The British Press; or, Morning Literary Advertiser. — London, England, 1809-02-17 00:00:00

Tunyn's business wns Ina state of forwardness, owl won Id he done. It tvaa the pauduction of this pa per that induced the Major t., wait for few Gth zettes, on tine next of waiela he wale appointeat. There was *nether Ii 'ter shewas him, purporting to be from the seine persotiage ; it stated. that Capt. 'rotten shots's, be eppointed that night. Captain Seattle' told the 0,1 met that he might destroy this . letter; but wes desired by him to destroy it on no ..,7olaust, a. Ise night be culled in evidence he for the House. A. s oo n as Col. Hamilton came to town, he told his Hon. Friend ppposite, (Mr. Adman) who desired that he would go to Capt. San di.,, anal repeat , his injunction egein, and request that he would not destroy the not.i. Captutia den, on his arrival in town, heard that be we- to he examined by Mr. Linton, and a 1•01 was . to see Mr?.. Clarke; he stated this to the Colonel, who tacit honed it to the Hon. Gentleman opposite, cud he coinantinicateslit to hint, (4r. Pereeval) ; the result war, they advised Capt. Snutlen to avoid seeing either party, and give • his evidence fairly to the a I tune, wiitiont any previous contmnuication.— T:ie other point that occurred to them was to explain the matter to the Doke se Vae , ia. and Jags Leantel and Honourable Friend (Mr. Adam) undertook to mention it. They thought that, consistently with their ditty as Members of Parliament, they could not refuse• to mike it public.—//lent ! !fear 11 --Colonel Hamilton had seen the tote, and taken a copy of it from Cantatas Sandal. When it was stated to his Royal Highness, he had no recollection of having written any such note, and was of opinion that it must he a forgery; he was desirous that it should be oh tained cud examined. With respect to the Law note, note, mentintsing the day that Major 'f un)n was Gaiened, his Itoyal High:aces could not say but he 'night have *written it ; had a simple in quiry, whether he would be Gazeited or not, been made, he might possibly have returned an answer in the affirmative. The next Jay, which was Sun day, they saw Colonel Hamilton ; lie amid that Captain Sanden was willing to come forward, but had said• to hint, am afraid you sill he ex tremely angry with me—l have destroyed the let ter, bait theybave forgot it." They aktermitsed to 'wont Captain Senates to tell has ow u story. and the house must have on •erved that i.e sup. pressed the mention of this letter, cat amiteriai to the raise before them ; for if it mild be got, arid proved to ge a forgery. ij would phew how ,lira. Clarke want in the habit of imposing; on the contrary, if it were proved to be auttieutic. it would go to couattenanee the charges submitted to their judgment. Under these ciremmteteces, he thought Witness should Ina called. He was confident that the Committee would not ascribe the delay of the mention of this circumstance to any improper motive. His Hon. Friend and hint self had communicated it to different fiends in their respective circles, but it was aunt from any feeling that the Committee would have a want of reliance upon themselves ; he therefore proposed that Capt. IL Senden should be called to the liar. Mr. ADAK corroborated the stastetnent of the Right :lintouratble Gentleman. After which CAPTAIN SANDEN iras called in. Q. ißy Mr. PRactvat..) You were examine.-1 the inter lay; dtd you (tate tat the eirentnotunces you were acquainted with respecting the transac tion ?—Yea, to the best of my reeulleetiO4. k back important rQ. Did you not __repawry impcntent _act —No, as wrll as I recollect, I thd not. Q. You said, that when Otptaiit Tonyn got im patient, you prey:riled on him to wait ?