The Statesman.
London, England, 1809-07-04 00:00:00

PASSENGERS:

Per CIE Ott TON, for Bengal :—Majnr Caldwell and fAdy ;
Mrs. Ann (ireen, D. f/entoa, and Ifirriet Carters Mims
Bretzehe, Mary C. Mrtwon, and Mary T. nod Fruargs Mus-
lin; ; Mr. W. P. Muscat, Arlitant Huron*, an I Ladv g
!Messrs. )larriott, ewenaten. 4Wigusn, run' flail,
Cadet.. For Madnis; Mr. Joist.. Stuati, Avsia•nat Surgeons
%Ir. (Jordon, Carle,. For 31aleira; Mrs. .thtitlaild, Mrs.
Minguy, and Mr. Maguire.
Per WI DRA V, for Heilral: Nfr.
Surgeon; M. John Diluter, Mr. Bru^e, M !teott, Sin.
Nfureaurg. and d tughter: Iferr,.• French, Searle, Urueli-
hnldina. Wright, Mackenzie, Sheriff, Marfarip;tar, and ?bo-
nd& Cadets. For Madill,: Capt. W. Waugh; Ng.
Brunton, C tcIM. For Fort Nl:er!tait': Cherie, flalioway,
Esq. S'ettior, Nlerehant.
l'r• S' IR WILLI %le POLTeX.F.-.4(0r Thisg.ll
load Marks Swart; Cop ain Jon lYeiton; Linkman;
henry Webil ; Mr. Mitchell, Mr. Jones, )Ir. Levto; ;
Mirserv. Baker. Lind.ay, Archer. Jones, and Blair, C:uict,.
Per LADY LVirIINGTO,r. far Bengal: Mr. Derlsert
Compton, Advocate; Captain Morris, Lady, and fiunilt ;
Captain Sir *Poona% Rains's nod L tdy ; Mr. Diltito ; Kiw
;mules Mabert aid Watem; Mite,". Clifton anJ Lrikiue;
Me'rr-. Turner, Willi/union, Brice atal Er,ltioe. Cadets.
For Marle:et : Mrs. Underwood and flute dauglueri ; Mr.
Roberison, cutlet.

Per SAMAR CHRnTtar.r for Henn!: Mr. Palermo,
- Sergeon Alistres,es Iloward, Jack•on, trench;
NlisiiJeeltson ; Mr. Ker, Cadet.
Per NORTItAMPTON, frr Renal: Mim-s natter and
linrtmo. Fir {Lomita, : Ntajor-General the Jim. John
.Altertromb), Commander in Chief; Steers. Mill,. Newell,
Minh:dem, and Pike, Laileti.
Per WILLIAM PITT, for Bengal: Mr. G. Carriogi on:
lr. Welchem:l, Cadet. Cur M utra. Res. R. Seti.h and
family : Mr. Cr 11, Cadet.
Per U x tux, for Bombay; Messrs. Alfred and Tech, free
mariners; 110.4111. Britten, Samik, and Hach:tr.', Alenws.
Cardiff and Robson, Cadets : for Bengal, Mr. M-Pnie.

A bill for one hundred thousand pounds, drawn
in favour of Josses! BoSATAKTE'S Government,
has, within these few days, tieing presented to a
great mercantile house in the city. holding urge
sums belonging to the legitimate Government of
Spain. It was transmitted by one of the first
houses in llolland. Payment was refused.—Tiones.

Dr. NEALE'S del:ant work, descriptive of the
late Campaigns in Portugal and Sp.lits, has been
read through the Metropolis with that hvely
terot, which the subject cannot fail to excite in
every British bosom.
Littuto.—This day there being no Court of Al-
dermen, the Lono MAvott, after ih,perting fh,•
rmurec of the Bakers' Company and Meal...o4li_
cry, ordered it to continue at the prea:nt prices.

