The British Press; or, Morning Literary Advertiser. — London, England, 1809-11-10 00:00:00

-- COPEIVT-CARDZIV " Another like the former," • would we were able le go on with the quotation, and say, with Macbeth, g. I II see nn more," but we fair there are yet mane nights to come of disgraceful tumult, mid vile op pression. For the first three acts of Borneo and Juliet, we were allowed to enjoy the drama, with only occasional rotor; hut the half-price; as usual, ietro duceil so 'nifty of the friend, of noise, that, from that period of time, there WOO 110 melt thing as bearing a word Coin the stage. As tar, however, as wewere enabled to. judge of Mrs. Clarke's Juliet, from the iireceiliog scenes, we were highly gratified with her perforinaacc. She looks the character well, mind has all that iuterest tu her appearance, which excites our feelings of sympathy for the wayward_ fate of that lov e -sick d amse l. Sh e was partici*. Early ha:i i iy in the scene where, from the Aftirse's etude of tc ilt a '•• her story, she supp o s es R omeo t o he slain, awl • afterwards discovers tbat he is banished. Indeed, in all the dignified iMrts, she was eininmtly successful ; and, if slul fell short of our exin-,:tationa iu any, it was iti thnie where plat -I'tlni s . Aint gaiety were more necessary.—Jones, in Mercutio, was spirited, just, and lively. He seemed to cuter fully into the character, and died, as he had lived, through his short theatrical life, / with all the gay fierti which Shakespeare bas be stowed, as tar prominent feature of this well. drawn character. C. Kemple, in spite of the beral attempts to receive him with tumult, made, as he always does, a most excellent Rorneo.—The disturbances were not very frequent during the first acts, anti the rioters only exerted themselves when any pa-sage occurred tit the play which bore, es I hey' hammered, any analogy to their situation.— Thus, when Peter says, " In a good cause, and with . the law on my side, 1 willdraw as soon es any man ;" a burst of huzzaing and clapping marked the lip plicatiou. When the noisy became predominant, we had more instrumental discord than we have lately been accustomed to. Two or three rattles, and as many bells, diversified the vocal ems are pita sounds. A quarrel took place in one of the dress boxes, from which the weaker party took re. fuge in the pit, and was thereby saved from the fury of his antagonist. At another time, a scratch wig. was thrown towards the stage, amid, alighting on the lamps, fumigated the adjoining boxes (as a Cockney punster observed) with a hue hair. We could nut ascertain whether this Broom Bob was the manufacture of Brdiousgate-street or not. We noticed, during the Farce (The Poor Soldier) an out rageof a still grosser uaturo—a piece of apple was thrown at that deserved favourite of the public , Muoctru , slid would have struck hint ou the stage, had he not avoided the blow, by chang ing his position. The letters 0. P. were also thrown ulMn the stage, during the performances, and the green baize was torn from the benches of thr and levelled, wrapped up, at the unoffencling actors. Surely, surely such conduct as this, is be. prat!) the character of even a common distusber. The placards were more num.:roes, and some of them more indecent, than we have ever witnessed. They were cot:tined, however. to the pit, where their transitory display, scarcely enabled us to as certain their content*. Tins, it might perhaps justly be said, was no loss ; hot yet, as these we suppose are the boasted stew !Onion so much previously talked of, we collected as many as we could, as a sample of their witovisilons, decency, poetical beau ties and candour. They were as follow : " soon or fir alio, neer we o'er, Ilere's the prices as before; Your opinion shows, every eight, That they are wrong, sod yea are sight." " Not a sofa, ur a private box." " 0. P. exiactsa.veil. 11:13111 to .14) ha duty." " Death, or 0 P.—ci no k' V:* " The prorate boxes air Gar w—e," " L.lOll bueuty to sr. re un•ler the - Prises et D 1114111111011." But the piiiicipal placard, and that which was ever hoisted amid tumults of applause,. was one swots a very long stick, which might justly be deno minated the Old. Price Standard, or rather Arms.