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Courier Newspaper Archive: December 12, 1809 - Page 1

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Publication: Courier

Location: London, Middlesex

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   Courier (Newspaper) - December 12, 1809, London, Middlesex                                TUESnAY^ DnCBMBKR        1809. PRICK SIX1 > KN Ci'JIAJ.FPE-N'N'V .   .cotrat/OF wire's liKNCH. pec ii. /^M^'Sis^ r/figUKcis^wM^     m.vmr anne ^^ijl^{fflk^wmg wfreilic (ScotWinen snorn oh tiie -It^kfew Mflody, ' J'Hifpli Jai-ksfliii Ksq. CI�4�Tii��on-li�l''   WHliuiv Hurtwn, Kso. i'W!�i._-,u.�^^|ij,^ . .   Jieorg*. Rn.idaU, Esq. ibmd^sq.      Juines Poole, Esq. ,iBAHitfJ^"*"*^^''"     ' H.i�lwrt l��ver, l-iq. t^^r^ASt^Wfiii'^^^pymsiA.idt Colonel Wan ^1^1 sfari^^orlte^.^^ this was aa.indipU MUt fi^^i^^^i^^lS^^''^ indictment recited �^ilU0tfilf^>^^-^^^^^^^ .Wright, Itai'ing sold I ^gwji^pTO WoydW^^dle, TWtUithe price; of them ; f'.'aoil iit pHi^MA^W:^/of itiiat.; conspiracy,  Fr.incis plajrj^iioe ClMfe^snd i3&iMel Wright, appeared as (iipilKiseS in 4be> capsel   The tastiaiony they guTc letr. cot in the injt\ictraent, .the .tDaterial i�itsi6f-ivliich -were, that Colonel W'ardle Iraii uii-^^^]�0l'(e.{b,y.forti]esc;good$, by means of whirh ^^^^I'tcstinX'Bj^'^be djtf^idaiit, Francis ^Vright, db^ ^^siei 4 venSctagaipst the prosecutor. i^T. AilEY, as Jcailiug Comisel for the prosesu. -J|t|HJi LthcB addressejj jhe-Jury iii a speech of consi. ;iJ4!fft�lB''4?Dgtb.; .He began by latnenting that the i        of so niSnjentous -a cause should fall upon .�.'^ranto-couducfc.   But- ^circumstances had arisen, vjidi' racd^tfed itoccessary thj t his fjeamed j-'rioinj  SeijjeeatBest, vrha otherwise Avould have conducted it^-was.to appear as'a witness, and (lio lieamed Seijefctti�&ught it Got quite delicate to appear in '|�th;CLaactei:i-df^i^-OCftte ai�d witness in tirc same qBBSe. -Hehat^ hqyevcr, no doubt, but that the �Jujy would lead hito'their patient and kind atten-:6��n^!�ndif theydj^S"? l"-'      ""^ despair but that ! ;)veifbould:i)e abhft. to narrate to th� m the case of his dient, wliich needed only to be distinctly stated . �pdfdearly understood,, to warrant a verdict in his } fiTOur.  ^^'lfh respect to the Noble liOrd on the j rjeoch, "to him he did jiot address any prayer of [ . JKrOiUj, for to. all tiw bar it was known that his Lord-glM-�Lteuded his l(^ind iodulgonce wbencTtfr it was jcL'ded without being asked.   His I>ordship had only itt new the facts of a cauFc, and whether that cause WW conducted"by the hii^h and commanding tnlcots of tliose who wereretaincd for the defend ants �B *Jk?present occasion, or by an humble individual 4jtt^i-ioseif, made no dill'irence to the impartial jpfwl af ttc Nobla I/ird who presided on tho Henrbi  It w'ouiti be right, before he entered into tlyjttwniiiw which Jte haul to. Jay bi.'fore the Juiy lK-4iW[�M0 of ids chmf, to' make a few preluni. ifirf;dbscrrations.  Perhaps it might Ic e.