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ruin this ignorant young woman. Upon the whole, he thought they must find for the plaintiff, and that they must give damages. The quantum was for their consideration.

The jury retired for a few minutes, and then found their verdict for the plaintiff--Damages, Fifteen hundred pounds.

JULY.

1. The chancellor's prizes are this year adjudged to the following gentlemen :

The English Essay "On the love of our Country," to Mr. C. P. Burney, B. A. of Merton College.

The Latin verses Corinthus," to Mr. Peter Meyer Latham, of Brasenose College.

The donation for English verse, "John the Baptist," to Mr. Charles Henry Johnson, of Brasenose College.

Court of King's Bench.-Colonel Wardle's Case.-Wright v. Wardle, Esq.

3. The attorney general opened the case on the part of the plaintiff, Mr. Francis Wright, an upholsterer, who brought his action to recover 19147. for the amount of sundry articles of furniture for fitting up the house of Mrs. Mary Ann Clarke, in Westbourne place, Chelsea. He stated the circumstances of the case at full length, which were afterwards detailed in evidence. The defendant became liable to pay this debt in consequence of his personal promise. Mrs. Clarke was already in debted to the plaintiff about 500l, or 600l. and applied to him to furnish her house, which he refused to do without being paid. She then told him in the end of last autumn,

that she had a friend in view who would furnish the house for her. She afterwards brought Colonel Wardle to the plaintiff's house, who ordered the house to be furnished, and the goods were sent in. Mrs. C. being distressed for furni ture, had previously obtained of the plaintiff a few necessary articles to the value of 2001. upon hire. Mrs. Clarke, he said, would be called as a witness, and also the brother of the plaintiff, who could both of them prove the plaintiff'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 defendant did not call him, his absence would equally prove the case. But would Mr. Wardle deny the credibility of Mrs. Clarke? would he say that she was not a witness to be believed upon her oath? In this case he would say, that though she could not get credit of her upholsterer, yet as her evidence would be confirmed by the brother of the plaintiff, and she was upon her oath, she was deserving of credit before a jury. The attorney-general then stated, that Mr. Wright being de sirous to have part of his money, Colonel Wardle called and offered a bill for 500l. at 3 months, which was received in payment by the plaintiff; but as the investigation of the charges against the Duke of York was then to be proceeded in, Mr. W. would not give his own bill, but got a Mr. Illingwortli, a winemerchant of Pall-Mall, to give a bill for that sum, which was afterwards paid. The attorney, general made some very severe and sarcastic observations upon the frailty of human memory, which

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might account perhaps for Mr. Wardle's defending this cause, for it was by no means to be wondered at, he said, that a gentleman should now forget a promise of this kind made six months ago, when some persons could not even remember upon a great public occasion, where they had been the very day before.

Mrs. Mary Ann Clarke was call ed. She appeared with her usual gaiety. She was rather elegantly dressed in white muslin, with a white silk bat, white ribbons, and a veil. A spotted muslin cloak lined with pink silk, a white handkerchief tied loosely round her neck, and primrose or brimstone coloured French habit-gloves: She was examined by Mr. Garrow. Her evideuce was to the following effect: – . (Mr. Serjeant Best, for the defendant, objected to her being examined without being previously released by the plaintiff; but Lord Ellenborough thought that as she did not come to charge herself, and the plaintiff by the statement of his counsel, and by calling her as a witness, discharged her, it was not necessary.