• •
.4CCOUNTS, REPORTS, FABLES, AX I)
Fit 1 RIGATIONS.
--......-
The following account frbisZWALKERSDORTIP
. •
does not contain one partidbstff infvrnt'tiul's
which we have not aireudy,th&ved. Of the
re-
port of the Cientk:«o:l front-i•-ratiee, in t:ic stab-
. segment letter (rum Portsmouth, we cannot say
quite hi/ !hurls. Nothing can be more easy than
to mainferrture arch accuonts —takin...: for the
grooms-work some truth, and loft/41pin' as
mally articles as the fancy may dictate. That
there hat been a battle in which the V' r:ltch ivete
absolutely defeated, we know—and it i. -:', ir .tv,-*
that several private room:nit itiv•is !: Jas Paris
state the belief in that city to lie, that their loss %es
grater titan has been reported through my other
channel. But it is impossible not to admire the
happy cointideace of circumstances its the wound-
ing the twelve Aitles-du-Camp of LsssEs, and
the whole Suite of the Archduke CIIARLIMI with
the exception of a single indiridttal of each
Suite. Tu have completed this parallel fairly, the
Archduke CHARLES. ought Also to have been
wounded as will as (Anita.
W A 611C161191)011 FF, Joel: 7.—Y00 lustre airendy received
thenews of a magnificent battle so the 21st and ZI nit. no
I this side the Danube, nod which was of tile greatest import-
! once; for Napoleon himself, essusandieg in pence, e spas-
ing himself this time like a private soldier, was 'tease, and
forted to quit the Geld of battle, a'Al reernss the thaosbei
1
1 leasing upwards of sis thousand wounded on ttie Geld of bai-
-1 tie, where cur army picked up ea the fellow* dove more
than 20,11)(1 firelock=, swine eagles, cannon, Ike. tar. to effort,
every thing that prowt a complete defeat. Besides the SOW
wounded, who are in r ur hospitals, there were carried 24,103
into the hozpitals of Victims mad the anborhs. Lanes was
*killed; D'Espagne, St. Solite, Chastillk, and a fah.—
Oodles had his arm or leg tarried away. (*nestle Ben-
Were, Mantic, youttg Masse,., and some others, were griev.
Gusty wee led ; two Generals, Damage! and Folders, and
the Witientharg General Roder, were made prboners.--.
Our Inn was very cousitierahle ; we had liken Gegen&
wounded. Bet besides General Weber, who is dead of
Lis wounds, we hare only General 11' inzengcrode. and per-
haps Juarpa Colioredn, who *LI not be able to jolt' the
army in a fortnight. It was one of the galleon* actions
that earn be imagined. Our infantry, Punning solid mares,
repelled fur thirty hours the attack of the cavalry, supported
by grape shot, and annoy annihilated that cavalry, which had
done so much in the precedist aetlesa. Price, John of
Lichtetutein sustained, for several haute, eilth Svc hantaliqap
and some earalrv, the pressure of SIS,Ois seen, who wished to
force the centre. The Archdnke, who espased his persus so
mods, those( all his suite nue Meer: alone, Co.t.d. de Ca-
-1 'mai, was the only one not wounded, performed wooden.
All the Gaserab, Oftets, and Soldiers, (might like heroes.
They attacked isererchments aid villages, with cries and et-
dumdums of " Long lire the Emperor, loag lire the Arab-
duke !"—Since the battle. which coat both sides in killed an&
wooded SUMO ewe, two-thirds of whom are French, Napo-
Ire imo, releforted himself with all the treaps lw could; the
greater part of the Army of Ital., the Salim% *Wines-
bergers, fcc. have Nord him. The Arehtlake has aloe a.-
Ambled all his foram sad *Ned the Archduke Joie, who is
pieceediog la the direction of the Raab, no the other side of
the Danube. We suppose that there will be shortly a deci-
sive eyrie, and we have ream) to hope it will be to ear ad.
vantage.

"- • ''''-'

