Star.
London, England, 1809-11-24 00:00:00

CHELTENHAM, NOVEMBER 23.

Our Second Winter B:dl, on Thursday, was most
genteelly and nume-ously attended by all the fashion
and elegance of the place. About 20 couple d.ince.:.
The Card Assembly, on Monday night, w.is
supported. Seven Card-tables were occupied,
the promenading parties were numerous.

General Baron F. HOMPESCH returned here a ft..;
days ago from a shooting excursion near Swafflnn ,
Norfolk. The Baron and another gentleman, in .1a
days, killed 149 brace of game,

Arrivals during the Week—Sir Robert Waller, Rear-Admiral
Sawyer, Mr. and Mrs. Thomas Twining, Mr. Turville and family,
Mr. Roberts and family, Mr. and Mrs. Bingham, Mr. and
Wyse, Mr. Charles Satterthwaite, Mr. Aberdein, Mr. AU:A:,
Mr. James Christie, Mr. Walpole, &c. &c.

Saturday se'nnight, a desperate attempt was made
to break into Carlisle gaol, for the purpose of libf,--
ating Stokes, the robber of the Whitehaven
from prison. This fellow, who has committed inol-4
depredations upon society than almost any other of.
fender in the kingdom, was, some time ago, tl.rciigit
the humane interference of Dr. Blamire, removed
from the condemned cell, to a room at the other eni
of the prison, in consequence of his having lust tl.e
use of his limbs. Acquainted with this circumstance,
the villains, to effect their design, had succeeded is
'perforating the wall about a foot square, immediately
opposite the bed Stokes slept in, which was on the
ground floor. In a few minutes he would certainly
have escaped, had they not been alarmed by a chaise
driving up to the gaol door about half-past five o'clock
in the morning. Stokes is said to be extremely
and was the leader of a gang, who, it is supposed,
have committed depredations in this country to the
amount of upwards of 4100,000. This Stokes, along
with Edwards, one of his associates in the robbery,
are sentenced to be executed at Carlisle on the 28tit
instant.

LONGEVITY.-.-SARAH WILLIAMS, in her 108th year,
is now living in a small, but neat and comfortable
little cottage, at the foot of that celebrated eminence,
called Brent Torr, situated about half way between
Tavistock and Lidford. Within these few years she
has cut five teeth, three of which still remain, toge-
ther with ten or twelve old ones. Her diet consists
principally of broths, and other nourishing things.
She has had twelve children, the elder of whom, now
living, is in his 82d year, and is a strong, hale-looking
old man. She is attended by a daughter, who is up-
wards of 60 years of age.

A man named Hugh Johnson, at present residing in
Comber, county of Down, has now living 21 sons and
six daughters; 22 of these are the children of one
wife.

CORN-MARKET, MARK-LANE, NOVEMBER 24.—The
supplies of Wheat this day are again rather consider-
able, mostly second and inferior, and this trade is
named at little variation—Malt and White Peas like-
wise—ordinary Barley rather cheaper—very few Grey
Peas, and those dearer—new Tick Beans 86s. to 42..
—Old as per currency—Rape Seed at less—there are
considerable supplies of Oats, and inferior sample
are rather lower—Flour at ourlast prices quoted.

GENSILAL CUltailiCT AS ONDTLS
Wheat, B's. 929. 105 s. Beans, 621. 675.
Fine ditto, 110 s. 114 s. Tick ditto, 50s. 56..
Rye, 50s. 555. Oats, 265. :?Os. 345.
Barley, 48s. 545. Od. Poland ditto, 375. 405.0 d.
Malt, 765. 84s. Potatee ditto, Os. 411.0 d,
White Peas (Boilers) 751. 851. Rape Seed, 481. 521.
Grey ditto, Hs. 60s.
Flue Flour, 941. Oft lismis sift 906,

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LAW IRTELLIGENE.

COURT OF KING'S BENCH, NOV. 201

WRIGHT V. VCARDLE) ESQ.
This rule being called on, Lord EtlExsonotinsi
.-ead his notes upon the trial* of the action ; and after.

