The British Press; or, Morning Literary Advertiser.
London, England, 1804-11-28 00:00:00

SECOND APPLICATL

Mr. JERVIS then applied fur liurrtc to file a cei.
minal information against Mr. h rancis William
Blagdon, for the litsel contaii,ed ia the first pamphlet.
/le grounded this application upon the affidavits of
the Earl of St. Vincent and Mr. Tucker, and also
on the affidavit of Mr. Blagdon, all of which had
already been filed in the first cause. He contended
that on the face of these affidavits, it appeared that
he was the author of the libel, and by hi, own shew.
ing, he stated himself to be a most malicious libel-
ler; that after delivering them up to Mr. Bourne,
he confessed he was perfeEtly indifferent about them,
as the °Neel of them was done away by the report
of his Lordship's resignation.
Lord EL LENEGROLOH.—" If this the publication
on which you rely cn the Court's granting an in-
formation."
Mr. Jests, is replied that it was, and he trusted it
was suflicieat evidence to shew his malicious inten-
tion. Notwithstanding the advice of a respeclable
Gentleman at the bar, who said it contained libel-
lous matter, he delivered 700 copies to Mr. Bourne,
but did not say that he had delivered him all the
publication ; he, therefore, submitted that there was
trite sufficient publication, and abundant grouns:s
on which the Court might grant an information.
Lord Et a Esi sueouou—" This is an application
entirely within the discretion of the Court; it is not
now for us to say, what the impre,: ion of the Court
might have been upon Mr. Biagdon's conduet; but,
upon the whole of the case, the application coming
in this way, and adverting to all the circumstances,
I do not think it a fit case for the Court to exercise
its discretion upon."
EARL DARNLEY AND MR. BLIGIL
SHL KING V. HOBERT !MICH, sus.
In this case, Counsel moved to make the Rule ab-
solute, for a Criminal information against the De-
fendant.

The original application by Mr. ERSIUNE, and the
subsequent motion, shewing cause against the Rule
by Mr. ADAM, we gave us our Papers of the Ath
and 20,h inst.
Mr. AU Si, on the part of the Defendant, ex-
pressed :'rcat surprise at this motion ; he really
thought the Court was to have heard nothing more
of it, as Mr. Bligh was ready to submit to any
t.:ms the Conti should dired ; he was ready to en-
ter into recognisance to any amount, himself and
two sureties. This came on quite by surprise, and
he ..ad no opportunity of communicating with
Mr. I.lligh on the subjed, as he had been ill and
co,fined.

Mr. Eases's' said, he understood the matter was
to have been left entirely to the consideration of
both parties. If Mr. Avast, on the part of Mr.
Bltgh, had expressed any contrition or apology for
his conclud, and left Earl Darnley's affidavit to
stand by itself, it might be ais.other matter ; but he
tried to explain it away, and throw the charge on
h:s Lordship.
Mr. ADAM said, he understood the suggestion of
the Court was, that his client should enter into a re.
cognisance; but since his friend Mr. Bits,: us is did
not take the suggestion of the Court, he begged
icave to say a few words. Mr. Bligh direCted him
to state most explicity, that he was ready and will-
ing to enter into any terms the Court should dictate.
On the affidavit of Mr. Wish, it was perfealy clear
that he did not go to Sussex, or to Uckfield, for the
pnt pose of meeting or insulting Earl Darnley, but,
on the contrary, most studiously avoided every
opportunity of any communication or intercourse
with him; when he went to Brighton, he there
saw Earl and Lady Darnley, and immediately went
off for East Bourne; hut not meeting with any of
his friends at that place, he was on his return to
London, and stopped at Uckfield for his chariot;
while he waited at the door of the inn, he heard
Earl and Lady Darnley corning down stairs, but
did not recollea he stood in the attitude as sworn
by Darnley ; his meeting him WAS the greatest
accident in the world. His Lordship, when he saw
him, rushed furiously past him, and kicked his heel,
in consequence of which he, Mr. B. gave
him a push with his hand. His Lordship
then swore he would break his bones, only
Lady Darnley was present. Mr. B. further swore,
he was most anxious to avoid any thing personal,
or which could be construed into a provocation to
tight, what he had done was not violent. The
question. therefore, for the Court, the learned
Counsel observed, was, whether they would exer-
cise their discretionary power in this case ? He ex-
pressed a wish that the affidavit should be read,
from the whole tenor and effect of wh.c!i, he sub-
mitted, it was impossible to conned it with the for-
mer transaction.

