Star.
London, England, 1809-07-04 00:00:00

,LAW INTELLIGENCL

eaVRT OF KING'S BENCH, JULY 9.
The &Dewing case, In which Mrs. CLARKE made
a prominent fignm as a witness against Mr. WARDLE
excited an extraordinary degree of interest. West,
minster-hall was crowded. before seven o'clock in the
morning, and before the Court was publicly open
every part of it was filled : there were several Ladies
iq Court.

WRIGHT so, WARDLE, ESQ.
This was an action to recover the amowat of goods

sold and delivered.
Mr, ATTORNEY-GENERAL stated, that the Plaintiff
was an upholsterer, and the Defendant was a man of
large fortune, and a Member of Parliament. In the
latter end of the year 1808, Colonel Wardle became I
acquainted with Mrs. Clarke, of great celebrity ;
they, accompanied by Major Dodd, took an excnr-
sion to the country, to reconnoitre The Martello
Towers upon the coast, although the Colonel was a
married man. Mrs. Clarke, before she went on the
tour, took a house in Westbourne-place ; .the greatest
intimacy subsisted between the fair lady and die
gal-
lant Colonel. On her return to town she applied to
the Plaintiff to furnish her house, which he refused,
. having once obliged her in the same way ; and a 'ba-
lance of 6001. remaining due to him, he did not wish
to increase it. She told him she did not want credit,
as she had a friend, a Gentleman, who would pay
for them. At thiS time Mrs. Clarke's intimacy had
only commenced with -the Defendant. She did not
mention his name at this interview, .but at a subse-
quent one she informed him it was. Colonel Wardle.
The Defendant came with Mrs. Clarke to the Plain-
tiff's warehouse, but did not see the Plaintiff, he be-
ing confined
.to his bed by an accident. They, how-
ever, saw the Plaintiff's brother. Mrs. Clarke intro.
duced Colonel Wardle as the Gentleman who was to
furnish her house for her. This' she said in his pre-
sence, and he assented to it. He had Mrs. Clarke to
prove this fact, and the Plaintiff's brother to corro-
borate her testimony. The Defendant cannot say he
did not hear this introduction, and if he did not ob-
ject to it he gave his assent, and immediately this
assent was followed up by action • for, on seeing a
sideboard, he said it was very handsome, and much
more so than the one that had been sent to Mrs. Clarke's
house. He accordingly ordered it to be sent to her,
and the other to be taken away. He afterwards or-
dered a set of diuing tables, and treated in person, as
the party that was to pay for them. • The patterns of
the carpets were not thought handsome enough by
the defendant ; he ordered that there should be a
fresh assortment, of a more fashionable texture, and
stated, that he and Mrs. Clarke would c•me on the
following day to see them. They called, the next
day, accompanied by Maki'. Dodd, and if the Learn-
ed Counsel on the opposite side doubted Mrs. Clarke's
evidence, they could call on Major Dodd. .Colonel
Wardle and Mrs. Clarke differed, in opinion about
the colours of tl-e carpets. She wanted a pale blue
ground with a white figure, and he insisted on scar,
let and bronze. After some argument, she said—
Well, Colonel, you shall have your own way, as
you are to pay for them." He, the Attorney Gene-
ral, knew there had been some bold language used
out of Court, that it was a trick to saddle the debt on
Colonel Wardle ; but, in his epinion, it had been
more like a trick of the defendant's to get the fur,
niture, and avoid the payment of it. Clarke
was the Colonel's best friend. The Plaintiff would
have deserved to have had a Commission of Lu-
nacy taken out against him, if he had trusted
Mrs. Clarke. It was in the natural course of
things that the Defendant ought to pay for them,
—The Colonel came a third time in his gig, when
there was a conversation about the payment ; plain-
tiff's brother said—‘, these are very hard times, this
is a large order you have given, it will amount to
12 or 15001. you would oblige my brother much,
if you could adiance him a little money." The de-
fendant asked what sum would do, and was informed
5!. or 6001. He answered, he had not much spare
cash, but would not a hill ans.ver He was. told it
would. He then said, there would be an awkward-
ness in putting his name to a bill; hut he would get
a friend to man:ge it. He would leave it to his
Learned Friends to e•;plain how the bill was ma-
naged, and how the objection was got rid of ; the
bill was given for £5OO and paid. Alter this hand-
some, gentlemanly and soldierly conduct of Colonel
Wardle, the Plaintiff as handsomely and speedily
sent in the furniture. The Defendant gratified
himself daily wan viewing and admiring this fur-
niture, in every part of Mrs. Clarke's house, lolling
1)11 the settees, .admiring his martial air in the mir-
rors, and studying his senatorial speeches and atti-
tudes on the scarlet and bronze carpets. However,
when the bill was tendered, it acted like an electri-
fying machine on Irm ; perhaps he had got tired of
Mrs. Clarke, or his blood had cooled, or his passion
had abated. Some men are apt to forget the things
that pass only the day before ; so perhaps the Colonel
was more excusable in forgetting what had passed a
few months before. They were before the public, to
try if Colonel Wardle had furnished Mrs. Clarke's
house • he would prove it by the Lady herself, who
had been a good friend to the Colonel, and her testi-
mony should be corroborated by another. He would
bestow a few words of conjecture on what might be
the Defendant's defence. He knew the Colonel was
a bold man, and would stand on its merits. Would
he say he never ordered the furniture ? What would
he say of his friend Mrs. Clarke ? Will he insist, be-
cnuse she has sworn to a fact corroborated by another,
that her mere swearing should make it untrue 4
Why should she try to throw discredit on him, when
he had gone to so much pains to gain her credit ? She
will positively swear he was the person answerable,
and that he ordered the goods. Can he say she is not
to be credited on oath ? It will come but with a bad
grace from him, particularly when she is corroborated
by the plaintiff's brother. He could produce Major
Dodd, if he wished ; and if he did, he would make
the Major corroborate Mrs. Clarke's evidence ; and it
he did not produce him, the act of keeping his evi-
dence back would be a sufficient corroboration
Under those circumstances, he left his client's case in
the hands of the Jury, and he had no doubt on his
mind, when they heard the evidence, but they would
give a verdict for the plaintiff. He then proceeded
to call his witnesses.
• Mrs. CLARKE was then called.
Mr. Serjeant BET, for the Defendant, submitted
that she could not be a witness without a release, be-

