the Learned Counsel should prove a conspiracy to-day. Had he indicted for perjury too, it would have been said, " Here is oppression ! two indictments for per jury, and one against Francis Wright for a conspira cy." It would have been said, " you have put three indictments on the record of the Court," and the pro secutor's Counsel would have merited the rebuke. " Gentlemen," said Mr. Alley, " my Learned Friends and myself do not meanly skulk back, and suffer a gentleman, whom we know to be an honour able man, (Mr. Ellis, the prosecutor's Attorney) to hear the brunt that we ought to face. We directed that the present indictment should be for conspiracy, and not perjury ; and if we have erred, upon our own heads be the sin." It could not be said that the channels of justice were dammed up, and that all parties accused would be implicated ; for it was welt known, that if any individuals were not inculpated, it was not less the duty of the Noble and Learned Judge, than his practice, every day to dismiss those individuals from the indictment. If Francis Wright were not by the present case proved guilty, he might be dismissed from the indictment. The Learned Counsel would give all the defendants the benefit of their own evidence, of which they could not avail themselves without his permission ; and requested the Jury to believe it till it was overturned, to give that unhappy woman, Mrs. Clarke, full credit for whatl she had sworn till then, to get rid of all former im-1 pressions of her perfidy, and to believe her till he proved her perjured. He would also give the defen dants the benefit of what they could. not also hare gotten • .a.hout his consent—the defendant Francis Wright's answer to a Bill which Colonel Wardle had filed against him in the Court of Chancery. This was the defendant's own story—not given in the con fusion and flurry of a pare& evidence in a witness-box —but his cool, collected narrative ; taken down in his closet by Mr. Stokes, his own Attorney : and then the Jury would have the oath of the defendant him self in his own exculpation. Were the Learned Coun sel and his friends then to be considered as blinding justice ? The Learned Counsel had stated generally what his case was, and the law of it : he now proceeded to the facts, upon which he should prove theDelendants guilty. He should prove, beyond all question, that Mrs. Clarke retired, in the summer of the last year, into the country ; and as the winter season approach ed, having no hrnuse, she applied to Francis Wright, with whom :he had been many years acquainted, to look out for one for her. Being totally distressed, and, according to her own evidence, without a single guinea in the world, she applied to the man who had taken many thousands of her money, and to whom she then owed :CM. She could not apply to the Leal ned Counsel, or to the Gentlemen of the Jury ; but she could to Francis Wright, whose interest it 'a as to serve her, since he thereby served himself.— He accordingly went to Mr. Bull, to take a house of him in Holles-street, Cavendish-square, which he stated he wanted for a lady of respectability from the country, of character and reputation. He said, " I avant it °Ply for a short time, for I am on the look out for a house, which I am to furnish for her as soon as T can get it." Under this false representation, Mrs. Clarke, under the name of Farquhar, got into Mr. Bull's house. He discovered, however, who she was, and with the feelings of an honest man, said to Franck Wright, " how dared you deceive me, and send this strumpet into my house i" This dignified Mr. Bull's conduct, and would materially validate his testimony to-day. Driven hence, Mrs. Clarke :wain took shelter under the wing of Francis Wright. He had a house in Bedford-place, Russell-square, and allowed her to reside there till in October he saw an advertibernent in a newspaper, offering a house to let in We s tbourne-place, for which he applied, as he was directed, to Mr. Curt. He told Mr. Curt he thought it would suit the lady for whom be Wanted it, and would mention its terms to the lady. Mrs. Clarke accordingly called to look at the house, liked it, did not object to the terms, and, in short, took the house in the name of Farquhar. 4 , But," saki Mr. Curt, 66 y'ou must give me some reference as to your respectability."—" Oh," said Mrs. Clarke," there will be no difficulty on that head ;" and she accord inly referred him to Francis Wright, who was, on all occasions, her common voucher ; and who, she said, had known her many years. Mr. Curt has tened to Francis *Wright's, daieking he had gotten a good tenant, and asked what Wright knew; of Mrs. Farquhar, for Mrs. Farquhar and Mrs. Clarke were one person ; Mrs. Clarke always passing in her nisi tiler's name, because she was a married woman ; and this name served her more times than one. The Learned Counsel had heard of the many-folding shield of Ajax ; but he had never before 'beard of the many folding shield of an upholsterer. This name served to Francis Wright as a shield for himself, and to Mrs. Clarke as a shield against her creditors. Wright knew that Mrs. Clarke was a married woman, ind therefore pretended to trust Mrs. Clarke's mother, Mrs. Far quhar, with the goods which where isi reality supplied to Mrs. Clarke. This mother, the Learned Counsel had no scruple of calling a miserable reptile, who was on all occasions Mrs. Clarke's go-between. This name acted as a shield to Mrs. Clarke in this way : when the butcher or the baker proceeded against her at law for their debts, with a view of seizing some of her fine furniture, in stepped Mrs. Farquhar— " It ' s my furniture : touch it if you dare." This answer he would prove to have been received by many an honest tradesman. Wright was protected by this contrivance, against both Mrs. Clarke's cre ditors and herself ; and said to her, 66 If you don't pay me when you have ensnared some old or young fool (for there are fools cf all ages), I will arrest the body and bones of your mother ; and the neces sity, not the Charity, of a daughter, who cannot do without her, must relieve her. It was thus in the name of Farquhar that Mrs. Clarke applied to Mr. Curt, and was referred to Francis 'Wright, who told Mr. Curt, that he had known Mrs. Clarke ever since the year 1802, and knew her to be a respectable wo man. Mr. Curt said, " I request you to deal openly and frankly with me, as between tradesman anel tradesman ; tell me the truth."