—A. Yes ; these were my words as well is I recollect. Q. Did you make one of auy arguments to per suade him that Mrs. Clarke had influence with the Duke of York P—A. None in partietikr. I mold him to wait for two or three days, and that he would be Gasetted. Q. Did you tell Mrs. CI :rke that he intended to take away the looney ?--A. Yes. Q. What did she say ?—:1. She said he was a shabby fellow. sad bade me prevail wo him to wait. Q. Is tliN all she said ?—A. It is all I recollect. Q. I beg yogi will consider, that you may not be taken by surprise, was this all that pawed ?—.I. It is all, in my opinirci. Q. Was tlwre airy paper shewn to you at the time ?—A. There was a note, saying that he had better wait. Q. Then yon have nit told all ?—A. There was a note, not imrnediatel•: from Mrs. Clarke to him ; but he doubted me, antl this note reconatueuded Lim to wait. Q. 'l hen you did use an argument to persuade Covtain 'fonyn to wait, by produciug the note A. I did produce it. Q. WaA the note from Mrs. Clarke to yourself, saying that Captain Tonyn had better wait ?—A. I do not know whom it was addressed to ; it wise a scroll of paper ; it desired hint to wait for a few Casettes. Q. Did von bee Mr.. Clarke with the note ? A. I do nut recollect. Q.' Are you quite sure you received it from her ? —A. I sin quite burr.. Q. Did sou bee her more that once .n this sub ject I do not recollect. Q. Were there more than one note ?--A. I do not remember. Q. What did you do with the note, did you give it to Copt. Touyti ?T.—A. Ido not remember. Q. Are you quitesure you saw 1I re. Clarke write min it her hand.writiug 1 camel stiy—li tutlic, think it was. Q. Dive you always this part of the ease In the inime way I think I have. Q. Did you ever tell any one it was the hand wri:inig of the Duke of York ?"--A. I am quite confident I never did. Q. When did you first hear of the trial of the Duke of York ?—Last mouth an the Newspapers. Q. Do you know Colonel Hamilton I—A. Yes, I belong to the same regiment. Q. Did you represent this business to him ? A. Yes, I. asked Ins advice, I repre:sentod what 1 have already stated ; all I knew of the matter. Q. We. it exactly what you awed now J— Yes. Q. Did you not state to Colonel Hamilton, that it was the Duke of Yiirl;'s writimt ?—A. No. Q. Did you chew him the note ?—A. I had not the note to thew. Q. Did von oot give Limn copy ;'f the note yen g awe Captain Tonyi ?—A. Ido tiot know. Q. You must wet,' knots that feet?...A. I our trot bring it to my recollection. (4. If yr:u had not the note in your poesesaion, you cat, surely say whether you gave hint ins op portumity of copymg it or mit ?—A. I rather think there was souiethiug of tie note. bo you 'neon to , isy r that there was or was not Ai note, referring tithe subject wbn:li you ihe%s ed Colonel Hamilton ?—A. I think there was. Q. Was that the same that you sheer(' Major Touyu P—A. I do not recollect, I suppoae it ots'. Q. ILYA you tail Colonel ilatniltots you had the. wire, anti *hew it to hint ?—A. Ido nut reolleet. Q. Your memory is Rt•nerrlly 'r. correct on the second questioning; did you slim him the note ?—A. I did. Q. Then you recollect that there was a note, and that you *hewed it to hiut ?—A. Yes. Q. Where is the note ?—ll believe I mislaid it. Q. When did you see it last ?--A. About six days ago. Q. Hare you looked for it lately ?—A. Yes, yesterday and the day hero e. Q. Then this note, which you could not recollect, is still in existence ?—A. It is; if I could have found it, 1 should have brought it. Q. 1 thi ik you Were examined about six days ago ?—A. About ten, Q. Did you see the note that day ?—A. Either the day after or the day before. Q. I-Live you done all you could to find it ?—A. Yes ; I em 4pite Hire I hare. Q. Did Col. Iliouilton desire you not to destroy that paper?—A. He desired we not to destroy any. Q. But did be not caution you against destroy ing t int in particular ?