— At the top was inscribed " God save the King ;" and at the bottom, '".Oar Rights sod ludepend ence." The Arms consisted of four quarters : Ist, on a field azure, the letters 0. P. in gold ; 24, oti a drill or, a bell passant (or rather pats;ng); 3d, on a field argent. a bull's head rampant; around the neck a blanch' collar, inscribed 0. P. and 4th, on a held sesre, a rattle quiescent. The stick upon Which this was raised reached almost es high as the second tier of boxes ; and when it appeared, the shouting, and bellowing% of its supporters, who, as is customary, were beats, passed ail description. The centre of the pit exhibited the usual sham fights and 0. P. dances. The rosoists also put in practice another nianizuvre to create uproar, name ly, shoon-seizures by the police. This they seemed to enjoy as kigh [sport; but we beg such of them as can read, to take an early oppnrtunity of per using the fable of the boy who called •• the wolf so often fan," till, at last, when the wolf Jed come, no one heeded his cries, or came to his assistance. At the col of the Ploy. the pnitcs rat down in a gi.ete, aunt chauuted • terse of the King's . Anthems Indeed, it is surprisiug, to observe,' boy, very loyal these gentry pretend to be, when the) are outraging every thing great or good, either as taco or BM O.IU No orator mppeoring to claim that attentmn, after a duo &Minims. of groans. and cheere.'they departed, to pursue their noctur nal rambles, joined by such friends se await their coming outside. • The House was not crowded at any time ; and, until half-price, the pit was little more than half full. It is thus that the Managers' worst enemies are also them- best friends. The I.verieto Theatre overflowed. kat Right. with rink and fashion. Mr. MeLvtn's C'eqrtte Barn sr.:ll,lta,l his Lenitive, in 7'lie Prise, recei e,i much alry %r 1141CIS lielltD7.TT has lately give.; I ,c!inl. to the Society for the relief of persons contiacd tor small deb:ii. JAM 104 CLOUD, a Crown di:btor in the gaol of Durham. under an execution for 4981. and who hid kicem in custody for 'work ten mouths, was an the day of the Jubilee disdiarged from fn., confine ment. by an order front the Barons of the Ex chequer. Sniase evenings ago, the calico ground of Mr. PA. ri Limo, in Neckerchief Fields, berisondsey. was rokilveri of calico to a large amount, by thieves at P enal aultuotra. - - r- - taw LyrELLruNcil. COURT' OF CH.-qiCERY.—NoY. ELOPEMENT. Mr. RIC9ARD9 begged leave to call the attention of the Cana, before it proceeded to any other bu siness, to the Clide of Mr. Giles. It was necessary, he sa:4.l, to put the Lady, Miss Niclittihum, under some protection, particularly as she had been heard to declare, that she would fly to the Defendant as soon as she could get off. . Mr. I.ll.rrise, on. behalf of the Defendant, stated, that there were some circumstaoces which 'vent to extenuate his offence; but which he should forbear from stating in public, through respect to the feelings of the young Lady's family ; he could, however, declare, to behalf of Mr. Giles, dud Mr. Smith, who had assisted that (:entleman, that they were both extremely sorry fur their couduct. He could also assure the Court, that they were neither of them aware of her biting a ward in Chancery, and were prepared to answer any (orations the Court might proper to put. He then read all affidavit of Mr. !Smith, to the same effect, and concluded with observing, that as Mr. Giles had no means of procuring subsistence, but by his profes sioual exertions, the loss of liberty would be at tended, in his case, with the worst of coustemences. The Loss CBANCISLLOR said, that he would dis pose of it to-morrow. With respect to the clergy man, he ►tated, that he did not mean to impute soy impropriety to him ; on the contrary, lie we. certain, from what he had since heard, that he was entirely unacquainted with the parties ; he had thought it his duty to put souse questions to him, from the answers to which it appeared, that clergy men are in the culotitist habit of publishing banns handed up to them, ou the very day, eveu though neither party was resident iii the parish; but he (the Lord Chancellor) had the authority of his prede cessors, for sayiug, that such conduct exposed them to ecclesiastical, and perhaps other censures.