—" Oh, certainly," said Wright, 66 I have known her many, many years, and have taken many, many thousands of her money (this was true) ; and if I had fifty houses, she should have her choice of them all-this too was true) she is a woman of character." Ibis was false ;he knew that only three weeks, or a month before, she had been turned out of Ar. Bull's house, and that her general character was that of a strumpet. Mr. Curt asked, " Is she married ?"—" She has been," replied Wright, " but whether her husband be dead or living, I cannot tell." If this were true, the Jury might acquit the Defendant to-day ; but if it were • false, it would be damning proof against him. In the June before this, this very Defendant had justi fied bail with her Attorney, Mr. Stokes , / in an ac tion to which she pleaded her coverture, etrd in which the Plaintiff was cheated of his verdict. It would be said to the Learned Counsel, " Why do yeu proceed ! Have you not said enough, to convince us of the strength of your case P' And yet he had hitherto disclosed but little of what he should have the honour of laying before them to-day. Mr. Curt then visited Mrs. Clarke—told her he had heard a good character of her, and that she :hould be his tenant. He found, the house where she was neatly furnished, and told her the furniture was very well adapted in size for his house. She replied, that it xas quite impossible she could move that ; it was much too old fashioned, and that she should take nothing but beds and chests of drawers ; for Francis ; VI ight bad agreed to furnish Mr. Curt's house in Xestbourne-place. And this was consistent with Wright's former story to Mr. Bull. This took place in the latter end of October, and it was agreed that the lease should be executed on the 9th November. About a week or ten days before Mrs. Clarke went to Westbourne-place, he met Francis Wright going there, as he told Mr. Curt, to take measure for the carpets and furniture ; such anxiety had Wright to serve the person, by whom ul timately he was to benefit. Mr. Curt was very well pleased, for he found his house white-washed, Ste. ; he found too, that coals for Mrs. Clarke had been sent in by Wright. Two days before the lease was exe cuted (and this sufficiently developet: a conspiracy, • and strewed that, as to the names of Farquhar and Clarke, each served for the other, mutat° immine, de to fidula narratar), Mrs. Farquhar herself cased on Mr. Curt, and told him that she was the mother, and that the house was taken for her. Mr. Curt did not care to which it was, and to her he executed the lease, at the house of Mrs Stokes the Attorney, and was not there told, as he should have been, that Mrs. Clarke was not Mrs. Farquhar. This was done to pro tect Mrs. Clarke from her creditors, and Wright from Mrs. Clarke. Mrs. Clarke, in her evidence, had sworn, that Francis Wright would not give her any credit. In a subsequent conversation with Mrs. Clarke, Mr. Curt informed her, that there were fixtures in the house to be taken at £lO6. 1-Is. 6d. which he himself had paid for them : Mrs. Clarke re quested credit for this payment, and held out as a lure to Mr. Curt, that if he would wait 12 months, she would buy the house of him, and pay for die fix tures too : he deslined this, and what was• Mrs. C. to do ? She could not apply to an usurer for the mo ney ; for though we saw advertisements of money to lend every day, yet the advertiser never lent to any 1 but persons of responsibility : she applied to Wright; and the Learned Counsel would produce Wright's cheque for this £lO6. 1-is. (3d. payable and paid at his Banker's, to Mr. Curt. And thus it was that the lease was executed to Mrs. Farquhar. On the 10th and 11th of November, the very days after the lease was executed, Wright sent into the house, in West bourne-place, load upon load of furniture, to enable Mrs. Clarke to carry on her business, and hoped that Ithe splendid curtains which were hung across her win dows, would act as cobwebs to catch the passing but terflies ; well knowing, at least, that the sooner her shop was opened, the sooner might he expect back the money for her stock in trade. Thus was Mrs. Clarke prepared for her winter campaign ; and :titer this was the character of a proud and honourable man reviled by base conspiracy I It would be again asked of the Learned Counsel, why he proceeded further in his case ? It had been said that it was not natural for Francis Wright to give credit to Mrs. Clarke, because she was already indebted to him 4500 or .0600. This deduction might do very well for boys ; but it would not hold with men of the world. When a tradesman, in those days of speculation, became embarrassed, what was he to do ? Suppose he went to a next door neighbour, a friend and associate of his, one who had " grown with his growth, and strengthened with his strength," and told him that to-morrow he bad