The National Register. — London, England, 1809-11-12 00:00:00

726 wards presented to his Lordship. With respect to Mr. Smith, big Lordship would allow him to he discharged, upon his under taking to come forward, if necessary, upon any future occasion. Mr. Smith was of course then discharged. —ado— :COVRT OF KING'S BENCH, THURSDAY ) NOV. 9. WRIGHT V. WARDLC4."" Mr. Serjeant Best, on the part of the Deife . fidant . moved for a Rule to chew cause, why the verdict for the Plaintiff in this ease' should not be set aside, and a new trial granted. The cir cumstances and event of the action are too familiar to the !ne tworks 4,f our readers to need recapitulation. The Learned Ser jeant grounded his present motion upon several long affidavits of witnesses, who were not called at the trial, and who denied the Plaintiff's whole case from beginning to end It was quite im possible that these witnesses could be called at the trial, as the Defendant could not at all know what Mrs. Clarke would swear. Mr. Justice Bailey.—" Is not that the case in almost all ac tions?" • Mr. Serjeant Best proceeded to say, that he had now the af fidavit of Major Dodd. Lord Ellenborough.- - --I think it was mentioned at the trial, that M ajor Dodd was then in the'llall." Mr. Serjeant Best admitted that he was, and was supanaed on both sides; hut it was then thought imprudent to call Major Dodd on behalf of the Defendant, w ithaut obtaining possession of other circumstrares, which had been got at since. Since the trial, the Defendant had obtained a knowledge of an important fact, by the putting in of the Plaintiff's answer to a Bill in Chan cery, which the Defendant had filed against him. From that answer it appeared, that if the Defendant had, at the trial, called for the Plaintiff's hooks, it would have been seen that the goods which were furnished by the Plaintiff to Mrs. Clarke, were charged to her under the name of Farquhar. What occa sion could there be fore any secrecy in the Plaintiff's own books Mr. Justice Bailey.—" Many tradesmen make entries inaheir books to false names : their books are liable to inspection." Mr. Serjeant Best.—`• Not without their consent. The cir cumstance of the concealed entry is decisive to whom credit was given." Lord Ellenhorough.—" There might have been a motive ope rating in Wardle's mind for the insertion of another name in the Plaintiff's hunks." Mr. Serjeant Best proceeded to spew from the affidavit of the Defendant himself, in which Major Dodd joined, that the w ;mole story, which had been fabricated by Mrs. Clarke and Mr. Da niel Wright, was false. Lord Ellenhorough reminded the Learned Serjeant, that it was of little consequence what the Defendant swore, as he could not be a witness. Mr. Serjeant Best replied, that he thought it prudent that the Defendant should explain the transact ionas far as he could. Lord Elleaborough commended the Learned Serjeant's discretion. Mr. Serjeant Best proceeded to read his affidavit, which stated, that the Defendant and Major Dodd were going with Mrg. Clarke on business to Clifford's Inn, and that on their way they called at the Plaintiff's, where Mrs. Clarke ordered her goods, and nolliivo• passed between the Defendant and Mrs. Clarke and Mr. Daniel Wright, as the two latter had sworn. The Defendant also swore that the first intimation he had that there was a demand to be made by the Plaintiff against him was a (lay or two before the action was brought. Mr. Ellis, who was now the Defendant's Attorney, had discovered that the Plaintiff's evidence on the trial was brought forward by coaspirace, anti supported by perjury. The fact was, that the Plaintiff would not trust Mrs. Clarke ; and the Learned Sesjeaut now called the attention of the Court to the deal ings of these persons. On the Bth July, ISOS, the Plain tiff took a house of a person of the name of Bull, for the occu pancy of Mrs. Clarke, not its her name, but in that of Farquhar. Mr. Bull asked who Mrs. Farquhar was, and the Plaintiff re plied that she was a respectable married woman, whose husband was absent, and that she would nut stay long in Mr. Boll's house. being about to take another, which the Plaintiff was to furnish. This was sworn by Mr. and Mrs. Bull, and a third person, who was present at the negocia!ion. Mr. Bull afterwards discovered his tenant was Mrs. Clarke, and determined she should immedi ately quit his house, complainitr , to the Naimoli!' of his imposi tion. Mrs. Clarke then took alsonse of Mr. Kirke, in West bourne-place, referring him to the Plaintiff for a character. Tht• was in October, Ma, at the time. when Mr. Daniel right swore the Pi - 61114f gave her no credit. Mr. Kirke saw riatiotiff, who tuld hits Mrs. I:aril:liar wash twist respect. NOV. it ahle lady, and that if he, the Plaintiff, had fifty houses, he would give her the choice of them all, add that he htrd taken se veral thousands of her money. In consequence of this the house. was Ft. ' Lord Ellenborough.