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

IF

off, and put the 0. P. in Did Mr. Clifford Which the taw of it !night to involved he hopesl they Some foolish people had got an idea into their heads,
eectv
who the Gentleman was ?A. No.-42. What would in that circumstance submit themselves en-.' that they might applaud; and to what excess they-
dot, 0. P. mean ?A. Old Prices,—Q. Were there tirely to the guidance of his Lordship : for if a Judge chose: .No doubt, they might and ought to exercise
any placards? A. No.—Q. Do you know what a should by any accident mistake the law, then the Ad-d. an honest judgment; but then outrageous violence'
)
record is .A. Ye .
.s ; is a banner, with a motto ex. vocate has a court of superior powers to whom he can was not the way in which to exercise an honest'
.ecsive of opposition.—Q. How did you get into the appeal, and receive a remedy for his wrongs. It was judgment. One Gentleman had said, there was such
P•
ceore of the pit ? The people paid great respect of great importance that the Judge should be allowed a noise as one thousand drunken sailors would
is Mr. Clifford, and made way for him, crying out, to be the most unerring expositor of the law, and that make ; now he would ask any nun offthem, if they
e here comes the honest Counsellor "—Q. Did not the it should not be left to the varying and mutable opi. had seen one thousand sailors quarrelling with their
p.'s hail him as their leader ? A. No. They made nions of a Jury, no matter however honestly disposed. landlord about their reckoning, would they not con-
,or very gentaly for him. They considered him as Melancholy, indeed, would it be for the country, if sider it a riot ? The very farce could not be heard ;
.her fr:end.—Q. Do you know who took Mr. Clif- it did not possess tribunals at which• men presided men.cunld not sit down lest they should be crushed
feel into custody ?A.No ; I heard Mr. Clifford say whose you& had been devoted to study, whose man- te death, and yet this was not a riot But Mr. Chi--
o \vas a Police Officer.—Q. Did you hear that it was hood had been dedicated to the practice of the truths ford was silent ; a silent leader may often do a great
eeenten ?—A. Nto —Q. Was there any outcry against in which they had been grounded, and the prime of deal ; he wore, however, the 0. P. in his hat; he did
Me ; • boxes ?—A. No
privates - whose life, thus exercised, had prepared them for the not put it in himself—no, he allowed it to be put. 'The
By Mr. Serjeart RUNXINGTON. .
enlightened and able exposition of the laws as Judges. honest Counsellor, too, was cheered by them, and saluted
Q. Where was the person who put the 0. P. in He pressed this attention to his Lordship's direction as their friend, and he accepts their invitations,
Chfford's hat ?A. Just near him.—Q. What did still more strongly upon them, because he was con- marches into the midst of them, and hoists their flag,
N/a Gifford say ? A. He said there was no harm in vinccd, that not one of them would rest satisfied with and yet he did not encourage them ! It would he
wetting 0: P.Q. Were there many 0. P.'s in the his verdict in hisconscience, if even through a mistaken an insult on their cause not to call it a riot, and to call
nit ?A.No ; nor above twenty.—Q. Was there any judgment he had pronounced contrary to law. They him their instigator.. Mr. Clifford told the audience
valence offered ? ; noneexcept that occasioned were warned by his Learned Friend against the ap- too, there was no harm in wearing 0. P. He should
sv the Police Officers, in seizing Mr. Clifford.—Q. peal to their passions which he expected from him ; have told them very differently: he should haves told
it': s there not much outrage during the whole even- he should not, however, follow so far the example them it would be foolish at any time to wear it ; but
tar ? A. No, indeed, we were :all in great good . which had been set him ; for never in his life did he that it would be criminal to wear it as an ensign of
iernour. hear an addresi appealing so strongly, not merely riot. If there was no harm in the rebellion, it was
a:, .? Jaror.—Q. In goiog out when Mr. Clifford to their passions but to their prejudices, as that of his of little consequence ; brit if you once hoist the ensign
tras seized, whereabouts ie the Theatre were you ? Learned Friend. Prejudices, he was sorry to say, had of rebellien, no matter though yon were as mute as
.o..Abent the money dome—Q. Had you passed out crept into the world, and had operated so powerfully a fish and as inanimate as a corpse, you participate
at any door ?—A. No. upon respectable persons, as to make them disgrace jia its crime and must partake its consequences. The
Christopher Elwen was in the Theatre on the 51st j themselves before the public. His Learned Friend cockade at an election was no emblem Of riot, unless
ef October ;he sat about three seats before Mr. Clif- ; had accused the proprietors of extortion and injustice, it was maliciously made so ; it was the designation
ford ; he did not know him at first, but he was told ; and tyranny in the extreme, and h*' had gone so tar as of attachment to a particular man ; the cockade was
who he was by an attornev's clerk who sat beside him; - even to warn the people how they heat before this act a most important ensign ; now, since shields and
he then observed Mr. Clifford minutely ; he was very I of oppression, lest it should be the preface to still more • banners were done away, it was the distinction even
eriet and orderly, the whole night ;he did not see , base submission. For his part, when he saw that of nations ; the black cockade was the distinction of
Sim till towards half price ; had an 0. P. in his: Court, crowded as it was, and reflected what an effect England, for instance, and he hoped. it would long
hat ; he saw him taken ; he was then in the centre such a declaration, coming from a man of his Learned triumph over the tri-colours. At a late election the
inor, between the King's side and the Prince's side of ; Friend's authority, might have upon an inflamed and blue cockade was an emblem of loyalty ; but they all
:he Theatre; Brandon said, 44 Here, this is Clifford, misguided multitude, he trembled fer the consequence remembered, in Lord George Gordon's riots, in
size him." Accordingly, as soon as MoCliceord camel—he trembled to think on the depredating jurisdiction 1780, when it was the sentence of death, when men
cut, he was seized. The play and farce were over, lof lawless assemblies acting as self-constituted judges. were condemned to die% merely because it was seen 1
and the audience in general were leaving the House Goy forbid the country should be so reduced. It ty- on them. They had fired no house, nor committed 1
He could not recollect whatTaunton said; he followed ; ranny or extortion was practised upon any British sub- j no murder ; but they had wool the blue-cockade, I
