The National Register. — London, England, 1809-11-26 00:00:00

756 entered the Theatre at the time when half-price was taken were admitted, from which time nothing could be heard but shouts of * 4 Off! off ! off !" " Old Prices for ever !" accompanied by the sound of watchman's rattles, dustmetes hells, &c. ; many of these persons who were mostactive in the riot, bearing the let ters 0. P. on their hats or breasts, making mock fights, push ite; persons out of the theatre, whom they imagined to be ini mical to their designs, running up and down the pit of the thea tre, and mixing among the constables who attempted to inter fere, sad beating and thrusting them forcibly ont of the theatre; that when these persons quitted the theatre,. theylpok the lets tees O. P. out of their hats, that they might .ndf.he known to the Police Officers.;--that placards were also nigh $l5 exhibited, in order to feed the riot, and call upon the Proprietors to re store the old prices of admission to the theatre ;—that several of the rioters had been apprehended and taken before the M; gls trates, by whom they had been committed, and that they had since been indicted, but notwithstanding this, the riots still con tinued;—that advertisements had appeared in the newspapers (encouraging these riots, by inducing persons to subscribe to wards the support of those who (as they termed it) had been unjustly prosecuted ;—that in these advertisements many reflec tious were made upon Mr. Kemble : and the present Deponent snore positively that he believed a conspiracy had been formed by those persons who bore the letters 0. P. in their hats (which the Deponent considered as the signal by which they knew each other) in order to compel the Proprietors to restore the old prices of admission to their theatre. The Attorney General held in hi 3 hand another affidavit, stating several instances of these riots by the persons thus distinguishing themselves by the badge of 0. P. and plainly pointing out the object of their riotous conduct. He then proceeded to read several of the placards which had beam exhibited in the Theatre; such as— " A long pull, a strong pull, and a pull altogether," &c. &c. from which he drew the conclusion that certain persons had entered into, at least, an implied agreement, to bring about their great object—to compel the Proprietors to admit the pub lic at their theatre at the old prices. The Attorney-General then proceeded to state the substance of the affidavits, which pointed out the persons against. whom the information he moved for would he flied. On the 31st day of October, and on the 4th, Tth, Rah, and 14th. days of November, a person, whose Mine the Attnrun.y-General mentioned with regret, and could ha.se wished that he was not obliged to place it first, because that person . s; as of the same profession with himself; but when it was considered that the public had been in some degree misled by the exatnple of a professor of the law, he hoped he should sunlit excused. lie meant Mr. Clifford. On the 31st day of October the 0. P.'s were collected together as usual, when Mr. Clifford made his appearance in the theatre with the 0. P. badge in his hat, and was joined by his brother 0. P.'s. The Attorney-General could not fix upon Mr. Clifford any parti cular act of violence; hut he wore the badge, and thus coun tenanced those who 'were violent; and that he was considered to countenance the rioters, was evident from what happened on the 4th day of November following, when he was hailed by them as their leader, and saluted by shouts of " Clifford for ever," " Three cheers for Mr. Clifford." That Mr. Clifford owned himself their leader, too, was not less apparent from his addressing the rioters—" That's right go on, persevere, and when you leave the house disperse." The other persoAs against whom the Attorney-General's mo tion was directed were Messrs. Winholt. Savage, Scott, and Ridley, of whom it was proved, that they appeared at the Theatre with the letters.o. P. in their hats. Mr. Ridley was indeed there but once; bat when he was brought before the Magistrate for being there, he owned that he had the letters in his hat, and said he meant to place them there again the next night. Mr. Winholt was at the Theatre with 0. P. in his hat on the 91st day of October, and on the Bth and 14th days 'of November, each time taking a eery active part in the riot, en couraging the rioters to proceed, and on one occasion assisting in turning out of the pit a person who bad torn a placard in scribed '• We'll conqueror die." Mr. Scott, and Mr. Savage were also very active in these riots; but it was not necessary for the Attorney -General to state the particular acts of each. Ile trusted he had proved a sufficient understanding between all these persons, to fix on them the characters of conspirators, to effect by unlawful means, and to compel by riot, the reduction of the prices of ad mis , :ion to the Theatre. There was no question, but that the Proprietors of that Theatre had a right to demand what prires of admission they pleased; and though they might THE NATIONAL REGISTER. NOV. le. have joined the notnes of other persons in this application they were satisfied in selecting tile most prominent. Lord Llienborough..