The Sun.
London, England, 1809-07-04 00:00:00

L.ItY REPORT.

• COURT Of KING'S 13p1.Cui, NLY 3.
-
LOvEpEN, ESQ. V. BARKER, Lisa.
The Plaintiff is a Member for Abingdon, and the
Defendant is the son of a Gentleman in the same
county; ss Ito has 8 or to children, and is himself -a:
Lay-fellow of Mertou College, Word, The Plain- .
tiff is ka man of large fortune, and has married suc—
cessively three wives, the last of whom, his present
wife, is about 25 years of age, and he lims-lf•up-
wards of Go. The Defendant being anintitnate ac-.,
quaintance of the bandy, had evidently engaged
the affeetions of the. wireot she Plaintiff, and the
present Mimi was brought to recover damages for',
criminal conversation committed with her. • •
Mr. GARROW opened the case on the part of the
Plaintiff, and adduced evidence to shew a very fa-
miliar intercourse between them. Two grooms of
the Plaintiff deposed as to several times when the
wife of the Plaintiff and Defendant rode out loge-
flier. . Once they went into the nursery belonging
to Mr. Henderson, in Edgeware-road, and were ob,
served together in a summer-house in• close conver-
sation, the Defendant having his hand upon the •i
Lady's shoulder. The coachman and footman also
stated that in May; 1806, the. Lady had taken the
Defendant up in her landaulet, the blinds she closed
in Bond-street, and drove with him to Fleet-street.
It was hot. weather; she had been accustomed to
have the carriage open, but this day she had it
closed, and when she got out she was very warm,
Very,. much confused, and much tumbled as to her
dress.
_
Warren Hastings, under butler tp the Plaintiff,
stated, that in August, taoa, he had reason to sus-
pelt that Mrs. Loveden had received the visits of thee'
Defendant, though :she denied that he had been
there, yet upon hearing ,a n'us he ran out of the
house with a pistol in his hand, and late at night
caught the Defendant attempting to leap over. the
palings to get through a plan whin adjoining tee'
house of the Plaintiff, in Bruxton, in Berkshire.—
That he then expostulated with him upon the im-
propriety of his coining. there attei baing admoniShed
against it by his father and by Mr. Cox,
.son in-law
to the Plaintiff. The Defendant thee took Hastings
by the hand and promised never to come there again,
when Hastings also promised not to. disclose the se-
eret,
,provided he never trespassed Upon_ his master's
preinises again. Hastings returned to the house,
and kept the keret with respect to all but Mrs. Love./
den, to whom he immediately communicated what
had passed. On Friday, the 10th of Match, taog,
the Plaintiff was at Abingdon, at a meeting of. the
Local Militia, when it was suspected in the family
that the Defendant's visits would he renewed. Hast-
ings, the filithful butler; suspected that he had heard
the library window open, and that the Defendant
was admitted by Mrs. Loveden: About owe o'clock,
she ordered him to bring a glass of wine and water,
into the library.. The Detendaht was not • there
then, but he suspected that he was in the study,
which was on the ,other side of the stairs. Mrs.. I.
Love6eti went'rather earlier to bed that night than
usual. Hastings suspecting that the Defendant would
go from the study to his mistress's bed-chamber, •
watched till two o'clock, in a place where he could
see her aoor, but observed no one enter. then.
went to bed, and the next morning went to try the
door of the library. He found it was locked, abd
asked Mrs. Loveden for the key. Site said she had
no key, and Mr. L. always kept the, key with him.
Hastings then said thtre was a fire lel t but ring, and
•he must examine it, He afterwards procured a car-
penter to place a ladder against the. window, and to
open it e and Mr. Barker W2S found in the room
-with his boots on, and his great coat on his
,artn, en-
'tleavouring to hide . himself behind the door.. He
:was afterwards released by Mrs. L. who found a keys
for the purpose. Hastings afterwards went into the
room where Mrs. L."and the Defendant were; when
Mrs. L. said, they (meaning the servants) had reined
her. The Defendant said, .he made a great fuss
about nothing; he had only come to expostulate.
with Mrs. L. and h, prevent any further ceinmuni-.
' cation between them by letter. Hastings then re-
' minded him of the-promise made to ham ; and told
• him, it he had acted
.honourably, and kept his word,'
he should have kept the secret bum all the world.—y-..
The Defendant never admitted that he had had any
improper intercourse with the Plaintiff's wife.
The Lady's maid was also called, who spoke as to
her mistress usually having her to sleep in the same
bed, ,in the absence of Mr. L.; but that being at
the Defendant's tether's, on a visit, and the Plain
tiff not there, her mistress changed her usual custom,
and she slept in an adjoining room. In the middle
of the night she heard a hose, as if the holt of the
door was raised, and somebody entered. The bed
Was tumbled unusually, and the next night Mts. L.•
desired that the door might nut be bolted. ail the
morning after the i nth of March last, she examined
the bed, and observed it was very much tumbled,
and Mrs. Lovedas shift was as much'disordered as.
if it was wrung out like wet linen. But. she ob-
served no ether inArks from which She could deter-
mine that the Deleodant had slept with Mrs.
Lovedeu.
One of the servants also stated, that in last su
mer, op a Sunday, the lama), weht to.Cluirch, Mrs.
Loveden staid at home, and the Deleudaut met her
hi the summer-house, and was with her for, sonic
tittle. That he then took his horse and went away
before. Mr. Loveden returned. Mrs. Loveden had'
not eloped with the Defendant, but was now living
with her mother. She had no children by the Plain-
,: tiff. Very slight evideuce was given as to the man-
ner; in which they lived together, but there was no
attempt by the Defendant to shew any tniscondutt
by the Plaintiff.
Mr. Serjeant BEST commented upon the evidence
and denied the charge altogether.
Lord ELLENButtoUGIi (C. J.) summed up the
case, and said it was merely a question, whether the
last act of dishonour had been cortunitted, for as to
the familiarity of the Defeudant and the nature of
his designs, there could be no doubt.
The Jury retired for an hour, and returned a ver-
diet for the Defendant.