Mr. Clifford to Bow-street ; Mr. Brandon charged him ject, he had wise laws and upright Judges to resort and that was sufficient for their conviction. He could
with wearing an O.P. in his hat. Mr. Clifford did not to, much more capable of affording him a satisfac- not help remarking upon the insolent liberty which
de.)y it, upon which Mr. Read said, there wasnocharge tory relief than the wild tumult, outrage, and excesses Mr. Clifford suffered a stranger to take with him, hi
against Mr. Clifford, an that he was discharged. Mr. of unrestrained revenge. It was said Mr. Clifford was allowing him to take off his hat. He was not very
Brandon then said, he had made a noise in the 'rhea- a man of rank—he knew it : of talents—he knew it : irascible ; but he feared such a liberty would be too
a 3, upon which Mr. Crifford desired that Mr. Brandon of a respectable profession—he knew it also ; and he much for his temper.
!eight be sworn; but Mr. Read said again, that there had twat• to lament that such rank, suck talents, and When the mode in which he was saluted at his en.
was no charge against Mr. Clifford, and that he might such legal knowledge, should be prostituted to the in- trance was taken into consideration, and also the rea-
withdraw. Mr. Clifford then said, if Mr. Brandon stigation of such riotous violence—it was giving it the diness with which they made way for him to come
hto known him well enough., he would not have taken -1 s/nction of rank by his birth, of wisdom by his abili- into the centre of the pit, it would be an outrage to
him theme, to which Mr. Brandon replied, " I know tics, and cf law by his profession. What ! could it be common sense to suppose that he was so received with-
yr.o
very m ell, Mr. Clifford." warless was Foe in the said for a moment, that Mr. Clifford did not encou- out being considered a leader in this business, or that 1
habit of going often to the Theatre, not above six rage the riot, when he even condescended to wear he wore the 0. P. in his hat for any other purpose
thrici in the season ;he went in with orders, and used the ensign of the rioters ? If any mean person had except that of countenancing and encouraging the
to go in and come out again ;he lives in Chandos- i done so ; if the Attorney's Clerk, for instance, hods proceedings which were then going forward. As to
street, and is a man's mercer and trimming seller ; done se, it would have been of little moment—but, the evidence which was given of his being silent him-
ti:; Attorney's Clerk first pointed net Mr. Clifford to when a man of comparative consequence—a man of self, although he bore this ensign of party in his hat,
hire ;he dad not hear Mr. Clifford hailed generally education—when the honcrt Counsellor—he, to whom that would by no means justify him. The silence
by ti.e pit on his first entrance. He (Elwell) wore Ithe1the vilgar would naturally look up for guidance and of a man who encouraged others to go further
ns 0. P. I instruction—when he did so, he, who could not plead would be, perhaps, more blameable. It would
Join Bone is a bookseller in time Strand ; he knows # ignorance an extenuation of crime, how wide spread- shew a degree of cunning to save himself, by coal-
Mr. Clifford and Brandon ;he was in the Theatre on ing must he the destructive influence of his example ! mining others. If a man was disposed to riot,
the 31st ef October ; he did not see Mr. Clifford j It was told them, however, that his client was the tool I let him riot, and be punished for it ; but let hint
there :he saw Brandon. As he was going out, he of power ! But was he—(even suppobing it is), was not be the insidious fomenter of disturbances, in
heard a penon tell Brandon that Mr. Clifford had an I the servility of Mr. Brandon the excuse for Mr. Clif- which Ire himself dared not to join. In speaking in this
0. P. in his hat, upon wh;ch Brandon hid the Officers ford's impropriety ? Was it to cause him to hoist the manner of the conduct of Mr. Clifford, he was only
take him into custody ; the Officers hesitated when banner of riot ? Was it to send him to the resort of making those observations which he conceived it was
they heard it was Mr. Clifton* upon which Brandon the discontented, in order to inflame them still more i his duty to make, if Mr. Clifford was even higher in
G— d d—n him, take him." They then pro- Certainly not :it could not operate so even upon the rank, more eminent in talents, or his own bolbm
Laded to take him. most ignorant, and if it was found thus unjustifiably friend. He did not come forward. s a volunteer for
Thomas Eisier is a Clerk to an Attorney ; he was at influencing a man of information, the mere exam- Mr. Brandon ; but it was his duty now to state, that
the Theatre on the :31.t of October; he S:IW Mr. plary should be his disgrace, and the more justifiable Mr. Brandon was an old, honest, and confidential 1
Chihrd ; he did not see him contribute in the least of coutoe was his client in selecting him for an exem- servant of the Theatre ; and notwithstanding the po-
c'egree to the noise ; he saw him on the contrary try i ple. The question now for them to try was, not whe- pular cry which was raised against him, and the pla-
to the disturbance : for when a man beside I ther the Proprietors of Covent-garden Theatre were cards of " Terms of peace, discharge Mr. Brandon,"
hira began to spring a child's rattle, he desired him i tyrants or not, but whether those persons who had he hoped that he would long continue to serve the
cot to senng it ; they called it Mary Austin's rattle ; i embarked their property in the Theatre to a vast Theatre, as faithfully as he had hitherto-done, and
the petaon complied, :tad did not spring it ; he did i amount, should be ruined by caprice ? As to the ex- to give the same satisfaction to the public which he
eet remember Mr. Cliihrd's being hailed ;he was i tertian, that was no question at all—if the public had had given them for many years, by his politeness and
1h the Theatre before him ;'there were no placards, a right to reduce the prices from seven shillings to attention. From the evidence which had been already
he thinks, nor was there as much noise there as on six, 'they might with as much justice reduce them to given, he thought he had a right to say, that a riot
termer evenings ; very few 0. P.'s. He often goes sixpence. Constitute the rile: once, and it did not there was, and Mr. Clifford was a participator in•
is the Theatre, once or twice a week ; the: farce was, signify what was the minimum—that would be just it: and the question now was, whether, under those
he thought, "Jhe a Priace ?" It might, howevaik as the whim of the moment dictated. As to the circumstances, Mr. Brandon had not a tight to take
.te the " Portrait of Cervantes ;" he could not hear a question of the private boxes, that was not one either him up ? The evidence of the first witness was, that he