—A. Yes, he dol. Q. ad he not bid you not destroy it Ports tuou If I wished to destroy it I could do so vrltlioat speaking to lion. Q. lkd you not tell him you had the paper?— A. No. Q. When did Col. loin take the copy ? A. The day after he crone to town. Q. Where did he take it?—A. At the Coffee house in Southampton-row. E. Whi•ii lie took the copy, did he not bid you again not to destroy it ?—A. Yes. Q. Did you see Cul. Hamilton again the atrue day Yes; at the Briiish Coffee-bon-e. Q. Whit cooversation had you then ?-4. It was On reiineuud business. Q. listi it soy reflerence to this h,isines*?—Nla! Q. Dal he not give you the earns advice at this interview, All I know is, he butte me not to destroy any papers, hat that 1 1 1416 the second time I had seen him. I uo•. recollect that any thin , . passed at the British Coffee-Lome. . . he unit advise you not to suff:r yourself to Ise •xamoiued liefore you came to the bar of this House ?—A. I believe not. Q. Did tie not caution yon, at the British Coffee Muse. not to destiny that note /—A. I do oot r. - collect. Q. Did he ■t any place since the Southampton Coaret.iionse ?—A. I do not recollect. Q. Did you ever say you had destroyed the mover ?—.t. No such couveraation took place be tweeo or. Q. INd you ever tell Cutout' Hamilton you had any other paper beside that you shelved Major Tony.. ?--LA. I could sot tell him as, foe 1 had none. Q. Did you mot tell him P—.l. 4. When did you see the paper last ?—A. Five or "ix ilia).* u,o. Q. Where'—.t. In my own room. Q. Have you seen it ainice you were examined —.t. No. Q. Did you not say you did before or after that day ?—A. That was the time I saw it. Q. Did one body else see it at that time ? A. Nut that I recollect. Q. Did you chew it to any body besides Colonel Hamilton since T—A. Not that I recollect. Q. Where did you put it when you saw it last ? A. lu my bureau. among other papers. Q. Are you quite confident you have not it now ? A. I hare mislaid it somewhere. Q. Where do von live ?—A. lu Lyon's-Inn. 44. (By Earl I rEmr LE.) You stated that Mrs. Clarke gave you the note, did you read it isheu she gave it to yon ?—A. I believe I did. A. Was it sealed or open ?—A. Q. Where .lid you lodge before you went abroad ? A. At Lyon's-Inn. Q. Dal you have your paper.' there?--Certainly. Q. To *llOlll wits the note directed ?—A. I do not recollect altether there 1 , 11114 au addre‘s. Q. Dill you read it when Mr.. Clarke delivered it to you it—A. 1 do not recollect; it happened nearly five year, Illgth Q. ( fly Hr. :Av Esotsn.) Did you receive any pecuniary comi.leration for the Caseitiag of Major Tonyn ?—A. Not a fartliiiq. Q. Then why were you SO amines that he should wait two or three days longer i—A. To oblige Mrs. Clarke, who wanted money. Q. Were you confident he would be Gazetted in two or three dace ?—A. No, 1 doubted her lugs euce at that time. Q. (By Mr. WIIITBILIADLCan you say posi tively you cannot produce note !r . —A. 1 have not it about me. _ _ _ Q. bit possible for you to find it ?—A. I do nst know ; I hope it is. Q. What ground have you for that hope ?—A. Because I put it in my bureau uniting h ot..Fr papers. Q. Has any one hut yourself access to your W rest' ? • A. None but my wile. Q. Have you given itto eny person to keep ? No. Q. Is it destroyed ?—A. Idr:in% know. Q. Did you give it to be destroyed ?—A. Na. Q. Are jou sure it is not Destroyed ?—A. I am very clear it it mot. Q. Have you the key of your bureau ?—A. No, my wife has it. Q. Why are you so clear it is not destroyed ? —A. Because I never desired it should he dui troyed. Q. Did you neither destroy it yourelf nor give it to any other person to destroy it ?—A. No. Q. In what room is your bureau ?