The Statesman. — London, England, 1809-12-13 00:00:00

I Q. Mr. Illiagworth Ore his isechptanee fdr Mrs. Clarke give hid hot acceptance, anti you Major poshl gave your cross emplanes, for 25(.0. each—that was st)? A. Yin. Q. As an indemnity ? A. That nal not the ca le. Q. In what part of my statement am I incor rect ? A. The fact was this: Majol. 1).44 asked >lr. IllinAworth to accommodate ars.Clarke with th... loan of 5001. on her note, its order to enable h er to meet the demand of Wright, who was pres4_ jag her exceedingly. Major Dodd said if hu would Oa it, Major Dodd himself would guarantee him t lit he should be no loser. You dun't take this to be a contradiction of try seta nrcnt ? A. Most assuredly. Q. Did Mr. Illiagworth give Mr. Wright an accvptafic for 5001. A. Yes. Q. Del Mrs. Clarks give him one for 5031. I Did you give Mi. Illingworth as ,cclptauce for Lord ELLEssottouots- , -Q. Did he or did he not give his acceptance ? A. His acceptance is not for 2501., but that was not our intention ; we only it supposing it would be sa silvaittage to him, for we eallel to know whether he got our se curity ready. Two or three days aftcrhti sent a note, which he askr . d mu to accept. Q. Why then, in point .of •faet, I am right. You paid this acceptance ? A. I paid mine. Q. And Wijur Dodd paid his? A. I sup. roe so. Q. 01 the subject of this old debt, yon ail-- t ied Wright to sue his Royal Highiscra the Duke of York ? A. I did nut. Q. YOU never advised Mr. Wright to bring an tenon a t :ainvt the Doke of York ? A. No, never ; butt when W:ight was pressing Mrs. Clarke, I said, if it was the Duke of Yurk's debt, sully apply there.. Q. But you never recommended him to bring any action ? A. 1 never did. Q. You were in the II sit durin4 the last Trial ? I K .r 4 in the Hall, and in the lintel, dur. ing the who:e o f it. Q. You had communication with your Attorney sometimes ? A. I had written cuutinunicationt from fiat:. te time during the Trial. Q. Was that your publication the next day af. tsr the trial (she:v . ng the Mate:wan Newspaper, Later to the People of A7ll ,',;.1/ A. It was. I (353:1•T0 you stale in this letter, " It is 191:11 Ma to State, that my Cuuusel, Satiifird in " their minds that t.ie Jury would . not upon " such testimeny as had been ,teen by till. Plain. 66 ilfi . s Candi. r anl Ciirke alone, find a " against me, did not comply with my " rat ne.t entleaties (reocated to Orin in writing during Or: t.ielm (Nest rongest terms.") A. I did 'int bling t!!ers. into with toe to be eX.vein_ new nick ow, they were buth iii the 11.01. . . Q. you Pure nn doubt they wen, here dorin& Vie trial ? 4 No. Q. Yu%l e r4W them befute the trial began ? Yes. Q. You sari them dOing,th.ettial ?- A. Yes. • Q. And you were witli t h e m after the trial ? A. Yes. . .. - . Q. You bad cominsuic.itions ; with_ them dur ing the trial ? A. I dare say. I had. - Q. You hive subinenaed Mr. Serjeant Best as is witness ? A. L. believe he is subpoenaed. [Here the ATTORktE.clmtit rcud from the Letter JO THE STATEWCII, _ 64 My Canoel satis fied in their minds," .ke.] • . . Q. Were yon advised by your Counsel that the, Jury would find it impossible to.give a verdict on such : testimony as bad been giveu.by the Plaintiff's brother and Mrs. Clarke ? A." I . understood from Mr. Garfield that ins Counsel were satisfied Else Jury were with me. that the insurance had settled he business, and that they were satisfied there would be a verdict ; if I .would leave it to them. Q. f ask you again, whether your Counsel SAVE 'that opinion ? A. I have given my an. aver, that they dud think the Jury was with me ; that the insurance business had settled the ques tion, and that if the management of the business , 021 left to them, it would be right. I received a rinte from Mr. Corfield, saying, that Mrs. Clarke had sworn that 1 had given orders for the furni ture, in the presence of Major Dodd. I imine diately exclaimed, " The business is settled ; I " hare the verdict are ; she is convicted of per. " jury." I took my pencil, and was going to write ; bet said, this is a matter of such come. quencc, that I must not truat it to a pencil ; and I ran over to the King's Arms, wrote a note to Mr. Coyield, as strung as I could pen, requesting that Major Dodd might be examined, saying, "press him home, you have nothing to fear ;" meaning that the rumour about the Duke of Kent was false. I read that note to Mr. Wright. ATTORNEY.GENEEAL (to Lord Ellcnborough) not stop hint. lord Et.t.zosortovatt—lle is questioned to state, whether his Counsel had so said, and he is explaining his consistency. Colonel