The National Register. — London, England, 1809-03-19 00:00:00

MARCH 19. which had been brought forward meld not induce him to cons yet se that Mrs. Clarke had any influence with the Commander sn Chief. This conclusion was so preposterous, that he tatty Hon. Baronet believed the Right Hilo. (gentleman) stood zilone in that opinion, but how ever improbable his opinion might be, it could have no improper weight with the House. Mrs. (;1 irks, by the Right Honourable G en tleman, had been as it were sited to the bo:emt. When 511 C first appeared at the Bar, the most unfavourable impressian was made on the tniods of her hearers, from her situation in life; but on her proceeding in her evidence the impression became of a dilferent nature. She came forward under peculiar disadvantage:, hoth"from her known character and situation, and very little dependence, if any, was placed on her testimony ; and as she went on, however, other circumstances occurred, and such a system was unra velled as no human ineenuity could have fabricated. The Attorney General, too, was completely thwarted in all his exertious, for if he had discovered the slightest error in her conduct or demeanour, he would have overturned all her es i deuce. He had heaped hypothesis upon h%pothesis, surmise upon surmise, and had drawn inference upon inference, but had still been unable to gain his point. Mrs. Clarke, he said, was a prodigy of art at: invention. The evidence upon the whole was such as the nature of the case would admit ;.and there were the most reasonable grounds to admit, that the most cor rupt influence existed, and it was observable to any common mind, t ;tat Mrs. Clarke was making a tool of his Royal High ness, in order to answer her own purposes, and this was the most favourable construction that could possihly he put on coo:luct so impre per; and the evidence was so strong, that it redounded to tile eternal shame of his Itoyal Highness, and would to ally other man be considered as disgraceful in the ex treme. The lion. Gentlemen of the lung robe, the Learned Gen tlemen :say. that the evidence of -.rt. Ciarke is not admissible, but when her testimony is supported by other wi eiesses, whose cheracters statel mtini peached, for instance, by the testimony of Miss Taylor, who certainly was a most respectable witness, how could a doubt exist? Merely front her not knowing on a cer tain day when a Major Was appointed. The Rieht Hon. Gentle man (the Chancellor of the Exchequer) said that, that 31 is- Taylor ought not to be believed ; nobody knew why ; and then he endeavoured to explain away his words, by stating, that she s:titl his Royal Highness had used certaia expressions, stall as,• " How tines he use you, Darling ?" which were applicable to the caw she had to prove only, but could not recollect any other part of the conversation which might tend to the elticida lion of some other point ; and this want of recollection the Honourable (gentleman asserted, was a ground fur tohil di ,belief. lu answer to this argument it might be asked, whether, if two persons felt inclined to conspire t 4E:ether, they would not make their rase strong enough to prove all they might wish to maintain ? And not by a lame and unfinished story, s ibject themselves to detection. A Learned Judge (Mr. Burton) bad also endeavoured to destroy the evidence of Mrs. Clarke, but bad not produced a single argument against her credibilLeityarnexd , e cept her character as conn e c ted with the Duke. The . Judge had asserted, that Mrs. Clarke had contradicted herself in tile course of her testheetty t eitty-eieht times, and from the known ability of the Learned Judge, he had listened with con siderahle attention and anxiety fur the proofs of that averment, but he had a ;sited in vain, although he would have been ready to admit, without hesita tion, that such cootradiction would certaiely go materially to discredit her evidence. One ground for the disbelief ‘of her testimony was, her not having recollected (dearly circumstances whit h had occurred four years and a half ago, and her having asserted that she bad not told Mr. Knight