The British Press; or, Morning Literary Advertiser. — London, England, 1809-12-12 00:00:00

~~ . iistilaratost, N.A. lA* 'rot know ; told -yea ' tefore, 1 left it to my professional frienda. Q. You are not then withaot hopes of getting •ihl of the ii:dgnient, by equit7 ?—A. I um not a 14.41.er, I do not know the different processes. Q. Do you suppose if you were to convict those Defendants, it would be the means of getting rid ef thelitidgesient n4t a professional man, tad ininlTOt answer. • Mr. AttLY—" My Lot d, I make an objection to this question." Lord E.2.teNSOKOUGI4—` , There cannot be any, for any man can tell what his mind dictates." Q. DO you not expect their conviction will pre vent your paying the motley ?—A. I understand sot; for I have been told, that the verdict was de.+ claire, if a court of equity did not relieve me. Q. Do you nut expect their conviction will exo iterate yon 1 should be very glad that it would; I have no rational hope that it will, bemoan I have nut been led to hope so. Q. Do you expect ?—.k. 1 have none held out town. By Lord Lt.t.P.NBOROCtiIt. At this moment have you uuy expectation ? A. I eis not knew, my Lord. By Me ATTORn EV-G LNER 1.. Q. You do not hope ?—A. 1 do now, by your pitman: and pressing the question. Q. Yon do then hope ?—A. I do. Q. You did not hope before?..-A. Not until collected fruinyou that I had reason to hope. • Q. 11 tve 1. by word or action, tin eu )ou roma to hope 1 have collected so much from you. Q. Would not Mrs. Clarke engage with you, without Major Doild's security ?—A. Yes; Major Dodd was never mentioned, as to the inquiry, and be never Wal concerned in it; but if you wish to press this question, I will be obliged to express what I would not wish to relate. Dir. Arroase Ey Ges ram. —We want the truth, and nothing else; we don't went dark an swers; we want the Jury to bl.t►egnaiuted with all. I will ask you a question: Now came Major Dodd nn the expedition to the Martell° towers?--A. before I ever saw Mrs. Clarke. I had agreed with Majors Dodd and Dleniiie to take that tour. Mr. AT MANZI' • GENKRAL....I desire an an- _ . flat time Major * Dodd's name was mentioned before- Airs. Oat ke, she concealed cir cumstances that even you would give me credit for not di.closiag. Q. Did Mrs. Clarke know that Major Dodd was concerned in the Inquiry?—A. Never. Q. Was it net in consequence of some request of 11Irs. Clarke, in some circumstances in which Major Dodd's name was Mentioned, that produced his introduction ?—A. It was in consequence of what Mrs. Clarke had said of hint and other persons. Q. Is not tilojor Dochl.ll friend of your'd Yes, and an unfortunate one, for be has Isst J,qllol. per annum his friendship. Q. I should wish to know this meArry that you are so loth to dissolve:—t. Mr.. barke stated at my first interview, tiro St ii.,r D , ild had said, if site gave evidence or made a disclosure, it would be her ruin. 1 brought lira lettercontradieting that re- , pert. She elven gave me information, which I hope and trust you will not ask me to relate, it would indeed be a painful task. lie turned round to the , Noble and Learned Jude, and said My Lord, it relates to'the Royal I . amily." Mr. Al manor-GEN EttAl.—" I wm I have it, for you cannot do thew wore mischief than you have done." Loyd EI,LENSOIIOcGtI—." It becomes a duty on Inc to stop this kind of evidence, if it is lint relevant to the (.46e.. It is my duty to protect the. lowest subject from slander, and surely the Voyul Family is entitled to the same protealon." Mr. WAILDLII—" It as quite irrelevant to the case." By the ATT3ENLY-GEWERAL. Q. You stated, that you tweer mentioned to Mrs. Clarke, that the Duke of Keut was acquainted with the busions of the inquiry. Did not you ad vise Francis Wnght to sue his (;oval Highness the Duke of Yotk for Mrs. Clarke's old debt ?—.A. I never did; when Wriaht was pressing Mrs. Clarke for the money. I said, if it was his Royal Highness's debt, he ought to pay it. Q. Were you iii the /la!! during the trial ? did you not communicate with yoor Attorney ?and were not Major Uodd and Giennie With you ?