The Statesman.
London, England, 1809-12-07 00:00:00

irascible ; bet he thought that if he had been
dateline at Ike playhouse, and a perfect sir anger
lead taken of his hat, he should hate been
very apt to say, " What the Devil do you
mean by that ?"—M r. Clifford must have seen
that 0. I'. was the ensign of riot in the Pit,
And yet we find that he adopts it. Had he
nut beets known, he might have hail this excuse.
he might have said, st ho could have tlieught that
-they would have kiwiwu me in this place ? Bit he
was perfectly known : " Here costs the huw't
Corsi-11ot ; make way fur him." CuMmon
would be outraged by any man why should
that Mr. Clifferd wore the 0. P. fur any r
purpose than that of ceconraging those who ante
at that time riuting. standing quietly with his
hat uti, -and that ensign in it, was bet a seecies of
cunning. by which he encouraged others to coin.
mit that which be knelt, in itself to be illeg..l. Ira
man would riot, let hats riot ; but do nut let hint
stand by and see other, ran all the risk. lie
was been(' to comment thus strongly on the con-
duct of Mr. Clifford, nut only frees the acts of
that night, but by reason of this action, fur what.
ever might be supposed, he came there no 'ohm.
leer for Mr. Brandon, who, aotwitlistanding the
placard of " Discharge Brandin'," he considered
as the honest and confidential servant of the Pre.
prietors, whom he hoped Mr. Brandon would, for
years to come, continue to serve. He would take
leave to say, that Mr. Brandon deserved the cunsi-
deration-of the Public, fur the diligence. and po-
liteness, which, during the many years he had
been the boz-keeper at that Theatre, be had shown
to every person, previous to these unfortunate
events. 'rho only question was, whether Mr.
Brandon had a right to take up Mr. Clifford, as
lie had done ? The Jun might have observed the
anxiety of his Learued Friend, to shcw that Mr.
Clifford was gone away, and that the riot was
over before he was apprehended. Whether he
was taken in the Pit, or whether he was taken in
the passage, be was within the walls of the house.
If a riot were over, and a person is gone away,
you could not, hours alter, take him up without a
warrant ; but if a body of persons aro got toge-
ther, and rioting, the constable is not bound to
rhsh into the midst of them, at the risk of his brains
'being knocked out ; he might wait until the riot-
ers began to separate, and then seize them as they
were going, without a warrant. Su in en assault :
it was not whether the assault_ was ever, or whe-
ther it was continued ? A than might be taken ue
fur felony, without a warrant ; but " suppose a
man were to knock sue doers (said the Learned
Serjeant), cautiot I take him up as he is going
away. %Viten I get up out of the kennel, is he to
say, you cannot touch we, lam quiet; the avatilt
is over ; it was over the moment you were knock.
ed down iii the kennel." Sometimes the constables
had rushed into the Pit ; but then it was •ecn, that'
they either could not take the rioters, or that
mischief must ensue ; and if the law should say
that they could not be taken, when dispersing a'_
ter the cummission of a riot, they must escape.—
Suppose that there should he a riot ore% en a mot.:
serious description, and that it should be tlieeght
necessary to take the rioters. emitd there he a
r doubt of the legality of surrounding the house with
a body of civil officers, fur the impose of appre-
hending the rioters when they should come out of
the Theatre,although they should, at the moment
they might be taken, not be in the art of rioting ?
Would any man say, that because Mr. Clifford had
got beyond the brat door, that he therefore could
not be leg shy taken ante custody. Mr. Brandon
is provA to have said, 44 take him, and be sure
you take care of the hat." They had marked him
set as one of the rioters, or rather as the leader of
the rioters. When Mr. Clifford was taken, the
witness, Mr. Ilipkins, wished to interfere, and of-
fered to release him ; but Mr. Clifford, in that in.
stance, acted prudently ; he submitted quietly,
and acco npained the officer, without any retes.
(Alice, to Bow-street. Mr. Brandon told his story,
that Mr. Chtford had worn 0. P. and seemed to
be making a noise, or encouraging the rioters. if
the Learned Serjeant had seen ban on the beeches
with 0. P. in his hat, he ettould have drawn that
inference. Mr. Read guys there is no charge
against Mr. Clifford, and tnerefore Mr. Branduu
was not sworn ; hut if Mr. Brandon had made
such a charge before the 'Armed Serjeant, he
should, ender those circumstances, have derided
differently from the Magistrate. That which Mr.
, Brandon said was, that Mr. Claim' was either
1 rioting himself, or instigating others to riot—that
was proved to be the fact. Immediately at the
time of riot, or of dispersing front the rise, Mr.
Brandon delivered hire into the hands of the Po-
lice-officer. It had been proved that Mr. Clif-
ford himself had said it was a Peace-officer. A
man so conducting himself as Mr. Clifford, must
be construed as having been a rioter ; and though
the Learned Scrjeant could call %I-Illnesses to pears
that he did sly something, he should, hustever,
rather take Bee question on the ground that he had
stated, than trouble the Court with his with sic'.
If the argument of his Leanne! Friettil shoul.l lie
pronounced to be law, there could lie no severity
even for the lower orders of suciale who might
be led to tile, when they see a man of rank, Cita_
racier, and cousideration, standing up before
them with ensigns of riot, wire are not acting—
those wile are acting, may be induced to suppose.
that those persons are implicated in, and therefore
encouraging the riot—they niai , in fact, rely me
thus', who are only looking .over them. The l.t
would apply in this ease as if you were
Way of men. The questiun was. what collets
tuted participation ? And, if there was a lastly ies
rioters, a hether political or others, were to be
demolishing houses, and a bye-stander had an et,-
lieu of riot tition him, lie wiedil iiiiquestineaWy be
deemed a rioter, altlioegh he might net act. vo
race on which he had been under the necessity of
commenting at anal lesgth, and in sack levies, was
draws thereby Mr. C. If,. h teeriefere, be hid beets
compel!• to make any oleirrvatiolis of as teed. a-
sant nature, Mr. Clifford had himself only to
for them. Ile had oisibuily to reproach but iitio-
self. lie hoped that the verdict of the Jury
noel() set some men's heeds strait net We sehjiet,
which, though they bed abasdanca of 'ens. tae