— The-e was, he said, an Act of Parliament, which not only imposed the duty, but described the means by which it was to be discharged. By that act it was provided, that no clergyman should publish banal, without a previous notice of seven days ; that this notice should contain .the chris►ian and sir-names of the parties, the houses in which they lived, and the time they had inhabited or lodged in such houses. ft war the duty of the Clergyman to make inqui ries concerning them ; if lie was misled by the ac counts which he received, no blame could attach to him ; but the inquiry was a part of his duty, which should not be neglected. Ile (the Chancel lot) had thought it necessary to , tote the law, as it stood, upou this subject, in order to diacciutitenance a practice which was but too general. His Lord ship ordered that Mr. Smith, and Mr. Giles, (if he thought proper), should petition the Court ; which they did in the course of the day. Insisting far ther upon the necessity of caution in Clergymen, in cases of this nature, lie stated, that, to his recol lection, an excuse was once offered, which had like to have produced very serious consequences--The Clergyman had said, that he had given strict orders for that purpose to his Curate; that the Curate, in like manner, had given strict orders to the Clerk ; and the Clerk to his wife—but that among them all thrduty was neglected. C3URT OF KING'S BENCH, Wasvisoistra, Nov. g. NAL KARY ANNE CLARKE. FRANCIS WRIORT a. UWYLLIN LLOYD WA La, t*Q. Mr. Sr,jeant Bier moved for a rule to shew eaube why the verdict in this case, should not be set aide, and a new trial granted. lie stated, that this had been an ictino for goods sold and deliver ed, and was tried before Lord Ellenberough, in that Court, at the sittings after last term, end the Jury gave a verdict for the Plaintiff.— It was a case which had made a great noise, and was of considerable importance, not only to the parties, but to the community at large, and the greatest publicity had been given it, which made it unnecessary for him to state it at length. He grounded this application on affidavits, which con tradicted the evidence of the two witnesses, on which the Jury found their verdict. They contained facts which only came to light mace that titoe.— Mrs. Clarke's evidanco pet forth, that when she took the house in Westhonrue-place, she wished the Plaintiff to .furnish it, but hr would not entrust her, but would lead her furni ture to the amount 01'2001. That the furniture was had from him on the Defendant's credit; that the Plaintiff wanted money, and the Defendant agreed to get him a bill of a friend for 5001. as he did not wish his .name to appear. He, Serjeant Ban, wished to fix her to a certain day, when this transaction took piece, but she evaded it, well kanwiug, if she had, that she could be contradicted. Daniel Wright, the other witness, the brother of the Plaintiff, deposed, that he was introduced to the Defendant by Mrs. Clarke, his brother being ill, and that he ordered the furniture, particularly a side-board; and he swore itcsitiveli that credit was given to Colonel Wirelle stone. Lord Ett.emnionottas, on looking over his notes : • I perceive that Major Dedd was present at the time. and it was stJted by Mr. Attoritey-t itstieral, that he was in the hall, and that it was in the De fendant's power to examine him ; but this was de clined." Mr. Serjeant BEST continued as the De fondant's Counsel, did not knew what Major Dodd could speak to, and dill pot call him, although he had since learned it was the wish of his ',bent. that that Gentlemen had been examined ; they had since obtained, by the Plaintiff's answer to a bill in Chancery, that the goods in question were char,:ed in his nooks to Mrs. Clarke, by the fictitious mune sif Farqsilvir ; hut it also added, that it was by the desire of the Defendant. Lord Er.r.insonovair-- 1 4 The Defendant might have 'notices for that, no account of a certain roves. tvotion, which was at that time going on. Wee net Mis. Clarke's maiden name Farquhar ?" Mr. Serjeatit BEET—" My Lord. I believe so." He then continued, that Colonel Wardle's' Hinds. vit, which beheld in his hand, denied every thing given in evidence by Mrs. Clarke and Daniel Wright, soil denied that he ever contracted a debt with the Planititf ; and also contradicted their story of his first introduction to Daniel Clarke, which was corroborated by Major Dodd's altatrit; they were