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

sessiwn, agree with the -story *hid! itiff had
told, that tliC 5001. which Mrs. Clarke want..
cd, was on account of the ElOOl. of old debt,
• with which she had been pressed by Mr, Wright?
His ',earned Friend (Mr. -Alley) had taken great
credit (or magnanimity in allowing the answer of
Frauds Wright to be read. The fact was, that
instead of magnanimity this was cuistrivauee; fur
if the answer had not been read, Mr. Francis
Wright might immediately have been actuated for
want of any sort of evidence against hint, and then
he might have gone into the bar as a witness. It
was the reading his'inswer that so far iMplicahssl
him as to prevent Ms being a witness. lie'shOuld
say but little of Colonel Wardle personally, 'but
he would say of hls situation, that he wiW-aman
against whom a verdict fur abOve 10001. had been
lately given, and who had a hope-or expectation
that a Court of Etteity would protect him from the
payment of it. It *lli impaisible to conceive any
person wore interested than Col. Wardle. Ile
was not interested merely by the pecuniary consi.
deratiun, but by his cheracter, which was deeply
involved in the transaction. Major Dodd was also
deeply interested ; who, fro.m his attachment to
his new friend, had sacrificed all his hopes from
his old friend and benefactor. The story itself
was in the highest degree improbable, that a
tradesman would lend property to the amount of
two thousand pounds to a person who already
owed him 5001. and from whom he had no other
chance of payment but lending her money. • It
It was certain that the Wrights were bail fur Mrs.
'Clarke, hut then they run nu risk, as they knew
she could plead her cuverture. By his going bail,
Mr. Wright sheaved a disposition to befriend her,
but by no mean, to give her credit. It was cu.
rious, however, to sec how the testimony on the
part of the Plaintiff in the late action was endea-
voured to be shaken. It was strange to see Mr.
Wardle impeaching the evidence of Mrs. Clarke.
When she was his witness, she was all sincerity,
simplicity, and truth ; but, as wen as she gave
evidence which touched the pocket of Mr. War.
die, then she was every thing that was foul and
abominable. When, by the assistatiee of Mrs.
Clarke, he had contrived to ruin the character of''
another, it would be too hard that he should be
allowed lo redeem his own by impeaching her les.
tiinony. Throughout tiler whole of the insesti.
gation, he del not find any period to doubt her
veracity ; but now wliea her evidence goes to
prove hien liable to a dela which lie legally con-
tracted, then she is every thing th it is fal,e and
foul. There was anather witness against whom
.there was nothing like itnpeacliment. Mr. Daniel
Wright was a most unimpeachible witness, and
if bc could be impeached, it must be allowed that
sufficient 'Wintry was exhibited in the course of
this trial to find out something against him. This
industry was exhibited in suloposisaing no lass than !
three tit the Reyal_Family,, and a number of the
Peers of the Realm. These witnesses, Although.'
subpoenaed and attending, were nut examined,
and he would confidently say, that the only reason
of subincuaing them was, that there shwal the
appearance of sumething extraordinary iii the pre-
sent case, and that the public should
there was something catret and *nlystetimiss in
Whets his Learned Friend talked of " the priaci.
paljeggler," and said that he knew who lie meant,
he must declare that his Learned Friend a-as en.
Becy' euisiaken. lie did ant know or cones:ire
who was meant ; and if be had known, he shauld
have taken care immediaiely to bring that Mali for-
ward, if he aas within the reach of a messenger. If
the.dury were now to pause and consider how the
tau ditiercut cases presented themselves, he would
say that all the probabilities of the case were oil
the side of his clieuts; for it was the most improba.
ble thing in the world, that Wright should have
advanced a further sum of 20001. alien he had lit.
tic chance of recovering the 6001. which hail been
so lung due. There was also hardly a possibility
of construing thu receipt in ally- other nay but as
an acknowledgment un the part of those who
tuck it, that this 5001. was given, not iu consider.
shun of any old debt, but un account or the goods
sent into tne house at Westbourne.place. The
probabilities of the case being entirely with his
client, he believed that the facts would appear so
also, if the evidence was considered, which had
been given by the present Defendants at the for.
iota trial. It was an extraordinary thing that the
Prosecutor did nut venture to examine Serjeant
Best on the present occasion, although be hail been
subpoenaed, and was then in Cuurt. If he bad been
examined, he must have contradicted that assertion
which Colonel Wardle made in his Address to
the People of the United Kingdom. TheAttnr-
tiey.(iieticral then stated the evidence which Mr.
