The Express.
London, England, 1851-11-18 00:00:00

THE LATE MURDER MARYLEBONE.

THE EXPRESS, TUESDAY EVENING, NOVEMBER 18, 1851.

ewer the matters of the affidavit upon which the rule had
been obtained without gittir.g evidence from various
places ; that it would be us, cssary fur him to scud to all
those places to collect mat Ants fur his defence ; and that
he believed, if time were allowed him, he should be aide to
I prove his charges. tnder these circumstances he applied
to the coast for the enlargement of the rule. There was a
precedent for this application. It had been done in a case
of a criminal information filed at the instance of Don
Pacifica against the proprietor of the Morning Herold, upon
an affidavit stating that the matters to which their
article against Don Pacifico referred were is respect of cit.-
.

• Gould, who bad bees in onamand of the regiment for two ,
I year:, that he had found his son to be " an exedlent officer ,
and a gentlemaii:y young 111411." Subwquently the defen-
dant learnt from his son that his iv.itappiness was calico'
be the treatmt et to which he was subjected by Captain ,
Hort, and which he had found to be quite unbearable. The ,
defendant immediately wrote to that officer on the subjeet„
and a correl ~,,,, lenee ensued bctween them, in which some
harsh tapresciuns were used, and which resulted in the de-
fendant writing to the colonel of the regiment and the officers !
generally the two letters contaiuing the libel complained of.
A bill was afterwards printed by defendant, denouncing
the prosecutor, Captain Hort, as a liar and a coward, and
this bi'l was posted in the locality in which the regiment
was stationed; in addition to which Lieutenant Harris
placed it in the mess room, for which he was tried by a court
martial ; and it being held that such conduct was a viola-
bon of the articles of war, he was adjudged to be dismissed
the service, but with a recommendation to merciful con-
sideration ; the sentence was, however, subsequently con-
firmed by the commander-in-chief. The defendant, in his
affidavit, now said that he was not aware that he was com-
mitting an offence against the law by writing the letters,
portions of which he now found were libels. He was sorry
at having been excited by the conduct of the prosecutor to
commit the offence with which he was charged, and instead
of pleading a justification, he had been advised to plead
guilty, and trust to the clemency of the court.
The Attorney-General brit fly addressed the court on be-
half of the prosecutor, urging the gross character of the
libel, and the necessity, especially at this time, when every
effort was being made in the army, and by civilians, to pre-
vent recourse being had to personal conflict in matters of
honour, that the court should visit such an offence with
same mark of its high displeasure.
Sir F. Thesiger declined to add anything to the observa-
tions of his learned friend.
Mr. Chambers then pressed upon the court, on behalf of
the defendant, that he had been aetaated by the feelings of
a father, whose son had gained the esteem of his brother
officers, and of whom he was naturally proud. That until
the prosecutor was appointed to the company to which
Lieut. Harris belonged, nothing disagreeable hail ever
occurred between him and his superior officers—that be •
belying his son to have been the subject of great persecution
on the part of Captain Hort, he had been excited, without
knowing the offense which he was committing, to use the
language which had been so justly complained of; and
he (the learned counsel) trusted, seeing that the defendant
had already suffered from the distressing circumstance of
his son (for whom he had, at the age of 19, purchased a
commission, and whose prospects in life were so bright and
promising), being cashiered and dismissed the service—he
trusted that their lordships would think it a sufficient
punishment to call upon the defendant to enter into his
own recognisances to keep the peace towards the prosecutor.
He was also hound to impress upon the court that although
the defendant belonged to one of the first families in De-
vonshire, his pecuniary means had been very greatly
reduced, and that, with the exception of a marriage portion,
his wife and family, consisting of four daughters and three
sons, were eutircly dependent on his exertions. In conclu-
sion, it was hut just to the defendant to state that the cir-
cumstances between Captain Hurt and Lieut. Harris, and
which caused the provocation under which the defend
ant wrote the libels, could not have been inquired into by
the commander-irechief, and that the colonel and other

eumstaimes that occurred in Greece, and that, therefore, it
was necessary to obtain time in order to discover whether
the charges in the article were true or not. This was a
direct precedent.
Mr. Justice Erle—There is a suggestion which I think
it right to make. You may take a rule ; but I think it is
one which should be argued the day after to morrow if the
complainant be desirous to have it brought on. If not this
role of itself would postpone all inquiry until next term.
I think that the prosecutor should have an opportunity to
answer this affidavit if he thought it important to bring the
inquiry on without any further delay. Say, then, that on
Wednesday cause may b.: shown against this application if
the complainant chooses to bring it on.
The Attorney-General—There cannot be the least of •
Lion to such a course, my lord.
Rule nisi granted.
THIS OATIt OF St PIUINIACT.
. .

...—...
Several gentlemen, upon being called to the bar, took
the usual oaths administered by the Master. Whilst the
oath of supremacy was being put,
Mr. Justice Brie suddenly interrupted the proceeding by
observing upon tho gross impropriety which one of the
gentlemen wall guilty of in laughing while in the perform-
ance of so solemn au set. lie thought it was anything but
creditable to the gentleman to indulge in a broad grin
whilst discharging serious a duty.
The individual referred to made no observation.