The ATTORNEY-GENERAL, rose to shew cause against
the rule ; and spoke nearly as follows Unless,
Lnrdi Colonel Wardle can prevail with himself
.0 think that justice will be adthinistered to him by
dijerent rules from those which ordinarily govern this
Crert, I see no hopes of his success in his present
application ; and I am sure his Counsel, having con-
g,ientially seen the affidavits which I have in my pos-
gssion, can have given him no hope of it. The
Court ought to be apprised of certain facts which they
do not know, and which Colonel Wardle ought to
have made known to them ; they place the Colonel
to a very awkward situation. He has preferred an
indictment, found at Hicks's Hall, and removed
hereby certiorari, against the witnesses, in the present
action, for conspiring together to get a verdict against
him. The removal of this indictment here, enables
me to see on whose testimony it is found ; and I dis-
c:Ter that it is on that of the very same persons, who
h:ve stated the facts upon which the application for
the present new trial is founded. I would ask the
Cant then, if they will now entertain this Irking-bill
against parties, whom the Defendant dare not indict
icr perjury ? I hope Colonel Wardle is not now out
c- Court, and that this will not be always his excuse."
Lord ELLENBOROUGII—" I hope it is understood
that the Court, in granting the present rule Nisi, had
no idea cf so granting it, upon the ground of any
treachery in tie Cdunsel to whom he confided his

cause•"
The ATTORNEY GENERAL—" Certainly not, my
terd nor do I take it so ; for more honourable
rn:o never practised at the bar. The Defendant's
ph is that his Attorney has not done his duty ; and
that in consequence of this, he has changed his At-
torney. This is a mere trick to induce the Court to
believe this eirclimstance,_ without the Defendant's

daring to swear to any positive misconduct. Colonel
Vardle complains of perjury, but he has not the har-
dhood to indict for it ; and has the folly to suppose,
that if he institutes a prosecution, in which the per-
sons against whom he complains cannot be witnesses,
he shall go over the course alone. Was there ever
my thing so impudent as this ? But your Lordships
shall see more of little cunning and contrivance than
you may at present suspect. Mrs. Wright, the wife
tithe Plaintiff, knows a great deal about this matter;
end Colonel Wardle was advised that if he could in-
noire the Plaintiff himself in his indictment, his wife
rould b .trectually prevented from giving any tes-
tmonv upon the subject. This indictment is hereaf
tr to be tried, and Colonel Wardle was consequently
usitons of knowing what more was to come out
grainst him t lie now, therefore, prepares to draw out
tatever else of strength the Defendants in this in-
Cament have, in order that he may know exactly
low to meet it. I hope the Colonel is now within
hearing, as he complained of not being so before ;
bit if he be even in the Hall (said the Attorney Ge-
neral, raising his voice), I will make him hear, that
tie present motion is brought forward with a view of
irforming Colonel Wardle how far he may go in his
testimony in the coming indictment. We felt, my
L'rd, the peril of this proceeding ; and perhaps never
vereany persons, answering a criminal charge, placed
in such a situation before. We told the Plaintiff,
eat if your Lordship knew this, you would not grant
the rule ; and I could not help admiring the frank-
ness of his answer: Sir,' said he, when you had
tl'e conduct of this cause at the trial, its effect depen-
del upon the credit of the witnesses ; but the present
slswing cause depends upon my own testimony, and
no danger in the world shall prevent my suiting the
vhole of what I know t I am happy, indeed, to have
the opportunity to do to.' Therefore, my Lord,
though I could shew effectual cause without, yet I
hare the Plaintiff's affidavits, which, if it is necessary,
lam ready to produce to your Lordship. .
" Another reason, which I trust will prevent your
Lordship from granting this rule, is the letter, which
Cohnel Wardle thought fit to write a day or two
after the trial 44 to the people of the United Kingdom
of Great Britain," forsooth. Id aired pellUbll
[The Attorney-General here read this letter, which
has appeared in all the newspapers.] Then, my
Lord, it appears by this letter that Colonel Wardle
kr.cw all that had been sworn against him, add-be
Ls the people of the United Kingdom that he re-
peatedly intreated my learned friends to call those
!vitnesses, whose affidavits are the ground of the pre-
sent application. What then becomes of this snivel-
excuse, that he had not an opportunity of corn.
n;micating with his Connsel ? that he was taken by
surprise ? He does not tell the people of the United
l'r.gdom this : he tells them he expected that would
be proved which was proved, and had therefore sub-
wand these witnesses, whom his Counsel refused to
.all, But his three Learned Counsel told him that
11%. Clarke and Daniel Wright, not being contra-
ictcd at the trial, not having their characters im-
reached there, would not be believed upon their oaths,
that there was no necessity to call any or either
the defendant's witnesses ! I must do justice to my
I:..,rned friends : while Mr. Serjeant BEST was ad-
Qessing the Jury at the trial, Mr. PARK whispered to
P-e that he had been placed in a very awkward situ-
-.a, having received' a note from Colonel Wardle,
mg it to his Counsel's direction to call his wit-
or not, which note it was now too late to corn-
n.,,:cate to the Learned Serjeant ; and yet, now it is
J, that the d:fendant gave his Counsel• an absolute
ci:rioion to call his witnesses ! When these facts,
kr,t)v.n as they were tp Colonel Wardle when be
male his application to the Court, are mentioned to
your Lordships, will yon grant the new trial which is
now sought for ? lam confident in my own mind
;hat your Lordships will not.
" And now, my Lord, I will make a few compa-
• vats buween what Colonel Wardle says when he is
r;ot on oath, and what he says when he is ; between
, :etter to the people of the United Kingdom and
•.:- affidavit. His letter says, that his Counsel did
:‘,t comply with his earnest request to call his wit-
ocsses ; and the present application is made upon the
ground of the plaintiff's case taking him by surprise.
When I read his letter to the people of the United
Kingdom, I therefore expected to find is his affidavit
copies of all the notes be sent in to his Counsel; but

