Star. — London, England, 1809-07-04 00:00:00

c •elted it to Mr. 'Wardle. The sum mentioned wis , r ,e6OO. Colonel Wardle said he had it not just t ron ediately, but he would consult a friend, and give tr.:: an eswer in a day or two. Lor'l ELLI:NI3OaOVGII here observed, that since the taieLal' appeared to apply to Mrs. Clarke for money, t t,ce ouht to give her a release before he should ask b er . aily`further question ; and a release was accord gi.:en to her by the plaintiff's attorney, and she than asked, whether; after she had the 'release t ivre W. 13 any part of her evidence that she wished T~ tit ? She said not any. Mr. Serieant BEST asked her, whether she was a :inarriel ? She said she was ; on which the Le.inied Scrjeant objected that the lease was void, for :_ ; iven to her husband. rt GARi:OW said, they would release all the world Wardle. S:ie was handed a release for her husband. Mrs. Clarke then proceeded —lt was some time hare Colonel Wardle was prepared to advance the no nee, and then it was by bill. He told me he /:.td sent a friend, a Mr. Glennie, who, he said, was 2. Colonel of Engineers, to the plaintiff, to satisfy m. It was a bill of Mr. Illingswortles, wine-mer chant, in Pall-mall, for 4500, as it Would be improper for his. name to appear, as the investigation was to go e n Mr. Illingsworth called on me to know in what time the note should be drawn ; I told him in two r n„;:ilts. He said be could not give for less than • thr•-•;, and he had seen Colonel Wardle later than I had. I never had any dealings with Mr. Illings worth before, except once ; Mr. Russell Manners sen: some wine to my house ; I did not know where it came from, but I afterwards had to pay Mr. ll lingsworth £ll for it. He told me the bill must be fur three months, to. prevent any suspicion ; - and, fearful that any thine should get round to the public, he was to take a bill of me, lest the Plaintiff should make Srstne enormous charges, that he Colcnel W. would not hke to pay ; and the Plaintiff, if acquainted with the circurnstar.ces, and his enormous deman Is not answered, might be troublesi•me, and defeat the investigation. I iirt became acquainted with Colo nel ‘Vardie at Ledford-place, the latter end of last Autumn ; a person of the name of M'Callum wrote me a note, asking leave to introduce the Colonel to ; I did not know Mr. M'Cullum. I. answered it, and said, if Colonel Wardle would call on me the next day, i would be at home ; he came, about one o'clezk, and stopped until dinner time, near six - o'c:c.ck I understood afterwards that Major Dodd was walking up and down the street, waiting for him. I vas fearful of doing what Colonel Wardle wanted, as I thought he had not •beten long enough in Parlia t-nent,ancl.that he was not well enough known to the public. At the end of November, I w•nr a r• for tire or four days with Colcnel Wardle, Major Dod - • and Mr. Glennie ; •a lady was to have gone with me, Tina she disappointed me. I was obliged to go, as my finances were very low indeed, and Colonel Waraie v.is afraid that my friends would persuade me not to appear at the investigation. I never heard that Co lotel Wa: dle objected to pay the plaintiff's bill before three weeks ago ; I never quarrelled with Mr. War dle ; he has not visited me for those two months, but I am sure I do not know the reason ; my house was furnished entirely on the credit of ColOnel Wardle; he gave me fifty pounds the day before we set of du our tour, to pay off some domestic bills. She was cross-examined by Mr. Serjeant Ben. Q, V/hen aid you first know Colonel Wardle ?—A. At the !ear end of Autumn Of the last year. . Q. What nu you ‘all Autumn?--A. I define it thus; Septem- October, and to the middle of November. u. Was ii b i t tke means of your corropondertee with IWC.aI - that Colonel Wardle was introduced to you ?—A. y. s, if 7..ia call one letter it correspondence t but it is quite ritheuloas to IA so many q.ititions to that fact—p•aliaps you did not know Colonel Wardle at a Q. Wr; not your letter to MlCailutte dated : owmher I@th ? I do not knovii. llktter produced, and the back of it she ared to the vilt-.0 - as.] 1 2. Is tit parr hand-writlng i—A. It ts. 1 ! Winn lid you leave Begord-place ?—A. The f. flci or No ,f , Lr ; I went with Col. Wardle to visit the Martell° Tdotrs. was it you and Colonel lVardle went first to the 4 I.:IAA'S I:4lehousc ?—A. was after the 21st of Novent _r. vio Coloor.: Ware le order coals front the Plaintiff's ?