a bill of £5OO to pay, what would be most probably his answer ? would say, and " twas true, 'tis and pity 'tis 'tis true." " I wish to do every thing in the world to serve you ; but I have only yesterday overdrawn my own banker, and have not a guinea in the world." The best way then for him, would be to apply to those in whose books he was al• ready ; they had lent him money for his original speculation, and were interested with him for its success. " We see you are an honest man, and to enable you to pay us what you already owe, will lend you £5OO more." In the same way, Francis Wright said, " Here's this miserable woman owes me £5OO, and unless I put her in a way to get more than that, she'll never pay me even that. I'll not trust to the casual pittance which she may pick up as a street• walker, her only resource ; I'll once more put her into a well-furnished house." This was the answer which the Learned Counsel gave to those who raised this puerile objection. He did not mean to impeach the reasoning of their manly minds who offered it to day—they were driven to this resource, and adopted it z because they had no better. He would now intro• duce the Jury to the period when Colonel Wardle became acquainted with Mrs. Clarke. On the 18th of November he was introduced to her, in consequence of an enquiry he was furthering in the House of Commons ; and upon which the Learned Counsel should abstain from saying a single word. Co lonel Wardle took Mrs. Clarke to different places 4 order to prosecute this enquiry ; and, among the rest, he and Major Dodd agreed, on the Ist of De cember, to call and take her to one of these places with them in a coach. While they were out, she said • she wanted to call at her Upholsterer's, in Rathbone place ; a courtesy which man to man would have granted, much more man to woman. They did call, and Mrs. Clarke begged the Gentlemen would alight, and see same specimens of furniture, which - she point ed out to their notice. In particular, she sheaved them some curtains, which she had had in a former house, which Wright furnished for her, and which were going to her new house ; and some chairs, the bot toms of which she had painted with het own hands. The Gentlemen, of course, felt themselves bound to admire their beauty ; and the parties left the shop, without either Colonel Wardle or Major Dodd, di rectly or indirectly, giving their credit for Mrs. Clarke's furniture to Wright. On the 2d of Decem ber, Colonel Wardle only went with Mrs. Clarke in a coach to Mr. Donovan's, of whom some inforrna. tion was wanted ; And was again requested to stop ete carriage at W:ight's shop. When they alighted, Francis Wright had received some accident, and was in bed ; and Mrc. Clarke begged Colonel Wardle to wait in the shop while she went up stairs to speak to him. In the interim, the defendant, Daniel Wright, entered into conversation with the prosecutor, talking about his brother's accident, and, different other things, and sheaving him some articles of furniture to amuse Colonel Wardle, and to shew off his goods. Amongst other things, Colonel Wardle was particularly struck with the beauty of a sideboard, the price of which, as a matter of curiosity, he asked ; but he would tell the Jury, that neither directly nor indirectly did he order it to be sent to Mrs. Clarke's. These were the only two visits which the prosecutor ever made toWright's shop. if this were not a true account of those visits, let the defendants call their shopmen. He challenged them to do it. Colonel Wardle and Major Dodd would tell die Jury, before GOD, that neither of them either did or said any thing, directly or indirectly, which the defendant, Francis 'Wright, could construe into a responsibility for the payment for Mrs. Clarke's furniture. Front the 2d to the 16th December, this was what happened—Mrs.Clarke applied to Mr. Gle nnie, and told hint the great distress in which she was, for that the \Vrights pressed her very hard for .1:500, a sum of which she begged Mr. Glennie to request the advance from Col. Wardle, as she would be enabled to repay it in three months, from the profits of a book she was about to sell for publication. Mr. Glennie replied, a No ; I know Col. Wardle will not make him self responsible for your debts in anv way whatever. She pressed her petition again and again, until at last Mr. Glennie said, that if she were sure she could repay it in three months, he would try what he could • do for her. He did ; and Colonel Wardle would give his answer to Mr. Glennie this day on his oath : he said positively, a No, he would not advance her a single, guinea, nor accept a bill of any sort for her." Mrs. Clarke, however, knowing her value to Colonel Wardle in his public enquiries, went to him herself, and received the same answer. She was not to be easily put of, however, and went again ; and here was acted as wieked a scheme as ever came into the head of man or woman to devise. While Mrs. Clarke was begging and imploring Colonel Wardle to assist her, and threatening herself with a prison if he did not, in came Daniel Wright and joined in her re quest ; his house was in great distress, and £5OO they must have. a No, (said Colonel Wardle) I will not do any thing, di: e:tly, or indirecdy, to au thorise you w say 1 made mys.tlf responsible for Mrs. Clarke's debt." So when a youth, raw from school, had been entrapped by the wily blandishments of a first mistress, after parting with every guinea he had or could raise for her, just in the nick of time in comes a tradesman, who threatens her with a preten ded arrest ; she falls on bet knees to her paramour, weeps, and he becomes her security. Even thus did