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

poini ;rioting down every material information he could draw from Mrs. Clarke,. upon subjects not connected immediately with the charges against the Royal Duke, but with circumstan ces relative in general to the private and do., mastic memoirs of the Royal Family. The wit ness was a long time before he cunt,' be got to give an explicit answer on this point, and pre varicated considerably in the remainder of his evidence. This part of the witness's conduct met with the severe animadversion of the Lem rued Judge, who observed, that nn man of GUM Ilia Ott decency would have gone such lengths, in grati. Eying so prurient a curiosity, as the. witness had evinced, which could be for no good motive. The witness observed, with considerable smart. ne.s, that he • had as mulch right as any other man, to indulge his curiosity. Ile was ordered to withdraw. ...... Mr. Illingworth, wine -merchant, of Pall-Mall, was next sworn., and examined by Mr. A1.1.11T. He said he had known Mai ,r Dodd fur abont eleven yeais ; but hail never scvn Colonel IVitrille more than were previous to the tiny Col. %Var.,lle and Maks* , Dodd called open him in the latter end of December, 1608, • fur the purpose of lending his bill to Mrs. Clarke, f.ir 5001. —The nature of that transacting W 43 thii: The witness was to give his bill - at three' mouths to Mrs. Clarke for the purpose of paying Wright ; and Col. Werdlb and Major Dodd ware to gpar. suttee him by advancing their own bills fur 3001. which were to become duo in a few days before Use 3 months were Atscisidisigly this pro. ceeding was adopted, end by the time the 2501. hill became deer, he was put in possession of the cash tako the 5001. bill up. Wetness called upon Mrs. Cl:rite to give her the 1011. His never sa.w her before, and was on that occasion nu more than live minutes in her company. There was no secresy imposed by Col. Wardle oil tilts per. tons acquainted with the transaction. Simeon Bull, a house-agent, residing iii it elks. strict, Hanover.square, proved the fact or Mr. Wright's paying the rent of his house, wliich Mrs. Clarke bad hired furnished for a month fur her. self in the magic of Farquhar. Sarah Mensford, • servant in the family of the Last witness, corroborated the same circumstance, and aided, that Mrs. Clarke had tol , l her, on taking the lodgings, that she was looking out for a house, which Mr. Wright was to furnish fur her. Joseph Cnrt, a roffee.house keeper, residing in CoyOltry-street, Haymarket, privial that in the month of October, last year, a lady, named Far. qnhar, nho afterwards turned out ti be Mrs. Clarke, applied to him for the purpose of taking the house In liiresthourite.plaec. 011 enquiring for a rerumriee, she directed him to Mr. F. Wright, to whom he immediately applied, and he gave her Ole character of a resrectable woman, and adds 1, that if lee had fifty 11:111Jei to let, he would give her the choice of them 1! 1 . When the ern quarter's rent became due, Mr. Wright it Nisi who paid it. William Harvey, the carpenter who repaired the house iq Itiestuourn-place, was called for the purpose of proving that Wright paid him fur the work done . therein; However, the expectations of the Leeriest Counsel In this respect, w.-re dis. appointed by the esitnesa proving that Mrs. Clar ke paid his bill herself. M r..Gil/ebaod;.clorktilif 'EM I the attorney fur the prosecution, prtalticed a copy of the re cord of the case of Allen the tailor vet - 1:a Mr'. Clarke, from which it appeared that Mr. Wright became bail for Mrs. Clarke. ' Here Mr. ALLA:- was.gping to produce the po licy of insurance from the Westminster Fire-Of fice, iii order to shew that the goods vs hich were sent by Wright into Mrs. Clarke's house in Writ , b4iirtie-place, were insured not in the oath. of , Clarke but of Farquhar ; but as that circutnatatkee ..as admitted in the Defendant's answer to the bill in cavity, the Court was of opinion, that fur ther enquiry into that business !)C sulurliu ons, in as much as the most it could prove would be a piece of the grossest Folly end stupidity, on the part of assuring panic:4, in not having in sured the property in the real ovate of the pro prietor. The