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

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--14 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 art forth that he had 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 Wardle,
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 statute of frauds. 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 mimeo,' F.e.qiitiat. . :
Mr. JudiCe BAII.EY—!` Brother Kent, why i!:ii
not youiffle Your bill iii equity before ? . limit is
not morel That u Defeo/44m to Ms swum, should lie
ig•torant of th444ifence that 4 raintiffintroiled to
tmwg fdrivard li irbpport of iii t::116V Oil the shy or -
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 coutendeslp 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 otherwise, 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 asmc.
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 consultations determined by their
verdicts 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 htsilerji,p,,,
crimes. This he,ttrihuted to the activity
Magistrates, the inclinittion of the people to *bre
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

. -~-

porsulk the tam* smarm 4haa,Atao miderad his pre.
decesatui distiogoisbed
,ay iell
trus, that it it,
pleura Pod to spore .hita, (tb%l (4(rtl'Ulsier Hem}
to thi end, be Apottlel tied kini g vinefabla and
illustrious magistrate. ' :
Addressing himself neat to Altlerlaatt 94 Charles
Flower, he observed, that there were come moments
iu a inwa's life, to which, he recurred with satisfac-
tion, dud the list twalse months of his, was a
period which woold always *Ward him pleasure in
the retrospect; a rtriod in which' he had conduct-
ad himself as a good and upright Magistrate.
congratulated hint upon the rare occur-
rence which had taken place in that time ; and
which had furnished the only instance in the
civilised world, in which a whole tuition could be
said to he unanimous. Virtue, he a lid, Legato in
pri% ye life, all.; COUlltrieS were but large fituilies.
',di virtue was tin iieces.ary„ His Majesty had
i:xttiuple to his people, well calculated to
it, soil poor was the apology which could
~:fared for those teen vu whom such int example
Iv, Ib am thrown away. His Nlaies:y's long reign
had bueu celebrated hi a manner 10041 suitable to
occasion, and the national joy wa, testified by
acts of claristian charity ; the people hail com-
memorated it with trisipertinee ; temperance, they
were conscious, was the best proof of their respect,
and they adopted it as a memorial to the world of
the sincerity of their attachment. Ile concluded
with observing, that he (Sir Charles Flower) was,
that day, to deliver over the office he had Idled, and
in which he had acquitted himself with honour as a
magistrate and as a man.
Alter the ceremony of swearing, they proceeded
to the other Courts, and, as usual, invited all the
Judges to dinner.

COURT or coxIION PLEAS.

GOODALL v. (MIA.