tame she was coming, by charging the Defendani,
to discharge herself , '
Mr. GARRQW, for the Plaintiff, said that they had
stated her to be the mere agent of the Defendant, and
that there could be no pretence for charging her.
Mr. Se 'east BEST replied, that the question was,
whether Mrs. Clarke was the original contractor of
this debt ? The goods can into the possession of
Mrs. Clarke; and prima facie the person who bad the
benefit of the goods was liable for their payment.
Lord Em„stisonoupit held for the present, that the
very purpose for which the Plaintiff proposed to ex-
amine her, was to show that she was not originalis,
liable, and that was of itself a release ; for, by her
evidence, he proposed to shew that she was not ria.
ble.—She was therefore examined by Mr. GARROII.
Mrs. Clarke said--,4 I was absent from Loudon
in the coorse,of the last year, for some tame previous
to November, but not on a tour. When I came to
town I had taken a house in Westbourne Place. I

had taken it from last September, but I did not have
it until the 9th or 10th of November—l vas obliged
to take it from September ; but I d;.! rt,t eater
until the 9th of November—a negoei.ition was going
forward about that time for the lease, After th;

house was, taken in Westbotirne Place, I comnit:
nicated to tOlonel.Wardle that I had taken a house.
It was . unfurnished. I had several conversations
with Colonel Wardle about the furnishing it before I
applied to Mr. Wright in November ; but when the
house was.taken, Mr. Wright sent a few things in
on hire. .1 was at that time indebted to Mr. \\ right
in some hundreds, on
some former accounts, anti tlien
1

