Star. — London, England, 1809-12-06 00:00:00

IF o ff, and put the 0. P. in Did Mr. Clifford Which the taw of it !night to involved he hopesl they Some foolish people had got an idea into their heads, eect v who the Gentleman was ?A. No.-42. What would in th at c i rcumstance submit themselves en-.' that they might applaud; and to what excess they dot, 0. P. mean ? A. Old Prices , —Q. Were there tirely to the guidance of his Lordship : for if a Judge chose: .No doubt, they might and ought to exercise any placar ds ? A. No.—Q . D o you know w h at a s h ou ld b y any accident mistake the law, then the Ad- d. an honest judgment; but then outrageous vio len ce' ) recor d is .A. Ye . .s ; is a banner, w i th a motto ex . vocate h as a court of superior powers to whom he can was not the way in which to exercise an honest' . ecs i ve of opposition.—Q. How did you get into the appeal, and receive a remedy for his wrongs. It was judgment. One Gentleman had said, there was such P• ceore of the pit ? The p eo pl e p a id great respect o f great i mportance that the Judge should be allowed a noise as one t h ousan d d run k en sa il ors would is M r . Clifford, and made way for him, crying out, to be the most unerr i ng expos i tor of the law, and that make ; now he would ask any nun offthem, if they e here comes the honest Counsellor "—Q. Did not the it should not be left to the varying and mutable opi. had seen one thousand sailors quarrelling with their p.'s hail him as their le a de r ? A . No. Th e y made nions of a Jury, no matter however honestly disposed. landlord about their reckoning, would they not con- , or very gentaly for him. They considered him as M e l anc h o l y , i n d ee d , wou ld i t b e f or the country, if sider it a riot ? The very farce could not be heard ; .h er fr:end.—Q. Do you know who took Mr. Clif- it did not possess tribunals at which• men presided men.cunld not sit down lest they should be crushed feel into custody ?A.No ; I heard Mr. Clifford say whose you& had been devoted to study, whose man- te death, and yet this was not a riot But Mr. Chi - - o \vas a Police Officer.—Q. Did you hear that it was hood h a d b een d e di cate d to t h e pract i ce o f t h e trut h s f or d was s il ent ; a s i lent leader may often do a great e e enten ?—A. Nto —Q. Was there any outcry against in which they had been grounded, and the prime of deal ; he wore, however, the 0. P. in his hat; he did Me ; • box es ?—A. No privates - whose life, thus exercised, had prepared them for the not put it in himself —no, he allowed it to be put. 'The By Mr. Serjeart RUNXINGTON. . enlightened and able exposition of the laws as Judges. honest Counsellor, too, was cheered by them, and saluted Q . Where was the person who put the 0. P. in He pressed this attention to his Lordship's direction as their friend, and he accepts their invitations, Chfford's hat ?A. Just near him.—Q. What did still more strongly upon them, because he was con- marches into the midst of them, and hoists their flag, N / a Gifford say ? A. He said there was no harm in vinccd, that not one of them would rest satisfied with and yet he did not encourage them ! It would he wetting 0 : P.Q. Were there many 0. P.'s in the hi s verdict in hisconscience, if even through a mistaken an insult on their cause not to call it a riot, and to call nit ? A. No ; nor above twenty.—Q. Was there any judgment he had pronounced contrary to law. They him their instigator.. Mr. Clifford told the audience v al enc e offered ? ; noneexcept that occasioned were warned by his Learned Friend against the ap- too, there was no harm in wearing 0. P. He should sv the Police Officers, in seizing Mr. Clifford.—Q. peal to their passions which he expected from him ; have told them very differently: he should haves told it': s there not much outrage during the whole even- he should not, however, follow so far the example them it would be foolish at any time to wear it ; but t ar ? A. No, indeed, we were : all in great good . which had been set him ; for never in his life did he that it would be criminal to wear it as an ensign of iernour. hear an addresi appealing so strongly, not merely riot. If there was no harm in the rebellion, it was a : , .? Jaror.—Q. In goiog out when Mr. Clifford to their passions but to their prejudices, as that of his of little consequence ; brit if you once hoist the ensign tras seized, whereabouts ie the Theatre were you ? Learned Friend. Prejudices, he was sorry to say, had of rebellien, no matter though yon were as mute as .o..Abent the money dome—Q. Had you passed out crept into the world, and had operated so powerfully a fish and as inanimate as a corpse, you participate at any door ?