Star.
London, England, 1809-12-06 00:00:00

Cement Garden Theatre did not in the least alarm the
Learned Serjeant, who was, as he said before, a mer-
eons man. If it could be shewn that a single chande-
lier had been broken, and that-the damage of sixpence
had been done to the Theatre, the Learned Serjcant
would allow it to be called a riot ; but, fur his part,
he never saw a more harmlese set cf people in this
life than these smile rioters. 'These things had been
very much overstated out of doors ; but it was the
duty of the Jury to attend to the evidence adduced
here before them.
The Learned Serjeant was satisfied as to his defi-
nition of riot, and trusted it would be sanctioned by
his Lordship from the &Lich ; but where he felt
most strong was, that his client wits not one of the
rioters. Severed people having gone to the Theatre
'to hear the noise, and the Learned Serjeant himself
being of the number, the elaintiff, having dined with
Colonel Dosville, and Lichee left les table in cone
patiy with a gentleman of character and honour, Mr.
Hipkin, it was proposed by Mr. i Lipkin, that they
should go to the Theatre and see N‘ bat. was going for-
, ward. The plaintiff, therefore, did not even intend
1 to go hisuself, till it was proposee by his ft iend.—
They went, and took their places in some part oldie
pit, where they heard as harmless, and perhaps as en-
tertaining a noise as many that had issued from the
stage. In the pit there were many persons who
wore the letters 0. P. in their hats ; and the Learn-
ed.Serjeant would net conceal it, for it certainly would
come out in the evidence, that during a part of the
night, the plaintiff, perhaps imprudently, wore the
satire letters, they having been given to him by a Gen-
tleman in the pit. The Learned Serjcant, consider-
ing his situation in life, should not have perhaps
nrede himself so conspicuous as this ; he might have
hissed perhaps ; but he should have thought it ins-
prudent to wear 0. P. The plaintiff thought other.
wise, however, and perhaps he was right. While he
was in the* pit, he held no conversation with any body
but his friend ; mid he, as well as twenty other wit-
nesses, whom the Learned Serjeant could call, would
tell the Jury, that the plaintiff took no part whatever
in the riot. The Learned Serjeant knew it had
been sworn otherwise ; and he should be happy at
some other time to meet the gentlemen whose names
he had seen upon paper ; for he knew they had been
guilty of gross perjury. The Learned Serjeant should
prove, till the Jury were tired of hearing it, that
the plaintiff took no part in the riot, and only wore 0.
P. -in his hat ; and the Learned Serjeant submitted
that, if was a riot, this single circumstance could
not snake a man one of the rioters. If it could, the
Gentlemen of the Jury must take care how they went
to contested elections: At the last Brentfotd election
there were serious riots ; sa that, if this doctrine were
held, and any one of the Jury happened to wear the
seme ribbon as the rioters, he was to be construed a
rioter too. To wear the 0. P. ribbon, was not to
join the 0. P. riot ; but to answer the appeal to the
public of the proprietors of the 'Theatre, " I -don't
approve. of the advanced prices." Was that illegal ?
If so, why did the Proprietors ask the public whe-
ther they approved of their conduct or not ? The
Learned Serjeant was aware, that there had been
certain cases, where the badge of riot Made the
wearer a rioter ; but these were where persons met
for the avowed purpose of riot, or treason, and
where it had been preconcerted that the parties should
know each other by a bough or a ribband, worn as a
badge. if the present case were like those, the plain-
tiff would be put on his defence, and he would defend
himself by spewing he had preconcerted nothing ;
and that' where symptoms of riot did manifest them-
selves, he exerted himself to remove them. In the
first place, then, the disapproval of the conduct of
the Proprietors of the Theatre must be shewn to be
riot, which the Learned Serjcant denied it was ; and,
secondly, the Jury Must be of op nion (which he was
satisfied they would not) againt the evidence of Mr.
Hipkin, that the plaintiff went to the Theatre, having
preconcetted to join in that riot; or that he agreed,
by conversation with the rioters whom he found in
the Theetre, to join in that riot, which would amount
to the same thing.