of :el ; he stood on the beaches ; there were no mock to be debated in the theatre ; for if it was, one hundred had not got out of the pit at the time that he was ar-
fthts ; he was net called the L.;:stiii:Grnry, he !oun.i j men would have as good a right to judge one way as rested. Even if he had got out of the pit entirely, that
to OiTaulty in getting into the Theatre. 1 another hundred men would have to judge another circumstance would not make any considerable alto-
Wil!iam Rawlings was called, bet he not appear- way, and then how would the dispute be decided 1 ration. He must, however, allow, that when a riot
ing, Mr. Set iear.t TI:ST said, that he had a number Why, of course by tumult, and perhaps, ultimately, by was completely over,a private person would not be jus•
of witnesses to call, in coder to prove that Mr. deaih. Theo iedeed, might original principles be re- tilled in-arresting a participator in the riot the next day,
trd conducted hisholf peaceably in the Theatre sorted to—then might oaa/ be battle, divested of its or a few hours after it was over. In the present case,
Pahaps, however, after what had passed, it would be certroooies, be fltroduced, and those savage conflicts however, what were the constables to do? If they were
taken for granted. ► anterior to the regolatioos of society be renewed.— to rush in immediately into the midst of those riotous
Mr. 3critems Mr:out:au said, he thought it had The Proprietor, aCt under a patent—if that patent assemblages, the probability would be, that serious
Letter he proved. were abused, it could be brought into Court by a mischief would have ensued. If then they waited
Sir loaris M.aNsHELD.—" Brother Best, you may :aid investigated how far that abuse had until the persons were going out of the house, the
a• well call a tea- witnes-,es, and examine them shortly taken place. Thus, it the public 'were injured by Jury would have to consider, whether that could fairly
to the fact." . the monopoly, they could have redress—but cep- be said to be arresting the rioters at another time ?--
lhotk Jolly saw Mr. Cliff ,rd at the Theatre ; he , tainly not by their own hands. The patent could He would suppose that a man were to strike him in
r:as there do-kg the entire farce, not above a yard easily be seen—any person who chose to take the the street and knock him down, would it be said that
!r-:n Mr. ClifYord, and could swear that he was peace- trouble of going fo the Enrollment Office, might he had only a right to seize him for the purpose of
es!: the entire night. even have a copy of it ; and any lawyer, whose bringing him before a Magistrate, at the time that he
iril,;'eo Harris 'v.-es at the Theatre, and saw Marlif- corkoity might be excited, could take it home to his was actually assaulting him, but that he had no right
:d there; ()I- "5 minutes al.ter he came in, he did not i charnbt,ns. and search out as many flaws in it as he to seize him as he was going away ? If this could be
•;:: whe he was ; but after he heard it, he ohserved might think pi opsT. The theatre then was a public argued, the man who assaulted him might say, that
atter:vele, and saw re %sae, very peaceable. Mr. • theatre, and now the only questions were, whether the assault was completely ended at the time tnat he
t-:: and had an t). I'. al his hat ; i.e was sotoding, on I there was a riot at it, and whether Mr. Clifford en- was knocked into the kennel, and therefore he had no
hh benches ; there were a reuniter of people talking ; couraged that tiot E There was no way to judge of right to seize him at all. He trusted, however, that
het ire did not think th°r,dY. Was :tilVethtt so great niter's meanings but by their actions ; they had no no Jury would be of that opinion, and that they
ee in env former nit htc ;Le coeld !lot seleather window in thee- breasts through which their hearts must perceive there was a reasonable time after such
• he: te was :Inv horns or not ; there were no 0. I'. can.; could be seen. The Jary would then judge by Mr. assault, that he would be at liberty to arrest the
could ofi'en hear what was going on ; s.c heard Clifford's actions. The first witness had met Mr., person who had so assaulted him. If this were
retie y scateeces. a Clifford, and lie proposed to him to go to the theatre:' not the case, and rioters
•could only be arrested
Philpot saw Mr. Cliii%rd at the Theatre ; they went to the pit : it was true, many liked the by constables, at the very moment in which they
wes near hinn ;he moved down to‘ear,!s t::e stage, p; some sent there to see the countenance of the were committing their riots, the consequence must be,
- - 'lopthed l:cau.se he did not like his shtechot ; he • octet-, somc to sas-e the money, but as the witness either that a number of offenders would escape, or
-,at• eeceedinalv quiet and peaceable; Ire (Plii;po') ever had Leen in the it before, he thought it rather else bloodshed would probably be occasioned by the
ne more himself ; he did not make the 0. P. a bad tiu'.e to choose, for the purpose of-seeing a re- interference of the peace-officers at the moment that
' Vs"'. Mr. Clifford's move ta the st.:7,e was quite presentation. He often had gone to the pit, and the riot was at its height. It appeared to him, that
eeehir ;itw as a es/weary move ; lie tiev.:r saw :•• tell hoped ire should be able to go again ;he thought, Mr. Brandon was right in what had been stated, as
as the 0. P. roves in his life. I however, that it seas rather an odd time for a man of to the circumstances of the arrest, and in telling the
hiere the evidence for the Plaintiff closed, and 1 Mr. Clifford's rank to ,t.,0 to the pit, and to go acci- officer ° take care of his hat," as that hat, with the
Se cant Sup:pimtf addressed the .hr y, as : denes4 too ! dr,ubt Mr. Clifford was all amazed I letters 0. P. in it 41 prove strongly his connection
ee for the Defendant. Mr. BrandOn had been at the riot when he went in • but there was no riot,l and participation with the rioters. As to what pass.
to them as a servant to the. Proprietors it seems ! What when there was such howling, ed in the Office at Bow-street, before Mr. Read, aid
Manahers ef Covent-Garden Theatre, and had land sheroinee and noise, so as to prevent every thing though he had a very great respect for the legal,
• .a. ca actfirehonest ac. arge of at), from cog oral. this was not a riot,
• • in ' l. d• 'b • d then it red knowledge of that. reatteiman, he would still say, that t
ahted the Officers to take Mr. Clifford into quired to have some bones broken to constitute oue. in his opinion, Mr. was' wrong discharging.
,•••.iikly. The facts of the case would soon ha corn- He thouoht if two or thee people pier together so Mr. Clifford, if an person had offered. to swear
,
laid lacfc.re them, and as to any doubt in' as to prevtat all hearing, it would cou6titele bad those letters 0. P. irk his . Mr.