. , . . . . . . . .
there is not a single intimation in the whole affi- No such peremptory instructions were give* tO me ration of the plaintiff, that he was to furnish these ar=
davit that he sent them in; certainly not any wri- as Colonel Wardle's letter •stated ; but that was 'ex- ticks on or before the 9th of November before Mrs.
ting, nor, I think, any direction. And, if we plained by his-affidavit. He was not in Court, and Clarke knew Colonel Wardle." Mr. Parke then ob- .
Confine ourselves to his affidavit, it runs :—that whether he gave such instructions, I know not. If served that, with regard to the surprise upon Colonel
he was not in Court (but his Attorney was) and had they had reached me; I should in all events, let the Warble, as far as his Counsel were concerned, he felt
not therefore the opportunity of consulting his Coun- consequences have been what they might, have called himself called upon to state the transaction precisely
eel personally. No !—but he kept up a constant Major Dodd; but conceivipg it was entirely left to as it happened, that no mistake on the subject might
correspondence with them ; and says, in his letter to my discretion, I certainly would not place Major rest in tne minds of the public. Most certainly he
the people of the United Kingdom, that he knew Dodd —" , had never got positive directions from Colonel War-
what was going forward in Court. He industriously Lord ELLksioßnixft.-..g That may be a very dle to call witnesses. His Learned Friend, the At-
says in his affidavit, that the witnesses who were exa- good reason of Prudence ; but it is no b ^round for a torney-General had, when Mr. Serjeant Best was ad-
mined were subpoenaed by the plaintiff; and it is new trial." , dressing the Jury, asked him (Mr. Parke) whether
only by the accident of his having let the fact slip Mr. Serjeant BEST" I submit to your Lordship, they intended to call any witnesses. It was then that,
into this letter of his illti the people of the United that on the trial the Court and Jury were not put in in answer to this question, he stated to the Attorneye
Kingdom, that the fact of Colonel Wardle himself complete possession of the case; and that itwas impos- General that he had got a note, leaving it to his ells-
having subpoenaed these very witnesses at the trial, sible that we could have got at the filets of which we cretion what to do, and that he was at a loss how to
came out ; and this chews that the Colonel knew that are now in possession earlier than we did. It act, as Mr. Serjeant Best was speaking. But this
the transactions with Illingworth and Glennie were .. will be a very awkward circumstance if the parties was not the ground upon which he rested for a new i
to be brought forward ; and therefore he had sub- who are A present indicted for the conspiracy should trial. The grounds were, first, the facts that had
pliznaed both. these persons, besides Mrs. Clarke and come to suffer judgment with the fruits of that con- been discovered, arising out of the testimony given
Major Dodd, to give their account of these transac- spiracy in their pockets. It will be taken into cunsi- by the plaintiff's witnesses, to which, of course, the
tions. I appeal to your Lordship's recollection—to deration too by the Court, that the Jury were hours attention of Colonel Wardle could not have been pre.
the recollection of the Counsel, and of every one of in deliberation. on the present cause ; and that with viously directed ; and secondly, the answer which
those people of the United Kingdom who were in respect to the testimony of one of the witnesses, after had been put in to a bill filed in Chancery, by which
Court at the trial, and of whom t' here are so many in what has passed in another place, no credit can ;it appeared that there was no account with Colonel
Court to-day, whether I did not—not once, not twice, possibly be given to her. It was carefully proved !Wardle stated in the plaintiff's books.
