The British Press; or, Morning Literary Advertiser.
London, England, 1805-03-05 00:00:00

COURT OF COMMON PLEAS, MARA ♦.

Btfort Sir J • ES M A ptsr Eris and a Special Jury,
DEFAMATION
cuttcH V. GuNsoF.
This was an action brought by the Plaintiii to te-
toyer damages from the Defendant, WIII) a Captain
in the Loya. Southwark Volunteers, for scandalous
words spoken by him, on account ct which the Plain-
tiff was refused 'admission into the above named corps.

Serjeant Coeur'.6 stated the case on the part of
the Plaintiff, and said he WAS sorry Captain Gunson
had mot. as it would have been very easy for him to
have done, prevented business from coming be-
fore the Court. He thought it was of a natuec that
should have been kept private; and if the Defendant

.
had innocently or conscientiously told the words as
alleged to be spoken by Mr. Clinch, he should, at
tie very first application by the friend of the Plain-
tiff, have told his author for them, and so let them
he traced to their original source. Mr. Clinch had

formerly been a Pr:vate in this Corps, but having
resigned, he, in the month of May last, applied to be
re-admitted. Captain Gismos). when he leari:ed this,
immediately goes to the Lieutenant-C:oonel, and,
after some conversation with him on :he uubjea, in
which the Colonel says, there can Le no objeaion to
the re-admission of Mr. Gooch, he roundly asserts,

that the Plaintiff ha(' drank a toast which was a
complete bar to his admission, namely, Mee
rib, A. a gra, au, a• d the Ken head bruited en ; and
further said, that if, after this, the Corps would seem
inclined to re-adinit him, he would take care that it '
"lever should take place, as he would write to the
Sect etary of State. and inform him of the circum-
stance. In consequence t,f this report, the Plaintiff
was rejefled, and. on application to Captain Curtain
to tell the person he had heard this from ; he pro-
mised the next day to send his name, but in fad
never did. The Learned S.ej !ant enncluthld by
saying, he was convii,cet: the .fury, n.. hearing the,,e
fads proved, would not hesitate to give ample da-
mages to the injured Plaintiff.
Lieutenant-Colonel Davis, of the Southwark Vo-
lunteers, deposed, that the Plaintiff had formerly
belonged to his corps, but had resigned, and enter-
ed into another. In May last, he made application
to be re-admitted, and to be made a serjeant.
:Moldy after this, Capt. Gunson came to him, and
said, he had heard Mr. Clinch was again to be ad-
mitted into the corps, and to be made an officer;
and then stated, what a scandalous thing it would
be to allow him to become a member, when he had
drank as a toast, " May Pitt's ribs be a gridiron,
and the King's head broiled on it ; and, that he
would take care and prevent him from coming
amongst tlynn, by writing to the Secretary of State,
and ininrliiiiic him of the seditious words. In con-
sequence ot.' this being reported among the members
of the corps, the Plaintiff was not admitted.
Colonel Alcock proved the Plaintiff had been re-
jetted on account of this report, and also becau.,e he
had entered into another corps since he had resigns".
Mr. Lee deposed, that being the friend of the
Plaintiff's, he called on Captain Gunson, and de-
sired him to name his author for the report he had
circulated relative to Mr. Clinch. the Defendant
told him he did not then remember who it was, but
he would be that d ay at parade, where he heard
it, and And out the person's name and leave it the
neat day on a piece of paper at his, the witness's
house, but never did. On cross examination, he said,
in a fortnight Act he heard Capt. Gunson had said,
that Serj. Hoff, of his own company, had told him.
Seri. Smarties°, on the part of the Defendant,
addressed the Jury at great length, arguing, that
it was the duty of the Defendant, as Captain ie that
corps, to report to his superior officer any thing he
might have heard respeting a person applying to
be admitted a member, particularly when it was of
such a very serious nature. He also urged, that
when the Plaintiff knew, as by his last witness it ap-
peared he did, Captain Gunson had heard it from
Serj. Hoff, why did he not apply to that person fur his
author, and so having found out the inventor of the
falsehood, if it was one, bring his action against him
Seijeant Hoff declared he heard it from a Mr.
Robinson, and told it to Captain Gunson.
Two or three other witnesses were examined for
the Defendant. Their testimony went to prove the
report of such a toast being drank had existence
long before the Defendant had mentioned it, but
none of them ever heard it, as drank by Mr. Clinch.
Seijeant Cocaett spoke to evidence, dwelling a
teat deal on the circumstance of Capt. Gunson's
(using to tell his author when asked, though at

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