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

'I (~ ~~ EA+ . • had merely fixed a pr i c e. on the admissions, which apreared unreasonable to indisti - duals, those individu ah; might stay away, and afe. - Managerkrold be compelled, by a sense of their own interests, tp fix a fair and reasonable price. As to the private boxes, he believed there were some in the lila-Theatre, and also in Drury-lane Theatre ; and he could not sir why the Proprietors had not a right, in this instance, to use their 'own property at their discretion. He Conceived it impossible that any thing which had been so done by the Managers in raising the price, or in making same boxes private, could be any sort of jus tification in law tet such scenes as took place on the right in question ; scenes wh:ch were a disgrace to the country, and which tended to bring us back to a state of barbarism. If questions of this nature were to be determined by multitudes of r co r k assembling tumultuously, and behaving in such a rnenne: as to frighten numbers 'rem going to the Theatre:. there would be an end of the law. It appeared in evidence that such was the behaviour of many people in the pit, that it was necessary to stand upon the benches for fear of being crushed. Under those circumstances, nu man who had net very strong nerves could ven ture to the Theatre ; or, at all events, no man would suffer his wife or daughter to go there. It was time for the public to understand that the proceedings which had lately taken place at the Theatre were illegal in the highest degree, and that all those who participated in them were liable to he punished severely, in proportion to their offences. The tumults which had lately taken place, were compared to that noise which had at all times taken place at Theatres, in the imme diate expression of the feelings of the audience upon a new piece, or the merits or defects of a particular actor. The case, however, was widely different.— The audience had, certainly, in those cases, a right to express, by applause or hisses, the sensations which naturally presented themselves - at the moment; and nobody had ever hindered, or ever would hinder, the exercise cf that sight ; but, if any body of peopl- were to go to the theatre, with the deliberate intention of hissing any particular actor, or even of damning a piece, there could be no doubt but that such a deliberate and preconcerted scheme would amount to a conspiracy, and that the per sons concerned in it may be severely punished.— This being the law of the case, it was for the Jury first to consider whether there had been any riots at the Theatie on the night alluded to, and whether Mr. Clifford was not to be considered as an instigator of those riots ? The law is, that if any person encourages or promotes, or takes any part in riots, whether by words, signs, or gestures, or by wearing the ensign of the rioters, such person is to be considered as a rioter, firr in this care all arc principals. If any per sons endeavoured by riot, tumult, or disorder to effect an illegal porpoPe, it came under the legal description of a riot ; and it was not necessary, to constitute that crime, that personal violence should have been com mitted, or than the house should have been pulled to pieces. He was clearly of opinion, that the scenes which had been described did amount to o riot ; and lie thought it could not be said that it was not with. out some terror ; for he believed none of the JUry would venture to permit their wives and daughters going there during those disturbances. Would it be said that the mock fights which had been described did not occasion some degree of terror ? Must not men who entertained a different opinion, and were fr:endly to the Managers, expect to meet violent ih treatment? He could rot conceive under such cir cumstances what could have brought Mr. Clifford to the play, or induced him to take his seat in the pit, except for the purpose of taking part in those tumults and riots, or at least to counter:l.lm avid encourage them. The noise was described by hi-; particular friend, the first witncsc, as most outrageus : he had compared it to the noise of a thousand drunken sai lors ; and said that it was impossible for him to hear what wasgoinK f.•rward on the stage. When Mr. Clif ford came into the pit, he was welcomed by the salu tation of " Env caw.; the h:lttst Co:it:ld/or !" and way was made for him to g o to the centre nf the pit.