The Statesman. — London, England, 1809-12-07 00:00:00

. IMMM COVENT GARDAN. , ,Immirmaso . CLIFFORD, ENS. r. BRANDON.- --e...-- COURT OF COASION PLEAS, Dec. 5. - [Continued from TA kgra rzsx AN qtpesterffdia] Mr. Stais.AuT /11 , 11eRti ruse to eddies l r the Jury, on behl of Mr. Brandon, Mei of the •servents of the tropticturs and Mosseetee of Covent Garda* Theatre, who, conceiving Isigs. self to be in the honest exercise of his duty, had (aa cootainly was proved) desired a peace officer to take Mr. ClOiird into custody, for which net this action bad been commenced. . Whather, no. der the circumstances Of the case, as they had been detailed in evidence, tlie Defendant, was justified in point of law, for having so done, the Jury most decide. They must decide this question, accord ing to the principle of law, which in that, as in other costs, he helped, they would receive from the directions of his Lordship ; because, if his Lord ship, or any other learned Judge, should i p l a pr i to mistake the law, any advocate for the ' s to whose disadvantage the misdirection bed been given by any such Learned Judge, thank Ged, had the Court to apply to, su is to have any error, if seek should be funtid,corrected. The Jury, he was sure, would sue, that it was 111, t h e l a w in thi‘, se in all other cafes, shuuld be laid down by those, who are the Judo's of the lira ; and, that it should nut vary, (ruin illy to •iliy, with the opinions of Gentlemen who arc motioned, from time to lime, to perform the functions of Jury. men. Nielatichuiy, indeed, would it be fur the Constitution, and for this, or any other country, governed by law, were there nut a tribunal, coin posed of persons competent to decide upon all questions of law —men, whose lives had beim dedicated to the study of the law the for mer part to the practice, and the latter part to the honest, upright administration or that law. Not one of the Jury, he was sure, would go home satisfied, w ere they but to fancy, that from any pre: conceived opinion, however honest such opinion might be, they bed given a verdict contrary to the law of the country in which they lived. A speech snore directly addressed to the passious 01 a Jury, than that of his Learned Friend, he had never heard; and, not wily had he addressed himself to their passions, but also to those pieju dices, which, having crept forth into the world, have for weeks and months, been acted upon, by persons who, in other respects, may be respect. able members of society ; but who, in those par ticular instances, had disgraced and degraded themselves, and limit familics. Ile should nut, Itelts4ver ) follow the exeunt& of his Learned Frielid, in addressing himself to the pgssions of the Jury.— His Learned Friend, had talked a great deal about the Proprietors set having acted legally—of their extortion,—and then, he added inadvertently, he .• was suss that, if tyranny of ewe species wore . suffered to exist, tyranny of another would nem.. , .ly follow,—but when he saw what opinions • Ilid gone forth, and the great number of persons le that Court, who had been misguided—he Bfor the effector the speech of his Learned est tho peoelo might suppose, that because • -the Managers had in their opinion fired In etc • turtionate price en the admissiou to the Theatre, soil had been guilty of tyranny, then the multitude lit take the law into their own hands. God for. bid that such an ides should go forth, for if it did, what might nut be the consequence ? If any man io this country were guilty of ceturtion, the law knew how to repress the evil,---but it was not fur a number of persous, collecting themselves either in the Theater, and by force, tumult, or riot, or out of the 'llicatre, to take the judgment of the conduct of others into their own hands, even though extortion or tyrann: did exist. His Learned Friend, bad stated,\lr. Clifford to be a Gentleman of high rank.and family, of high talents, and of great respectability, in which he heartily concurred. Mr. i litford wasa member of his pro fession, and ho hoped, that that very circumstance was Sufficient to Confer ..ti any wait the character of a Gentleman, and he must lament that a man so gifted with talent, a man, of whose legal kuuw. ledge the world had some opinion, should have so• perverted those talents and that knowledge, as to have encouraged and instigated the disturbances which had taken place at Covent-Garden Theatre. By his pres,nce, he had given to the anthers of those disturbances the sanction of his authority. The sanction of a man of learning, a 'limn oft wis dom, and of a lawyer, so . that they might sup pose whit they were about, was legal. It was a man of this sort, who had been seen standing for ward with an ensign of riot in a public Theatre, and countenancing the proceedings of the rioters. Had the Attorney's Clerk, whose evidence they had beard, mood lawasard with the letters 0. P. in his hat, the people Would have said poh ! Li knows nothing aboot the law, what should an Attorney's Clerk know about the law. But Mr. Clifford, a num of rank, a lawyer, a learned esseasellor, he has given his opinion that there is no harm in wearing 0. P. he has one in his ow, hat, may we nut safely do the same ? Ilis Learned Friend had insinuated that Mr.