Star. — London, England, 1809-02-21 00:00:00

PP gfr M. W. RIDLtY expressed Ms regret that de& Oral Clavering, had been examined at all. -The CHANCELLOR of the EXCI4EQUER thought that an allowance was to be made for a per- Soh not accustdmed to be examined at such a tribu nals But at all events it was not sufficient for any Member to move that a witness had prevaricated, %without shelving the_ grounds of the motion. Mr. C. W, WYNE perspicuously contrasted the various parts of General ClaVering's testimony, in order to justify his motion, and concluded with ad- Monishing the Committee, that the country would put an injurious construction upon that system which would vent on the same misconduct, in humble life, that severer, measure of punishment, than the inflic tion of which on the higher rank. of delinquents it would oppose. Mr. N. CALVE R.'l l declared, that he had not heard the etiderice distinctly, and if he was to be called upon for a vote, he should move that the short-hand writer should read the whole of the evidence. Mrs BRAND considered some of the answers of the witness worse than prevarication. They were studiously equivocatory, with no other object than to deceives Mr. YORKE spoke of a future day of reckoning, when persons to whom he applied such strong epi thets (as we forbear to mention) would be brought to a strict examination. Until that period, he conceived, the decision of the present case ought to be suspended. Sir JOHN SEBRIGHT would not attach to the testimony of the last witness gross prevarication, but if such inconsistency and contradictions were-suffered by that House, there was at once an end to its dignity and character. Sir THOMAS TURTON recommended to the House to look at their minutes, and they would there see an example for their proceedings. They were not to consider whether the person was high or low. They were to drive far from them so terrible a doc trine: The witness had come forward uncalled for but be had come at his own peril, and if he had said any thing improper they were called on to take cog nizance of his behaviour. Sir JOHN SEBRIGHT thought the charge of a very serious nature. Mr. WILBERFORCE said, if called on at- the present moment, from his own impression of the case, to determine one way or the other, he must give it against the witness. When he recollected, however, that the witness came forward of his own accord to correct his statement, he felt disinclined to judge of his conduct too rashly, or to say what ought to be done, till both parts of the testimony had been read, or till an opportunity had been afforded the House of considering the whole in one connected view. He should, therefore, be better pleased, as he considered it a case of importance, that the question be post poned for a day or two. To do justice, he thought it essential either that the evidence be now read in full, or that the question be postponed for two or three days. Mr. C. W. WYNNE declared that the moment he understood any Honourable Member to wish farther time to decide on any question, in which the import of evidence was concerned, he could have no inclination but one, and that was to postpone the. dis cussion. He had felt it a most irksome duty to agi tate the question. He should with pleasure concur in the withdrawing of it at present ; and should give notice of a motion oa the subject when the charges should have come under the consideration of the House. Mr. WILBERFORCE hoped the Honourable Member had not withdrawn his motion, but that he had only postponed it. Mr. WYNNE said he had no wish to abandon the motion. He only, in compliance with the wish of the Honourable Member, wished to postpone it. The CHANCELLOR of the EXCHEOUER doubted, whether the contradiction in the evidence alluded to might not proceed from misapprehension. Mr. WYNNE said, if there had been any thing like misapprehension in the business, he should have been the last to notice it. Mr. WHARTON sail, he had received a letter from Major Ximenes, expressing a wish to be called to the bar in vindication of his character, in conse quence of what had been stated on a firmer night.