The Statesman. — London, England, 1809-07-04 00:00:00

LAW 7,VrEILIGENCE. OURT OF PUNIN Monday, July 3. ItvltitratTlVAitnt.a, EIQ. The ATTORNEY Gainat. opened the case on the part of the Plaintiff, Mr: Fraecis Wright, an upholsterer, wh i n brought his action to recover 19t-fit. for the amount of sundry articles of furni ture fur fitting up the house of Mrs. Mary Anne Clarke, in Westbourne-place, Chelsea. He stat. ed the circumstances of the case at full length, which were afterwards detailed in evidence. 'l'he Defendant became liable to pay this debt in course gamma of hiapersonal promise. Mrs. Clarke was already indebted to the Plaintiff about 5001. or 6001. and , applied to him to furnish her house, which he refused to do without being paid. She theit told him, in the end of last autumn, that she had a friend in .view w!io would furnish the house fur her. She afterwards bought Colonel Wardle to the Plaintiff's house, whey ordered the house to be furnished, and the goods were sent in. Mrs. C. being distressed for furniture, had previously obtained of the Plaintiff a few necessary articles to the value of 2001. upue hire. Mrs. Clarke, he said, would ha called as a witness, and also the , brothe • of the Plaintiff, who would both of them prove the Plain►iff's case. Besides these witnesses,' there was Major Dodd, who had been present at' one of the conversations, and if he was called, he would prove the Plaintiff's case. If the Defend s/it did not call him, his absence would etinally prove the case. But would Mr. Wardle deny the credibility of Mrs. Clarke—would he say that she was not a witneßs to be believed upon her oath ? In this c•ue he wou ld e a y, that though she could root get credit of her upholsterer, yet as her evi dence would be confirmed by the brother of the' Plaintiff, and she was upon oath, she was descry. ine, of credit before a Jury. The Attorney-Gene. sal then stated that, Mr. IVright being desirous to have part of his money, Colonel Wardle called and offered a bill for 3001. at three mouths, which was received in payment by the Plaintiff ; but as' the investigation of the charges against the Doke of York was then to be proceeded in, Mr. W . would n it give his own bill, but got a Mr. Illing worth, a wine -merchant, of Pall Mall, to give a bill for that sum, which was afterwards paid. The Attorney General made some very severe and sircastic observations upon the frailty of human memory, which might account perhaps for Mr. IVardle's defending this cause; for it was by no means to be wondered at, he said, that a Gentle man should now forget a promise of this kind aside six months ago, when some pees•" could nut even remember, upon a great public occasion, where they had been the very day before. Mrs. Mary Anne Clarke was called. She ap peared with her usual gaiety. She was rather etc l i - g intly dressed in white muslin, with a white silk bat, white ribbons, and a reit. A spotted muslin cloak, lined with pink silk, a white handkerchief tied loosely rousd her neck, and primrose or brim. stone-coloureti French habit-gloves. She was ex melee& by Mr. Garrow. •llct evil-Luca was to the following effect : [Mr. Serjrant Elver, for the Defendant, object oe to her being examined without being previously released by the Plaintiff; but Lord ELLENIOROUGH thought that as she did not come to charge herself, and the Plaintiff, by the statement of his Cuisine!, and by calling her as a witness, discharged her, i; 'au not necessary.] She stated that she first became acquainted with Cohnel Wardle in consequence of a letter front the Exchequer Coffee-house. I took my house in IVestboerne-place, from September, b:;t I did xat enter till Me 9th of November. I communicated to Mr. IVarille that I had taken it, and had several conversations whout furnishing it before I applied to IVright. I was indebted to Mr. Wright 5001. or 6001. I 111(1 !lot propose to him to furnish my house on credit, because I knew it would be ie vain. 1 told him I hid a friend in view, who I believed would furnish i'. 1 did not mention his name. Mr. Wardle was that friend in view, in conse quence of sonic promises that be was holding out to mu. I was to give him every information in toy power, anti to assist him in the Investigation, in return for which he was to furnish the house. 