- Brandon was a more tool of power, but what power could have entrapped Mr. Clifford to give that opinion and advice which he gave in the Pit to the stranger s whom he sabered to place the ensign of riot in * • . bat? Ilis own free will, and that it was, whit* imarked him out to the particular observation and attention of Mr. Brandon. If the wearing et these things were not lawful, the fittest of all ob. gets to apprehend, is that person, whose weight and talents must naturally mark him as a person fomenting the disturbance. The peanut question was simply, whether men embark* their pro. perty in a public Theatre, art, or are sot, to be protected in the preservatios of the property so embarked, from the attack of self-createdjudps. It was not a question of whether 6 shallop or 7 shillings should be the price of admission. For if the Public had a right to make them ruble* the price at all, they have a right to reduce the price toe pence. The right, he maintained, was the same. if there were a right, it meet be vested ; sad thew could be nu difference whollses the Pub. tic insisted on going in fiat 6 shillings or g pence. With respect to Private Bos', and whetlser the . - - Propridwrs had or had not a right to let them out to individuals, he begged the Jury to consider the consequences to which the opposition on that point would lead. If 100 men should think that the Managers pre net.demandigg tiso great a price, er that they ought le have the power of lettiug out Private Boxes, lie took k that Wu had as good a right to their judgment as the others. Then, if 194) go to the Theatre to abridge the prices, had equal right to ge in support of the cause or the ropeietors, how then was this to be decided? By the only manner in which it was possible to decide it on that principle, by riot, by assault, by • tumult, and by death. But he denied the right of the 0. P.'s to decide this question by force. Ile denied the right of reviving trial by battle, without ceremony, in this country, which, if their doctrine beadinitted, most be the inevit able.conscquence. Whether the Proprietors were right or w rung in the advance of prices, and the establishing of Private Boxes, was a question that could only be decided by law. The law was open, the Proprietors acted mister a Patent, that , Patent may at any time be examival, by any per. son, at the otlicu were it was iiirulled. That Pa. tent was subject to thu jurisdiction of the law, in case it was abused. By a %%irk of scire facias, the complaint against the Managers might be le gally investigated. The Jury would be enabled to decide upon the facts, and, the Judge upon the law of the question. it was impossible that it could betleeWed by popular tumult. The trial by scire facius was nut an obsolete proceeding. Sir JAMES MAstsrats.n.—The question whether they have abused the Patent, or have uut com plied with the conditions, may certainly be tried by that method of proceeding, of which there • hate been many instances. Mr. Serjeant SHEPHERD continued.—lf the public were abused by this monopoly, here was the mode by which they might seek redress. No man in this country was without redress for any complaint ; but no individuals that he knew of could have a right to assume, that there has bees any abuse of the patent of Covent Garde* Thee- Ire. That Theatre was carried on for the advan. tage, or amusement of the public, and the doors stood constantly open to visitors. Did they mean to say, that nobody can see the patent ? They had nothing to do bet walk to the °thee in which it was inrulled, where the patent might lie seen and read, and even copied officially, if required. Any Counsel might take it home with him, and, hula a consultation on it at his own Chambers. Covent Garden Theatre was a public Theatre; and the question which the Jury bad to try was, whether there was a riot there on the 31st of October last, and whether Mr. Clifford was, or was not, encouraging and instigating that riot. On the part of the Plaintiff, Mr. Clifford, a case had been attempted to be proved, but intentions could only be evinced by action, and whatever might be a man's private intentions, yet, it ho so acted as Mr. Clidurd had dusty the necessary con_ sequence of his actions must be presumed to have been his intentions. The first witness whn was called, Mr. Ilipkisis, meets Mr. Clifford in Bond. street, auil upon his proposal goes into the l'it of 4/irre The.atre, *here Mr. Hiptins hesio never beee before; nor, indeed, as he understood his evi dence, in the l'it of any theatre in his life. lie hugged to be understood, as by no means intend. lug to say, that the Pit was twee fit place for a gentlemau to visit; he knew many gentlemen who thought it the best place tor seeing the perform. mice, and marking the turns of the human coon. ionauce. But here was a gentleman, who never before was in a Pit, who chooses, what he thought be might say of the 31st of October, one of the most unfavourable evenings . Air a visit that could have been chosen—that w.s., an evening on which any man would hare avoided gsiiii; into the Pat of the Theatre, unless a wail