he sent in some things on hire. I was indebted to hint
50r6001. Asl was so much indebted to him, I certainly
did not propose to him to furnish my house on my own
credit. I did apply to hint for credit on my own ac-
count for a sum beyond 5001. or 6001. blithe refused,
and he proposed to send ha st few things for hire. I
told him 1 had a friend, who, I believed, would
furnish it. I stated that to Mr, Wright f t c.ose.
quence of a conversation which I had with Colonel
Wardle ; but q Inn I said I had 4 friend in view, I
did not mention his name at that interview, The
friend I had in view at that time was Mr. Wardle ;
and that was in consequence of a conversation I had
with him, and promises he was holding out to me,—
The promises and conditions were, that he was 'to as,
sist me on condition that 1 was to give him every in-
formation in my power, and to assist in the investi!
gation ; in return for which, he was to furnish the
house as a part, as a requital to me for giving him
assistance. Almost immediately atter I had thus
communicated to Mr. Wright, I communicated to
Colonel Wardle that I hail done so, for I saw Wirt
very frequently at that time, every day. When
communicated this to Colonel Wardle, he told me,
that he approved of h. I had at that time opt the
least means of providing for the expence of supply!
in the furniture. I was very distiessed at that time,
and Colonel Wardle knew it. He knew other things
in which I was indebted to Mr. Wright, bemuse he
desired him to bring an action against the person
whom he conceived ought to hate paid that bill ; its,
deed, he promised to Mr. Wright, if he lost the cause
that he would pay the costs of it. IYlt. Wright, as
a tradesman, was afraid; and with this full know-
ledge of these things, he accompanied me to Mr
Wright's, to talk to Mr. Wright; he was ill, and
could not see Colonel Wardle ; but he came TA say
that he was the person who was responsible., Mr.
Wright was confined to his roam at that time by an
accident. I went bp to his bed-side with his wile.
In consequence of the indisposition of Mr. Wright.
it was impossible for him to attend in the warehouse
but his brother, Mr. Daniel Wright, attended. I
said to him of Colonel Wardle, that was the gentle.
man who was to furnish my house. I mer.ooned
that in the hearing of Colonel Wardle,
Lord ELLENISbnOtAill.—Did you pse the expression
—that "he was to furnish my house ?"—A. lies, that
was the expression.
Q. Did Colonel Wardle assent or dissent from that expreeskai ?
—A. He was silett ; for that was the express purpose for whieh
he went. We then proceeded to look over furniture in the want
house; but Mrs. Wright knowing what We came upon, fetched
me out to introduce me to her husband, and I went up with her
to him, and was with hint very near half an hour, and then re,
turned, when Colonel Wardle was with Daniel Wright, chusing
seine of the things whiqh he had seen r ady. Colonel Wardle had
seen the things which Mr. Wright had sent on hire ; for he latest
exactly the state of my house, and on his 4rst visit to the wares
house of Mr. Wright, Colonel Wardle made observations on
things which he saw superior to those things he saw ;g my house,
and gave directions for other things to be sent instead of theta.--
When I came back to Daniel Wright and Colonel Waidle, they
were talking about the sideboard. Colonel Wardle said of the
sideboard he saw in the warehouse, he thought it a handsome one,
and that was to come to my home with other *things. He had
been looking at them—he had settled about it—there was very
, little for me to say. ColonelWardle went with me a great many
times in a hackney-coach to the house of Mr. Wright withoat
going in ; but I am certain of his going there once or twice ; ou
the two instances of his going with me, and the object of our p-
ing, was to look at articles of furniture. I remember a particu-
lar observation made with respect to a carpet. I had seetipatterns
of a carpet, which had been sent into my house in Westbourn-
place fOr me to look at, and which 1 had approved cf, and Colonel
Wardle found a great deal of fault with it ; and he went with nik
to Mr. Wright's to see other patterns of carpets, for me to make
a better selection. Major Dodd was with hint; ;hat was the first
time I saw them together. They wished nit to have ,ear.'t and
tecasie, to which I objected, thinking that only fit for a parlour.
but not for a drawing-room ; but it was an expensive pattern ;
and Major Dodd I recollect saying that the pattern was very
Turkish; he thought it would suit me, and that wakthe very thing
I objected to.
Q. You did not think 'airy. thing Turkish world suit you ?--
A. Not in carpets. But I said I did hot care much about it, s;
it wai a good carpet, and tilt.? were to pay for it; that is, Cols-
nel Wardle was to pay for it; and they should have their choice;
but neither Colonel Wardle or Major Dodd expressed the least
astonishment in the world at this. Then I proceeded to the
lection of several things, and several things were ordered by Cc,.
Wardle, in the presence of Major Dc.id, and I made not the leas
objection to his giving orders, and the things were finally sera to
my house. I believe it took two or three months to complete the
order. They began to send at the end of last November; but I
am not quite sure of that, but it may be in December and Janu
ary before the delivery of the articles was completed. The things
sent on hire were sent back again. Colonel Wardle saw all the
things that were seat into my house. He went over every par;
of my house, from the kitchen to the garret. She then gave al
account of some things coming into her house, and Col. Wardle
objecting to them, observing that they would not be so ready to
Wing them if site had to pay for them; and of his being in a
passion at the man for bringing a mirror into a room wherein it
was nut wasted, and where there was an hand-orne chandelier in
the middle; of the man who brought it being tiighteued so th^l
he had almost let it fall from his hands, and of his being obliieti
to take it back again.—She then. proceeded to state that after thi'
business had been going on some time, Mr. Wright cap". axed
wish for some money upon account.—" He communicated tl.lt
to me?" she said—" I communicated it to Colonel Wardle.-1 lot
not then a guinea on earth."
• Lord Far LENBOROUGII,—Did Mr. Wright ask you
for money ?—A. No ; he asked me to beg of Ms
Wardle to let him have some money, and I comm..