The Sun.
London, England, 1808-08-23 00:00:00

'SPORTING INTELLIGENCE.

YORK Mr.F.TiNsi.—SATuRDAY, A;:•C.,20.
' Niatelt tor i0.,0,g5. u. tt. , 0 Milt:S.
•I.d Foley's (late Mr Nielli.li's h • f) o) Shuttle t
Mr. Hewe'.l's h c Teazle Evitch, I).,.!ter Teazle 2.
2 Alla 3to I aAst Agties. I}:Ftli easy.
Nlatdi for so2gs. Two mikes,
Sir W. Gerard's .h. c. b) I i.4l,bietuttian, ojt of Mary- •
Anne -
Mr. t lowo'rth's late Mr. M. Ilish's) I'.c kVetivet, t4st z
Lveu betting,, but the v. utter the tavourtte. Won very easy.
Mat It tot 20,gs. h. ft. Two miles.
Mr. 1. Acted's 0 c. Vl/4',oistorct, by. Stattit;ml, dam bY Sir

Peter - - - - - t
Mr W. flutchimon's b. c. Silvio, by St Ge00.,,e, out of
Alan. - - - -
tven betting. Silvio:swerved near the Ludini; Post.
Motch for 200gS. h. It. One mile and friff.
Mr Bouitoo'b b.. c. Clitti-, by St. Geoqe, Bst.
Mr Nititoil's h c Itbi‘er, bst. ~i:„. : -
Mat‘n tor so-,0. n. ft. 'l'vc,tililes. •
NIL Clittoo's b c. Poulton, biotliei--10—Iyldetier, by
Sir Peter Tcazie, list. 3ib.• received It. trent Mr. Mellish's
b. c. Experi thew, .Bst.

- 2

- 2

DERRY NIEETING, I UESDA.Y, AUG. 16.
The Maiden l'late or 5,1. lOC dit ~Fes. 2-mile heats. '
Mr. Stevens's ~..it, g'. by Nu Pretender, 4 yrs. 5 ' t
Mr. I.))ott's pr. c. Lichfield, 4 yrs. - j 3 3
Mr. Carr's b. g. Bryan, 4 yrs. ' - - 4 2 z
Mr. liaye's M. I. MAO ut tile Mill, 3 yrs, - 3s 4
Mr. itoulthee's b. c. Waxy, -; yrs - - 6 6 5
Mr. Icictiardsuit's ch. t. Cleopatra, 3 yrs. - 2 4dr
Sweepstakes of logs cacti, for all aces. Two Miles. Eight
subscribers.
Ld Grey's b. c. Gustavus,' oy Ileningbmutzlt, 4 yrs old I
Mr. Jltwell's b. f:Goosruier,, 3 yrs old, Est. till), ;

WzrrNESDAY; AUG. t 7
Fifty Pounds tor ail a),,es. . Four Mile Heats.
Mr. Andrews's b. It. Thorn, by Beninbrougi;, S yr; old
Ms I,itu,..'s Sir Andrew, 6 yrs old, asst. 91b. 2 2
ksiNte, to. c. Teicinechus, 3 yrj old, 6st. 31b. 3 3

GALWAY ASSIZES.

LIBEL AND DEFAMATION.

RICHARD .14,4ART1N,, ES Q. M. F. PLAINT4I7-ORYAN
DUANE, GENT. ATTORNEY, DEFENDANT.

This cause exciteda greater share_ of attention'
than any we ever recoiled to have witnessed at at),
Assize; for Galway. '•
information contained several Counts, a=nong
which were one tot a libel delivered to the. Duke of
Bedford, by the Defendant, and" another for dela-
mat4ry words uttered repeatedly by the said
in the presence of many credible. witnesses, - tending
to the injury, and :even involving' the life of the