— Ile Learned .Indge here slinrtly recapitulated theevi cience...],--As to the plaintiffs r.:ak and situation Co the NVOI Id, it made his n'aple eeeeliarly ririchicv oui. Those in an inferior situation, and of less know ledge et the law,. thonelo his example was a protec tion to them ; *ad, thixe!circ, his wearing Q. P. in his hat produced a x-ary different effect front what would have been the consequence of similar conduct in a person of very infliior sitoatioa. How did it happen that lit his eirtrance v..as saluted by the o;iserva tion, " Ilere c. roes the h.mt-t Counsellor ?" • HOW had he deserved this f.ectiliar panegyi ie ? How came ,. it, that a word f;orn h:m wa-. suflis;.ent to prcyent a man from 7pri:-;:ing his ra::le ? That was a circum stance which prov:l that he had great taPaience and authority among than. If he in any way cuceura ged the tic.ters, lie was ~ , z ;1-y. Why din he go to the thevre ? as it f. r the purpose of seeing the play ? Dia he not koory tle meaning of the letters 0. P. ? and if lie did, why did be allow them to re main in his hat—unless for the parpoF of encourag ing these people, by his extlmple, And impressing upon them an opinion that they were right ? He first told another person that there v as no harm 'in wear ing the 0. P. and afterwards permitted those letters to be placed in his own hat. Upon ail there circum stances, it wits f it the Jury to exercise the:: lodgments, and consider whether be was not assisung or encou ra:zing those riots? The next point was as to the leselite of his eppre hensions. He must al ow, the rtilc of law was, that no private person could an est another for abate breach of the peace, at a time subsequent to the commission of it, without a warrant from a Maoistrate. If the riot had beat over a long time, and taken the 0. P. out of his hat somehow , . before, and mood to give any to.sintanee or encontagemetzt to the rioters, Mr. Brandon, or no Other private person, wou ld be j u st;li,!d in arresting hint without a r'arr:llt for such his past offence. There was a contrariety of testimony as to the fact, whether the performance was, or was not, completely over? If the performance and the riots had lieu completely at an end for the night, the arrest would certainly not be justifia'ple in law. law a private person had only a right to ar rest a p• rson rioting or breaking the peace at the time of his et mmitting stub offence ; but the Jury would cowider, what was the ordinary and fair signification of the woids at the time of his committing the said offeece," an I whether they did not apply to the el: Fan:slams to der which Mr. Clifford was arrested' If, however, the Jury should find a verdict for the plaintiff, he•would request them to state tp.-thn the grounds upon which they so found, whether it wsts from their opinion of the arrest being illegal in point of time, c.r whether they did not believe the plaintiff to have assisted or encouraged the riots ? The Jury then retired to consider their verdict. Sir JAMES MANSFIELD then addressed himself to the multitude that filled the Court ; and said, that he hoped the many who had been misguided, wool(' now understand that their conduct was illegal, and that it could no longer be endured ; and that they would subject thernselves to very heavy punishment, if they persisted. The Jury, after an absence of about ten minutes; returned with a verdict for the Plaintiff—Damage:five Pounds. Sir JAMES MANSFIELD wished to know the grounds of the verdict. The foreman of the Jury said it was their wish to give a general verdict, without entering into the particular reasons of each individual. lie afterwards said, that the Gentlemen of the Jury were unanimously agreed that the arrest was illegal, al though some were more influenced by the manner and time of the arrest, and others thought that Mr. Clifford had not, merely by wearing 0. P. in his hat, become a rioter, so as to justify his being arrested. Sir James Mansfield expressed much regret at the i verdict, from which lie feared very ill consequences were likely to result. The trial lasted from ten o'clock in the morning to four in the afternoon. Before the doors were opened for the admission of the public, several persons got in and filled the galleries. A most violent rush was made when the Court opened, and, in short, we never witnessed more anxiety on the part of the spectators I on any similar occasion. The Hall displayed a nu merous body of persons of all descriptions. Several fights occurred, and many persons were severely bruised by the pies-ore. The gallery on the felt of the Judge was hired for some of the defendant's , :friends, but in consecpience of the crowd, but few of them occupied their seats. • Mr. Kemble was in Court. with Mr. Brandon, and several of the performers of both theatres. When the Special Jury appointed to try the cause was called, there were but five Gentle• men present, and the rest of the Jurors were called from the Common Jury. The Foreman of the Jury, Mr. Pitt, was one of the Special Jury. A number of Ladies were impelled by curiosity to visit the scene of litigation ; they were, however, soon forced to abandon their object by the pressure of the crowd. Mr. Clifford was in the Court of King's Bench, defending an action, brought against Mr. King, for a libel in The British Guardian. When the verdict of the Jury was made known, it was received by the many in the Hall with a shout of approbation, so loud that Lord ELLENBONOUGII was obliged to pause till it subsided, in the midst of his charge to the Jury, in Mr. King's action. THE EVENING STAR. LONDON. EDNESDAY, DECEMBER G. PVC/T. OF STOCKS THIS DAY AT ONE O'CLOCK : S per Cent. Cons. for ou. 7011. 