—A. I was in the Dill, or at the tavern. the Kiug'. Arms. 1 received wntten communientione from my Solicitor, woe of which was, that Mrs. Clarke had ',wan t th a t I promined to pay for the furniture, in the preemie of Major Dodd ; I exclaimed .4 then I wrap sure of a verdict, as Ma or Dodd could relon her evi. dence." Majors MU and Glennie were with we ; the former tientlennso only was s:fhplesed. Mr. GLZ*OL then re-examined Col. Wardle. Q. To whom did Col. Wardle give the note he sent into Court to Cortield ---A. To a person of the name of Macallum. ity Lord Et.t.aosoitoretn. Q. What reavon do you amigo fur giving the triple set eF holes to Illingworth ?—.l. Because I di.! not vtivb to be answerable for the money. Q. But why resort to this scheme, if your own Note woolal have answered the vim & purpos e ?-.. A. Because I could then have had no recourse on Mrs. Clarke. Q. Did you think that recourse worth a forthing, kinmilig she %1111. a married woman I—A. I thought it better that the claim upon her should be in the liaiide of n third party, as they could with hater glrdler endeavour to procure the money, and would be inure likely to succeed ilian I wouid. Q. Did you gave he: ai l more than the 1201. you have stated ?—A. Nothing more. Q. Nor make her any promises of rensoneration ? —A. No. I never held nut any reward to her, but what she would be likely in receive from a public, grateful fur her services. in standing forward in their cause. MAJOR DODD. here the examioation of Colonel ‘Vardte closed, and the next witness called wow Major Dodd, who. breug sworn, sad interrogated by Mr.CI.EADE, deposed, that He - . wits ft Cdpiain in the Royal Artillery ; first saw Mn. Clarke on thr .2Gth Lkcesnber ; thrsamr day on which he, Col. Wardle. Mr. Glennie. and Mrs. Clarke set nut tsr Ilythe. on their visit to the Martell. Towers.—.-lie went down to Illthe with thous, sod immediately returned. • ~ • • this exitinntiutt was "going ie., lOtal hut• zas from the Hell, occasioned by the populace cheering Mr. Wardle, were so predominant, that the busiest*, ut the Court was interrupted. Lord ELLEN BOROUGH immediately (tweeted the Under- Sheriff to clear thu Hall, and lonig before him any person he could find making this noise, in gross .viulatiou of all that decorum clue to a Court of Jus lice. The Court waited till the return of this facer, as his lordship declared lie would never antler the cause of justice to proceed,while clamour and riot could affect their conduct. • On the return of the Under-Sheriff his Lordship observed, that he would hold him or his principul responsible for every act of this reprehensible dv scnption, which it was in the power of an efficient posse roxitalsis to prevent. It was too much the dis position of the present day, by riot and clamour to interfere with the institutions of the country, brit while he held that seat, he would never permit such indecorous proceedings to take place withinthe limits atria authority. Whoever should be found acting thug, be would fine most severely, and commit to Newgate for the oll'ence.—lt was Intolerable, and not to be endured, and he trusted what he now .said would have the effect of procuring a sufficient po lice, to check such disorders in future, and to bring the perpetrators to justice. The examination of Major Dodd was then pro ceeded in, and he stated, that he Raw Mrs. Clarke again on the Ist of December ; that on that day he went with her and Colonel 11'ardle in a coach towards Holborn ; that in going or coming, he could not recollect which, she proposed to them to call at her upholsterer's ; in consequence of this, they called at Mr. IVright'e, in Hatlibone-place, where they saw Daniel Wright, the upholsterer, up stairs. There was no man present ; but a man came in occasionally with carpets, as patterns. Mrs. Clarke pointed out some window-curtains, which she saitl were given to het. by the Duke of York, in Gloucester-place; also some chairs, which she said were either the same or similar to what were to be sent into her house; also some chair-corers, which she said she had painted her self, and were making up into furniture for her.