next witness examined was Sir Richard hut. who stated, that aliout the period of the investigation he had a got& deal of conver sation Stith Mrs. Clarke, in the course of which tier deliti became the subject of remark. Amongst other debts she mentioned a sum of ?OWL 'hi• said she owed to Francis Wright, for th • furniture then in Westhourne-place, aid was tarrefi.re anxious t I St II her memoirs at the high est price. Th•ie conversations pa,.fed sometimes at Sir Richard Phillips's own house, n::d :At others in Westhourne-place. litre the case on the part of the prosecution closed. The ATTORNEY GENrRAL then ro‘e on the part of the Defendants. He said that the corn. plexiJit and colour of the p►osecution might be collected not only from the tumult out of doors (there had been considerable hussaing as Colonel Wardle went out of Court), but also by the man. err in which it had been opened. it was nut Eta unusual thing fur men in distress to take the in dependent line, and inveigh against corruption. In the manner, however, in which this business was opened, most serious charges were made. It was said that men were deprived of valuable em ployments wa.ler Government, as a chastisement for having discharged their duty to the country. Major Dodd, however, could not himself hear this statement withnnt expressing seme indignation.; and the fact was, that he himself (the Attorney General) had given his opinion with respect to the propriety of his removri, many months before Major Dodd had come before the Grand Jury. As to the conduit of Col. Wardle, it was in evi dence on the former trial, that he did perfectly know that Mrs. Clarke was to be produced as an evidence against him, and did, in consequence, send her a threatening letter the before, and directed his Attorney to tell her, th a if she came forward on the trial, Scrjeant Best would cut her up in cress-examination ; and he (Mr. Wardle) would spoiled a report that it was all a trlek br the Ministry. If Mrs. Clarke had spoken falsely In this respect, Mr. Corfield, the Attorney, mig ht have been called to contradict the stat e ineut. he Jury must observe, that in this case, the Defen . clams were deprived of their evidence by the ma. 'Kettering of the Prosecutors. The oldest or the most learned man in the profession of theta*, had never met, either from his experience, or in his reading, such a ease as the present., It was a most nnesnal and ult-licard.of course, and it was in vain to say that there was no other remedy but an indictment of conspiracy. If the two witnesses en the late trial, Mr. Daniel Wright and Mrs. CI irke, had been guilty of perjury, and that it sup posed that Mr. Francis Wright had subortied them to commit that perjury, the natural mode'of pro iceeding would he to indict the witnesses for per. jury, and to indict Mr. Francis Wright fcir sit , burtiation of perjury. His Learned Friend (Mr. Alley)'wa% then mistaken, when he said thu course' of justice would have been impeded, if any other I course hail been takes, besides that of indicting for conspiracy. The Prosecutor now came for ; ward with every advantage. He glint the mouths of the Defendants, by the manner in which he brought the business forward, and at the same time he opened his own mouth. He really thought, , 1 that if he pleased, he niiaht now ask his Lord- 1 ship, %healer there was any evidence at all of a ' conspiracy ? Uiscqual, however, as he might ap. 1 pear in the contest for want of evidence, he did not decline the contest, however unequal it might appear ; and if the Jury woialti but favour him with their attention, lie felt no doubt but that he would not only prove to their satisfaction, that there way no conspiracy, but that lie would go farther and prove to their satisfaction, that the verdict WAS right. In the year 1808, Mrs. Clarke appeared by no means poor. Upon an nlil acc•inet it appeared that she had owed Mr. Wright 26001. of which she had paid him 20001. Her situation, however, had much changed of late ; she had no longer the means for continuing the great expences to which she had been accus. tamed, and was absolutely hopeless. At the time she was met by Colonel Wardle, she was ab solutely peunyless. Wright was an