The Sun.
London, England, 1831-12-23 00:00:00

" FRACAS IN THE KING'S BENCH.

" A gentleman named Deacon, who has at present the
misfortune to be an inmate of the King's Bench, was
visited daily by his wife, who generally spent the whole
day with her husband. The lady was one day surprised
at the receipt of an amorous epistle, which was left at her resi-
dence by the post, begging an assignation, it was signed X. Y. Z ,
and requesting an answer to be addressed accordingly, to be kit
till called for at the post-office, within the walls of the prison.
The lady very discreetly brought the letter to her husband, who
took the advice of his friends as to the best means to be adopted,
to trace out the gallant writer. The plan determined upon
Iproved successful ; there was no notice taken of the affair pub-
icly, but the lady was instructed to write an answer, and di-
rect ft as reque-ted. The answer was punctually called for, and
by the system of espionage which had been set on foot for the
purpose, it was readily discovered that the messenger was
employed by Captain Garth. Mr. Deacon was then ad.
wised to seek reparation by an action at law, but he
preferred a more summary course. On Friday last he pro-
vided himself with a small pocket-whip, used by sports-
men for their dogs, called a flogger. This he placed in
the crown of his hat, along with the love-epistle, and he accosted
Captain Garth on the racket.ground at a time when it was
thronged by persons. lie demanded whether the letter was in
his hand-writing. The Captain, seeing the letter in the hus-
band's possession, acknowledged to being the writer, and Mr.
Deacon instantly knocked him down with a blow of the
fist, and whilst he lay before him, and before he could recover
himself, began to exercise the use of the flogger, not in the
fashionable style, that the Captain might imagine himself horse-
whipped, but in good earnest—he cut at him so heartily to con-
vince him that he was really being whipped. The bystanders
timely interfered, and rescued the Captain by removing him be-
yond the reach of the infuriated husband. The affair was
appealed to the Marshal, but whether on the part of
the Captain seeking redress, or otherwise, did not appear.
The Marshal not being empowered to interfere to take into
consideration the provocation, but merely the breach of prison
discipline that had been committed by Mr. Deacon, ordered him
one month's close confinement in the strong room, where he now
remains. A petition, numerously signed by the prisoners, has
been forwarded to the Marshal, soliciting his liberation, but no
answer has yet been returned."

The Learned Serjeant observed that Captain Garth was
a young man, and whatever might be his misfortunes
in life lie was not to be exposed to prosecutions of this kind.
Nothing could be more satisfactory to his mind than to hear his
Learned Friend, the Attorney. General, indulge in vindicating
the liberties of the press ; but he (Mr. Serjeant Wilde) was
prepared to call witnesses to prove that so far from Captain
Garth having acknowledged to having written the letter, he
most positively denied it. The paragraph had been written for
the express purpose of holding up to ridicule the character of
the Captain, and he hoped the Jury would award such da-
mages against the writer in the Morning Advertiser as they
thought he ought to pay. The Learned Serjeant then called
Wm. P. Amber, who stated that he was an officer of the
King's Bench prison. He recollected the day on which the
whipping of Capt. Garth took place, being on the racket ground ;
the Captain was walking there, when the defendant came up
and requested to speak to him. The Captain replied certainly,
—Mr. Deacon then took a letter out of his pocket, and asked
him if he was the writer of it ? The Captain said, certainly
not. A second letter was shewn and the same reply given,—
Deacon then knocked him down with his fist, and the Captain
retired to seek assistance or something, upon which Deacon fol-
lowed and struck him furiously with the whip, and then with
his fis

This witness underwent a cross-examination by the Attorney-
General, but nothing particular was elicited.
This being the case for the plaintiff,
The ATTORNEY.GENERAL then addressed the Jury for
the defendant, and observed that the Paper in question was
well known to the public as a journal seldom heard complained
of in a Court of Justice, and its correctness ever called into
question. He would not trouble the Jury by calling any wit-
nesses to prove the truth of the paragraph complained of, because
his case had been completely established by the witness Amber,
He would not detain the Court and Jury by any lengthened ad-
dress, and ho hoped they would dismiss the case, and by so
doing induce the plaintiff to keep impudence and innnoralit)
within the walls of a prison.

The Lord Chief Justice TINDAL summed up, and the
Jury found a verdict for the plaintiff—Damages one farthing.
On application being made to the Court to certify, hislLord
•hip refused.