—A. I.c .ve or.krs to the Plaintiff to indulge me in any i.iing A (2. You cl!d :lot g_t any money from . the Plaintiff ?—A. You %.d not. : ut Colonel Wardle pressed for money at that time ? Very likely be was, but he found money for me. %..ve pm quarrelled with Columl Wnrgit?—dl. .:3-. not called on me tlicse two months; I do nu know the you nlva. thrcaten ?—A. Yu • I wrote him a was tiLuated by Dr. iNict:alf. _ _ ySJ monq from Ceionel ?—A.lcilitd : ,Ate r..cn in, - ; for wire money; he aiked me into ids I dt.ctined it ; he came into the teach with me; he not any ; [roc as toe r.cgOCi.l63:l it closed between li:citne, it would not be adviseablts for him to advance me I.l,ney, until the investi,garion was over, but lte would send •.catlsuats to ray ar.d must promise never to men : •: . L.l, 111 to him afterwards. I - L did, on that day, send tile a 2.01. J 3 sr closed his examination. C.:Luke said—" If I am perfectly in order I ti:Tod to relate a circumstance that happened, I think it out of a question put to me by the Learned ;icrjeant, Whether I had quarrelled with oi , iurti;i Wardle ? His Attorney cared- on me last and served me with a subpccna • lie behaved_ it.' great po li teness . H e sa id, h e preferred serving on me himself, to sending . one of his clerks." L5l- , 1 EILt.:NBOROUGII--44 I do not think we can Lst.in to without it relates to some part of the evi e'r_•fore us." ::‘ , 1r3.. Clarke- l g My Lord, I think it does, and on ~ , a crqunt I . wish to state it." , fr. ATTORYEY GENERAL ••• 14 MyLord, the witness opinion Coat slic is justified by the questionsthat e Beer: p;..: to her to make a statement, the purport 4•11 n-itme of which I am perfectly ignorant, and be answer,tble for." Mrs. Clarke then proceeded-Lig Hneontintied; by Colonel Wardle was very honourable Man, the Attorney, had returned him for Oak ; bat he, Mr. 'Wardle, was determined to tins action, and that Mr; Serjeant Best would :i..r hp, .expc\ ,. .e her in his cross examination-- '..;i. Mr. W.....rdie had. cffere...l to leave it to arbitra : ; and if that was not agreed to, he would say it v t trick of Ministers, and they had bribed her to ". Mr. Nr.Y G If r,- 41 I have one clues to r. :t t.l.c V. - itness, under your Lordship's r). Hav:• 71..1 lyNn.brib•!(l Mc“: certirly not.: by bcricant . „ • • Q. You sew you have not beta. bribed P--4. I . 1 4 a, been worn already.. - ' • .; • Mr. Daniel Wright (the Plaintiff's brOthei) colt= . firmed Mrs. Clarke in every. particular as to the credit given to Colonel Wardle, and said, that he called in a gig, when he was told that Wright Wanted money, and asked whether a bill would not do as well ? Being told he wanted 5001. or 6001. be said he woulclattend to it immediately. He also stated, that the defendant looked out the sideboard.M that Major Dodd and he chose the carpet ; and Mrs. Clarke yielded, because she said they were to pay fur it. The amount of the bill was originally 19141. and 5001, being paid off, there were 14191. lets due. No goods were sent in on credit till after Colonel Wardle had called. His name was not mentioned, but he knew . him by si. 4 llu. The goods sent in to fit up the house, at first, to the amount of 2001. were afterwards chirged to Colonel Wardle. They began furnishing about the last day of November, or the Ist of December. Mrs. Clarke was not in the house till after the furniture was in. - Oh his cross.examination by Mr. PARKE, he said, the bill contained a charge of 261. for earpenter's work done, which was not ordered by Colonel War dle ; this carpenter had done repairs to the kitchen There was a charge also for 91. 15s. for coals, phis terees work, 211. ; painter's work, 181. One item was a tasteful figure of Mirth and Wine for a pith-, that is, a lamp supported by a figure, 141. ; a Grecian sofa, 501.; another Grecian sofa, 431. ; chimney-• glasses, 200 guineas ; French window-curtains, two sets for the front drawing room (there was a third set enumerated in this charge), 931. 16s. ed. these we:e without the cornices; and a charge also of 91. 