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

" The public l" exclaitted the Learned Serjeant,
" the Public do not frequent the private boxes, which
are let for £4OO a year each; the public 'frequent the
- e
COURT OF COMMON PLEAS, DEC. S., two shilling gallery; and how are they accommodated
Before sir .1. MAnsFIeLD, eldefitistice,and a Special Jury.. there? Why, I went there myself lately, not to see the
CLIFFORD, ESQ. V. BRANDON. • play, I confess, for that I did not eveect to hear ;
The following are the names of the Jury in this but I was present at one of these not:, as they arc
Cause
called: I am a nervous man, Gentlemen ; but I con-
:—.—
Siephen Dick, Esq. Williain Vest. • fess, I was not at all frightened at the ri:a. The yiew '.
7- rdamind Jennings, Esq. ' • Thomas Ryam of the stage, with witich the pulite are accommodated
winiemi Day, 4... kg. _ . :- ... John Seymour. i
' from the: two shilling gallery, I can Compare to no-
. e;eoreese;ai, ale, 1;i ~, ~Peorge Reader.
thing else than a view through a telescope ; and the
Thomas Rogers,
~,. Thomas Greenway.
-Marie Voice.
~ ' . Richard Norton. gallery is so entrenched, that even this .view is not itt
Nir, Ru Neiseafon, in 'opening she pleadings, said, all Parts of it to be obtained. The address proceeds :
tae"t•-in this case 'Hertel Clifford, Esq. Barrister-at- 46 This, their most anxious wish, they flatter them-
Law;:i'ea..s . the Plaintiff', and Mr. James Brandon the selves they have solidly effected. [' As to solidity,'
Delendaht.• The attliOia ilet• for assault and false irn- interrupted the Learned Serjeant, ' I saw a few hea-
prisonment, as Elie plaintiff was quitting Covent Gar- vy pillars as I entered the Theatre'], not only within
den T,heatre. To .his the defendant had pleaded the short space of ten months from the laying of the
not guilty,' and seven pleas in justification,. the i foundations, but under the enormously expansive dis-
allot:lit et which ai-cre, that Covent-garden Theatre iadvantage of circumstances • singularly unfavoier able
bailig ialieeneed Theati eAO play tragedies, comedies, to building. When it is known that no less a sum
operes7 apt farces, and to receive prices of admission than .e 150,000 has been expended in order to render
front such' of the public as came to witness the same, this Theatre worthy of British spectators, and of the
the" .ptiiotiti, with many other persons, created a t genius of their native poets ; when, in this Oindertak-
great riot, in elder to compel the Proprietors of that rtsg, the inevitable accumulation of at least a sixfold
Tlicatre-to lower the prices of admission to certain rentageis positively stated to be incurred ; and when,
parti of the house ; and that the defendant, as a ser- i in addition to these pressing incumbrances, the in-
vant of the Theatre, by command of the Proprietors, creased and rapidly increasing prices of every article
gave charge of the plaintiff to Stnittel Taunton, a indispensable to dramatic representations come to be
constable duly authorised to receive such charge, considered, the. Proprietors persuade themselves that,
who breught him before James Read, Esq. the Me- In their proposed regulation, they shall be honoured
gistrate. To these pleas Ilse plaintiff had replied, i with thr: concurrence of an enlightened and liberal
that. the defendant had committed the trespass with- I pi- tblie.."• -
tint the„cait;e he had alledged ; and that was the issue " No,w, Gentlemen," said the Learned Serjeant,
the Yuri wine to try. • i et-what do item understand by this paper? lam a
. Mi. Scrjetant Boer then rose on behalf of thel'hin- I :
Peen man ; and I will tell vau what I understand by
tiE, an&obierved, that his case had been so hind- . it. I take it to be an appeal to the public,- for their
riously:eipened by his Leatned Friend, that it was approbation of the increased prices of admission to
even before the Jut y. The present question, the Theatre ; and, I take it, that as this appeal gives
if •it :should beefairly met by the other. side, was
! a man the power to approve of the increase, it also
one of Cry corisidel able importance—but upon the ;enables him to disapprove of it. If i.t dotes not mean
issue, of which, the Learned Serjeant had no doubt •
i this, it is aceinsult and a mockery ; and the public
Of the Jury's verdict, • and the only question with i are, in the course of the Address, mocked and in-
them w,.:Uld be, the amount of darna7s. which . stilted : for, when they ate told that the prices of ad-
should fh mullow up that verdict. The plaff was mission to the public part of the House are advanced,
a *Geedemau of the Bar, a tuan of an ancient and in consequence of the expenditure of .C 150,000 on the
noble famili ; but far more distinguished for the i Theatre, they are not informed that the annual reve-
urb.n of his manners, the extent of his learning, nue of the private boxes alone is ill give the Proprie-
and thy splendour of his talents. Thu. defendant. tors oOS•per cent. upon this .€150,009, so that if this
held some situation under Covent Garden theatre ; • scheme of private boxes is carried into.execution,
and therefore the best way cf considering this cause ' away with all pretence for advancing the prices of
would he to treat as between the plaintiff and the - admitting the public to the Thehtre."
