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

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.other subjects, seemed on itolfb intot a meat
unbocky twist.
Mr. Serjevit BM observed, that althottzh the
settle of the Othcer,Tuentois, had been introdsettE
in all their pleas of justification, it had nut once
been tnetitionmt by any of the witnesses.
JAMF.4 M.t,tst►ttt.o.—Thero are to be store
seven! Pleas, but that point is at present out of
the question.

Mr. Cos, the Associate, said, that one of the
witnesses, Elwin, had mentioned Talltitun's
Sir JAMES MANSTIrLD then observed, that it
was a public Theatre, but no patent nor license
hail been produced; that question might be re.
Fervid for the opinion of the Court, but he wish.
ed to have the opinion of the Gentlemen of the
Jury OR the whole of the Case.
CHARGE.
Cottle JusTtce MAN4lPlEl.o.—Gentlemen of
tliti Jury—This was an action brought by
Mr. Clifford against the Defendant, Brandon,
for imprisoning him ; and the fact of Mr.
Brandon's imprisoning him is . proved ; that
is to say, he called to Taunton to take him,
and lie took him ; and the Defendant directed the
Constable, or Peace (Meer, to carry him, and he
was carried, before a Magistrate, to huts-strict.
It appears that his friend Mr. llipkius proposed to
rescue him, but Mr. Clifford, very properly said,
" No, lug would go." Ile therefore went from
the theatre to the Office of Mr. Road,. it Bow-
street, where he was immediately discharged.--
No one has described the particular duration of the
imprisonment, bat you can easily jndge how long
that lasted ; it might bee about A quarter, or half
an hour, prob tbty it did not exceed that ; and
then NI r. R..a.1 said to the Plaintiff, " Mr. Clif-
ford, you are dischaNed;" and fur this he has
brought the preseut action against Mr. Brandon.
Mr. Brandon justifies that arrest ; stating, that
there is a public Theatre at Covent Garden, the
Proprietors of which have a right to represent co-
medies and trieedies in that Theatre. That on
each a night, wielt the exhibition was going for-
ward at that Tlwatre, the Defendant encouraged
those who interrupted it, and thereby caused a
great riot and disturbance. I do not take the
words of the pleas; hut this is the substance of
the pleas. That the Plaintiff instigated and en-
couraged that tilt, and th it for that breach of the
peace Mr. Brandon arr_itod
Gentlemen—ln the course of the cause there
have been some minurpoints, which, in one event,
may become material to be discussed—whether it
be necessary, for instance, to prove the existeuee
of a supposed patent, under which they act at this
Theatre. I not trouble you with that, be-
cause, if any question arises upon that question, it
may be brought before the Court hereafter. The
first and great question, the only question now is,
and the only one of a farthin,; consequence in this
cau‘e, is the question, Whether Mr. Clifford was
eneouragiug ant i.istigating the riot..rs at Covent.
g mien Theatre, at the time when he was so arrest,
eil ? It is insisted, besides, on the part of. the
Phintitrt supposing that to be trite, and that
Mr. Piltord'ditl instigate and encourage the riot,
yet that Bralaon, as a private pet-soli, could not'
legally arrest him at the time he was arrested, be.
cause it is contended that he was out of the. Pit at
the time the Officer laid his hand upon him. 1
think that is the only other question that made
the great question which I have stated to you."
M. Serjeent Barr..." Another point on the
pleais, that there is en evideuce that Taunton was
a constable, ur that acanthus was the servant of the
Theatre."
,rd Chief Justice._." Does it not appear that
he was a constable ?"

Mr. Serjeant I.znerkTbat was proved by the
second witness." • -

Mr. Serjeant Barr..." 'Fliere is no evidence of I
their having any authority 10 act, at the time he
was taken,-.r of their having a patent at all."
Cuter Janice.— " I can save-to you that point,
you know—with respect to the point of autholity
to act, the case is this :-..That in that Theiitre
these people were there, and that they there re-
presented plays, &c.; that you yourself, that is,
your client, with others, went to this play.huuse; it
that you paid the half price for going in; that
you made no objection to the legality of what was
guitizz on ; and, that your only complaint was
about the prices, and the question is whether,
who.' you give no evidence of illegality, it is not
sufficient that they were, to the public knowledge
of all the Magistrates in the kingdom, exercising
the profession of actors in this Theatre. But I
tell you I will save this point to you. As to his
being a Peace Officer, he was so called, and the
nature of the case speaks it, for Taunton carries
the Plaintiff, as a Peace Oilicer, before Mr. Road,
the Nlagist rate. The two (illations, therefore, that
the GA tlemen of the Jury have to decide arc, whe-
ther Mr. Clifford, under the circumstances of
this ease, is to ha considered as proved *AO..
ently, to be instigating the rioters at tt.is The—
atre ? The others certainly are trilling ques-
tions, of uu strious cousequeuce, other than as
to the costs of this cause. Whether, at the
time of the arrest, he was in such a situation,
that still '.private person could nut arrest liOn, is
important, as it affects the costs of this cause.
The other has become, indeed, a very consider-
able for you have it proved, by the
witnesses produced on the part of the Plaintiff,
Cat there had been at this Theatre, fur a Consi-
derable time, perpetual riots, of a very violent
sort. That the Utilise was such, on the night in
which the Plaintiff was apprehended ; that Mr.
Wilkins says it was impossible to know, by his
ears, what the performrice was, which was going
tan ; that such a riot took place on that night,
as well as that which took place, many preceding
nights ; that it put an end entirely, to theatrical
diversions at that Theatre. I do not very well
understand, from any thing I have heard to day,
on what ground any person can legally do this:
to make a prodigious noise, to create a tumult in
this house, supposing that which is stated, about
the: rising of the Price', to be true. Persons are
not obliged to go to the Theatre. You have
heard of extortion. Theatres arc nu necessaries
of life, stash that persons cannot do without.