but over and over again, till I told my Learned on the trial, by • Mrs. Clarke in particular, that no I Lord ELLENBOROUGII—" But, if you thought it
Friend near me (Mr. Darrow) I felt I should fatigue credit was ever given to her ; because it was : necessary to wring the conscience of the plaintiff by
your Lordship with the repetition—state that my facts very well known, that if credit was for an in-'. an answer in Chancery, you might have moved to
were to be proved by three witnesses ; but that I scant given to the party for whom goods were : put off the trial till that answer had been obtained."
should not myself call the third of them, Major Dodd, i furnished, it had been decided by your Lordship that ,‘ Mr. PA tticE, leaving that point, next adverted to the
because he was the intimate friend of the defendant ; ; any promise of payment by any body else must be ! testimony of Daniel Wright, who had said, that the
but if Dodd was called by the defendant, I pledged lin writing. Mrs. Clarke knew this, and therefore en- ! Plaintiff would not have trusted Mrs. Clarke with a
myself to extract' a corroboration of my witnesses' • deivoured to make out that her acquaintance with i farthing, in which he wes corroborated by Mrs.
testimony from him ; and if he were not, I said that Colonel Wardle began before any order which had ! Clarke. Yet they could now produce forty or fifty
that very circumstance would be that corroborative , been given to the plaintiff ; but upon her cross-exa-1 hail pieces, in which the Plaintiff had become bail for
testimony. At all events, therefore, I had a third I mination, I extracted from her first, that her acquain- ; Mrs. Clarke.
witness to support my case; and I courted the other tance with Colonel Wardle began in the autumn, ! Lord. EI.I.TNBOROUOII-46 Yes ; but the Plaintiff
side to call Major Dodd, and stated that no incident which she said she considered to be September or Oc- I knew that he was perfectly safe in doing that, as Mrs.,
in the cause could gratify me more than such a mea- tober, and afterwards, that it did not commence till Clarke had before pleaded her coverture, and with
sure. the 16th of November." I success."
" Although Colonel Wardle has reserved to him- " Lord ELLENBOROUGII. —44 That went to the ! Mr. PARKE, in continuation, remarked, that he
self the privilege of swearing that since the trial he Jury, as a contradiction in her testimony, and their rather imagined his Lordship was giving more cre
has changed his attorney, substituting Mr. Ellis for verdict was pronounced, taking that into considera- dit to the Plaintiff for his knowledge of law than he
Mr. Corfield, yet he does not pretend that that was tion," I deserved.
in consequence of any negligence in Mr. Corfield ; Mr. Serjeant BF.ST.-44 A great part of the plain- Lord ELLENBOROUGII-6! Tradesmen generally are
neither does he say that Mr. Corfield was guilty of tiff's goods was sent into Mrs. Clarke before her ac- sufficiently acute and well advised on those points in
any infidelity in his representations of Colonel War- quaintance with Colonel Wardle ; and this was got which they are peculiarly interested."
die's wishes to his counsel. There is, therefore, only over by saying they were sent on hire. Here Mrs. Mr. PARKE allowed that the coverture would clear
the dry fact of his having changed his attorney, which, Clarke and Daniel Wright contradict each other, the Mrs. Clarke's bail ; but there was another fact to 'be
by the bye, is a very convenient shifting of the scenes, former swearing that they were returned, the latter considered, viz. that, as appeared from the affidavit of
since it would have pressed too hard upon Mr. Cor- that they went in part of the order. Ido not bring Curt, the Plaintiff had given his own draft or check
field to have heard me say, sitting under me where all these circumstances forward as the ground for a for £lO6 to Curt, for the grates and fixtures of the
Mr. Ellis does now, that if what Colonel Wardle says new trial, but as corroborative of those circumstances house at Westbourne-place ; a fact which would be