reenegers of that. theatre. It was neceasary in the The Learned Serieant then proceeded to state, that
present case to bring to the Jury's recollection cer- in consequence of this appeal, a vast number of per-
tain circumstances in theatrical history, which, from sons attended the Theatre, to express their disappraie
their general notoriety, could not fail to be already bation, both of the advanced prices and of the private
within their knowledge. The present complaint was; boxes : and he • thought they were upon both points,
that of an outrageous assault upon the person of the : right. By both these innovations, in his opinion, the
plaintiff, and which, to a man of his piolession, was,;
IProprieo rs of the Theatre had forfeited their patent.
to the last degree, unwot thy and insulting, the de- Their Theatre ought to be apublic one ; anti they
fendaat ordering bins to be dragged before a Magus-; must take reasonable prices of admission, and chew i
trate, which Magistrate, in the due execution of hisithem to be such. Under pi-etence of doing this, in- •
office, havieg heard all that could be alledged against ! deed, the accounts of the Theatre were hid before a
the plai:itifl', and much mole 'dean could be alledged ! Committee of Gentlemen, whom the Learned Ser.
to-day, the defendant himself then beating witness ; jeant knew to be very honourable men ; and he was
against the plaintiff, which he could not oto day, i onl-
y sotry they could be prevailed upon to submit to
discharged the plaintiff. And now the answer to this , such an imposition. In two or three days they ex-
charge against the defendant was, that there was a : amined the accounts of '2O years ; and sent into the
riot in Covent Garden Theatre, and that the plaintiff : world a paper, to which he was grieved to see their
was one of the rioters, and was therefore apprehend-isignatures. The public were, of course, not satisfied
ded by the defendant, and brought before a Magis- I with this round statement ; rind he hoped the damages
trate, to receive justice for his share in that riot.—' he should recover to-day, would lead to an opportu-
The Learned Sep jeant should not do justice to him- pity of trying the accuracy of the Theatre's accounts.
Self if he did not declare his conviction and agree- ! As to the private boxes, could any man defend them .'?
men: that h ovever illegal the measures of the pro :. Were such. things decent ? To a Theatre, dedicated
prietors of Covent Garden Theatre might be, they I. to the public, every man who had six or seven shil-
were not to lie resisteti by riot ; they, on the one lings in his pocket, bad a right to go : and if lie got
hand, were guilty of extortion; but the public, on the '. there first, to get the
lest place in the House. This
other, were no:, therefore, to be ,guilty of riot. It had always been the law of places of .T.olelic amuse-
was not on this ground that the Learned Serjeant I meat, and always would be the law: What right,
rested his case ; and therefore if the truth of all the i then, had the Proprietors of one of these places of
defendant's pleas could he proved this day (which public amusement to say, this seat is reserved for my
the Learned Serjeant was confident it could not),' Lord A. that is set apart fur Mr. B. ? Their patent
they would form no answer to this action ; still the , was given to them to preserve the freedom of the
Jury must find their verdict for the plaintiff. If the ! public ; and the moment that was trampled upon,
Learned Serjeant had rested his case on this ground, • their patent ought to share the same fate. The
however the Jury must have been convinced that Learned Serjeant begged that he might not be under-
the Managers of the Theatre had provoked tl,c stooo not to recognize distinctions between men ; he
tot, still they would have been bound :0 find their knew, and looked up with reverence to those whose
verdict for the defendant. lint as the present case rank in the State placed them aln hint. But these
would stand, the Jury would be reduced to no such ' private boxes were no privileges fut Nobility ; and he
dilemma. At the sane time; it was a fact that, if . would he bold to say, that they' would be for the most
there lad been any illegal uproar in Covent-Garden ' part reserved, not for Ladies who had a lifeointerest
Theatre, from the ft:l',,,, and not front the audience, in their Lords, but for those, who, possessing their
did it arise : t.::::! the Learned Serjeant undertook to ; ascendancy over them but for a season, would make.