^pect-ijfijjlgr-$o!ne, Uiat he ^ pirtncr, tWugh itiBiight'wry well be doubted if he |.lU^iitttdroi>^.p impt�ssidn on ; ^ �Nabt�!ti|f |^iafrk}tt� Personage, in wliosc hind. ��ss;stergSf,.Bjjaie:timeiwas.indidged with all the ; v o^e&a4KNtpi|l�tt|ii4e^ in fi*l^.?lil*iftap|irf acquired Ufe and strength . ^       . ^ -Jw her N�ble and Gene- ( .1*0? Pfftettwr, 4^Vf^d his. fond indulgencics ': ^^ai�bfs�jwdiwI*^p�*o sully his illustrious ; T^***4'Pter>4)Jd[;d^r�3iJils ' eri^^ ivonour. i iojHsrrerik^ stt^;.,^^^  These were the i *f^f^\Miirii'iid>emt asid he would bow pro- [ coed to tljc other" parts of the case.   Theindictr lUent, as they lidd heard frtfm his Learned rrionj Mr. Arabia, ch?xrged with a conspiracy to fix Co)o-nel Wardle ^ith the payment of a debt for goods rarnished by Mr. Francis Wright to Mrs. Clarke. Aiid before he went any fartherj it was Ittting that he should state to them what the law of cojis^jiracy w as.   Jjord Coke had laid it down as tho agreement between divers to do �n unlawful act ; and (he crime of con.epiraCy might be complete, Oiongh no- ; tiling was done iu pursuance of it; for-itwas4be very-act�r conspiracy wliich was unla\vful.   The (act of the parties conspiripz need not be proved on die trial, but the Jury Tbight infer it fapm the cir- \ camstaiices.   For if it Were not jjilowed to be in* ' ferced from the collateral facts, it would be Impos- ' siWe to convict the criminal'excejjt by evidence of a particcps erimiui.i.   The law therefore had most > wisely decided, that th� fact of previous coaspiracy imightjrbecollected by the Jucy^ from thcdraw^ ti f^i^#h1chM^if^^^^ i which they wWh I decide whether the parties had f acted by any previous cdncert. lie was aware it i might be said, because indet'd it had alwidy bf^en.  insinuated, that an indictment for a Corajjiracy >*as I not a proper line to have been adopted, but tliat an { indictment for perjury ought to havebi'on iireferr>. ' ed^ if any perjury hid been committt d on a I'ormir , trial; and it had also been said, that irm c liint h.id * pledged himself to that mode. This, hi'took leme . to say, could only liappei\ by a niisundcrstandinij ; of Mr. Wardle's Letter ti) the People of isus;lan>!. ! Jn that letter he stati c!, fh:i( a wrclict had bf<;i obtained against him by p  now *^ confidently ask^d the .Iniy H h<;th<'r In; had not re- i deemed the pli'd/^c It had also bcou objected thai: j by including aM the parties in an Indfrtmetit for a j' Conspiracy, it wa? depriving them of the testimony which they might be enabled to have, lint there was ^ nothing iu this olije<'tion, for if no evidence sho�14  bo adduced against any one of the parties, his ! Lordship would direct a-i immediate acquittal, an.l j thus enable (he acqiiitiil pact}' to boionu' an ' evid<'nic for tJu-otln-is. But he and lus Jicar, but as Mr. Curt could not spare the mouey it w.is ultimately paid by Mr. Wriiiht's own draft, -which he should prove: this, therefore, compU-tely ^faisiiled her statement that Mr. ^V'ri^llt would not give tier any credit. He should also shew that Mr. Wrii^ht sent In coals and otlier articles, and even paid ibr her policy of insurance. To proceed nc.vt to the interview had at Wright's house: on (he 1st of December she accompanied Coldil got Mr. il-lingworth to give Wright a bill, on hi^ unj.rtaki.ig to indemnify him. He staled farther, that hf; should calf Major Dodd to conlirm v. hat .Vir. Wardle wouhl state a.s coiitradictorv to Mrs.LIurke. And her<'it grievetlhim to State to (lie Jurv, th:;t Majrtr Dodil had sudint! most "^eren !y fcr doing his duty to his country and appearing as a witness ; he had beendi�miss iiuation. aul it was intimated to him that he wnu'.d be sn dismissed if lK?appearedasa witness before the Grand Jur) .Ik-preferred his duty to wealth,and cheerfu'h siiciiiiced e.vteri'ir trappings to a sin.