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

Mr.Paniel Wright was a most unimpeach- Alessi and if he could be impeached, it must be alliyend that sufficient industry was exhibited in the course of, this trial to find out something against him. • This industry was exhibited in subpoenaing no less eau three of the Royal.Farnily, and a num ber of the Peers of the Realm. These witnesses, although subpoenaed and attending, were not exa mined, and he would confidently say, that the only reason of subpoenaing them, was that there should be the appearance of something extraordinary in the present case, and that the public should believe that there was something secret and mysterious in it. When his Learned Friend talked of 4 , the principal juggler," and said that he knew who he meant, he must declare that his Learned friend was entirely mistaken. He did not know or conceive who was meant ; and if he had known, he should have taken care immediately to bring that man forward, if he was within the reach of a messenger. If the Jury were now to pause and consider how the two diffe rent cases presented themselves ; he would say that all the probabilities of the case were on the side of his clients ' • for it was the most improbable thing in the world, that Wright should have advanced a fur ther sum of 20001. when he had little chance of. re covering the 6001. which had been so long due. There was also hardly a possibility of construing the rc• ceipt in any other way but as an acknowledgement on the part of those who took it, that this 5001. was given, not in consideration of any whole debt, but on account of the goods sent into the house atWestbourne place. The probabiliticsof the case being entirely with. his client, he believed that the facts would appear so also, if the evidence was considered, which had been given by the present Defendants at the former trial. It was an extraordinary thing that the Prosecutor did not venture to examine Scrjeant Best on the present occasion, although he had been subpoenaed, and was then in Court. If he had been examined, he must have contradived that assertion which Colonel War dle made in his Address to the People of the United kingdom. The Attorney-General then stated the evidence which Mr. Stokes would give, and com mented with great force on the want of memory in the Prosecutor, who could forget that there was such evi dence in his power. to command. k!'. STOKES called and examined. Witness said he was an attorney; he was employed for the Plaintiffs in the former action , and for the De fendants in this. He was summoned to attend the /louse of Commons during the late enquiry. Before his obeying the summons, he went to see Col.Wardle, by his desire—[here the summons to Mr. .Stokes and Colonel Wardle's letter to him, were read]—He found Colonel Wardle at breakfast in his front drawing-room; a fire was ordered to be lighted in the back drawing mom, whither he and Colonel Wardle retired. He said to Colonel Wardle, What could induce you to call, me'as a witness r Colonel Wardle said, it 'eras to' speak upon the subject of Few's action. Mr. Stokes said, that Perhaps Colonel Wardle was not aware of the danger of calling him, as he was liable to a cross examination, and would be obliged to tell all he knew of the investigation ; he would be obliged to tell that Mrs. Clarke had told him that she expected to derive considerable advantage from her evidence ; he did not wish to be called to hurt Mrs. Clarke, but if called he could not help it. Colonel Wardle was then safe from his evidence, as, if he was called by the other', side, he could claim the privilege of secrecy as Mrs. Clarke's Attorney. Colonel Wardle replied, that if that was the case, he would not call him. When he was there, a Mr. Wright was announced, who Colo nel Wardle said was the upholsterer, who came to he examined by him, upon which he said, he hoped Colonel Wardle did not mean to call him, as he would do him much mischief ; because he could not claim privilege as an attorney, and then the whole circumstances of Colonel Wardle furnishing Mrs. Clarke's house would be discovered, and also his sealing Wright to him to bring an action against the Duke of York. Cobmel Wardle asked him, ilbe thought then that there would be danger in calling Wri,ht• ' to which he slid, he thought there would, as he did not think Wright would conceal the truth; and that even if he did, he had not head enough to evade the question. Colonel Wardle then said, What shall I do with him ? on wh;ch witness said it would be dan erous for him to see Wright at all; and then Colonel Wardle desired witness to go down himself and dis miss Wright, which he did. After this he got a second summons to attend the House ofCommons,upon which be wrote to Colonel Wardle, who told him he had not summoned him, and if the summons did not come from the other side never to mind attending. He did not attend, and heard no more on the subject ; be heard Wright was not summoned ; he was positive as to the fact of his speaking to Colonel Wardle of the circumstance of Mrs. Clarke's house being furnished; he did not write down his conversation with Mr. Wardle ; he did not bring in Wright to Colonel Wardle when