The National Register.
London, England, 1809-12-10 00:00:00

g%veu to (rico, to preset ve the fri.edian of the public : and the
moment that has traa;pled upon, their patent ought co share the
same fate. These private boxes were no privileges for Nobi-
lity ; and he would be bold to say, that they would be fur the
most part reserved, not for Ladies who had a life-interest in
their Lords, hut for those, who. possessing their ascendancy
over theta but for a season, would make that season as profit-
able as passible. These were the purposes to which the pri-.
gate busies would he applied. If there were a place in the
Theatre where no foot b.t that of Royalty trod, the Learned
Serjeant would be the first to honour it, and to wish it might be
for ever sacred; but it was well known that the Ring's box it,
our Theatre *as Open to the public; and any one of the Gen-
tlemen of the Jury might inhabit it with his family the very
'tight after his Majesty had filled it. Ali idea of exclusive pos-
session in a while Theatre was inconsistent with the original
patent; which in its terms said, or must say, that the Theatre
is for the public, high or low, virtuous or otherwise.
If the Managers had no right to advance their prices of ad-
mission, and their appeal to the public she wed they had not,
then the Jury would find the Managers in the wrong; and this
was the cause of the riot. The Learned Serjeant did,notjustify
riot; but Englishmen must be taken with their virtues and their
faults: it was to the riots of Englishmen that we owed some of
the most valued privileges of our land ; and when Englishmen
ceased to riot iu a just cause, they would cease to preserve their
liberty from oppression at home, and their rights from usurpa-
tion abroad. If they used this spirit for one purpose they would
fur another. The Learned Serjeant doubted, however, whether
the uproar which had prevailed in the Theatre amounted to a
riot. if it could be shewn that a single chandelier had been
broken, and that the damage of sixpence had been dune to the
Theatre, the Learned Serjeant would allow it to be called a
riot; but for his part, he never saw a more harmless set of peo- ,
ple in his life than these same rioters; and where he felt most ,
strong was, that his client was not one of them. The Learned
Serjeant knew it had heeu sworn otherwise ; and he should be
happy at some other tune to meet the gentlemen_ whose names
be had been upon paper; for he knew they had been guilty of
gross perjury. Ile could prove that the Plaintiff .took no part
in the riot, and only wore 0. P. in his hat; and the Learned
Serjeant submitted that, if there was a riot, this single circum-
stance could not make a man one of the rioters. The law says
that a rioter could he taken up only durante deticto, and even
then not without a Alisistrate's.warrant. The Defendant was
no constable ; and the Learned Serjeaut believed that Taunton
was none: the Defendant, however, was the man that gave the
charge, and he, at least, was no constable. If a !eau saw a riot.
it was his duty togolu a Magistrate,and,arm with his autho-
rity, to interfere. But the moment the rioters Eeparated, there
was an end Of. the riot; and the Learned Serjeaut would spew
the Jury, that at the time the Plaintiff was apprehended, he
bad left the Theatre, and was walking home with the gentleman
with whom be eutered the Theatre. At that moment it was
eertaiu that nobody could seize him as a rioter, without the
warrant of a Magistrate ; and if the Plaintiff, instead of heir; n
peaceable and good-humoured man, had been violent, and had
resisted the assault, the assaulter and the Proprietors of the
Theatre would have had to answer for whatever blood might
have been spilt. Before the Plaintiff wa, apprehended, the
platy was over and the curtain down, and he himself had left the
bourse. This bad been sworn otherwise; but the Learned Cowl-
NI would prove it to be as be stated it. The Defeneanteter
4.R to Tauntou, who was with him, " That's Clifford, hke
him." Tauutau remonstrated, " Why, he's been doing nothing
rnii night." " Never mind," replied the Defendant," D—n your
(yes, sieges Clifford—take him." He was therefore taken be-
citilit lee was Mr. Clifford. Dlr. Read, the Magistrate, debited
i4l Room with what the Plaintiff was;eharged ? Taunton said he
bad no charge against him; and, by-and-bye, after being sent
for, the Defeadaut came, and very flippantly said, that the Plain-
tiff scat a rioter, and bad been encouraging the riot the whole
sight long. The Plaintiff, with a great deal of temper and mo-
deration, coolly asked the Defendant if be would swear to what
he had said ; and wire had dope so, be would have been exalted
upon a stage somewhat higher than that of Covent-garden The-
atre. The only question fur the consideraikm of the Jury would
be the amount of damages; and was 1001. too much to give to
a Gentleman, w Ito had in the midst of this city, ander the eyes
o(all his acquaintance and friends, and under the eyes of the
Judges before *hum he practised, been conveyed before a Ma-
gistrate, who bad discharged him at once ? The Defendant had
WWI& Special Jury to decide ship Cute.
,Fens irks% the