• Mr. HUSIUSSON said, it had been state-i that he was to have purchased a majortLy for 700 guineas. Sir T. TURTON expressed a wish that the ap plication, and its purport, should be entered on the minutes. Mr. HUSKISSON said the Gentleman was ac. tually in waiting. Upon inquiry, however, Major Ximenes appeared to have gone away. Mr. GREENIVtIOD was then called in, and examined by Mr. ABBRCROMZY. - _ Q. Is there any part of yodr evidence respecting Mr. Elderton that yo' wish to correct ?A. Yes. It appears, that the, unfavourable reports concerning him were not received till after the appointment took place. Colonel Gordon was called in and examined by Mr. HUIKISSON. Q. Do you recollect the date of Colonel Clinton's leaving the Office of Private Secretary to the Com mander in Chief, 2nd of your succeeding to him ? A. 26th July 1804. At that time no recommendation had been laid before his Majesty to promote Captain Tonyn's obtaining his majority ; no person could then have stated, that his appointment would ap pear in the Saturday's Gazette ; or if . they did so they must have been grossly ignorant of the rules of office ; or in stating that they had done so must have meant to deceive. The documents to chew the day on which- Captain Tonyn's promotion was actually sent to his . Majesty, were not then before the witness, but he believed it was the 9th August. He proceeded to state that no officer of the name of Astell, or of the name of Bligh, was at that time to be found in the Army List, nor had he any recollection of an officer of the narric of Bacon. It did not appear that at this time all promotion was stopped hi the 48th Teti ment. If it had been so he mint have known it. It appeared that Lieutenant-Colimel Taylor received his promotion through Lord Matthew, who was then raising a levy for rank, and who appointed Colonel Taylor to that rank, Fe having a tight to appoint hi m There was no irregularity in the appointment of Captain Xitnenes to a ma j ority. He was an old Captain appointed in the year 1794, (Examined by Sir GEORGE WARRENDER.) Having said that it was necessary in June 1804 to make inquiries into the conduct and fitness of Lieu. tettatt Colonel ilrooke to be appointed to the sth Dragoon Gnards—Had it not been esteemed equal• ly necessary to make some inquiries concerning him whett, in the January preceding, ht was taken from the half pay to be Major of the 56th regiment ? A. iI take it fct granted all due inquiries were made, but t was particularly necessary that such inquiry should be made when coming into a Cavalry Regiment. Mr. ADAM was then examined by Sir THOMAS TURTON. Q. Having said that it appeared that the Duke of York had been prejudiced in money mat ters by Mrs. Clarke, did the Hon. and Learned Gen tleman recollect any particular instances in which this had occurred t A, It was impossible for him to say that he could point out any such. He remembered perfectly well, however, that the facts which came to his knowledge satisfied him that such was the case. —Q. Can the Honourable and Learned Gentleman state the source whence he had that information ? A. I have already said, that I committed the inquiry to Mr. Lowten, who again employed Mr. Wilkinson, who reported the business to me.—Q. Were the facts td be communicated to his Royal Highness by Mr. Lowten, or by that Honourable and Learned Gentle- man A. I believe the facts were drawn up by Wilkinson or Lowten, and v. ere • communicated to his Royal Highness. —Q. Am I to understand that his Royal Highness was satisfied that Mrs. Clarke had used his name to his prejudice ? A. I can only suppnse so, from considering what was the conduct reserved, by the Duke of York on the occasion. He ithmediately, or -soon after, came tothe resolution of separating from her. I could draw no other conclu sion froth his conduct ; because, before this circum stance al explained to him, I had veal no reason to sup once that he meant to separate from her, but immedi ately after this information he took that step.—Q. Did you at any time read the statement which was draws up for his Royal Highness's perusal? A. I certainly have.—Q: Do you tecollect having pointed out to him any spetific sum raised by Mrs. Clarke, without hit authority ? A. I do not. Q. You probably know where that paper is at.pree sett ? A. I do not ; I have never seen it since the time I first perused ito—Q. You said that you saw Colonel Hamilton, be kind enough to tell us when you taw him first, and what passed between you A. Colonel Hamilton called on the on Saturday morning, and told me that he had seen Captain San den at Portsmouth ; that he had consulted with him how he ought to conduct himself. Colonel Hamil ton's answer was, that he had no tule by which to direct himself but one, and that was, the truth ; that none othet would avail him, because he would be examined by the united ability cf the country. Capt. Sanden then told hitn that he had some notes in his possession from Mrs. Clarke, and that he had ode note which he believed to be in the hand-writingof the Duke of York. That lie had shewn it to -Capt. Tonyn to prevent him from taking up his.deposit ; that he had another nose which he had delivered to Tonyn, stating that he would be Gazetted on a particular night.