— He thinks he was close to Mrs. Clarke all the tune they were at Wright'., and did not recollect her introducing Colonel 11'srdle, as the gentle man wno was to pay for the furniture, or even her introducing him at all. Nothing passed, in his hewing. to cause a belief thet Colonel IVardle was to furnish the home. They staid only a few minutes at W'right's, not more than ten.— He accompanied Mrs. Clarke once, and only once more to. Wright's ; they were alone. The object of the visit was to expedite the furnishing of the house. tie was never applied to by Mrs. Clarke to procure a loan of money from Col. Wardle, but he did join in procuring for her a loan she granted. He was never by whet such Irian was mentioned in con versation with Col. Wardle. lie knew of Ming worth's giving IYright an acc,rptance for 5001., and that lie and Col. Wardle gave lllingworth their acceptances for 2301. each, as his security. lie never at at any time heard Colonel Wardle say lie would furnish the house in Westbourne-place, or giro cause for believing he would do so ; Colonel 11"ardle, on the Ist of December, did not. directly or indiretly, in his hearing, make himself liable for this furniture ; he was at this period Prierste Se rretary to his Royal Highness the Duke of Nerd, and also held another appointment of conside rable euialuinent ; he had relinquialud the former. and could riot state on what day; this dismissal front the letter might be the subject of future in qiiiry iu that Court, situ theVefore he did not feel himself called upon to particularize the circum- YtiIIICCIII connected• with it. Mr. Clarke looked at several patterns of carpeu. ■nd asked his and Co loud Wardle's opiniobs upon them, which they gave, but he never heardjblis. Clarke say, that she would take any particular pattern, as they were to pay for the carpet. C'rose-efay4issed GARROW. Q. Did you knuw of the investigation, as it has been called, into the conduct of the Oukr of York, froM Colonel Wardle, before you were introduced to Mits. Clarke?,—(To this question some legal ob jections wire taken, by the opposite Counsel, but these were ova-ruled by the Jude, who cautioned them agaimit making needless utlections.).—A. Yes I did. Q. How long before yoor introduction. had you known of this Investigation ?—A. I do not posi tively kuots.---1 frequently heard Mr. Wardle speak of inquiries into different abuses. Q. [ - led you frrquent conve►aations on the sub ject of this investigation ? A. Yes ; I think had. Q. Are you not certain they were frequent ? A. I had some conversations. Ido not know whe ther frequebt or not. I think not frequent. Q. It is tour own word. Had you conversations ouce, twice, or thrice ?—A. Perhaps thrice. Q. When did you lira know of Mr. Wardle's irropositon to take Nit... Clarke to visit the Martell° Towers ?—A. Net sooner than ens, two, or three Jaya before we set out. I think two days. Q. Was the smell made then ?—A. No. I had the journey in contemplation for some time before. Q. Did Col. Wardle explain his reasons for tak ing Mrs. Clarke with him ?—A. Yes; to get inform •atton from her on the subject he wished so much to develop,. Q. Did Mrs. Clarke know you were Private Se cretary to the I)u•.e of Kent ?—A. I do not know. I cannot answer that question, whether she did or not. Very probably she was told so. Q. flow long were you on the tour ?—A. From the Itirli to the .loch of November. Q. De you mean to stake your credit, that Mrs. Clarke :lid not know yogi were Secretary to the Duke of Kent ?—A. She might know. Q. Did she return to town ignorant of that fart?' —A. Certainly not. The impression on my mind is, that she might not know it before the journey ; but she must have known it after that. Q. Was there any conversation then during the journey to lead her to this knowledge ?—A. There certainly was; by which abc could not fail to un derstand so. Q. Were there conversations in pursuit of Mr. Wardle's inquir against the brother of your Itnyal Master ?—.4. No ! they took place about the dis turbances at Gibraltar. Q. Ibul you ewer charge Colonel Wartne with any message to Mre.Clarke?