upholsterer, who mas under an obligation to her fur former ere : ployment and recommendations, and welsh] have been happy to have served her ; but at the same time it would be ridiculous to suppose that he would trust her with 20001. when she already owed him above 6001. which he had very little prospect of ever getting. At the same time, however, that it was improbable that . .Mr. ' Wright. woeld have trusted her, it was not at all. improbable, that Mr. Wardle would hare given her credit. Colonel Wardle was a man, who at Witt time certainly expected great renown front the course he was pursuing,. if he had no farther' personal objects. His whole mind was then fixed on one single object, %etch was the card by which he steered his course. At that time it was not known by those who took a part in the investiga. lion, that Mr. Wardle had given 1001. within the 'first three days that he ever saw Mrs. Clarke ; and if the circiiiiistan.!e had been then known, it , reronitl have excited the utmost degree of astonish nent. IVheir it was considered that Mrs. ' Clarke had excluded herself, from th moment That she joined u ith Colonel Wardle, from the advantages she once enjoyed mad might still hope to enjoy, it could not be suppnaed that she would make so groat a sacrifice, without sufficient pro. (nisei and inducements. Whether the promises wore defined or not, still it must be snpposed that she expected him to do something for her. As to i Colonel IVardle, he considered him implicated up 'to the chin, as far as any man could be by hind 'nee and interest, without becoming an iiicompe. tent witness. As to Major Dodd be knew that Strathing could t more distressing to his illustrious PsiefteF, than that this investigation should be pro 'awarded:in against the Duke of York. Knowing this, as !Major Dodd, must have known it, what could have been more indecent than Major Dodd going from the Dote of Kent to Mrs. Llarke, and rColonel Wardle, without ever appriabor the illus. HApes Prince of these visits ? C u uhl it be s u pp os ed ! t Mr. Dodd, as well as Mr. Wardle, was not salaamd by some censiilerations of great personal advantage to theinselve- ? Mr. Glenny was the neat witucss, and lie would appear to be as much interested as kny of the rest, and he said that it was by mere accident that he happened to make the party to go down to look at the Stencil° Towers ; and yet it appeared that he took notes not only of military affairs, but even of these things, %hick it would be supposed no man would wish to register, the secrets which Mrs. Clarke chase to divulge respecting the Royal Family. As i to Culotte] Wardle, there was no improbability at all in Isis pleding himself for the money. Mrs. earka was so material i witness to him in the cease which he had so much at heart, that he could have throe nothing without her. Its could not even have opened his case without her. What should have brought Mr. Wardle into the shop of Mr. Wright, unless for the purpose stated ? He had every reason to keep away, and yet he was found spending half an hour, or three quarters of an hour, in the shop at one time. Nothing could be more probable than the account given of this by the Defendant. Francis Wright said, that he would not have trusted goods out of his shop, un. less the person on whom he could rely for payment had been introduced. This ass a good reason for Mr. Wardle's beiog seen in the shop of Mr. W. and it was the only good reason. As to the mote of Mr. I llingworth, it appeared altogether a jug. gle. There was no reason for the circuitous round. about course that was taken, but that it was abso lutely necessary to conceal the names of Major Dodd and Mr. Wardle. If they had given their names directly to Mr. Wright, it would hart been impossible to conceal the degree in which they were connected with Mrs. Clarke. The re ceipt which had been produced, appeared to be in itself conclusive of the cause, It rat, as fol. lows :—" Received from Mr. Illingworth, an ac. ceptance of 5001. which, when paid, will be um account of goods delivered to Mrs. Mary Ann Clarke, at her house in Wesibmirne-place." LloW _did that receipt, which—was in their pos. 7 • THI3 STATESMAN. , sessiwn, agree with the - story *hid! i tiff had told, that tliC 5001. which Mrs. Clarke want.. cd, was on account of the ElOOl. of old debt, • with which she had been pressed by Mr, Wright? His ',earned Friend (Mr. - Alley) had taken great credit (or magnanimity in allowing the answer of Frauds Wright to be read. The fact was, that instead of magnanimity this was cuistrivauee; fur if the answer had not been read, Mr. Francis Wright might immediately have been actuated for want of any sort of evidence against hint, and then he might have gone into the bar as a witness. It was the reading his'inswer that so far iMplicahssl him as to prevent Ms being a witness. lie'shOuld say but little of Colonel Wardle personally, 'but he would say of hls situation, that he wiW - aman against whom a verdict fur abOve 10001. had been lately given, and who had a hope-or expectation that a Court of Etteity would protect him from the payment of it. It *lli impaisible to conceive any person wore interested than Col. Wardle. Ile was not interested merely by the pecuniary consi. deratiun, but by his cheracter, which was deeply involved in the transaction. Major Dodd was also deeply interested ; who, fro . m his attachment to his new friend, had sacrificed all his hopes from his old friend and benefactor. The story itself was in the highest degree improbable, that a tradesman would lend property to the amount of two thousand pounds to a person who already owed him 5001. and from whom he had no other chance of payment but lending her money. • It It was certain that the Wrights were bail fur Mrs. 'Clarke, hut then they run nu risk, as they knew she could plead her cuverture. By his going bail, Mr. Wright sheaved a disposition to befriend her, but by no mean, to give her credit. It was cu. rious, however, to sec how the testimony on the part of the Plaintiff in the late action was endea voured to be shaken. It was strange to see Mr. Wardle impeaching the evidence of Mrs. Clarke. When she was his witness, she was all sincerity, simplicity, and truth ; but, as wen as she gave evidence which touched the pocket of Mr. War. die, then she was every thing that was foul and abominable. When, by the assistatiee of Mrs. Clarke, he had contrived to ruin the character of' ' another, it would be too hard that he should be allowed lo redeem his own by impeaching her les. tiinony. Throughout tiler whole of the insesti. gation, he del not find any period to doubt her veracity ; but now wliea her evidence goes to prove hien liable to a dela which lie legally con tracted, then she is every thing th it is fal,e and foul. There was anather witness against whom .there was nothing like itnpeacliment. Mr. Daniel Wright was a most unimpeachible witness, and if bc could be impeached, it must be allowed that sufficient 'Wintry was exhibited in the course of this trial to find out something against him. This industry was exhibited in suloposisaing no lass than ! three tit the Reyal_Family,, and a number of the Peers of the Realm. These witnesses , Although.' subpoenaed and attending, were nut examined, and he would confidently say, that the only reason of subincuaing them was, that there shwal the appearance of sumething extraordinary iii the pre sent case, and that the public should there was something catret and *nlystetimiss in Whets his Learned Friend talked of " the priaci. paljeggler," and said that he knew who lie meant, he must declare that his Learned Friend a - as en. Becy' euisiaken. lie did ant know or cones:ire who was meant ; and if be had known, he shauld have taken care immediaiely to bring that Mali for ward, if he aas within the reach of a messenger. If the.dury were now to pause and consider how the tau ditiercut cases presented themselves, he would say that all the probabilities of the case were oil the side of his clieuts; for it was the most improba. ble thing in the world, that Wright should have advanced a further sum of 20001. alien he had lit. tic chance of recovering the 6001. which hail been so lung due. There was also hardly a possibility of construing thu receipt in ally- other nay but as an acknowledgment un the part of those who tuck it, that this 5001. was given, not iu consider. shun of any old debt, but un account or the goods sent into tne house at Westbourne.place. The probabilities of the case being entirely with his client, he believed that the facts would appear so also, if the evidence was considered, which had been given by the present Defendants at the for. iota trial. It was an extraordinary thing that the Prosecutor did nut venture to examine Serjeant Best on the present occasion, although be hail been subpoenaed, and was then in Cuurt. If he bad been examined, he must have contradicted that assertion which Colonel Wardle made in his Address to the People of the United Kingdom. TheAttnr tiey.