Poorsnorru, Jr r.rThank cart..i arrived on
Friday of ht at this port, from biorlai it. Colonel Was
ten Morton, who sailed in her from Portsmouth, with dim
patches from the American Government for that of Frooce,
lauded (Mire on the 9.1 q landed there on the gist last, but it
NM with great difficulty that he obtained perinis.ion to go
ashore. A Ge•Oleynao who eame In the Milbank, aid was at
Paris on the 9th Jane, states that various pris etc rs arm
received from the French arms, from %which it appears that
they hod 13.030 of their hest troops killed end dronced in
the footle of the and their loss is so seserrly felt by the
Linperor, that almost every soldier is Frame. evcept some
Gem d' Armes ulio ore iletaincd bripr on the Conscripts.
are no their smirch to Join the Eir.peror ia Germany. About
L 34,000 Ciancripts had hems raised wank, CA. LW *it
Month,. 'I'M MIX' letters state, that M4stenit (I)eke of
ltivoli) arts sounded in the of tinn of the 2`ltl, on the
Danube; and that four Generals of I)isisions were killed,
amt above sixty ether pacers of rank were killed and
wounded on that day. Of Ituefer aides-de-ramp, who
attended Marshal lasties, aho was snort illy wounded,
and since dead. ones one escaped inita.o. ltimapaise's
' favourite corps of Cuirassiers (horsemen armed with
polished steel coats of mail), and Gallons's die :siou of ;tn.-
militia, were almost to a elan cat to pieces. The war with
Germany, which was before unpopular, ie now cried sot
against most violently. It i- rather an esti 10-ciliary circsm-
ttance that a grand expedition fins Eogland was generally
expected to appear on the French coast. and was every
where spoken of. It nil., suppo.e.l W .be intepded, la the
tint instance, fur Flushing, and afterwards to go up the Ebr.
C.loeial produce is very high .at Alorhi sugar sell. for
live lisps 4id.) per pound a and cost-- hair- a-goinea
pound. Our seamen osa are prisoners in fri..ee are well
treated.--Sir.lorto Moustir. to rams r in the Mil-
bank: he was liberated by o spreial mitli-r train Ilacrp.irte„
and ha. !Kra chiefly confined at I'ersailles, since the depar-
ture of Lord Whitworth from Paris."

Mr. Ilsasrs is said to dire given CATALAN' a
thouy•rud guineas to relinguiA her engagement at
Covent-garden Theatre.

Mil. StDown took leave of her admirers in
Scotland last stork ha the character of Isabella, it►
the Foto' Marriaze.
Mr. KtssoLE is playing at fielf.ist. %there he
performed Pearuitluek and Lear, last week, to
overflowing hoeses.
A ,froto, took 1.1-iec last werk nn the 17.41;...r1
stage between Airs. JoaoAs and another per..
former, which elicited for the moment much con-
fusion.

The Lour) Cnamerri on remarked yesterday in
Court, on a mnsiun for payment of costs, that
it became tuo frequent to trespass on the funds in
she Accountant's hands by intermediate
•0 that 41 last iu some cases scarcely nos thing re.
maimed for the creditor. It. thought that it iroul..l
be an improver ent in practice, that the A trelltil.
aat should in et cry Caw 1.4.1 2 X16(10'611(11
$O 411.41WPr 14•btu, to be beyond the reach of the .w
utter uedi !tc tiff/lions, and declared his inlet/film et
ronnimsoirating with the Accountants to acre/fain
•shet•'.-r there nos any insuptrable abjection to
the estableshin en( of such a 11;1...

LAW 7,VrEILIGENCE.

OURT OF PUNIN

Monday, July 3.

