The Sun.
London, England, 1806-05-29 00:00:00

•
\ -
Snia Cbmpass ; but • do tibtl(now, -that buint
these."
" You have • endeavoured to find them, and
have not -succeeded ?"—A. " Yes." •
Did the papers relate to the condn& of
Lieut. Lynch ; and did they contain any complaint
of the Subaltern Officers of the Regiment ?"
A. " To the best of my recolledion, there . was in
one or more of the enclosures matter relating to
Lieut. Lynch ; but .whether the _papers were origi-
nals or copies I do not know."
After some further examination in chief,a cross-ex-
amination by Sir VICARY GIBBS, and a re-exaMina-,
lion by Mr. PARKE, the CHIEF JUSTICE gave it as
his opinion, that the secondary evidence (the copy of
the letter) might be produced. Sir V. Goas then
requested his Lordship would *take a note of the ob-
jeCtion, which was entered into at great length by
the Learned Counsel on both sides.
Mr. LOWTEN then rend the copy of the lett6r,
which was dated 16th 06tober, isO3, and was ad-
dressed to Gen. Felix Buckley.
" Ssu—ln consequence of Lieut. Lynch's ungen-
tlemanly and unofficer-like conduit in the late trans-
actions with Captains Macnamara and Barry, we, the
subalterns of the 2d Regiment of Life Guards, find
• it impossible to do duty with him without exposing
our charaCters. We beg leave to say, that the rea-
son we did uot take earlier notice of Sub-Lieutenant
Lynch's conduct was owing to a report that he would
leave the Regiment, and by that means 'prevent the.
necessity of this application.
Begging you to take this affair into your Most
serious attention, we have the honour to be, Scc."
(Signed by eight Sub-Lieutenants.)
Sir VIC.ARY GIBBS, for the Defendants, said, that
this was one of the most unmerited, and ill-advised
actions that was ever bfought into a Court of Justice.
It now appeaised, that.the disthission-Of the Plaintiff
had no connexion -whatever with the letter, and that
it was occasioned, by the Memorial sent to the King
by Lieutenant Lynch:
Lord ELLENBOROUGH—" We must lay that out
of the case on both sides." _ _ _ .

Sir VECARY GLBBS.—“ Certainly, my Lord ; but
although we. cannot produce the memorial; we. see
enough to know, that this Plaintiff has' been .dis-
graced and dishonoured, as much as Man could be
dishonoured ; and because he is walking abOut this
town in such disgrace, and dares not to call upon.
these Defendants, he takes this method of appear-
_
'lit before you.'
The Learned. Counsel, after addressing the Jury
for a considerable time, concluded with observing,
" that the terms unofficer-like, and ungentlemanly,
however .applicable they might be to the Plaintiff,
when used to an Officer, were certainly libellous,
unless they wee justified in evidence. After all the
parade- about the dismission, it had ended in no=
thing; and the Jury had only to consider of the
damages they ought to assign for these fugitive ,ex-
pressions." • •
• Lord ELLtiNlionouon—" This is an a&ion found-
ed Or; a•libel in a letter, subscribed by the Defeo-
, dants; and addressed to General Buckley. It is com—
petent to an Officer to make' complaints of another,
to his superior Officer, stating the grounds of such
complaint, and desiring that the matter may be
jeaed-to judicial inquiry ; and such a representation,
made with this view, is not libellous. • But this does
not apply to a paper in which calumnious matter is
introduced, not with the design to lead to such an
inquiry ; and the terms ungentlemanly and unOfficer-
like conduct, used on such an occasion,ls.a libel. To
repel a libel, in a civil a&ion, it is the bustnes of
the Defendants to spew some reason or justice-in the

allegation derogatory to the Plaintiff; bat no such
justification would avail in the case of an_ indiOment.
The form of the record would have admitted this
sort of proof, but it has not, been resorted to in the.
defence.
.Thus the Libel stands
,without any Justi-
fication subje&, however, to such mitigating cir-
cumstances as you may cone& from the ,evidence.
The. Plaintiff say,s that he was suspended by General
-Buckley, and wps afterwards dismissed from the
Army, in consequence of this Letter; but we do
notsknow that this dismission arose from the repre-
sentation of the Officers, from :the dispute: with
Captains Barry and Macnamara, •or from what
-cause. We only know, that on the Memorial,.
His Majesty issued his c.ornmands to General Buck-
ley, signifying, that he had no farther occasion
for the services of the Plaintiff. General Buckley
never communicated the Letter to His Majesty, but
merely received the Royal commands, founded on
the memorial from Lieut. Lynch himself. Wemust
then lay out of the case the dismission, as produced
by the letter ; and also we must lay out of the case
the dismission,, as justifying the terms of the letter.
Then the question for your consideration is this :
What is the compensation the Plaintiff ought to re-
ceive for the anxiety he has suffered in consequence
of this letter, and the disgrace and inconvenience he
• has endured on account of the suspension (not tl)e
dismission) produced by it ?, The libel is'proved; and
no justification is attempted. You will, in your,
discretion, assign the proper damages, and.[ have no
doubt you will e%ercise a sound discretion."- Yerdia
for the PluitctUf, mot.

DUBLIN, MAY 25„—None of the banditti who
perpetrated the atrocious robbery, a few nights since,
on the passengers of the Mail Coach going to the
Picket, have yet been discovered. The Lora Lieu-
tenant. himself, it is understood; is sedulously em-
ployed on a general plan of Police.; a moasure.whick,
it is hoped, may put an end to-those daring violations
of the public peace which have so long kept this
Country-without the pale of national civilization.
The intended review of the Garrison and Yeomanry,
by his .Grace the Duke of, BPDFOIM, on the King's
Birth-day, in the Phoenix Park, is e4eCted to prove
a very brilliant spe&aele. •
To be just in time for participating of good for:
tune, is certainly an interesting moment ; and this
-very day may prove.the observation critically correct.
This matter will clearly be illustrated by remarking,.
that purchasers of chances.this day: (if such pre'now
to be had) May come 'in "jut in time'' fOr the.
20,0001. Prize to the first4rawn :Mather to7mor-,
row morning ; as well as •to become cindidates for
all the other Capitals 'and Prizes, to the amount of
upwards of 170,0001. which 'are still to draw, al-
though many thousand. numbers have already had
their fate determined.