The National Register.
London, England, 1809-11-26 00:00:00

THE NATIONAL REGISTER.

NOV. le.

have joined the notnes of other persons in this application they
were satisfied in selecting tile most prominent.
Lord Llienborough..--" lake a rule to ::hew

THURSDAY, NOV. 23.

WRICIIT V. WARP' EcQ.
This rule being called on, Lord Ellenhorough read his note 3
'upon the trral of the action; and afterwards
The Arroa NEYGCN ER A lb rose to shew cause agnin4 the rule ;
and spoke nearly ns follows " Unless my Lord, Col. Wardle can
prevail w ith himselfto think that jt,tice will be adrainiered to
him by. 'different rules from those w hid+ ordinarily govern this
Court, I see no hopes of his success in his present application;
and lam sere his Counsel, having confidentially seen the affi-
davits which I have in my possession, can have given him no
hope of it. The Court ought to be a ppri,cd of certain facts
which they do not know, and which Col. Wardle ought to have
made known to them ; they place the Colonel in a very aw k-
ward situation. He has preferred an indictment, found at Hick's
Hall, and removed here by certiorari, against the witnesses in
the present action, for conspiring together to ;.;et a verdict
against him. The removal of this indictment here, enables me
to see on whose testimony it is found ; and 1 diz•cover that it is
on that of the vary same persons, who have stated the facts upon
which the application for the present new trial is founded. I
would ask the Court then, if they w ill now entertain thin fishing
bill against parties, whom the Defendant dare not indict for
perjury.
I hope Col. Wardle is not now out of Court, and that thia
will not be. always his excuse."
Lord FALUN noitouGH.—" 1 hope it is understood that the-
Court, in granting the pr.'sent rule had no idea of so grant-
ing it, upon the ground of any treachery in the Counsel to w horn
he confieed his cause."

The ArroaNEY-CiENrRAL.—" Certainly not, my Lord;
nor do I take it so: for more turnout abut men never practised
at the Bar. The Defendant's plea is that his Attorney has not
done his duty ; and that, in consequence of this, he has changed
his Attorney. This is a mere trick to induce the Court to be-
lieve this circumstance, without the Deft:edam's daring to swear
to any positive misconduct. Col. Wardle complains of perjury,
bnt he ha,s not the hardihood to indict for it ; and has the folly
to suppose, that it he institutes a prosecution, in which the per-
sons against whom he complairis caneot he witnesses, he shall go
over the enure :dole. Was there ever any thing'so impudent
as this ? But your Lordships shall see more of little cunning,
and contrivance than you may at present suspect. Mrs. Wright,
the wife of the Plaintiff, knows a great deal about this matter;
and Col. Wardle was advised that if he could involve the Plain-
tiff himself in h is lalictment, hi., wife vs.iuld he effectually pre-
vented from giv leg any te,iintony upon the subject. This in-
dictment is lle;.eat.trr to he ti ied, and Colonel Wardle was cor,
sequetely desirous of I, now in w hat myre was to co me out agai est
him : Ise now, therefore, prepares to draw but whatever else of
strength the Defendants ill ibis indictment have. ie order that
he may know exactly how to meet it. 1 hope the Colonel is mew
within hearing, as he complained of not being *o before; het it
he he even in the Hall (said the Attorney General, raising hie
voice), I will make him hear, that the present motion is hrought
forward with a view of informie; Colonel NVardle bow far be
may ;u in his testimony in the coming indiament. We felt my
Lord, the peril of this proceeding; and perhaps never were any
persons, answering a criminal charge, placed such a situatiou
before. We told the Plaintiff, that if your Lordship knew this,
you would not grant the rule; and 1 could not help admiring
the frankness of his answer: 6 Sir, said he, when ou had the
conduct of this cituse at the trial, ii. eili.ct depended upon the
credit of the witnesses ; but the present sliming cause depends
upon my own te*timony, and no danger in the w odd shall pre-
vent my stating what 1 know : I am happy, indeed, to have
the opportunity to do so." Therefore, my Lord, though I
could shew effectual cause without, yet I have the Plaintiff's affi-
davits, which, if it is necessary, I ani ready to produce to your
Lordship.
" Another reason, which I trust will prevent your Loidship
from granting this rule, is the letter, which -Colonel Wardle
thought fit to write a day or two after the trial " to the people
of the United Kingdom of Great Britain," for,noth. " curat
populas scilicet." [The Attorney-General here read this letter
which has appeared in all the newspapers.] Then, my Lord,
it appears by this letter that Colonel NA atone knew all that had
been sworn agaitist hitn, and he tells the people of the United
Kingdom that he repeatedly intreated my learned friends to call