4s. for ireiurance from fire. Mr. Serjeant ties:, for the Defendant,. denied that he was liable to pay. He said that Mrs. Clarke and Mr. D. Wright contradicted each other materially as to the 2001. worth of furniture on hire, and also as to the time when the furniture leas sent in on sale. Mrs. Clarke at first wished to make it believed that the transaction took plied at the and of Autumn, in order to include many things which Colonel Wardle could not possibly be required to pay. They differed as to the 2001. worth of furniture on hire. One said that was • taken back, the other said it was passed to the De findanes credit. This was clearly within the statute of frauds, and the promise should have been in writ ing. With these contradittions he called upon the • Jury to reject all the testimony of Mrs. Clarke, and of Wright also. There was good reason why the Plaintiff should trust Mr:. Clarke, b:canse she was 6001. in his de t, and ht knew her intriguing spirit, and thought it better to trust her with goods to enable her to keep up appearances. than to let her sink into insignificance, by which means he would lose his money. The insurance of the goods sheaved that he looked to Mrs.,Clarke as his security. As for Mrs. Ch rke, she was a• woman whom nobody ought to believe. She was the most artful inventor of a ficti twos tale that ever appeared. As to Major Dodd, he could not call him, because he did not believe he was present.—(One of the Jury asked here, why the •. bill was given for .5001, and in whose name ? To this the Learned Serjeant answered, that it' was all a fahri;ation.) - In this case Colonel Wardle's honour was at stake; for Mrs. C. wished it to be understood that all this furniture was given as a bribe for her to appear in the House of Commons. • The Jtiry would surely not invade both his property and his honour, upon the testimony of a woman who could 1.. c be lieved in no Court of Justice: If he could judge of ColonetWardle by his own feelings, he said he was sure after the exhibition she had made to-day, it was impossible that had that happened before the motion against the Duke of York, he could have attached any credit to her testimony. There were no dates to any particular items through out the whole bill. Lord ELLENBOUOUGH summed up the case, and complained both of the plaintiff and the defendant. The one he said, had introduced charges which were evidently unfair in his bill, such as the insurance, the plaisterer's bill, Lcc. [These were given up by the Attorney-General.] There was also a cliarge fOr kitchen furniture; but that was sometimes supplied by pervms who furnished the house, and the Jury w0u..1 inquire whether that was within the scope of the defendant's order ?--On the other hand : the de- I Pendant had denied the circumstance of the bill, but ha would do that at his peril ; for if he denied it, then the charge would be so much increased. His Lordshilo likewise thought, that if credit was ever given to Mrs. Clarke for the 2001. worth of furnitu7e, tlut slik.nld have been provided for by a promise in wri ting. His Lordlip then detailed the evidence, be cause there were some mistakes, or some inconsisten cies in the dates, some of which were hastily applied to things which were not accurately settled. There was some little confusion in this respect, which could onlv be -leased up by reading the whole evidence. The .fury retired, and about nine o'cl.)ck brought in A verdict for ;lie plaintiff, deducting the ‘2ool. the 50:11. paid, and. also all the items for phistering, painting, insurance, &c. which are to be taken out of the bill by the officer of the Court. CREW. CON. LOVEDEN, Er.Q. V. THOMAS RAYMOND BARKER, rso. This was an action brought by the Plaintiff, who is a Member of Par-liar/rent for Abingdon, against the Defendant, who is the sen of a Gentleman of for tune, and is a Lay-Felldw of. Merton• College, Oxford, for criminal conversation with the Plaintiff's wife.— The Plaintiff had had three wives, the last of whom, his present wife, is about '25 years of age, while the Plaintiff himself is upwards of 60. The Defendant was an intimate acquaintance of the family, and evi• dente was adduced to prove a criminal connection between, the Plaintiff's wife and the Defendant, at no less than eight different times, although only two of these times were relied upon, the rest going to prove only an improper familiarity between the parties. Two grooms of the Plaintiff deposed, as to the Plain tiff's wife and the Defendant frequently riding out together, when at one time they. ent into the nursery ground belonging to Mr. Henderson on the Edge.' ware-roadeand were observed to get into the summer house in close conversation together, the Defendant laying his hand upon the lady's shoulder. The Plaintiff's Coachman and footman also stated, that' in May IEO6, the lady took the Defendant up in her landaulet, the blinds being closed,in Bond street, and set him down at Temple.har. It was hot weather, and she had, been accustomed to have the carriage open; but this day she had it closed, and ' 7 ••* '' . ' • • • 3 . . .. . . - : hen • got .5....' .'