The National Register.
London, England, 1809-03-19 00:00:00

MARCH 19.

which had been brought forward meld not induce him to cons
yet se that Mrs. Clarke had any influence with the Commander
sn Chief. This conclusion was so preposterous, that he tatty
Hon. Baronet believed the Right Hilo. (gentleman) stood zilone
in that opinion, but however improbable his opinion might be,
it could have no improper weight with the House. Mrs.
(;1 irks, by the Right Honourable Gentleman, had been as it were
sited to the bo:emt. When 511 C first appeared at the Bar,
the most unfavourable impressian was made on the tniods of her
hearers, from her situation in life; but on her proceeding in her
evidence the impression became of a dilferent nature. She came
forward under peculiar disadvantage:, hoth"from her known
character and situation, and very little dependence, if any,
was placed on her testimony ; and as she went on, however,
other circumstances occurred, and such a system was unra-
velled as no human ineenuity could have fabricated. The
Attorney General, too, was completely thwarted in all his
exertious, for if he had discovered the slightest error in her
conduct or demeanour, he would have overturned all her es i-
deuce. He had heaped hypothesis upon h%pothesis, surmise
upon surmise, and had drawn inference upon inference, but had
still been unable to gain his point. Mrs. Clarke, he said, was
a prodigy of art at: invention. The evidence upon the whole
was such as the nature of the case would admit ;.and there
were the most reasonable grounds to admit, that the most cor-
rupt influence existed, and it was observable to any common
mind, t ;tat Mrs. Clarke was making a tool of his Royal High-
ness, in order to answer her own purposes, and this was the
most favourable construction that could possihly he put on
coo:luct so impre per; and the evidence was so strong, that
it redounded to tile eternal shame of his Itoyal Highness, and
would to ally other man be considered as disgraceful in the ex-
treme. The lion. Gentlemen of the lung robe, the Learned Gen-
tlemen :say. that the evidence of -.rt. Ciarke is not admissible,
but when her testimony is supported by other wi eiesses, whose
cheracters statel mtini peached, for instance, by the testimony of
Miss Taylor, who certainly was a most respectable witness, how
could a doubt exist? Merely front her not knowing on a cer-
tain day when a Major Was appointed. The Rieht Hon. Gentle-
man (the Chancellor of the Exchequer) said that, that 31 is-
Taylor ought not to be believed ; nobody knew why ; and then
he endeavoured to explain away his words, by stating, that she
s:titl his Royal Highness had used certaia expressions, stall as,•
" How tines he use you, Darling ?" which were applicable
to the caw she had to prove only, but could not recollect any
other part of the conversation which might tend to the
elticida lion of some other point ; and this want of recollection
the Honourable (gentleman asserted, was a ground fur
tohil di ,belief. lu answer to this argument it might be asked,
whether, if two persons felt inclined to conspire t 4E:ether, they
would not make their rase strong enough to prove all they might
wish to maintain ? And not by a lame and unfinished story,
s ibject themselves to detection. A Learned Judge (Mr. Burton)
bad also endeavoured to destroy the evidence of Mrs. Clarke, but
bad not produced a single argument against her credibilLeityarnexd
, e-
cept her character as connected with the Duke. The
. Judge had asserted, that Mrs. Clarke had contradicted herself in
tile course of her testheetty t eitty-eieht times, and from the
known ability of the Learned Judge, he had listened with con-
siderahle attention and anxiety fur the proofs of that averment,
but he had a ;sited in vain, although he would have been ready
to admit, without hesitation, that such cootradiction would
certaiely go materially to discredit her evidence. One ground
for the disbelief ‘of her testimony was, her not having recollected
(dearly circumstances whit h had occurred four years and a half
ago, and her having asserted that she bad not told Mr. Knight to
keee secret frees Pile Duke the transaction relative to his ex-
change. It was fair, however, to recollect, that the assertion
was made on both sides, and that the veracity of each was
equally entitled to credit. Miss Taylor's evidence was likewise
;le-credited, because she could not telt whether her father was
called Chance or Taylor, but he conceived her as complete and
as creditable a witness as had appeared at the Bar.
ri
an lion. Member who spoke early iu this &hale. I beg paftlon,
I must call him a Learned Gentleman, for he is His Majesty's
Attorney-G.meral; to whom I listened with the greateat atten-
tion ; and although I never had al opportunity of knowing him,
I did expect that he would have stated some luminous points,
some elucidation of the case; but how have we been disappoint-
Sir, I remember basing heard of a great Lavyer. a Mr.