Wardle continued—Mr. John Wright ear in Ike room, and I read it to him. Alr.John Wright of Pruton.street, Fantail-square, and he is here. The ATTOItIIT.GZBERAI. was about to stop Colonel AV ard le, when Lord ELLEKBOROUGH said, " he is accounting for having si..ked that expression in his letter." ATTORIISY.GENVIAL. Q. You afterwards ap. plied for a now trial ? A. Yes. Q. Did not you at the trial leave it to the dis cretion of your Counsel to call witnesses, as in their ktd:tnent they thought best ? A. I never saw my Connie! previous to the trial but once. Q. That's not an answer. Did you not leave it to the discretion of your Counsel ? A. Till I received that note I did. Q. Did yoll not at least leave it to their disere lion ? A. I did not. In writing I used the most - expressions that I could to require my So . •. to call Major Dodd. TH V, StraT ItS MAN. Q. Theereesott ,our Nateeises wise sot called was, your Counsel were satisfied the thing world di, without? A. I have said what I know. The ATIVINEY GENIMAL then read part of the letter " To the People of the United Kingdom." Q. Well, Sir, after you had been apprized of what hail been sworn and had your witnesses there to contradict it; I want to know ,how you could afterwards swear that the evidence at the trial of this cause took " the deponent completely by " surprise, and therefore he had not an opportu. " nity of defending, &c.?" A. I was taken by snrprize—(Attorney General, 41 I molly am nut of that opinion")—because I could not tell what falsehoods would be sworn. Q. Did you know Mrs. Clarke would prove the case. lied you any doubt of it? A. I reAlly had a doubt whether you mould Denture to call her or not. Q. Hid you not got your witnesses to contra dict her ? A. I had only Major Dodd. Q. Was he not there to contradict her ? •A R No. But as a witness to contradict any thing that might be sworn against me. Lie was subpeseed, as having been with me at the upholsterer's. Q. In the ctrly part of the examination you stated neither Mr. Glenny nor Mr. Illingworth were subpcenaed ? A. I brlieve that what I stated is the fact, that only Major Dodd was subpoenaed. They were there, and I was frequently with them. Q. Yon never gave Mrs. Clarke any money ? A. I did. Q. What money did you give her ? A. I gave her before we went to see the Martelto Towers. the said if I would give her money to pay her butcher and •ier baker, she Would go with us ; and prior to our going, I gave her 1001. Q. When did you set out for the Martell° Toweil.? A. On the 27th of November. Q. Having been introduced to her on the 13th of November, you, do the 27th of November, gave leer 1001. ? A. I did. I gave her 201. after Came back. To the hest of my recollection, I never gave her any more, unless it might be a very small bunt. Q. You have subpoenaed Mr. Serjeaot Best— you know it 1• A. I believe it. • Q. As you arc not a lawyer, you could not ex. plain the mode of getting rid of the verdict. Let me ask you whether the evidence given was with the motive of getting rid of the verdict I A. Nu, that it was not. • Q. flow long were you in the service of the Kiwi ? A. About live years. Q. When the regiment was raised you became an Officer, and continued till discharged ? A. 1 did. Q. Ilow• long have you been acquainted with Major Dodd ? A. Some time in the summer or the he 4 inning.of the autumn of last year. Q. Was the visit to tha Marsello 'rowers in. tcnd'•d I►rerioui to yoer acquaintance with Mrs. Clarke ? A. It was. Q. As yow have made wise of the memorable cx. pressiins of Major Dodd being an " unfortunate friend," what situation was ho ? A. He had, I believe, a lucrative app.,intment. ATT(fILNET.GENIERALI must eaamine you ■s to that again— (Lord EL‘arinotteuott interfered, deeming that inquiry irrelevant to the subject.) ArroaNcr-CiattesAt..—A.4 Mrs. Clarke was "olle• of' the party, you advanced her 1001. In what way was it advanced ? A. She told me she was ready to go ? if I would pay her butcher and baker's- bills.• I toll her that on condition she 'millil bring her papers,' I would do it ; and be fore ire Went I advanced two sums to the amount of 1001. 'Q. Who is in possession of the letter written to quiet Mrs. Ciarke's mind; where is it? A. In the possession of Mrs. Clarke. Q. Was the negociation with Mr. Illingworth contrivance fdr . the purpose of concealing it ft4m the Public ? A. Nothing of the kind. Q. You attended here at the trial ? A. Yes ; sometimes in the hall, and sometimes in the hotel. Q. During the trial, had you personal com-rus nication with your Counsel ? A. No ; it was through the'communication of Mr. Cortield. Q. What persons were present when that note was given ? A. Mr. John 'Wright; he is here. Mr. ATTORNEY-C.; za.u.....That question you cannot ask— • Lord ELLENNOROUGU..