— Colonel Hamilton at that time gave particular instruc tions to Capt. Sanden to preserve the note, and to be ready with every other evidence in his power. I told Coloucl Hamilton he could not have given him more correct advice. I desired that he would take a copy of the note, and advise Captain Sanden -to ic , rp it. Colonel Hamilton returned to me ' • told me that he had repeated his instructions, and had taken a copy 'of the note, which I found to be exactly the same es that since produced before the House. He (Colonel Hamilton) said he believed it to be the Duke of York's writing. Captain Sanden told Colonel Hamilton that lie had been applied to by Mrs. Clarke since he carte to town, and, I think, by Mr. Wardle, also I - 4v Mr. Low ten, to know what would be the nature of his evidence. I advised that Ist shotll4l call for Mr. Perceiral. 'this he did, and I followed him. Our determination• was, that Colonel Hamilton should advise L.:1 4 ., .i.t Sanden td have no comtnunica• v ith any el . the persons alluded to till he told what he knew a, tar bar of this House. It was then agreed by Mr. Perceeal and myself, that we s:ottild commintieate what Captain Sandal bad stated to the Duke of York, and that the matte should be braiight before the licitse of Commons by us, if it did not ap pe4r in the evi - detice of Sanden. I saw the Dike of Yul k. He expretod his surprise and astonishment at the communication, and declated that he had never wrirtee any such note, as that alluded to. I went to Mr. Perceval's with his Royal Highness, where he again made a similar declaration,and again at Col. Gordon's. I did not see Col. Hamilton till the Sunday. He then toid me that he had delivered in to Capt. Sanden,in the -very teems he had been desired, the instructions, who had said that he Might depend on his observing them ; but that he would be enraged at him when he - learned that he had already broken part of his instractions in destroying the note. Colonel Hamilton said, good God, have you destroyed it ? I then went to Mr. Perceval's, and communicated to him what Colonel Hamilton had told me, and we agreed that it was our duty. as Members of Parliament, to bring the Matter before the llouse. We agreed also that it was proper to communicate what we knew to'certaire Members of this House, and I accordingly stated , what I have nee; related to Lord Castlereagh, Mr. Canning, the Attorney and Solicitor General, Lord H. Petty, General - Fitzpatrick, tkc. The Duke of York said he had never written such a note. That he had nester written to Mrs. Clarke on Military matters at all. So it had been thought proper to bring the matter before the House. Mr. ADAM stated that it was the desire of his Royal Highness the Duke of York, that the whole of the transaction with respect to the suppression of evidence by Sanden should be made public, leaving it, however, to his discretion, and that of bitAight I Honourable Friend (the Chancellor of the - quer), when it should be published, In the exercise of this discretion, he had chosen the occasion, as he had already mentioned, which appeared to him best calculated tor the purposes -Of justice. With that view, and in order to avoid embarrassing the course of the accusation, he had been induced to withhold from the Committee,the communication alluded to. Lord FOLKSTONEasked whether it was the wish of the Right Honourable Gentleman ( the Chancellor of the Exchequer) tOswdd any thing to what had been said by thelearnis, Gentleman whohad just sat down? The CHANCELLOR of the EXCHEQER repli ed, that the motives which influenced his mind were precisely those stated by his Learned Friend. He had thought it proper not to bring the business relative to the note forward, until the case on the part of the aca ettsation had closed, and his opinion was founded upon an impression that the note was destroyed, coupled with a belief that it,.Ass a forge Under these circumstances he wished, that the case should be gone through, and every witness afforded the op-. partunity of telling his own story before the matter should be brought before the Committee. If there were only one charge instead of a variety, and that the circumstances connected with this note applied to that charge alone,his cause wouldhave been different. Mr. 