WRIGIIT V. t‘'AjiDLE,
Mr. ATTORNEY-GENERAL stated, that this was
an aeiion biou;ht by an upholsterer, for goods fur-
nished by the order of the Defendant for Mrs.
Cla'ke, a Lady for whom, in the latter end of the
last year, the Defendant had. had a preference, and
to whom he was then the very good friend, The

•
ATT'ORI3ItY-GENERAL then stated the Case,
his witne:l!ses afterwards proved ; and olis-erved that,,
looking at. the connection that had subststV between
the Defendant and-Mrs. Clarke, it was the height of
probability that the Defendant should pay for what
it Nvouttl he proved he, had proMised to pay, and that
the Plaintif would not have trusted Mrs. 'Clarke,
she being before 5001. or 6001. in his debt. In that
sense of the word, Mrs. Clarke was' not, and the
Defendant .was worthy •of credit.' Th'e• Colonel,"
continued the ATTORNEY-GENERAL, " gratif.Orig his
sight, morning, noon, and night, with this furniture,
oftener than he remembers—l suppose, atlast he had
no further use for .Mrs. Clarke things are so : his
blood is cool, his passions are gratified, and he has
forgotten. I know that men sometihies forget
things that have ;happened two or three days ago,
and therefore I don't wonder that theyshould forget
things that have happened twoor three months. I shall
prove the tact by Mrs. Clarke, the intimate friend,
to whom. the Colonel,was bound by the strictest at-
tentions—by the brother of the Plaintiff--and by
the testimony of Major. Dodd, the only other per Son
who was present at the Colonel's promises, if the
Defendant's Counsel chose to call him, and by his
absence if they do not."
What defence could be made to the present ac-
tion,
.the learned ATTORNEY-GENERAL•WaS •at a loan
to conjedure. Would the Defendant go: upon the
ground of Mrs. Clarke not being worthy of credit ?.
After every thing that had happened; the Colonel
could never do this, bold man as he was. Mrs.
Clarke had, no interest whatever the, action ; and
if the Colonel had any grace, any modwy, he could
not hold that language.

MTS. CLARKS was then called.

.Mr. Serjeant BEST, fbr the Defendant; submitted
.that she could not be a witness withonti a:release,
because she was coming, bycharging.the Defendant,
to discharge herself. - .
• Mr. GARROW, for 'the Plaintiff, said, -that they
had stated her to be the mere agent bf- the Defen-
dant, and that there could be no pretence for charg-
ing her.

• —Mr. Setjeant BEST replied, that the question was,.
wbet her Mrs. Clarke was the original contractor of
this debt: ,The goods came into, the possession of
Mrs. Clarke ; and prima facie the person who had.
the benefit of the goods was liable for their pay-
ment.