going to Clifford's Inn, in a carriage, 3/ some boomers relative to the investigation, evll n Mrs. Clarice asked them to stop at the Plaintiko,. who vets her uphofeterer, and that she lied ordered some furniture from him; and the first intimation that the Defendant had of his being considered even as responsible t,r the debt, was on the dry before the ,actiou was brought. The case was grounded on a conspiracy, and had been supported by perjury. Tire Learned Counsel then stated en affidavit of Mr. Ellis, the solicitor for the Defend ant, which a r t f ort h t h at h e h a d made every in quiry into the connection between the Plaintiff and Mrs. Clarke. Ile found, that, in July, 1804, the • Plaintiff took a lodging for Mrs. Clarke, by the name of Farquhar, its the house of a Mr. Bull. Ile represented her as a married woman, whom hus band was abroad ; drat she would not long remain in the lodgings, as fie. the Plaintiff, would take a house for her, and furnish it for her. In a short time, Mr. Bull found out Mis. Clarke's real cha racter, and obliged her to leave his house. She neat took a house of the Plaintiff, in Bertforoplace. She afterwards took the house in Westbotieme place, from a person of the name of Kirk, in the name of Farquhar. She referred Kirk to the Plain. tiff, for her character, who stated, that she was a least respectable MOl4lllll ; and that, if he, the Plaintiff, had fifty hou.rs to let, and she wanted them, she should have them alt. On the lease heiog made out, and ready for execution, an elderly female was introduced, us Mrs. Farquhar, who signed the leaser, to the great surmise of Bull. There were lull. to be paid for fixture*, which was raid on the 9th of November, by the Plaintif. was before she ever • v Colonel Wardl e , This was the woman whom •oiel Wright swore his brother Francis, she Plaintiff, would not give eredit to. A quarter's rent became due un the Christmas following. Bull elistrained, 411111 the Plaintiff paid it. A second quarter became due, which was also paid by the Plaintiff. Mr. Justice RAI LLY--" The Plaintiff might ha►e thought himself bound to pay the rent, as it was by the character he gave Mrs. Clarke that she got pos,essiou of the house." . Mr. Serpent Ram., in continuation took the house in the acme of Farquhar, to de fraud her creditors; he had a number of affidavits, which went to chew that neither the Plaintiff nor Mr.. Clarke, until latterly, ever dreamt of obliging the Defendant to pay for the furniture. Sir Rich ard Phillips set forth. in an affidavit, that Mrs. Clarke had entered into a negotiation with him to publish her " Mernoini." and that he. Sir Richard had tittered into another negociation with a certain Noble Lord to suppress it. On the Bth of March last, Mrs. Clarke, to bring the negociation to ■ close, said, stir must immediately have 3,0001.5 be wanted t• pay the Plaintiff his bill for furnishing' her house. Lerd Et.t.eaeoltotgitt—" , Might there not hue been an understanding between Mrs. Clarke mild the Defendant. that she was to pay the Plaistiff's bill ?" The Learned SELMAN? then stated Colonel James Gleanie's affidavit, denying the testimony given by Daniel Wright and Mrs. Clarke, relative to the bill for 5001. pro Cored by the Defendant and given to the Plaintiff. and that Mrs. Clarke begged, with tease in her eyes, that he, the Depo. dent, would prevail on the Defendant to give the Plaintiff • bill on her account for 3001. payable in two or three months, at which time she would be able to answer it. Ile told her he could not pro. pose such a thing to the Defendant, without he was convinced she would be prepared with the mo- ney by the time the bill became due ; she assured him she would, and he, the Deponent, prevailed on the Defendant to get her a hill. Tl:e Plaintiff told the Deponent he had entrusted Mrs. Clarke with the furniture, in hopes she would pay him a aunt of money that was due from the time she was under the protection of the Duke of York, which that Royal Pera•uage had promised to pay, but never did. Lord ELLMOROUGH observed, Mr. Glennie W 44 in Court during the trial, and the Defendant was in possession of his evidence, yet he was nut examined. Mr. Serjeant 8E5T...." For my part, my Lord, I did net think any person could have believed Mrs: Clarke, after what hud happened in ,mother