The Statesman.
London, England, 1809-12-06 00:00:00

COrEN7' 9.411 DEN.
CLIFFORD, Esia. r. BRANDON.
COURT OF comatos PLEAs,
Tuesday, December 11.
The interest excited, by the expectation of this
tri.tl, so important to the Liberty of the Sabjecl,
1 attracted a great Concourse of people in West..
minster Halts at an early hour yesterday morning.
About a quarter past ten o'clock Sir JisiEs
NIAmertELD, the Chief Justice, appeared on the
Bench, when the names of thu peciol Jury were
called over ;lint, of the numbei summoned only
live appearing, the places of the absentees were
Opfilied from the Common Jury.
p6R.v.
!STEPHEN rflT, Church-sirret, Remingto.t, Esq.
EIDWARO JENNINGS, Young-street, ditto, Esq.
WILLIAM DAY, Week (irree, Eq.
(ILORGE SCOTT, tipper Ma, Hammersmith. Esq.
THOMAS ROGIaItS• York Building% Esq.
me abase were the oily fire of the Special Jury.
THOMAS GREENWAY,!
.RICHARD NORTIN,
GEOROE READER,
JOHN SEYMOUR,
THOMAS RYAN.
WILLIAM BESt,
MARK COOK,

Taks Men from the Cutn-
nano P.uutei.

Mr. Rummtwarow opened the pleadings.

The declaration stated, that thi Plaintiff had
been assaulted at the public Theatre by the Dc.
fendanty.sioanes Braittlos; had been seized by his
directions, and afterwards imprisoned ; but, on
going before the Magistrate, was subsequently
berated. To this the Defendant had pleaded,
first, the general issue, not guilty—and next,
seven pleas of justification. The substance of
these pleas was, that the Defendaut was a servant
at Covent Garden Theatre, the Proprietors of
nkich had a licence to perform Tragedies, Operas,
'Plays, and Farces—and to take, and receive,
reasonable sums of money, for atfutissioti, fur the
same. That the Plaintiff had made a great noise,
and tumult, in the 'Theatre, to compel the Pro-
prietors to lower their prices of admission, which
? esies bad
i before been compelled to advance, in
• uence of the burning of the Theatre, &e.
I—wherefore, the Defendant directed Sangre[
raunton, to take the Plaintiff into custody ; and
Oast he look him heroic Mr. Read,uuc of the Ma-
rtrates sitting at Boss-street. The second plea
jitstification wits similar to the-first, except, that
,it charged the Di fendant with having instighteti
the riot. The third and fourth pleas wese
he, with the addition of stating it to be the Mt:n-
itwits, not only to oppose the prices,-but generally
lb oppose the Managers and Proprietors. The
ruh, sixth, and seventh, were nearly) alsoilanr.
these picas, there was the usual rep 'eationa
Mr.Serjeatit ILIEss said', his Learlicii Friedil:flati
avowl the pleadings so judiciously, that he should.
imnsediatcly' procted to state the facts of his
Stain case, 6f the issue of nhieli lie bad no
devilst. The only question fur the Jury would be,
asprelien.:ed, the Traub: m of the damage
•• • .
stotaine by the Plaintiff. It ars, perhaps, to
imilltilykoown, as to render it almost tomeees.
Ofirie him to state, that the Plaintiff was' sit
Wastlemati of •tho law, Mid although of a verj
epiktent and noble family, he was more distils.
vilified. by the urbanity of his manners, !he vivo.
dour of his talents. and the veal vitent of sib
' kisoWledge, titan even by the splend ,ur and re-
fi_peet-thility of
,descent, connexions, and fortune.
The Defendant held sums sort of situation, which
If was not very easy, or perbvs possibie, to de-
,cribe,unier the Proprietors and Managers of Cu-
mil-Garden Theatre, who, it perhaps, ivied be
proper, in the course of the cause, to consider as
the real Defendants, for such in point of fact they
were. The Plaintiff complained, and with great
reason, of having suffered a most outrageous as.
sank onsets person, and, of bavijg suffered great
indignity and insult, in being carried before a
Magistrate at Bow-street, by whom he was, how.
ever, discharged, on hearing what the Jury could
not hare the satisfaction of hearing, Mr. Bran-
don's charge. The answer to this serious charge
.aganist the Defendant was, by one still more se-
rious; and such as certainly he should shew, by
undisputable evidence, was utterly destitute of
truth. There had been, as was asserted, a riot in
the Thritres..in which riot the Plaintiff was must
falsely accused of being concerned ; and that was
the reason assigned by the Defendant for the as.
sail!, and itnprisonment of the Plaintiff, trr to
use their own language, of bringing hist to jai).
ties. Here the Learned Scrjeant observed, that
before he entered iniutitaly into the merits of the
case, he felt it incumbent on himself to state, that
he should feel it to be degrading to his rank and
situation in society, were hu to contend, that the
illegal conduct of the Proprietors and Mapagen
of the Theatre, could justify an endeavour to ob.
lain redress by rioting, that is, by force and vie.
'mace. The Proprietors might be guilty of ezttp.
tioa, but that he certainly admitted would
isnaify riot. The pleas which had been put.ias
:were-very comprehenslro in their juvotificittioitrithi.
if in all their part', they should bc supportetrtia
the satisfaction of the Jury, they would be an:4Bw
ewer to this action. But it would be a lamentabli
restiltt if, instead of proving those pleas, it should
-turn