'WHITBREAD said, that the particulars respecting this note had been communicated to him by his Learned Friend (Mr. Adam), almost imme diately after the inquiry commenced. As a Judge to decide upon the whole case, he did not of course con ceive himself the depositary of a secret which was not to be known to the Committee and the public ; but that the communication was certainly made to him with an understanding that the note was destroyed. General FITZPATRICK and Mr. BRAND made a similar declaration. The CHANCELLOR of the EXCHEQUER repeated, that his impression decidedly was, that the note was destroyed. Mr. ADAM conceived that it became necessary for him to state, that the whole course of his conduct upon this transaction proceeded from a thorough con viction that the note had been destroyed. After a few words from Mr. Weston and the Chan cellor of the Exchequer, the letter from Sir Moses Ximenes was read upon the motion of Mr. litiskisson. 'This letter, alluding to the mention of the wiiter's name in the correspondence between Mrs. Clarke and 1 Captain Sanden, contained a solemn allegation, that he had never paid any money improperly for his promotion, which he had obtained in the regular way, coupled with a request, that his name should be expunged from the minutes. Mr. HUSKISSON wished the writer to be called in and examined at the bar, but upon a Member stating his objection to the idea of having this letter added to the mass of nonsense which already appeared on the minutes, the preposition was dropped. Mr. Town was called in and examined by Mr. C. ADAMS. Q. Witness stated before, that Mrs. Clarke could forge the Duke of York's hand-writing ; is he aware that such a word as forgery could have application only to fraudulent pm-poses ? A. Yes.—Q. Did you use the word in that sense before ?A. Yes..—Q. Did you mean to say only, that Mrs. Clarke could imitate the hand-writing of the Duke of York ? A. T did say th..t she told me she could forge his Royal High ness's hand-writing.--Q. Did you read in the news papers that she said you were a Jew, and would pro bably s.,y any thing which you thought would suit your int( rest ? A. No.—Q. Did Mrs. Clarke actually say to that she forged the Duke of York's hand writing ? A. She said she could forge his Royal Highness's hand-writing, and that she had done so. - Examined by Lord FOLKSTON& • Q. Bow long have you borne the name of Town-- was that your father's name / A. Yes.--Q. Have you never gone by any other name ? A. No. Q. What trade are you ? A. I am an artist—a velvet painter.—Q. Have you or your father ever fol lowed any.other trade ? A. We may have sometimes received orders to furnish ladies in the jewellery.— Q. Did you ever go by the name of Lyon ? A. Never. Q. y Sir THOMAS TURTON.) You have said that Mrs. Clarke could forge the hand-writing of the Duke of Yorke ; have you ever seen her doing so ? A. No ; I never did see her doing so—l only stated her own words. Q. (3y Mr. Waant.E.) Have you been ever exa mined as a witness at Clerkenwell Sessions ? A. Yes. Q. Do you know Mr. Alley the Counsel ? A. Yes; I remember him in Smyth's came. -- Q. Did any thing particular occur with regard to your evidence ? I do not recollect.—Q. Did Mr. Alley make use of any strong expression upon•the merit of your testi mony ? A. He said that T ought to be punished. Has not an indictment been preferred against you for perjury ? A Member rose to order, and said that the witness need not answer any questions to criminate himself. Q. Repeated. A. No, not to my lc--owkdge.— Q. Have not some proceedings been taken against you upon such a charge. Recollect yourself t A. I know that proceedings have been taken by Smyth, but not against me, and I know not upon what ground he proceeds. Q. (By. Mr. BARHAM.) What proceedings have been taken ? A. A prosecution for perjury..--Q. Against whom ? A. It is so long standing, I can not tell ; Smyth has brought it forward often, and failed.