—A. In the sitting room.. Q. Have you examined the vipers in your bureau ? A. I have a varit•ty of viveis and wombed without tinihn, it. Q. (By Sir Ststurr 11r.stu.v.) You say you sew the paper ?—A. Yes. .Q. Was it the oat, you get front Mrs. Clarke —A. Yes. Q. Did you read it on *steins it i—A. No. Q. Then how do you know it ‘‘.l4 the same I'AC A.—lt was a reniarkdlile paper, I could not fors get it. Q. What was there remarkable in the paper be sides flan writing? A. It was dirty. Q. Where did you put it after ? A. In my bu reau among other papers. Q. When you searched there, was this the only paper misrung ? A. Yes; it appeared so to me. Q. Who kept the key? A. Sometimes my wife, sometimes myself. and sometimes it was left in the human. Q. If u messenger were sent there, (mold he find the paper now ? A. Ido ilot kuow ; I looked my self, and conk! not find it. Q. Yon raid it was utt i.isirlestennt circumstance; what did you mean ? A. I meant the whole busi— uess am, implca,aitt. Q. IYuen you first mentioned the note to Cul. liamiltou, how (lid you dew-vibe it ?—A. l *Rid I had a note is my powies(ion al.out this business. Q. By whom did you state the uutewar s ntten —A. I did not state auy Q. Did you nut state it was 6y the Duke of Yolk ?—A. 1 could not. Q. Did you ?—A. No. -Q. Did you take a copy of it?—A. No ; I baa the original—there was no occasion. Q. bid you think this note was or any import. ram P— A. No. Q. Was the. copy Coldiamilton correct ? A. I do not ktkovr. Q. Did you tea(' the copy ?—.4. No. Q. Wall tlwre aoy ►iouature to the paper?—A. I do not recollect. Q. Whose halal-writing was it ?—I do Dot know. Q. (Ilya Member.) IJu )uu kaow Mrs. Clarke's baud-wrstitig ?—A. Satueussec—(l laugh.) Q. Was U su her% ?—A. I mum say. Q. Did you ever ire tier write ?—A. 'Yr& Q. Does - Mrs. Clarke write in ditli:•rent Isan&, or always iu her ow .—A. So differently, that I would not know they were written liLthe. saute person. Q. (B a y Sir J. RAH A 11.) W 44 there any prison presel.t when you were searching for thy p i p er 1— A. N.•ue but lay wire. .• Q. Had your wife nod you atty.:conversation upon this subject ?—A. A great 41. al. Q. Dui you trey desire her to destroy the note ► —A. NO. Q. Nur any other person ? A . Noue. Q. Do•l you ever desire any person to take it out of soar bitreats I—A. Never. Q. (14 kir. Bann:ST.) now was the copy taken ?—.l. Cut. Hamilton copied it.•' Q. W Istre did you put itafter :—lnto my pocket. Q. 4a►gng other papers, or singly ?—A. Q. Dist you lint it among a bundle of other pa pers?—A. I do not recollect. Q. Did you search all your bundles ?—A. Ge uertilly speaking I think I have. Q. How can vou undertake to say it anima in your bureau. if you have not searched all the pa pers ?—A. 1 think I. have searched theta oil. Q. When you saw Colonel Hamilton at the Bri tish Colfee-houseditl hr advise you *Oust destroy. note ?—A. No. Q. Or any words to that elterf?-:-.A. Q. Did you not say you wished to forget the note?—A. I worst I %MI sorry for the whole pro ceeding, it Was altogether unpleasant. Q. What did you particularly regret ?—A. Hav ing lust the note. Q. Huw could having lost it induce you to my you never had it ?—A. It was mu unpleasant bu siness through the whole. I was very sorry to have lust it. Q. (By Mr. BATIMUIT.) Did not you deny,ut the courneocrineut of your munii,ation, th.tt you Trod such o note• to yout possesbiou ?—A. I kuew the n I liMd it net. On the request of the SPEAKER, !Mr. Abbor,) the Witness was ordered to withdraw. The SPEAKER then addressed the Chairman. Thrre can be but one course the Com►nittee ought to follow, I therefore move, " That Capt. Nutley Sander), iu the course of his evidence, has been guilty of gross prevarication."—(A load cry of ! Neer! fro.n all parts of the Hoare.) 'the question was then pat awl carried unani mously. The SPEARER then moved, " That the Com mittee should rise, nod the Chairman report."