3 per C. Reduced 696}-omnium pr. We mentioned yesterday the arrival of dispatches from Cadiz. They were from Mr. FRLRE (not Mr. JACKSON, as printed by mistake.) and are of consi derable importance. There have been some move. ments at Seville, indicating something like 'a revolu tionary spirit, arising from popular discontent, ex cited by the apathy of the Central Junta. We have not been able to learn the particulars precisely ; but a l;rother of the celebrated Genera; PALavox. has been arrested at Seville, - cli: . :rged with being concerned with a Count Moxwo in a plot against the Govern ment—that is against the Junta. —No battle had taken place, as reported yesterday; but the Spanish army of La Mancha had crossed the Tagus, on its march to Madrid, in the vicinity of which a battle is it stems expected to take place kelore the Patriots can take posses4ion of that capital. Paris Pap , ;is to the 29th ult. and Dutch to the 2,1 instant, reached 113 last night. The EmPaEss of At ST WA is recovzred from her indisposition. A Proclamation, pretended to be from Horwt to the Tyrolese, advising immediate submission, appears in the French papers ; but the stile and composition be tray evident marks of fabiication.—The Arch-Duke CHATILES is dangerously was to be eva cuated by the French on the 19th ultimo.--Some disturbances have taken place in Gallicia, and both French and Austrian troops were marched towards that quarter. A serious insurrection has also broken out in Bosnia. That in Carniola is said to have been • queilcd. Ail the accounts from the Continent concur in re preserting the. passage of Frc..nch troops towards Spain a , :neessant. They march with their usual ra 7 pidit, never halting twenty-firar hours at any station. Ti:c press of mattor which demands insertion in our columns this day obliges us to be very select in our extr 'cts from these papers. The following are the most imporl.r.nt articles they present : MIRGOS, NOV. 6. ge A Spart;sh corps, of fr:7m 30 to 33,000 men, had marched to Salanianc:l, hich ‘%%:s ccctipied by one battalion only of the sixth corps ; but the arrival of General K ER NIA at the head of several regiments, and of General Dr.ssoLE.s, with the division of reserve,. enabled the (tit corps to resume offensive operations. Salamanca was carried with fixed bayonets, and the insurgents completely defeated. MADRID, Nov. 6. . _ Authentic intelligence bas s been received, that 100,000 choice troops are on their march to Spain. His Excellency Marshal Duke of DALMATIA arrived the slay before yesterday in this capital: He has Surrendered the oommand ofthe sth Corps w Marslral Duke of 'rimy's°, and now performs the functions of Major-General, under the immediate orders of his Ma jesty. Preparations, it seems, are now every where made in Spain for the arrival of his Majesty the Ern peror and King, preceded by a numerous corps of troops. The English, as well as the members of the j Junta, who are in their pay, tremble at the name of the saviours of the country" " BAYONNF, NOVEMBER ;6. di Every preparation is making liere f..)r the receli tion of our beloved Emperor. a The honorary guard, on horseback and foot, is again in activity, and exercised daily. It has under gone some change, by which it is rendered more elegant. " A number of English, Portuguese, and Spanish prisoner* every day pass through this city, on their way to France. a Marshal NEY (the Duke of Elchingen), is ex pected here every moment. He will again take the command of the sixth corps of the Arnly of Spin. Our Mayor has, by a. Proclamation, announced the speedy arrival of a great:number of troOps, who are on their march. From 20,000 to 25,000 men are already mentioned, who will pass through this city between this time and the 2d of December." The Gazette of last night contains ;he official de tails of the reduction of the lonian Islands of Zante, ' Cephalonia, Ithaca, and Cerigo ; but the length of the Trial CLIFFORD v. BRANI/ON, and of the proceed ings yesterday in the Court of Common Council, have so completely occupied our columns, that we must defer their insertion till to-morrow. The CALYPSO Sloop of War, and the ACUTE Gun Brig, arrrived yesterday at Yarmouth ; and the EXCISE CUTTER of Harwich, with a transport with ordnance Stores in tow, and the ANAcimom (173) transport, with 350 troops; same of them sick, have arrived at Harwich. All of these vessels left .Flush ing on Sunday, at Which time all the necessary movements for abandoning Walcheren were in full activity. Thirty sailors had been landed from e4ch of the ships of war, and were busily employed in destroying the works. So rapid were tilt movements that the island was expected to be finally abandoned on the 6th, (this day.)