had liked the proceed ings there. He had hiniseif formerly been there, and he hoped to go agate, and sit as quietly as In: had formerly dune : but had he been asked to go there un the 31st of October, he i.hioniii hare said, it was impossible to go there with' ally cullilurt, 111 the midst of noise and riot, and therefore he' should have said, that ho sad rather wait till be could go quietly, and see fairly what sort of a place it was. He imagined, howev e r, that when Mr. Clifford did go to the theatre, his so-dinar) place would be found in the Bak-s, and Rot in the Pit. But Mr. Clifford was s'o ignorant of tile world, and of what is going on in it, that ho must hare been all astonishment at the uproar he found in the Pit. He must have said, What is all this about e lie doubtless could previously know no thing of it. Mr. Clifford probably looks into a Newspaper ! ! He could not, for his own part, 'help thinking, that Mr. Clifford did go there ler the purpose of giving some countenance to the pROE — litrtirtten Ire got there ) -wog-alsomai-sisiti —Could there not be a not by noise and tumult ? Could there not be a riot by men getting loge. (her, and making so outrageous a noise so as to prevent the hearing of that which they were Isli ti mately assembled to hear ; a noise, tumult, and disturbance so great, that the only rea son assigned fur standing on the benches, was the fear of being inaimed.---A riot, in his opinion, it certainly was, when men assem bled together to the number of three or four, and by unusual and extraordinary noises and gestures, frustrated the very purposes fur which thty nen: assembled. And if the burns, * and trumpets, and rattles, and the Wiring about from plaec to place in the Pit, did net coo. statute a riot, the whole of the proceedings at the Theatre was justifiable by law. But Isis notion of the law was widely d.fferent. Sonic foolish people had expressed an ',pintos: that there was a right to express approbation or disapprobation by noise ; for 'himself he was a goud-uatured critic, and almost always dis posed ticapplaud; he - hatl no; kissed above two or three times in his life, although be had very often laughed, and sometimes cried. lie should be. sorry to pvevuat legitimate hissing or disappreba. lion, but to talk of this riot being the honest ea. prosion of the sentiments of the audience, oily the eery statement that such was the fact was an insult to the understanding of every man w lie heard it : this roiliest, purpose, to depress the THY. -STATESMAN. . price at the door, and to compel .the Proprietors to More that price. The first witness on being askeal, whether he had ever heard &greater noise than was made in the Pit of Ow Theatre on the eight of the 31st of Oct. answered in the ailiruta. tire; he had heard a greafer noise frum drunken sailors. If the G'entleineti of the Jury should be se unlucky as to hear 1000 drunken sailors, would they nut say, " what a confound ed riot there i*." Suppose they were quarrelling abant a landlord's bill, is the 0. P.'s Here guar., rolling iu tho Pit about the price of admission, were we to be told that this was not a riot. 'flue witness had said that there were horns, and trim pets, and tiitigiug, and all torts of noise., Nrinitig altogether a tumult, which constituted a riot; and when asked, why Mr. Clifford stood up, he hail said, because if he had sat down he would hare been'in danger of being crushed. Such was the riot that the witness only heard one ur twn sen tences of- the farce ; he could not even tell what the farce was ; he could nut undertake to say whether it was " bye a Pi inre," or whether it was " The Portrait of Cervantes." 'Lot, therefore, he maintained, had been proved by the Plaintiff's witnesses. I%'hat share then had Mr. Clifford in this riot, and was Mr. Ilmidon justi fied in the atep which he took ; those were th► questions. If persons supposed that they might stood by at all times, and because they se.iled up their mouths, that therefuie they went no parties to the riot on wleith they were looking, he wai muck mistaking both in the law and in common sense; for sometimes a silent leader might do as much mischief, or more, than a very active one.— Mr. Clifford comes into the !louse, but without wearing 0. P. which was the ensign of the per sons who had combined together to reduce the prices—Mr. Clifford was unwilling to have any thing to do with this riot, bat when he comes in he is saluted by the rioters with " Here comes Mr. Clifford, the honest Counsellor," and they make wily for him, that be may get in the centre of the Pit; tbiswas a clear invitatioil from the rioteria, who hailed him as their fricad, their honest Counsellor, (rum whom they ware to learn how far they might go—Mr. Cliftord accepts the invitation, and marches into the centre of the I'it, where ho hoists the ensign of riot in his lut. To say that Mr. Clifford, who was hailed by the rioters and had so accepted their invitation, was sot counts , - ' nancing the riot was an absurdity. " Either," said the Learned Serjeant, "he must be wrong headed, or I must be a dolt." 