'dins w as a part of the requital to me for giving that assistance. I informed Colonel Wardle of Wright's acquiring some other person's credit. He asked some one as a friend first for his advice, and then he told me he approved of it. I had no tither means' then of paying. I was very meth shstressed at that time. Ile knew that, and knew of Wright's debt, because he advised Mr. Wright to bring an action against the person he thought ought to pay. lie promised to Mr. Wright, if he would bring such an action, that be would pay all the ci.its. lie afterwards accompanied me to Mr. Wri4lit'a, and I took him there to say that he was the person who was to be responsible. Daniel IVright attended us that day in the shop. I introduced Colonel Wardle—l do net. know I did that by name. What I said vra-, this is the Gentleman who is to furnish my house. He went for that purpose. lie was silent. We walked in the ware-room, Colonel Wardle remaining with the think. Colonel Wardle knew the state of my house, and had seen the things previously sent in on hire by Mr. Wright. . I had gone np stairs, to Mr. Wright, who was ill a-bed. When I came, he said he thought the sideboard in the Aare-rooms a very handsome one, and he ordered it instead of the one at my house. He said no thing mere—there east, indeed, very little more fur him to say—and I gave orders for the things. He had gone to Wright's afterwards a great many times, in a hackney coach. He went another time, and the object of his going was to look out other things. 1 had chosen a pattern of a carpet, in West hourne-plitce, and a piece of carpeting was sect i.. Mr. Wardle preferred one at Mr. W iglit's. Major Dodd was with him. Major D 'cid had not been there before with me, but I bell' ve he called once before with Colonel Wardle. They wished to lave a ve.irlet and bronze pattern. 1 ot•jce. rd to it, and thought it only tit for. per lours. It was an espeasive pattern. Major . . . Dodd said it wai itirt . Turkish ; he therigit it would suit me. Per that very thing (being Turkish) I objertro to it bet I said, as W*64 a good carpet, I not care 4 ..iitch about it ; Ind as they were going to pay for it (I mean Colonel Wardle), I woul.l not object. Neither of them then expressed any astonishment. Several things were ordered that morning, in the presence of Major Dodd. They were ordered by him and Mr. Wardle. Mr. Gaunow...-I take it for granted you did not very frequently object to his increasing the order ? Mrs. Clarke. —Nut in the least. The things ! were sent in January: In November, December and January, as they could get the things finished. The things were scut in on Mr. Wardle's account. Ile was continually in every room in the house, without being asked into it, looking at the furni ture from the kitchen to the garret. The maid servants complained that they had not looking glasses in their bed chambers. Sometimes he has sent back expensive furniture that Wright hag sent in, when he thought there was no occasion for it. I recollect a very large mirror coming in. lie t 1 w in a passion, and the man that brought helmet drop ped the mirror. They talked apart about it, and then Colonel Wardle ordered it back. I thciught myself it was too lunch, as there was a very large ' ehandelier in the middle of the room. Mr. Wright called, and, it being wet, begged I would give it ! house-room far that day, and perhaps he would think better of it. It was returned. Wright sent once a writing desk which was very expensive. Colonel Wardle said there were writing desk% enough in the house, and it was not wanted. I told the man to put it down to me. • Mr. GARKQW. Did Ic afterwards change his mind ? Mrs. Clarke. Oh yes ;he was ashamed of him oaf. Mr. GAnnow: After this business going on for some time, did Mr. Wright express a wish for more money ? Mrs. Clarke. Yes ;he communicated4t to me, and I commuuicat?ll his wish to Colonel Wardle, I had mot a guinea ou earth to pay it with. I told Colonel Wardle money was %vented; 50 01. oroool. way mentioned. lie said he had nut the mune? immediately, he would consult a friend, and would let me know immediately. The application for money was made to me. Lord Et.r.xxsoitouait here thought that Mrs. Clarke should have a release, which was accord ingly executed and explained to her, and then s'►e was asked if she wished to qualify any thing she had said, but she did not think that necessary. Mr. PARK said, the release should he to her husband, si►o being a married woman, and a second release was agreed to be nude. The ArroaNFY_Ge:rs•n.ti. said, however, it could not he necessary, because the huspand could hardly be liable for these things. Mr. PA nit. You'll say s - .;: is not liable, because she is an *Waitress (at this Mrs. Clarke salikd); but that you caunot inquire into now. The reiease was assented 111rs.,Clarks in continoation...Colonel Wardle said, it would be some time before ho would he prepared, and then nut with money, but a bill. He said that he sent a friend there about it. Ile turd me by sent a Mr. Gloomy—he called him Col. Glenny. The Bill was given. He told me that he would speak to a friend, a Mr. Illingworth, a wine -merchant, in Pall.mall, as at that time it o ould be improper for his, Colonel Wardle's, name to appear. Mr. Gsaaow—Did he express in terms, or leave you to conjecture from your knowledge of business, the reason of.that. Mrs. Clarke—ln consequence of the investiga tion that was going on, or about to he commenced, he thought it not right that his name should appear to any bill or in any transaction of mine. I be. here it was the 2d sif January, and I do not recol lect the date of the motion in the House of Cont .., mons against the Duke of York. That was about three weeks or a fortnight after. He said he would send Illingworth to me. He was to talk over the date of the bill. I was to make my communica tion with Wright to know what was the longest time to be allowed. This was for Cul. W. not to interfere. I never knew Illingworth before. 