Dunning., Who, on being as!stal by a Client to recommend him
to a Couwelioe the most proper for his ease, asked him " what
your CilAt?" The percrtiapplylnz answered, 4it is a vm,.;

VI; I

. -

had case." " If so," said Mr. Dutteing, " oil 11.111 bet !Cr take
the worst Counsellor you can ;.et; fur ein;-10\ a man of
genius he will be hampered vviih it, but a b.,' Collo selfor w ill
not stop upon any point, for he v% ill go on without t aid
hy using. many words, have the appLarance of ma One a great
defence." (dear! And so, in the i,resect il'stance,
defence made by that Learned Counsellor oppesite lil con-
fess, given me a very strong imi/..!-ssion as to the depth of his
understandise.;; and it puts me in min.: o!'ln ass, w Ito 1% itt retest
the choicest food for the ,:the of enjoy lug a feast atoll: thistles;
or of ehriiiiau in The Pilg..int's l'eugrts, who, vi lien he was
is the slough of Despond, had to leave his travelling companion
in the uncl, as the Learned Gentleman had left his Oil nt, the
Duke of Vork, and out of which all the Anti-Jacos.,is
land would not be ahle to extricate hiw. ;leaf ! hear ! hear!)
That same Learned Gentleman, towards the conel:isiou Of his
speech, seemed to express a great doubt as to the hand-
writing of the note about Capt. Touyn ; for, after it had ht
etv
proved hy the hest of evidence, the worst was brought fore art.i
to rebut the best, and :te boldly calls it a forgery, because Mr,.
Clarke had stated that she could write very like the Duke of
York. But with all his ability he was unable to prove that
)Irs. Clarke had ever obtained any money by her extraordina, v
talent. This Harpy, iv• the Ilimourable Gentleman was plea; t• 1
to call her, w hen she got money, invariably paid it to ;tur
needy tradesmen, and when she was importunate with tile
Duke of Y ork, it nas on account of the poor persons to
w ham she was in debt. It appeared, indeed, from all the
collateral circumstances, that there was not a witoess who
hhad
not substantiated her evidence in the most material points. Tem
never was a witness more fearless, anti the evidence was so cir-
cumstantial, that it would be admitted in any court of justice,
iiitheut a moment's hesitating. The Learned Gentlemen ie.
adoptiiig this cause, seemed to have 10.,t all their ability. They
seemell to think Mrs. Clarke a vv itch, and from the power of her
enchantatent, conceived it was not at all won the Duke
of Vol.!: should have been seduced by her spell: ; but with all
their hypothesis they were unable to form any conclusion favor-
ahlc to themselves. They could look at the noon-dav -sun art
pass over the most palpable and incontrovertible hull's, but
would stoop in the musky mist to pick up straws, and chicko
soar
t
trifles light as air to support t:Trir sinking cause.
ruth t
lawyer is like red rag to a viper, at which he snaps,
inarid exd
-
tracts the tin;; from the envemoned gums. It is a prtfel an
unpleasant consideration to think on one side •tre have evidence
which gees to the fullest extent in support of the alleged cri-
minality, while on the other hand we have the letter of the
Duke of York, denying the facts so clearly proved. What
difference is there between the evidence of Mrs. Clarke and Mr.