The charge .of libel was contained in a.memorial
presented by Bryan Duane to the Duke of Bedfovd,
when exercising - the powers of Lord Lieutenant.
It was read in. Court; and appeared to, be a very,
wild and malignant production. It was addressed
to his ExCellency(forgetting the title of honour that
pertains to Duke), as the Memorial of B. Duane,
of Fountain-hill, in the County of Galway, Esq.-
and set forth that the Memorialist was possessed of
an immense .propertY, comprising several valuable
leaseholdintereqs in the county of Galway; that
Richard Martin, , Member for the County, has a
property therein, including almost the whole of that
immense tikt of country (including. nearly seventy.
miles) which is very
,considerables;
.and that the in.
fitience which the said Richard. Martin exercises over
his innumerable tenantry, is Most dernsiVe and cotn-
plete ; that armed with all these. powers; derived at
on ~:e from his property, his popularity, his. charac-
ter as' a Member of Parliament for the county, his
quality as a Magistrate, and as a most powerful and
popular landlord, the said Richard Martin, on the
6th day of September, 1806, did -coliect together
several Yeomen, 'Cavalry and Infantry, an im-
mense corps of Sea Fencibles, also his tenantry;
and, not content with these, his whole domestic
establishment, which is representt:d as, very great,
stewards, iattilers, coachmen; grooms, ; and
that this posse comitatus, so.dreadfully formidable,
leas headed by a Frenchman, (liorreseu referens
who adno;ts that he came with and, fright at .Castle-
tar against the forces of this Kingdom, after the
landing of the French at Killala; that: this army
amounted altogether to upwards of 200 perstas,
one hundred and thirty-one of whotn the Memorialist
had identified.

The third paragraph in the Mernoria States,that
the said Colonel Martin caused the Yeomen, Sea-
Fencibles, domestics, but above all the toriudat)le-
Frenchman', to be armed with swords, Muskets,
pistols, pickaxes, and other " deadly and otierisive
Weapons;" and being so armed and supplied, and
mounted upon Mr. Martin's horses (whose stud, it
should seem, amounts to 200) ~vit h trumpets. sound-
ing And.colours.flying, made an inroad upon Duane's
lands; for which he pays 3001. a-year, arid did ab•
solutely then and there level his :hedges,
Jitches,.'corn; potatoes, grass, and jrnprovenients,
and laid the ,•4 hole in devastation.

names-Mr. Kirwan had.rnentinwd, and-who were
then in. Court, and before the. Pefendant's eyes.
The Defendant, however, declined to. examine
any Witnesses, and the Learned Ridge proceeded
to charge the-jury. He began. by observing
.upon
the. dangerous tendency of countenancing shuders
against persons of elevated.rank and situation ifl, life,
and especially against those-entru,ted with the
. duty. of representingthe public in Parliament. ibis,
it is true, Was a land of freedom, and the cliara'eters
of all men were open to disclii:;ict and, occasional
animadversion ; but those who, be
cautious as to the nature and extent. I.‘,..r.inlar;in
t+tood in an especial degree before the Electors o! the
great county- he had the honour to address, and be-
lore the public at large. He ,was,yepealedly,chos,en •
by that county, as the guardian of their. rights and
libel ties, proving, by a reFetition of their:cipice,
that they were fully satisfied With the mpdeitatwhich
he discharged his parliamentary dutiesmirthat he
stood ,high in their estimation, as --well as of the
country iii' general, Was obvious from the circum-
stance upon which they were all competent to de-
cide. .Chaiatiter is the primary, object to all men,
but public men may be, said,to exist upon charader
After dilating for some time upon this topic,
the Learned • Judge remarked, that the evidence of
. the slander was the most dire& and 'conclusive ever
brought forward witiiin the walls-of a Court ; that
it not only reMaineduncOntradi&ed and unsoftened,
but that 'the Defendant did not 'adduce a solitary evi-
dence in extenuation. -Slander, then, of the blackest
dye, most deliberate in its intent, most mischievous
and deadly in its aim, was, proved against the De-
' fondant;' it tended, to vilify and.degrade one of the
'first charaoers in the country; it went not only to
, prejudice, but to blast. him in -the opinion of his
constituents. But the malignity of the charge did
'not rest- even here : it. Went farther:even to brand
him with infamy, and to render him unworthy of
life. For what was its object ? It charged him :in
sulistance with the crime •Of conspiring .to murder,
fi
.which conspiracy to murder is now made a felony of
death. Tice Learned Judge, in conciaision, ob
served, that if the Jury believed- the evidence, and
it remained uncontradided and unweakened.,,they
must find a verdia for the Plaintiff proportioned to
the crime, and 'also proportioned to• the; rank and,
situation of Mr. Martin in. life.
The Jury retired, and'..brought inra, ygrdid 2001,
damages, and full costs,