out, that the riot, if any there was, could by.
no possibility be imputed to any cause Des! to the
Managers ; who, by their conduct had larovnked
the indignation of the Public. If they should enter
minutely into the circumstances, on which they had
pretended to ground their jumilication,be should be
a:W.6n allow, to the satisfaction of the Jury, thitt
the-riot, if any such there were, originated with
the stage, and nut with the audieece ; who were
acting inure, much more, within the pale of the
taw, than the Managers.—" What, Gentlemen,"
said the Learned Serjcsnt, 44 I here undertake,
and unequivocally pledge Myst-if to shew you."
In considering the quantum of damages, it was
highly important, to consider, the conduct of the
Managers, for, if it should turn out that there
was no riot—or, that there being such, the Plain.
till had not the smallest participation in the tn.
mult, the conduct of the Managers, mast appear,
under circumstances of great aggravation; sot( nu
damages could be too great. But, he was sorry
to say) that the moderation of kis Learned Friend

STATlM;Aiev.iic

ADDRESS.

•

9'41

' '

•-_ - •
_ • •
(I he Ptiiintilf), had Win talbst‘lllifit-orillrisipsiii
.kie to `Me treat dalattwl 144-u ladllosiodeilt
-'-•kees *sin inind.,%zradit *as
.1101-daikicy

by which he had regulated kielebitsl*tielietitig
to avoid, even the possibility of"ies~ii 'Oat Ise
'came into that Court seteet the aisiwidf Makinkiel
profit of the -Defendettetw-he had .unty:feld hie .da.
maps at 1001. -which.-Welj conbegirently,,•thilill
extent of what he cont.! recover• of tit ifiloaftess
which the Jury, by their verdict, might give iska;
nut one farthing would ever find its way .idtd.hile
pocket. Whatever his Learned Frioud the Plaim.
tiff, might recover, the whole of it, avut.ld be ap.
plied to the roserlion of the iojtYred rizhts of the
public..." that," said the Learned Serjeant, ") I
have his authority for saying." The Address of
the Proprietors, which appeared in the Public
Print., previous to the opening of the Theatre,
he apprehended, the Jury had read as, however,
it was an important document, he should read it
to them, as perhaps it might not be entirely in
their recollection.

The Learned Serjemit then read the Address,
commenting on the several passages as he pro-
ceeded

" Oa the late calansitors destruction of their property, the
" Proprietors, encouraged by the renurnbrunce of former pt.
•" tronage,"

You will Brion see► Gentlemen, what return the
Proprietors made for this acknowledged patronage
of the public--
•• instantly and cheerfully applied themselves to the erection
" of a new Theatre, solicitous only that, without enlarging
" the =idlest* part of the edifice, it might afford the Pebtie
" insproved occommodestion and security, and at the %tate
" time present an additional ornament to the Metropolis of
" the British Empire."