,

I Brandon's case swat this :--tlaat Mlr. Clifford was.
either rioting himself, or encouraging other people
that were ibiotiug. If this were made out, his case
was established ; if it were not, he must then al-
low that the case was not made out. He believed,
',however, that it was impossible for common sense
to suggest any other reason for Mr. Clifford's going
to the pit and wearing 0. P. in his hat, except that
he went there either to join in the riots, or to counte-
•nane and encourage them. His case was proved by
the witnesses of the plaintiff, and he would leave it
confidently to the Jury under his. Lordship's direc,
tion to say, whether the riots had not been proved ;
and whether Ms. 'Clifford, by wearing the ensign of
the rioters, had not made himself' a participator in
their acts. When persons of a lower order saw, those of
higher situations of life, and wholiad superior means
of information, join their ranks, and wear their
ensigns in their hats, they supposed those inn to
be equally pledged with themselves, and were there-
fore the more encouraged to proceed in their riotous
courses. The only question then would be as to what
constituted participation, for it would be contra?), to
every idea of justice, that the fomenters of distur-
bance should go unpunished, and that the miserable
miscreants who had been misled by their authority
and example should have the whole weight of the re-
sponsibility. If any observations had been made in

this cause, which were. likely to hurt the feelings of
the plaintiff, it must be recollected, that that Gentle-
mrm had voluntarily come forward on the present
occasion, and mado these observations nece.,:sary. He
was not bmught into the Court that day as a defen-
dant, but had voluntarily come into it as a pl
This situation was as much one of his own clmice, as