. 72.7 . 1: • .•• very swarm . . • • the out, she looked .. • . • • 1 • listitAitleffitiitege; under-601er tb d e • Plaintfff s —na stated that in August 1808, he had reansti to suspect that Mrc Lciveden had received the Visits Of the De fendant; and though she denied ,that he had been there, yet upon hearing a noise, he ian out of the house with a pistol in his hand, and late at night caught the Defendant attempting to leap .over the palings ; and get through a plantation adjoining - the house of the Plaintiff at Bruxton, in Berkshire 1 that i he then expAtUlated with him upon the impropriety of his coming there after being admonished against it by his father, and by Mr. Cox, son-in-la*to the PFain tiff. The efendant then took Hastings by the Band, and promised him never to come there again; when Hastings also promised never to disclose the secret; provided he never trespassed upon his master's pre mises again. Hastings returned n the house, and kept the secret with respect to all but. Mrs. Loveden, to whom he immediately communicated what had passed. On Friday, March 10, she Plaintiff was at Abingdon at . A meeting of the Local Militia, when it wat suspected in the family that the Defendant's visits would be re ceived. Hastings then ile)ught he heard Ile, fl racy window open, and that the Defendant was admitted by • ' Mrs. Loveden. At about nine o'clock she ordered him to bring a glass of wine and water into the library. 'l!lie Defendant was not there then, but the butler suspected he was in the study, which was on the other side of the stairs. Nile. LeVeden went rasher earlier to bed that night than usual. Hastings sus peeling that the Deteadant would go from the study o ;tic miseess's bed-chamber, watched till nearly two o'cic ck iii a place wl-.e-e he could see her die r, but observed nobody enter it. He then went to bed, and i the next morning went to try the door of the library: He found it was locked, and asked Mrs. Loveden for tine key ; she said 11_ had no key, the Plaintiff always keeping it with Yrn. Hastings then said, there was a fire left burning and he must examine it. He after wards procured a carpenter to put a lad4er against the window, and to open it, and the Defendant was found' in the room with his boOts on, and his great coat on his arm, endeavouring to hide himself behind the door. He was afterwards released by Mrsb.Love den, who found a key - for the purpose. HastingS afterwards went into the room where Mrs. Loveden and the Defendant were, when Mrs. Loveden said, they, meaning the servants, had ruined her. The Defendant said he made a great fuss about nothing ; he had only come to' expostulate with Mrs. Loveden, and to prevent any . further communication by letter between them. Hastings then reminded him of the promise made to hiine and told him if he had as ted honourably, and kept his word, he should have kept the secret from all the world: The Defendant never admitted he had any improper intercourse with Mrs. Loveden. Hannah }rains, the lady's 'maid, said her mistress usually had her to sleep in thesame bed With her in the absence of-the olaintiff, but that being at the defen dant's father's on a visit, and the Irlaintiff not being there, her mistress changed her usual custom, and the witness slept in an adjuming room. In the middle of the night, she heard a as if the bolt of the d.)er was raised, and somebody entered it. The bed *4IS tumbled unusually t and the nest night Mrs. Love den desired that the door might not be bolted. On the morning after, the 10th of March last, the witness examined the bed, and found it very much tumbled, so as to leave no doubt on the witness's mind that two persons had slept in it. Another of the servants also stated, that on a Sur.