'lf when he was saluted as the honest Counsellor he had given his honest advice as a Lawyer, he *ould have said, if you choose to make a lout of yourself you may wear 0. P. or any other .resign in your hat—but wete lie to see a number of persons with that or any other ensign its their hats, and a man were to ask him if there were any harm in wearing it he should say, you must lost t i ll me w h a t i s the meaning of 0. P.—for if it but a mere mark of merriment, the thing iv in itself iimuceet— but if it be a mask of union, ;Or persons (Ism. bled together fur the purpose of riot, as an honest Counsellor, and as an honcst man, he should have said it was not proper. if Mr. Clifford meant to say this, there is no harm iii the riot, there is so h ar m in the ensign of riot ; if there is no harm in rebellion, huist the standard of ; but if in such case a man stood by when that standard was hoisted, a!thotigh lie were silent, as mute and insensible as a statue, he is embarked iii rebellion. No man !min t ,. common sense could doubt this. His Learned Friend had said that were this doctrine admitted to be law, it would he dangerous to any man to hoist a cockade at an election : this he, however, positively denied ; though ho admitted that a cockade had scneetinses been hoisted for the purpose of riot. A ea: kale meant, " 1 am a partiz in of Mr. SO and Se : 1 " hubt it fur him, but not for a sivf." it he had any young friend who was Coolie!) enough to stand a contested election, be wuuid heist a cock ade, fur that was nu riot ; bet if he were to hoist a cockade fur the purpose of riot, the hoisting such cockade became a riot—bet that had nothing to do with the question of weaving 0. P. in a Theatre. Whether Mr. Clifford had confounded the election cockade with 0. P. he knew nut; hut the ensign in the hat was an exceedhig important thing, ree.irdang to the purposes for which it was worn. It was an ensign by which military ser vice: e ale known; it denoted the nation which the ,s..arer of it served ; the country to which a man uelunged ; and he hoped that the black cockade would he always superior to the tri-culoured cuek. atte. It was not long ago that a blue cockade was worn, and which he should have been proud to have worn ; but there was a time when a blue cockade led the wearer to riot, rebellion, and treason; and for which many individuals stitf:ril death, at tke period to which ho alluded—the me morable riots in the year 1780. The blue cockade was at that time the ensign of the rioters, and being taken up with that cockade in their hats, alone convicted several persons, who were stand. ing quietly. by with that cosign in their hats, while the rioters were committing their acts of outrage. Being in situations of life rather better than cue executioners, they stood quietly by while the riot was raging. Alt !said the latv,isu they did, but they had the ensign of riot in their hats ; they there fore, though not committing any acts of riot, ea. cow:aged the rioters, and were equally guilty, •if net more so, became not being the hand that calm. Initted the riot, they thought by (hut caution they might have escaped. But the honest Cuustsellur gave no advice; he wished he hell ; lie did iisilreil give some advice, fur when a person was Montt to 31)6'1 Mary Austin's penny rattle, he dissuaded the person front so doing. Btu %shy did lie out say you should not have 0. P. iu $ our lost , those letters are the ensigiss of riot. Why dad lie eon_ tent himself with desiring him mot to apring die rattle ? Did he foolishly suppose ChM so bel i e as no extraneous instrument is used to Clvale a noise, that there could be no riot ? It seems that he did not put the 0. P. in It's hat ; somebody (Ise tusk the: liberty of putting it in for him. 11c• slid nut watt to say that Mr. Clutter,' was irritable, but li e did not think th a t Mr. Ciillord wes a inan who would permit atiy person to take au eiowarratita ble liberty with him. lie was himself tar fruni irascible ; bet he thought that if he had b een dateline at Ike playhouse, and a perfect sir anger lead taken of his hat, he should hate been very apt to say, " What the Devil do you mean by that ?"—M r. Clifford must have seen that 0. I'. was the ensign of riot in the Pit, And yet we find that he adopts it. Had he nut beets known, he might have hail this excuse. he might have said, st ho could have tlieught that -they would have kiwiwu me in this place ? Bit he was perfectly known : " Here costs the huw't Corsi-11ot ; make way fur him." CuMm o n would be outraged by any man why sh o uld that Mr. Clifferd wore the 0. P. fur any r purpose than that of ceconraging those who ante at that time riuting. standing quietly with his hat uti, - and that ensign in it, was bet a seecies of cunning. by which he encouraged others to coin. mit that which be knelt , in itself to be illeg..l. Ira man would riot, let hats riot ; but do nut let hint stand by and see other, ran all the risk. lie was b een( ' t o comment thus strongly on the con duct of Mr. Clifford, nut only frees the acts of that night, but by reason of this action, fur what. ever might be supposed, he came there no 'ohm. leer for Mr. Brandon, who, aotwitlistanding the placard of " Discharge Brandin'," he considered as the honest and confidential servant of the Pre. prietors, whom he hoped Mr. Brandon would, for years to come, continue to serve. He would take leave to say, that Mr. Brandon deserved the cunsi deration-of the Public, fur the diligence . and po liteness, which, during the many years he had been the boz-keeper at that Theatre, be had shown to every person, previous to these unfortunate events. 