t

. CORSIPALL

These Assizes ended at Bodmin 'on Saturday last.
—There were thirty-eight causes set dqwn,
at Prius, some of them_ of considerable- im-
portance.'
The Wheal,Towan cause was determined in fa-
vour of the Defendants, Lords Falmouth. and De
Dunstanville,
The causes relating to the right of fishery in the
river or creek of St. Mawes,. wherein Admiral Spry
.and the Mbrquis of Buckinghatri were virtually the
parties,. were tried .before Mr. Justice_, BAILEY.--

, .
The Memoriat proceeded to state, that Lieutenant The limits of the creek were ascertained to extend
Evans, of the Ballinahinch Cavalry, sent his horse ! from the entrance, viz. freM a line across'the river'
to graze on the field of the Memorialist, and that from :Castle Point to Carrack-Narth, so far as
his example was followed by alt the corps and eom- e the tide flowed; and that the Marquis of Back-'
}zany.--But the material clause in the Memorial,
and that upon which the Plaintiff tested his chargee
, Ingham, or ,those under whom he claimed, had,
tiine out of mind, uniformly, and WithoUt inter-
of libel, was the following '—` That the Memo- : ruption, , enjoyed anchorage, metage, bushelage,
rialist being in dread 4(.1 tear of his life, !lacing been
several tittles threatened that they would shoot him, 'and wrecks of the sea throughout the whole creek.
and having been credibly Informed that the said '• -:
Evidence,
.hoWever, was produced to shew, that
in a particular part of the creek, viz. Si Anthony
Frenchman (‘olio lives in liailinahinch) with the :Aaae.hett,
Serjeaut of the cavalr, it retained tor'y the sole
near the Droller, under the Barton ot Place, Ad-
purpose of shooting IVlermiriaikt ;--Memorialist, miral Spry and his ancestors had exercised an ex,.. •
,under such terror and dismay, left the lands for
his own personal safety, and was obliged to come elusive right for abeVe2,o years. On the part of the
in an open boat to. Galway, upwards of 100 miles, ! Marquis it was contended, that the particular aas of
' enjoyment of this spot by Admiral Spry,were usurpa-
On , his way to Dublin, to obtain advice and re-
dress tot such an unprovoked and unexpected in- lions on the rights of the Margins i ferAhet the-,
jury."—Meniorialist then states he : has no hopes ;
whole cast of the evidence tended to shew till whole
creek to be part of the manor and b6ron4 Land
0 -
of redress from the civil law! and that he' is ad- . I
royalty of St. Mauves.
.vied to appeal against men who aced in denance In answer to which, Mr. Justice,BunEe said,
of .all laws, human and divine, to his Eeellency— i that supposing this faet, 'there Was'yrt sufficient to
that the county is deeply alarmed and much agi- presome a grant from the Marquis'or his ancestors,
toted, &c. • to Admiral Spry or his ancestors, of the fishery in
This Memorial was presented ,to the Duke of St. Anthony Mill7leat, and of the.ooil.skShe beach"
Bedtord during his Viceregency in this -part of the above-tnentionech .
kingdom, and was transmitted, by the order of his Under these circumstances,. the‘Cien&el,for the
Grace, from Sir Edward Baker Littlehales, to Mawr Marquis agreed,. that the tenant, of AdinieAopry,
Marshal, at that time Brigadier Major of Yeomanry . the lessee of St. Anthony Mill-leat, shoulsl, take a
to the Galway District, by whom a copy was handed verdia for a shilling damages. - '.• e
to Mr. Martin. - ' - In the next aetion, Admiral Spry had set forth a
With regard to the libel, the Plaintiff was not claim to an exclusive fishery throughout every other
.able to prove it, on account of the non-attendance
of a person from the Castle, who was summonzd part of the creek, and a broad intimation was. given
by one of the Admiral's witnesses, that should the
to give evidence to its identity and delivery by IY
i Admiral succeed in this action, a claim would,have
been set up to