it Was to appear in the Theatre with 0. I'. in his hat.
He felt a:steong confidence, that the verdict of the
:fury
in the present case would have a powerful effect
in putting a stop to those disturbances, by which this
great town was now aeitated.
tilt lents MM.:mm.l) (after a short conversation
with the Counsel about the proof of Taunton's being.
a peace officer, as alleged in the different pleas of tie.
defendant), addressed the Jury to the follewing ef-
fect :--g, The present action is brought. by the plain-
tiff, Mr. Cliff ,rd, against the defendant, Mr. Bran-
don, for false imprisonment. The fact of the impti-
sonMent is confessed. The plaintiff was taken to
Bow-street, before a Magistrate, and immcdettele dis-
charged. Nobody has given any account ef the tiaras
don of the imprisonment, aid it must frem the cir-
cumstances of it have been only for a short time,
probably not more than half an hour. Mr. Brandon
justifies the assault and imprisonment by saying, that
Covent-garden is a public Theatre, iiceuced forehe
representation of Comedies and Farces, and that &w-
-ing the said representations, there was a considerable
riot, and that the plaintiff was en instigator of the said
riot. There have been some minor consideration; of
law in the course of the present case, het the first
great question for your determination iss Whether Mr.
Clifford wasinstigating or encouraging the riots, at the
time he was arrested ? It has been said b 3 the plain-
tiff, that as Mr. Brandon was merely a private per-
son, he could not legally.arrest any person after the
riot bed ceased. It had been said, that there was no
evidence of Taunton's behig a peace officer, as alleged
in the pleas of the defendant, or of Mr. Brandon be-
ing a servant of the Theatre. If the Jury should,
however, find a verdict for the defendant, he would
save to the plaintiff the point riapecting the antieni4
of the persons who made the arrest, to be argued at a
future day. It was sufficiently in evidence that
Covent-garden Theatre was a place where plays
were publicly represented. The plaintiff knew it to
be so at the time he went to it, and made no objec-
Lion at the time, either on the ground of illegality or
of the prices. It was, therefore, to be taken as a mat-
ter of notoriety which was known to the Map,istretes,
and all the world, that the Theatre at Covent-garden
was a public place of amusement. The second ques-
tion for the Jury to consider would be, Whether, if
they believed the plaintiff had been active iii iestigae-
ing disorder and riot at the Theatre, he was illegally
unrested by Mr. Brandon, after the riot had ceased ?
it appeared from the evidence addeceJ by the plaln-
ta that there had been perpetual liens at Covent-gar-
-4 den Theatre fer a great number of niglos. Mr. hie-
kins, the first witness said, that the noise was so ined
that he could not till by the information of Ilia ears,
what was going forward en the stage. Won, of such
a nature went of course to put an end altogether to
dramatic representations. He could not tell upon
what grounds many people conceived that the-y had a
I.right at a theatre to make such a prodigious noise as
to prevent ethers from he tring what was going for-
ward on the stage. The Theetres weranot absolutely
necessaries of li'te, and people were at liherry to stay
away from them, if there was any thing in :he ma-
nagement of them which they die not approve of.
1 The word extortion laid been used by toe Counsel for
the plaintiff ; but he could not see how it creed pos-
sibly apply to a Theatre. If a man, holeing a public
office, were to demand more than his latsful rhea this
would be extortion, and the law would perish him for
it ; but he could not see how the tern could apply to
' the Proprietors of a Theatre. When the old Theatre
was 'burnt down, the Proprietors were not bound to
build another Theatre, although they had a patent
which allowed them so to do ; but if ti.ey chose to
( build a Theatre, and risk their ferome upon it, they,
and they only were the judges of what was a feheand
reasonable price to ask for admission into their The-
atre. It was for ehem, Who knee the erpences .they
i had been put to, to settle what was to be the admis.
sian prices, from which alone they could expect to be
indemnified. 'lt was almost impossible that. these
I could be any thing like eetortien in the prices they
should fix, ?or if the prices were unreasenablee the
evil would cure itself, as in that case people would
not go to their Theatre, and in a very short time they
must be absolutely ruined and undone, This. was a
!sufficient security to the public against any unreason-
able prices being demanded : but the Proprietors of
the Theatre had a right, like other peepk, to menage
their property in their own way, and to he what prices
iof admission they thought proper. The Learned
Counsel for the Plaintiff (Mr. Serjeant Broi), seemed
to consider, that if the prices S 3 fixed were beyond
what.wasjudged reasonable by the public they had a
right to eepress thelr dissatisfactein in the manner they
had done. From this dactrine he must altogether dissent.
If the Propric--- ' ' e the , sditii
of their patent
obteinieg a to
and if they hat

• ,

!'

ietors had acted contrary to ;ale conditions
:nt, 111.4 patent itself rpight be set aside by
:tire fac;as from the Court of chancery ;
aad not aced contrary to their pataals talit
•►