Stukus would give, and commented with great
force on the want of memory in the Prosecutor,
who could forget that there was such evidence air
his power se, cusuinand.
Mr. Stu's; called and examined.

Witness said he was an attorney ; he was ens-
ployed for the Plaintiffs in the former action, slid
for the. Defendants in thi,. lie was summoned to
attetel the House of Cotninoni during tlic late en:
quiry. Before his obeying the sum nuns,' went
to see Colonel Wardle, by his desire—[hero the
summons to Mr. Stokes, and Colonel Wardle's
letter to him, were real]—flu found Colonel
Wardle at breakfast in lira front drawing-room ;
fire was ordered to bc lighted iu the back
drawing-room, Whither he and Culotte! Wardle
retired. He said to Cul•anel Wardle " What
could induCe you to call ma as a witness!"
Col. Wardlosaid, it was to speak 'you the subject
of Ferz's action. Mr. Stokes said, that perhaps
Col. Wardle was not aware of the danger of calling
him, as he was liable to a cross-examination, and
would be obliged to tell all he knew of the in.
vestigation ; he would be obliged to tell that
Mrs. Clarke had told him that slte expected to
derive considerable ad►antage from her evitlctice;
he did not wish to be called to hurt Mrs. Chile,
but if called he could nut help it. Cul. Wardle
was then safe from his eviiiencol as, if he was
called by the utbcr side, he could claim the privi-
lege of secrecy as Mrs. Clarke,* Attorney.
Wardle replied, that if !had was the ruse, he
would not call him. When be wAi there, a:
Mr. Wright Was assatmacol, who

1 Y MOZd• •
Wardle said, was. the epboisterer, who came to
be etamined by hist, upon *Nth he said, he hoped
Colonel Wardle. i 2441. kat
,mean to call bigot as
he would do him Ml4l, Itchier ; because he
~
could not claim 1)60110 ei 1 4fOrnel oinil then
ishis whole circutditancß fCcifonerWarspe tor.
nishieg Mrs. Clarke's he Se would be discovered,
arid also his sending Wright to him to bring an
action against the Dtp‘kp of York: . Col. 'Ward!,
asked him if he thougilit then till;lmre would ho -
danger in.calling Wrighi';
6'• 7 Is:hichSe said, he
1 thought there would, asll ifJ not thkit Wright
world conceal the truth ;) and that jehen if he
I did, he had not head enough to evade the questioh.
Col. Wardle Wen said, 66 Whit shall 1. do with
him?" on whicAlwitnrst said, it w mild he dangerous
' for him to seeYright at all;' and then Cu). Wardle
desired witness to go down himself, and dismiss
Wright, which lie did. After this, he got s
second summons to attend the House of Cgimmotis,
upon which he wrote to Colonel W.irille, and
Colonel Wardle told hint he had not summoned
I him, and if the summons did not coll.: from the
other side never to mind attending, lie did nut
attend, and heard no more on the subject; he
heard W right was not summoned ; he was positive
as to the fact of hi. speaking to Culotte! Wardle
of the circumstance of Mrs. Clarke's house being
furnish.ll; he did not write down his conversa.
Coo with Mr. Wardle; he did nut bring in
IVright to Colonel Wardle when Wright called at
Colonel %Vanity's kit he should be further cum.
milted. lie made no communication to the Duke
of York, nor was there any communication made
that lie knew of ; he never was at Oatlands, but
he once got an order to see the grotto there, which
he gave to some comraon friends of his and Mr.
Alloy's. lie knew Mr. Wilkinson ; he told him
about the furnishing Mrs. Clarke s house last
Michaelmas term, not before it ; his desire to
see the grotto was merely curiosity; he did nut
communicate to any ono what he kuew as Mrs.
Clarke's attorney; lie told Wilkinson, on the in.
dictment for a conspiracy being found.