siaaw the Jury, before this cause was over. If, how-: that season as profitable as possible. These were the
ever, there had beet no riot, or if there was any, if purposes to which the private) boxes would be • op.
the Learred Serjeant could prove that the plaintiff plied. If there were a place in the Theatre where
tool: no p .rt in it, then, 'ellen the Jury came to the no toot but that of Royalty trode, the Learned Sin--
question of damages, it was material to consider jeant would be the first to honour it, and to wish it
what had been the conduct of the Managers of the might be for ever sacred ; but it was well known that
Theatre; and whether they had misthkenly taken the . the King's box in our Theatre was open to the pub-
plaintiff up, without any malice towards him ; or lie ; and any one of the Gentlemen of the Jure might
whether (as the Learned Serjeant undertook to shew . inhabit it with his family the very night after his ott-
the Jury they did) they knew hint, and singled him . jesty had filled it. All idea of exclusive possession
out, without any pretence whatever. And here the .in a public Theatre was inc., i stent with tile otieinal
Learned Serjeant could not help admiring the digni- ' patent ; which in its terms said, or must say, that the
fed moderation of the plaintiff in not laying his pre- Theatre is ter the public,
,hith or low, virtuons or
seat d images at a large sum : it was not profit that otherwise.
the plaintiff looked for, and he had therefore laid j If the Manners had no right to advance their prices
them at the sum of only £lOO, a sum which was no - of admission, and their appeal to the public spewed
object to a gentleman, who, the Learned Serjeant re- they had not, then the Jury would find the Managers
joiced to say, was as independent in circumstances as in the wrong ; and this was the cause of the riot The
he was in mind. Not that even that sum would ever Learned Serjeant did net justify riot ; but Englisinnen
find its way into the pocket of the plaintiff ; the must be taken with their virtues and their Luke ; it
Learned Serjeant pledged himself it should he em- was to the riots of Englishmen that we owed some of
Tloyed for the purposes of assisting those who la- the most valued privileges of our land ; and, when
toured under an Oppression similar to that which was Englishmen ceased to lint in a just cause, they would
complained of to-day. ', cease to preserve their liberty from oppression at home
The circumstances of the burning of the old Co- and their rights from usurpation abroad. If they
vent-garden Theatre, and the erection of a new one, itted thisspirit for one purpose, they would for another.
were familiar to the Jury. Upon the opening of the . The Learned Sea jeant was sorry for the riot ; but he
litter, the Proprietors penned the following address pitied the rioters, and not the objects of their riot.—
to tln• public e---doubted,whether : The Learned Serjeant however, the
.s. On the late calamitous destruc
tion
of their pro- uproar which had prevailed in the Theatre amounted
petty, the Proprietors, encouraged by the temem- to a riot ; there was a noise ; but was not there al-
',ranee of former patrenae e [" ,you will presently ways a noise ? Had there not been noises in the
sec, itentlemen," said the Learned ,ei F .*
leant, " how theatre before those which. gave rise to the present :le-
they ieuirned this pen oneee,"l instantly
and cheer- tion, and would there not be noises in the theatre when
fully applied themselves to theerectionof - this question should he quietly at lest. If noise was
Ain', itli:Citotlti iaily, that without enlarging
an- riot, the Learned Serjeant would pielcout a riot froma
aieece-pert of the edifice, it might afford the pII blic • the most peaceable times. That noise which 'eonsti-
. eoe a veil accommodation and security, and at the tutes a riot roust carry with it something of terror and'
. . • fameiprove an additional orparnent to the me, !alarm :it • meet be the
actual exertimi of, or the inten.-
tts•:' .'.l 't the l!riti4li antree .
F • u
1 tion to exert force. The noise whict hadtatiety.filled*

LAW lATELLIGENCE.