- day in last summer, the family went to church, and Mrs. Loveden stayed at home, when both she and the Defendant were observed to come out of the sum mer house after having been there a long time, the Defendant leaving the house before the family re turned. Mrs. Loveden had not eloped with the De fendant, but was new liv;ng 'with her another. She had no children by the Plaintiff. Very slight evidence was given as to the manner in which they lived together, but the Defendant did not attempt 10 chew any misconduct on the part of -the Plaint,tr. Lord El. LESBOROCOII told trte Jury, that the only question •was, whether the adultery had been consum mated ? and the Jury, after retiring for about an hour, found a Vertlkt for th: Defenda:.7t. ELI EWEATHER V. CHANDLES. In this action, which was bronght against an At trvney,.for breach of premise of marriage, the only object WAti to clear the Plaintiff's character, and the Defendant consented to let a verdict go against him —Damages .4'500. SATURDAY, ATLI' I.' TILE. KING v TILE Emu, or PORTMORE. This was an indicttilent fir not repairing a bridge over the river Wye, in the county of Surrey.' The only question was, whether the Noble Earl or the county was Lound to do so ? And after a good . deal of evidence, as to the usage for sixty years, the latter was found to be the case, and therefore the Jury - pronounced it verdict of—Not Guilty. I.!Br WIT OF THE SUBJECT.--.SAPIN V. DE BURGH, ESQ. AND OTIIERS. Mr. PARK opened this case, which he said-was very different from that of yesterday against Mr. Conant, the Magistrate, and would have, he believed, a very different result. It was an action for the false impri sonment of the plaintiff, by Mr. 1> Burgh, Sir Chris topher Baynes, and Mr. Perry, three Magistrates of the county of Midulesex, sitting at the Petty Sessions at Uxbridge, in October last. The plaintiff was the son of a horse-dealer at Hounslow ; was drivi,ig with his horse and cart, he riding .on 'the shaft, and they were overturned ; and ne ill-treated the horse, for which he was subject to a fine of ten shillings, by Act of Parliament ; but, instead of taking the fine, , tllese Magistrates had sent him on board the tender, whence he was conveyed to the ?gore, and was kept for about five weeks, and until he was liberated by Habeas Corpus.. Mr. Park said, he was an advocate for submission to the authority of Magistrates, su preme and subordinate ; but this was a Wanton excess of authority, the like to which lie had never witnessed for the thirty years he had attended the bar ; and for which he called for serious damages, for the protec tion - of the liberty of the subject. Mr. Atkinson, a farmer, and friend to.the plaintiff's father, was before the Magistrates at the Sessions where Mr. De Burgh stated, that this young man, Sapin, was riding on the shaft of his cart; was shawn • by one horse ; add, tbrou,sh the lad's own inisma nagoment; the horse fell, and th en he be:OSM * ecruelty;: by which; as he was riding oil the shaft, he lte had incurred the penalty of ten shillings by the Act of Parliament ; and the yoting man was brought be• fore them for this offence. The m'iney was pi AV, at one time, but they told him he might take it up, and he must be sent to the cage, and taken from thence to the tender. On which, both the young man and his friend, the witness,. said they lieped-Tne Magistrates would be pleased to mitigate their sen tence, aid not send him to the cage ; that they Would pay the fine, whatever it was. The Magist at.., •r. d.red them both out, and ordered the plaintiff to be taken to the cage, where Ire• was kept .secure. The witness was kept out about an hour and a half ; he was then admitted, and all the Magistrates were still on the tench ; that is, Mr. De Burgh, Sir Chriito pher Baynes, and Mr. Petry. The witness said, that the young man was sorry for what he had done, and hoped they wculd mitigate their order ; and that he was ready to pay any fine. ." And I, (said the wit nesS) xeould be bound for him, for any sum which they would zequire. At the tithe I made this offer, theyoung man was in the cage, and had been for an hour and a halE I stated to them, that the young until vas then in the cage, but I hope 4 they would mitigate then order, and let him go lame with me ; for that I would pay any tine, and be bound for his future good behaviour. Mr. De Burg h made answer, It was done by the whole Bench, and ' it could not be altered. And this was in the hearing of the whole Bench, for they were then sitting all together. Mr. Perry said, He should go on board the feeder, and go to sea. I told them, that he had good friends, and that it would be a great deal of trouble to get him back again. Mr. De Burgh said, I had oeen to a Mr: Walford, an attorney, to acquire that knowledge, how to 'get him back ; and that, for my pains, it would cost me a pretty expence. Says he, What a pretty expence the lawyer will bring you in for it, if