Lord ELL ENEOROUGH said, that if Mrs. Clarke I
Were krima, facie liable, he should think the Plaintiff
ought to release her ;.'butithe Learned ATTORNEY-
GENERAL'S statement had been, that the entire credit
was given to a person' who had Mader her donee of
these goods. . The tradesman who called her, gave
her a release : could he ever charge her ,after the
present action ? • • •
Clarke then deposed to the following effea:
I was absent from London three or four days last
autumn. I took a house in Westbourne-place from
September last, but did not enter uponit till No-
vember. The negotiation was making about that
time fur the lease of it. I communicated to Colonel ,
Waidle that I had taken this house : it was unfur-
nished. I had conversation with Colonel Wardle
about furnishing it 'before I-applied to Mr.
When the house was first taken, I hired a few goods
of Mr. Wright, to whom.' W 3.3 ind,lbte five or t;o0i.
before. As I was so indebted) he refused to' aiva
we further credit, bin would send me-a few things*
on hire. I told him, in consequence of converse-
- lions with Colonel Wardle; that I had a friend in
view, who would fmnish my house for. pie. I did,
not tnention his name, but the person. to Whom I
alluded was Colonel Wardle ; and this I did in con-
sequence of the promisesi had _from him. -1 was to
give every information in my power to assist him in
the investigation, in return for which he was to fur-
nish my house in part. I communicated this to
Colonel Wardle immediately : I saw. him altnost
every day. He asked same one first, and then said
he apptoved, of tbis.communication to Mr. Wright.
Iliad not any other means in the.least of making so
large an expend:Jure., 1 was very much distressed
AS to money-matters at that time. Colonel Wardle
knew of this, because he advised Mr.*Wright- to
bring an action against the person who ought to have
paid the-money I owed him; and offered, if Mr. •
Wright should be cast, to pay his costs himself.
This Mr. Wright, as:a tradesman, was afraid to do,
Colonel Wardle afterwards accompanied me to Mr.
Wright's, to- assure him -of
,his (Colonel Wardle's)
'personal resposibility. Mr. Wriet: was confined
to his room, and Colonel Wardle did not see him ;
but I went into his room• with his wile and saw him
though 116 was in bed. • Mr. Daniel Wright attend-
ed as Mr. Wright's brother. I said to hint, " That.
is the Gentleman who is to mulish my house."
Colonel Wardle heard this : he went for that .pur-
pose, and was silent. That was the expresspurpose
for which he went. We looked over the furniture,
and Mrs. Wright fetched me, out to speak to her
hUsbend, 'lt was very near half an hour before I
came. back to Colonel 'Wardle, .who remained chns-
ing some of the things ; he knew exactly the state
of my house. At .the first interview he had with
Mr. Wright, he ordered several things to be sent in,
in return for those I had hired. When I came back
to him from Mr. Wright's room, he said that (point-
,iog to one); Was a handsome side-board, and it was
coming in fOr me. They had settled it in my ah-
sence, and there was very little for me to say,---
Colonel Wardle has gone a great many times into.
Me. Wright's shop, when we were together in, a
hackney-coach, and I did not
,go in ; but he went
in once or twice more with me. I had chosen a
pattern of a 'carpet, with which Colonel Wardle
. had found great fault, when he saw the piece in my.
drawing-room. We in -consequence 'went to Mr„
Wright's, where we were • shewn some other car-
pets. Colonel Wardle selected one, which he liked
better. Major Dodd was with us : this was the
first time he was with us both. The carpet f liked
s was of a light pattern,: they wished Inc to have a
.
scaflet and bronze one. I objeefed . that that was
only fit for parlours ; my room was a drawing-rooM.
, Major Dodd said, the scarlet and bronze was Turkish,
and would suit Me very well ; I said that was tke
very reason I did not like it. However, I got over
my objefton, and said, " I did not care about it,;
the carpet was' an expensive one ;.and as coicitiel
'Arardle,was going to pay for it, they should have
their choice."' Colonel Wardle did not express any
astonishment at this. Several things were ordered
by rue and Colonel Wardle in the presence of .Major
Dodd. I did not in the leaSt object to his increasing
the order. The things were finally sent in. It took

twq.Or_ (brie inqi-Iths. to cprriplete the otder. The
things-were-sent in in Ot.ceMbet and 3atiu ry = 'll4
thingS;were sent back _again. COlotiel :Wardle
was constantly in every room in tile house, the
kitchen to the garrets, and sometimes sent back
pensive thingi that Mr, Wright had. sent in, whey
the. Colonel .thcught they were superfluous; I re-
one.dav vcry large mirror coming in, v.,ben
Colonel War Ole Was with me; 'he said Mr. Wright
bad already sent into the room a large charidelieri;
and put himself in so great a passion, that I thouglit
the man who brought it would have let it ran.—
Major-Dodd came in at the time,-and they consulted
together about it. The Major persuaded the Colonel:
to suffer the man. to lea,e'it, as it rained, and per-
haps the Colonel (night alter his mind. I thought
it too much, and afterwards 5,.2.nt it hack. c,,?.„Tht+
Wardle said, in the presence of Major Dodd, 'that
Mr. Wright would not be so easy in -sendinc7 in
things, only that heknew whb was to pay for them.
There was also an expensive writing-desk, to. which
Colonel Wardle objected ; he said it was nix well
made ; I-did not think so, and said that soonei• than
part with it, I would -pay for it out of my Own
pocket. I kept it accordingly,- and the Colonel wag
afterwards ashamed of himself. Some time after
this, Mr. Wright expressed a wish to me for Some
money on account..l communicated his Wish to

Colonel Wardle. -I had then not a guinei on earth:
Mr. Wright's wish vea4 'that I should •ask
Wardle for sane : 5001. or cool. was ,mentiont!d:
The,Colonel said he 'had it not just immediat,...ly, but
would consult a friend about it.
Lord ELLENBOROUGH how thought that as at)pli;
cations for money had been 'ate to Mrs. Clarke;
she ought to have the Plaintiff's release.
. _

Mr. GARROW—,-" We have • not the leait -obje-
tion.r . •

.
The release was then 'given, and Lord ELLECI3O-
- asked her, now she was put in the new situa-r
tion in which it placed her, whether she had any
part of her evidence to qualify or alter.