is true, he has been guilty of gross neglect. But I I upon which Ido ask for a new trial. I have since proved likewise from the banker's books, if a new
am consuming your Lordship's time in saying that procured the affidavits of Curt, and a woman of the trial should be granted ; so that here there was not
Colonel Wardle knew every thing that was intended 1 name of Mumford, servant to Simeon Bull, and a only parole testimony but written evidence, which
to be proved against him at the trial, and that no positive affidavit of Sir Richard Phillips, all of which could not be mistaken.
•
surprise"— for the present I must take to be uncontradicted. If Lord ELLENBOR6UGH." This might have con-
Lord ELLENBOKOUGII44 What fact of surprise is your Lordships feel that it will advance the ends of 1 stituted part of the 4.500 admitted to be due from
relied upon to-day ?" justice to do so, you will grant me a new trial ;if that 1 Mrs. Clarke to Wrieht. But what is this Curt ?
The ATTOINEY-GENERAL-4' I will tell your Lord- verdict, upon which a jury paused hours before they Mr. PARKE.—" The landlord of the house at
ship. The defendant's affidavit states, that I never 1 gave it_____" Westbourne-place, my Lord." .
having contracted any debt with the plaintiff, the evi- Lord Eeeeseonoucts....." I beg that may not be Lord ELLKNISOROLGR.—" Was it not the most na. •
deuce adduced upon the trial of this cause took the understood ; it would be a most dangerous doctrine. tural thing in the world for you to have applied to
deponent completely by surprize.' He swears this. —lt might be for the particular advance of justice, hiM previous to the trial, and to ascertain what he .
My Lord, I beg to suppose your Lordship was try- but certainly it would not for the general. It is not knew of this transaction ?"
ing the defendant for wilful and corrupt perjury, and because evidence which is unimpeached at the trial is Mr. PARKE expressed his hope that the Court would
that this was the perjury, that the evidence in this afterwards contradicted, that the Court grant new not think him vexatiously persevering upon this case.
cause had taken the defendant completely by surprise. trials." It was his duty to state the facts which had been die.-
Consider this, my Lord, and then figure to youriell Mr. Serjeant Base--" But in suspicious cases, where covered subsequent, to the trial. They had certainly
that in order to prove that assertion false, I had read the evidence is afterwards clearly sliewn to be false, a disclosed new facts in contradiction to the testimony
nothing more than this letter to the people of the Inew trial may be granted ; and we rely upon whet given by the plaintiff's witnesses ; facts which they
United Kingdom, stating, that the defendant had sub- Sir Richard Phillips t 2 t could not have well anticipated, .as they arose out of
pcenaed all these witnesses to meet a case which took i Lord ELLENKOROLIGET." Certainly not. It would the evidence for the plaintiff ; and they had, besides
him by surprise. Could your Lordship have apy then give you an opportunity of stringing a whole this parole evidence, discovered some written testi-
doubt that he had sworn falsely ? bead roll of witnesses together, procured since the mony, which carried great weight with it. He, there-
" The Defendant was not in Court ! No ; he was trial, to answer each his own particular branch of the fore, submitted that a new trial ought to be allowed.
in the Hall, walking up and down with his witnesses. plaintiff's case. If the affidavits of Mumford and Bull Mr. Meneyaer, on the same side, began by ad-
He had not an opportunity of consulting personally j are material falsifiers of the plaintiff's case, and if you venting to the observation of the Attorney-General,
his Counsel ! Should not one have expected that his Iwill skew me that they could not have been procured that this was a scheme of Colonel Wardle's to get at
affidavit would have gone on to state that he had no I before the trial—" the evidence upon which the plaintiff and his wit-