to keee secret frees Pile Duke the transaction relative to his ex change. It was fair, however, to recollect, that the assertion wa s made on both sides, an d that the veracity of each was equally entitled to credit. Miss Taylor's evidence was likewise ;le-credited, because she could not telt whether her father was called Chance or Taylor, but he conceived her as complete and as creditable a witnes s as had a pp eared at the Bar. ri an lion. Member who spoke early iu this &hale. I beg paftlon, I must call him a Learned Gentleman, for he is His Majesty's Attorney-G.meral; to whom I listened with the greateat atten tion ; and although I never had al opportunity of knowing him, I did expect that he would have stated some luminous points, some elucidation of the case; but how have we been disappoint- Sir, I remember basing heard of a great Lavyer. a Mr. Dunning . , Who, on being as!stal by a Client to recommend him to a Couwelioe the most proper for his ease, asked him " what your CilAt?" The percrtiapplylnz answered, 4it i s a vm,.; VI; I . - had case." " If so," said Mr. Dutteing, " oil 11.111 bet !Cr take the worst Counsellor you can ;.et; fur ein;-10\ a man of genius he will be hampered vviih it, but a b.,' Collo selfor w ill not stop upon any point, for he v% ill go on without t aid hy using. many words, have the appLarance of ma One a great defence." ( dear! And so, in the i,resect il'stance, defence made by that Learned Counsellor oppesite lil con fess, given me a very strong im i /..!-ssion as to the depth of his understandise.;; and it puts me in min.: o!'ln ass, w Ito 1% itt re t est the choicest food for the ,:the of enjoy lug a feast atoll: thistles; or of ehriiiiau in The Pilg..int's l'eugrts, who, vi lien he was is the slough of Despond, had to leave his travelling companion in the uncl, as the Learned Gentleman had left his Oil nt, the Duke of Vork, and out of which all the Anti-Jacos.,is land would not be ahle to extricate hiw. ;leaf ! hear ! hear!) That same Learned Gentleman, towards the conel:isiou Of his speech, seemed to express a great doubt as to the hand writing of the note about Capt. Touyn ; for, after it had ht etv proved hy the hest of evidence, the worst was brought fore art.i to rebut the best, and :te boldly calls it a forgery, because Mr,. Clarke had stated that she could write very like the Duke of York. But with all his ability he was unable to prove that )Irs. Clarke had ever obtained any money by her extraordina , v talent. This Harpy, iv• the Ilimourable Gentleman was plea; t• 1 to call her, w hen she got money, invariably paid it to ;tur needy tradesmen, and when she was importunate with tile Duke of Y ork, it nas on account of the poor persons to w ham she was in debt. I t a pp eared, indeed, from all the collateral circumstances, that there was not a witoess who h had no t substantiated her evidence in the most material points. Tem never was a witness more fearless, anti the evidence was so cir cumstantial, that it would be admitted in any court of justice, iiitheut a moment's hesitating. The Learned Gentlemen ie. adoptiiig this cause, seemed to have 10.,t all their ability. They seemell to think Mrs. Clarke a vv itch, and from the power of her enchantatent, conceived it was not at all won the Duke of Vol.!: should have been seduced by her spell: ; but with all their hypothesis they were unable to form any conclusion favor ahlc to themselves. They could look at the noon-dav -sun art pass over the most palpable and incontrovertible hull's, but would stoop in the musky mist to pick up straws, and chick o soar t trifles light as air to supp ort t:Trir sinking cause. ruth t lawyer is like red rag to a vi p er, at which he snaps, in arid ex d - tracts the tin;; from the envemoned gums. It is a prtfel an unpleasant consideration to think on one side •tre have evidence which gees to the fullest extent in support of the alleged cri minality, while on the other hand we have the letter of the Duke of York, denying the facts so clearly proved. What difference is there between the evidence of Mrs. Clarke and Mr. Adams. There is no dnction as witnesses, the one is as good as the other. An appeal is made to the -geccral character of the I)ukc of York, but are we aeon the honour of that Prince, to conclude or to decide that it requires noire than common evi• dence to convict hint. 