- Mrs.' Clarke;—" Not the least."
Mr. Serjeant flEsT=—." .MrS. Clarke is a married
woman,: isinst ben rolease to her husband."
Mr. AI4T6R N E Ir-Gt vERAL-" Then there is no

occasion for a release at all."
Lord ELLENBottouGa—" True; this lady lives'
apart from her husband, and these things can never
be said to be furnished for him." •
Mr. PARK (for the Defendant)—" It does not ap•
pear that they are not so, my Lord."
Mr. ATTORNEY-GENERAL.—" The objeEl of my
Learned Friend on the other side seems to by to put
me to the expence of another stamp ; but, to say c
tune, I will release the husband too."
Ma. GARROW.-"" We'll release every man, m. 0.,
man, and child, except Colonel Wardle." Mr: Gar-
rotv then proceeded in his examination of Mrs.
Clarke, who continued : - •

" It. was some time before Colonel Wardle was
prepared, and he then biought a bill, telling tne had
sent a Gentleman to satisfy Mr. Wright's mind ;hat
he should have a proper bill : he named this Gentle-
man, Col-onel Glennie, of I he. Engineers. • Spine
time after this, the biil was given. • Colonel Wardle
told me he Wbuldspe.ak to a Mr. Illingworth, a wine-
merchant.in Pill-Mall, for at that time, it would be
improper for his name to be seen. He told me that as
the investigation against the Duhe of York u-vas.
shortly .to 'commence, it would be improper that
his name should appear in any. transatlions with me;
The bill was dated on 'the 2'd of January, and Colonel
Wardle's 'motion against the 'Duke was three weeks
afterwards. He said he would send-Mr. Iliingworth
to me : I. was to talk over the bill
,with him, which
I afterwards did. I told him it was to be for two
Months he said he had prevailed upon Colon 4
Wardle to add another month. -When I saw
the 'Colonel afterwards, he confirmed this. To,
• prevent any suspicion, or any thing getting round.
to the public, Mr. Iliingworth was to take a bill of
, Me, ,which 'he told me at the same time was not
worth having. This was a form to keep Col.Wardle's
name out ; and so Mr. Illingworth understood it. I
Was acquainted with Col.Wardle before I knew Ma-
jor Dodd it. was at about'the end of last autumn
that I was firStintroducedlO the Colonel. I first saw
him at my house in. Bedford-place, in consequence of
a letter from a person of the name of Macalitim,
inirdduciog him to me. He Cittne at about. one
o'clock in the afternoon, and lemained till neatly
dinner-time.; six o'clock, and he has Since.told me
Mat Major Dodd was waiting for !Inn all that tint e.
I was rather fearful of doing what he
with a person so little known as Colonel Wardle then
• was; and Major Dodd, whose name I had known
• before,was introduced, to me as the Colonel's friend.
• About the end of November we went on a tour toge-
ther, and were absent•three or four days; Col. Wardle,
Colonel Glennie., Major Dodd, and I. A lad v wa,..go;
ing, with me ;
_but she put me:off, and .1 was pre-
vailed upon to go without her. I 'was at that time
very much distressed for money, and was obliged to
go. Colonel Wardle continued to viii foe after
this very viten. I first heard of his objection to pay.
for goods (tom Mr. Wright, not, above a fortnie,ht
or three weeks ago, much about, the time Parliament
was prorogued. 1 he things were furnished entire-
ly upon Colonel Wardle's credit. 11,,fore I went 00 t
of town, which I did, as I h'ad too many
,frienos
about Me, and the Co!ouel wished to get me out of
the way, I had money from him,
.501. on the very.
I day before, to pay my household bills. My supplies.,
were always from him; be used to lend me 501. at
a time; I did not understand I was ever• to rei-eay
Wm.".
Upon the witness's Cross-examination by Mr. Ser-.
.jeant BEST, she said these things were first sent in in
November, but she did not know whether in the.
early or latter part. She went into the
.house be-
fore it was furnished' at all. There were sonic:
goods sent in on hire. She first knew the De-
fendant before November, because he came to.
Bedford-place, and she did not_ go to Westhottrne-
" place till she bad left Bedford-place. She could
not recolleft bow 'early in. November this ac-
' • quaintance commenced; she went late in November'
fu Westbokirne-platie. -She went immediately there,
from Bedford-place; and in a few days.sct out on her
tour to the MartelloToWers. Major Dodd's letter to
her was dated 21st Nov. which waS•thegreinest vide
toner : it was after this letter' that she went with tha
Defendant to the Plaintiff's .bet before thiS of
the things were sent in, those-on hire. The Defeo-
! dant gave the Plaintiff orders that the witness was tc
' be, futniShed with whatever she chose.' The Defen-
dant once said, " Can't Wt fight assist you ? .1 an, -