—" Farquhar was Mrs. Clarke's maiden name ?" Mr. Scrjeaut Best replied it was.—Upon.Mrs. Clarke's enter ing Mr. Kirke's house, there was 1081. to be paid for fixtures; and fur this sum the Plaintiff gave Mr. Kirke a cheque. This, was at the time the goods were supplied, for the payment of which the action was brought. The first quarter's rent became due and was hot paid. Mr. Kirke found out he was cheated, and distrained for the rent by Mr. Robins, the auctioneer. Lord F,llenborough.—" There was evidence given at the trial, of payments by the Plaintiff for coals and insurance, and that was left to the ;Jury, with its operation upon. the whole ease." Mr. Sedeant Best continued to state, that the second quarter's rent was also distrained for, ant also paid, by the Plaintiff. Mr. Justice Bailey.—" He might think that he was iu some degree hound, that Mr. Kirke should not he a loser." Mr. Serjeant,Best next produced the affidavit of Sit Richard Phillips, who Mated that he was applied to by Mrs. Clarke to publish those Memoirs, for the suppression of which lie was afterwards applied to by a Noble Lord. Mrs. Clarke urged to the Deponent, as a reason for her making the most of her ne gociation, that she had 2000/. to pay the Plaintif for furniture in Westbourne-place. This was after the investigation of the House of Commons, in March, and with this the Defendant's own affidavit swore he was not acquainted until after the trial.-- The affidavit of Mr: Glennie stated, in answer to tit- testimony of Mrs. Clarke and Mr. Daniel Wright. as to the five hundred pounds part payment by the Defendant, that on the pith De ember, Mrs. Clark urged Mr. Glennie, with tears in her eyes, to requ4.st the Defendant to become security in five hundred pounds fur her in two or three months. Mr. Glennie replied, that he could not think of asking the Defendant this, as he knew him to have entered into no engagement io pay her debts ; but if Mrs. Clarke would point out any way of paying it again in three months, he would be the bearer of her request., She as sured him she could pay it in less than three months out of a book she was about to publish. Mr. Gletmie objected to her extravagneee in furniture, and told her it would be more to her credit to keep a smaller house, and the Defendant thought so too. She replied, " What is it to Colonel Wardle? he is not to pay for it." I'll 4. Defendant, the Learned Sedeant observed, was very anxious that Mr. (amnia should be examined upon this trial, and sent him into Court for that purpose ; hut owing to a difficulty of communication;this was not d.ine. The next affi davit was that of Mr. Illingworth, a wine -merchant, in Pall mall, who accepted Mrs. Clarke's Bill of Exchange for five hun dred pounds. He was applied to by the Defendant, who stated that Mrs. Clarke would be able to pay it by the sale of the book she was to publish ; the Depouent was unacquainted with the Defendant, and he and Major Dodd gave him their accept ances for two hundred and fifty pounds each : be then called on Mrs. Clarke, and told her he would accept her note. It was given, but not honoured. He knew nothing of any dealings between the parties, and no wish of secrecy was expressed to him, as had been sworn at the trial. The next was the affidavit of Mr. Rennet, a cabinet-maker, in Tottenham-court-road; of whose testimony it was sworn the Defendant had no knowledge till after the trial. He had long been acquainted with the Plaintiff. The furniture WM trans ferred from the Duke of York's name to the Defendant's, as they well knew which was the best paymaster of the two. The next was the affidavit of Mr. Becket, attorney of Tho mas Allen, taN tor, who brought an action again-4 Mrs. Clarke, for servant's liveries, in which she was bailed specially by the two Wrights; and the last was the affidavit of Mr. Ellis, the attorney, who swore that the Wrights had been her bail in thirty causes. Mr. Justice Bailey.—" The Plaintiff' knew her to le in dis tress then, and was not likely to trust her on her own credit." Mr. Serjeant Best continued to urge the grant of his motion, upon the ground of all this improper conduct between Mrs. Clarke and the Plaintiff, which had been disclosed by his ans. wer to the Defendant's Bill in Chancery. Mr. Justice Bailey.—" If the Defendant had filed his Bill before the trial, the caue would have been staid till the Plain firs answer was put in." Mr. Serjeant Beet also urged the circumstance of the insur ance of the goods, part of which were insured in the name of Clarke, and part iu that of Inrquhar s in the same (Ace. TUE NATIONAL REGISTER.