place." He then stated Mr. illingworth:4 (wore-merchaet, PaII-Mall,) affidavit, setting forth that Major Dodd applied to him fur his acceptance, for the sum of 5401. for the Defendant, and that he, the Depo nent, received Mrs. Clarke's acceptance for the like sum ; and that he was perfectly ignorant a the circumstances which attended the transaction. This, the Learned Serjeant contended, was (ircetl) contrary to the evidence given by Mrs. Clar' on the trial.. Lord ELLEN eoltotion—" I cannot see it in that light, for all she said of Illingwerth was, that the Defendant told her that lllinKwo&th would call un her fur a hill to prevent suspicion." Mr. Serjeent Bear then stated an affidavit of Joseph litainett, cabinet-maker, Tottenham-court.. road, deposing, that he had a conversation with Daniel Wright, in which he stated that part of the furniture, which was charged in the account to the Plaintiff, was furnished to Mrs. Clarke, when she was under the protectiou of the Duke of York ; particularly that of the servant& rooms ; and that they were afterwards transferred to Westhourue place. lie also stated an affidavit of Mr. Becket, an attorney, setting forth, that Mrs. Clarke was arrested in ISM at the suit of a Mr. Taylor, I.nd that the Plaintiff, and his brother, entered special bail to it, and, on examination, at every suit she had been ted in, the Plaintiff was her bail. Mr. Justice BAILLY-" The Plaintiff knew her distress, and it was nut likely that he would have truvrivd her on her own credit." The Learned SiRJRA NT thencontendtd, that there was a complete conahination proved by the tits to esisi between the Plaintiff and Mrs. Clarke; that he misrepresented her situation in lite, and We her false characters, and a false name. If the verdict was allowed to stand, they. ought to du away altogether with the s t a tute o f frau ds. There were so piney proofs that went to take away from the credibility of the Plaintiff's caw, that it ought to go under the consideration of another Jury. Proofs of such a kind that they could not be con templated before the trial. It was only by a bill in • . • • 1 f Chancery they; fsrid thst the articles ball lye's *. reharged to Mrs. Clarke by the mim e o,' F.e.qiitiat. . : Mr. JudiCe BAII.EY—!` Brother Kent, why i!:ii not you i ffle Your bill iii equity before ? . limit is not morel That u Defeo/44m to Ms swum, should lie ig•torant of th444ifence that 4 raintiffintroil e d to tmwg fdrivard li irbpport of iii t ::116V Oil the shy o r - trial." - - - • - Mr. Seifeeet BEET 141(1,,ft:Whs net in his ;wart to state why it %at ribt • beed MO sooner. It our ' proved, on tli ttinl, . that Illi;.Plaintilf insured the furniture, with w bich he had supplied Mrs. Clos li.-. in the name of Farquhar. Tins, be believed, vilui.l hot be coutendesl p WAS customary, that this vet:. r of an aruele . should be the in , •urei. lie Itinl sive. in sures! her jewels, hut it was iii her 'pioper urine of Clarke. Lord Euntannaoticst—tt This struck me at the trial ; and, if I recollect, I poitileil it out so the Jury, that it looked inure of luring goods that& sell ing them, and 1-left it for their dete &&&& i&& potion ; Oat they thought oth e r w i s e, by their verdict." ' bin Serjeant Best—" Your Lordship tild (eft J inly put it so." lie then concluded, by ale.-ruing. that he humbly conceived, if all Abuse thuiga were known to the Jury. they would not have given smelt a verdict. . lie, therefore, trusted their Lordships would not think he desired too much, whcu he asked for a Rule to shew cause." ' Intel Ei.I.V!inoROUGH—` , We are much afraid of violating the rules of the Court, its giving as ' oilier opportunity to bring this case before a Jury, as it has been already decided by one. on the mere facts of the ease, avid no P•iaine cart he tut- pilled to tlir-u:—liosirever, tau may bare a rule to' shew cause. Colonel ‘V.trille was in Court. CRI.W. CON. EDWARD LOVIDLN LoVeDEN. ESQ. V. TIRMAII• ItAnioND klmtneu. Rip. • Mr. GAILMOV; moved for a rule to shew cause why the verdict in this case should not be set a s m c . He stated, that it was so actiou of damages h gist by the Plaintiff against the Defendant, for holding entnioal conversation with his wife ; it was tried at the Sitting* after last term, before Lord E.llen!no rough, itt that Court. stud the Jury gave a %erases