—A. No. upon respectable persons, as to make them disgrace jia its crime and must partake its consequences. The Christopher Elwen was in the Theatre on the 51st j themselves before the public. His Learned Friend cockade at an election was no emblem Of riot, unless ef October ;he sat about three seats before Mr. Clif- ; had accused the proprietors of extortion and injustice, it was maliciously made so ; it was the designation ford ; he did not know him a t fi r st, but he was told ; and tyranny in the extreme, and h*' had gone so tar as of attachment to a particular man ; the cockade was who h e was by an attornev's clerk who sat beside him; - even to warn the people how they heat before this act a most important ensign ; now, since shields and he then observed Mr. Clifford minutely ; he was very I of oppression, lest it should be the preface to still more • banners were done away, it was the distinction even eriet and orderly, the whole night ;he did not see , base submission. For his part, when he saw that of nations ; the black cockade was the distinction of Sim till towards half price ; had an 0. P. in his: Court, crowded as it was, and reflected what an effect England, for instance, and he hoped . it would long hat ; he saw him taken ; he was then in the centre such a declaration, coming from a man of his Learned triumph over the tri-colours. At a late election the inor, between the King's side and the Prince's side of ; Friend's authority, might have upon an inflamed and blue cockade was an emblem of loyalty ; but they all :he Theatre; Brandon said, 44 Here, this is Clifford, misguided multitude, he trembled fer the consequence remembered, in Lord George Gordon's riots, in size him." Accordingly, as soon as MoCliceord camel—he trembled to think on the depredating jurisdiction 1780, when it was the sentence of death, when men cut, he was seized. The play and farce were over, lof lawless assemblies acting as self-constituted judges. were condemned to die % merely because it was seen 1 and the audience in general were leaving the House Goy forbid the country should be so reduced. It ty- on them. They had fired no house, nor committed 1 He could not recollect whatTaunton said ; he followed ; ranny or extortion was practised upon any British sub- j no murder ; but they had wool the blue-cockade, I Mr. Clifford to Bow-street ; Mr. Brandon charged him ject, he had wise laws and upright Judges to resort and that was sufficient for their conviction. He could w ith wearing an O.P. in his hat. Mr. Clifford did not to, much more capable of affording him a satisfac- not help remarking upon the insolent liberty which de.)y it, upon which Mr. Read said, there wasnocharge tory relief than the wild tumult, outrage, and excesses Mr. Clifford suffered a stranger to take with him, hi against Mr. Clifford, an that he was discharged. Mr. of unrestrained revenge. It was said Mr. Clifford was allowing him to take off his hat. He was not very Brandon then said, he h a d m a d e a noise in the 'rhea- a man of rank—he knew it : of talents—he knew it : irascible ; but he feared such a liberty would be too a 3, upon which Mr. Crifford desired that Mr. Brandon of a respectable profession—he knew it also ; and he much for his temper. !e i g ht be sworn; but Mr. Read said again, that there had twat• to lament that such rank, suck talents, and When the mode in which he was saluted at his en. was no charge against Mr. Clifford, and that he might such legal knowledge, should be prostituted to the in- trance was taken into consideration, and also the rea withdraw. Mr. Clifford then said, if Mr. Brandon stigation of such riotous violence—it was giving it the diness with which they made way for him to come hto known him well enough., he would not have taken - 1 s/nction of rank by his birth, of wisdom by his abili- into the centre of the pit, it would be an outrage to him theme, to which Mr. Brandon replied, " I know tics, and cf law by his profession. What ! could it be common sense to suppose that he was so received with yr.o very m ell, Mr. Clifford." wa rless w a s Foe in the said for a moment, that Mr. Clifford did not encou- out being considered a leader in this business, or that 1 habit of going often to the Theatre, not above six rage the riot, when he even condescended to wear he wore the 0. P. in his hat for any other purpose thrici in the season ;he went i n w i t h orders, and used the ensign of the rioters ? If any mean person had except that of countenancing and encouraging the to go in and come out again ;he lives in Chandos- i done so ; if the Attorney's Clerk, for instance, hod s proceedings which were then