The National Register.
London, England, 1809-07-09 00:00:00

L4JV REPORTS.

SITTINGS AT STISTMINSTER MILL, BESONII LORD ELL6Are
SOROUGN .4NU 4 SPI CI4L JURY, 110N1)41's JULY 3.
WRICUT b. 113MILLIK LLOYD WARDLE, Eige
The Attorney-General stated, that this action was brought
to recover the sum of 1400 and odd pounds, for household fur•
aiture supplied by the Plaintiff, on the Defendant (Woad
Wardle's credit, to a lady of the name. of Mary Ann Clarice.
Of this lady perhaps the Jury ntight have heard something, for
not very long since she had made seine noise in the business of
an Inquiry brought forward in the lfouse of Couimons by the
Defendant. The Plaintiff was an uphol.terer, and the elai:n he
now made upon the Defendant, and the manner in which it
arose, he would state to the Jury. It seemed porn^ time about
the autumn of last year, Colonel Wardle became acquainted
with Mrs. Clarke, and very shortly discovered a great prclor.
cure for her; and shortly after their acquaintailee the Colonel,
the lady, and Major Dodd, and a Mr. (;lenny, set out ou a tour
of Inquiry, of curiosity, and of business, fur they visited the
Martello towers on the coast. About that time Mrs. Clarke
had taken a house on Wesibourne:place, and Mr. Wardle, no
doubt in well-founded generosity, determined to present her,
with furniture for it. At that time Mrs. Clarke was indebted
to the Plaintiff in sums of 5 or 6001. and would not have gives
her credit for any sum, knowing her then embarrassments ; but
as Mr. Wardle was to be the paymaster, be felt no such hesita,
tion. In short, he would prove by the evidence of Mrs. Clarke,
and the Plaintiff's brother, that Colonel Wardle most uoequiyo.
, rally undertook to be.the paymaster. He would show that be
went with Mrs. Clarke to the warehouse of the Plaintiff, where
he was introduced as the intended paymaster; that he there or-
dered a sideboard to he exchanged ; gave directioas for a near
set of dining tables. That on smother occasion he was there
with Mrs. Clarke and Major Dodd: when the lady hap.
pemed to differ from them in the taste of a carpet. the
Colonel chasing one of scarlet and bronze; upob which og-
amioa the lad; tery politely someredla " S$ rrif fir..,

pay you shall make choice." He should also prove, that after
thee goods were sent home, Coidnel Wardle was continually at
the house at Westbourne-place, " oftener, indeed; than he could
recolbct," for he was there so much that sometimes he. forgot
whethtr he had been there the day be/'ore or not. Yet after all
this, he riiiw came into Court to deny that he was responsible
to the tradesentn who had sent is this furniture on his credit. It
WAS astoukaitig how he could forget this undertaking, although
a frail mentor% might perchance forget a thing which had hap-
pened the dao bePre. But if he really remembered any thing of
the transaction, he was at a loss to know host Colonel Wardle
'meant to defend hiM-elf front the payment.. Surely he did not
mean-to sav that Mrs.• Clarke was not a credible witness, espe-
cially when she was conhrtried by other", but if he denied her
testitnony t here was Major Dodd, who would confirm the plain-
tiffs case. And this he would do, whether the defendant called
him or not. If he were called, he must corroborate Mrs.
Clarke's testimony, and if he tere not called, hit verb absence
tyauld do the same thing. He must also state to the Jury, that
after itt. plaintiff had furnished some of the articles, he w isbed
to :ouch a little ready money. Mr. Wrlght was certainly a ter*
good tradesman for having secured a good paymaster.. His
next object was to render him a speedy one. and therefore
be begged a little money in advance. The money was men-
tioned to the Colonel. His reply was, " Oh, money ! money !
won't a bill do as wells?" " Yes, a bill at a short date." "Ah,"
said he, " but just now, it won't be quite so well to have my name
appear in a bill for Mrs. Clarke's affitirs !" The Attorney-Ge-
neral begged the Jury to recollect, this time was when a certain
inquiry was going on in the House of Commons. However,
said Mr. Wardle, I will contrive and manage to get you a bill,
which, in fact he did, and if his learned Heads on the other
side had any appetite to go into the transaction, they should
have full evidence how the affair was managed. These were
the circumstance' which he had to produce in evidence, and
from them he had no doubt hut the Jury would justly infer that
the Colonel tnust pay the debt for which he had made himself
responsible, and no doubt when he heard that such was the opi-
COD of the Jury, he would do it with great satisfaction.

Mary Anne Clarke, examined by Mr. Garrow, deposed as
follows :
In the Autumn of 1808, I took a house in Wesibourn-place.
I had shortly before become acquainted with Colonel Wardle.
At that time 1 was indebted to Wright in the amount of 5 or
6001. and I had no means of paying for the furniture myself, for
I then had not a single guinea; but I told Wright " I. had a
friend in view, who would furnish the house for me." 1 'cer-
tainly meant to allude to Cot. Wardle. 1 was to give Col. Wardle
every assistance and information in my power respecting the in-
quiry he was about to institute, and in return, he was to furnish my
house. Among other things I communicated to Col. Wardle the
conversation I had had with Wright about payment ; he said he
should consult a friend, and afterwards he told me he approved
of what had been doue. Col ;Wardle knew that I then owed
Wright money, for he advised Wright to bring an action against
the person whom he supposed liable to pay it, and tittered him-
self to pay the costs of the action;, but Wright was afraid, as a
tradesman, of doing it. Colonel Wardle accompanied me to
Wright's : Wright had met with an accident and was in bed ;
but we saw Daniel Wright his brother. said, this is the
gentleman who is to furnish my house; he was silent and did
not reply.
Q. Colonel Wardle made no reply when you said he was to
furnish the house ?