The Jury slmid hear all that passed- between
the gentleman who put 0. P. in the plaintiff's het,
am: the plaintiff ; and even if the Jury should then
he of crinien that the plaietia' was a r:oter, still lie
would he entitled to their verdict ; fhr the law says
that a rioter could be taken up only Arent: deticto,
and even then net without a iVlagistrate's warrant
The defendant .we; no constable ; and the Learned
Serjeant believed that Taunton was none ; the de-
fendant, however, was the man that gave else
charge, and he, at least, was no constable. If a man
saw a riot, it was his duty to go to a Maeistt
and, armed with his a lithcrity, to iatetferee But the
moment the rioters separated, there was On end of the
iot ; and the Learned Serienit would these the Jury,
that at die time Use plaintifi.wes' apprehended, he had
left the Theatre, and was walking home with the
eentieman with whom he entered the Theatre. At
that moment it was certain that nobody could seize
hint as a rioter, without the warrant via Magistrate ;
and if the Plaintilr, instead of being a peace.ae and
gooddiumuured man, had been violent, and had re-
sisted the assault, the assaulter and the Proprietors of
the Theatre would have had to answer for whatever
I,iood might letve been spilt. Befcre the Plaintiff was
apprehended, the play was ever, and the curtain
down, and he himself had left the house. This had
been sworn otherwise ; but the Learned Counsel
would prove it to he as he stated it. The Defendant
called oat to Taunton, who was with him, That's
Clifford, take him." Taunton remonstrated," Why,
he's been doing nothing all night." ‘. Never mind,"
replied the Defendant ; D—n your eyes, that's
Clifford ; take him." He was therefore taken because
he was Mr. Clifford. The Learned Serieant could see
no other reason for his caption. He hoped it was not
because he was a Barrister ; for he believed no body
of men were less the cause of disturbance. He hoped
it was not from political considerations ; though the
Defendant had heard, from the very mouth cf the
man -who was ordered to take him up, that he had
been doing nothing in the Theatre. But the Defen-
dant was man of great power ; and taken up the
Plaintiff was. It was not a very pleasant thing, for a
Barrister to be charged with infringing the laws it was
his duty to support.. When the plaintiff arrived at the
Magistrate's:, the Defendant did not immediately sip.
pear ; .he was after ether game. Mr. Read, the Ma-
gestratie, desirecbto know with what the Plaintiff was
%ego& Taunton said he had no charge against him,
and by, after being sent for, defendant came,

and.

arid eery flippantly said the plaintiff was a rioter, me
had been encouraging the riot the whole night lane
The Plaintiff, with a great deal of temper and mod,
ration, as the Learned Serjeant thought, coolly a-la
the defendant if be would swear to what he had
and if he had done so he would have been exalt,
upon a stage somewhat higher than that of Coven:
garden Theatre. Not that the book imposed any
verence upon the defendant, but the consequences
kissing it intimidated him. The defendant wlril
not swear, :tad the plaintiff owned to the cireal.
stance of wearing 0. P. in his hat, and asked
Magistrate if there was any offence in that ?
Read said no, and the plaintiff was dieeharwee
The defendant, by his conduct at the Magistrate:
had therefore 'completely made the Leeinai
jeant's case ; he dared not there sweet. the pleiei
was a rioter. But if the plaintiff had been ever
great a rioter, if the defendant did not lme- it, le
dare he charge Lim ? If die other side coliet pot
the deposition on oath of tl.c defendant sweeraeg a.
the plaintiff was a rioter, the Learned Serjalet eee
withdraw himaelf born the contest to-day, area a:
the field in a different character at same fitture
—The Learned- Serjeant should prove this his ca
and unless it was answered by evidence, he :Juane
entitled to the verdict of the Juey. Bat he tree
the ()thar side would feel that 4, t!•.e better part
valpur is discretion," and that they wrnild net
tempt to set up their patent : they would gie
his verdict, arid not attempt to say they were 1,
fully playing, which the Learned Serjeant undert,
to say they were not. The Jury would bear the'
• speeds that could possibly be made on the delei
ant's behalf; enriched with all the graces of orate
and the charms of eloquence. But it was from hi
and not speeches that the Jary were to judge ; ;
if they did not decide that the Proprietors were 1.
