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to make such noise and confusion at a tiff had been taken into custody they theatre as to prevent the performers froin had found for the plaintitf. proceeding; although they had a right The foreman of the jury stated, that to hiss or applaud at the moment; hut, they were all of opinion generally, that if
any body of people were to go to the the plaintiff had been illegally arrested. theatre, with the deliberate intention of Another of the jury then informed hissing any particular .actor, or even of his lordship, that the principle on which damning a piece, there could be no doubt the greater part of the jury had given but that such a deliberate and précon- their verdict, was, that it was harsh, certed scheme would amount to a con- that for so slight a matter as wearing spiracy, and that the persons concerned O. P. in his hat, the plaintitf should in it may be severely punished. This have been taken into custody. being the law of the case, it was for the Sir J. Mansfield said he treinbled for jury first to consider whether there had the verdict the jury had delivered. He been any riots at the theatre on the was sorry, he said, that they had not night alluded to, and whether Mr. Clif- stated the precise ground of their verford was not to be considered as an in- dict, because inany persons might supstigator of those riots ? As to the plain- pose the disturbance which had prevailtiff's rauk and situation in the world, it ed was sanctioned by law. It would made his example peculiarly mischievous. be shocking to say such was the meanThose in an inferior situation and of less ing of the law, as such a construction knowledge of the law, thought his ex- would tend to every thing subversive of ample was a protection to them, and, the constitution. therefore, his wearing the 0. P. in his [It may be asked, Is it constitutional hat produced a very different effect from for a judgę to put such questions to a what would have been the consequence jury, after their verdict has been deliof similar conduct in a person of very
vered upon their oaths ? inferior situation.
The success of the above cause exciThe nest point was as to the legality ted an unusual attendance of 0. P.'s at of his apprehension. He must allow Covent Garden Theatre the same eventhat the rule of law was, that no private ing, where shouts and groans were given person could arrest another for å bare for their friends and opponents, the breach of the peace, at a time subse- private hoses were strikingly reprobated, quent to the commission of it, without and no Bow-street officers or hired a warrant from a magistrate. By law a prize-fighters dared to enter the pit.] private person had only a right to arrest The disputes at the theatre after sixty a person rioting or breaking the peace six nights of disorder are at length settled. at the time of his committing such of- Mr. Kemble sent a note to Mr. Clifford, fence. If the jury should find a verdict and an interview took place, which led for the plaintiff, he would request them
to Mr. Kemble's introduction to the to state to him the grounds upon which 0. P's assembled at a public dinner at they so found, whether it was from their the Crown and Anchor. -After an adopinion of the arrest being illegal in dress from Mr. Clifford, stating the parpoint of time, or whether they did not ticulars of his interview with Mr. Keinbelieve the plaintiff iu have assisted and ble, a committee was appointed, and encouraged the riots.
several articles were drawn up and a In about half an hour, the jury re- greed to- - They are in substance as folturned with a verdict for the Plaintiff- low:--The pit to be reduced to 3s. 6.Damages 51.
the former rate of admission. The boxes The moment the verdict was announ- to be continued at 7s.--At the end of ced, a tremendous burst of applause the present season, that part of the front communicated itself to the multitude boxes which is now occupied by annual without, who to the number of several boxes, to be restored to the use of the thousands almost filled the hall. Some public as it was in the old theatre, at the time elapsed before a word could be time of Mr. Kemble's becoming a proheard.
prietor. . - All legal proceedings to be Sir. J. Mansfield then asked the jury, inmediately stopped, and Mr. Brandon upon which of the two points referred the box keeper, to be dismissed. whether a riot had been committed, and · whether the plaintiff had been a parti
On the 18th. came on in the court of cipator in it; or, on the fact of the riot King's Bench, the trial of Messrs. Dahaving been ended at the time the plain- niel and Erancis Wriglit and Mrs. Clarke,
for a conspiracy to defraud Gwyllim advantage from her evidence before the Lloyd Wardle, Esq. The circumstances house of Cominons, and to relate all be of the case were so amply recited on the knew on the subject of Col. Wardle's former trial, iu which, by the perjuries furnishing Mrs. Clarke's house ; and alledged on this occasion, Mr. Wardle that therefore the colonel forbore calling had a verdict given against him for fur- either bim or Wright; though they had niture delivered by the Wrights to Mrs. both been subpænaed.-Col. Wardle Clarke, that it it is unnecessary, and our being again called into court as a witness, limits prevent us from entering into de positively denied that Stokes ever assigned tails.--The witnessess called to prove to him, that the furnishing of Mrs. Clarke's that Mr. Wardle had not made himself house was a reason why he wished him liable to pay Mr. Wright for Mrs. Clarke's not to appear as a witness in the house, furniture, and consequently to prove by or that any conversation passed on that inference, the fact of the conspiracy, topic in his interview with Stokes. This were the Colonel himselt, Major Dodd, was the substance of the evidence of Mr. Glennie, and Sir R. Phillips. The both sides. - Mr. Alley, the leading two first contradicted the testimony gia counsel, (Serjeant Best being subpænaed ven by Mrs. Clarke on a former trial, as a witness but not called) who so eloas to certain expressions used by her quently opened the case, was then heard while selecting the furmture at the up- in reply, in which he made a forcible holsterers, and the two latter gentlemen appeal to the jury, on the superior crestated the substance of conversations dibility which the plaintiff's witnesses with Mrs. Clarke, subsequent to the justly claimed. conclusion of the late parliamentary in- Lord Ellenborough summed up the vestigation, in which that lady admitted evidence, and the jury, after deliberaher own responsibility for the goods in ting about five minutes in the box, requestion ; particularly on offering her turned a verdict--Not Guilty. memoirs for publication to that respec- The Royal Dukes of York and Kent table bookseller, who bade 50001. for were present: them, when she said she must have 70001 as she had to pay Francis Wright Mr. Canning is said to have expressed 20001. for furniture; on which Sir Ri- considerable surprise, and even dissatischard declined the purchase, but for faction, at the readiness manifested by which she had since obtained 10,0001. Lord Wellesley to supply his place in by the hands of the Earl of Chichester the foreign department. The occur for their suppression, besides an annuity rence reminds us of an Eastern tale, for life !!