--YOU may ask Mr. Corfield whether he received any such note— ATTORNEY.GENERAL.---I wish for Mr. War dle to explain all the facts that took place— Lord ELLE:4II3I,IIOOGH.---He says he wrote a note—and there the examination stopped ; be cause the note is not produced. ATTORNST.GENER4L...-Q. Will you give me leave to ask to whom that suppovcd note was deli. eared ? A. I ran into Westminster-hall, and gave it to a person; I cannot tell to whom ; I believe Mr. M'Callani. The note, I believe, was given by me to Mr. M'Callam. Lord ELLansoaounu....Q. You said the con trivance of the note to Mr. Illingworth was nut with a view to selrecy ?...What was the motive, when one might hats done ? A. Pecansc I did net wish to make myself answerable for the debt. Q. Do you think it was material whether it was done immediately, or intermediately ? A. Yes, because I should have had no claim on Mrs. Clarke. Q. Could you not have taken a nnte directly to Mr. Wright, and have taken a note from her ? A. If she hall had the ability to pay it, I think she would have paid it. Q. Well, if you don't fuel it to be a concealment —you say 1001. was all you gave her—and 201. more ? A. That is all. Q. Did you make her any, and what promiges ? A. I told her, if she would be a steady friend to the Public, they would be steady friends to her. Q. You made no other promise? A. None, my Lord—l made her none. Q. Did Mrs. Clarke know that yen and Major Dodd were-counter-securities to Mr. Illingwerth? A. -She eever.did till atter the Investigation. 44W iL rKLLr6r` ~ - 7 c„— : - COURT OP -KING'S BENCH. Dsc. ii• SIFTINGS BEFORE LORD ELI EIBOROUGU AT GUILD- HALL. MUSTWICIL V. /AMASON. Mr. iircirt. Stated this case to be an action fur compensalion to the Plaintiff for an Assault, tip!. le►►ge, and violent outrage, committed by the Defendant upon the person of the Plaintiff. The situation of the parties was thus : the Plaintiff was Captain of a •es.el that lay at Kin deJaiseiio, the Plaintiff was third Mate, but acted •as second Mate. The captain owed this Mate a grudgt•, on account of his being - sent on board by the owners as ship's husband, in which character he had corre•spuhded with' the owners ; un which ar- count the Captain called him a spy, assaulted and beat him very unmercifully ; he thou procured two pistols, one of which he loaded, and gave the empty one to 'the Plaintiff, saying he ‘r uuld fight a duel with him ; that he would shoot the Plaintiff through the head, and call him a coward afterwards. This was a species of outrage which was not to be endured. The Defendant alleged, in extensation of his conduct, that there was a disposition by many on board to plunder the ship, and that he thought the Plaintiff was favourable to the combination, but he had not instituted an inquiry into the facts upon that subject, and thereforr it must he taken for granted that he was misgnided upnn it. The assault Was clearly proied to have taken place. Mr. GARRAW, the Defendant's Counsel, main. tained that all the crew on hoard this ship had Comhined tgainst this Capt.tin, who had Hot the good fortune to please all his owners, although he hail been the means of earning for them 60,0001. in the coifrse of his diligent labour in their ser vice. The crew of this ship hail taken a dislike t 4 the Captain, and they all rowed together against him. Ile trusted, however, that the Jury would be moderate in the damages they would give under all the circumstances of this case ; for although the Captain could have no evidence in his behalf, since ali the crew were prejudiced against him, still the , Jury•would be moderate in the damages. Lord ELLEMBOROVGH obsi.vved, that the Jury were very propel ly told that they should be mo derate iw the damages they gave in a case like . this ; certainly, damages should never be uutra. geous, they should always hare a reference to the circumstances of the case. 'Here, it -ap peared, that the Plaintiff hail not only not been to blame, but had submitted to as superior officer in a Manner that was not only• creditable to his discipline and his example of sabo-rdinalion, also to his courage; for within could be better evidence of courage than a steady endurance of the tyranny of a superinr in command; Haile party relied on an appeal to the leas of his eosin. try. 