She stated that she first became acquainted with Colonel Wardle in consequence of a letter from the Exchequer Coffee-house. I took my, house in Westbourne-place, from September, but I did not enter till the 9th of November. I communicated to Mr. Wardle that I had taken it, and had several conversations about furnishing it before I applied to Wright. I was indebted to Mr. Wright 500l. or 600l. I did not propose to him to furnish my house on credit, because I knew it would be in vain. I told him I had a friend in view, who I believed would furnish it. I did not men

tion' his name. Mr. Wardle was that friend in view, in consequence of some promises that he was holding out to me. I was to give him every information in my power, and to assist him in the Investigation. In return for which he was to furnish the house. This was a part of the requital to me for giving that assistance. I informed Colonel Wardle of Wright's requiring some other person's credit. He asked some one as a friend first for his advice, and then he told me he ap proved of it. I had no other means then of paying. I was very much distressed at that time. He knew that, and knew of Wright's debt, because be advised Mr. Wright to bring an action against the person whom he thought ought to pay. He promised to Mr. Wright, if he would bring such an action, that he would pay all the costs. He afterwards accompanied me to Mr. Wright's, and I took him there to say that he was the person who was to be responsible. Daniel Wright attended us that day in the shop. I introduced Colonel Wardle-İ do not know I did that by name. What I said was, this is the gentleman who is to furnish my house. He went for that purpose. He was silent. We walked in the ware-room, Colonel Wardle remaining with the things. Colonel W. knew the state of my house, and had seen the things previously sent in on hire by Mr. Wright. I had gone up stairs to Mr. Wright, who was ill a bed. When I came, he said he thought the sideboard in the ware-rooms a very handsome one, and he ordered it instead of the one at my house. He said nothing more-there was, indeed, very little more for him to say-and I gave orders for the

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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. I had chosen a pattern of a carpet in Westbourne-place, and a piece of carpeting was sent in. Mr. Wardle preferred one at Mr. Wright's. Major Dodd was with him. Major Dodd had not been there before with me, but I believe he called once before with Colonel W. They wished to have a scarlet and bronze pattern. I objected to it, and thought it only fit for parlours. It was an expensive pattern. Major Dodd said it was very Turkish; he thought it would suit me. For that very thing (being Turkish) I objected to it; but I said, as it was a good carpet, I did not care much about it; and as they were going to pay for it (I mean Colonel Wardle), I would 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. Garrow. I take it for granted you did not very frequently object to his increasing the order?

Mrs. Clarke. Not in the least. The things were sent in in January. In November, December, and January, as they could get the things finished. The things were sent in He was on Mr. Wardle's account. continually in every room in the house, without being asked into it, looking at the furniture from the kitchen to the garret. The maidservants complained that they had not looking-glasses in their bed chambers. Sometimes he has sent back expensive furniture that Wright has sent in, when he thought there

was no occasion for it. I recollect a very large mirror coming in. He flew in a passion, and the mau that brought it almost dropped the mirror. They talked apart about it, and then Colonel Wardle ordered it back. I thought myself it was too much, as there was a large chandelier in the middle of the room.

Mr. Wright called, and it being wet, begged I would give it house room for 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 desks enough in the house, and it was not wanted. I told the man to put it down to me.

Mr. Garrow. Did he afterwards change his mind?

Mrs. Clarke.-Oh yes; he was ashamed of himself.

Mr. Garrow. After this business going on for some time, did® Mr. Wright express a wish for more money?

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Mrs. Clarke.-Yes; he communicated it to me, and I communicated his wish to Colonel Wardle. I had not a guinea on earth to pay with. I told Colonel Wardle money was wanted, 500l. or 600l. was mentioned. He said he had not the money immediately, he would consult a friend, and would let me know immediately. The application for money was made to me.

Lord Ellenborough here thought that Mrs. Clarke should have a release, which was accordingly executed and explained to her, and then she 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 be to her husband, she being a mar

ried

ried woman, and a second release was agreed to be made.

The attorney-general said, how ever, it could not be necessary, because the husband could hardly be liable for these things.

Mr. Park, you'll say she is not liable because she is an adulteress (at this Mrs. Clarke smiled), but that you cannot inquire into now. The release was assented to. Mrs. Claike in continuation. Colonel Wardle said, it would be some time before he would be prepared, and then not with money, but by a bill. He said that he sent a friend there about it. He told me he sent a Mr. Glenny-he called him Colonel Glenny. The bill was given. He told me that he would speak to a friend, a Mr. Illingworth, a wine-merchant in Pallmall, as at that time it would be improper for his, Colonel Wardle's, naine to appear.