With respect to the accommodation of the public,
if any of you Gentlemen have been at this accom-
modating Theatre, you are perhaps-able !o judge,
of the correctness of this assertion. What the
Proprietors might mean, by the public, it is nut
ciisy to (Urine. By the public, I, du out under-
stand, those only who from profuseness, ostenta-
tion, fastidiousness, or profligacy, think it worth
while to spend 4001. per annum, on a Private Box.
By the public, l Mean, the great body of the people.
Gentlemen, I may, I
trust, be here permitted, to
speak in my own person. 1 have been in the Two
Shillings Gallery of this splendid and accommoda-
ting Theatre, in which, the publie,", are so well
accommodated, that iii the back toe stage
can scarcely be seen, without the asiistance of a
telescope. This,- Gentlemen, is accommodation !
I have also two present, at one of these alleged
riote;.l; Gentlemen, am of a nervous habit, and
:therefore, cannot be supposed to be less liable to
apprehension thou others ; but I declare; that I
never felt the least- personal fear of danger from
what was passing. That there was noise, .1 can
testify ; and my Learned Friends on the other slide
may, if they cliquse, call sue as allarridettee, but
from what 1 saws., the people appeared amidst their
etpressions -of disapprobation to be perfectly
harmless. •
" Tbis, their now anzior wish, they Utter themselves,
A' they have solidly effected, not truly within the short bare
4: of Motmoottri from the. lay in of the foundat iota, bid usvltr.
." tae etiormoaily expensive iti,:utvaatao of ciresallswes
" singularly unfavourable to hailding."

The solidity of the building, I am not disposed
to question ; and indeed, if the massive pillars in
&ow-street be admitted as the criterion of general
solidity, the structure is, in that respect, most un-
exceptionable.

" When It Fs known that no less a sum than one hundred
awl fifty thousand pounds has hems expended in order to
render this Theatre worth) of British Spectators, and of
Viz Genf us of their Native Poets; when, in this uudertak-
lag, the inevitable accumulation of, at least. a sixfold ten-
tage Is positively stated to be incurred; and when, in midi-
tioo to these pressing inessibrances, the increased and ra-
pidly Increasing prices ofevery article indispensable to dra-
matic representations come to be consiiered, the Proprie-
tors perauade th-nmelves, that in their proposed regulation
they shall be honoured with the concurrence of an enlight-
ened and liberal Public.—Sept. 11, 1809."

Such was the appeal that had bean made by the
Proprietors to the Public. lie called it appeal,
for in what other sense, could that paper be under-
stood ? It was literally an appeal to the Public,
fur their Apprtrlntiou ; and it must be taken for
gnawed, that lie, to whom the power of approving
is conceded, has unquestionably, by inference, the
power of disapproving. If the Proprietors did
not mean that, what, in the name of God, did
they mean ? Did they mean to insult the Public
with the mockery of submitting their pretensions
to the tribunal of public opinion, which opinion,
when publicly expressed, they affected to term a
riot ! ? They were, indeed, insulting the Public,
and that, on more than one point. They had
said, that they had expended 100,0001. more that%
had beet received, is a remuneration for their kiss.
This, they had stsigited as one' reason for the ad.
'lmey of she'priees ; while, at the ,'ory same mu.
mutt, they knew that they acre deriving a certain
net rerelive or 12;0ool. • per atuttfm Hum the Pri-
raielidata;-. This, if they could but carry their
scheme into eiectition, would be more .then tight
per cent.. 46 *Wit refute expenditure ! Thus, by
the pissfitsur the Private timacs alone, • confuJing,
every argument which could he oulduCed in favour
4ur advancing the prices. On the appeal Which
-had been made by tile address to the Public, the,
ylerioat who ilskwn6led, on the opening of the The.
etre, had -exPresseJ their disapprobation, and
that on two points—the increase of prices, and the
private biters. 'Now, if the present Proprietors
ever had a patent, he would assert that such patent
had become forfeited by these acts. A patent,
which secured a monopoly, and expressly with a
view to the advantage of the Pubtl, necessarily
implied that reasonable prices only Shonid be
acted from the Public; and• it. indispn-
tably, incumbent on such Patentees to .thew• that
their prim' ere reasonable. In making this eb.
servation, he was perfectly aware of the refe-
rence that had been made to (Alain Gentlemen
of high honour and respectability. He had the
happiness to know some of them, and sorry he
Wig that they had been' induced to make 'that re-
port ; " fur when I find," said the Learned !1:r.
jesot, " that an investigation, and decision, of