retse(l my sel f." He complained of this very likely in
November ; but he always fotind the witness money.
She had not quarrelled with the Defendant. Why he
had not called
,upon her since the investigation, she
did not know. -In answer to a question, whether
• there wasiiot an old gentleman, a Dr. Metcalf, who
wrote the Defendant a threatening letter by jeer dic-
tation, by saying, that if he did not give her 10001.
she would do for hitn, the witness replied;, that
" there was a letter written—"
[Here 'she was stopped from proceeding in her
answer.l
Upon her re-examination by Mr. GAIIROWf she
said that the last lime she called on the Defendant
for money, she had a lady with her in the carriage,
and went to the Defendant's house, telling him
she .wanted money, however small the sum might
he. He said, that as the investigation was so near at
hand and his negotiation with the witness was settled,
and every thing finally concluded, he could not com-
municate with me; but he would send me some
in ney, and nothing was to be said about it. This pre=
caution was taken because the witness. had been asked
in the House Of Commons if she had any expectation
of receiving money from the Defendant. There-did
consequently'come a 501. checque signed byMr.Scott,
an army clothier,'who had assisted in the investiga-
tion. The witness begged to mention one thing
more : " Col. Wardle," she said., " sent me a sub-
poena on Saturday' last by his Attorney, Mr. Cori
field, who told me the Colonel was very desirous of
referring this matter to arbitration. The Attorney
added, that the Colonel was a very honest man,•and
that he, the Attorney, had brought him in for Roe-
hampton.. Theie was nothing Col. Wardle would
not do to compromise the matter : if it were brought
into Court, the Colonel would ruin me completely,
for Mr. Serjeant Best would cross-examine me very
severely, and the Colonel would give it out in the.
country that I. was bribed to give the testimony I
have given. •
Mr. GARROW. " Have you been so ?"
Mrs. CLARKE. " No, ots my oath."
Mr. Daniel Wright said that he was not in parts
nership with his brather, the Plaintiff-. The first
goods that were sent in, were sent on the 10th or
th of. November, such as s•crrants' beds, and
other things, on hire. There were none sent but
on hire till the Defendant came. The. P,laintiff
would not have trusted Mrs. Clarke; she owed.hias
betyween five and. 0001. : The_ witness remembered
the day on which Mrs. Clsrle and the Defend-
ant first came together, by the • accident which
confined his . brother to his beds It was. an the
last day of November, or the first day of De-
cember. The witness .knew the Defendant, by
sight, when he came to his brother's warehouse.
The Defendant assented to the idest that- he; was to
pay for what Mrs. Clarke ordered, and condutted
himself as the paymaster. The winless fully con-,
firmed the testimony of. Mrs. Clarke as toswhar
happened in his presence,. proving .the coming .of
Major Dodd, the disagreement in the choice of
.carpets, Mrs. Clarke's giving tip her .choice` to
the Defendant, as she said he, was to pay for
the carpet. The Defendant afterwards came to
the
.Plaintiff's house in a gig, and said Mrs. Clarke.
had told bins the Plaintiff wanted money, and
asked the witness bow much he wanted ; the wit-
ness answered 5 or noel. upon which 'the Defendant
asked if a bill for that suns would do, The witness
Said " Yes, if it was at a short date, so that it might .
be cashed." The Defendant replied, .`.6 Very well ;
I'll attend to attend to it immediately." The ori-
ginal amount of the articles
.furnished by the Patin-
tiff was 19141: 0-f.which 5001. had been paid on ac-
count, reducing it to 1-4141. whie.h the witness
thought a fair and reasonable demand.
' Upon his cross-eXamination by Mr. PARK, the wit-
ness said the Plaintiff had sent in nearly 2001. worth of
goods upon hire. Thep were afterwards converted in-
to goods sold, and were included in the Defendant's
bill. 'The_witness's attention was called to the charges
in the Plailithrs Bill, 01261, for carpenters' work, 241.
for plaisterers' work, i 01. for painters', and. to a charge
far two and a half chaldron of coals, for all of which,
lie said the 11:iintitY had paid, and for articles like
AVhiCh he bad known the. Plaintiff pay in other
instances. The witness's attention was also di-
reeted to charges in the bill of 141. tas. for a lamp,
531. and 431. for two Grecian sofas, 200 guineas for
chimney-glasses, and 1001, for I hreeNsets of French
drapery winaow-curtains, which he said were fair
charges. He also proved a charge for a payment to the
Westminster Fire Insurance, which he said was not
for the insurauce of the gooo sent on hire. ItTwas
usual, he said, for an upholsterer to furnish brazier's
and tinmen's goods.
Mr. William Grant had seen theariieles, which
the Plaintiff had furnished by the Defendant's order,
and :would have charged the samsi money, fur.thein
himself.