'flits was precisely the Plaintiff's case in this action, and•the Jury acre to say what damages should be given. They . would, as men of sense and kiwis ledge of the *odd, Alye, not vindictive damages, but sober, mufferale, discreet, temperate, at the same time compensatingilainagev, such as were adequate to the amount- of the Injury, and no more ; nor would the calls of justice be pro perly attended to by giving less. The Jury de liberated a short time, and fotind a verdict fur the Plaintiff, damages 1001. JONES V, ifunsON. Mr. ILKYL stated this case also to the Jury, which was an action for an injury done to the Plaintiff by the Defendant's unruly ox, driven by his servants, having gored, tossed, and injured the Plaintiff in the street. The case was clear that the ox did greatly injure the Plaintiff, by tossing him in the air, at the corner of Norfolk. street ; that the injury to the Plaintiff was groat, but that the force of the pleadings did not *Witte him to maintain this action, and therefwe the Plaintiff was nonsuited. PhltJUßt.. • THE KING V. MORRIS. The ATTORNLY GINICKAL stated this to be a prioiecution for wilful and corrupt perjury against the Defendant, Elizabeth Morris. Site was a per son who derived a fortune of shout 30,0001. mn. der the will of an old lady of fl o e name of Parrott, and there was a family of the name of Alderson, to whmn the same lady had ',tot about 13001. and it was supposed that the .)efentlunt had graded that family that tom out re the bulk of the fortune which she derived under this will. The fake oath which she had taken was this—" Thit Mary Alderson said she Wwild not deliver the diamonds to the servant of fh;a 'aid Elizabeth Morris, btit if she would come and dine With the said Nl:try Alderson, they riould look diem over together, and she might 'Ake them : and skewed her •t3se diamond rings tise property of the testatrix, which she wished by: to take away only with other things." Tait was the oath on 'which the perjury was assigned., and Mrs. Alderson, her two daugh ters, mid her son, and al,O Mr. Orrellotheir at— torney, were incsintt at the conversation in whir J , this NS :II said to have taken place ; the , / sir . ," po.,itively it never did take place at all, e.or could it l for they had no diamonds belong r te,; to the testatrix; but all they said was, that It ► .he left any diamonds, they must he at her bat./10' se s w ith 'ocr plate , and Mr. Fournier, the U Jen d oot i t , father, and her attorney, were pres , neither of them was called to support her oat a. Mr. GARRoW, wits Was Con nsel fo'r the De_ fondant, was compelled to dr' aver I 3cr u p to the justice in mercy. The Jury fAsuud ' „ e r gnat,. COURT OF COMMON PLEA Gulp . DIIALL,Dsc.I2. IMMO)! V. PARKS' a. This WU an action to recover . damages for false, imprisonment. The Defendant i s a h ouse k eeper , residing in Queen-stre;et s Cheer ~wide, a nd the Plain tiff lived with ts servant.- _l t wik peared from the evidence on flue part of ef floe Plaintiff,, that she lived io the family of the I' ,efendsnt newly two yea's, during which time a/ re hail condock.4 her self o ith credit to herself, an d to th e satisfaction of her employer, till with' in the 'last f ew mo diks; when her muter went tr reside-fur a . sh o rs • nine at Croydon, and havia a 400 d opinion of 16..1 Plaintiff, he left her inAerge his town.homee. On MS return. from Crvidoo, soine • *Melee or . houselt hick had blue left in the 1 2 144 firs" care were missing; and as she , could not give goti satisfactory account of their dt4posal, sus/Moss arose .41 the mind of the Wrintlant, who coma, usenet's'. Ai 'cards throughout Site house, and en examining the locks of the different pieces of se. eutity, and that of his iron chest, he discovered, from the mills:sit sn:trks of violette., nn them, that some attempts had been made to force them open. This circumstance, added to the suspicions shich had previously arisen in his mind, at once induced him to suspect the Plaintiff of dis. honest prictices ; and, after some besitatim, ho sent fur an officer to take her into custody, and convey her before the Lord Mayor, in order to undergo a legal scrutiny. She was conducted to the Poultry Cosnpter on the Friday afternoon by desire of the Defendant, and was taken before the Lord Mayor on the Saturday, who having made some inquiries into the circumstances of the case, remanded her for a further examine:. io . o . tion un the Monday following. In the interim her buzes and person were searched, but nrithieg was fottOd which could form a ground for rea. 