—The House resumed, and the Chairman reported. Mr. PERI•LEAL mined, " That Capt. Huxley Sadden should be taken into the custody of the Serjeant at Af.EA for the said offence." Lord El01.1:51.01111 moved us an amendment, " Th.t he should be committed to Newsate. - - 01 cry of no Lord Voteseont observed, if it wen not the wish► of the Hight Honourable Geutlemai► opposite (Mr. Percent), he would withdraw his amendment. He thought, at the none time, the Witness de served the most severe punishment the House could inflict. The SPEAM then stated, there were two ways to proceed. He might be ordered into the custody of the Serjeaut, to be kept close orchard, and nu person allowed to communicate with him, or sim ply ruder the inspection of the Setjetit at Mars. Mr. PERCLV•L said, the reason he did not wish to adopt the Noble Lord's amendment was, th:it if he were in custody of the Serjeunt ut Anus, lie would be able to accompany him to his lodgings, and search for the note. It might also be 'wets sury that he might be culled before the Committee, however defective his evidence was, if it was made necessary iu the course of the examination of say other witness. He thee moved, " That Captain liar:ley Sandell should be kept in chose custody of the Stojeunt at Arms, and not for any person to have oceess t o hint ; and that the Seryeant should be directed to bring the Prisoner hetore the Com mittee of the whole House, investigating, into the conduct of his Roy n th liiiews the Duke of York, when requested by e Chairman ef the Commit tee."—Which was carried withiut a dissenting voice. 'r. St stxF.R %nbmitted to the House the neces sity of tako.,i Fiii.sei,sion of the ;owls of the Pri soner, afraid his wile should destroy them The rte said, it tiny lion. Member could tate sal.. a caft to tLe Mateo, that would beer out such a proceeding: there were precedents they amid :act mi. Earl Tretrtr. asked whether a Committee 'light not be oppointett to make the search. He also thought his wile ought to be ordered into custody. Mr. gelacEyakitatill, there was not any thing before the I loin e' could justify sects eecerity es the taking of the wife into custody. lilt aas necessary she ought be summoned. Some conversation then took place beta pen M... Sumner, Mr. Backe.. Earl Temple, and Mr. Per term!, which concluded by Mr. PERCEVAL moving, " That one of the Ser jeaut at Army deputies, with necessary assistance, should accompany the Piaarnicr t 6 has lodgiogiarto search for any paper relative toMujor Tonya's 1 / 4 a. sines., which was carried unanimously. The Strident at Arms reported to the Hone* that Captain Huxley Sander' war, in custralx, . red desired hire to express dint he would be happy to come before the House again. Mr. Ptaccvat said he would be happy the Pri soner was allowed to come before the I loupe. He had not a doabt hut he would prailtice the papa s Captain Sainlen was ordered to the outward ben The SPZAKEIt asked him what he bed to coo. ssiuniente. Cupt. Huxley San,len then made the following statement :—" I humbly hope this Honourable Hesse will excuse and pardon my prevail-it:alien.— ", come now before this lion. ll' use to reveal the trath. The note is not destroyed, I hare it at my chambers, if required, I eau go and put may band on it. The note was given me to show Msinr Tnnyn, and to assure lain his promotion would not go oil, if be did not pay the money, I *hewed him the note, but took A from him iipain. lie n4rred to pay this money, and he was goutted. He gore me five hundred gui neas ; 1 paid Ain. Clerk 5001. amid M-. Dona van 451. I cannot say who wrote the note; Mrs. Clarke told- me it win his Royal Highness the Duke of York wrote it. This is ail I loam of the business; and I trust the