The British Press; or, Morning Literary Advertiser.
London, England, 1804-12-03 00:00:00

DUBLIN, Nov. 9.6.

Potter, Esq. having been convieted at the
last Assizes of Galway (on an information), of
havi:,4 used gross and insulting language towards
Sir Thomas Judkin Fitzgerald, with an intention to
provoke him to fight, was this day brought up to
receive judgment.
Mr. Solicitor General (Pct seer) stated Mr.
Potter's affidavit, in.mitigation of punishment, with
that terseness and perspicuity for which he is re-
markable. His statement was nearly as follows:
—That Mr. Potter was a gentleman of consi-
derable landed property, in the County of Tip-
perary, where he resides, and had been uniform.
ly and universally esteemed a loyal and a good
subjed ; that in the year 1798 a man-servant
of his suddenly withdrew himself from his ser-
vice, an ' having found the rebels, who were then in
arms, became an active and noted insurgent ; that Sir
T. J. Fitzgerald, whe was then High Sheriff of Tip-
perary, and who, in • addition to this important
office, had invested himself with extensive military
powers, immediately circulated a report of the
most abominable tendency, the falseho .d of which
was afterwards manifested in a Court of Jus:ice.
Sir Thomas asserted, on the confession, as was pre-
tended, of the very servant in question, that his
master, Mr. Potter, was privy to all his treasonable
plans, and that he had colluded with him to bring
A party to attack his house at night, that he might
have a reasonable pretext for the surrender of his
arms ; that Sir Thomas then proceeded, in conse-
quence of the suspicions he had himself created as to
Me. Potter's loyalty, to place his property in a state
of military requisition. He immured Mrs. Potter
and the other females of the family in the garret, and
placed an officer and party of soldiers in the house
to live at free quarters ; that while those soldiers
were ethausting the provisions and cellars of Mr.
Potter, the mast taunting messages were delivered
to Mis. P. ; and that she was frequently asked
in derision, would she chose a bid. 4in ail 6te,; that
the solaiers were at length withdrawn ; but that
they conveyed away with them, in their retreat,
on cars, whatever provisions and wine remained un-
consumed. Mr. P. stated, that Mr. Potter had, in
the year 1799, brought his action against Sir T.. 1.
Fitzgerald ; that the cause was tried at Clumnell ;
that no evidence was adduced, to substantiate
the slanderous reports that had been propagat-
ed against Mr. P. or to justify the outrages
that ha d been committed on his property ; and
that of course there was a verdift against Sir Ihonias
.1. Fitzgerald, which verdill had been afterwards
arrested on a point of law : That, at the Fair of
Ballinaslue, in the year 180.1, Mr. I'. had purchased
some cattle ; that Mr. Fitzgerald laid claim, without
any colour of right, to those cattle, as his property ;
and that Mr. P. suing with a recolleftion of former
iiijaries, and apprehensive that it might be a renewal
of that system, from which he had before so sea erely
suffered. had made use of language, of the imps i-
priet) of which he was now very sensible. Mr.
['austere concluded by reraiading their Lordships,
that his client, Mr. P., was liable to all the costs on
both sides, and that he was instructed, the bill of
costs ren the part of the Prosecutor only, amounted
to 3,0901. The Lord ('hid Justice Dowries,
that in trials by information, the Defendant was not
liable to pay the costs incurred on the part of the
Prosecutor, but that if he undertook to do so, it was
generally admitted in abatement of any tine that
might be imposed.
the SOLICITOR GENERAL said, his client should
undertake to those costs.
Mr. Justice Osetz as z mentioned, that the Jury,
by whom the information was had, had great hesi-
tation and reludtance, in bringing a verdill of guilty
against Mr. P. that they had been deeply impressed
by the provocation he had received, and had stn, ngly
recommended him to the justice and cletnemy cf
the Court.

Mr. P. was ordered to be brought up again on
Wednesdey, and t:le costs mean time to be as-
certained.

N.11'41. ►NTELLIGENCE.

Arrived the indicitry cutter, .Meteor and Saran*
bombs, from A cruise; Sisjiiiik, Robinson, and the
Ann, King, from London, bound to the N% est•ln-
dies.—Wind Easterly.

aslltt*Y, NOV. 29.
Arrived, this .tfternoon, two 'King's brigs, sup-
posed to be from Plymouth, to take charge of the
stores and crew of the Venerable.
DEAL, Nov. 20.
Sailed the Adder sun-brig, for Sheerness, and two
gun-brigs on a cruise.
Arrived the Mallard, Strwhtly. Rinser, and Ba-
ssi:Ague-brig% from a cruise off the French coast,
and remain in the Downs, with the ships as per tact.