Mr. Serjeant BEST then addressed the Jury for the
Defendant, and argued that the credit was originally
glum to Mrs. Clarke, and that she had shifted it
upon the Defendant. ' Part of the items of the Plain-
tiff's bill were for woii ddne by other tradesmen,
'long before the orders which bad been s(ated to
have been given to the Pkihit4\ by the Defendant,
—The furniture was a, contLnuation of the origi-
zial order to furnish the house, 'under Which
the Plaintiff had Made it ready for the recep-
tion of the furniture," and the Defendant had not
. afterwards made himself respOtlsible for t hist charge;
for the Statute' of Frauds had provided, that every
undertaking of that kind must be „made in writing,
and none such had be& produced. The Learned_
Serjeant discredited the testimony 'of Mrs. Clarke,.
whom; if, according to the Learned Attorney Gene-
ral, the Defendant ought to be the last person to dis-,
believe, the Learned Attorney General ought to he
the last to believe; and considered Mr. Diniel
Wright as, evidently leaning towards his brother's
intereSts.' The Learned Serjeant could not call Ma-
jor Dodd, because he was quite ignorant what story
.Mrs. Clarke would invent, and whom she wouldse-
led for partners in it.

Lord EA.LENBOROUGIi recapitulated and comment-
ed upon the evidence with great clearness and that the present case did not come within
the 'Sta-
tute Of Frauds ; for here, it the two. witnesses were
to be bet eved, the Defendant was the'oniv P'ers•on
whci ordeed the goods: The charges for work ki: filch
Ociendant did not order, and which .was perform-
d betUre his orders .were- issued, the, Defendant

could 'not be liable for. The Noble and Learned
Judge also pointed out the only variation between
the testimony of Mrs. Clarke and Mr. Daniel
Wright, the former of whom stated, that the
-goods sent on -hire- were returned, and the latter,
that they were made goods sold, as the fait was. -
The Jury, after consulting for a considerable time',
found a Verditi for the Plaintiff, damages to the
amount of his bill, deducting the charges for_work
done before the Defendant's orders, and '2OOl. for
the goods sent on hire.

The trial of this cause lasted from three o'clock in
the afternoon till after nine. _

POST-OFFICE.

As a Morning Paper of last week, for reasons,
which are not difficult to be conceived, has thought
proper to adopt Mr. WARDLE'S complaint. agduist
this. great source 'of revenue, and -national utility,
which it is hut just to say, is one of the very best
managed deeartments of the public service, and
whicli has been improved to such an extent, as hardly
to admit of a more correEt and beneficial arrange-
ment, we consider it as our duty to recal the at-
tention of .our readers, to -a brief notice of what
Mr. HusklssoN so clearly and satisfaaorily stated
on the subjeat. The increased expenditure of the
Post-office, is the great cause -of Mr. Waiinee'
censure, and of that in the Mornieg Paper alluded
to, and this increase admits not only of a full justi-
fication, but really demands in' a high degree the
approbation of -the public, for the purposes which
occasioned it, and theadvantages which have resulted
from it.. Mr. Husictlow thus stated 'the stihje6.l,.
which has' been misrepresented by party spirit ' arid
motives of private resentmeot, and 'thus accounted
for the increased expenditure
,:—.-Frorn ananginen-
tation of -the salaries of :the. subordinate officers- of
the establishment;, from the opening new lines of
communication ; from- the accommodation given to
many. places :of a•delivery of :letters daily, instead of
three times, or only twice a •week; • awl from the
very greet:y
_extended eeablishinent. and increased
expence of packets, for the Maintenance of an in-
tercourse with distant countries, and for the encou-
ragement of foreign commerce. We believe no rea-
sellable man will hesitate to admit, that tho,e.causes
are abundantly sufficieut to account for the in-
creased, expenditure: of 2.00,0001. and also that every.
refit • of. the increase of expenditure so incurred is
not only pericaly jestifsable, but highly praise-wor-
thy. As to the .first head, it is to be observed,
that they arc the suborditrate officers, whose salaries
have-been- augmented e and one has only to advert
ever so slightly. to the vast rise which has occurred
during tlitelast- sixteen years in the cost of all the
eoeiforts- and of all the necessaries of life, to be sa-
tisfid, that it was not quite impossible to avoid ang-
reentingthesalaries of the servants of the Post Of-
fice, in some proportion to the increase, which du-
ring tire same period has taken plaCe in the wages
Of every ether description of labour,- In making
this augmentation, indeed, the utmost economy has
been exercised; and the addition has been indivi-
dually small : but every one sees, that a very small
sum, added to the salaries of .so numerous a body,
as the servants at the Post-office• (including every
post-niaster; letter-sorter, and letter-carrier,- &c., in
the kingdom), must in the aggregate amount to a very large total. With - respect to the other heads
which have been mentioned, of increased expendi-
ture in •the Post-office. it is obvious, that they, have
been.incurred for the accommodation of the public ; and that they were called for by the increased com-
merce, population, and
,wealth of the Empire: bus
it must not be omitted, in noticing- the economical
projeets of these enlightened financiers, that these
branches of augmented- expenditure have been ac-
companied byeti augmentation of revenue, to at least
five times their amount, so that upon every shilling
thus laid out, the income of the country has pitied
more than half a crown. , Such is the sort of ex,
travagance with which Mr. WARDLE reproaches the
Government' The last argument upon this sub-
jea of his friend, in the Paper of Saturday to which
we allude, mint be recorded as a specimen 'of hie
candour. " The . opening fresh lines of-communi-
cation," says he, " which is urged in justification of
an.increase of expence, ought to have produ a diminution." Thus %insinuating, and wishing to_
make his readers believe that_these fresh lines of cow:
munication regarded merely the - course 61 convey-
ance between previously existing post towns ;
.whereas he very well knows, that, mentioned as the •
source of new expence, they relate almost exclu-
sively to the intercourse with newly established post
towns. Such, then, is the pitiable •ignorance of
Mr. WARDLE upon -a subjed which lie. brought for-
ward as,a topic.of complaint, but which, in reality,
affords strong grounds for public satisfaction, and
we cannot wish for any thing-that will more tend to
iecrease that satisfadion, than a perseverance on his
side in, the examination of a department which is
coodutied in a manlier so honourable to the 2eal
and ability of those.who preside over it, and which
is attended with such inestimable advantage in pri-
vatelife, as well as benefit to the Nation at large.