ItvltitratTlVAitnt.a, EIQ.
The ATTORNEY Gainat. opened the case on
the part of the Plaintiff, Mr: Fraecis Wright, an
upholsterer, whin brought his action to recover
19t-fit. for the amount of sundry articles of furni-
ture fur fitting up the house of Mrs. Mary Anne
Clarke, in Westbourne-place, Chelsea. He stat.
ed the circumstances of the case at full length,
which were afterwards detailed in evidence. 'l'he
Defendant became liable to pay this debt in course-
gamma of hiapersonal promise. Mrs. Clarke was
already indebted to the Plaintiff about 5001. or
6001. and , applied to him to furnish her house,
which he refused to do without being paid. She
theit told him, in the end of last autumn, that she
had a friend in .view w!io would furnish the house
fur her. She afterwards bought Colonel Wardle
to the Plaintiff's house, whey ordered the house to
be furnished, and the goods were sent in. Mrs.
C. being distressed for furniture, had previously
obtained of the Plaintiff a few necessary articles
to the value of 2001. upue hire. Mrs. Clarke,
he said, would ha called as a witness, and also the ,
brothe • of the Plaintiff, who would both of them
prove the Plain►iff's case. Besides these witnesses,'
there was Major Dodd, who had been present at'
one of the conversations, and if he was called, he
would prove the Plaintiff's case. If the Defend-
s/it did not call him, his absence would etinally
prove the case. But would Mr. Wardle deny the
credibility of Mrs. Clarke—would he say that she
was not a witneßs to be believed upon her oath ?
In this c•ue he would eay, that though she could
root get credit of her upholsterer, yet as her evi-
dence would be confirmed by the brother of the'
Plaintiff, and she was upon oath, she was descry.
ine, of credit before a Jury. The Attorney-Gene.
sal then stated that, Mr. IVright being desirous to
have part of his money, Colonel Wardle called
and offered a bill for 3001. at three mouths, which
was received in payment by the Plaintiff ; but as'
the investigation of the charges against the Doke
of York was then to be proceeded in, Mr. W.
would n it give his own bill, but got a Mr. Illing-
worth, a wine-merchant, of Pall Mall, to give a
bill for that sum, which was afterwards paid.
The Attorney General made some very severe and
sircastic observations upon the frailty of human
memory, which might account perhaps for Mr.
IVardle's defending this cause; for it was by no
means to be wondered at, he said, that a Gentle-
man should now forget a promise of this kind
aside six months ago, when some pees•" could
nut even remember, upon a great public occasion,
where they had been the very day before.
Mrs. Mary Anne Clarke was called. She ap-
peared with her usual gaiety. She was rather etc li
-
g intly dressed in white muslin, with a white silk
bat, white ribbons, and a reit. A spotted muslin
cloak, lined with pink silk, a white handkerchief
tied loosely rousd her neck, and primrose or brim.
stone-coloureti French habit-gloves. She was ex-
melee& by Mr. Garrow. •llct evil-Luca was to
the following effect :
[Mr. Serjrant Elver, for the Defendant, object-
oe to her being examined without being previously
released by the Plaintiff; but Lord ELLENIOROUGH
thought that as she did not come to charge herself,
and the Plaintiff, by the statement of his Cuisine!,
and by calling her as a witness, discharged her, i;
'au not necessary.]
She stated that she first became acquainted with
Cohnel Wardle in consequence of a letter front
the Exchequer Coffee-house.
I took my house in IVestboerne-place, from
September, b:;t I did xat enter till Me 9th of
November. I communicated to Mr. IVarille that
I had taken it, and had several conversations
whout furnishing it before I applied to IVright.
I was indebted to Mr. Wright 5001. or 6001. I
111(1 !lot propose to him to furnish my house on
credit, because I knew it would be ie vain. 1
told him I hid a friend in view, who I believed
would furnish i'. 1 did not mention his name.
Mr. Wardle was that friend in view, in conse-
quence of sonic promises that be was holding out
to mu. I was to give him every information in
toy power, anti to assist him in the Investigation,
in return for which he was to furnish the house.
'dins was a part of the requital to me for giving
that assistance. I informed Colonel Wardle of
Wright's acquiring some other person's credit.
He asked some one as a friend first for his advice,
and then he told me he approved of it. I had no
tither means' then of paying. I was very meth
shstressed at that time. Ile knew that, and knew
of Wright's debt, because he advised Mr. Wright
to bring an action against the person he thought
ought to pay. lie promised to Mr. Wright, if he
would bring such an action, that be would pay
all the ci.its. lie afterwards accompanied me to
Mr. Wri4lit'a, and I took him there to say that
he was the person who was to be responsible.
Daniel IVright attended us that day in the shop.
I introduced Colonel Wardle—l do net. know
I did that by name. What I said vra-, this is the
Gentleman who is to furnish my house. He went
for that purpose. lie was silent. We walked in
the ware-room, Colonel Wardle remaining with
the think. Colonel Wardle knew the state of
my house, and had seen the things previously sent
in on hire by Mr. Wright. . I had gone np stairs,
to Mr. Wright, who was ill a-bed. When I
came, he said he thought the sideboard in the
Aare-rooms a very handsome one, and he ordered
it instead of the one at my house. He said no-
thing mere—there east, indeed, very little more
fur him to say—and I gave orders for the things.
He had gone to Wright's afterwards a great many
times, in a hackney coach. He went another time,
and the object of his going was to look out other
things. 1 had chosen a pattern of a carpet, in
West hourne-plitce, and a piece of carpeting was
sect i.. Mr. Wardle preferred one at Mr.
W iglit's. Major Dodd was with him. Major
D 'cid had not been there before with me, but I
bell' ve he called once before with Colonel Wardle.
They wished to lave a ve.irlet and bronze pattern.
1 ot•jce. rd to it, and thought it only tit for. per-
lours. It was an espeasive pattern. Major

.