going forward. As to street, and is a man's mercer and trimming seller ; done se, it would have been of little moment—but, the evidence which was given of his being silent him ti:; Attorney's Clerk first pointed net Mr. Clifford to when a man of comparative consequence—a man of self, although he bore this ensign of party in his hat, hire ;he dad not hear Mr. Clifford hailed generally education—when the honcrt Counsellor—he, to whom that would by no means justify him. The silence by ti.e pit on his first entrance. He (Elwell) wore Ithe 1 the vilgar would naturally look up for guidance and of a man who encouraged others to go further ns 0. P. I instruction—when he did so, he, who could not plead would be, perhaps, more blameable. It would Join Bone is a bookseller in time Strand ; he knows # ignorance an extenuation of crime, how wide spread- shew a degree of cunning to save himself, by coal- Mr. Clifford and Brandon ;he was in the Theatre on ing must he the destructive influence of his example ! mining others. If a man was disposed to riot, the 31st ef October ; he did not see Mr. Clifford j It was told them, however, that his client was the tool I let him riot, and be punished for it ; but let hint there :he saw Brandon. As he was going out, he of power ! But was he—(even suppobing it is), was not be the insidious fomenter of disturbances, in heard a penon tell Brandon that Mr. Clifford had an I the servility of Mr. Brandon the excuse for Mr. Clif- which Ire himself dared not to join. In speaking in this 0. P. in his hat, upon wh;ch Brandon hid the Officers ford's impropriety ? Was it to cause him to hoist the manner of the conduct of Mr. Clifford, he was only take him into custody ; the Officers hesitated when banner of riot ? Was it to send him to the resort of making those observations which he conceived it was they heard it was Mr. Clifton* upon which Brandon the discontented, in order to inflame them still more i his duty to make, if Mr. Clifford was even higher in G— d d—n him, take him." They then pro- Certainly not :it could not operate so even upon the rank, more eminent in talents, or his own bolbm Laded to take him. most ignorant, and if it was found thus unjustifiably friend. He did not come forward. s a volunteer for Thomas Eisier is a Clerk to an Attorney ; he was at influencing a man of information, the mere exam- Mr. Brandon ; but it was his duty now to state, that the Theatre on the :31.t of October; he S:IW Mr. plary should be his disgrace, and the more justifiable Mr. Brandon was an old, honest, and confidential 1 Chihrd ; he did not see him contribute in the least of coutoe was his client in selecting him for an exem- servant of the Theatre ; and notwithstanding the po c'egree to the noise ; he saw him on the contrary try i ple. The question now for them to try was, not whe- pular cry which was raised against him, and the pla to the disturbance : for when a man beside I ther the Proprietors of Covent-garden Theatre were cards of " Terms of peace, discharge Mr. Brandon," hira began to spring a child's rattle, he desired him i tyrants or not, but whether those persons who had he hoped that he would long continue to serve the cot to senng it ; they called it Mary Austin's rattle ; i embarked their property in the Theatre to a vast Theatre, as faithfully as he had hitherto - done, and the petaon complied, :tad did not spring it ; he did i amount, should be ruined by caprice ? As to the ex- to give the same satisfaction to the public which he eet remember Mr. Cliihrd's being hailed ;he was i tertian, that was no question at all—if the public had had given them for many years, by his politeness and 1h the Theatre before him ;'there were no placards, a right to reduce the prices from seven shillings to attention. From the evidence which had been already he thinks, nor was there as much noise there as on six, 'they might with as much justice reduce them to given, he thought he had a right to say, that a riot termer evenings ; very few 0. P.'s. He often goes sixpence. Constitute the rile: once, and it did not there was, and Mr. Clifford was a participator in• is the Theatre, once or twice a week ; the: farce was, signify what was the minimum—that would be just it: and the question now was, whether, under those he thought, "Jhe a Priace ?" It might, howevaik as the whim of the moment dictated. As to the circumstances, Mr. Brandon had not a tight to take . te the " Portrait of Cervantes ;" he could not hear a question of the private boxes, that was not one either him up ? The evidence of the first witness was, that he of :el ; he stood on the beaches ; there were no mock to be debated in the theatre ; for if it was, one hundred had not got out of the pit at the time that he was ar fthts ; he was net called t h e L. ; :st i ii:Grnry, he !oun.i j men would have as good a right to judge one way as rested. Even if he had got out of the pit entirely, that to OiTaulty in getting into the Theatre. 