Mr. Garrow. Did he express in terms, or leave you to conjecture from your knowledge of business, the reason of that?

Mrs. C.-In consequence of the Investigation that was going on, or about to be commenced, he thought it not right that his name should appear to any bill, or in any transaction of mine. I believe it was the 2d of January, and I do not recollect the date of the motion in the House of Commons 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 communication with Wright to know what was the longest time to be allowed. This was for Colonel W. not to interfere. I never knew Illingworth before. Illingworth waited on him. My name

might have been introduced before to Illingworth, however, though I did not know him, because my attorney had paid him 12 or 147, for wine sent in by him. I communicated to Colonel Wardle, that Wright wanted the bill for two months; but he said it must be for three months. He said he had seen Wright since I had seen him, I was informed by Colonel Wardle, that this bill was drawn 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 be tempted to make 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 Colonel Wardle before I knew Major Dodd. I saw Colonel Wardle about the end of August. I had a letter from the Exchequer Coffee-house without a signature. In consequence of that letter I saw Colonel Wardle. The note was written by Mr. M'Callum, Colonel Wardle came to my mother's in Bedford-place, about one o'clock, and staid till dinner about six o'clock, when he told me that Major Dodd had been waiting for him all that time. I was rather fearful of doing what he wanted me with him alone, because he was not much known in Parliament. Major Dodd was introduced as a gentlemen, a friend of his. I had heard of Major Dodd before. His person was unknown to nie. About the end of November we went a tour for three days, to view the A a 3 Martello

Martello Towers.

Mr. Wardle, Mr. Glenny, the engineer, and Major Dodd. They would not let me off the journey; I was in very distressed circumstances; I never went out of town but with Mr. Wardle.

Lord Ellenborough thought it unnecessary to pursue this course of examination further.

Mrs. Clarke. I first heard of an objection to pay from Mr. Wright, about a fortnight or three weeks since, about the time Parliament was prorogued. Mr. Wright trusted entirely to Colonel Wardle. Before I could go out of town I was obliged to have fifty pounds of CoJonel Wardle, to pay the butcher, and the fishmonger, and other things. He always told me that he would lend me 501. at a time. His expression was-lend, but I did not understand that 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 not to accept of Colonel W.'s proposals. There were no goods sent in till after the 23d of November.

Cross examined by Mr. Serjeant Best.

The house was first taken in November.

Mr. Serjeant Best.--It was in cousequence of a correspondence with M'Callum that you became acquainted with Colonel Wardle?

Mrs. Clarke.-Yes. If you call one letter a correspondence.

Mr. Serjeant Best having put several questions as to the time when she first became acquainted with Colonel Wardle, and she saying it was in the end of Autumn, she said it was quite ridiculous to examine her as to that. She did not recol

lect exactly when the first order was given, but she believed it was after Major Dodd's letter on the 21st of November. It might be the 23d; it was a few days before she went to the Martello Towers. Being asked whether Colonel Wardle had ordered coals, she said he gave a general order to Mr. Wright to let me be indulged in any thing. He 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 complained that he had no money, but still he found 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 10007. she would do for him; and whether she had quarrelled with him? she said, she had not quarrelled; but she had sent a letter, written by her, but dictated by a Dr. Metcalf, which she was sorry she had sent. She' had not seen him for two months. As to receiving money of him, she said, that he was averse to letting her have any thing after their negociation was settled. She once went to his house. in with a friend who was there. She sent for him into the carriage, and told him she wanted some money, and did not care how small a sum. He said it would be asked of her if she was giving her information with a view to any future advantage, but if every thing was previously settled, that might be fairly answered to the contrary. He afterwards sent her a draft on Marsh, Sibbold, and Co. for 201. signed by Scott, an army taylor, who assisted in the Investigation. She then begged leave to say something to correct her evidence as to quar

He asked her

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