—A. Never. i , •,_ Vou took nA3 iniere,t in tlic inVelligation A. As much as any min in the country, wlt was a mere spectator. Q. Did yon give Colonel Wardle any informa tion to assist him in his inquiry?—A. I gave him often my opinion on military subjects. Q. Did Sou give him tiny infraustion to as.ist him in his inquiry must repeat the ipte.tion.— A. I gave him my opinion on the investigation. Q. Did you give him what was meant to he as sistance?--A. I do not know how he received it. - Q. Did you see hint daily during the investiga tion ?—A. I saw him frequently, but not daily. Q. Everyday on which the investigatiou took place, did you not see him ?—A. I saw him often. I will not swear they were not daily. Q. During this time, did you see him frequently in company with Mrs. Clarke ?—A. I did. Q. War the ingoiiry the subject of frequent con versations?—A. The inquiry was; but I caunot say whether Mrs. Clarke evidence was or not. Upon further examination, the witness stated as follows:—"" I thought Mrs. Clarke's evidence of great importance to Mr. Wardle; 1 never made notes of what Mrs. Clarke said ; never was in the House of Cornmoos dining the investigation, but when Mr. Wardle made his motion. I did not un derstand Mrs. C. to be in bad circumstances; I considered her neither• as high or low, but as able to pay her way ; 1 knew of no impediment to our journey to the 'Monello towers born Mrs. Clarke's want of money, or any other cause. Mr. Wardle told me one day--a day or two before we set out— that she wanted money from him to pay her butcher and baker. Mr. Wardle was a new acquaintance of Mrs. Clarke, and had not been admitted to her presence above a week, when she borrowed mo ney of him. She also borrowed money of nee, 51., three months after my acquaintance with her khan." [Here Mr. CLIKROW observed, that she regularly descended from the Colonel to the Major, and spared the latter much longer than the former.] "I understood Mr.Wardle had given her the mo ney; he (Mr. W.) being a family maw, could nut be supposed to give her money for any thing im proper; he gave it her to pay her butcher and baker, without which she could not have gone with hini to the IMartello towers ; it was not, in my ap prehension, a loan. but a gift. I visited West bourne-place the day, or probably the day after, I returned ; and the day after that visited Wright's, in company with Colonel ‘Vaiille. who had given Mrs. Clarke 1001. on three days acquaintance. I did not pump Mrs. Clarke on our journey, nor do I know that any one examined her; I did not Luke interest enough in the investigation to trouble my self with it. Mr. Wardle was the man who exa mined Mrv. Clarke, arid saw from theoce that she was indispensably necessary as a witness for him on the investigation ; they could not miss having this in mind while they were at Wright's. I saw expert. sive furniture at IVright's, and afterwards saw the same at Westbourne-place. The carpets, soli the whole style of the articles, appeared to me to be of the most expensive kind ; I saw this furniture in Mrs. Clarke's house, but cannot 'toy how soon after we were at Wright's; I do not remember ■ny fur niture coming in but some chairs—but the house was gradually furnished about this time ; as far as I could guess, it must have cost 2,0001. During the intimry, Mr. Wardle was perfectly satisfied with Mrs. Clarke ; she was a most important warless to • him, and, if be could have her believed, went far to establish his charge. Ido not recollect Mr. War dle's expressing his satisfaction or dissatiefuction with her; about December I knew that Wright wanted money, and I assisted so far iu procuring it, as to go to Mr. Illingworth, with Mr. Wardle, to negociste the matter. Mr. Illingworth is a person with whom I had dealings, and was well actinainted. Mr. Wardle told use that Wright was distressing Mrs. Clarke, and that she. with tears in her eyes, had implored Isis assistance. This lie had refused her, but asked me if I knew any way by which Wright could be accommodated ? 1 told him it was not uncommon for one tradesman to assist another with his bill, and I told Illingworth. that it was to ac commodate Wright we required his acceptance.