The Statesman.
London, England, 1809-11-10 00:00:00

Major Dodd 'nail fur he stadti•liifsl•
cirtemsto- te."
Mr. nt BEST.—''

• 4ilkiesti

' - that is)

SorjeaL._ astiates
the affidavit of Culotiel.Wardie 'alone, the IRMA
would not gratit a nown/riaf,' he beittg4o=',)
but I thought the Coup, would expect •
Wardle to give an account of this tramaktilisity'JL,
Lord Et.t.Eisaortotien..-:" I thinlinlialt.• tee
that extent, you acted prudently %' for le ba.tery '
proper be should give. au'arceinit off"ftlehe is
right* stating his own conviction' ofiffe facts,
but be cannot he witness to them *a new trial,
Should the Court be induced to grant one."
Mr. Serjeant Bern—Certainly ho cannot, my'
Lord; but Colonel Wardle and Major Dodd
distinctly deny what was sworn by the Plaintiff's
brother and Mrs.'Clarke,*at the trial. Colonel
Wardle distinctly state's in his affidavit, 44 that he
did not become, nor did fie ewer intend to be.
come, liable for the payment of the demand
made upnn him by the Plaintiff in this cause."
The evideare given was a surprizo upon him;
he was not in Court, and he had no opportunity
of consulting with his Ceunael at the time ; and
he lays that Major Dudd, Mr. James Gtvnnie,
mad K. S. ['Hepworth, were attending as wit-
nesses fur him, who was auxivus that they should
be examined; but, for want of a proper com-
munication between him and• his Counsel, he
was deprived of the lgenefit et the testimony o
these witnesses ; and Major Dodd confirms Col
net Wardle in that affidavit, stating, that they:
were &sired by Mrs. Clarke to go to the house of
the Plaintiff, Wright, not knowing for what pur.:
pone, at the very time when she ordered the goods;
sad that every syllable sworn to by Mrs: Clarke')
on th*t subject, is false. That they were going to
Clifford's lan, for the purpose of making an lee
spiry on meters connected with the investigation
into the ennduct of the Duke of York; and that
Col. Warble was never introduced, directly or in-
directly, by Mrs. Clarke to the Plaintiff or to his.
brother, as falsely shorn by Mrs. Clarke and Si.
fault Wrtgbt,? and this was confirtled by Major
Dodd.
Mr. JnFtiee BAT LEY asked if any particular was
tad, under a Judge's order, of the Plaintiff's de-
mand.
Mr. Serjeant Bear said there was, but it was a
defective one. Mr. Bills was Attorney for Mr.
Wardle now, but was not then.
Mr. Justice 13.s.ti.ey said, that if the particular
of the demand was defectiye, the Dcfeudant's At-
torney might take 04 a suareous to call oti thei
Plaintiff to amend it.
Mr. Serjeant Built-said, that Colonel Wardle)
had "so little time to prepare to meet this case,
that he. heard •f the demand that was mads on
bile Duly ohe day before she action was brought.
Mt. EMs's affidavit stated that he had taken a
gloat deal of pains to find out facts in this case,
and by which, the Learned Serjeant said, the
Court would agree with hen in thinking that thfi
ease of the Plaintiff in this action was founded hi
s conspiracy, and was supported by gross per.
jury. It appeared now, the Learned .Serjetust
said, that so tar was Mr. Wiight from not gle..
hog credit to Mrs. Clarke,, as she and the Plain.'
tiff's brother had stated, that in July, 1808, just
preceding this trial, one of .the houses which
Wright, the Plaintiff in this action, tuck for
bin. Clarke, was taken in the name of Fer-1
quhar ; the house was taken of a person of the
name of Bull, by Wright? the Plaintiff, for Mrs.'
Clarke in the name of Farquhar, whom he re....
presented to be a virtuotts woman ; bat un find.
ing her otherwise, Mr. Bull remonstrated against
the impropriety of introducing such a person into
* house, and got rid of Mrs. Clarke as an inmate
Ilh about A month. Wright, the plaintiff, had im.
posed in like manner on a gentleman of the haunt
of Kirk, of whom he took a house for 'Mrs.
Clarke, in the name of Farquhar, to whim he
gwe an excellent character, saying that if he' hid
fifty houses she should be the first to hue her
Choice of them. Mrs. Clarke's Mother's [tante
*as Farquhar ; there was a lease taken of thii
house for Mrs. Farquhar. When she entered
this house, 1081.wss Laid for fixtures, by a checque
of Mr.right. The first quarter's rent was sot'
paid when due; it was distraint:4l for—Mr. Weight
paid it. The second was not paid when due ; was '
distrained foe—paid by Mr. Wright.
Mr. Justice BAILEY observed, that basing given
Mfrs. Clarice a good character, Wright might think
himself partly ound to pay the landlord, it she
did not.
Lard EL I. EN acmou•itt observed, that although he
might not be bound to pay her rent, yet he might I
have been liable in dismagey. for haring given to'
/rs. Clarke a chiractevoshich she did out merit.
Mr. Sorjeaat Best tailed, that it appeared by
the affidavit of Sir R. Phillips, that Mrs. Clarke!
ems to hhn, sayiu4 she wanted 20001. wawa.
tetely. so-pay Wright,. withasst hiss* -thiat-0.4H
Wardle was liable to pay any of it; that she said
twas to nay Wright for the fat-niture, out of
sale of her buo'4, and she held the same lan.l
guar to Sir Richard Phillips, when she came to
Walt at the intercession of a 'bible Lord named hi'
the affidavit, for' the purpose of negociating fel
thosuppression of her book.
Mr. 'Giennie's affidavit gave an account of
the manner in which Mrs. Clarke came to him,
sad asked him to become answerable himself, or
procure for her a hill foe 5001. to pay Wright,
sad of his undertaking to procure a bill for three
months; and she gate him her own note, saying,
.abe should be able to provide for it out of the sale
of her book, and bait! nothing about looking to
Colonel Wardle fur it. 'net Ale. Gleunie had a
conversation afterwards with the Plaintiff, who
never pretended there was any debt due to him
from Colonel Wardle ; that be tweet became re-
sponsible for the payment of any money for his
furniture; that Wright, the Plaintiff, repreSented
to Mr. Giennie, that he had given Credit to Mrs.
Clarke for the furniture sent into her hone, in
the hope of her being able to pay the debt dee to
him, which another person bad promised th pay,
hat who had since refused; that Mr. Glenuie hint
soother conversation with Mrs. Clarke, -when
she appear,d displeased at his remark, saying,
44 What is it to Culotte' Wardle whet holm and
furniture I have l.'s le eggi to pay for iv' This

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