Wright called at Colonel Wardle's 1 est he should be further committed. He made no com munication to the Duke of York, nor was there any communication made that he knew of ; he oever was at Oatlands, but he once got an order to see the grotto there, which he gave to some common friends of his and Mr. Alley's. He knew Mr. Wilkinson ; he told him about the furnishing of Mrs. Clarke's house last Michaelmas term, not before it ; his desire to see the grotto was merely curiosity ; he did not communicate to any one what be knew as Mrs. Clarke's attorney ; he told Wilkinson, on the indict ment for a conspiracy being found. Colonel 'Wardle WAS then again called. He re membered the circumstance of Stokes calling on him, l and of the tire in the back drawing-room being lighted. Stokes was summoned to the House of Commons on the business of Few, and he thought it better let alone. He positively swore that Stokes never assigned the furnishing of Mrs. Clarke's house as a reason for his not going. Stokes had received a second summons ; - A was, because Mrs. Clarke bad said, isiness she had honourably paid the she was freed, by having pleaded her Y.CENERAL adverted to the evidence :tile, and in doing so begged Colonel iporary absence front C ourt. [Co here left the Court.] He said, the 'ng him called was to contradict (ow he begged the Jury, in the first ler the manner of each in giving Colonel Wardle speaking ft.mn re- G:okes, in giving his ev ide nce, cau- tiously comparing it with written documents, their ' former conduct—ColonelWardle paying Mrs. Clarke £lOO, and suppressing the circumstance—Mr. Stokes doing no such thing; , their interest in the cause—Mr. Stokes none whatever to prevent his speaking the truth—Colonel Wardle every thing which could bias a man—his character—his former consistency—his future fame. He was pained in being compelled to draw these comparisons ; but it was one of the disa greeable duties of the profession, and hipwever pain ft:'., it must be performed—he thought it would be better for Colonel Wardle to have in in York shire than to have come forward thus to impugn with out grounds the testimony of a creditable witness. The respectability of Mr. Stokes was nct to be doubted, for he was in habits of intimacy with his Learned Friend, and that was a sufficient passport of recom mendation. Mr. ALLEY, during a practice of fifteen years at the profession, never felt himself so distressed as at this moment : he had to contend against the conflicting circumstances of duty and friendship : he confessed he was not ashamed hitherto of Mr. Stokes' acquain tance, but its continuance must totally depend upon the verdict of the Jury ; if that verdict bore out his testimony, of course be should continue to respect him; but,if it did not, then his conduct must he squared accordingly. It was said Mr. Stokes had no in terest. Were the circumstances of character, fame, and professional emolument of no concern ? Mr. Wardle had indeed no interest ; none but the public good. There was nothing which could possibly occur to-day, which could save him from the verdict of the former Jury as to damages, because in this and the former action the Plaintiffs were different : in this action the King was the Plaintiff, in the former action, Mr. Wright. But it was confessed that Stokes knew of the conspiracy against the Duke of York, and yet he did not - communicate a tittle of it to him ; this he could denominate nothing short of misprision of treason. He was taken by surprize in his reply, because the Attorney. General had in thecom mencement of his speech, said he would call no evi dence, and all of a sudden, towards the conclusion, had changed his determination ! He then could be expected exhausted as he was in body and mind, to go but on few points; he wished, however, chiefly to shield Col. Wardle from the imputation of interest. No ; be had come forward freely, openly and promptly to serve no other interest than that of his country ; he was indeed, a proud and independent client. Major Dodd was beyond all suspicion in his evidence ; it was un impeached, and would continue unimpeachable.— Major Glennie was in a similar situation; but Colonel Wardle, it seemed, was to be attacked, because he had given Mrs. Clarke £lOO ; the fact was, however, she could not have gone to see the Martello Towers without that sum, in order to discharge a few trifling bills ; and he hoped the giving her this would not be considered such a mighty crime, when it was con sidered that the witnesses for the Crown were paid, and that she was in a situation of all others, in which it was necessary to keep her mind as from all in tricacies as possible. It was objected to him that he did not call Serjeant Best; but the fact was, he had been subpoenaed only to defend Mr. Corfield, Colonel Wardle's former Attorney, if impeached ; and as Mr. Corfield had not been impeached, the calling him was unnecessary. He couldnot help defending himselffrom an imputation which the Attorney-General seemed to cast on him in consequence of the noise out of doors. He was not the slave of politics or party; free and unfettered in his mind and principles, he came for ward fearlessly to the discharge of his professional duties ; he was bound to no man, or set of men, but appeared there as the legal advocate of a casual client arlificiur in verba jurarc magistri." The fickle breath of popular applause was far from his ambition; it was, indeed, an ephemeral distinction—a mush room honour, springing up with the morning dew, and ready to fade before the cloud of evening. No : he wished only for an honest fame, and an unsullied in tegrity, which should accompany him to his grave, and then descend a pure and proud inheritance to his child. He now thanked them for their attention, and left them to the decision of the cause ; the eyes of the country were on them ; and Europe, he hoped, should see from a British Jury another monument of eternal justice. I Lord ELLENNOROUGII proceeded to charge the Jury. I His Lordship observed, that the present case w.is an Indictment for a Conspiracy against three Persons, two of whom had been examined as witnesses upon their 'oaths in a former action, and the third, Francis Wright, for having in his answer to a Bill, filed in Chancery, sworn to the truth of the other's statements. They might all have been indicted for perjury. Such would have been the correct course and feeling, as he ought to do, for the rights of accused persons; he could not but express his alarm at the new and almost unpreced cited course which was adopted in the pro secution of that day. By that course the accused w , ere deprived of almost all the means of being heard in their defence. They could not avail themselves of each other's testimony to retract any part of the accusation. If such a mode of proceeding should grow into prac. tice, by which all persons, whom it should be thought convenient to accuse, were combined in one aggregate prosecution, it was impossible to foresee the mischiefs which might follow. It was a hardship which he would be extremely sorry to see imposed at any future occasion upon the subjects of this land. Though the advantage of the written evidence was allowed, no person could deny the hazard and hardship to which the accused were subjected, deprived as they were by this process, of the possibility of producing oral testimony. It was true that such a course was lite rally legal, but it was a most grievous abuse of a le gal power. :n stating these as his opinions on the present method of indicting persons for a conspi racy, he wished to be understood as applying that idoctrine only to cases where the accused can be pro secuted in another manner. Much stress deserved to I he laid upon the first sum of money given by Colonel Wardle to Mrs. Clarke. His ].earned Advocate Ihad complained of imputations that had been been cast upon his Client's conduct, and how his mo tives in giving this sum of 1001. had been the sub ject of misrepresentation. In a case like the present, . where evidence was contrasted with• evidence, and ' : contradiction opposed to contradiction, it became the Jury to weigh well the probabilities. In that view 1 they would consider the cause of Mr. Wardle'. cue i nection, with Mrs. Clarke. What were his objego• through her instrumentally, and what were the is dueements of that woman to lend herself to his able la 1 ' ' the reason of that that in Few's ha: ) debt from which! 1 coveTture. The A.T TO RN E' 4 . of Colonel Ward Wardle's tempo . . l iv lonel Wai Ile he: nl);ect. of havin t IT. Stokes. Isk . i place,/to considl their evidence • 1 i cullectiun—Mt. 4 i. l , . . if' • , ____ views. If coupled with these various objects a in Palace Yard, and sleclined making man was to be found, and whether to gratify his until her presence might be necessary ambition, or to court a temporary popularity, af-1 fording to a woman of such condition, and to 1 whose co-operation he looked up for the 'oncefurther of his hopes, and the accomplishment of his 'object, money, either in the shape of a loan or gift, such loan or gift could only be considered as a bonus for testimony. Under such circumstances he who pursued his purpose by dealing with money, dealt corruptly. The Noble Lord next proceeded to recapitulate that part of the evidence which re ferred to the purchase of the furniture for Mrs. Clarke's house. Upon a point so contested by the evidence of the parties, a recurrence to the proba bilities was necessary. What carried Colonel War dle to select the furniture at Wright's ? Why should he have subjected himself to the perilous respon sibility, unless he went there as the paymaster ? These probabilities should be scrutinized ;—and it was the duty of the Court to view with jealousy the evidence of a man who came to contradict the oaths of three witnesses, padlocked as he would say by the very course of proceeding which this prosecu tor had adopted. To entitle any man in such a case to full credit, his conduct and his motives must be above suspicion. He should come into that Court, before he culled for the perjury of three others, inca pable of being heard in their defence, a witness in the language of the law, sg mei exceptions tneor." The next part of the evidence to which his Lord ship alluded was that of Major Dodd. In re. viewing that, it was impossible for any man to divest - himself of very strong sensations. Here was a person in a high