— We promised him to be security for his money, and guarantee his safety. It would not have bee■ in convenient for me to have advanced 5001. for Col. Wardle at this time. I spoke to Illingworth solely to oblige Win (Col. W'.). Mr. Illingworth gave Wright his hill for 5001., and Colonel Wardle and I accepted ty o bills for him, amounting to 2501. each ; when due, I paid my Lill, and Mr.- War Ile has since repaid me; I could have paid the mo• ney at Kest. 1 did not at once lend the 2501., 111 I could have done. for Mrs. Clarke to go and pay Wright, because I did not conceive Mr. Illingworth would have drawn on me. The inquiry had nut begun at this time. 1 knew of no inquiries made of Mrs. Clarke or Mr. IViirdle ; no pressing of questions by members of the I louse of Commune, pending the investigation, to know whether ally prowlers or inducements had been held out by Colonel Wardle to Mrs. Clarke, for her evidence. (On further questioning on this point witness acknowledged) I did know from the Jour nal► of the House, that these inquiries had been pressed by ,Members 014 Mrs. Clarke and Colonel tVardle--I also understood so from Mrs. Clarke and Colonel Wardle. After the transactioit with Mr. Illingworth, he told we, that Mrs. Clarke bud got wine from hini." Q. Why did yin construct all the machiney, and take so circuitous a route with respect to the bills with Illingworth ?—A. I conceive the trans action was direct. Q. What reason had you, but to keep the trans. action secret, for hot sufPring Wright to draw on you or Wardle?—A. I thought it better that Mr. . Wardle's name should not appear. • Q. Did not this conceal it ? but you did not know this at the tune ; it was reserved to me to illu mine you.—A. If Mr. Wardle had asked me for the loan of the money down, I would have done it. Q. Can you assign no reason for the circuitons route you chose to adopt ?—A. No; I have answered already, and do not choose to answer impertinent questions. Q. I am not satisfied with your answers ; you do not know whom you are dealing with, if you think so to baffle inc ?—A. Neither do you seem to know whom you are dealing with. Q. Did not you pretend to have the authority of your Royal Master for what you did, while yon knew perfectly well that you had no such autho. , Twirl ,is ►ity ?..ssA. tlt lie* that his Royal Highness deeply lamented the charge against the Duke of York. Q. Did not you know that the truth was directly contrary to his taking any share in these detest a bl e proceedings?—A. Not before I went to the coast. thought then, as Ido now, that the Doke of Kent would always discourage this charge against his brother. Q. Did not you know that !se expressed the strongest displeasure at it?—A. Yes, he alway s expressed the utmost sorrow at the accusatio u against the Duke of Yak. ' Q. And, while you were his private confidential Secretary, you frequently, almost daily. joined the cabal at Westbourne.pllace. to assist iu the plot for his brother's ruin, which you knew to be so disgusting, so hateful to your royal master I—A. I was frequently at Westbourne-place. -Q. You were frequently (for you like the word) at Westbourne-place during the Inquiry ; you left the Duke alien:, and perhaps after joining its his expressions of regret for the accusations against hit brother, iinmed►ately on the same' day rushcd to Westbounie-place, to consult with his t•uewties hoe: to effect the removal of the Royal Duke ; from thence yon returned, reeking hot, to your injured Master ?—A.I went front the Duke of Kent's to my own house, and from that to Westbourne place, but I never returned from Westbourne place to hisitoyal Highness. No ; they were midnight hours. They were. —I. My Lord. may I be allowed to explain my self?-1 viewed Colonel Wardle aa a patriotic Man, and a senator coming forward to serve his cottony ; I too have served my country twenty-nine years, and would be ashamed of myself, should I suffer any private views to interfere with the great and paramount duty I owe the public. I conceive that no 'situation or circumstance in life would excuse me for not having resisted, as much as my pOwer and abilities penuitted, to promote so jest and patriotic a design as that of_Caul. Wardle." (liiither Examined.) The Duke of Kent knew nothing of the cabal iu Westbournevlace.