-e of liuty, auil, liivc Cincinnatus of old, Avas cond nt to retire w iti; honour to irity and virtue. a^iiii he deprecated goiiif; iiitoaiiy poiitica! {li.-Cll^Fioll ; but if it should be in:-i:iiMted that a .Noh'e l\T.-:)n;ir;e on the liench fthe j)iik4i.t)!' Ken() ii;iJ auy put in these transa<:tioir nl to tlie \'.is(.' v\,i- ( '.io'.'^';h- ilib. Atforwy (i'< ralshfttild .v<^:ito'rr.t-1  ptst t!.- .irr/'i Juggler into the bov, he wo^ik! . I iiiT.s-ir', led in*o an exaiuir.ailon mo^t I'.iii' ''il lo lit- f' , aTid in est di-i-h'-e a .scene which h< (�<'(i.'..iri|.:a'ij with terror; iiut wharcve;- it (o-. lil^ i'nliiii;-. i.i: would bfildly do liis defy to !,i-. ciicut luiJ i; j through with it. lie hued his Kin^,', and v^^r.ld shed his hlood in !iis ciei'.'nce, and u.iiilJ unwillingly go into a. di-clo-iire ot circiu'ssuuuci wlii.h might hurt (he feelings of uny b;anth of tint Illu-irious Faiuily, unless by the cojr-e taken by the (kfendaut's Coan^el, lie sii.mld Lo driven into the sea of political mr.,:hinatioiis.- The learned Counsel siionid also call .Mr. Glennie, a man who, like Mijor Dcdd, luul Ijeen dej-'ilvc d of a military appointn.out of \7<. or iJis. a-di\y be. cause he had chosen to d.o his dufv toCod aiul w.ru\. He should then call M.-. Bull, \\\w U t Mrs'. Cliike the house in ilcdies-street. Caveudish-square, and a woman, wno was witness to t!ie ai^rcement between the parties. He should al.-jo call .Mr. Curt, whose house in Wcstbo;iriie.|)lacc had been hired frcm Itimbj- the same conspiiiuy, and who would [)rove, what (he Leanierl Counsel li;id :)ot ni' iitioi-�ed before, that Francis \Vright had p.iid him two (juarters' rent snijseijuent to the ai'.pjaiutaiice of IVlr.^s. Clarke and Col. \S ardie ; and yet h'le -.woro that the ('ol. paid for every Ih.ii'.g slu' wanted. il V'i' li:n > u-, ho would call Mr. Sullivan, who was acquiiiii(i-d witli (he whole transaction. For this book had a''ier-wards been given by the Earl of Ciiich'ster 1 '0/. The Paradise f.ost of Milton sold for l.jf. ai: 1 (hat. profligate production fetched lOjG'JO/. whi!; :ii..fi(. was starving in a garret. Before the lycarned Couriso! sat down. !e wo',!d say a word upon the situation o!' il.v i-arii.-. 'y\:'\s was not aquestion of money ; that lh :> cc.i'i.r could sacrifice, but his honour wa-^ (hn; to Idr.n. The defendant, Francis Wright, had f;.ii;i.d ^iUi>>l. and promotion pio'jably ; but the Leanxd '.,".)un:el wished him still higher promofion, 'hit fo t'le pillory. The Jury had to dctermia;; to-ur.y, butween corruption and public virtue-whLti.c; tli tght, pfaiuH^, and. Gwyllim Lloyd Wardle, defendant, on which a verdict had bech given for the plaintiff, for 1095/. 8s. .od.; and with the costs amounting-to 1194/. which verdict was obtained oii the tiOth November, 1809 ;Sand in which cairsf Mrs. Mary j^VnneClarke and Daniel Wright, the piaintilPi brother, were sworn as witness<;s for tho pfaintitf. J.