communication with them too ? But no such thing." Mr. Serjeant Beer—" I think they are, my Lord. : nesses meant to rest their defence on the indictment
Lord ELLENBOROI:GII.—" Does he state where he So far from wriglit'e refusing Mrs. Clarke credit, it !for a conspiracy ; and remarked, that Colonel War-
was at the time ?" • appears by Bull's affidavit, that lie recommended her dle had committed himself as effectually by this de-
The ATTORNEY GENERAL.—" No, my Lord ; but I to him as a tenant," vice, if it was one, as he could have hoped to have
his two witnesses, Dodd and Glennie, swear that he Lord ELLENnoRoITUII-4 Aye, that's a very dif- committed the other parties, as lie had told th. dr_
sent them into Court." I ferent thing." cumstances upon which he intended to rest the prose-
Lord ELLENBOROUGH.—" He had an opportunity Mr. Serjeant Beer—,, And stated, that he was to cutisn. But the question in the case was, whether
of personally consulting with his Counsel, if he had furnish a house for her." there had not been sufficient new matter•discovered to
chosen to come personally into Court." Lord Eetateuottousai —46 The whole effect of that lay the foundation for a new trial? With regard to
The ATTORNEY GENERAL—" And if he had chosen might have been to give her a false credit, in order to the circumstance of a want of the means of commu-
not to exhibit himself in Court, one or other of my hold up her head, that he might get his £5OO from nication with his Counsel, under which Colonel War.
Learned Friends would, no doubt, under the particu- her." dle stated himself to have laboured, he might have
far circumstances, however irregular it is for Counsel
Mr. Serjeant BEST—" If the rules of the Court of been in the hall, and yet deprived of the opportunity
to leave the Court to consult with their clients, have, King's Bench are against me, Colonel Wardle must of having that prompt and speedy communication
on the present occasion, done so."
submit to pay the .C 109.5. At all events, we may say which the nature of the evidence, as it proceeded,
Lord ELLENBOROUGII.-44 I have been pressing
here what has been said elsewhere—that infamy, and might have required Colonel Wardle could not ex-
these circumstances, from a desire of not unnecessa-
a great deal of it too, must attach somewhere ; and, actly know the circumstances which were to be brought
rily compelling you, Mr. Attorney, to bring forward
at any rate, Colonel Wardle has an opportunity of forward against him. The interval between the de-
your affidavits ; for it is a grievous hardship, that
saying, that the same conspiracy which has obtained mind anon the trial was short, and Colonel Wardle
the defence of persons criminally indicted, should be a verdict against him before, has been exerted in the had not much time to prepare himself. The demand
wormed out, by a sort of "
_fishing-bill," as you call affidavits which are now at hand to oppose the pre. was made on the Ist ofJune, and on the 3d of July the
it ; and, therefore, unless the reasons to the contrary sent rule ; and, I trust it will be exposed by the same cause tame on for trial. The demand was general.
Lord ELLENBOROL'GU—" He might have called for
be strong and urgent, I would not compel you to
produce your affidavits. Brother Best, what circum- indictment."
a bill of particulars."
. Mr. PARK would trouble the Court with only a few Mr. MARRYATT, in continuation, observed, that the
stance of surprize is there, upon which you rely ?"
After the experience which he and his plaintiff's witnesses had stated that the goods hired.
were converted upon Colonel ardle s undertaking,
Mr. SerjeantßEST—" My Lord, I stated at the time observations.
Learned Friend (Best) had attained, it certainly was W '
into goods sold. Now, it appeared from the plaintiff's
that the ground upon which I moved for this new trial,
not to be imagined that they could with confidence
answer to a bill in Chancery, as late as October last,