—Q. Is there any proceeding now pending ? The CHANCELLOR of the EXCHEQUER objected to this question. How could it affect the credit of this witness that there was a proceeding in stituted against another person 1 The Member who had before spoken on this sub ject, still believed the witness was implicated, from his great hesitation. Witness was ordered to withdraw. Mr.. ADAM took occasion to call for the correc tion of a part of his evidence. He had stated, that the Duke of York had said to him, that his Royal Highness had not recollected to have ever written to Mrs. Clarke upon military matters, and that if he did, it was very rarely. Omitting the last sentence, he observed that his testimony was correct. Q. (Examined by Lord FOLKATONE.) Did the Duke of York state to you that he never wrote to Mrs. Clarke upon Military matters ? A. His Royal Highness did certainly state to me, that he never wrote to her upon military matters, unless in answer to some questions in a letter from her upon that sub ject. His Royal Highness said to me, that Mrs. Clarke did propose to him something with regard to military promotions, early after his acquaintance with her, but his Royal Highness told her that he could not listen to such a proposition, and he never after. wards heard any thing more of it. Mr. PARKER, pawn-broker, Fleet -street, was called in, and examined by Mr. HUSKIBSON. Q. Has Mrs. Clarke ever pledged any goods w;th you ? A. Yes.—Q. Have you ever discount ed any bills for her ? A. Yes.—•Q. Have you ever discounted for her any of Mr. Dowkr's accep tances? A. Yes.—Q. Did you discount a bill dated, June 11, 1805, drawn by Dowler, and accepted by Farquhar ? A. Yes.—Q. Did you ever discount anv bills drawn by Clarke, and accepted by Farquhar ? A. Yes.—Q. To what amount ? A. For various sums; I discounted one for 4101.—Q. How was that bi.l taken tip? A. By a draft of the Duke of It( which was dated forwards three months, in ,rani 1806:—.Q: I-tow was any other bill taken up ? received an acceptance of the. Duke of York' _2301. which was tiated in February 1806.--Q. was the drawer of that acceptance? A. FarqulL Q. (Examined by Lord Fours-roma.) What the goods Mrs. Clarke pledged with you ? A. York';. a January ? A. • fork's -Q. W! , arquhal. What w:t. A. I can. a EQUE whom he is inquiry t, that the qti ;t calculate t he wi,i'ed the letterF. :e of York D postpone atton until on. the rn vas order—i is day. /'CLOCK. Tills 13s. pre. ophistry the lescended, a re pretended It ate world, in i which cha. measures of of repeat the tt n the Mini. r: :en sufficient or it impossi. e recollection re , that we per. (,1 determined to tb a men Exposee hat the event . st ) truly verify n. c.i ruts received er than could packet, the tt s, has arrived ;Oland. By mmunicated tS rench Ernpe- s from Spain, ains. An h. France and his journeys the continent. d ult. in the Tolland, that .ng informer, utch Govern' he penal laws He has re. n the ports of the Sound with Dutch retended, are ng from, and s information, t.) administer t e still 4 And no his hands, 9th of July, as,ect of rith respect to - al MALCOLE, a special mis• best stopped capial. The Aging. They' )litstbats fm er, ami ate in Artaxerxes of Y3l. .es is ()fan aßlet- Duke de Isr.st;• s to protect tit!, 000 men, have MONCrY, with Ind will rave also 15,000 :is of our,pres% at ly I mt-aa to rt , . HOMAII, of this the 28th of Ja• acted upon with Bsersce,l4 guns, &hie, in a de- s, and gun% and r passage having with anchors and ssistante. Sailed -Wind S. W. L, Manuel, RP nted cutter, on a Corunna and .he Susannah, for eel has been out le ship Factor of with wine and rr privateer, and r's ship Rot.t.a-• ard her, 10 or 12 :h broke, and the rowned Captain f the ship, and 10 here, soon after rose. Wind west the leaned ; and an, Dou...sas ;-- tub, for Jamaica, Wind S.W. ...••••••••••••••••• KENII', of Cato , a , No. 1, Ca7ev. Tessapk 13ot tell, as I have not my Cooks with me. . _ Witness ordered to withdraw. The CHANCELLOR of the EXCHEQ observed, that there were other witnesses whi wished to examine upon the subject of this in. But as it appeared by evidence at the Bar, the Committee could not for two days at least call upon the attendance of Mr.. Clarke, whom he particularly to examine with regard to the which passed between her and the Duke of upon the separation, he would propose to po. any farther proceeding in this investigation Wednesday. This proposition was acceded to.—Upon tion of Mr. HUSKISSON, Captain Sntingx was to be sent to Newgate.—Adjourned to this d, LONDON. TUESDAY, FEBRUARY 21. PRICE OF STOCKS THIS DAY AT ONE O'CLO Consols, for money, 67W—for Feb. 674.1—.