'I

(~
~~

EA+

. •
had merely fixed a price. on the admissions, which
apreared unreasonable to indisti-duals, those individu-
ah; might stay away, and afe.-Managerkrold be
compelled, by a sense of their own interests, tp fix
a fair and reasonable price. As to the private boxes,
he believed there were some in the lila-Theatre, and
also in Drury-lane Theatre ; and he could not sir
why the Proprietors had not a right, in this instance,
to use their 'own property at their discretion. He
Conceived it impossible that any thing which had been
so done by the Managers in raising the price, or in
making same boxes private, could be any sort of jus-
tification in law tet such scenes as took place on the
right in question ; scenes wh:ch were a disgrace to
the country, and which tended to bring us back to a
state of barbarism. If questions of this nature were
to be determined by multitudes of rcork assembling
tumultuously, and behaving in such a rnenne: as to
frighten numbers 'rem going to the Theatre:. there
would be an end of the law. It appeared in evidence
that such was the behaviour of many people in the
pit, that it was necessary to stand upon the benches
for fear of being crushed. Under those circumstances,
nu man who had net very strong nerves could ven-
ture to the Theatre ; or, at all events, no man would
suffer his wife or daughter to go there. It was time for
the public to understand that the proceedings which
had lately taken place at the Theatre were illegal in the
highest degree, and that all those who participated in
them were liable to he punished severely, in proportion
to their offences. The tumults which had lately
taken place, were compared to that noise which had
at all times taken place at Theatres, in the imme-
diate expression of the feelings of the audience upon
a new piece, or the merits or defects of a particular
actor. The case, however, was widely different.—
The audience had, certainly, in those cases, a right
to express, by applause or hisses, the sensations which
naturally presented themselves-at the moment; and
nobody had ever hindered, or ever would hinder,
the exercise cf that sight ; but, if any body of
peopl- were to go to the theatre, with the deliberate
intention of hissing any particular actor, or even
of damning a piece, there could be no doubt but
that such a deliberate and preconcerted scheme
would amount to a conspiracy, and that the per-
sons concerned in it may be severely punished.—
This being the law of the case, it was for the Jury
first to consider whether there had been any riots at
the Theatie on the night alluded to, and whether Mr.
Clifford was not to be considered as an instigator of
those riots ? The law is, that if any person encourages
or promotes, or takes any part in riots, whether by
words, signs, or gestures, or by wearing the ensign
of the rioters, such person is to be considered as a
rioter, firr in this care all arc principals. If any per-
sons endeavoured by riot, tumult, or disorder to effect
an illegal porpoPe, it came under the legal description
of a riot ; and it was not necessary, to constitute that
crime, that personal violence should have been com-
mitted, or than the house should have been pulled to
pieces. He was clearly of opinion, that the scenes
which had been described did amount to o riot ; and
lie thought it could not be said that it was not with.
out some terror ; for he believed none of the JUry
would venture to permit their wives and daughters
going there during those disturbances. Would it be
said that the mock fights which had been described
did not occasion some degree of terror ? Must not
men who entertained a different opinion, and were
fr:endly to the Managers, expect to meet violent ih
treatment? He could rot conceive under such cir-
cumstances what could have brought Mr. Clifford to
the play, or induced him to take his seat in the pit,
except for the purpose of taking part in those tumults
and riots, or at least to counter:l.lm avid encourage
them. The noise was described by hi-; particular
friend, the first witncsc, as most outrageus : he had
compared it to the noise of a thousand drunken sai-
lors ; and said that it was impossible for him to hear
what wasgoinK f.•rward on the stage. When Mr. Clif
ford came into the pit, he was welcomed by the salu-
tation of " Env caw.; the h:lttst Co:it:ld/or !" and way
was made for him to go to the centre nf the pit.—
Ile Learned .Indge here slinrtly recapitulated theevi-
cience...],--As to the plaintiffs r.:ak and situation Co
the NVOI Id, it made his n'aple eeeeliarly ririchicv-
oui. Those in an inferior situation, and of less know-
ledge et the law,. thonelo his example was a protec-
tion to them ; *ad, thixe!circ, his wearing Q. P. in his
hat produced a x-ary different effect front what would
have been the consequence of similar conduct in a
person of very infliior sitoatioa. How did it happen
that lit his eirtrance v..as saluted by the o;iserva-
tion, " Ilere c. roes the h.mt-t Counsellor ?" • HOW
had he deserved this f.ectiliar panegyi ie ? How came,.
it, that a word f;orn h:m wa-. suflis;.ent to prcyent a
man from 7pri:-;:ing his ra::le ? That was a circum-
stance which prov:l that he had great taPaience and
authority among than. If he in any way cuceura-
ged the tic.ters, lie was ~,z;1-y. Why din he go to
the thevre ? as it f. r the purpose of seeing the
play ? Dia he not koory tle meaning of the letters
0. P. ? and if lie did, why did be allow them to re-
main in his hat—unless for the parpoF of encourag-
ing these people, by his extlmple, And impressing
upon them an opinion that they were right ? He first
told another person that there vas no harm 'in wear-
ing the 0. P. and afterwards permitted those letters
to be placed in his own hat. Upon ail there circum-
stances, it wits f it the Jury to exercise the:: lodgments,
and consider whether be was not assisung or encou
ra:zing those riots?
The next point was as to the leselite of his eppre-
hensions. He must al ow, the rtilc of law was, that
no private person could an est another for abate breach
of the peace, at a time subsequent to the commission
of it, without a warrant from a Maoistrate. If the
riot had beat over a long time, and
taken the 0. P. out of his hat somehow,. before, and
mood to give any to.sintanee or encontagemetzt to the
rioters, Mr. Brandon, or no Other private person,
would be just;li,!d in arresting hint without a r'arr:llt
for such his past offence. There was a contrariety of
testimony as to the fact, whether the performance
was, or was not, completely over? If the performance
and the riots had lieu completely at an end for the
night, the arrest would certainly not be justifia'ple in
law. law a private person had only a right to ar-
rest a p• rson rioting or breaking the peace at the time
of his et mmitting stub offence ; but the Jury would
cowider, what was the ordinary and fair signification
of the woids at the time of his committing the said
offeece," an I whether they did not apply to the el:
Fan:slams to der which Mr. Clifford was arrested'