11. lingworth waited on him. My name might have been introduced before to Illingworth, however, though I did not know him, because my attorney had paid bins ill. or 111. for wine sent in by him. I communicated to Colonel Wardle, that Wright wanted the hill for two months ; boat he said it must be for three months. lie said he had seen Wright since I had seen him. I was informed by Cul. Wardle, that this hill sias draws on a friend, to prevent any suspicion,' or any thing getting round to the public. Illingworth was to take a bill on me for the like amount, which he told me was not worth any thing. Mr. GARROW. That was no new information to you. Mrs. Clarke—No. It was done, he said, lest Wright might bo tempted to snake more charges than he should like to pay, and then he would be able to keep the transaction with me secret. I was acquainted with Colouel Wardle before I knew Major Dodd. I saw Colonel Wardle about the end of August. I had a letter from the Ex chewier Cotfre-house without a signature. In consequence'f that letter I saw Colonel Wardle. The note was written by Mr. M'Callion. Colonel Wardle came to my mother's in Bedfertl-place, about one o'clock, and staid till dinner about six o'clock, when he told sue that Major Dodd had been waiting fur him all that time. I was rather fearful of doing what he wanted me with him alone, because he was not much known in Par liament. Major Dodd was introduced as a gen tleman, a friend of his. I had heard of Major Dodd before. His person was unknown to me.— About the end of NOrember we went a tour for three days, to view the Martello Towers. Mr. Wardle, Mr. Glenny, the engineer, and Major Dodd. They would sort let me otf the journey ; I was in very distressed circumstances. I never went out of town hut with Mr. Wardle. Land Er.teissiortotrost thought it unnecessary to pursue this course of examination further. p -- - Mrs. Macke. I first heard ordit abjection to y from Mr. IVright, about a fortnight 9r three ~sacks since, about the time Parliament was pro= ' roped. Mr. Wright trusted entirely to Colonel Wardle. Before I could go nut of town, I was obliged to !site fifty pounds of Colonel Wardle to pay the butcher, and the fishmonger, and other things. He always told' me that he'vould lend me 301. at a time. His expression was--Llend ;' but I did not understand tftat I was to repay it. The reason of my going out of town was, because I had many friends about me, and it was feared they would persuade me hot to accept of Colonel IV.'s proposals. There were no goods sent in till after the 23d of November. Cross.examincd 4 Serjeant Best. The House was first taken in November. Mr. Scrj. BEST—Tt was in consequence of a correspondence with McCallum that you became acquainted with Colonel NYardle ? Mrs. Clarke. —Yes. If you call one letter a correspooden ce. Mr. Serjcant BEST having put several questions as to the time when she first became acquainted with Colonel 11'ardle, she said it was in the end of Autumn. She said it was qnite ridiculous to examine her as to that. Sho did not recollect ex actly when the first order .was given, bat she be. licred it was after Major Dodd's letter on the 2tst of Noecaibei. It might be the 23d ;it was a few days before she went to the Martello 'rowers. Being asked whether Colonel Wardle had ordered coals, sho said he gave a general order to Mr. IVright to let me be indulged in any thing: Ho would have let me had money through Wright. He said one day when I wanted money, cannot you borrow money of Mr. Wright ? He often com. plained that he had no tnoney, but sill he foned me some whenever I wanted it. Being asked, whether she had not sent him a threatening letter, saying, that if he did not let her have 10001. she would do for him ; and whether she had cot lquarrelled with him ? She said, she had not guar ; relied ; but she hail sent a letter, written by het, ' but dictated by a Dr. Metcalfe, which she was, I - sorry she hid sent. She had not seen him for two months, As to receiving money of him, she said that he nas averse to letting her have any thing . after thei: negociatiou was settled. She once went to his house. He asked her in with a friend who was I there. She sent for him into the carriage, and told him she wanted some money, and did not care how small a sum. ile*said it would be asked of her if she was giving her information with a view to ally future advantage, but if every thing was pre viously settled, that might be fairly answered to the contrary. He afterwards sent her a draft on Marsh, Sibbald, and Co. for 201. signed by Scott, an army tailor, who assisted in the Investigation. .She then begged leave to say something to correct her evidence as to quarrelling with Col. Wardle. She tacit stated that Garfield, his Attorney, had called on her with a subpcena last Saturday, and iaid he wished to show her every respect. He wished, therefore, to serve it himself, but in a common case he should hate sent a clerk. That he desired' very much that the cute should go to arbitration to keep it from being public. That if it came before the Court, Mr. Serjeant Best would rut her up by a severe cross-examination, and Mr. Wardle would give it out to the public, that she WWI bribed by Ministers. Mr. Gaaaow...