Er.orcmEN-r.—The daughter of a late city linen
draper, recently retired from business, on F'riday
morning last,, absented herself from her hotne, in the
vicinity of Clapton. The young Lady went out to
take her usual morning walk previous to Papa coin-
ing down to breakfast; but not returning for a con-
siderable time after the regular breakfast hour, sus-
picion arose, and on inquiry it was soon ascertained
that she-was gone on a matrimonial trip ;it appear-
ed that a city chaise had been seen waiting upwards of an hour, in the ear partof the flumoing, near,the house, in which the Lady accompanied by
her gallant took her flight.. The Gentleman is a
Midshipman, whose friends reside in the, neighbour-
hood, and the Lady, who completed her 21st year 'a
few days.siaae., has a:fortune of 30001. at her Own
disposal.
The Cavalry Cloaks Made. by ,PULSFORD and*
SERJEANT) of King -street, St. James's, for the Grand Expedition, are on a much approved prin,-
ciple, and impenetrable to wet : they are -held in high estimation by the army in:Vortugal,,aniwering
the. purpose occasionally Of bedding ; and as little
or no baggage is to be taken, this if, a moit essential
appointment on the
.present occ-hip, and what
should by no means be omitted..

OLD-. 11,417. U.

MONDAY, gULT 3.

John 'Warren, a black man, was capitally indiaed
for privately stealing in the. dwelling-house of Ber-
nard Hollywood, a watch a number of shirts, and
-various articles of wearing apparel, his property:—
The Prosecutor is a ta;!or living in East Smithfield.
On the evening of the 30th at Mag, the Prisoner
.came to his hon;e and applied fora •lolging, repre-
senting !himself .as sailor just .returned from sea.-
-He accordingly. .provided him with a bed thkit night;
.but upon rising in the Plowing, the Prisoner ba,d-
gone off, taking with, him such things as he could
lay his hands on. In four dayS after he 'met with
him in the street with his:hat on his he.id; and made
an attempt to secure him, ,mhich he effetleil the tor.
lowing week. In the scuffle hoWever, -re kept pos-
session:of the -hat, -a new one; which v-as produced
by the officer; to whom it was given, and identified
bythe.Prosecutor.

The Prisoner denied all knowledge of thb charge,
alleging the Prosecutoi had taken up another black
on the same charge.
• The Prosecutor upon being called up again, denied
this, he himself (the Prisoner) being the person be
alluded .to. •

The Prisoner then called the Captain of the ship
Who brought him home from Surinam,, but who de-
clared lie knew no good of him.
The Jury found him Guilty-

James Marsden ‘itas'capitallyindiCted for stealing
a link of a diamond bandeau, the property of John
Cattery,. value 71. privately in the &A elling-house of
James Thomas. - •