'With all Mrs. Clarke's imperfection , and inconsistencies, in taking a fair iew of the pl:in t rat h, it was int poible to find such contradictions in h Riger evidence, a :vl w ,.. i inherore 1:; the ev idences of Colonel Gordon. The ht lion. for Cambridgeshire (Mr. Yorke) althotO he could not h;slieve the Note relative to Major Tonsil to be %vrittett by the Duke, vet could believesuch men as Sandpit and French were Mrs. Clarke's dupes. Col. Gordon seemed to h ave been brought forward as the gra nd stalking )torse of office, it was to be presumed., that w ever he said was to be bleu in a favourable light, w hile that which fell from Mrs. Clarke was to be construed as unfavour able. FAA how different was the reception of Mrs. ClarLe She was treated with acrimony and insult, and denied Cie smallest indulgence. Her character, stilt notwithstanding, hail shown itself, if not resplendant, at least praist . In the case of Samuel Carter, if generosity was to be ;t aw_ huted, the praise was due to Mrs. Clarke, who stepped fort, ard to further t t he ineres of an humble depeadent. The ronet then adverted to the case of tor o‘mem., nottrable Ba We come to some cases that arc said to have notshew tohing-at a what an ll to do with Mrs. Clarke; hut I think they evidently extent Mrs. Clack 's influence went. It weighed heavily upon the Duke, and chews I. picture of hypoctiqy mu) profligacy united.—( hen hear ) is truly revolting to propriety mid; decency. W these. Gentlemen were for setting aside the. Whole of Mrs. Clarke's evidence for a few, what they called. contradictio ns, which were pnimportauf either one wav or the other. he thought it hard. She offers to give up her annuity to pay her debts. but that annuity, whun applied fac, was refused by the Duke, although formerly promised. 4.14 .4. . • r ~~} . 4 . •:, I ff) lb 7H 1.9. TUE NATIONAL UEGISTER. 11;1 1 I A been brought forward (meld not induce him to con- ! had ease," " If so," said Mr. Duneine " von had better take t Mrs. Clarke had any influence with the Commander eo • the worst Counsellor you can eet it' \ce C:11:110 \ a men of This conclusion was so preposterous, that he tette : • 1 eenius he will be hampered iv iih it, but a lee' Coue seem . e ill eonet believed the Right llon. Gentleman) stood alonei tl not stop upon :me point, for he o ill eo on without ; re , ine, aed ;pinion, but however improbable his opinion might be, 1 11 by using lIIMIV l;nrds, have the appltrauce of ma k i'lle a greet have no improper weight with the House. Mrs. defer ( l'lcar !h-ar :1 An:l so, in the tcresect 11 - seance, the by the Right Honourable Gentleman, had heeu as it were defence made by that Learned Counsellor oppesito liar.. I eon- F 100 ho:tmit. When she fi rst appeared at the Bar, fess, given me a very strong im e cession as to the depth of his , • unfileourabte impressian s as inede on the iniods of her understandine , and it puts me in mite: o!'en ass, eho o ill reiect I i t from her situation in life; but on her proceedine in her the choicest food for the seta- of eniov lug a feast ;rpm: I ilisites ; I i ! the impression became of a different nature. She came ur of ehiiitn in The Pilg..ints l'eurt.s, will), v+ hen lie oas ruder peculiar dieldvantages, hothefrom her known in the slough of Depond, h aul( to leave his travelling companiou !it and situation, and very little dependence, if any, in the unel, ae the I.earne ientleman had left his (lit nt, tlie 1. teed on her testimony; and as she went on, however, Duke of Vork, and out of which all the Anti-duo:ties ie tee. irettinstances occurred, and such a system wa" unra- land would not be able to extricate hiut. t ;bete !I. ! .car!) as no human ineenuity could have fabricated. The 1 That same Learned Centleman, Inwards the couelesiou of his ,1' y General, too, was completely thwarted in all his I speech, seemed to express a great doubt