fully playing, then the only question for their cei
deration would be the amount of damages ; and
4100 too much to give to a gentleman, who had,
the midst of this city, under the eyes of all his
quaintance and friends, and under the eyes of
Judges before whom he practised, been conveyed
tore a Magistrate, who had discharged him at en,
The defendant 'had called a Special Jimy to de,
this cause. From' what the • Learned Serjt.tot•
seen of corniflon Juries, he thought them quie
petent to the task ; but; as it %,,ts, he was gied
circumstance, -HS a special Jury was c( reposed of
in the same rank of lie with the plairaM"h:rase.
men who could judge of every hon,ttrAhle feel;
who knew what wai'due to, the h:T.our of a ge:
man ; and who would make hum such reparation
any attack upon that hanoer as they themse:
should expect under similar circumserecia.
Rupert Lee Iliphn examined by Serjmnt RCNNINC:
Q. Do you know Mr. Clifford ? A. Yes.—
How long ? A. Three or four years.—Q. Do
remember the 31st of last October ? A. Perfecto
Q. Did you see Mr. Clifford on that day ? • A.
I met him in Bond-street about nine o'clock in
evening by accident ; we went to the. Theatre t
then—Q. Do you know what thi Farce was ?
No.—Q. To what part of the house did you
A. TO the pit.—Q. Had you a third.persoa in
puny ? ft. No, we went together.—Q. Whereal
did you sit ? A. About the centre of the pit.
Was the pit full? A. Pretty full.--eQ. When.
relr. Clifford sit ?. A. On the sane seat with nit
sat on his right hand.—Q. Were there any ire,
there whom you knew ?A. Now—Q. Were the
ple in the pit sitting or standing? A. They
upon the benches.—Q. Was there much noise
Yes, the-e was some disturbance.—Q. Many
hats ? A. Yes, some.—Q.. Had Mr. Cliff();
0. P. in hie het ? A. No, notat first.—Q. Ha.
at any time ? A. When we had been there •
lailf an hour, there was an Q. P. put in his hat
Did not Mr. Ciifford put it in himself ? A. N
was put in by a person before him.—Q. Did lit
it,? A. Yes.—Q. Did you stay until the
dropped ? A. Yes, I think so.—Q. Was Mr.
ford ac:ive in promoting the confusion ? A. Ni
was very steady, and did. hot chew the least
meat of distureance.-Q. Were you near him
Chae beside him.—Q. When did you leave the.
A. When the entei tail:meat was over, we were
to leave the house, but Mr. Clifford was tei
the steps of the pit.—Q. Whereabouts ? A.
two yards horn the pit-door, near the deer NN ht
money was taken.—Q. Who seized him ? A.
Brandon and another.—Q. What ensued ? A.
posed to free him, but he said he would go peat
Q. rfal yen go to Bow-street ? A. ies, I foi
Mr. Q. What occurred there ? A.
not get in until islr. Clifford was about to
charted.—Q. Who presided ? A. Mr. Rca,
What occurred there in your pretence? A.
:Read told Mr. Ciifferd, that there was no
against him, and that he was discharged.—Q,
Mr. an none present ? A. Yes. -Q. You at
Clifford believed quietly in the Theatre ? -A,
quite s:-.
Craireixemined ly Mr.terjeant SntiqtrtD.
Q. Yon say you were at the Theatre? A.
Q. in the pit ? A. Yes.—Q. D:d you lens
liarce be:Cie you went ? A. No.—Q. -Nor
NO.—Q. Could you hear a word of it.'
—Q. Was there not a great rioting A.
\'.'as there n:,t a violent uproar? A. No.—Q.
do you mean by that, when you confessed yet
nut'bear a word of the Farce ? A. I mean there
murder, no violence--Q. Did you sit or stand
stood. Q. Why did you not sit I A. Because:
most likely I should have been crushed to di
every one else was standing.—Q.• Did you er
such a noise in your lite•before-?-A.Yes.--eQ.
A. Where I have heard about a thousand 4
see ors. Q. Did you ever hear aiich a noise
place of amusement ?—A. `o.. Q.• Who l I
your going to the pit ?—A. Mr. Clifford. Q.
you ever with Mr. Clifford at the Theatre het
A. No. Q. Do you know the O. P. chorus ?
Q. Was there no tune sung that night by thi
ence ? A. Yes ; God save the king,' an'
Britannia.'—Q. What else went foiward ?•
ferent amusements and rover.—Q. What
mean by amusement'' ...A.. I mean some tele:
pets, some horns, tome sting, and seine Wni
Q. How did the O. P. conic tobe put in Ni
ford's hat ? A. A Gentleman before him as!
if there was any harm in wearing en 0-. P.