. .
Dodd said it wai itirt. Turkish ; he therigit it
would suit me. Per that very thing (being
Turkish) I objertro to it bet I said, as W*64 a
good carpet, I not care 4..iitch about it ; Ind as
they were going to pay for it (I mean Colonel
Wardle), I woul.l not object. Neither of them
then expressed any astonishment. Several things
were ordered that morning, in the presence of
Major Dodd. They were ordered by him and
Mr. Wardle.
Mr. Gaunow...-I take it for granted you did
not very frequently object to his increasing the
order ?
Mrs. Clarke. —Nut in the least. The things !
were sent in January: In November, December
and January, as they could get the things finished.
The things were scut in on Mr. Wardle's account.
Ile was continually in every room in the house,
without being asked into it, looking at the furni-
ture from the kitchen to the garret. The maid
servants complained that they had not looking
glasses in their bed chambers. Sometimes he has
sent back expensive furniture that Wright hag sent
in, when he thought there was no occasion for it.
I recollect a very large mirror coming in. lie t 1 w
in a passion, and the man that brought helmet drop-
ped the mirror. They talked apart about it, and
then Colonel Wardle ordered it back. I thciught
myself it was too lunch, as there was a very large
' ehandelier in the middle of the room. Mr. Wright
called, and, it being wet, begged I would give it
! house-room far that day, and perhaps he would
think better of it. It was returned. Wright sent
once a writing desk which was very expensive.
Colonel Wardle said there were writing desk%
enough in the house, and it was not wanted. I told
the man to put it down to me. •
Mr. GARKQW. Did Ic afterwards change his
mind ?

Mrs. Clarke. Oh yes ;he was ashamed of him-
oaf.
Mr. GAnnow: After this business going on for
some time, did Mr. Wright express a wish for more
money ?
Mrs. Clarke. Yes ;he communicated4t to me,
and I commuuicat?ll his wish to Colonel Wardle,
I had mot a guinea ou earth to pay it with. I told
Colonel Wardle money was %vented; 50 01. oroool.
way mentioned. lie said he had nut the mune?
immediately, he would consult a friend, and would
let me know immediately. The application for
money was made to me.

Lord Et.r.xxsoitouait here thought that Mrs.
Clarke should have a release, which was accord-
ingly executed and explained to her, and then s'►e
was asked if she wished to qualify any thing she
had said, but she did not think that necessary.
Mr. PARK said, the release should he to her
husband, si►o being a married woman, and a second
release was agreed to be nude.
The ArroaNFY_Ge:rs•n.ti. said, however, it
could not he necessary, because the huspand could
hardly be liable for these things.
Mr. PA nit. You'll say s-.;: is not liable, because
she is an *Waitress (at this Mrs. Clarke salikd);
but that you caunot inquire into now.
The reiease was assented

111rs.,Clarks in continoation...Colonel Wardle
said, it would be some time before ho would he
prepared, and then nut with money, but a bill.
He said that he sent a friend there about it. Ile
turd me by sent a Mr. Gloomy—he called him Col.
Glenny. The Bill was given. He told me that
he would speak to a friend, a Mr. Illingworth, a
wine-merchant, in Pall.mall, as at that time it
o ould be improper for his, Colonel Wardle's,
name to appear.
Mr. Gsaaow—Did he express in terms, or
leave you to conjecture from your knowledge of
business, the reason of.that.
Mrs. Clarke—ln consequence of the investiga-
tion that was going on, or about to he commenced,
he thought it not right that his name should appear
to any bill or in any transaction of mine. I be.
here it was the 2d sif January, and I do not recol-
lect the date of the motion in the House of Cont-
..,
mons against the Duke of York. That was about
three weeks or a fortnight after. He said he would
send Illingworth to me. He was to talk over the
date of the bill. I was to make my communica-
tion with Wright to know what was the longest
time to be allowed. This was for Cul. W. not to
interfere. I never knew Illingworth before. 11.
lingworth waited on him. My name might have
been introduced before to Illingworth, however,
though I did not know him, because my attorney
had paid bins ill. or 111. for wine sent in by him.
I communicated to Colonel Wardle, that Wright
wanted the hill for two months ; boat he said it
must be for three months. lie said he had seen
Wright since I had seen him. I was informed by
Cul. Wardle, that this hill sias draws on a friend,
to prevent any suspicion,' or any thing getting
round to the public. Illingworth was to take a
bill on me for the like amount, which he told me
was not worth any thing.
Mr. GARROW. That was no new information
to you.
Mrs. Clarke—No. It was done, he said, lest
Wright might bo tempted to snake more charges
than he should like to pay, and then he would be
able to keep the transaction with me secret.
I was acquainted with Colouel Wardle before I
knew Major Dodd. I saw Colonel Wardle about
the end of August. I had a letter from the Ex-
chewier Cotfre-house without a signature. In
consequence'f that letter I saw Colonel Wardle.
The note was written by Mr. M'Callion. Colonel
Wardle came to my mother's in Bedfertl-place,
about one o'clock, and staid till dinner about six
o'clock, when he told sue that Major Dodd had
been waiting fur him all that time. I was rather
fearful of doing what he wanted me with him
alone, because he was not much known in Par-
liament. Major Dodd was introduced as a gen-
tleman, a friend of his. I had heard of Major
Dodd before. His person was unknown to me.—
About the end of NOrember we went a tour for
three days, to view the Martello Towers. Mr.
Wardle, Mr. Glenny, the engineer, and Major
Dodd. They would sort let me otf the journey ;
I was in very distressed circumstances. I never
went out of town hut with Mr. Wardle.
Land Er.teissiortotrost thought it unnecessary to
pursue this course of examination further.