-Are you in fact bribed by any one Mrs. Clarke.---Certainly not. Mr. Daniel Wright (the Plaintiff": brother) confirmed Mrs. Clarke in every partieulkr as to the credit given to Colonel Wardle; and•said that he called, in a gig, when he was told that Wright wanted money, and nskt.4l, whether a bill would not do as well ? Being told he wanted 500!. or 6001. he said he would attend to it immediately. He also stated that the Defendant looked out the sideboard, and that Dodd and he chose the carpet; and Mrs. Clarke yielded, because she said they were to pay for it. The' amount of the bill was originally 19191. and 5001. being paid off, there were 14191. left due. No goods were sent in on credit till after Colonel Wardle had called. His name Wag not mentioned, bnt he knew him by sight. The goods sent in to tit up the house at first to the amount of 2001. were afterwards charged to Colonel Wardle. They began furnishing about the last day of November, or the Ist of Decem ber. Mrs. Clarke was not in the house till after the furniture was in. On his cross-examination by Mr. Parke, he said the bill contained a charge of 261. for car. penter's work-done, which trek not ordered by Colonel Wardle; this carpenter had done repairs to the kitchen. There Warr a charge also for 91. 159. for coals ; plaisterer's work, 241. ; painter's wtsrk, 181. One item was a tasteful figure of Mirth and Wine for a pier, that is, a lump supporta+ try a Wit, 141.; a Citation sofa, 501. ; another Grecian sofa, 431. ; chimney. glasses, 200 guineas; French window curtains, two sets for the front drawing-room (there was a third sat enumerated in this charge), 931. 16s. ad. these were without the cornices ; and a charge also of 91. 14s. for insurance from fire. Mr. Serjeant BEST, for the afendant, denied that he was liable to pay. • Be said that Mrs. Clarke and Mr. D. Wright contradicted each other materially as to the 2001. worth of furni. ture on hire, and also as to the time when the fur niture was sent in on sale. Mrs. Clarke at first wished to make it believed that the transaction took place at the end of Autumn, in order to in. clods: many things which Colonel Wardle to:told not possibly be required to pay. They diUred as to the 2001. worth of furniture on hire. One said that it was taken back, the other said it was passed 1 , to the Defendant's credit. This was clearly within the statute of frauds, and the promise should hare been in writing. With these contradictions he call ed upon the Jury to reject all the testimony of Mrs. Clarke, and of Wright also. There was gtiod reason why the Plaintiff should trust Mrs. Clarke, because she was 6001. in his debs, and ht knew her intriguing spirit, and thought it better to trust her with goods to enable her to keep up appearances, than to let her sink into insignifi cance, by which means he would toile his money. The insurance of the goods shelved that he.looked . •••••• 3 Mrs. As for alin. Clarke, she was a women sehlrh j ecthody ought to believe. She was the most artful inventor of a ne. titious tale that ever *mitered. As to Major Dodd, he could not call him, because he did net believe he was present.-I.(ONe eillthe. Jury asked here, why the bill was given for 5001. and in whose name ? this the Learned Serjeaut adseered, that it was all a fabrication).--In thircaae Col.mel Wardle's honour was at stela,; for Mrs. C. wi s hed it to be understood, that all this furniture was given as a bribe for her tcliappear in the Ifottse of Common!. The Jury would surely not invade both his property and hit honour, itp•ln the testi. mony of a woman who could he believed in no Court of Justice. If he could judge Of Colossal Wardle by his own feelings, he acid be was sure, sifter the exhibition she had wade to.tlays it was impossible that, had that happened before the mo. tion against the Duke of York, he could hate at tached any credit to her testimony. There wero no dates to any particular items throughout the whole bill. Iroid ELlANsottuuoit summed up the cuss ? and complaiued both of the Plaintiff and the Defend-. ant. The one he said had Introduced charges which were e►idehtly unfair in his bill, such as the insurance, the plaisteree, bill, Ste. (These were Risen