Adams. There is no dnction as witnesses, the one is as good
as the other. An appeal is made to the -geccral character of
the I)ukc of York, but are we aeon the honour of that Prince,
to conclude or to decide that it requires noire than common evi•
dence to convict hint. 'With all Mrs. Clarke's imperfection, and
inconsistencies, in taking a fair iew of the pl:in t rat h, it was int-
poible to find such contradictions in h
Riger evidence, a:vlw,..i
inherore 1:; the
evidences of Colonel Gordon. The ht lion. for
Cambridgeshire (Mr. Yorke) althotO he could not h;slieve the
Note relative to Major Tonsil to be %vrittett by the Duke, vet
could believesuch men as Sandpit and French were Mrs. Clarke's
dupes. Col. Gordon seemed to have been brought forward as the
grand stalking )torse of office, it was to be presumed., that w
ever he said was to be bleu in a favourable light, while that
which fell from Mrs. Clarke was to be construed as unfavour-
able. FAA how different was the reception of Mrs. ClarLe
She was treated with acrimony and insult, and denied Cie
smallest indulgence. Her character,
stilt notwithstanding, hail
shown itself, if not resplendant, at least praist .
In the case of Samuel Carter, if generosity was to be ;taw_
huted, the praise was due to Mrs. Clarke, who stepped fort, ard
to further t t
he ineres of an humble depeadent. The
ronet then adverted to the case of tor o‘mem.,
nottrable Ba
We come to some cases that arc said to have notshew tohing-at awhat an
ll to do
with Mrs. Clarke; hut I think they evidently
extent Mrs. Clack 's influence went. It weighed heavily upon
the Duke, and chews I. picture of hypoctiqy mu) profligacy
united.—(
hen hear ) is truly revolting to propriety mid;
decency. W these. Gentlemen were for setting aside the.
Whole of Mrs. Clarke's evidence for a few, what they
called. contradictions, which were pnimportauf either one
wav or the other. he thought it hard. She offers to give up her
annuity to pay her debts. but that annuity, whun applied fac,
was refused by the Duke, although formerly promised. 4.14 .4.

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7H 1.9. TUE NATIONAL UEGISTER. 11;11 I
A been brought forward (meld not induce him to con- ! had ease," " If so," said Mr. Duneine " von had better take
t Mrs. Clarke had any influence with the Commander eo •
the worst Counsellor you can eet it' \ce C:11:110 \ a men of
This conclusion was so preposterous, that he tette : • 1
eenius he will be hampered iv iih it, but a lee' Coue seem. e ill
eonet believed the Right llon. Gentleman) stood alonei tl
not stop upon :me point, for he o ill eo on without ; re,ine, aed
;pinion, but however improbable his opinion might be, 111
by using lIIMIV l;nrds, have the appltrauce of ma k i'lle a greet
have no improper weight with the House. Mrs. defer ( l'lcar !h-ar :1 An:l so, in the tcresect 11-seance, the
by the Right Honourable Gentleman, had heeu as it were defence made by that Learned Counsellor oppesito liar.. I eon- F
100 ho:tmit. When she first appeared at the Bar, fess, given me a very strong imecession as to the depth of his , •
unfileourabte impressian sas inede on the iniods of her understandine , and it puts me in mite: o!'en ass, eho o ill reiect I it
from her situation in life; but on her proceedine in her the choicest food for the seta- of eniov lug a feast ;rpm: I ilisites ; I i
! the impression became of a different nature. She came ur of ehiiitn in The Pilg..ints l'eurt.s, will), v+ hen lie oas
ruder peculiar dieldvantages, hothefrom her known in the slough of Depond, h
aul( to leave his travelling companiou
!it and situation, and very little dependence, if any, in the unel, ae the I.earne ientleman had left his (lit nt, tlie
1.
teed on her testimony; and as she went on, however, Duke of Vork, and out of which all the Anti-duo:ties ie tee.
irettinstances occurred, and such a system wa" unra- land would not be able to extricate hiut. t ;bete !I. ! .car!)