The affidavit was then read, which was in sub-
stance, as above stated.

Mr. ERSKINE observed, on the part of Earl
Darnley, that upon the affidavit of Mr. Bligh, as it
then stood, his Lordship appeared to be the aggres-
sor, and not Mr. Bligh. It had already gone be-
fore the public that Mr. B. gave the first assault
and how would it now appear ? This he consi-
dered as a high aggravation of his offence, but
how were the Efts? It was positively sworn
lie stood across the door, with his arms encod-
ed He would ask, was there no other door in
the house, no other possible way of going from
East Bourne to London, but through this mi-
litary pass, as he would call it. or was there no
other inn in the town? When he heard Earl
and Lady Darnley on the stairs, he placed him-
self in this position, and appeared as if intend-
ing to obstruft their pa,,sage : he rstade a little way

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for her Ladyship to pass, but when Earl DAri '"
inme up,. he cried an a loud yoic; 4! Yi.s iir...ibe
greatest wound., in Ehglind." iradjsr!rnedia.:.fist
aimusi a blow at him with el hi•sforee t this was the
Language and threat he made Use of on the flit-rises
trans:titian. • . • • •
Lord ELLtnsottotou-44 We ale eudeai
oarlng
to pot the most lenle;jt•construelion upon this ago.
ter, buz we find the old. anger and a-limb:ill tuilte
out, that led to the lime cool:logien in the faraler
letters. I therefore think Eattl Darnley has a rlght
to the plot' lien of the Cot:.c., and, from the faith as
stated, Ilas a right to have the rule mad.. a!,,n!ttio„
If, hereafter, any thing .-nay be doge Unarms the
parties, towards en accomnindition: that Is for thins
to consider."—Rule made absolute.
GENERAL Piero4.
DOWLING C. PICTON. t
Mr. DA LI. As moved to make the Rule astsolate
for putting °tithe trial in this CAW.
Mr. l'ala ea vAi chewed c.uike against this rules
which was obtained on the affidavit of General
Picot, stating, that it was necessary for hip to
take not a commission to examine the iknorneyilae-
neral of the Island of Trinidad; and also a gaoler
of that island ; the Plaintiff's witnesses were :.{I In-
habitants of that Wand, now au-London, ready to be
examined, and aenainut to go home again.
Nlr DA Lt. AS observed this Was an adion of ors-
pass and false imprisonment brought agamst Ge-
neral Picton, for an ad done by him while in the
capacity of Governor and Comniander-in•Chief of
the Island of Trinidad, and the damages were laid
a: 40,0001.
It was necessary to examine witnesses in that
Island.
The Court ordered that the Plai• tiff might ex-
amine witnesses on.„interrogatories„ and made the
Rule absolute to postpone the trial.
i\sui.s- ON MAGISTRATES.
Mr. Glues applied for Steyr to file a Criatinal
In-
formation against Mr. George Lowther, of Salisbury,
fur gross misconditel towards the Earl of Radnor.
the Rev. Mr. Jacob, and several other Magis-
trates for the County of Wilts, by whom he hid
been summoned to answer the complaint of a poor
labouring man of the name of Sopp. The offence
was contained is two letters, written by this gentle-
man, to the Magistrates, in which he charges thien
with inability, and an intent to cloak themselves
with Magisterial authority, fur the purpose of tir.
sonal insult.

