The British Press; or, Morning Literary Advertiser.
London, England, 1809-12-06 00:00:00

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Tin 1 neat CIII ri Jt ern r here observed, sbat there
itt1.4.1 W:la a more trifling muse brought into au) Court.
Mr..lnlio Moro, honksrlk•r, in the Strand, said, thit. he
knew• the Plaittlifi and Iltefi-ndant; he did not Am Mr.
Clitlonl un the u♦' Irt.dici, but tau Mr. Urisadou iu
11. y passer- vf Ilir pit, with a police- SOIIIo perrwo
ratted out that Mr.Cliflind had 0. P. in ins hat. Mr.
Brandon said that it ought taken tiff; and dm iresl the
°dicer tourist. It The officer kesitaterl--upon ninth .fir.
likandon Gad you, seize hint"
Mr. Thomas Fisher, Clcri to An Attorney, raid, that
■pus the night of the ft tat of Ociultyr; he ace Me Ciao.)
is tie pit of the Theatre., who, inatead of rnioributing to
the units., did all hi Ids potter to prevent it. ri man sprang
a child's rattle, WWII tie penults 21 t hint relied Mary
Austin's riffle; 31r. Clifloril ada•isrd this peisim nut 10
spring his rattle ; this adynx was immediately attended to.
Ile had often heard greater noise in the Theatre thins on
that night ; nose iu the habit of going to the Theatre once
or twice a.werit.

Vr. Serjeaut REsT said, that be had a another a "'hew
ait...ases h. swear, that whateter noise isms in the Theatre
un nhat night, Mr. Clifford ..as not I,IIICCHIMI in it.
Mr Joseph Jolly stated, that he an, at the distnnee ad
a pull from Mr. tlirord, she, dining the intuit reperhentis-
Goa, was perfivtly reitemihk.
Mr. %Valliant limns, optician, deposed to the
same effrrt as that Inst vitae's.
Mr. l'bitput saw Mr. CWord move (ions tole
plat e to another, in the pit, lint his 11113 net the dnordetly
motion nt'thr hitsi.le.

Serjeant S111:1•1111.11D, nn Ike part of the Defeo.taut,
made a eery able speech to evidei:ce,lll which he darn epos
the' !reindict- %huh hod been xertvil aaainst his client, and
the Proprietors of the Thvatre. If they were go aty of t 7.
aaaa y or extortion, the prilshe inia;lit hare legal rellress ; at
&LI not been's', s tact to lake the law into his own bands;•
and he regretted, that a pi rano so highly etiluwed at the
Plaintiff; shuald bat e recisoinserded and eaucterued wilt a
,eause.

'llia Learned Sesjeast dirt not call any witnesses fur the
'Defendant.