(iieticral then stated the evidence which Mr. Stukus would give, and commented with great force on the want of memory in the Prosecutor, who could forget that there was such evidence air hi s p o w e r se, cusuinand. Mr. Stu's; called and examined. Witness said he was an attorney ; he was ens ployed for the Plaintiffs in the former action, slid for the. Defendants in thi,. lie was summoned to attetel the House of Cotninoni during tlic late en: quiry. Before his obeying the sum nuns,' went to see Colonel Wardle, by his desire—[hero the summons to Mr. Stokes, and Colonel Wardle's letter to him, were real]—flu found Colonel Wardle at breakfast in lira front drawing-room ; fire was ordered to bc lighted iu the back drawing-room, Whither he and Culotte! Wardle retired. He said to Cul•anel Wardle " What could induCe you to call ma as a witness!" Col. Wardlosaid, it was to speak 'you the subject of Ferz's action. Mr. Stokes said, that perhaps Col. Wardle was not aware of the danger of calling him, as he was liable to a cross-examination, and would be obliged to tell all he knew of the in. vestigation ; he would be obliged to tell that Mrs. Clarke had told him that slte expected to derive considerable ad►antage from her evitlctice; he did not wish to be called to hurt Mrs. Chile, but if called he could nut help it. Cul. Wardle was then safe from his eviiienco l as, if he was called by the utbcr side, he could claim the privi lege of secrecy as Mrs. Clarke,* Attorney. Wardle replied, that if !had was the ruse, he would not call him. When be wAi there, a: Mr. Wright Was assatmacol, who 1 Y MOZd• • Wardle said, was . the epboisterer, who came to be etamined by hist, upon *Nth he said, he hoped Colonel Wardle. i 244 1. kat ,mean to call bigo t as he would do him Ml4l, Itchier ; because he ~ could not claim 1)60110 ei 1 4fOrne l oi nil then ishis whole circutditancß fCcifonerWarspe tor. nishieg Mrs. Clarke's he Se would be discovered, arid also his sending Wright to him to bring an action against the Dtp‘kp of York: . Col. 'Ward!, asked him if he thoug i lit then till;lmre would ho - danger in.calling Wrighi'; 6'• 7 Is:hichSe said, he 1 thought there would, asll ifJ not thkit Wright world conceal the truth ;) and that j ehen if he I did, he had not head enough to evade the questioh. Col. Wardle Wen said, 66 Whit shall 1 . do with him?" on whicA l witnrst said, it w mild he dangerous ' for him to seeYright at all;' and then Cu). Wardle desired witness to go down himself, and dismiss Wright, which lie did. After this, he got s second summons to attend the House of Cgimmotis, upon which he wrote to Colonel W.irille, and Colonel Wardle told hint he had not summoned I him, and if the summons did n o t coll.: from the other side never to mind attending , lie did nut attend, and heard no more on the subject; he heard W right was not summoned ; he was positive as to the fact of hi. speaking to Culotte! Wardle of the circumstance of Mrs. Clarke's house being furnish.ll; he did not write down his conversa. Coo with Mr. Wardle; he did nut bring in IVright to Colonel Wardle when Wright called at Colonel %Vanity's kit he should be further cum. milted. lie made no communication to the Duke of York, nor was there any communication made that lie knew of ; he never was at Oatlands, but he once got an order to see the grotto there, which he gave to some comraon friends of his and Mr. Alloy's. lie knew Mr. Wilkinson ; he told him about the furnishing Mrs. Clarke s house last Michaelmas term, not before it ; his desire to see the grotto was merely curiosity; he did nut communicate to any ono what he kuew as