Clifford said no ; the Gentlemen then 'asked"
he would have any objection to wear one, Mr.
said no ; and then the gentleman took Mr. C:

vsi
er:iriiitceiri,icasr.tii:
night 1,.47. Ii
101 l
• and mci,;(,.
doe
:oolly a-.le,i 011
he had ~itid i
leen exalter.; pla
t of Covent_ P"
cet
insed any le to
4, II
idAnt woril,i 0.
the circa rn. wa
d asked ti,:
that ? hi, the
for
•:harged.— te
Tg
,CATrie,i 13,1. till
LIPr plAint.i.
wen ov.:y :.,-.
am- it, h„N„, M
coi,,,i pia it? 1f
N:e:,ring .J.:4,
we
li2:1;:t w•),.,id pit
ty, an 4 ...-d..:, irk
t. fmure (hi.
Lis his en; 1 by
W
he shr,ili4 -!....
it he tras-1 inl
by
)ett.N• part ,t
mild not ~-. vr;
uld giv.: ".tr,, A
.ey were 1,•........ at
tot undert.., is
I bear the Iwst of
a the deleial. to
es of oratory wl
ills from facts he
1 judge ; a...,d
at
n-s were law_ bi
✓ their c(sn.,i• h:
ges ; and was sic
, who had, in th
of all his ...,e. se
e eyes of Ode of
conveyed Le. at
him at ere? fl
nil to decide !A
Scrje•tot • 1, .ii w
!In qur.e c: r,:- dt
•'its gi.,,d iif •,C al
rposed of rt.-.:il. B
intiii.:llitrise ; tr
:-able feeliv‘z
. , ra
r (A it gen:..e- yr
reparation kr w
-.'y themselves hi
cc. hi
RCNNINCTGN.
A. Yes.—. Y'
hi
;.—Q. D,...,, yii.,k ti
Perfectly.—
Lc
ayi• A. Yes; st
o'clock in tlie tl
r Theatre toge- Ir
arce svas ? A. b
did you gt,!
ni
perso; in cur-
o. Whereabna• c
1
of the pit.—Q. •t 1
.Q. Where &I tl
tat with mc ; l h
ire any pecpl4: C
. Were the Der, ti
1. They stood t.l
ach noise ? A.
2. Many 0. P. s
c
4r. Cliffold an
t.—Q. Had Is t
en there abtal;
in his hat.—Q. 4
It ? A. No; i:
t
2. Did lie we:J I
tail the cunt:
r
Was Mr. C.',ii:.
Lltlllne:eae::.raeAlseit;a:i:sesit,N::?:iel'alrsA.l .ii
1
1
r, we were a;Jos: i
ats i A. isboc ' 1
e door \ N hue tk
I him ? A. Mr I
sued ? A. I pre
Id go peace.,bl:•.
i'es, I folltwei
here ? A. I (Id
bout to be di,
Mr. Rcati.—Q.
ience ? A. bl:
Was no eirrgi .:
arged.—Q. Vs'a. •
. You sally Mt
eatre•? -A. Ye' .• .
88'1P:ft:RD.
tie ? A. Yes.
I you know 0.•
.—Q. -Nor after
)rd a it.• A. N,•
;?. A. No.—Q •
i
L. No.—Q. Wh ..
Ile,sed yvti cox ....."
near there was •.:.:.
it or stand? A. ..
Because if I :
(shed to to dca'.h, • 7
)id you ever he.
lies.-...Q. Where
hflusana drunko
ch a noise at I,:i
). Who 1 rope.:l•itford. Q. -N.
Cheatre before..
'. chorus ?A. N. •
t.tht by the • ai.....
King,' and , gal .
sward ? A. DI - ...
). What do
1 some blew tru, .
some WlLitled..
e put in Mr. td' _
>re him asked hi
- ra.p• • -- ) NI
g al, w
then asked•b.ln
one, Mr. CliEo •
,ok Mr. C.:Rid . •