Serjeant COCRILL inured fur a rule to she*
cause, why ir new trial should not be granted iu
this case. He stated, that it ass an action on a
policy of insurance, brought during the sittiogs
after term, at Guildhall ; in which thy Jury gave s
verdict fur the PlaintifL insurance had berm made
on a ship from St. Domingo to Loudon, laden with
coffee and cotton, part of it being the property of
Christophe, Emperor of Hayti, asd part the property
of Goodall. the Plaintiff. The Learned Serjeant
. •riaid, that, besides the grounds of objection which
were stated on the trial, he bad the affidavit of a
person naiped Pearce, a Captain, who met Mr. Gro-
gan, the reputeirs•ipercargo of the vessel, at Ber-
muda ; f p spoke 'noel' to him of the ship called
the Ear of Bothawse, the ship
.alluded to ; and,
daring 1 air conversation, Grogjo spoke so unre- •
servedly, that Capt in Pearoe was convinced of his
connection with GoOdall • Ito meationed that he was
agent to the PlointA 0161i:cart proprietor of the
• cargo; he sold part of the cargo at Baltimore, and
part elsewhere; the Captain died at Baltimore,
and Grogan was absent from England ; the ?Wit-
tig then brought the seism against the insurance,
on the ground of lareatry, on the part of the Cap-
tain nod crew, iii having proceeded in a course con-
trary to charter, and disposed of the cargo impro-
perly. and withent any direction to that effect from
the owners, in which action lie was unsuccessful,
not having evidence to substantiate the charge.
The affidavit of Capt. Petro, was then read, and
Sir J. NI•311FIZI.31 granted the Rule, 111141 said, that
be recollected the verdict had been taken as sub-
ject tesuch objections as might be urged against it.
Ill'AlTArlt v. Loa* SCA rosTm.
Mr. Serjsaut Sitaessoo moved for a rule to
. shew cause;Why the damages awarded by the Jury
in this case, Which amounted to 3,5821. as. should
sot be increased to 8,8461. 0r3,9171. :.
This was an cation isa.o,bond entered' into by
Lord Strewth, fire the re-ppymeat or a' certain
quaripts of stock, with the terms of' whith Lord
Seafrrh had ntiteomplied. nii. Lurdshipmadesp-
plivalvitto Mr. MfArthur for a aunt of money, who,
for die flurpose of accommodatiug his Lordship,
. sold out .3,1001. Loyalty Loan, upon condition that
it should bri replaced is like stock, at the expiration
of twelve months; andthat his Lordship should be
• aceouutable for such interest or dividend, as might
occur within that time. His Lordship did uot per-
form the terms of the bond ; in conaenneace of
which, this action was brought ; and a verdict found
in favour of the Plaiiitiff--clamuges to the amount
of the stock, the interest, and the dividend, that
might be awarded thereon, up to the period ap-
pointed for the replacement of the stiielt in the
bond, the 12d January, 1802, amounting to 1,3821.
The object of the presclit motion w.ts to increase
the sum to 35461. which would iiirleinnify the
Plsintiff for such inttrcit and dividend, us had
accrued from the 27th of Jslitiary to the day of
the trial. The !.earned Serjoimt gave, in support
of his claims, annotation from the cause of Shep-
herd, Patentor, c. Johnson, which was a cast ex-
e.4l, eini:lar to this; in which the Jury gave a
verdict liir the t tuck, interest, and dot 1. cad.
Mr. Justice G noir gave his ileevatin also, that.
hi such re vase, the Defendant, upon a breach of
en.pirosient, should indemnify the Pl. • ff, in
such loss os lie had snot:nue-a. up to the mut at
which the stock shook! hove Mani replaced.
The Learned fi,rjesut then mentioned the ground
wain which he would claim the larger sun of
31i71. Government had mode a proposal to the
battlers of Loyalty Stock, to substitute, in the place
of that stock, the 5 per cents. et par, or a certain
quantity at 3 per rent. which proposal was such as
would have proved extremely beneficial to the
'holders or Loyalty S!ock, and produced, upon the
o°4 moderate eatiniste, 39171. a som which he
mutt his client should be awarded, as an indeinni-
Italie' for advantages which had beets lost, in con-
sequence of the Defendant not performing the
articles of his contract.
Mr. Justice Lawnexcli said, that he could not
agree with) the latter opinion, us the bond had
ally aspeeilied interest and dividend, and, in rouse.
hone the Plaintiff was entitled to no more ail-
militages than such as uticht have occurred limier
these heeds, the prepfival of Government being
toeforrierto and ritaidental.
• Rairgronted to she,' why the damages should
be isserraied to 111461. .
..11AAL LIMES/nt O. WALTS3 and OTllirli.
Mr. Serjeant 414ANLT moved for a rule to sheir
wihr the varkliet 49 this casilhonld not La set itsida,
ash a new triatgraated: 'This was an setion for
steuslar, bet 44& lox that PloistiC to recover de.

I

•
wags. The Jury pee agertiiet at WOOL 11
Ileum was grounded upon the excess of datargeh
, which bad been granted, Staler circumstances es
.etrongly on the side of the Defendants., Prom the
evidence that was produced on the trial, there cer-
tainly could be no reason to doubt dm character
of histordsltip. The Learned Serjeant stated, that
he had an affidavit that a jitrymait had been sworn
by awrong name upon this trial.
Sir JAMES MANSFIELD granted a rule to shim
cause ; but ardently hoped that he should never,
upon any °religion, again hear the circum-
stances which hail been stated Olson the trial ; he
advised that the friends of his Lordship would m-
emo. by remitting the damages, the repetition of
such ass hident°, charge, as that with which his
Lordship had been disgraced.