The Court granted a Rule to chew cause.
TI F. CHESTER % OLUNTEE Rs.
Tilt KING r. DANIEL avieriatiers.
The Ar roast.r.GtNaitat. moved for the judg-
ment of the Court in this case.
The Judges' report stated, that the
bad been convieed _at the Chester Sessiettee
with two others, for Aiding and assisting in a
and for rescuing one Daniel Jackson, a szarnane
had been legally impressed. It appeared, that
tenant Dutch had impressed Jackson, and bt
him to the rendezvous house, where he *at
rounded by a large nark oft or 3no persons,
of whom were Chester Volunteers, in uniform; e
demanded some of them to come fo.ward, when
the Defendant and three others advanctil, and the
former told him the Volunteers wanted him to release
Jackson ; their musi...t:. were loaded with slugs, and
unless he einiki comply, they were determined to
carry their pte3t. after, the mob proceeded
to the r •ndezvons house, and from that to the gaol,
which th..y forcibly broke open, and rescued I, ck-
s.m. In the mean time, the I-relent/ant bad lett Ole
rioters, and m tde every exertinn, to assanble
Magistrate,, and quell the disturbance.
By the affidavit of the D r*daiit, it tap-leered that
he was a very loyal and industrious man, pith a
wife and four children ; that immediately after Ito
had spokea to Lieut. Dutch, in the fi eat of the tnob,
he was conscious of his error, and male every excr.
thin to rolled the Magistrates and assist them.—
Some time after, he was seat fcr to ri to the tft--
change, and went without any hesitation. The Met-
, gistrates then dismissed him, and desired him to t.
tend on the day following, which he accindi.aply
did, and was then arrested, and informed that L;eat.
Dutch kid tiled an information against him. lie
was confined for nine weeks, in consequence of
which, and the agitation of his mind, he had seve-
ral nervous attacks and hysteric fits, which bad
much impaired his constitution, and his wife bciag
great with child, was very had, and her I;fe de-
spaired of, and likely to be much ss Arse, with ap-
prehension, on his quitting Chester.
The affidavits of three respeaable surgeont,
stating the dangerous situation of the Deferment's
health, were then read.
The affidavit of the Mayor of Chester, several cf
the Magistrates, and a great nam'icr respv..ahle
inhabitants, was then read, all of whom • Ave t;.r
Defendant a most exemplary character for altj,
honesty, industry, &c. &c.
Mr. GLE•DE, in a most impressive, pathetic, and
feeling speech, addressed the Court on behalf of the
Defendant/ and the ATTORNEY Gesitit•i. made
some ohservations in answer, in which be admiited
the conduct of the Defendant, the character he sup-
ported, and the recommendation of the Jury, were
strong incitements to the mercy cf the Coart.
During the time the Defendant remained in Court,
he was so violently agitated, he was or able to tug-
port himself, and, when the Court was about to Fill.
nounce judgment upon him, he was in such a twos
of terror, that their Lot Alsh'ps found it expedient so
postpone their judgment till to-morrow; ant'. by
consent of the A Trouts Ls- Gus ss E, instead of be-
ing committed to goal, he was sacred to go m
large.

MA mstom-Housk.—Yes;:rday a genteel, welLi
dressed young man, underwent a second examins-•
lion before the Loan Mayon, charged with being
concerned, with several others, in i conspiiaty to
defraud tradesmen of their goods under false pee.
tences. It appeared that they had fitted op a
counting-house in Nicholas-lane, Lombari-st.eet,
where the goods were ordered to, but au miner
was forthcoming. It appeared from the evidencst
of several persons, that the Prisoner Lid i'nly
acted as clerk, and that a Mr. t 3- was tbo
principal; that they had ch.oned a beuse .n Rood.
lane, Fenchurch-street, and when the creditois be-
came troublesome, removed to 'Nicholas-line. TIN
prisoner male no delc-,.c, and %%as 1-crusaded for
further examicatiou.

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