The Sun.
London, England, 1814-09-27 00:00:00

t, he'should.be posted as a liar and a Coward,
.1 that eternal dishonour and infamy should he
••1..0 Tit upon iti:n." That alter this threat Mr.
departed.
Sir."Baber, in an affidavit, in answer to, one
-:•i-orn-to by Mr. Douglas.' explained the reasons
which operated on his mind. in. refusing to hold
personal conununication wit)) Mr. Douglas ; 'and
staled, that long antecedently to the period last
'Petitioned, all intercourse, except on,otlicial sub-
jects, had terthinated between him and Mr.
Doeglas-; and that he (Mr. Baher) considered
M.r. Douglas, as leis ins eterate enemy.
It further appeared, that about twelve o'clock
-of the same day,-the delendant,'Mr.
itagan, called on Mr. Reber, informed hint,
• " that he was deputed-by Brown, itt coo-
- sequence of Mr. Baber's having refused' to hold
• ..comintudeation'‘..ith Mr. Douglas, to demaild an
• apology for, or writing' contradictory of the re-
port in ,circulation. to the prejudice of Lieutenant
Brown's father, which report it was understood •
had originated with Mr. Bober." It was also
, stated in the 'atfidaCit of Mr.Baber, that although
lie refustil to give the writing, or make the apo-
lo,gy so 'required, he expressed his .willingness to
explain,. and did explain, to Mr. Gahagan the
circumstances connected ‘vith the reptirt goes-
tionl—ond expressed a hope, that Mr. Thomas
. Cabagan would withdraw himself From
further
interference in the business ; but that, notwith-
standing the explanati•n so given by Mr. Baiter, •
Mr. 'l'. Gahagan, in arrogant .terms, demanded
from Mr. Baber• " a writing contradictory oc,or
an apology for, the report in circulation to the pre-
judice or Mr. M. Brotvol," adding, " that Mr.
Balser must take the consequences of a refusal',
which Would be attended with everlasting igno-
miny to him."
It also appeared, that after tittering this threat,
. T.' Galiagan took his departure ; and that, in
a. short time afterwards, a paper was pasted on
Wall, opposite to the house of Mr. Baiter, in the
liand-writing of Lieut. Brown, containing the
• lowing words : " Mr. Thomas Daher is a Liar
and a Coward."
. • It further appeilred, that about two hours after
Mr. Baber had been so posted, Mr. Thomas Ga-
bagan made another visit-to Mr. Bober, and that,
lifter informing him that Licut Brown had put
...his threat into execution, he stated, that Mr. 'l'.
tiabaga-n butt by Mr. Douglas, to
'nand satisfaction' for Mr. Baiter for an expression
which had fallen from Mr. Baiter in his former
• conversation with Mr. 'l'. Gahagan,
that Mr. Baber's reason for not •holding any
'comniunication with Mr. Donglas• was, that lie,
• -Mr. Douglas, was no. Gentleman, or words to
that effect." To this,
,as appeared from Mr. Ba-
. bees • affidavit, he immediately replied, that. Ire,
.Mr. Haber, bad not used the expression imputed
• to hint by Mr. Gahagan ; but had said, " that he
had forcible reasons" for not holding any com-
munication with Mr. " Douglas." It. appeared
that Mr. T. Gahagan, not satisfied with this re-.
ply, intimated to Mr. Baber,•" that he had Made
use of the words ascribed to him, and that they.,
Mr. 'l'. Galiagan and Mr. Babel., must settle that
point, and that Mr. Baber should hear further on
that subject."
'ie affidavits of Mr. Babel. disclosed other cir-
cumstances, which we think do not materially
bear on the-subject immediately before the Court,
and particularly respecting a message which was
afterwards sent by Mr. T. Gahagaa to Mr. Baiter;
and the affidavit of Mr. T. Gahagan denied gene-
rally the statement of Mr. Baiter, and asserted,
that Mr. Baber did use the offensive words respect-
.- ing Mr. Douglas,: Several circumstances relating
• to the children which had been found- in the Zil-
lah of North -Malabar, and liberated by Mr. Ba-
ber, were also stated in Mr. Baher's affidavit ;
•. but we do not consider a detail of these matters
hs necessary to explain the proceeding before the
Court. We shall therefore content ourselves with
the preceding summary of the facts which ap-
peared before the Court ;—in giving which we
have endeavoured to detail them as impartially as
• possible.
It. also appeared, that when the events of this
extraordinary day had passed, as we have de-
' scribed, Mr. Baber applied for the, protection of
the- Civil and Military Authorities Of the Zillah :
and that MesSrs. Douglas and Gahagan were re-
quired to enter into Tecognizancei to keep the
peace ; mid L'ent. Brown was placed in arrest.
- Mr. Baber, as it was stated by his Counsel, in
order to account for his delay in applying to the
. Supreme Court, • communicated to the Madras
Government the occurrences of the 9th of Octo-
ber; and, as 'se are informed, for some time ex-
pected that the Company's Law Officers would
be directed to• prosecute the defendants, for of-
• fences against him as a Public Magistrate.; Early in
. the last year, however, he learnt that the Govern-
- ment did not think it expedient to direct a prose-
. eution 3. and Mr. Baber then laid •his papers be-
fore Counsel. Ile. WAS advised that the case was
of a nature most fitting to obtain the extraordi-
nary interposition of. the Law, and was recom-
mended by his Counsel to apply to the Supreme
Court, for a rule to show cause why Criminal
Informations should not he filed against the de-
fendants. In the first Term of the last yeai., the
Court was moved for a Commission to swear Mr.
Baber, who was then in NOrth Malabar, to the
truth of .an affidavit,. containing the princiPal
facts already noticed : and, i a the •second Tenn,
. which commenced in March last, a rule. was ()b-
-rained,. calling on • the defendants to show cause
why Criminal Informations should not be filed.-
- 'l2 his rule, we believe, was granteil by the Lord
Chief Justice ; but refused, if our recollection be
correct, by. Mr. Justice Macnagh tett, principally
upon thie ground, that his Lordship considered
the.Cow'rt not to have. j.urisdiction to entertain
such a proceeding.
,-The.delendauts, in -the third
Term,
,appeared by Counsel, and endeavoured
to thew cause why the yule should nut become
absolute : and their, Counsel, Mr. IL
.Galootban
then took various objections to the, proceedings ;
but mainly-contended, that the Supreme Court
had. not jurisdiction and.tha, it it had, the pro-
-secutor was too late its •ITSorting to it. The Lord
Chief Justice- and Me. justice Newbolt, (who had
• then returned. from Bombay,) -made the rule ab-
solute, and gave, their respective reasons for hold-
ing,. that. the ~h courtad jurisdiction to grant the
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