Duane. The Judge, therefore, directed the Jury to : privileges more extensive, such as
lay every, consideration of the Memerial out of their i anchorage, ,bushelage, metage, &c. &c.
mind, and directed them to find their verdia on the It was-at length, however, agreed, that a verdic
L.01,1111S charging slander 'only. 'should be bleu in 'this chose for, the Marquis,
.
After the opening speech of Counsel, upon' the most material' issues,-, by which,the Ad-
James Killicy, Esq. Colleder of Excise, being miral .abandons his claim to the fishery in the other
called and sworn, said, that he, lila conversation :
• parts of the creek,- and takes nothing in respect to
with Duane, iii Ott. 1806, charged him with the , his manor of Bohurra. . The .effeCt, therefore is,. that
baseness of a calumny uttered against Mr. Martin,i in all these other parts the fishery is settled to be a
by him (Duane), upon which Duane solemnly as- i common •of fishery, and the right to anchorage,
sorted as a truth, that M'. Martin did keep in pay
nc man, who fought in Ca• h debar against the metage, bushelage, 'Fools, &c. to be' in the Mar-
a Fre quis, throughout the whole creek.
Icing's forces, to murder him, and that he would The Counsel for the Admiral's tenants 'were,
prove it. MeSsrS. JEKYLL, ' BURROUGHS, GAZELEEi_ . and
M..Kirwan, Esq. bring sworn, said, that in July, MOORE,; for the tenant* of the Lord of the Matter,
1807, Duane being asked in the Hall of the Four Messrs. LENS, PELL, DAMPIER, CARPENTER, and
ADAM. Courts in Dublin, oy Mr. Martin, it he still persist-, .
ed in the gross and malignant charge of his, Mr. .
Martin's, keeping a. Frenchman in pay to murder Thomas White ~Esq. for forging the nartp,of -Sir
him ?. Duane, in reply, unequivocally asserted that r
...HRISToPHER KNIGHT, deceased, with intent to de-
be did continue the ( harge, and that be vi as ready to fraud his Executors, was tried at Limerick-Assizes;
prove it. Mr. KirWan added, that the Courts were and received sentence to be imprisoned sntemonths,
then sitting, and that the words were spoken in the and publicly, pittured on the 27th. August, in ,the
presencct of 30 or 40 people. lie particularly named city of Limerick. -
Mr. Higgins, Mr. Jiihn, Browne, and others who
A melancholy accident occurred on
.friday last,
were listening to his i. vidence. ,
after the review at Wanstead Flat it;.tintilber of car-
Mr.l-liggins, one of the Gentlemen named, was tines were driving clOse togethere ail .it 'a. very .fast
next called, and corroborated, at the fullest and most rate, towards town. A man got 4.1-4iliO4Me, and,
sali,laCiory initialer, the testimony of the preceding , on the cpachman perceiving him, lie
.Whliep,dover
Witness. ' the roof of the coticlie to drive hirer dowp "i,lic.-! iii;pl;
i. . .
• 1-bie
Here Plaintiff's Counsel closed the case, qb- to endeavouring to. get .down a. qtect ai foe') ,
terving, that although they did net think it neces- fell, and, shocking to relate, the whei:ls. of anethei
sary to take up the time of the,Court by producing cartric, -which was close behind, event over his
the Witne,ces. the n present, the Defendant had it in ' head before the post-boys could stop their horses.
les' power to call upon those Gentlemen 'host i He died insaantly,. his skull being- cruslicd to pieces.

SI iIP NgIVS,

GRAVE }4D, .AUGyST 21:

. ,
Passed by—the fames, Shilhurii. from Oporto ; Fortuna'
Cook, from Q!ienee;,thioa, Revengers, from Charleston
and the,T:Todo:e Antonetta, tOrn
Riga ;! N'Arthurpr from Grenada ; ‘Tarletoh,
'Heisall,- Tried, Teak, Supericc, Simmons,.- Dispatch,
'Groves, Cesar, Geoerous'Pl nter, Hamilton, Lis-
'ter, lohnson,!Llarinony,. Ones, and the AusuStus Caesar,
Kirtiy*,-froli; Jamaica.
Sailed—the Zitperimeht, Phillips, for, Guernsey t-
riot, Huffily, Henry, Pype, and the Little William, Godes.*
for Gibraltar.

A Rh.' I'S Oast \V.)pe; Qt.