— The ACUTE brought with her to Yarmouth, forty sail of transports, having part of the troops on board. They d4l not, however, enter that port, but proceed. ed to Harwich. Oxior n ELECTION.—Lord GRENVILLE'S Commit tee and Friends, both in town and various parts of the country, having persevered with greatindustry to circulate reports of Lord ELDoN's intention of with drawing from the contest for the Chancellorship of Oxford, and agents having been employed in different places more effectually to propagate and disseminate these reports, notwithstanding the repeated and posi tive contradictions which have been given to them both publicly and in private, Lord ELDON'S Com mittee are under the necessity of again repeating, that such reports are now, as they ever have been, totally void of foundation ; and confidently hope that his Lordship's Friends, instead of allowing such reports to have the effect they are intended to produce, wills feel themselves carted upon more anxi usly to exett themselves to support his Lordship on the day of Election. In addition to these absurd reports, and for the same laudable purposes, another has been given out, equally well founded, that Lord ELDON is about to resign the Seals. An American vessel bound from New England to Tonningen, has put some letters on shore at Dover, dated Nov. 7, but they do not enable us to state any thing further on the subject Df the progress of Mr. JAC:: AWS mission. Mr. President MADISON arrived at Washington on Sunday, the Ist of October, and, on the following day, he gave audience to Mr. JACK SON, since which time their interviews have been fre quent. A letter received by a respectable House in the City, states, that the usual period :or assembling I Congress had been postponed from the 9th to the 28th of November. We learn from Halifax, under date of the 9th ult. that Admiral Sir ALEXANDER CocunANE was then there, but was taking in provisions, preparatory to his departure for tarbadoes with the squadron under' his command. Monday, the East Kent Militia commenced . its march fican Winchelsea and its vicinity, for Salis- . bury. Monday night, the ship Leander, Mr. JouN May master, from Cadiz, bound to London, with a cargo of wool and salt, was attempted to he boarded by a French lugger privateer, off the South Foreland, but the crew of the Leander, consisting of 17 men, most heroically beat her off thrice successively, with their boarding pikes. In the conflict, we regret to state that one man was killed, and another so badly wound' cd that he died of his wounds. The master, mate, and two others, were also badly wounded. The third time the lugger was repulsed, as she dropped a-stern the crew cf the Leander fired their stern-chase gun into her, loaded wi li round grape and cannistcr, which, from the groans and • confitsjim, must have made dreadful h:tvocl: on 'board trie lugger, which quickly made off. After the lugger had disappeared, a Re-1 veuti2 cutter hailed the 14ander, and inf rmed the crew that they had seen the lugger. We are happy to announce tliat them was no truth in a report circulated some days ago, of the less of the' v •ssel . sent with the first copy of Lord COLLING.- IVO Vs dispatches. The - PIIILObIEL was the only V.s,el sent, and her long passage was owing to tem pestuous weather. Tuesday, a most unfortunate circumstance occur ree, to a lad of the name pf Warren, who, by laying hold of a slack rope, when at the Mait-head of the Isle of Wight hoy, fell from hence, and died in two hours afterwards of the bfuises he received. MTELLIGEfiCE. PLYMOUTH paid PLYMOUTH-DOCK, DFC. 4. Arrived the Mats of this port, DANIEL Ricut.r; master, from St. John's (Newfoundland), after a pal., sage of 12 days, laden with fish, bound here for urdcrs i sloop John, of Bideford, WILLIAM CURT[; master, from Cork, last from Falmouth, with provisions for this port; American ship Ann Williams, DAYTO;i master, from New York to St. Sebastian's, detained and sent in here by his Majesty's ship NW:EN, MICHAEL SEYMOUR ; the American ship Amiable, ANDREW HEDELICE master, of and from Philadopb; ;; , to at. Sebastian's, detained and sent in here by Li s Majesty's ship VtuoiNtE ; his Majesty's ship JA:.lAic.t. from Newfoundland ; and OaEsTus, of 18 guns, flo ut a cruize, Wind S. S. W. still blows a strong ;Pale, which 1121 prevented the sailing of the Ool.nfiNcri and trans: ports for Corunua I they will start the nuanent the wind is fair, as will the Hussaa and other ships O.:: are now weather bound. Arrived the ALBIO hired cutter, with dispatc 3 :: from Rochetert, relative to sonic movernent arrani; the enuoy's ships pp the Charante. PPRTSMOUTI-I, DECEMBER r.. Arrived his Majesty's skip GANYMEDE from bon. Drop; down to St. Helen's the RC). A L O. • man of war to relieve the 41.csTntev , z, which ship since arrived at Spithead. VEAL, Di CT Ty: P EP, 4 Arrived the TALuor slcc.p from the Baltic ; uoN sloop and DErmnrit gun brig trnm a cmize.