^MKi DowT.iNO read from a copy of his notes ; taken iu short-hand on tho said trial, the evidence of Afrs. Clarke and Mr. Dani'-l Wright.    !     (IrouoE Stludv, one ef the sworn Clerks in i Ciianrery, attend.d by (fircctintf of the Master of ih.' liolls, with the original bill hied by Colonel Wardleagiinst Francis Wright, and tho answfr of ; the sui�l Francis Wright thereto, which answer ap-� pearcd to be sworn      the 31st of October,_ 1809. The answer was then rf-ad by .Mr. Lowten-and otiier Gentiem' n, and purpor-ted to bo the-sub-'� st.mcc- of what inJ been swora on the said trial. Mr. Jamf-8 Dow ling havitig retired,-w^ !ig.-iin called.   The .At'oriiey-Genera! requested leaJe of Lnrd Fi!en!)orci!gh to i-.sk M,r. Dowiiiiga question, which being granted, .Mr. G.lrrow a.sked him if he took the whole trial    Answer, he did.-(li-^Did Mr. Dowiiiig recollect (hit Serjeant isest, who was to have b-il the cause on tlie [lart of Hie defeaijant, iv.is noi i:) Hour:     the be..^ri(inii)g of (he trial?. A, Witness rein.-tiiL):-ri d h-e was not.-Q. Did lie re-collpcf ihat Ih:- -Vtiorney-Gcneral challeiigetl the feiidiiil's (,'ui!:js<"l to e.'.arrii.iu; Major Do jt after Mr. Si;rjeant ^est arrived, the At-toir,e\-{!eiiera' r jjeated his cliallongc. and .'aid7tliat iiewisjed tiieiTi to e.xaniino Mnj.tr Dodd, for tllUt he (.''[�.jor D.) w:m;!(! miki- o'.-.f hi': case ? A. Recollected Ih..-^(l!.^".u    n! such c!iai:et!;jc. You iiv" in J:i.r.ifs..,true/, Btrds-inghtrntigate, I bcliev.' :� -\. 1 do. Q. Veu -.vire' a Colonel in the a rmy,-1 believe ? -.\. 1 was f.ieut.-Cid. in Sir W. W. Wyuae'sile. ;jt of Fi-noijles. Q. When did y>u first know .Mrs. Clarke ?-A. On t'lc ISth of: .V.iveuibfr, 1S;.)8. Vou formed acquaintance with ihir in order to obii'dn information from h:r respecting an encpdry )o-a wereR'iii'g fo set on fool:-.\, 1 did. Where did she then reside? A. At No. 14, Bodford-place. ho'.r :ooii after did Mrs. C!arke remove to Wcst-bnurne-place ?   Nitv days or a fortnight. Did vou continue to visit iter at Westbournc-pl.ice   ' 1 did. Did vou cwr, from tho 18th Xovember to the 1st December, p.'-o.'niie any thing respecting payment for tho furniture furnished by Wright ?- Never. Did any thini; pass on that subject ?-Yc� ; I had some  conve^^;Uion with Air .  Clarke.    She told nie   site was furnishing a fwiLsc  in West-bourne-phuc, but did not say ivho the upholsterer ' wa^. !     D'tl vou at;eiid ci:\ tlse l>t Decomher with Major Doild or Mr. Giani, of Barnard's Inn?'-1 did. Did r^lrs. Ciajke accojipany you there? - She did. Did niiy 'h.'ir.s; particular occur tliat day respecting Mr-. Ciaike :-Kilh:r on going or refurnii'.g, Mrs. (. Iark r tfi'nt coidd induce such , a belief in (he mind nf D. Wright?-Nothing. in what way did Mrs. Clarice conduct herself ?- She she nod jomo furniture, which she said, wtis for hcrhoir.'c; pnrtlctdarly stme curtains, which, she said, c-iir>(' from h.^r house in Gloucester-place. She aoo'pointt^d out some cliairs v*hici were new, and I und.-^r.-.tood, (licy were for her. Was any thin;; further pointed out to voii?_ Yes; s.ho shewed some paintings 
                            

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