1 another hundred men would have to judge another circumstance would not make any considerable alto- Wil!iam Rawlings was called, bet he not appear- way, and then how would the dispute be decided 1 ration. He must, however, allow, that when a riot ing, Mr. Set iear.t TI:ST said, that he had a number Why, of course by tumult, and perhaps, ultimately, by was completely over,a private person would not be jus• of witnesses to call, in coder to prove that Mr. deaih. Theo iedeed, might original principles be re- tilled in-arresting a participator in the riot the next day, trd conducted hisholf peaceably in the Theatre sorted to—then might oaa/ be battle, divested of its or a few hours after it was over. In the present case, Pahaps, however, after what had passed, it would be certroooies, be fltroduced, and those savage conflicts however, what were the constables to do? If they were taken for granted. ► anterior to the regolatioos of society be renewed.— to rush in immediately into the midst of those riotous Mr. 3critems Mr:out:au said, he thought it had The Proprietor , aCt under a patent—if that patent assemblages, the probability would be, that serious Letter he proved. were abused, it could be brought into Court by a mischief would have ensued. If then they waited Sir loaris M.aNsHELD.—" Brother Best, you may :aid investigated how far that abuse had until the persons were going out of the house, the a• well call a tea- witnes-,es, and examine them shortly taken place. Thus, it the public 'were injured by Jury would have to consider, whether that could fairly to the fact." . the monopoly, they could have redress—but cep - be said to be arresting the rioters at anot he r ti me ?-- lhotk Jolly saw Mr. Cliff ,rd at the Theatre ; he , tainly not by their own hands. The patent could He would suppose that a man were to strike him in r:as there do-kg the entire farce, not above a yard easily be seen—any person who chose to take the the street and knock him down, would it be said that !r - :n Mr. ClifYord, and could swear that he was peace- trouble of going fo the Enrollment Office, might he had only a right to seize him for the purpose of es!: the entire night. even have a c opy of it ; and any lawyer, whose bringing him before a Magistrate, at the time that he iril,;'eo Harris 'v.-es at the Theatre, and saw Marlif- corkoity might be excited, could take it home to his was actually assaulting him, but that he had no right :d there; ()I- "5 minutes al . ter he came in, he did not i charnbt,ns. and search out as many flaws in it as he to seize him as he was going away ? If this could be •;:: whe he was ; but after he heard it, he ohserved might think pi opsT. The theatre then was a public argued, the man who assaulted him might say, that atter:vele, and saw re %sae, very peaceable. Mr. • theatre, and now the only questions were, whether the assault was completely ended at the time tnat he t-:: and had an t). I'. al his hat ; i.e was sotoding, on I there was a riot at it, and whether Mr. Clifford en- was knocked into the kennel, and therefore he had no hh benches ; there were a reuniter of people talking ; couraged that tiot E There was no way to judge of right to seize him at all. He trusted, however, that het ire did not think th°r , dY . Was :tilVethtt so great niter's meanings but by their actions ; they had no no Jury would be of that opinion, and that they ee in env former nit htc ;Le coeld !lot seleather window in thee- breasts through which their hearts must perceive there was a reasonable time after such • he: te was :Inv horns or not ; there were no 0. I'. can.; could be seen. The Jary would then judge by Mr. assault, that he would be at liberty to arrest the could ofi'en hear what was going on ; s.c heard Clifford's actions. The first witness had met Mr., person who had so assaulted him. If this were retie y scateeces. a Clifford, and lie proposed to him to go to the theatre:' not the case, and rioters • could only be arrested Philpot saw Mr. Cliii%rd at the Theatre ; they went to the pit : it was true, many liked the by constables, at the very moment in which they wes near hinn ;he moved down to‘ear,!s t::e stage, p ; some sent there to see the countenance of the were committing their riots, the consequence must be, - - 'lopthed l:cau.se he did not like his shtechot ; he • octet-, somc to sas-e the money, but as the witness either that