- Sailed the QUEBEC frigate for Flu , hing ; A t.pt !: ... cutter for Yarmouth 4 POBGEY ard PILCHA i'.D • ners for the Nore. Arrived the Plymouth tra'valtn.tt,- port from Woolwich. s.—Arrived the Hcz.:snts armed ship wit]: convoy from Falmouth ; BEAGLE and ChETAN lucps from a crulze ; Pau, Ll.t IiON fri.rn a cruize off Bolt. logne. Sailed the KIN.At.co on a cruize ; and TALIioT for Portsmouth. Y4I,tNIOUTII, DECLMBER S. This morning arrived the Caryrso sh op oi war ; also the ACCTE gun br;g, with forty sail of transr,ry with troops frcm Flushing, which have sailed L r Harwich. Arrived from the Baltic the STRENCOLS g-an brig and Ices cutter ; and from a cruize the CHANTICLLER E . 1)11 brig. Sailed the CONSTANT run brig for the Nore. The ships of war in the Roacis are the Roebuck, Snturn, Bellerophon, Diligence, Cur. lew, Havoc, Pritottart, rinchcr, Drake, and Lrrrr4. Wind N. W. COVENI-G4I:ZDEN 77-IEA7RE. The storm, which of late appeared to have spc.rt its fury, and to be gradually expiring, again blint forth last night with sudden and augmented violence. The first act of Me Beggar'. 0/sera proceeded little or very slight interruption; but, earl y in tr cond, the growing discontent became formida' and on the admittance of the half-price, the uproar grew wild and overwlilming. Some Coq table t , who interposed, were driven from the pit with loud huzzas i and three loud cheers of victory were given to 1-.), , gia with. 0. P. handkerchiefs were then waved ; lair& was stuck in their bats i cries of " Clifford has gair... ed his cause" were set up, and the following plsca:(4 t were hoisted : " A British Jury for ever.r. " versus Brandou—O. P. triuixtphant." " A British Jury for ever.' " Shall Briton: give up a ci,ntest which has had so long 373 spirited an existence ; and shall insolence, pride and avari.: come off victorious ?.--Oh ! let it nut be said." Fiat Justitia."—" Be firm and' temperate." " Right against Might.'! • Chorus of 0. P's.—Tune Hearts of Oak.' " Steady boys, steady, " We always are ready " To turn out hired ruifiank again and agair..' The uproar and confusion received a considerabk addition from the occasional sound of two or three horns. One of the 0. P. leaders, in particular, now inaki then " Blew a blast so loud and dread," as to excite universal alarm. At the end of the Pi.iy a placard was displayed with the fellowin . f.; words " Clifford has beat Brartion.-0. P.'s mun', l .h." Loud cheers were given for Clifford and Victory —the Jury—Serjeant Best, &c. and GOD save the King, was sung, and the 0. P. dance was performed in the usual style. A number of white caps were worn in the Pit ; and the Boxes were vociferous in their applause, not of what was going on beyond, but before the curtain. The oppooition continued with unremitted perse verance until the fall of the curtain, at ten. — Shortly after the performances concluded, a drunk en orator from the slips, made an appsal to the house, but his eloquence was lost upon his auditory. About half-past ten the house was clearod, but the 0. P's. evinced strong symptoms of a determined perseverance in the contest. No captures were made CORN EXCHANGE, MAItK-LANE, Dxc. 6.—Tiere a middling supply of Wheat to•day ; very few samples, which support their price—other sorts aic heavy, and rather lower—there is again but a Blurt supply of Barle►, which maintains last quotation — Malt and White Peas likewise—Beans, of the two descriptions, keep their price—there are tolerable scp ples of Oats, with some further arrivals cf and excepting prime samples, this trade is quoted rather cheaper.—Flour at late prices-4ine American, wholesale, 58s to 625. per barrel. GtNRRAI. CURRENCY AS UNDER S Wheat, 78s. 90s. 102 s. Beans, 60s. 66x. Fine ditto, 106 s. 110 s. Tick ditto, sos. 565. Rye, 525. 565. Oats, 254. 30s. 325. Barley, 50s. 56.. od. Poland ditto, 365. 394.0 J. Malt, 765. 84s. Potatoe ditto, 41s. 03.01 White Peas (Boilers) 765. 86e. Rape Seed, 471..521. Grey ditto, 525. 58s. Fine Flour, 90s. 955. Seconds 85s. 90s. LONDON : Printed and publishes by LEVEL KENT, o f Ca . terbury-Place, Lambeth, at the STAR-Orrlcc, No. 1, street. Publishedalso at the SrAa•Orrict,Tetr.ple Bar. r.