--" lake a rule to ::hew THURSDAY, NOV. 23. WRICIIT V. WARP' EcQ. This rule being called on, Lord Ellenhorough read his note 3 'upon the trral of the action; and afterwards The Arroa NEYGCN ER A lb rose to shew cause agnin4 the rule ; and spoke nearly ns follows " Unless my Lord, Col. Wardle can prevail w ith himselfto think that jt , tice will be adrainiered to him by . 'different rules from those w hid+ ordinarily govern this Court, I see no hopes of his success in his present application; and lam sere his Counsel, having confidentially seen the affi davits which I have in my possession, can have given him no hope of it. The Court ought to be a ppri,cd of certain facts which they do not know, and which Col. Wardle ought to have made known to them ; they place the Colonel in a very aw k ward situation. He has preferred an indictment, found at Hick's Hall, and removed here by certiorari, against the witnesses in the present action, for conspiring together to ;.;et a verdict against him. The removal of this indictment here, enables me to see on whose testimony it is found ; and 1 diz•cover that it is on that of the vary same persons, who have stated the facts upon which the application for the present new trial is founded. I would ask the Court then, if they w ill now entertain thin fishing bill against parties, whom the Defendant dare not indict for perjury. I hope Col. Wardle is not now out of Court, and that thia will not be. always his excuse." Lord FALUN noitouGH.—" 1 hope it is understood that the- Court, in granting the pr.'sent rule had no idea of so grant ing it, upon the ground of any treachery in the Counsel to w horn he confieed his cause." The ArroaNEY-CiENrRAL. — " Certainly not, my Lord; nor do I take it so: for more turnout abut men never practised at the Bar. The Defendant's plea is that his Attorney has not done his duty ; and that, in consequence of this, he has changed his Attorney. This is a mere trick to induce the Court to be lieve this circumstance, without the Deft:edam's daring to swear to any positive misconduct. Col. Wardle complains of perjury, bnt he ha,s not the hardihood to indict for it ; and has the folly to suppose, that it he institutes a prosecution, in which the per sons against whom he complairis caneot he witnesses, he shall go over the enure :dole. Was there ever any thing'so impudent as this ? But your Lordships shall see more of little cunning, and contrivance than you may at present suspect. Mrs. Wright, the wife of the Plaintiff, knows a great deal about this matter; and Col. Wardle was advised that if he could involve the Plain tiff himself in h is lalictment, hi., wife vs . iuld he effectually pre vented from giv leg any te,iintony upon the subject. This in dictment is lle; . eat . trr to he ti ied, and Colonel Wardle was cor, sequetely desirous of I, now in w hat myre was to co me out agai est him : Ise now, therefore, prepares to draw but whatever else of strength the Defendants ill ibis indictment have. ie order that he may know exactly how to meet it. 1 hope the Colonel is mew within hearing, as he complained of not being *o before; het it he he even in the Hall (said the Attorney General, raising hie voice), I will make him hear, that the present motion is hrought forward with a view of informie; Colonel NVardle bow far be may ;u in his testimony in the coming indiament. We felt my Lord, the peril of this proceeding; and perhaps never were any persons, answering a criminal charge, placed such a situatiou before. We told the Plaintiff, that if your Lordship knew this, you would not grant the rule; and 1 could not help admiring the frankness of his answer: 6 Sir, said he, when ou had the conduct of this cituse at the trial, ii. eili.ct depended upon the credit of the witnesses ; but the present sliming cause depends upon my own te*timony, and no danger in the w odd shall pre vent my stating what 1 know : I am happy, indeed, to have the opportunity to do so." Therefore, my Lord, though I could shew effectual cause without, yet I have the Plaintiff's affi davits, which, if it is necessary, I ani ready to produce to your Lordship. " Another reason, which I trust will prevent your Loidship from granting this rule, is the letter, which - Colonel Wardle thought fit to write a day or two after the trial " to the people of the United Kingdom of Great Britain," for,noth. " curat populas scilicet." [The Attorney-General here read this letter which has appeared in all the newspapers.] Then, my Lord, it appears by this letter that Colonel NA atone knew all that had been sworn agaitist hitn, and he tells the people of the United Kingdom that he repeatedly intreated my learned friends to call *P. r -+ ~1 ►:. .