The Sun.
London, England, 1809-12-05 00:00:00

Mr. BURROUGHS Opened the pleadings.
The ATTORNEY-GENERAL opened the case,which
was that of an indictment against the defendant,
stating that an anion hancen brought by Jeremiah
Donovan, Esq. against Mr. Massiter, a haulier, at
Wincanton, in the county of Somerset, in which
there was a verdid for the Defendant, and that the
costs had been taxcd,and an execution issued against
the goods of Mr. Donovan, for 1261. being the•
amount of such costs. That the present defendant
Mr, tit-id-1;11s, was attorney for Mr. Daum an,
and, on , the occasion of the -above .execu-
tion -entering the house of Mr. Donovan, ,Mr.
Griffiths write to Mr. Massiter a letter; which re-
fleeted greatly on the character of that gentleman,
and which • letter had a dired tendency to a
breach of the peace, and which was, therefore, a
libel. The letter was dated " Cnarles,streeta St.
James'squarea 2d June, 1809,". direded to Mr.
Massiter; and was nearly as follows :
Sir—Yourself and Donovan.--I received a note
from.my agent half an hour
,ago, saying, that these
costs were taxed last night, and I instantly sent a
check for the money, by a person, -desiring him to
pay your agent ; but, to my great surprise, a sheriff's
officer has this moment brought in au eaecntion to
Mr. Donovan's house for these costs.. This condua
is so atrocious, that I should not have conceived it
possible that you would have been guilty of an at
which would disgrace the most pettifogging practi-
tioner in the profession. I certainly shall tell every
man, and in every company wherein your name is
mentioned, the-rascality of your conduct. You are
a blackguard, capable of every dirty and cowardly
salon, and you have not one pretension to the cha-
racter of a gentleman."
This letter being read. by the ATTORNEY-GE-
NERAL,
Mr. Gianowproposed to make an apology for
thealefeedant, and to acknowlege his error, 'Which
be offered, not from himself, for that he would never
do for any client, but for his client, who was sin-
cerely sorry for ,his error, and trusted that the pica-
secutor would accept this apology as the best atone-
ment Which the defendant could make, and the only
genuine satisfaction which a gentleman could re-
ceive after his spirit had been wounded. He ad-
mitted that the 'eatr was such as one gentleman
should nol have sent to another. The language was
coarse and indefensible ; the defendant was sorry
lor it. He was a young gentleman of perfectly fair.
chara&er, was the -prosecutor's neighbour-, had no
in-will towards him, and wished harmony to he
restored between their. ,Next •to being in the right
was to confess ourselves in the wrong; and mankind
thought the better of a man, who knew how to forgive
another for an insult, when he made him a sincere
and public apology. He hoped the prosecutor would
accept of this, and that the proceedings would be at
an end. The defendant- might be found-guilty, pro
form, under an understanding that he was not to
be brought up for judgment.
The ATTottNtY-.Ggr:EriAL seemed to be very much
inclined to this course being taken.
Lord Eetavamtounti strongly recommended it,
for it would certainly be an inconvenient thing to a
young man in the profession to be brought up for
the judgment of the Court in such a case as this; it
Would be blazoned forth to the public,, and would
attract notice to a thing which it was the defendant's
interest to have buried in oblivion as soon as pos-
sible ; he mentioned this, the rather, on account of
the nature of the case, for, however he
_might feel
for the irritation under which the defendant might
have acted, or for his sub Sequent regret, yet the
Court, if it had pronounced judgment on the sub-
j::, must advert to the nature 'of the offence, and
must pronounce such a 'judgment as may deter
others from. the like ; for it was not to be endured,
that those who only did that which they were at-
lowed to do by law, should be traduced and vilified
for so doings
The prosecutor, who was in Court, left the AT-
TORNEY-GENERAL no power to exercise his 'discre-
tion ; the apology was not accepted, and the cause
proceeded.
The ATTORNEY-GENERAL opened the case, the
circumstances of which are shortly these. An aai'on
bad been brought by Mr. Donovan against, Mr.
Massiter, in which Mr. Donovarawas unsuccessful.
He moved the Court for a new trial ; was unsuc-
cessful in that application. -Costs were taxed. Mr.
Griffiths was . Mr. Donovan's attorney in that
cause. Notice was also givep of the taxing
of coats.. Mr. Griffiths' agent did not attend, costs
• were therefore regularly taxed ex parte.—Notice
was also given, that unless the money was paid
on the following day, an execution would issue
against the goods of Mr. Donavan. The money
was not paid, the execution issued, upon which
the above indefensible letter was sent by Mr.
Griffiths to Mr. Massiter, upon which was founded
this prosecution.
These -fads were proved by Mr. Dine, the
agent -Of Mr.- Messner, by whose evidence it ap-
peared that he is a banker at Wincanton, in
Somersetshire, has reaieed there all his life, -as
did his father. That Mr. Griffiths is the. son of a
barrister, and bas a banking-house in the same
place, in partnership with Mr. Donovan. It ap-
peared further on cross-examination, that after the
finding of this indictment, the defendant had been'
held to- bail, and the proceedings on the arrest were
carried on in a manner which was not distinguised
by lenity.
Mr. GARROW addressed the Jury, not with the
hope of obtaining a verdict,' but with a view of
*hewing how sincere the Defendant was in his sor--
raw for what had,, happened, and of sheaving that'
fie aded under the influence of a sudden passion,
/ created by what indeed it was legal for the Prosecutor
to do, but which he thought was superfluously done;
for the nioney was ready on the instant, as appear-
, ed by tlieletter which was the subject of this prose-'
cutiona He had not yet lost the hope that this apo-
logy would be accepted by Mr. Massiter, whose good
ht,rotxr he understood to keep pace with his perfed
resveclability.. in

appeared in evidence, that the Defendant had
bunted over the Plaintiff's land on 'the Ist of April
last, being Easter Eve ; that he was then his own
huntsman, and was followed by about twenty horse-
men, and that the damages they did was about as
much. as the Plaint', I's bailiff estimated, in reality,
at about 40s. but said that he would not.have bad it
done for ten times that amount. That the Defend-
ant had actually .bought foxes, when cubs; 'had
reared them, and caused holes to be dug for them,
and then let them loose, &c: but there was no evi-
dence of his having, gone through: the ceremony of
a_
mock-sale of his hunters, &c. nor of • any thing to
manifest his intention to persist in this practice, to
the annoyance of his neighbours 3 do the contrary,
Mr. Marryatt, his Counsel; declared his :client's in-
.te.ntion to be, implicitly to submit to the' law as laid:
down by Lord .Ellenborough at the trial at Hert-
ford, whiCh was, :that he - had no right` to go on
the land of another in pursuit of a fox, or .any
thing else, after he had notice not to trespass: there ;
he had misunderstood the law;-.and that naiSr.u,ler7

Several- transports from Walcheren, with about
500 sick, arrived at Portsmouth on,Friday, but they
have so far recovered on their passage, that few of
thein required to be sent, to the hospitals.
left Flushing on Tuesday last, when every Oing Was.
4euly to' low up the fortifications. .Allitost,all die
regiments wereembarked.

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