as to the hand- us, for if he had discovered the slightest error in her 1 writiug of the note about Capt. Touvn ; for, after it hod le NI I t or demeanour, tic would have overturned all her ev i- proveii by the hest of evidence, the worst was brought fors% aid 1 Ile had heaped hypothesis upon it pothesie, surmise to rebut the best, and sae boldly calls it a forgery, because Mr,. ettnise, and had drawn inferen ce u p on inference, hut had 1 Clarke had stated that s he could write very like the Duke of en unable to gain his point. Mrs. Clarke, he said, was I ark. But with all his ability h e was unable to prove the i t igy of art ;eel invention. The evidence upon the whole tal Mrs. ClarTk hi e s had ever ob astained a n y ua ii itblmice C by titl he ei r a e n was xtreorpleasedinat v d toil as the nature of the case would admit ;.and there ent. Harpy, the Ile n . he most reasonable grounds to admit, that the most cur- to call her, w hen she got motley, invariably paid it to ;or itleence existed, and it was observable to any common needy tradesmen, and when she was importunate with tile . teat Mrs. Clarke was making a tool of his Royal High- Duke of 'York, it was on account of the poor persons to ; 1 n order to answer her own purposes, and this was the w ham she was in debt. It appeared, indeed, from all the ravourahle construction that could pnioihly he put on collateral eircumstauces, that there was m ater a witness who had tt so improper; and the evidence was so strong, that not substantiated her evidence in the most ial points. There 7, tunded to the eternal shame of his leoyal Highness, and never was a witness more fearless, and the evidence wns so cir- to any other man he considered as eisgrriceful in the e x - etunstantial, that it mould he adraitted •in any court of justice, ~; .; The lion Gentlemen of the lung robe, the Learned Gen- vi ithout a moment's hesitating. The Learned Gentlemen la , 1 pay. that the evidence of -ert. Clarke i: not admissible, alloptieg this cau,e, seemed to have lost all their ability. They -. , 1 401 .: i . S ( ' -',... lien her testimony is supported by other witnesses, whose seemed to think Mrs. Clerke a n itch, and from t h e potter of her Leers said t o .inipeached, for instance, b y the testimony of enchantinent, conceived it was not at all Wm: ;erful the Duke ray lor, wlt certainly was a Inost reetpeetahle witness, how a - York should have been seduced by her spell:: but w ith all ,ee. -...1 . a doubt exist? Merely front her not knowiug on a ref- their hypothesis they were unable to form any conclusion favor- A . . 0 , ay when a MikiOt is aS appointed. The Rie,:a lion. Gentle- able to themselves. 'f hey could look at the noon-duy -sun autti ,e, -'-e-'; ~ time Chancellor of the Ex.chequer) said first, that \1 is, Levis over the most palpable and incontrovertible ttuths, but .. el: i . ... etc tr ought not to be believed ; nobodv knew ruby; ami duel would stoop in the musky mist to pick up straws, and catch id deavoured to explain away his words, by stating, that she trifles light as air to support Weir sinking cause. Truth to a •it : 1 his Royal Highness had used certtlie ex pressions, each as,• lawyer is like red rag to a viper, at which he star, arid ex- ; tiv tines he use eott, Darling ?" which were applicable tracts the -fine from the envenomed gums. It is a pteinfel and ; e caw. she had to prove only, hut could not recollect any unpleasant consideration to think on one side we have es idetice • • I port of the conversation which might tend to the which gees to the fullest extent in support of the alleged de lion of some other point ; and this want of recollection minality, while on the other band vie have the letter of the Ilieht Honourable (ieotleolan asserted, was a ground for Duke of York, dene int..; the facts so clearly proved. What l. di .belief. In answer to this arettment it might be asked, difference is there between the evidence of Mrs. Clarke and Mr. fitter, it' two persons f e lt inclined to conspire t e :ether, they - Adams. There is no distinction as witnesses, the one is as good • e id not make their race