p

-- -
Mrs. Macke. I first heard ordit abjection to
y from Mr. IVright, about a fortnight 9r three
~sacks since, about the time Parliament was pro=
' roped. Mr. Wright trusted entirely to Colonel
Wardle. Before I could go nut of town, I was
obliged to !site fifty pounds of Colonel Wardle to
pay the butcher, and the fishmonger, and other
things. He always told' me that he'vould lend me
301. at a time. His expression was--Llend ;' but I
did not understand tftat I was to repay it. The
reason of my going out of town was, because I
had many friends about me, and it was feared they
would persuade me hot to accept of Colonel IV.'s
proposals. There were no goods sent in till after
the 23d of November.
Cross.examincd 4 Serjeant Best.
The House was first taken in November.
Mr. Scrj. BEST—Tt was in consequence of a
correspondence with McCallum that you became
acquainted with Colonel NYardle ?
Mrs. Clarke. —Yes. If you call one letter a
correspooden ce.
Mr. Serjcant BEST having put several questions
as to the time when she first became acquainted with
Colonel 11'ardle, she said it was in the end
of Autumn. She said it was qnite ridiculous to
examine her as to that. Sho did not recollect ex-
actly when the first order .was given, bat she be.
licred it was after Major Dodd's letter on the 2tst
of Noecaibei. It might be the 23d ;it was a few
days before she went to the Martello 'rowers.
Being asked whether Colonel Wardle had ordered
coals, sho said he gave a general order to Mr.
IVright to let me be indulged in any thing: Ho
would have let me had money through Wright. He
said one day when I wanted money, cannot you
borrow money of Mr. Wright ? He often com.
plained that he had no tnoney, but sill he foned
me some whenever I wanted it. Being asked,
whether she had not sent him a threatening letter,
saying, that if he did not let her have 10001. she
would do for him ; and whether she had cot
lquarrelled with him ? She said, she had not guar-
; relied ; but she hail sent a letter, written by het,
' but dictated by a Dr. Metcalfe, which she was,
I -
sorry she hid sent. She had not seen him for two
months, As to receiving money of him, she said
that he nas averse to letting her have any thing.
after thei: negociatiou was settled. She once went to
his house. He asked her in with a friend who was I
there. She sent for him into the carriage, and
told him she wanted some money, and did not care
how small a sum. ile*said it would be asked of
her if she was giving her information with a view to
ally future advantage, but if every thing was pre-
viously settled, that might be fairly answered to
the contrary. He afterwards sent her a draft on
Marsh, Sibbald, and Co. for 201. signed by Scott,
an army tailor, who assisted in the Investigation.
.She then begged leave to say something to correct
her evidence as to quarrelling with Col. Wardle.
She tacit stated that Garfield, his Attorney, had
called on her with a subpcena last Saturday, and
iaid he wished to show her every respect. He
wished, therefore, to serve it himself, but in a
common case he should hate sent a clerk. That
he desired' very much that the cute should go to
arbitration to keep it from being public. That if
it came before the Court, Mr. Serjeant Best would
rut her up by a severe cross-examination, and Mr.
Wardle would give it out to the public, that she
WWI bribed by Ministers.
Mr. Gaaaow...-Are you in fact bribed by any
one