toed Chief-Justice MSS srt r tan slimmed up the evidence
*jib big usual ability. Ile &solved, that the lost sud Freat
qweetion for the Jury to ...insider wad, whether the Plana ill
had heeu instigating and tocueragiii4 a riot ? the nest ques-
tion was, whether the Uefendant, belie; • private person,
could order such an arrest ? As to the production of the
Piked, it was unaressaary, as permits, by frelnentiog the
Theatre, acknowledged it 111 he such. As to the illegality of
the priees, they were confessed to be otherwise by the 11011111 M
who disputed them paying the price .n,ked. As to there
being • riot, it (void net Ire doubted, no the Plithitilre
*atomics acknowledged that the noise was so great diet
they rout.' not tell whet the performance was. The IAYIII/Cal
Comisel for the Plaintiff Inn: talked shunt extortion—it was
11 a first time that he heard it was to ae undr rums!, that
Thentres sere necessaries utlife. All bout'. the proprietors
baths patent, they were eat obliged to speed their whole pro-
perty 111 ereeting a Theatre; hat if they made the sat-Mice,
they were the ouly judges of what the priers should be. If
their prices were maim:tot, the public hail Vie mesas of po-
nisliiiig them, by staying away hams the Theatre, s Lich must
ruin them. Tile pi oprieturs have a right 111 uphold what
prices they please; but if fhe doctrine of the Learned
Counsel for the Plaititiff was good, there tout be au
end to all theatrical aluinenients. 'l-brae was a legal
mode to obtain teen justice on patents ; mud it was
nut :ivel ; ns in the eve of Ark* nett''' patent, hi the
Onset of Chancery, which was annulled by that Court But
the law of the Nod, that vested them its the custody of
indorituais, would never allow such individuals to be
snipped of that Mrs-eminent by fore. In the Opera
house, loud the late Urnry-lane Tin atm, there were pri-
vate hoses, for the accommodation of persons of riotous.,
and he could not conceive why others slientd coutplaia
Peraons a h rank entitled them to becone proprietors of
plicate boxes, had n right to exercise it. The noise which
had lwen made on the night the Plititiliff Wan teen, into
custody, was sultirlcut to drown the mi formers' voices, and
to (tighten an antheme from the:theatre. Persoss making
are of such condiet, night after night, could not expect any
thing eke but harsh treatment; and persuus so cumin's tiug
themselves wire arwilahle to the low, end liable its
punishment. Ilse question for the Jury to conaidet
was -whether the Plaintiff did instigate the pride in
the 'theatre to riot, ).y hoisting 1111 0. P. in his hat,
or not? lie did nut emisider it necessary for a terrsuu to
use weapon. to constitute n riot; it might Ire done by wine.
ur evert by wearing the baste et Mangum of !hue making the
riot. They were to consider frees the evoker: whither the
Plaintiff did take • part or not ? tie bed the ensign, as pro-
perly so called, by the Ltarued tierjeant Shepherd, tidies hat,
honi the time it was placed in it by his friend, nntil he
wu conveyed to. Bow-street; be was recualiki-d by the
people in the pit, as a pe.unh they, looked up to ; his
corm:laud was obeyed In the instance of the rattly, sad it
was filearrol. The Plaintiff ass A gentle 0111/1 31 the bar, and,
as such,, be might to has been careful of spreading opinions
41111 setting preeedetits to those not so well informed. Hr Con-
cluded by olociwing, that these were two points foe the Jury
to take Into their consideration ; tlw grit, %holier the Plain-
tiff was slatting the riot ? the second, whetter, the riot hail
nut perfectly sithaidirol, before he was taken onto custody ?
da to the legality of the arrest, whether the prisoner was in
the pit, or at Mr pit dour, it made no differenee.
The Jury retired fur half an hour, at OK expiration of
which, they returued • verdict fur the Platutilf—Datuages
Svc pounds.
. .

bird chief Justiee lia n est atop requested to kauw the
pound ma whirls the verdict was peen,
The Jury were not able to pre him a satisfectur) answer,
bot said it was a verdict peen tin the merits.

FOREIGN INTELLIGENCE.

FRENCH AND DUTCH PAPERS.

Pants. NOV. 28.
This day (Sunday) at eleven o'clock.'llis Majesty
the Emperor and King gave audience to his Ex-
cellency the Prince of Schwartzenberg. Aenbaa-
sailor from Ilis Majesty the Emperor of Amnia,
after ohich lie received a 'masher of other diplo-
matic 51inisters. Nobility. kc.—(Morriterri. V 0127.)

PETFASSUROM. OCT. 28.
The Einpemr has been indisposed for maine days,
in consequence of the hurt he received in his Isic.
three months 'nice, when hr was overturned in his
carriage. By the advice of his physician, he keeps
Ina apartment.

• MADRID. NAY. fi.
Authentic intelligence has been reed:iced, that
ton.trim choice troop. are on their march to Smolt.
Hitt Excellency Marshal Dune of ILdiuntia ar-
rived. the day before ye.terde), in this c coal. lie
has surrendered the command of • the fifth corps to
3:m-slial Doke orrrevito, mod min performs the
function,' of Nlajor-Generel, under the immediate
orders of Uis Majesty.
' Preparations, it seems, are now ever!' o here mode
in Spain, for the arrival of •flis t 7 :.!;• the Em-
peror autd King, pred:eded by niitto.i,mi corps of
troops. The English, as well as tlem.e M. libbers of
the Junta, who are in their pay, ti emble at the
mime of the Saviour of the country.
marls, Noe. 15.
A very serious insurrection !vas broken on in
804111/11, the particulars of which are anxiously ex-
pected. It is also reported. that proceedings of a
very (mph-Rs:tot nature have taken Ware in lOU3e
ti,rt. of A,..trian Galbcia, and iu pa-ticular in
Lemberg ; both French and Austrian tioor are
marching to the quarter.
The late iiisurrections in Carniola are said to
hive hem iserfeetlyauelled. Nine ringld infers of
the iiiiwriehrs, 'me or whom • Wits a Fr-nch
tntl-
graut, had been take°, and slut is Trieste.