confidential situation about the person of one of die sons of his Sovereign. He was aware of all the plans which were carrying on to af fect the Royal Brother of that Prince in whose confi dence he was. If he did not conspire, he at least held common counsel with the enemies of that high perso nage. Was such the feeling of a well-cast organized mind ? Were such the ordinary impulse of a well regulated moral feeling ? Did not such a course of conduct attach at least disparagement to the person who could practise it ? What would be thought of that man who, taking advantage of the confidence reposed in him, was continually at work to col lect for public exhibition, and for purposes of' dif fusing calumnies, such observations and statements, which he must say, and he was aware of the pre-' sence in whqm he spoke, a blameable indiscretion. ' had suffered to be wormed out of him. But if this was base (as base it was) in any private family, where confidence was reposed and fidelity expected, how aggravated must its criminality,appear, when committed against the family of the father of his people ? Again, view the conduct of Mr. Glen me. He, as it were, fattened upon the offals, whilst he extracted from this woman, now accused, those-observations which perhaps indiscreet affection had confided to her. The cause of all others de manded a dispassionate hearing. It was therefore with pain, he observed, the Learned Counsel (Mr. Alley) for whose talents he felt the highest respect, and of whose professional advancement he augured well, suffer himself to be made the organ of licentious statements, not only not proved, but incapable o being proved in this case. Why venture to state that Lord Chichester had given £lO,OOO to have Mrs. Clarke's intended publication suppressed ? There were other articles of inflammation, which, whether crea tures of *the imagination, or had living representa tives, were highly improper to be introduced. His Lordship reviewed the evidence of Mr. Stokes, which he pronounced to be of high importance, corroborated as it was by undeniable documents. With respect to his silence on the former trial, he said, that it was a testimony which no man standing in the rela. tion which he then stood with Mr. Wardle and Mrs. Clarke, would give but with reluctance. The rela tions had since changed, and it was also plain from the documents produced, that there was an in tention once to examine Mr. Stokes ' • that in tention was abandoned ; it was then for the Jury to consider to what cause such abandonment was attributable? With respect to the species of contradiction given to Stokes by Mr. Wardle, it was for the most part in his recollection ; and it was most true, that Mr. Wardle, unless be was determined to take leave of all pretensions to character, must dens !hat part which referred to the expectations of Mrs. Clarke and to the furniture of Mr. Wright. After some further observation on less important parts of the evidence, he exhorted the Jury to weigh the case with impartiality and due deliberation. They had in their hands the fate of three persons, manacled and fettered by the method adopted, thrown, as it were, into what he should call a complicated indictment for perjury, although the correct process was equally open and easy for the preference of Mr. Wardle.— The decision was with them, and he sincerely believed it was committed to well.pcised reasoning and honest minds. The Jury consulted in their box for the space of six minutes and then returned a verdict of—Not Guilty. The above Trial commenced yesterday, at nine o'clock in the morning, and terminated at eleven o'clock at night. It was expected to last much longer, as upwards of 70 witnesses were subpoenaed ; but the Dumber examined was comparative! y very small.— There is hardly any instance of a trial which ex cited so great curiosity and public expectation.— Long before day-light, the avenues to the Court were crowded to great excess. But although it appeared, on the sitting of the Court, that it was quite full, and that no chance or hope of admittance remained, yet the Hall was crowded the whole of the day; until, on Mr.Waeose's retiring after giving his evidence, the multitude brokeout into such noise and tumult, in cheering him, as interrupted the business of tl,;s Court, and obliged the LORDCHIEF JUSTICE to order lie Hall to be cleared, as stated in our report of the trial. Even then, however, they did not entirely disperse, but continued on the outside of the Hall, and in the neighbouring coffee-houses, and o:her places of public resort, to await the result. Among the witnesses who attended were, their Royal High nesses the Dukes of YORK and Kuvr, and the Earls of MOIRA and CHICHESTER. The Duke of G LOUCM TER I •M. W. WYNNE, Mr. TIERNEY, and several liar • • ed characters were also present. 