you do !' And then said, That I might go home, for . that he sluiuld go on board the tender. On which Iwent home ; but first went to the young man, and told him that he must go on boar.' the tender, and that I would go to his friends, knowing it was in my road. I afterwardi made an affidavit of the facts before my Lord Ellenborougli." John Watts, a constable, proved the taking this yOting man to the cage, and of his being kept there for about an lititir and a half, and then handcuffed by order 'of the other co nstable, end then, by order f these justices; taken on board the Enterprize Tender, then 1) ing off the Tower: Captain Richbell, who coindianded the Enterprize, off the Tower, proved this young man, the plaintiff .Sapin, was brought to him on the evening of the 17th • (*October last ; remained under his care until about the tl2d; when he was sent to the Note; to Admiral Wells; whither they are sent from the Tender as fast as possible. There are no beds for them on board the Tender: Lieutenant Antiitri received this young man at Deptford, in whose care he was a few days, and thence he was sent to the Ceres at the Nore, and where, it appeared, he was kept until the 12th of November, and then discharged by Halvor Corps:. Mr. GAItIiCAV said, he was very much concerned for these Magistrates, for whom he was Counsel, but whom he could not defend against a verdict in this case ; and it would only be to their disadvantage to try to justify their conduct in this instance, however respectable they might be in their general character. They had certainly mistaken the law in this case; the truth was, that this young man was driving his cart in such• a manner as to endanger his own life, and the lives of others his Majesty's subjects. The horse had fallen, and he had ill-treated the animal for that which was the - effect of his own fault, and was thirefore a proper stl)ject of animadversion, and might have been fined ; bin the Magistrates had gone beyond the limits of their power ,by law, in sending him on board the Tender ; but as there was here the absence of all »lake, and this was a mere error in judgment, he trusted the damages would be mode rate. Lord ELLENBOROUGH.—" This certainly is a cas e deserving of very serious damages; for we shall all bold our liberties upon an extremely precarious tenure, if, upon such pretences as these, any of his Majesty's subjects are to be thus treated with impunity by any class of men whatever. This is a fit case for ample retribution. Here is a young man torn from his re latives and home, manacled like a felon, and cast i into a prison-ship, where he has no bed. • I do not mean to insinuate that he was there treated with any more than the ordinary, and, perhaps, necessary ri gour of such a place; but this is a discipline to which this young man was not subject by law ; and there + fore he lras a right to complain of it, and to ask corn ; liensation for his insulted feelings; for all his suffer ; ings have been the consequence of the misconduct of the Magistrates. At the same time, Gentlemen, you will in no ca:e be outrageous in your resentment of the ;misconduct or those nho come before you ; no thing will lead you to what may be called excess; but this young man has a right to ask of you to make him a fair, adequate, and ample reparation in da. maces." Verdict for the Plaintiff -damages 5001. w hi c h happened to be the exact sumlaid in the declaration. COCKPIT, WHITEHALL, JUNE SO. Before the Most Noble and Right Hon. the Lords . . _ . Commissioners of Appeals in Prize Causes. Sophia Elizabeth, Henrickson master. This Dani,h vessel, laJett wi:11 bricks and linen, bound from Tomungen to Algesiras, was captured by the Hero privateer, and brought to Plymouth. —This was au appeal from the High Court of Admiralty, from a scr.tence of condemnation, on the ground of violating the bloc-, kade of the Weser. Their Lordships affirmed the sentence, which also decided the tate of the Kleine Jurgen, Henricksal mesns, and the Charlotte Sophia, which wore coadeninid on the same ground. TRAP BALL.-A-A Grand Match for One Hundred Guineas a side, will be playei for at CHAPMAN'S Ground, Lambeth, on, Thursday next, July 6th.— The &Hawing is a - Lorrect lily of the players: Woon, BETA N, NILIGHSOUIL, , • H °GUNS, Gamin; CRAtic, • ENSOR, GAGE, ' Nu, ALLINGHAM, WAVES, • HAaa4 ROEPET, . M OGRIDCW, HAlais!, kksas, BLI , s, - ' Ilitnitannsm, • COzaziir, Ova... 1 4, i . 1 1 •I, • II A Ij I 1 I • it ) •