a number of offenders would escape, or -, at• eeceedinalv quiet and peaceable; Ire (Plii;po') ever had Leen in the it before, he thought it rather else bloodshed would probably be occasioned by the ne more himself ; he did not make the 0. P. a bad tiu'.e to choose, for the purpose of-seeing a re- interference of the peace-officers at the moment that ' Vs"'. Mr. Clifford's move ta the st.:7,e was quite presentation. He often had gone to the pit, and the riot was at its height. It appeared to him, that eeehir ;itw as a es/weary move ; lie tiev.:r saw :•• t ell hoped ire should be able to go again ;he thought, Mr. Brandon was right in what had been stated, as as the 0. P. roves in his life. I however, that it seas rather an odd time for a man of to the circumstances of the arrest, and in telling the hiere the evidence for the Plaintiff closed, and 1 Mr. Clifford's rank to , t .,0 to the pit, and to go acci- officer ° take care of his hat," as that hat, with the Se cant Sup:pimtf addressed the .hr y, as : d en e s 4 too ! dr,ubt Mr. Clifford was all amazed I letters 0. P. in it 41 prove strongly his connection ee for the Defendant. Mr. BrandOn had been at the riot when he went in • but there was no riot,l and participation with the rioters. As to what pass. to them as a servant to the. Proprietors it seems ! What when there was such howling, ed in the Office at Bow-street, before Mr. Read, aid Manahers ef Covent-Garden Theatre, and had land sheroinee and noise, so as to prevent every thing though he had a very great respect for the legal, • .a. ca actf ire h onest ac. arge o f at), f rom cog oral. this was not a riot, • • i n ' l . d• 'b • d then it red knowledge of that. r ea tte i man, he would still say, that t ahted the Officers to take Mr. Clifford into quired to have some bones broken to constitute oue. in his opinion, Mr. was' wrong discharging. , •••.iikly. The facts of the case would soon ha corn- He thouoht if two or thee people pier together so Mr. Clifford, if an person had offered. to swear , laid lacfc.re them, and as to any doubt in' as to prevtat all hearing, it would cou6titele bad those letters 0. P. irk his . Mr. , I Brandon's case swat this :--tlaat Mlr. Clifford was. either rioting himself, or encouraging other people that were ibiotiug. If this were made out, his case was established ; if it were not, he must then al low that the case was not made out. He believed, ',however, that it was impossible for common sense to suggest any other reason for Mr. Clifford's going to the pit and wearing 0. P. in his hat, except that he went there either to join in the riots, or to counte •nane and encourage them. His case was proved by the witnesses of the plaintiff, and he would leave it confidently to the Jury under his. Lordship's direc, tion to say, whether the riots had not been proved ; and whether Ms. 'Clifford, by wearing the ensign of the rioters, had not made himself' a participator in their acts. When persons of a lower order saw, those of higher situations of life, and wholiad superior means of information, join their ranks, and wear their ensigns in their hats, they supposed those inn to be equally pledged with themselves, and were there fore the more encouraged to proceed in their riotous courses. The only question then would be as to what constituted participation, for it would be contra?) , to every idea of justice, that the fomenters of distur bance should go unpunished, and that the miserable miscreants who had been misled by their authority and example should have the whole weight of the re sponsibility. If any observations had been made in this cause, which were. likely to hurt the feelings of the plaintiff, it must be recollected, that that Gentle mrm had voluntarily come forward on the present occasion, and mado these observations nece. , :sary. He was not bmught into the Court that day as a defen dant, but had voluntarily come into it as a pl This situation was as much one of his own clmice, as it Was to appear in the Theatre with 0. I'. in his hat. He felt a:steong confidence, that the verdict of the :fury in the present case would have a powerful effect in putting a stop to those disturbances, by which this great town was now aeitated. tilt lents MM.:mm.l) (after a short conversation with the Counsel about the proof of Taunton's being . a peace officer, as alleged in the different pleas of tie. defendant), addressed the Jury to the follewing ef fect :--g , The present action is brought. by the plain tiff, Mr. Cliff ,rd, against the defendant, Mr. Bran don, for false imprisonment. The fact of the impti sonMent is confessed. The plaintiff was taken to Bow -street, before a Magistrate, and