was the evidence I had since discovered. The reason
ask for a new trial upon parole evidence, which might
why I would not call Major Dodd at the trial was, be- have been
that Wright had no account at all in his books with
been produced at the trial which had already
, Colonel Wardle. contradiction to the
cause I thought I owed it to him to protect him from
taken place. But there were facts which Colonel There was a
whole case of the pleintiff generally, and of each of
any imputation, which might be cast upon him from
1 Wardle could
.not have produced at the trial. He
I his witnesses severally. It appeared from the evidence
the want of corroboration, under which his evidence
it would be recollected, but a very short time to
I of Curt, that the plaintiff' was proceeding to take
would labour, The new evidence which I now possess, I had,
prepare himself. It must be allowed that he would
;measure for carpets and fenders for the house inWest-
my Lord, could not have been brought forward at the
have been a driveller, if he had not known that Mrs.
, bourne-place, before Mrs. Clarke knew Colonel War-
trial ; for it came out in consequence of evidence
which was given then. As to the indictment for ai h.
;Clarke was to be one of the witnesses produced against
dle. The plaintiff had subsequently, down to Mid-
of;summer last, paid Mrs. Clarke's rent. He therefore
im. But then lic could not have anticipated the pre- I
intended to give credit to Mrs. Clarke, for, if
conspiracy, Icon only say, that neither I nor either I
my learned friends who are with me had any hand : cise nature of the evidence which she would give.—
been bound by a particular . ngagement with
With respect to that evidence, it was materialg tao chlee;lll?idy
in advising such a measure. I was certainly aware
: the landlord, he might. have allowed him, unless he
attend to dates. Mrs. Clarke, after shuffiin
of it when I made this application ; because I knew
to give Mrs. Clarke credit, to have distrained
`good deal, a. sto the time when she first became ac-it had been moved hither by certiorari ; but I should
for his rent, and sold the furniture instead of paying
quainted with Colonel Wardle, at last said it wasa
be content to postpone this application till the indict- about the 16th of November ; and yet Curt swore i ' wished
him in money. It then appeared from the Sheriff's
moot was tried."
books that Wright had been bail for Mrs. Clarke in
. his affidavit, that previous to the 9th of that mongtho.
Mr. Justice Gaon-4, But then the plaintiff would
. several action another proof that he had given her
be out of his debt all the time." he was told by the plaintiff Wright, that he was
is, ; ing to
. take. measure for the carpets and fenders to be
Mr. Serjeant BEST—" But my case, my Lord,
credit contrary to the ass '
that there is no debt due to him." i put down in the house in Westbourne-place, for Mrs. ' y melon of Daniel Wright, that
Clarke. If Curt therefore spoke true, it was clear, his brother would not have trustedher for a farthing.
Another material fact was, that Wright, haying de-
Lord Euuraotiouou-44 The Court will not -urine- !
from the ainuff's own declaration, that he was to
cessarily strip him of protection. We now call upon
pl
furnish the house on Mrs. Clark's account, before she bited the goods to Mrs. Farquhar, which probably
you to (thew the fact of surprise and disability before
became acquainted with Colonel Wardle.
I
: meant Mrs. Clarke's mother, he had insured them for
the trial, with ordinary diligence to get at the notes- 1
nary evidence which you have since procured." Lord ELLENBOROUGH.-44 She said at the trial that her, and also insured for her other property, which
• '
Mr. Serjeant BEsr—"We owe much to our clients, Wright had given her furniture on hire." she had procured from some other quarter.
" Did not this powerfully
but that duty paid, we owe something to onrselves: Mr. PARKE-44 Yes ; but Curt swears to the decla. ' Lord ELLENSOROUGH+

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