Honourable House will look with a compassionate eye ea in, extnierdinary conduct." The Spam's,' thee ortkyei the Prisoner should be remanded. The Sottacita put the question, that the Pri soner he sent in close cnatody to hi resilient* for the purpose of he king for the paper, •whicti was ordered ; and he was ordered to be kept in Co,. eostody„escept as a 1 the terms of the order. Cupcake tionden tiara expressed his hope, that the llousit would excuse the !wreath-Atka' he had been guilty uf. Wail ordered to be taken front - . the Bar. Lord kiatrav Pcrre took this opoortunity of milting, that and,r the circomstanc. , sir whit-it tiny were placed, by being detained to the late hour to which tlicy were likely' to be kept sitting, it was impossible to expect a noose to-morrow ; and as Moialsy nrxt w:is !lied for public lavoinear s which he understood rout' not be poApon, Lordship gave notice he would Dot bring on his motion till i uesday nest. It ens also understood, that Mr. Whitbread's and 31r. Ponstniy'f motions should be fixed for the first convenient opportunity. The Douse thew-stool:eel itself a f pfin it. the Counniti.-e, when Mrs. Clarkil wolf nlium eal!ed tia and exuinined by Jr. Permed. Q. Do you ►ecoliect what passed between you and Capt. Sander, respecting Major - loupes im patience at the length of time interveaing in his appointment ?—A. No, I do not ; though I have been just reading Capt. Saudea's evidence. Q. Does the Witness mean the evidence Cap tain Sanden gave on a forme, nitcht, as contained in the fifth number of the Minute. ?—A. Yes. Q. Do you not recnittet Captain Snodca co®• ing to you on the subject No. I do not. Q. Doyou ant renollect Ceptain Sandell sa.:inir. that Major Tonyti meant to withdraw his ;lepu. sit on 'Mount of the delay ?-41. No. Q. DO you send any memiage to Major Tnnyn by Sande.n IL do u4t recollect I did; it is likely I might. Q. Do you recollect sending any paper to 'Major Ton, n by Capt. Sanders ?—A. W.t..t sort of paper do you mean ? Q. Any written paper ?—A. I don't recollect; was ulwuys cautious of parting with ail written. Q. As far as you recollect, did you send any written piper?—A. No. Q. As you say yon were cautious, would you not recollect if you lied ?—A. If Capt. Sauslan has insinuated I parted with any writiii • of the Duke of York, I never did. Q. Are yntt sure you never sent n.;7 4,4 the Duke of Yaks I—A. Never, but lately, Llild 01. Ce ID 31:. Manners. Q. If you hod sent it, would you forget it?—A. No—l could Dot forget any thing belonging to the Duke or lork. Q.(By Mr. FREENIAI6) Did you ever receive any note from the Duke of York, on the ea:pet of Major Touy u Conitnissiou ?—A. No, I was used to sae him every day, except %lieu he as in The country, and that was not more than a week in the year. Q. (By Lord FOLSIPTONE.) Do you mean to say you did not give any note to Capt. Suoilen— A. 1 iio not recollect giving him nay. Inn especially of the Duke of York's, as I was afraid of trustiiig him. . Q. How came it to occur to you that Cii;st.Sun dnn insinuated any such thin . g Lit (dust. lie might has•e insinuated such a thing ; be is capable alloy tiling. Q. it Copt. %mien by represented any note to Nliijor Tonynll9l cuing frOM the Duke ot . . l * o. L. is it true ?—A. It is not. Q. (By Alderman Comte.) Daring tli. nego ciation with Major To, 11, was it said h.! was tired: and would withdraw /IN money ?—A. Q. Did boo Apses, to Capt. Sanden tlsat yea wished Mayor Tony!' not to be impatient, as post wanted ?—A. o; 1 slid not ;. that pooh! Ire it reason why I should wish Irito to lse impa tient. Q. In the last Uitereiew 'co Sad with Captain `LiAnden. slid he write eny thrust in ,utir room A. It is ithist.o‘ible to say. it is so long ego. WV* you reesillect his hating read any thing there ?—A. Yo, I do not.