Mr. A MAY here begged to submit to the Coed
that the evidence just given by Mr. Stokes %as to.
tally unexpected, not only by hi.nself, but by
the whol.: Court, amt merited to be only decided
upon by the A itorney-Gencral, oithin a very few
minutes, to call him, and therCfrll'e he intrettod
the ithltili:etice of the Court fur hee'rhinutes, until
Colonel Wardle could be sent t to be again a.
amined.
Lord ELLENBORTiIaiI said that the Court would
certainly wait five minutes.
The ATTORNEY-GINCRAL expressed his con.
sent, adding, that iie inSited the esrnination iit
Colonel Wardle.
Culoacl Wardle recollected Mr. Stokes coming
to -his house during the investigation. Mr.
.Stokes had - been subpsenaed on the subject. of
what had mac out on the investigation rape ct.
ing Mr. Tew's transaction with Mrs. Clarke. Mrs.
Clarke had pleaded her coverture to that action.
That was thu only reason for summit% Mr.
Stokt'a, that he could recollect.

„ Q.
__ •
••• Q. Did yoo assign as a reastin tin- deeming
” to call. Mr. gibk.., 'list he being tequaitcted
'44 with the transactions between you and Mr.
" Wright, might, by his examination, do you,
?" 46 A. Never."—To thebesr of
my recollection the summons was setit iiW the
ground of her having stated to me that she had
raid the debt, after having surcessfelly pleaded
her covert:ire. That fact I reeMieet we did prove",,
I believe. by Mr. rew ; other evidence was uncle.
cease ry. ti ..s. • .
46 Q. Did Mr. Stokes 'they shat: t° you, that ,
64 Wright's evidence would be dangerous to you,
64 its consequence of his furnishing Mrs. Clarke'a
66 house ?" c. A. Certainly not."
• The ATTORNEY-GENtilttL then expressed a
wish that Mr. Wardle would leareihe Cohn ; on
which
Mr. ALLEY said, that finding so unprecedented
an attack had been made, and was about to be con.
tinued, on the credibility of his client, he trusted
he Should be ;aermitted to call witnesses to the ge.
tiers! character and reputation of Cul. Wardle.
The Arroamar•Gattcam. opposed this ; amid
Lord ELLemsoaoucu said, that the admibaiuo
of evideuce to support the credibility of witnesses
that had been contradicted, would lead to cotlless
inquiry. There would be no end to compurgators.
The ATTORNIET.GENIMAL then begged leave to
make a few remarks of the evidence that had just
been delivered by Colonel Wardle. Hu oliserved
that they had called up Colonel Wardle to contra.
diet Mr. Stokes—he begged that the Jury would
carry in their recollection, the clear and reflecting
manner in which Mr. Stokes hadi, given his evi.
deuce respecting. his memory, by. the documents
which kid • brill produced, and 'which certainly
tended to contra Ms evidence. That Coionel
Wardle shoulthave contradicted him was perfectly
natural. It" Whad net been ready to contradict
him, he had better have gone into Yorkshire. With
rospect t,s the degree of credit to Which Col. War.
die, on this odeasion, was entitled to, he would
qoly observer that Col. Wardle, after haring
made a gift tw'.ititrs. Clarke of 1001. b: face she
gave her es ideate, had suppressed the knowledge,
of that gift ell this , day—that was art impu-
tation—and there was nu such losputit:uu on
the character of Mr. Stokes, whose respecta.
billy could not.. he impeached. • The pers.snal
acquaintance between Mt. Stokes, avid his
Learned Friend (Mr. Allef), was indeed such
that it was forte evidettee of his respects.
wily. He had wish:A Colonel Wardle to io out
of Wort, because when he looked at the aectirecys
with which Mr. S. had given hist:ride's"; Rdid.ivid.
not help expressin4 his confidence Wit tlise Soy
wonld give credit to that evidencx... 'Mr. Stoicev‘
Gentlemen, you will consider has Mu interest iK
this question—he can have n -Ifiterest in it.
Cul. Wardle, on the other handt has the deepest
interest in the event of this trial?'Ylitt'haio heatd
Cats evidence of Mr. Stoke', and aTtiM hearing that,
I think it impossible that you sfletillthesitaWin
hi:lnning either Ins evidence, or tisat of •Alr.
Wright.
Mr. As.r.sr.—Thon2ll he had now been • ep.
wards.of 16 years in the profession, he had never
been called epee to perform a more painful duty. it