strong enough to prove all they might as the other. An appeal is made to the -general character of i to maintain ? And not by a lame and unfinished story, the Duke of York, but are we upon the honoer of that Prince, .. ect themselves to detect ioe. A Learned Judge (Mr. Burton) to conclude or to decide that it requires more than common evi. also endeavoured to destroy the evidence of Mrs. Clarke, hut deuce to convict him. With all Mrs. Clarkes . imperfection , and , i . .i not produced a sitle argument against her credibility, ex- inconsistencies, in taking a fair N iew of the onsntroth, it Was im- %„. t her character as ellOneete:t with the Duke. The Learned possible to fi nd such contradictions in her evidence, as were i:; the lge had asserted, that Mrs. Clarke had contradicted herself in evidence of Colonel Gordon. The Right II on. :O.: for course of her testineety tli elli V.C . P4h t times, and from the Cambridgeshire (Mr. 'Yorke) althoiteh he could net l' itt ' er e the wn ability of the Learned Judgo, he had listened with con- Note ►relative to Major Tonyn to be vvritiett by the Duke, eet e-able at teuti on and anxiety for the proofs of that averment, could believe•such men as Sandpit and French o ere Mrs. Clarke'; he had i sited in vain, although lie would have been ready dupes. Col. Gordon seemed to 'lave been brought forward as the admit, whout hesitation, that such cootradietion would grand stalking )torse of office, it was to be presumed., that w het taiel ygo meterially to discredit her evidence. One around ever be said was to be tad in a favourable light, while that the disbelief 'of tier testimony Wil` 4 , her not having recollected which ell rom M. Clarke was to be construed as uttfev our- arly circumstances whit h had occurred four Years and a half able. liut how different was the reception of Mrs. ( larLe e and her having asserted that she had not told Mr. Knight to She was treated with acrimony and insult, and denied Cie . 1 .. ; , ~, ;'l. i t t secret brain elle Duke the transaction relative W his ex- smallest indulgence. Her character, not wit hstand ing, ha • d tnee. It was fair, however, to recollect, that the assertion still shown itself, if not resplendant, at least prais; -iv ertle . „ Is made on both sides, and, that the veracity of each was In the case of Samuel Carter, if generosity is as to be awe,. nail v entitled to credit. Miss Taylor's evidence was likewise bided, the praise was due to Mrs. Clarke, who stepped fore erd ;credited, because she could not telt whether her father was to further the interests of an humble depeudeot. The Vie- . lied Chance or Taylor, but he conceived her as complete and 'utterable Baronet the ;Averted to the case Of pr o‘Mem.,. creditable a witness as had appeared at the Bar. Vhere was We coine to some cztscs that arc said to have nothingett ll to do I lion. Member who spoke early iu this dehaie. I beg pardon, with Mrs. Clarke; think they evidently she w Coat hat an ..... must call him a Learned Gentleman, for he is His Niajesty's extent Mrs. Clad:es influence wept. it weighed heavily upon -.; ttorney-Grneral; to whom I listened with the greatest anew. the Dulte, and shews a picture of hypocr;sy :Intl profligacy fil on ; and although I never had al opportunity Of knowing him, united .--B lear ! hear! )It is truly revolting to eroprirty end; .., . did expect that he would have Stilted some luminous Volutes . decency. When these. Gentlemen were for setting aside the. . . one elucidation of the case ; but how have we been disappoint- whole of M. Clarke's eeideece for a few, w:hat il!ey called. contradictions, which were un,importaut et . ther one 11: Sir, I remember haying heard of a great Law vele a Mr. )unning, who, on being asked by a Client way he thought it bard. She offers to give up her whun applied foie to recoMmentl him or the other. e a C o unsellor the most proper for his ease, asked him " what antetity to pa) her debts. but that alleuitY , J: he persrrif applyln - luswered 66 it is 3 Yere your eilAt: , I , . 3 • a was refuied by the Duke, although formerly promised. 4q .4. TUE NATIONAL UEGISTER.