-Es, Bills Omnistai 1 : i pre. The Public know with what laboured sophistry French official paper (the Moil:true) condescene few months ago, to give an /xporie of the pi falsehood of an inference submitted to the wore the STAR, and drawn from certain traits which racterised the diplomatic and military measures NAPOLEON on the Continent. rye need not repeat statements then given in the STAR and in the tear, the French Government having taken pains to give them publicity, and to render it ble that they shouldeverbe effaced from the rec' of Europe. It will be sufficient to remark, tha t sisted in maintaining, that NAPOLEON had &term aunihilate the Austrian dower; that his own - afforded evidence of the intention; and that would, at no very distant period, but too trul our -statement. The event, if we may credit accounts this day from the Continent, was nearer than well have been thought possible. A pact Lady Freels, with mails and passengers, has at Harwich in five days from Heligolan( the statements in the letters and also commi by the passengers, it appears that the French ror, immediately after his arrival at Paris fror set out for Germany, where he now remains. mediate renewal of hostilities between Frai Austria is reported to be the object of his and the report is generally credited on the BONAPARTE arrived at Paris on the 22d uli evening. It appears by private letters from Hat the King of DENMARK has been turning 1 and complained to the French and Dutch ments of the evasion and violation of the p against commerce with Great Br:min. FL presented that numerous vessels, laden in thk Russia, have been continually passing thi under Dutch colours, and furnished wig clearances ; but thew clearances, it is pretei. false, these vessels notoriously proceeding free returning to England. In answer to this inform the King of DENMARK has been desired t ) ad justice against the offenders, by seizing t impnsoning the crews which may fall into lii A letter from Bombay, dated the 9th 1808, says —u Every thing here ha, tilt• ; warlike preparation. Our prospects, with Persia, are, I fear, but gloomy. General M. who set out hence some time since on a sped sion to the Court of that country, has be! • 800 miles on this side of Tit -Anne, the capi, French, are, we hear, very active in organiSit have cannon•founderies, and other estalllis it supplying the principal necessaries of war, high favour and confidence with the Artaxerxes I the day." VALENCIA, (SPAIN) JANUARY The news which we received froM the armies is ing nature, and particularly from that of the Duke TA Do's, vlllAth was posted In such a manner as to city. His advanced guard, consisting of 6000 been all made prisoners. The French general Mo a division of 18,000 men, has reached Cuencl. and w direct his march to this place. The French have $ men before Tarragona. You may judge from this of situation. On the nearer approach of the enemy I move to .Alleant." LavastrooL, Its 19.—Arrived the Henry, Host . Port from New York, which place she left en the nuary,the New Embargo Laws wereia force and acted rigour. Y.% amour:, Fits 20.—Two P. M. the Blom sew' is now corning into St. Nicholas Gut, from the Baltic ploreble condition, having lost her anchors, cables, and k, having exhausted her provisi•ms and fuel. Her passage been tedious, she brings no news. A lighter, with ant cables, and a cu•fer, are gone to give her every assistance. the EURTALUs frigate and Mortises' gun brig.—Wind FALMOVTII, Felt. 18.—Salied the AREVIIVIA, Man SZITANCE, and ORltitet also the ADRIAN armed cruise.—.arrived the l hemitis transport, from Corunna Vigo; Elizabeth, --•-, for Rio Janeiro, and the Susannah, Barbados:, both from LiVorpool--che latter vessel has lid days. Meta, Fes. 20.—• Came in this afternoon the ship N. tv York, from Teneriffe . , bound to London with bar Ale, havingbeen captured by a French lugger prig retakeh yest Tday off Fairleigh by his Majesty's ship warn the privateer tun alongside the ship to board her, Fi erchmen were on the lugger's bowsprit, which broke, whole of them fell into the sea, and were drowned , MUNSON and four of hts crew were taken out of the ,* Frenchmen put on board her, Who were landed here, the ship came In, and lodged in the guard house. and blows strong. De A t, Ft a. so..Casne down from the itiver the the Ranger, —, for the South seas ; t:enturion, Due, Kingston lira so tt ; and the Lined it, Mesas° ND, and remain in the Downs wils Sae ships as per last. blows hard with rain. n_ONDLiN : eriritei and !mod by LE lAA ...- terbury Place, Larnbetb r at t►e . JTAROOIf Jut, No. tenet. Published allakitt die STedi-Corrsca, Tempi