If, however, the Jury should find a verdict for the
plaintiff, he•would request them to state tp.-thn the
grounds upon which they so found, whether it wsts from
their opinion of the arrest being illegal in point of
time, c.r whether they did not believe the plaintiff to
have assisted or encouraged the riots ?
The Jury then retired to consider their verdict.
Sir JAMES MANSFIELD then addressed himself to the
multitude that filled the Court ; and said, that he
hoped the many who had been misguided, wool('
now understand that their conduct was illegal, and
that it could no longer be endured ; and that they
would subject thernselves to very heavy punishment,
if they persisted.
The Jury, after an absence of about ten minutes;
returned with a verdict for the Plaintiff—Damage:five
Pounds.
Sir JAMES MANSFIELD wished to know the grounds
of the verdict. The foreman of the Jury said it was
their wish to give a general verdict, without entering
into the particular reasons of each individual. lie
afterwards said, that the Gentlemen of the Jury were
unanimously agreed that the arrest was illegal, al-
though some were more influenced by the manner
and time of the arrest, and others thought that Mr.
Clifford had not, merely by wearing 0. P. in his hat,
become a rioter, so as to justify his being arrested.
Sir James Mansfield expressed much regret at the
i verdict, from which lie feared very ill consequences
were likely to result.
The trial lasted from ten o'clock in the morning to
four in the afternoon. Before the doors were opened
for the admission of the public, several persons got in
and filled the galleries. A most violent rush was
made when the Court opened, and, in short, we never
witnessed more anxiety on the part of the spectators I
on any similar occasion. The Hall displayed a nu-
merous body of persons of all descriptions. Several
fights occurred, and many persons were severely
bruised by the pies-ore. The gallery on the felt of
the Judge was hired for some of the defendant's ,
:friends, but in consecpience of the crowd, but few of
them occupied their seats. • Mr. Kemble was in Court.
with Mr. Brandon, and several of the performers of
both theatres. When the Special Jury appointed to
try the cause was called, there were but five Gentle•
men present, and the rest of the Jurors were called
from the Common Jury. The Foreman of the Jury,
Mr. Pitt, was one of the Special Jury.
A number of Ladies were impelled by curiosity to
visit the scene of litigation ; they were, however,
soon forced to abandon their object by the pressure of
the crowd.
Mr. Clifford was in the Court of King's Bench,
defending an action, brought against Mr. King, for
a libel in The British Guardian.
When the verdict of the Jury was made known, it
was received by the many in the Hall with a shout of
approbation, so loud that Lord ELLENBONOUGII was
obliged to pause till it subsided, in the midst of his
charge to the Jury, in Mr. King's action.

THE EVENING STAR.

LONDON.

EDNESDAY, DECEMBER G.
PVC/T. OF STOCKS THIS DAY AT ONE O'CLOCK :

S per Cent. Cons. for ou. 7011.
3 per C. Reduced 696}-omnium pr.

We mentioned yesterday the arrival of dispatches
from Cadiz. They were from Mr. FRLRE (not Mr.
JACKSON, as printed by mistake.) and are of consi-
derable importance. There have been some move.
ments at Seville, indicating something like 'a revolu-
tionary spirit, arising from popular discontent, ex-
cited by the apathy of the Central Junta. We have
not been able to learn the particulars precisely ; but a
l;rother of the celebrated Genera; PALavox. has been
arrested at Seville, -cli:.:rged with being concerned
with a Count Moxwo in a plot against the Govern-
ment—that is against the Junta. —No battle had taken
place, as reported yesterday; but the Spanish army
of La Mancha had crossed the Tagus, on its march
to Madrid, in the vicinity of which a battle is it stems
expected to take place kelore the Patriots can take
posses4ion of that capital.

Paris Pap,;is to the 29th ult. and Dutch to the 2,1
instant, reached 113 last night. The EmPaEss of
At ST WA is recovzred from her indisposition. A
Proclamation, pretended to be from Horwt to the
Tyrolese, advising immediate submission, appears in
the French papers ; but the stile and composition be-
tray evident marks of fabiication.—The Arch-Duke
CHATILES is dangerously was to be eva-
cuated by the French on the 19th ultimo.--Some
disturbances have taken place in Gallicia, and both
French and Austrian troops were marched towards
that quarter. A serious insurrection has also broken
out in Bosnia. That in Carniola is said to have been
•
queilcd.
Ail the accounts from the Continent concur in re-
preserting the. passage of Frc..nch troops towards
Spain a, :neessant. They march with their usual ra7
pidit, never halting twenty-firar hours at any station.
Ti:c press of mattor which demands insertion in our
columns this day obliges us to be very select in our
extr 'cts from these papers. The following are the
most imporl.r.nt articles they present :
MIRGOS, NOV. 6.

ge A Spart;sh corps, of fr:7m 30 to 33,000 men, had
marched to Salanianc:l, hich ‘%%:s ccctipied by one
battalion only of the sixth corps ; but the arrival of
General K ER NIA at the head of several regiments,
and of General Dr.ssoLE.s, with the division of reserve,.
enabled the (tit corps to resume offensive operations.
Salamanca was carried with fixed bayonets, and the
insurgents completely defeated.

MADRID, Nov. 6.

. _
Authentic intelligence bass been received, that
100,000 choice troops are on their march to Spain.
His Excellency Marshal Duke of DALMATIA arrived

the slay before yesterday in this capital: He has
Surrendered the oommand ofthe sth Corps w Marslral
Duke of 'rimy's°, and now performs the functions of
Major-General, under the immediate orders of his Ma-
jesty. Preparations, it seems, are now every where
made in Spain for the arrival of his Majesty the Ern-
peror and King, preceded by a numerous corps of
troops. The English, as well as the members of the
j Junta, who are in their pay, tremble at the name of
the saviours of the country"
" BAYONNF, NOVEMBER ;6.
di Every preparation is making liere f..)r the receli-
tion of our beloved Emperor.
a The honorary guard, on horseback and foot, is
again in activity, and exercised daily. It has under-
gone some change, by which it is rendered more
elegant.
" A number of English, Portuguese, and Spanish
prisoner* every day pass through this city, on their
way to France.
a Marshal NEY (the Duke of Elchingen), is ex-
pected here every moment. He will again take the
command of the sixth corps of the Arnly of Spin.
Our Mayor has, by a. Proclamation, announced
the speedy arrival of a great:number of troOps, who
are on their march. From 20,000 to 25,000 men are
already mentioned, who will pass through this city
between this time and the 2d of December."