Mrs. Clarke.---Certainly not.
Mr. Daniel Wright (the Plaintiff": brother)
confirmed Mrs. Clarke in every partieulkr as to
the credit given to Colonel Wardle; and•said that
he called, in a gig, when he was told that Wright
wanted money, and nskt.4l, whether a bill would
not do as well ? Being told he wanted 500!. or
6001. he said he would attend to it immediately.
He also stated that the Defendant looked out the
sideboard, and that Dodd and he chose the carpet;
and Mrs. Clarke yielded, because she said they
were to pay for it. The' amount of the bill was
originally 19191. and 5001. being paid off, there
were 14191. left due. No goods were sent in on
credit till after Colonel Wardle had called. His
name Wag not mentioned, bnt he knew him by
sight. The goods sent in to tit up the house at
first to the amount of 2001. were afterwards charged
to Colonel Wardle. They began furnishing about
the last day of November, or the Ist of Decem-
ber. Mrs. Clarke was not in the house till after

the furniture was in.
On his cross-examination by Mr. Parke, he
said the bill contained a charge of 261. for car.
penter's work-done, which trek not ordered by
Colonel Wardle; this carpenter had done repairs
to the kitchen. There Warr a charge also for
91. 159. for coals ; plaisterer's work, 241. ;
painter's wtsrk, 181. One item was a tasteful
figure of Mirth and Wine for a pier, that is, a
lump supporta+ try a Wit, 141.; a Citation sofa,
501. ; another Grecian sofa, 431. ; chimney.
glasses, 200 guineas; French window curtains,
two sets for the front drawing-room (there was a
third sat enumerated in this charge), 931. 16s. ad.
these were without the cornices ; and a charge also
of 91. 14s. for insurance from fire.
Mr. Serjeant BEST, for the afendant, denied
that he was liable to pay. • Be said that Mrs.
Clarke and Mr. D. Wright contradicted each
other materially as to the 2001. worth of furni.
ture on hire, and also as to the time when the fur-
niture was sent in on sale. Mrs. Clarke at first
wished to make it believed that the transaction
took place at the end of Autumn, in order to in.
clods: many things which Colonel Wardle to:told not
possibly be required to pay. They diUred as to
the 2001. worth of furniture on hire. One said
that it was taken back, the other said it was passed 1,
to the Defendant's credit. This was clearly within
the statute of frauds, and the promise should hare
been in writing. With these contradictions he call-
ed upon the Jury to reject all the testimony of
Mrs. Clarke, and of Wright also. There was
gtiod reason why the Plaintiff should trust Mrs.
Clarke, because she was 6001. in his debs, and ht
knew her intriguing spirit, and thought it better
to trust her with goods to enable her to keep up
appearances, than to let her sink into insignifi-
cance, by which means he would toile his money.
The insurance of the goods shelved that he.looked

.

••••••

3 Mrs.

As for alin.

Clarke, she was a women sehlrhjecthody ought to
believe. She was the most artful inventor of a ne.
titious tale that ever *mitered. As to Major
Dodd, he could not call him, because he did net
believe he was present.-I.(ONe eillthe. Jury asked
here, why the bill was given for 5001. and in whose
name ? this the Learned Serjeaut adseered,
that it was all a fabrication).--In thircaae Col.mel
Wardle's honour was at stela,; for Mrs. C. wished
it to be understood, that all this furniture was
given as a bribe for her tcliappear in the Ifottse of
Common!. The Jury would surely not invade
both his property and hit honour, itp•ln the testi.
mony of a woman who could he believed in no
Court of Justice. If he could judge Of Colossal
Wardle by his own feelings, he acid be was sure,
sifter the exhibition she had wade to.tlays it was
impossible that, had that happened before the mo.
tion against the Duke of York, he could hate at-
tached any credit to her testimony.
There wero no dates to any particular items
throughout the whole bill.