-.The Prosecutor is a diamond-setter, lodging at the
house of James Thomas, Princes-street, Solid. On
the morning of Sunday, the 28th May, the Pri-
soner, whom he knew,
.called on him with another,
and they went out and drank together: About 'eight
o'Clock at night the sane two called on hint A:gain,
but he refused to go out. With.them. ,In about half
an hour after they had gone aWay, he missed A link
of a diamond bandeau, which. he was Makina,.And
which was lying on his
.work-board:. The Jitl.waS
worth 101. He saw it on. the Tuesday following.at
'the pawn-broker's. • •
The'shopman of Mr. Dobree, pawn-broker,Char-
lotte•street, - Raihnone-place, swore, 'that on the
29th of May, in the morning, a female servant, of a
woman of the name of Ber,sford, brought the link
to his master's, and pawned it for 51. The same
night the Prisoner brought the duplicate, and bor'-.
rowed 2l: more; and took .a fresh duplicate in his:
own name', which he gave in as liazlehurst. The
Prisoner was secured a few days after, at NO.B, SO-
folk-street, in company with the woman, Beresford.
The link was not torthcoming, having' been return•--
ed to the lady who owned it, and she was out of
• town. The duplicate was returned in a blank cover,
on the Tuesday.
The Prisoner, in his defence said, the Prosecutor
and he .were in habits,rof intimacy, and- had often
lent him money; and that on the 28th May, hay
ing applied.to the Prosecutor for assistance, he gave
hint the link for the purpose of raising money on
it, under' a promise of returning it on the birth-day.
The Prosecutor upon being called on, utterly denied
this assertion.—Verdia

John Bowles was con victod of stealing, twenty-two
books, otlt of the shop of William George, a•book-
Eeller, living in Brick-lane, Spitaltelds.-
.

Hutton White and James Smith were capitally in-
diaed for burglariously breaking and entering the
dwelling-house of Francis Sitwell, Esq. with intent
to steal.

The Prosecutor resides at No. 12, Durweston
street, Mary-le-bonne.

•
• James Lamb, the' watchman,, stationed- in that
neighbourhood, on'the night • the 17th of May,
stared, that about twenty minutes .;ifter two in -the
morning of the 18th; he heard a noise like a crash
at Mr. Sitwell's. door, and, upon going to see what
was the matter, he. saw the prisoner, White com-
ing from it. He' challenged him, in order to see
what he was about, and the Prisoner ran off 24
soon as he had spoken. He immediately pursued
him through several streets, • and he was at last
stopped by a watchman, who intercepted him in
his flight, in George's-street. He never lost sight
of him during his flight, except while hesurned
the corner of the streets ; nor did he see any other
person during the pursuit. While the Prisoner was
running, the witness-,heard something drop from
him, and, after he had_ brought him back, he re-'
turned along the line he had before gone, and found
a knife near the spot, with the name of Whiteout in
the handle; and near that, he picked up a dark
lantern, with a bit of wax candle in it. The man he
pursued- had then on a long loclse coat, hke a coach-
man's, and he had 'no doubt whatever of his beitig
the Prisoner at the bar. He was confirmed in his
testimony by the watchman 'WhQ stopped White.
The -other Prisoner was likewise pursued by
Peter Flanagan,. a watchman, who, upon the first
alarm behig given by Lamb springing his rattle,
and crying, "stop, thief!" ran towards Mr. Sit-
well's, and seeing a man running, attempted to
stop him. The Prisoner (Smith) turned, and'
threatened, if he followed him further he wod:d
blow his brains out. • He, however, still nursuQd
hiM in:o Portman-square, where. he also was stop.
ped by a watchman, and se:Aired, While Flanagan,
was in pursuit, he heard a noise, as 'of irun, fail i•
and, upon searching near the spot atterWards, he
found an iron crow, and two skeleton keys,
James Wall, who had been at the time servant
to Mr. Sitwell, stated, that on the night of the 17th
of May, he secured the street-door at Clever o'clock, by locking it, putting on the chain, and bolting it
above and below. About two in the morning, he a as-
awakened. by a noise, and upon getting up, lie bound
the street-door open. There was a hole in the door,
made with a • centre-bit, large enough to admit- a
man's arm. The door appeared to have ken .by
that way unlocked, the chain taken -off, and the
lower bolt, loosed. 'The upper bolt was toiced by an
iron crow.
Thomas Foy, an Officer of Marlborough-street
OffiCe, next d.ty fitted the crow to the marks
door, u hath were bound to col respond. - -
The Jury found both the Pi' sowers ,

SHIP NEWS',

G:IAVESFNLI, JULY 2.

Arrived—the.Hamiiton. Moore, Birk with, from Boston ;
Jane, Coley, from Norfolk ; F.igicat, ‘yeasoD front New_
York ;- Sarah,- Muttay, hoot Rio lakeito ; and' Margaretra
Berthier, leriz, from Malaga. •
• Sailed—the Good /ntent,.l.ainhert, for Berbice ; Fbe.
'nezer, Alen, for Newtoundi Ind ; Alexander, Sands, Love-
ly Ann, Webster, Ftv, Steigtholm, and the Thistle, Mar.
shall, for Heligoland.