up by the Auornoy General). There was also a charge fur kitchen furniture, but that was sometimes supplied by persons who f urnished the house, and the Jury would inquire whether that was within the scol.e of the Defendant' or der. On the other hand the Defendant bad denied the circumstance of the bill, but lie would do that at his peril ; for if ho denied it, then the charge would be so much increased: His Lord ship likewise thinieit, that if credit was crer gi►en to Mrs. Clarke for the 2001. worth of furniture, that should ha►e been pro►ided for by a promise in writing. Hi, Lordship then detailed the c►i_ dente, because there were some mistakes, or some inconsistencies in the dates, some of which were hastily applied to thiur which were not accurately settled. There was some little confusion in this respect, which could only be cleared up by read ing the vs hole ctitlencc. The Jury retired, and about nine o'clock brought in a verdict for the Plaintiff, deducting the 2001. the 6001. paid, sad also all the Items for plaistering, painting, 'insurance, &c. which are to be taken out of the bill by the Officer of the Court. CRltil. LOYEDEN, kW/. W. VARIES, ESQ. The Plaintiff is Member for Abingdon and the Defendant is the son of a gentleman in the same county, Who has eight or ten children, and Is him. ' self a Lay-fellow of Merton College, Oxford. The Plaintiff is a man of Mtge fortune, and has married successively three wives, the last of whom, his present wife, is about twenty-fire years of age, and he himself upwards of sixty. The De fendant being an intimate acquaintance of the fit- Mily, had evidently engaged the affectioes of the wife of the Plaintiff, and the present action was brought to recover damages for criminal conver. sation committed with her. 'Mr. GAIIROW opened the case on the part of the Plaintiff, and adduced evidence to %hew a very familiar intercourse between them. Two grooms of the Plaintiff deposed as to several times when tho wife of the Plaintiff and Defendant rode out together. Once they went into the nursery be longing to Mr. Render:ow, in nlgeware-road, and were observed together in s summer-house in close conversation, the Defendant having his hand upon the lady's shoulder. The coachman •and footman also stated, that in May, 1806, the lady had taken the Defendant up in her landaulet, the blinds she closed in Bond-street, and dtove with hirn • to Fleet-street. It was hot weather; she had been accustomed to have the carriage open, but this day shu hat' it closed, and when she got out she was very warm, very much tottfused, and much tumbled as to her dress. Warren Hastings, under butler to the Plaintiff, stated, that in August 1808, he had reason to sus pect that Mil. Loveden had received the visits of the Defendant, though she denied that he had been there, yet upon hearing a noise he ran out of the !mese with a pistol in his hand, and late at :tight, caught the Defendant attempting to leap over the palings to get through a plantation ad. joining the houie of the Plaintiff, In Brush:on, in Berkshire. That he then expostulated with him upon the impropriety of his coming there, after being admonished against it by his father, and by Mr. Cox, son-in:law to the Plaintiff. The De fendant then took Hastings by the hand, and pro mised never to come there again, when Hastings also promised not to disclose the secret, provided he never trespassed upon his master's premises again. Hastings.returised to the hodse, and kept the secret with respect to all but Mrs. Loveden, to whom he immediately communicated what had passed. On Friday, the 10th of March, 1809, the Plaintiff was at Abingdon, at a Meeting of the Local Militia, when it was suspected in the family that the Defendant's visits would be renew ed. Hastings, the faithful butler, suspected that he had heard the library window open, and that the Defendant was admitted by Mrs. Lovedeo.— Abont nine o'clock she ordered him to bring a glass of wine and water into the library. Thu Defendant was not there then, but he suspected that he was in the study, which was an the other side of the stairs. Mrs. Leyden went rather earlier to bed that night than usual. suspecting that the Defendant would go from the study to his mistress's healchateber, watched till two o'clock, in a place where he could see her door, but observed no one enter. He then went to bed, and the next morning went to try the door of the library. He found it was locked, and asked Mrs. Loveden for the key. She laid she had no key, and Mr. L. always kept the key with him. }fasting! then said there was a fire left burning, and he must examine it. He iftetwarde procured a carpenter to place a ladder against the window, and to open it; and Mr. Barker was found its the roots with his hoots on aed I lle great coat on his arm, hdleavouring t o hide him.. seif behind the door. He was afterwards released by Mrs. L. who found a key for the purpose. E NISI ^~~ 1 I