fur the Defendant. (For a statement of this case see Tea Buttrms Pam of July 4.) The Learned Counsvi contended, that. from the facts given in evidence to the Jury, they ought to have gavel' a contrary verdict, from the iu:knowleilgenent and pronaimof the Defendant to Warren Hastiugs, the Plaintiff's butler, that if is would he silent to what had taken place, he would never come,, steer the house again ; his being locked sip in the (polo with . Mrs. Lovetlen, and perceived bye serventarying,to ' eouceal himself, were all strong priniumptaosso of his haviog held crldinal cruivereetiou with the Pliskais tiff's wife ; he therefore trosted that the Court wouhi grant the rule. LordiEta.tostueution observed, that he had left ! the-facts to the decision of the Jury, and although therresight ha great cause for suspicion. yet they had, after a lung consultation s determined by their verdict s that there was not proof sufficient of a cris mina' intercourse having taken place. It was not stated, that there was any new evidence that could be brought forward. There was no point of law in the case that was doubtful ; he, therefore. sew Dv reason why the Verdict siniuld be disturbed The Court refused the Rule. 11 COURT OF EXCHEQUER—Nov. 9. This being the day on which the old Lord Mayor went out of office, the new one was sworn iu with the usual formalities. The Judges appear ing in their stale robes. The procession having proceeded to the Court of Exchequer, the Its coma addressed thetwons to the following effect —lle stated, that Mr. Thomas Smith, whom be presented to them, 'was elected to serve as Lord Mayor of this great Metropolis, for the ensiling }ear; he had already tilled the offices of Vilermaa and Sheriff, with great ability; and the confidence thus manifested by his fellow-citizens, was a tribute to his private, as well as his public virtues. Tue civic honours with which they had distioguished him were uusought and unsolicited; and the duties which they had imposed upon him were discharged in a manner that bespoke at once loyalty to the King, love to the Codstitution, and attachment to impartial justice; he had always paid peculiar at tention to the rights and privileges of the cite ; aid - be hoped, that, at the expiration of his office. he would quit the civic chair, after a career of honour. aide services. Sir Charles Flower, trim was his tm Mediate predecessor, at tended at,., with a Conn. cil of the City. It had been his good fortuae to serve the office in a most remarkable year—a year distinguished by His Majesty's entering the fiftieth year of his reign, over a people to whom his vir. tuts. had rendered him a father. The hospitality which, upon this occasion, reigned within the Mansion House, correspended with the brilliancy of its exterior illumination ; and the conduct of t a Lord Mayor was such, that the people did not ac quire the intervention of any authority to preset .e the peace of the city. Ile dionlil only add, that ha was advauced to the high honour of being created a- Baronet—a circumstance which spoke more forMhly to his merits than any complimentary observation. The LORD Con B•R011, addressing the new Lord Mayor, said, that the city had evinced its usual wisdom, in elect* him to the high office he was invested with. The vie oplary order whii h existed in the city, was a proof of the real use to which his predecessors applied their antliorities. The Constitution had wisely provided against vio lence, on the oue hand—and power, on tile other; sod the Magistracy was a great me:ins of lot-sere. tug the equipoise. He could himself attest the propriety of the conduct of the Magistrates for a long term of years. It was a matter of wonder to straugers, that, in a city COODDillUg' so n.a.sy thogsands of people, the taws should still Is so successfully and ably administered arid the civic powers so well exercised, that the utmost order and regularity prevailed: Ile could Li e self state, that, at the Old Bailey, the lac: rave was 141.* data one persoth• foe each t 1.1 victed of murder; and hut letar of htsil e rji,p,,, crimes. This he,ttrihuted to the activity Magistrates, the inclinittion of the people to *b r e the laws, and that abhorrence of bloodst.eJ. wiri,h formed so amiable a feature in the Bri.is:l ‘harac. ter. Ile hoped that he (the Lord Mayor,) would A‘i