A. No, why should he; be went on purpose to give his
credit.

M rs. Clarke then continued :—Airs. Wright took me aside, and
when l returned. I found Daniel Wright and Wardle talking
about a side-board, which Colonel Wardle observed was a hand.:
:ionic one, and was to he sent in to me. There were also several
other things which they had settled were to be sent in. After
this, Colonel Wardle accompanied me to Wright's several times
in a hackney coach, and once or twice went in with me. Once
in particular, be and Major Dodd accompanied me. They did
not approve of the pattern of the carpet which had been seat
in for the drawing-room. I chose a blue and white, Colonel
Wardle cbose a scarlet and bronze. At last as I could not
bring him to my taste, I observed, in the presence of Wright,
Well, as you are to pay, VII take what you please. Major
Dodd was by, and observed the pattern was Turkish, and
would therefore suit me; fnr that reason 1 said I did nut
like it.

Q. You do not like any thing Turkish ? A. ;\.at in the pattern

JULY D.

of a carpet. There were several. things ordered on that oc-
casion by me and Mr. Wardle, in the presence of Major
Dodd, and the house was furnished during the three months of
December, January, and February. Colonel Wardle was con-
tinually with me daily ; he was ever comiog without any
, invi-
; he run over the house, from the kitchen to the garret.
One day, in particular, I recollect a large mirror coming home;
he was in a great passion, so Much so, that the man had nearly
dropped it. The Colonel said, as there was a large lustre in
the room, the mirror was unnecessary. Wriest begged that he
might leave the mirror, and perhaps the Colonel in n day or
two would change his mind. Upon this occasion he observed
that Wright would not he so ready to send things in. if he did
not know that he was to be his paymaster; The mirror was af-
terwards sent back; I thought it %b as unnecessary. Another
day he objected to an elegant writ ing,desk, he found mach fault
with it, observed there was already two or three about the
house, at last he said it was ill-made, I said no, it was not ill
made, and I would pay for it myself, rather than return it.

Q. Was it sent back ?
A. No ; he was afterwards ashamed of himself, and it re,
mained. Some short time after this, Wright expressed a wish
for some money. I mentioned it to Colonel Wardle. He steid
he had not any ready, but he mould consult a friend. He told
me afterwards he hnd sent a friend, a Colonel Glennv, to
Wright, and they had settled for a bill. A bill was given—it
was given through a Mr. I ilingworth, a wine-merchant, in
Pall-Mall. He observed it would he improper at that time
that his name should appear to any bill connected with my af-
fairs; he explained his meaning, as being relative to the charges
he was about to bring against the Duke of York. The bill
was given on the2d of January, and the charges made in the • •
Howe of Commons a week or two afterwards. The bill trans-
action was to prevent suspicion in the world. Mingo orth took
a bill of me, though I told him it was not worth a farthing.
Being cross-examined by Mr. Serjeant Best, she said she be-
came acquainted with Mr. Wardle the last Autumn. It was in
consequence of a letter she received from the Exchequer Coffee-
house from one M'Cullam, Colonel IVardle introduced himself.—
She was rather fearful of doing what Wardle wished her to do
on the first interview, as he was so little known, and had.been
but a short time in Parliament. He catne about one o'clock, and
staid until her dinner hour (six). During the whole of which
time, as she afterwards understood, Major Dodi ivas walking in
the street. Colonel Wardle afterwards introduced Major Dodd,
whose name she knew before. It was about the end of Novem-
ber. She went out of town for three or four days with Colonel
‘Nrardle, Major Dodd,And Mr. Glenny, whom she understood to
he an Officer of Logineers. They s isited the Martell() Towert
on the coast. She was at that time in distressed circumstances,
and before she could set out, she got 501. of Wardle to pay her
butcher and other trilling hills. At that time she had several
friends about her, .rind Colonel WardlL. was afraid they con!d.
persuade her not to give the evidence he wanted, and therefore
he took her out of the way. She had made many applications
to him for mooey, and he always complained of wanting money
himself; hut he was obliged to find it for her, and let het have
stuns continually, which Me called tending to her.

• Q. Were they to be repaid ?
A. No ; I never understood or intended them to he repaid.—
She had lately called for a small rum of money ; the Colonel
said, as it was settled in their negotiation what she was to have,
he %viol(' send her a small sum, and the same day he sent her a
draft upon a banker (Marsh, Sibbald, and Co.), drawn by one
Scott, an army clothier, who had assisted in the inquiry. She
explained, by their ne7,ociation it was agreed what she Should
nave, that in case it was asked her by the House of Com-
mons, whether she did mot give her evidence under the expec-
tation of future reward, she might say no.

The Serjeant asked her, whether she had not quarrelled with
Mr. Wardle. She said she had not, but Mr. Wardle had not
visited her fora month, why, she did not know ; but Mr. Cur-
held, Mr. Wardle's attorney, had entne to her on Saturday with
a subpoena ; he told her, that Wishing to treat her with respect,
ha had brought the subpoena himself, instead of sending a clerk.
with it. That Colonel Wardle waa a man of honour, and he
had brought him in for Oakhamptun—that he wished to refer
the case to arbitratiou, and ifshe appeared in Court Serjeant Best
*soul(' cut her up by a severe cross-examination, and Mr. Wardle
would give it out she was bribed by Ministers to give evidence
against hint.
Daniel Wright, the brother of the Plaintiff, was next called.
De stated, that no goods were sent into Airs. -Clarke's h•use