'rho only question was, whether Mr. Brandon had a right to take up Mr. Clifford, as lie had done ? The Jun might have observed the anxiety of his Learued Friend, to shcw that Mr. Clifford was gone away, and that the riot was over before he was apprehended. Whether he was taken in the Pit, or whether he was taken in the passage, be was within the walls of the house. If a riot were over, and a person is gone away, you could not, hours alter, take him up without a warrant ; but if a body of persons aro got toge ther, and rioting, the constable is not bound to rhsh into the midst of them, at the risk of his brains 'being knocked out ; he might wait until the riot ers began to separate, and then seize them as they were going, without a warrant. Su in en assault : it was not whether the assault_ was ever, or whe ther it was continued ? A than might be taken ue fur felony, without a warrant ; but " suppose a man were to knock sue doers (said the Learned Serjeant), cautiot I take him up as he is going away. %Viten I get up out of the kennel, is he to say, you cannot touch we, lam quiet; the avatilt is over ; it was over the moment you were knock. ed down iii the kennel." Som e ti mes the consta bl es had rushed into the Pit ; but then it was •ecn, that' they either could not take the rioters, or that mischief must ensue ; and if the law should say that they could not be taken, when dispersing a'_ ter the cummission of a riot, they must escape.— Suppose that there should he a riot ore% en a mot.: serious description, and that it should be tlieeght necessary to take the rioters. emitd there he a r doubt of the legality of surrounding the house with a body of civil officers, fur the impose of appre hending the rioters when they should come out of the Theatre,although they should, at the moment they might be taken, not be in the art of rioting ? Would any man say, that because Mr. Clifford had got beyond the brat door, that he therefore could not be leg shy taken ante custody. Mr. Brandon is provA to have said, 44 take him, and be sure you take care of the hat." They had marked him set as one of the rioters, or rather as the leader of the rioters. When Mr. Clifford was taken, the witness, Mr. Ilipkins, wished to interfere, and of fered to release him ; but Mr. Clifford, in that in. stance, acted prudently ; he submitted quietly, and acco npained the officer, without any retes. (Alice, to Bow-street. Mr. Brandon told his story, that Mr. Chtford had worn 0. P. and seemed to be making a noise, or encouraging the rioters. if the Learned Serjeant had seen ban on the beeches with 0. P. in his hat, he ettould have drawn that inference. Mr. Read guys there is no charge against Mr. Clifford, and tnerefore Mr. Branduu was not sworn ; hut if Mr. Brandon had made such a charge before the 'Armed Serjeant, he should, ender those circumstances, have derided differently from the Magistrate. That which Mr. , Brandon said was, that Mr. Claim' was either 1 rioting himself, or instigating others to riot—that was proved to be the fact. Immediately at the time of riot, or of dispersing front the rise, Mr. Brandon delivered hire into the hands of the Po lice-officer. It had been proved that Mr. Clif ford himself had said it was a Peace-officer. A man so conducting himself as Mr. Clifford, must be construed as having been a rioter ; and though the Learned Scrjeant could call %I -I llnesses to pears that he did sly something, he should, hustever, rather take Bee question on the ground that he had stated, than trouble the Court with his with sic'. If the argument of his Leanne! Friettil shoul.l lie pronounced to be law, there could lie no severity even for the lower orders of suciale who mi g ht be led to tile, when they see a man of rank, Cita_ racier, and cousideration, standing up before them with ensigns of riot, wire are not acting— those wile are acting, may be induced to suppose. that those persons are implicated in, and therefore encouraging the riot—they niai , in fact, rely me thus', who are only looking . over them. The l.t would apply in this ease as if you were Way of men. The questiun was. what collets tuted participation ? And, if there was a lastly ies rioters, a hether political or others, were to be demolishing houses, and a bye-stander had an et , - lieu of riot tition him, lie wiedil iiiiquestineaWy be deemed a rioter, altlioegh he might net act. vo race on which he had been under the necessity of commenting at anal lesgth, and in sack levies, was draws thereby Mr. C. If,. h teeriefere, be hid beets compel!• to make any oleirrvatiolis of as teed. a sant nature, Mr. Clifford had himself only to for them. Ile had oisibuily to reproach but iitio self. lie hoped that the verdict of the Jury noel() set some men's heeds strait net We s e hjiet, which, though they bed abasdanca of 'ens. tae