wherein one of two friends being conOn the part of the defendants Mr. :demned to die for an offence committed Stokes (Mrs. Clarke's attorney) was against the state, the other consents not called, who said that he told Col. War- only to be the messenger of the melane, dle, during the investigation, that he choly tidings to his prison, but to inform must not call him as a witness, (since him," that as somebody must underhe could not there claim his privilege as take the office of strangling him, and as an attorney) for by cross-examination he it does not signify by whose hand a man might be compelled to tell that Mrs. dies, he is himself just arrived time Clarke expected to derive considerable enough to be his executioner!"
PRICE OF STOCKS.-Dec. 23, 1809.
Ex. Bills 5 10 pm.
India for Opening
Omnium 21 pm.
India Stock Shut
India Bonds, 19 20 pm.
Imp. Ann. 74
Lottery Tickets, 221. 15s.
END OF THE SIXTH VOLUME.
(B. Flower, Printer, Harlow.]
Curwen, Mr. inconsistently approves
the conduct of Austria, xv
Duel, shameful, between Castlereagh
and reforın, 1xxii.lxxiii
Expedition to Walcheren, xy.xvi-IC-
count of, xúvi-objects of, xxxix.lxiv
delity of the court of Rome, vi, note
Fall of the papa! hierarchy, reflections
his actions, v-armour of his imperial Fox, Mr. his just character of Pitt, lvii
France, all attenipts to abridge' the
power of, tend only to increase its
Francis, Emperor, remarks on the ma-
nifesto of, viinix
duct of the dissenters at, on the ju-
France and Austria, viji.xvi
tition of, xxxi
grand corruption of christianity, in
Infidelity, prevalent amongst the higher
Jubilee, reniarks on the proposed, lvii
remarks on the common council
the celebration of the, in various Peace between France and Austria,
remarks on, lix.lxi-xxvi-between
Ixvi-manner in which it may be ob-
Perceval, Mr. account of his places and
Perry, Mr. challenged by Cobbett, and
the Morning Post, on the subject of
Pluralists and pon-residents, such per-
sons lightly esteemed by Christ, xxxvi
Pope of Ronie, called christianity a pro-
fitable fable, vi
Popes generally vicious men, iii
Portugal, remarks on the war, lxi.lxiii
on the union of, i-vi.
Prayer, the jubilee, Ixxiv
Prediction of the downfal of all civil
establishments of religion, 'v
ble to the papal sce, iv
Priestley Dri his remark on the infide-
the Morning Post and Chronicle con- Prophecies the most important, glori-
ous fulfilment of, in the fall of the
Protestant governments, intolerance of,
Queen Anne's bounty to the clergy, in-
per ann. xxxii
Romana, Marquis of, his ridiculous ra-
pouring respecting the will of Ferdi-
nand &c the increase of the Spanish
Reform in parliament, absolutely ne-
Religion, statc, always useless and ge-
nerally hurtful, xxxii
pedition - Mr. Perçeval's letter to
members of parliamen-Lord Gren-
ville's election for chancellor–Sub-
scription for Mr.Wardle, &c. lxxxvii
Ryder, Mr. appointed secretary of State,
fall of, -évery where on the de-
Turkish empire, on the fall of the, s
Tyrol, visit of the deputies from, to
weapon ever invented, xxvii.xxviii ports of the enormities of the French
Walcheren, the expedition to, fatal na-
form of government, xvi.xviii-rc- by tho British predicted, xxviii
marks on the war in, lxi.lxiij
conduct of the, xix
Wellesley, Marquis, his embassy 'to
Spain, xlvii--drinks success to the
name excites peculiar sensations of
horror, Ixix-annihilates the liberty
of the press in India, Ixxxiii-Sir
Portnigal, xx.xxvi-most undeserved-
imperfect state of, in retreat, xliv--sickness of the troops
INDEX TO THE MONTHLY REGISTER.
Anecdote, election, 258-Newgate, 416
---of an honest ship-owner, 217.
An Oldfashioned Christian's remarks on
the consecration of colours, 188.191
cellor, on the peace with Austria, 347 Ariny agency and cloathing, abuses in,
tack at, 66-battle of the twenty-
letter of the Emperor of, respecting
316-400-humano attempt to abo- Englishınan, 428