as no human ineenuity could have fabricated. The 1 That same Learned Centleman, Inwards the couelesiou of his
,1'
y General, too, was completely thwarted in all his I speech, seemed to express a great doubt as to the hand-
us, for if he had discovered the slightest error in her 1 writiug of the note about Capt. Touvn ; for, after it hod le NI I
t or demeanour, tic would have overturned all her ev i- proveii by the hest of evidence, the worst was brought fors% aid 1
Ile had heaped hypothesis upon it pothesie, surmise to rebut the best, and sae boldly calls it a forgery, because Mr,.
ettnise, and had drawn inference upon inference, hut had 1 Clarke had stated that she could write very like the
Duke of
en unable to gain his point. Mrs. Clarke, he said, was I ark. But with all his ability he was unable to prove the i t
igy of art ;eel invention. The evidence upon the whole
tal Mrs. ClarTk hie s
had ever ob
astained a
nyua ii
itblmice
C by
titlheeir
aen was xtreorpleasedinat vd
toil as the nature of the case would admit ;.and there ent. Harpy, the Ile n .
he most reasonable grounds to admit, that the most cur- to call her, w hen she got motley, invariably paid it to ;or
itleence existed, and it was observable to any common needy tradesmen, and when she was importunate with tile .
teat Mrs. Clarke was making a tool of his Royal High- Duke of 'York, it was on account of the poor persons to ; 1
n order to answer her own purposes, and this was the wham she was in debt. It appeared, indeed, from all the
ravourahle construction that could pnioihly he put on collateral eircumstauces, that there was mater a witness who had
tt so improper; and the evidence was so strong, that not substantiated her evidence in the most ial points. There 7,
tunded to the eternal shame of his leoyal Highness, and never was a witness more fearless, and the evidence wns so cir-
to any other man he considered as eisgrriceful in the ex- etunstantial, that it mould he adraitted •in any court of justice, ~; .;
The lion Gentlemen of the lung robe, the Learned Gen- vi ithout a moment's hesitating. The Learned Gentlemen la ,
1 pay. that the evidence of -ert. Clarke i: not admissible, alloptieg this cau,e, seemed to have lost all their ability. They
-. ,
1 401
.: i.S('
-',...
lien her testimony is supported by other witnesses, whose seemed to think Mrs. Clerke a n itch, and from the potter of her
Leers said to.inipeached, for instance, by the testimony of enchantinent, conceived it was not at all Wm: ;erful the Duke
ray lor, wlt certainly was a Inost reetpeetahle witness, how a -York should have been seduced by her spell:: but w ith all ,ee.
-...1.
a doubt exist? Merely front her not knowiug on a ref- their hypothesis they were unable to form any conclusion favor-A .
. 0,
ay when a MikiOt is aS appointed. The Rie,:a lion. Gentle- able to themselves. 'fhey could look at the noon-duy -sun autti ,e, -'-e-';
~
time Chancellor of the Ex.chequer) said first, that \1 is, Levis over the most palpable and incontrovertible ttuths, but .. el: i
. ...
etc
tr ought not to be believed ; nobodv knew ruby; ami duel would stoop in the musky mist to pick up straws, and catch id
deavoured to explain away his words, by stating, that she trifles light as air to support Weir sinking cause. Truth to a
•it : 1
his Royal Highness had used certtlie ex pressions, each as,• lawyer is like red rag to a viper, at which he star, arid ex- ;
tiv tines he use eott, Darling ?" which were applicable tracts the -fine from the envenomed gums. It is a pteinfel and ;
e caw. she had to prove only, hut could not recollect any unpleasant consideration to think on one side we have es idetice • •
I port of the conversation which might tend to the which gees to the fullest extent in support of the alleged
de lion of some other point ; and this want of recollection minality, while on the other band vie have the letter of the
Ilieht Honourable (ieotleolan asserted, was a ground for Duke of York, dene int..; the facts so clearly proved. What l.
di .belief. In answer to this arettment it might be asked, difference is there between the evidence of Mrs. Clarke and Mr.