immcdettele dis charged. Nobody has given any account ef the tiaras don of the imprisonment, aid it must frem the cir cumstances of it have been only for a short time, probably not more than half an hour. Mr. Brandon justifies the assault and imprisonment by saying, that Covent-garden is a public Theatre, iiceuced forehe representation of Comedies and Farces, and that &w -ing the said representations, there was a considerable riot, and that the plaintiff was en instigator of the said riot. There have been some minor consideration; of law in the course of the present case, het the first great question for your determination is s Whether Mr. Clifford wasinstigating or encouraging the riots, at the time he was arrested ? It has been said b 3 the plain tiff, that as Mr. Brandon was merely a private per son, he could not legally.arrest any person af t er the riot bed ceased. It had been said, that there was no evidence of Taunton's behig a peace officer, as alleged in the pleas of the defendant, or of Mr. Brandon be ing a servant of the Theatre. If the Jury should, however, find a verdict for the defendant, he would save to the plaintiff the point riapecting the antieni4 of the persons who made the arrest, to be argued at a future day. It was sufficiently in evidence that Covent-garden Theatre was a place where plays were publicly represented. The plaintiff knew it to be so at the time he went to it, and made no objec- Lion at the time, either on the ground of illegality or of the prices. It was, therefore, to be taken as a mat ter of notoriety which was known to the Map,istretes, and all the world, that the Theatre at Covent-garden was a public place of amusement. The second ques tion for the Jury to consider would be, Whether, if they believed the plaintiff had been active iii iestigae ing disorder and riot at the Theatre, he was illegally unrested by Mr. Brandon, after the riot had ceased ? it appeared from the evidence addeceJ by the plaln ta that there had been perpetual liens at Covent-gar -4 den Theatre fer a great number of niglos. Mr. hie kins, the first witness said, that the noise was so ined that he could not till by the information of Ilia ears, what was going forward en the stage. Won, of such a nature went of course to put an end altogether to dramatic representations. He could not tell upon what grounds many people conceived that the-y had a I. right at a theatre to make such a prodigious noise as to prevent ethers from he tring what was going for ward on the stage. The Theetres weranot absolutely ne c essaries of li'te, and people were at liherry to stay away from them, if there was any thing in :he ma nagement of them which they die not approve of. 1 The word extortion laid been used by toe Counsel for the plaintiff ; but he could not see how it creed pos sibly apply to a Theatre. If a man, holeing a public office, were to demand more than his latsful rhea this would be extortion, and the law would perish him for it ; but he could not see how the tern could apply to ' the Proprietors of a Theatre. When the old Theatre was 'burnt down, the Proprietors were not bound to build another Theatre, although they had a patent which allowed them so to do ; but if ti.ey chose to ( build a Theatre, and risk their ferome upon it, they, and they only were the judges of what was a feheand reasonable price to ask for admission into their The atre. It was for ehem, Who knee the erpences .they i had been put to, to settle what was to be the admis. sian prices, from which alone they could expect to be indemnified. 'lt was almost impossible that . these I could be any thing like eetortien in the prices they should fix, ?or if the prices were unreasenable e the evil would cure itself, as in that case people would not go to their Theatre, and in a very short time they must be absolutely ruined and undone, This. was a !sufficient security to the public against any unreason able prices being demanded : but the Proprietors of the Theatre had a right, like other peepk, to menage their property in their own way, and to he what prices iof admission they thought proper. The Learned Counsel for the Plaintiff (Mr. Serjeant Broi), seemed to consider, that if the prices S 3 fixed were beyond what . wasjudged reasonable by the public they had a right to eepress thelr dissatisfactein in the manner they had done. From this dactrine he must altogether dissent. If the Propric --- ' ' e the , sditii of their patent obteinieg a to and if they hat • , !' ietors had acted contrary to ;ale conditions :nt, 111.4 patent itself rpight be set aside by :tire fac;as from the Court of chancery ; aad not aced contrary to their pataals talit •► 1 .4,-, r L