'unable accusation. And on the Monday, after la further enquiry into the case before the Lor4 Mayor, she was discha'ged. In a short time afterwards the property which had been lost was j found, and the Plaintiff was completely ezcalpatei from any charge of dishonesty. The Defendant simply put in a piea of not guilty ; but as it did nut appear that any felony had been eutntnitted, and that there was comm. quently no ground for the apprehension of the Plaintiff, the Jury, after a short consideration, returned a verdict for the Plaintiff—Demagog ) twenty pounds. Costs, forty shillings. FRENGII PAPERS. 3 0' OPENING OF TUE LEGISLATIVE BALLY, AND SPIESS' OP TUE eursaus arm SLING. (Fries' VINE IKON ITCOIII or Tustin Or 11111Cellaill.) Yesterday, at bix in the morning, a discharge of artillery announced the selenialtsee that were to take place. At half past tea the Emperor left the Tullieries to proceed to Notre Dune. He wail' the Curonation coach with Isis„hlajesty the .11Ileg of Westphalia.. The King of Naplos, the Whim, GrAud Piotitaries, Mioe i ters, .Grand (Merl Of _ the Empire and of the Crown, preceded his Me • I . • , The Clergy - _ received his Majesty at the ewe' ' trance of the clviiraf, and he wes conducted to the . choir, muter a canopy. Jr ThoZrilittnilk:.olitte Choir were oecipled by _ her -Majesty , the Empress, the Iniperlet•Family, tlse Einsi Wirt-mberg and Seeing, hail the 41 , seen of Westphalia. Oee of_the Almoners of his Majesty said the ma's_ ..rrespe s oiifieesp i Cerilittal Pes ch, t * Grand A 4. moner, celebrate!! TeDtiimsA' • . • BM Majesty recbtolucted soder the canopy, as on his sevirettee to the Chord) ) *peesecded to the Palace of the Legislative Body. The Roperor being intea, the Members of the Legislativelaptly newly eleit took the oaths; after ehich the Emperor made the following speech : • 1 GENTLEMEN Detosits or DiteieTillini TO TDB LEGISLATIVE Bone. • 64 Since your last Session I hare Melted Anti. gon and Castile to submission, and driven from Madrid the fallacious Government formed bit. land. I was marching upon Cadis and when I was under the necessity of treading back my steps, and of planting mywagits on the rim. parts of Vienna. Three months have seen the rise and termination of this fourth Punic Ws,. Accustomed to the derotcdeess and courage-Ai my armies, rmust nevertheless, under thett‘ cit. cum.:slices, acknowledge the particular ,roofs of . affection %%pick my soldiers of Germany have given me. • " •Tho genius of France conducted the army--it has terminated its proj ects in err . , pei( l. icistial marshes-of Walcheren. n that ' Hopoeteet period I retitehed 400 leaps,* diste -- ,, t , certain of the new glory whiCh my people .. wou ld acqu i re , and of the grand character e.,,ey would display. My hopes have not been de, owe pert i. cular thanks to the Citisr as of the Departments of the Pas de Calais '..nd the North. French. tuel - Every one that' id ol !' oppos er, ' " shall be eonfi'lerea: and tail* weed to subraissiory.• Your 4 1 : 41 "le ersh , all ' he tnestased-by the hatred of yaps e.a`rnitl• I °!° hero. before zou long years of gory and ; • onctify. You have the force and energy or ,t 1 ie 'Morelia of the Ancients. ie unitkl Tteteany to (he Empire. The 'Twee IV' • *ere woitii , of it by the mildness of their r itaracter, by the attarlunept their ancestors hays alwayoshewn us,•and_ by the services they h*: .e rettacred..to European civilization. " History "sainted out to me the' candebt I ought t.a pursee towards Rorie: the Popes, he. e .. me S ove t e igns of part of Italy, have constantly {hewn riternseleel enemies vf every preponderating power in the i'enittvnla— they lave employed their spiritual power to ii , jure it. It uas then demon. • sit-AM to me that the spiritual influence exercised in my *States by a foreign Sovereigey • was con. trail to the indepencletice of France, to the dig. amity and safety of nry• throne. However, as acknowledge the-necessity of the n rites) influence of the (lest-cadent, of the first or the pastors, I could not conciliate these grind interests, but By annulling donative of 'the French Emperors, my predecessort, and by uniting She Roman States to France. . " By the Treaty of Vienna, all the Kings and S o vereigns Inv allies, who have given me so away proofs of the constancy of their friendship, have acquired and shall acquire a fresh increase of ter ritory. " The Itlynv Provinces stretch the frontiers of my great Empire to the Save. Contiguous to the Entpire of Constantinople, I shall find myself in a situation to watch over the first interests of my einegnerce in the Mediterranean, the Adriatic, and the Leant. I will protect the Porte, if the Porte AritMlraws herself from the fatal Ideates ~~ lb 'Ai sr '~ I ,~~ .::~+