fitter, it' two persons felt inclined to conspire t e :ether, they- Adams. There is no distinction as witnesses, the one is as good • e
id not make their race strong enough to prove all they might as the other. An appeal is made to the -general character of
i to maintain ? And not by a lame and unfinished story,
the Duke of York, but are we upon the honoer of that Prince, ..
ect themselves to detect ioe. A Learned Judge (Mr. Burton) to conclude or to decide that it requires more than common evi.
also endeavoured to destroy the evidence of Mrs. Clarke, hut deuce to convict him. With all Mrs. Clarkes. imperfection, and ,
i..i
not produced a sitle argument against her credibility, ex- inconsistencies, in taking a fair N iew of the onsntroth, it Was im- %„.
t her character as ellOneete:t with the Duke. The Learned possible to find such contradictions in her evidence, as were i:; the
lge had asserted, that Mrs. Clarke had contradicted herself in evidence of Colonel Gordon. The Right II on. :O.: for
course of her testineety tli elli V.C.P4h t times, and from the Cambridgeshire (Mr. 'Yorke) althoiteh he could net l'itt'ere the
wn ability of the Learned Judgo, he had listened with con- Note ►relative to Major Tonyn to be vvritiett by the Duke, eet
e-able at teuti on and anxiety for the proofs of that averment, could believe•such men as Sandpit and French o ere Mrs. Clarke';
he had i sited in vain, although lie would have been ready dupes. Col. Gordon seemed to 'lave been brought forward as the
admit, whout hesitation, that such cootradietion would grand stalking )torse of office, it was to be presumed., that w het
taiel ygo meterially to discredit her evidence. One around ever be said was to be tad in a favourable light, while that
the disbelief 'of tier testimony Wil`4, her not having recollected which ellrom M. Clarke was to be construed as uttfev our-
arly circumstances whit h had occurred four Years and a half able. liut how different was the reception of Mrs. ( larLe
e and her having asserted that she had not told Mr. Knight to She was treated with acrimony and insult, and denied Cie .1..;
,
~,
;'l.
it
t secret brain elle Duke the transaction relative W his ex- smallest indulgence. Her character, not wit hstand ing, ha•
d
tnee. It was fair, however, to recollect, that the assertion still shown itself, if not resplendant, at least prais; -iv ertle.„
Is made on both sides, and,
that the veracity of each was In the case of Samuel Carter, if generosity is as to be awe,.
nail v entitled to credit. Miss Taylor's evidence was likewise bided, the praise was due to Mrs. Clarke, who stepped fore erd
;credited, because she could not telt whether her father was to further the interests of an humble depeudeot. The Vie- .
lied Chance or Taylor, but he conceived her as complete and 'utterable Baronet the ;Averted to the case Of pr o‘Mem.,.
creditable a witness as had appeared at the Bar. Vhere was We coine to some cztscs that arc said to have nothingett ll to do
I lion. Member who spoke early iu this dehaie. I beg pardon, with Mrs. Clarke; think they evidently she w Coat hat an .....
must call him a Learned Gentleman, for he is His Niajesty's extent Mrs. Clad:es influence wept. it weighed heavily upon -.;
ttorney-Grneral; to whom I listened with the greatest anew. the Dulte, and shews a picture of hypocr;sy :Intl profligacy fil
on ; and although I never had al opportunity Of knowing him, united.--Blear ! hear! )It is truly revolting to eroprirty end; .., .
did expect that he would have Stilted some luminous Volutes . decency. When these. Gentlemen were for setting aside the. . .
one elucidation of the case ; but how have we been disappoint- whole of M. Clarke's eeideece for a few, w:hat il!ey
called. contradictions, which were un,importaut et.ther one
11: Sir, I remember haying heard of a great Law vele a Mr.
)unning, who, on being asked by a Client way he thought it bard. She offers to give up her
whun applied foie
to recoMmentl him or the other.
e a Counsellor the most proper for his ease, asked him " what antetity to pa) her debts. but that alleuitY,
J: he persrrif applyln- luswered 66 it is 3 Yere
your eilAt: , I, . 3 • a was refuied by the Duke, although formerly promised. 4q .4.