Mrs. Clarke's attorney; lie told Wilkinson, on the in. dictment for a conspiracy being found. Mr. A MAY here begged to submit to the Coed that the evidence just given by Mr. Stokes %as to. tally unexpected, not only by hi.nself, but by the whol.: Court, amt merited to be only decided upon by the A itorney-Gencral, oithin a very few minutes, to call him, and therCfrll'e he intrettod the ithltil i :etice of the Court fur hee'rhinutes, until Colonel Wardle could be sent t to be again a. amined. Lord ELLENBORTiIaiI said that the Court would certainly wait five minutes. The ATTORNEY-GINCRAL expressed his con. sent, adding, that iie inSited the esrnination iit Colonel Wardle. Culoacl Wardle recollected Mr. Stokes coming to -his house during the investigation. Mr. .Stokes had - been subpsenaed on the subject . of what had mac out on the investigation rape ct. ing Mr. Tew's transaction with Mrs. Clarke. Mrs. Clarke had pleaded her coverture to that action. That was thu only reason for summit% Mr. Stokt'a, that he could recollect. „ Q. __ • ••• Q . Did yoo assign as a reastin tin- deeming ” to call . Mr. gibk.., 'list he being tequaitcted ' 44 with the transactions between you and Mr. " Wright, might, by his examination, do you, ?" 46 A. Never."—To thebesr of my recollection the summons was setit iiW the ground of her having stated to me that she had raid the debt, after having surcessfelly pleaded her covert:ire. That fact I reeMieet we did prove",, I believe. by Mr. rew ; other evidence was uncle. cease ry. ti ..s . • . 46 Q. Did Mr. Stokes 'they shat: t° you, that , 64 Wright's evidence would be dangerous to you, 64 its consequence of his furnishing Mrs. Clarke'a 6 6 house ?" c. A. Certainly not." • The ATTORNEY-GENtilttL then expressed a wish that Mr. Wardle would leareihe Cohn ; on which Mr. ALLEY said, that finding so unprecedented an attack had been made, and was about to be con. tinued, on the credibility of his client, he trusted he Should be ;aermitted to call witnesses to the ge. tiers! character and reputation of Cul. Wardle. The Arroamar•Gattcam. opposed this ; amid Lord ELLemsoaoucu said, that the admibaiuo of evideuce to support the credibility of witnesses that had been contradicted, would lead to cotlless inquiry. There would be no end to compurgators. The ATTORNIET.GENIMAL then begged leave to make a few remarks of the evidence that had just been delivered by Colonel Wardle. Hu oliserved that they had called up Colonel Wardle to contra. diet Mr. Stokes—he begged that the Jury would carry in their recollection, the clear and reflecting manner in which Mr. Stokes hadi, given his evi. deuce respecting. his memory, by . the documents which kid • brill produced, and 'which certainly tended to contra Ms evidence. That Coionel Wardle shoulthave contradicted him was perfectly natural. It" Whad net been ready to contradict him, he had better have gone into Yorkshire. With rospect t,s the degree of credit to Which Col. War. die, on this odeasion, was entitled to, he would qoly observe r that Col. Wardle, after haring made a gift tw'.ititrs. Clarke of 1001. b: face she gave her es ideate, had suppressed the knowledge, of that gift ell this , day—that was art impu tation—and there was nu such losputit:uu on the character of Mr. Stokes, whose respecta. billy could not.. he impeached. • The pers.snal acquaintance between Mt. Stokes, avid his Learned Friend (Mr. Allef), was indeed such that it was forte evidettee of his respects. wily. H e had wish:A Colonel Wardle to io out of Wort, because when he looked at the aectirecys with which Mr. S. had given hist:ride's"; Rd i d . ivid. not help expressin4 his confidence Wit tli s e Soy wonld give credit to that evidencx... 'Mr. Stoicev‘ Gentlemen, you will consider has Mu interest iK this question—he can have n - Ifiterest in it. Cul. Wardle, on the other hand t has the deepest interest in the event of this trial?'Ylitt'haio heatd Cats evidence of Mr. Stoke', and aTtiM hearing that, I think it impossible that you sfletillthesitaWin hi:lnning either Ins evidence, or tisat of •Alr. Wright. Mr. As.r.sr.—Thon2ll he had now been • ep. wards.of 16 years in the profession, he had never been called epee to perform a more painful duty. it