Iroid ELlANsottuuoit summed up the cuss? and
complaiued both of the Plaintiff and the Defend-.
ant. The one he said had Introduced charges
which were e►idehtly unfair in his bill, such as
the insurance, the plaisteree, bill, Ste. (These
were Risen up by the Auornoy General). There
was also a charge fur kitchen furniture, but that
was sometimes supplied by persons who furnished
the house, and the Jury would inquire whether
that was within the scol.e of the Defendant' or-
der. On the other hand the Defendant bad
denied the circumstance of the bill, but lie would
do that at his peril ; for if ho denied it, then the
charge would be so much increased: His Lord-
ship likewise thinieit, that if credit was crer gi►en
to Mrs. Clarke for the 2001. worth of furniture,
that should ha►e been pro►ided for by a promise
in writing. Hi, Lordship then detailed the c►i_
dente, because there were some mistakes, or some
inconsistencies in the dates, some of which were
hastily applied to thiur which were not accurately
settled. There was some little confusion in this
respect, which could only be cleared up by read-
ing the vs hole ctitlencc.
The Jury retired, and about nine o'clock
brought in a verdict for the Plaintiff, deducting
the 2001. the 6001. paid, sad also all the Items for
plaistering, painting, 'insurance, &c. which are
to be taken out of the bill by the Officer of the
Court.

CRltil.
LOYEDEN, kW/. W. VARIES, ESQ.
The Plaintiff is Member for Abingdon and the
Defendant is the son of a gentleman in the same
county, Who has eight or ten children, and Is him.
' self a Lay-fellow of Merton College, Oxford.
The Plaintiff is a man of Mtge fortune, and has
married successively three wives, the last of whom,
his present wife, is about twenty-fire years of
age, and he himself upwards of sixty. The De-
fendant being an intimate acquaintance of the fit-
Mily, had evidently engaged the affectioes of the
wife of the Plaintiff, and the present action was
brought to recover damages for criminal conver.
sation committed with her.
'Mr. GAIIROW opened the case on the part of
the Plaintiff, and adduced evidence to %hew a very
familiar intercourse between them. Two grooms
of the Plaintiff deposed as to several times when
tho wife of the Plaintiff and Defendant rode out
together. Once they went into the nursery be-
longing to Mr. Render:ow, in nlgeware-road,
and were observed together in s summer-house in
close conversation, the Defendant having his hand
upon the lady's shoulder. The coachman •and
footman also stated, that in May, 1806, the lady
had taken the Defendant up in her landaulet, the
blinds she closed in Bond-street, and dtove with
hirn• to Fleet-street. It was hot weather; she
had been accustomed to have the carriage open,
but this day shu hat' it closed, and when she got
out she was very warm, very much tottfused, and
much tumbled as to her dress.
Warren Hastings, under butler to the Plaintiff,
stated, that in August 1808, he had reason to sus-
pect that Mil. Loveden had received the visits of
the Defendant, though she denied that he had
been there, yet upon hearing a noise he ran out
of the !mese with a pistol in his hand, and late at
:tight, caught the Defendant attempting to leap
over the palings to get through a plantation ad.
joining the houie of the Plaintiff, In Brush:on, in
Berkshire. That he then expostulated with him
upon the impropriety of his coming there, after
being admonished against it by his father, and by
Mr. Cox, son-in:law to the Plaintiff. The De-
fendant then took Hastings by the hand, and pro-
mised never to come there again, when Hastings
also promised not to disclose the secret, provided
he never trespassed upon his master's premises
again. Hastings.returised to the hodse, and kept
the secret with respect to all but Mrs. Loveden,
to whom he immediately communicated what had
passed. On Friday, the 10th of March, 1809,
the Plaintiff was at Abingdon, at a Meeting of
the Local Militia, when it was suspected in the
family that the Defendant's visits would be renew-
ed. Hastings, the faithful butler, suspected that
he had heard the library window open, and that
the Defendant was admitted by Mrs. Lovedeo.—
Abont nine o'clock she ordered him to bring a
glass of wine and water into the library. Thu
Defendant was not there then, but he suspected
that he was in the study, which was an the other
side of the stairs. Mrs. Leyden went rather
earlier to bed that night than usual.
suspecting that the Defendant would go from the
study to his mistress's healchateber, watched till
two o'clock, in a place where he could see her
door, but observed no one enter. He then went
to bed, and the next morning went to try the
door of the library. He found it was locked,
and asked Mrs. Loveden for the key. She laid
she had no key, and Mr. L. always kept the key
with him. }fasting! then said there was a fire left
burning, and he must examine it. He iftetwarde
procured a carpenter to place a ladder against the
window, and to open it; and Mr. Barker was
found its the roots with his hoots on aed Ille
great coat on his arm, hdleavouring to hide him..
seif behind the door. He was afterwards released
by Mrs. L. who found a key for the purpose.

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