—l did not think it necessary to leave his Royal Highness's per Vice ; I conceived it would be iodelicate in me to mention the circum stance to the Duke of Kent, and never thought of asking leave of ab►ence. I always did my duty to his Royal Highness. Two papers were now put iuto the witness's hand. by Mr. Garrow. Q. Aie these your hand writing 1 believe they are. Q. We do not want to know your beliefs—are they or are they not ?—A. 1 have uo doubt they Ste. Q. Will you swear they are not ?—A. I will not swear they are--I think and bellete they are-1 have no doubt of it. Q. Were they written during the investigation in the House of Commons?—A. 1 do not think they were written during that period—they might be written before it commenced. Q. Were they wiitten with the view of assisting Colonel Wardle in examining witnesses?.—A. No. Q. Where *rem they written?—A. They arse written in town. Q. Were the questions handed to Mr. Wardle to be put to witnesses ?—A. They were suggestions to Mr. Wardle, or probably, or very likely, to Mrs. Clarke. Q. oho ! this is more than we wished. Do you recollect uny oilier such suggestions to Colonel Wardle or Mrs. Clarke ?—A. No, I do not. I suppose these were the only suggestions I ever made to either. Q. If they were piestions, do you think they would be applied to the witnesses ? —A. They are suggestions before the inquiry began. I presume. [Another paper was put into witnesies hunt!, which he acknowledged to be his hand-writing.l Mr. GARILOW—I. My Lord, if it se thought ne cessary. I sin now ready to go into the cause of Major Dodd's dismissed." Lora Et.t.ateaottottatt—" I never could see, from the first, what this had to do with the qestion, but suffered the examination on that point to proceed. rather than risk the exclusion of mil, matter that might he relevant. I now perceive that it has no thing. to do with the case, and cannot therefore permit it to be discussed any further." Mr. asaitow—" My Lord, I was of the same opinion." Major Dodd, re-examined by Mr. BoLLAN b. Stated, that when the chairs were brought to Westbourne-place, one day when he was there, the servant entered the room, and informed Mrs. Clarke, that Mr. Wright was below with some mote red-morocco chairs ; upon which Mrs. C. bid the servant tell him to take son of them back observing, that he (Wright) did not care to what expense ha put her. This was after the Ist of De cember. ATTORNZT.GEK RRAIQ. Did Illingworth give you Wright's receipt for the 5001 ?—A. Ycs, and I afterwards gore it to Mr. Wardle. The receipt was pro.luced, and read, as follows " January 0, 1509. Received of Mr. J. T. flbovroett, a bill of acceptance, at three months' date, fur five bnedred pounds, which, when mud, will be on account of funnture sent tato No. s, Westbourne•pleee. (taped) 11 F. WRIGHT." Mr. Illiorreith delivered this to Major Dodd after he had paid his 2501. acceptance, and Major Dodd, a short time after, a few days previous to the former trial, gave it to Mr. Wardle. The next witness called for the prosecution was Major Glennie, who, on his examination by 51r. Aeolus, stated in effect as follows: " I aim not in the army, bat was once in the ar tillery and engineers; I know Mrs. Clarke; she applied to me, shoat the 16th of December, to get Mr. Wardle to become answerable himself, or procure a friend to be answerable for her, for 5001. which she had owed Wright, for upwards of two years. I told her I could not think of making such an application to 'Wardle, knowing his fixed deter mination not to come under any engagement for her debts to Wright, or to any other person. I also told her, if she could point out any means by which she could repay the money in three months, I would speak to Mr. Wardle ow the subject. She told me there would be a rule of the Nose of a house, and' of some furniture belonging to her, in Bedford place, which would more than pay that slim. She 1 also mentioned that she would, in le.s then three months, receive a greater sum from the publics. lion and sale of a valuate of letters from the Duk e