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

things.. What authr. Clifford had you may
judge by the ex us, of the People in the
Pit —" here comes thelvonest Certmelloe"..he wee
certainly, from that expression, not unknown t•
those perm!' ; and why is he an " holiest Coen-
sellor ?" Why are they assembled I Not to ass
plays, but to prevent plays from being seen—this
calls for a panegyric from theta on Mr. Clifford,
and, he was " an honest Vt?easellor ;" besides,
how comes it, that this person, who was springing
a rattle, stops the moment that Mr. Clifford
speaks, desiring him not to spring it. You me
to consider, whether that is not strong ground, fee
thinking, that Mr. Clifford was instrumental in
promoting the disturbance. Now, with respect
to 0. P., and how far the wearing of that
ensign, can be 'considered, as involving a person
in a riot, it must be observed, that it is nut
necessary, fur a person to act in a taut in order
to constitute him a rioter ; for,' if he encourages
it, he is guilty of a riot. Why did Mr. Clifford
go to the play.huuse to see plays ? That, it is
impossible to suppose. lie mum have known
what had been passing in the play-house. He was
not ignorant. lie could not be ignorant of that.
What then dill he go for? Did he know the mean-
i ing of 0. P. ? You will judge whether he was Ig.
norant of that, and if he nos not, he must have
I thought that putting 0. P. into his bat, was just
the same as belonging to a regiment. He had pet
on a hit of that regiment, or at least he had a cock.
ade of that regiment. For what purpose cool Ihe
let that 0. P. be in his hat, but to encou.
rrage the persons who were rioting to
goon. Here, probably, if you 'Leonid ask Mr.
Clifford the question, he perhaps would have ne
his. Ilion, in telling you, that he did put that
very ensign into his hat, and, in considering the
permission which he gate, fur the putting it into
his hat, you will, perhaps, judge what was the
purpose, fur which he went to this Theatre; and,
whether, you can assign any ether cause, than
(that of an intention to encourage what was then
going on. I have stated the substance of the
evidence on this point, to shew that Mr. Clif-
ford did go to the Theatre, under eats.
ordinary circumstances : and you will exer-
cise your judgment, whether he did, or did
not, encourage the Riot at tho Theatre.
Supposing, that you should be of opinion,
that he did encourage the riot, therc will be
another question for you to consider, I wane the
illegality of his apprehension ; about which point,
you have heard evidence, and must also exorcists
your own judgment ; and you will be so good as
to tell me, after you shall have given that verdict,
on what ground you find that verdict. Whether
on the ground of Mr. Clifford not being concern-
ed its the riot, or whether on the ground, of the
illegality of his apprehension. It has been con.
tended, on the trial, that although an iudividual,
i may arrest a man, in the act of riot, of commit.
!nig a breach of the peace, he cannot law.
fully seize such person at a subsequent period,
for the previous commission, of any such eat.
The language of the la* is this, (reading from a
book); " As to the arrest of offenders, by fa*.
"6 rate persons, of their u*n authority, for pri.
ct coin offences, it seems dear, that no private
cc person, can arrest another for a bare breach
" of the peace after it is over." Now you see,
Gentlemen, there is a doubt as to the precise pot,
on which Mr. Clifford was arrested or taken. If
the thing had been quite over, and Mr. Clifford
bad taken that ensign of mischief out of his hat,
if the people had been gone, anti every thing had
been quiet, then, it may be contended, that they
ought to have obtained a warrant for his appre.
!tension. But unless you consider this riot, as
completely over...the apprehension, according to
what is laid doss n in the book which I have read,
was not nut of time. Mr. Hipkins swore, that
Mr. Clifford was out of the Pit, but he certainly
had not gut out so far as to have passed the mo.
ney.dour...there may be a passage between the
money.dour and the Pit, but certainly after peo•
pie have paid their money, and passed that door,
they are in the Pit. He says indeed that he was
seised out of the door, but that is almost equivo.
cal ; fur probably the door was not shut after him
—a question arises on this, whether Mr. Clifford
' was or was not in the Theatre.
1

Mr. Serjeant Barr.-. Mr. Bone said, end Mr.
Brandon tuld the officers, that A' Clifford was
gone out."

Sir JANIS %Lourlacy—Some people said Its
was gone out, and then Mr. Brandon cried out,
Seize him !" but Mr. Bone did not see hint
sized. Mr. Clifford went to 'the door, and then
was laid- huld of by bin'. Whether a man were in
the Pit, or out of the. Pit, if the riot were corn.
-pletely over, a private man could not apprehend
him ; 4ut the warned( the rioters are beginning to
separate, I should .think they may be taken
hold of, because, as the Countel for the De-
fend oft said, there might be. danger in attempt.
ing to apprehend them during the continuance
of thc riot. —Bow far the noise'and tumult
which constituted the riot remained, you are to
judge. The riot hail continued, and this en.
sign was in his h-it and the moment a man
could have an opportunity of taking hol.t of him,
lie was re zed. You hare to judge whether in the
true understanding of the law, the riot was over.
If yen should be .opiniu.o that it was over, and
that the arroit was nut warranted by law, the
Plaintiff will he entitled to a verdict, and you will
give him such damages as half an hour's imprison.
meet, in your opinion, deserves. But if you are
of opinion that Mr. Clifford did encourage this
riot, by the eircemitances stated, end that the
thing was uut, in the fair sense of the words, corn.
pletely amr when he was taken, then yes will
end your verdict fur the Defendant.
The inry then withdrew.
Sir JAYE, MANIPICLO gaiil (addressing himself
to Mr. Serjcant Best),. es this cause strikes ine,
some parts of your speech, I think, may be liable
loch wish to make it un.
•to misconstructhen. m
derstood by the persons Isho arc assembled to bear
the trial 0f this eausq-aa great number of them,
nu doubt, meaning well, but oho arc certainly
deluded eetremely, that they cannot go on at the
Theatre, as, it is row clear they have done,