'the come -of the day, Lords STANHOPE and and other Noblemen, appeared among the gra. CLAMCIE did not satisfy many curl , gentlemen, who had attended to take a peep at ,ser. We understand she remained at a coffee-house THE EVENING STAR LONDON. lished so animating a Proclamation to The Isabella, Gardner, from Malta is taken and carried into Genoa. TUESDAY, DECEMBER 12, PRICE OF STOCKS DAY AT ONE 0' 9 per Cent. Cons. for opg. 70t. 13 per C. Red. 69n—Exebeq. Bills (is. to 145. In his Speech to the Legislative Assent Sd inst. BONAPARTE says, " Since your last have reduced Arragon and Castile to submt driven from Madrid the fallacious G u , formed by England. I have planted my the ramparts of Vienna. Three month! the rise and termination of this Punic genius of France conducted the British has terminated its projects in the pes:ilenti: of Walchercn. I have united Jutland pirc, the Popes, become sovereigns of part have constantly shewn themselves enemie prepondering power in the Penninsular. " Sweden has lost, by her alliance mid after a disastrous war, the finest and moss of her provinces. This example prove Kings, that the alliance of England is the sage of ruin. " My Ally and Friend, the Emperor has united to his vast Empire, Finland, Wallachia, and a district of Gallicia." We have this morning received Portugni to the 26th tilt. The length of the Trial of King's Bench obliges us to be brief in but we have omitted nothing of importat. A Decree of the PRINCE Itecevr, dateden zils, 6th July last, appointed Lord WELLING• shat-General of the Portuguese Armies, besi, nating his Lordship a /*ember of the A, of the Kingdom. GRENADA, NOVEMBER The French army which occupied La tinues to retreat before our advancing Sierra Morena is now completely fortified. number of batteries have been constructed, stiU constructing, and the miners are incessant!: ployed in erecting new works. TRUXILLO, NOVEMBER The French evacuated, on the 13th of Arcebispo and Talavera de la Reyna. have already occupied the above post, nnd advanced parties as far as Oropesa. The . tors of this army will this day be transferred teda. It is said that a corps of the army. ded by the Duke d 4 Parque, is in T ' Reyna. The guide of that part of the Mancha, which arrived yesterday, was Dos Bassos, one league from Ocana. LISBON, NOVEM The Spanish Papers which were yester4 state, that the Spanish armies continue against the French, who have abandoned which they occupied. The arrival of hi Marshal-General Lord Wellington at his new hopes of glory to tht arms of our Allii The above are the accounts from Spai through Portugal ; but we have to ad( patches received yesterday from Seville, Mail, state that the Spanish Army of instead of advancing to Madrid, has fount venicnt to retreat. Here we hate of the true value of the Spanish garcon, neral ARESAGA, who succeeded General in the command of that army, and w' which he exhorted them to die nobly or capital, has at length found himself undt sky of abandoning his project, on account midable n u mbers which he had ascertainef had in readiness to oppose him in the neii of Madrid- He accordingly took the sure to fall back. JOHN BULL will, congratulated on the excellent dispositiol for this purpose, and to intimidate the molesting him in his retreat ! All the English goods landed in W: been re-shipped to prevent their confil enemy—the black flag was displayed the inhabitants that the arsenal and fortifica to be destroyed. It is reported that Lord CHATHAM has situation as Master-General of the Ordnance, that Lord HARRINGTON is appointed his COVENT-GARDEN THEATRE.—The night, although not so violent as on Saturda maintained from the entrance of the half tors to the anal dropping of the curtain, pertinacity. The O. P. phalanx mustered • particularly in the pit ; and, by their nr lution, and co-operation, seemed to bid, customary attacks from Bow-street on and rear. No attempt was mete, and passed over without any loss in wounded l'he house was cleared about halt past • The Minerva, CALLEW, from Malta lost on the Bth of October. The Addington, JoiINION E from Ma' on shore near 4lnwick, with four toet hold. LONDON : Printed and published by. LEVEL " terbury-Plase, Lambeth, at the STAR-OFFICI street. Published also at the STAl43ratct," appearant*. :ourt. ----- • 2. ).CLOCa.. —Onta. 21 p. • mbl7 oa the st Session, j 1 and Governm( y Eagles is have War. TLe Sll arrny—._; t alai marcher • l to the F: - . art of Ita;y, nies of ith England, )St important yes anew t o he surest pre- or of RUSS:7, 1 d. MOldt fC P. ignese Papers in the Court our extracts, • ince. 1 edett the Bra. a LINGTON Mar. I , besides nomi- .dministration VEMBER is. Mancha can. army. All ed. A great ; :ted, and are icessantly em. ?EMBER 16. inst. the post Our troops md push their 'he head par. (erred *Pert,. rmy, conut . Talavera de 1 he army of I Ls dismissed a VEMPER :erday received . rue to advance ed the positions his Excellese its army afford Allies; ;pain, receive add, that die e, by the Cadi 1 La Mancha found it on another prod Lsconade. eral VAN .GA who lately pul D his troops, i or regain the:. nder the nece :ount of the for isled the enem neighbourhoo. , e prudent mean I, as usual, itions he mad le enemy from Valcheren hay , . fiscation by th as a signal tifications wer las resigned hi )rdnance, an.; sis successor. disturbance its Saturday, wa• half-price visi Lin, with grey •ed very stron7 numbers, re I defiance to th on their flat and the nig;;' led or prisoner t ten o'clock. ato Hull, wi L! ta to Leith. i et water ill a to Liverpc• L KEN • tci, No. 1, C.:s: ,Temp' .: i;cr. her api . in Court.