The Gazette of last night contains ;he official de-
tails
of the reduction of the lonian Islands of Zante, '
Cephalonia, Ithaca, and Cerigo ; but the length of
the Trial CLIFFORD v. BRANI/ON, and of the proceed-
ings yesterday in the Court of Common Council,
have so completely occupied our columns, that we
must defer their insertion till to-morrow.

The CALYPSO Sloop of War, and the ACUTE Gun
Brig, arrrived yesterday at Yarmouth ; and the
EXCISE CUTTER of Harwich, with a transport with
ordnance Stores in tow, and the ANAcimom (173)
transport, with 350 troops; same of them sick, have
arrived at Harwich. All of these vessels left .Flush-
ing on Sunday, at Which time all the necessary
movements for abandoning Walcheren were in full
activity. Thirty sailors had been landed from e4ch
of the ships of war, and were busily employed
in destroying the works. So rapid were tilt
movements that the island was expected to be
finally abandoned on the 6th, (this day.)—
The ACUTE brought with her to Yarmouth, forty
sail of transports, having part of the troops on board.
They d4l not, however, enter that port, but proceed.
ed to Harwich.

Oxior n ELECTION.—Lord GRENVILLE'S Commit-
tee and Friends, both in town and various parts of
the country, having persevered with greatindustry to
circulate reports of Lord ELDoN's intention of with-
drawing from the contest for the Chancellorship of
Oxford, and agents having been employed in different
places more effectually to propagate and disseminate
these reports, notwithstanding the repeated and posi-
tive contradictions which have been given to them
both publicly and in private, Lord ELDON'S Com-
mittee are under the necessity of again repeating, that
such reports are now, as they ever have been, totally
void of foundation ; and confidently hope that his
Lordship's Friends, instead of allowing such reports
to have the effect they are intended to produce, wills
feel themselves carted upon more anxi usly to exett
themselves to support his Lordship on the day of
Election. In addition to these absurd reports, and
for the same laudable purposes, another has been
given out, equally well founded, that Lord ELDON is
about to resign the Seals.
An American vessel bound from New England to
Tonningen, has put some letters on shore at Dover,
dated Nov. 7, but they do not enable us to state any
thing further on the subject Df the progress of Mr.
JAC:: AWS mission. Mr. President MADISON arrived
at Washington on Sunday, the Ist of October, and,
on the following day, he gave audience to Mr. JACK-
SON, since which time their interviews have been fre-
quent. A letter received by a respectable House in
the City, states, that the usual period :or assembling
I Congress had been postponed from the 9th to the 28th
of November.

We learn from Halifax, under date of the 9th ult.
that Admiral Sir ALEXANDER CocunANE was then
there, but was taking in provisions, preparatory to
his departure for tarbadoes with the squadron under'
his command.

Monday, the East Kent Militia commenced . its
march fican Winchelsea and its vicinity, for Salis-.
bury.

Monday night, the ship Leander, Mr. JouN May
master, from Cadiz, bound to London, with a cargo
of wool and salt, was attempted to he boarded by a
French lugger privateer, off the South Foreland, but
the crew of the Leander, consisting of 17 men, most
heroically beat her off thrice successively, with their
boarding pikes. In the conflict, we regret to state
that one man was killed, and another so badly wound'
cd that he died of his wounds. The master, mate, and
two others, were also badly wounded. The third time
the lugger was repulsed, as she dropped a-stern the
crew cf the Leander fired their stern-chase gun into
her, loaded wi li round grape and cannistcr, which,
from the groans and • confitsjim, must have made
dreadful h:tvocl: on 'board trie lugger, which quickly
made off. After the lugger had disappeared, a Re-1
veuti2 cutter hailed the 14ander, and inf rmed the
crew that they had seen the lugger.
We are happy to announce tliat them was no truth
in a report circulated some days ago, of the less of
the' v •ssel.sent with the first copy of Lord COLLING.-
IVO Vs dispatches. The -PIIILObIEL was the only
V.s,el sent, and her long passage was owing to tem-
pestuous weather.
Tuesday, a most unfortunate circumstance occur-
ree, to a lad of the name pf Warren, who, by laying
hold of a slack rope, when at the Mait-head of the
Isle of Wight hoy, fell from hence, and died in two
hours afterwards of the bfuises he received.

MTELLIGEfiCE.

PLYMOUTH paid PLYMOUTH-DOCK, DFC. 4.

Arrived the Mats of this port, DANIEL Ricut.r;
master, from St. John's (Newfoundland), after a pal.,
sage of 12 days, laden with fish, bound here for urdcrsi
sloop John, of Bideford, WILLIAM CURT[; master,
from Cork, last from Falmouth, with provisions for
this port; American ship Ann Williams, DAYTO;i
master, from New York to St. Sebastian's, detained
and sent in here by his Majesty's ship NW:EN,
MICHAEL SEYMOUR ; the American ship Amiable,
ANDREW HEDELICE master, of and from Philadopb;;;,
to at. Sebastian's, detained and sent in here by Lis
Majesty's ship VtuoiNtE ; his Majesty's ship JA:.lAic.t.
from Newfoundland ; and OaEsTus, of 18 guns, flout
a cruize,

Wind S. S. W. still blows a strong ;Pale, which 1121
prevented the sailing of the Ool.nfiNcri and trans:
ports for Corunua I they will start the nuanent the
wind is fair, as will the Hussaa and other ships O.::
are now weather bound.
Arrived the ALBIO hired cutter, with dispatc3::
from Rochetert, relative to sonic movernent arrani;
the enuoy's ships pp the Charante.