The Sun.
London, England, 1812-11-26 00:00:00

DEFENCE.

" mr. president, and Gentlemen of this !lon.
Court,

" It is with the utmost poignancy of feeling,
with the deepest bitterness and regret, that I ap-
dy'lr liefore you in my present awtul and unfortu-
nate situation. To tl:c wretch hardened in Crimes,
and grow!f: yin the pursuits of villany, the
recollection *of having actually deprived a fellow-
creature of existence, the divine gift of the Crea-

tor must ever crowd his imagination with a load
of the mostinfolerable ideas. •

" How then can any power of language ex-
press the multiplied pains of my situation, the
pangs of remor-se which swell in my bosom with
the most heart-rending sensations on the remem-
brance of•the past, though an unpremeditated and
deeply-lamented act, which has led to this inves-
tigation.? Ah, God, could years of banishinent
and pain atone for the mania of a moment ; could
tears of blood, or sobi of acutest grief recal the
flighted spirits--7-the scorpion's sting, which now
rankles in ins, bosom, might be removed,' and the
fever of a young man be succeeded by peace of
mind and the sweetness of content : but alas !
what human power. can rekindle the vital spark
or illuminate the faded eye ? The flood of afflic-
tion and the humane tear are in vain ; they rend
my soul, hot yield no consolation to its wound.
Thus; •though impressed with the deepest'
contrition, •rny imagination recoils with horror
and indignation at the shocking imputation of
murder. Though the unfortunate man Aid indeed
fall by my-hand, the violent mutinous tenour of
his conduct, heightened by the mint aggravated
eircdnistances to me, his Commanding Officer, in
the act Of carrying • on the duties of my situation,
worked me a piarenzy of passion, in the tempeSt
of which he fell a sad victim of his own consum-
mate obstinacy. Of a very different nature from the
whirlwind of rage by which he was swept from
among men, is the prepense malice of. the deli-
berate and insidious murderer.
" God Alrnig:ty knows my heart bleeds at the
recital, hut it is a duty I owe to myself, and to
the world, to draw your attention to my situation
as a First Lieutenant, and the consequent provo-
cation; and I fondly hope-this Honourable Court
will accompany me in my feelings as an officer,
and as a man.—A complaint had been made to me
by the carpenter of the ship, of the deceased, who
had conducted himself in the most riotous and
disorderly manner to•the said person : weighing
the circumstances, I, with a lenity natural to me,
and which trust I shall prove to have ever been
my character from high evidence, ordered him a
slight punishment, too trifling in its nature, and
not -unbecoming his situation as a soldier, merely
to walk the quarter-deck• with a musket in his
hand, and to which I was induced by a preposses-
sion in his favour, and a wish to preserve him
frinn condign punishment, which must have been
the consequence if the regular steps had hcen
taken, when, with insufferable contempt, better
expressed fly the carriage and denture counte-
'• mance and eye than by language, he impertinently
refused to submit ; I again and again commanded
farther compliance, the same provocation was re •
newed ; I flew to my weapon, and here, before
God and my country, I most solemnly disclaim
any intention to endnger the life of the deceased,
and declare I meant simply to intimidate, and
thereby force obedience to my orders. . Acting
on this principle, I several times struck the musket
'which the deceased held in his hand, and desired
him to walk about—this seemingly had the de-
sired elfect—he shouldered arms, and my sword
was returned to its scabbard. But in the very
same moment, my soul-still glowing- with indig-
nation at his outrageous audacity of. air and as-
pect, he again refused compliance, and dared me
to the fatal act.- 'The imposing attitude of the
man, the fierce arrangement of his features, his
high ingratitude and disdain working on my iina.-
gination, already infuriated by irritated exaspera-
tion, that like a flash of lightning crossed my

train, rcatoit fotsoOlft its seat, raging madness.
usurped the sway, and my s*ord, obeying its hur-
ried mandateq, was passed into his body.
" ! cruel ! most ci'vr,'l fo.Voril! 'which at
once plunged him into eternity—to appear unpre-
p%7ed before' his God—and me into the deepest
gloom of misery and remorse. I trust Ido not
exhaust the indulgence of this•Honourable Court
with a repetition of my regretswhar bosom can
deny the sigh, or what eye the tear, when charged
with the death of a fellow creature, Under any cir-
eunistances.xyliatever ? The full heart feels relief
on the heaiing forth of its sorrows ; and though
no pencil can pourtray the anguish which preys
upon my mind at this moment, yet I feel some
consolation in thinking that this; man was former-
ly the object of my lenity—ivben, from Motives
of compassion, .and the just sense I entertained of;
his profeSsional abilities, I had shielded him from
punishment, tho Ugh implicated with the serjous
charge of mutinity. From this circumstance, I
hope it will appear to this Honourable Court, that
there was no premeditated Malice against this
unhappy victim of my misguided passion—and
that a moment's cool reflection would haVe rather
induced me to stretch forth that arm for his pre-
servation instead of his destruction

1 cannot look back on the unhappy event
without suffering the most, painful sensations, not
only as respects the deed itself, but also as retards
a sort of unhappy destiny, and not as. casual,oc-
currence. , God forbid that I should for a moment
dare to arraign, or even to call in question, -the
justice of an everlasting Providence ; but if ever
latc.preponderated the action of an individual, or
hurried hith to. a,crisis, some unknown power,
xvi,_ll cruel and desperate sway, tyrannised on that
lament:d day over the atlections of my heart, and
dashed its calm placidity with the tumultuous
waves of violence and rage. .

" I must claim the indulgence of this Honogr-
able Court for occupying so much of its valuable
time, if I have deviated from the subject before
them ; but when they recollect the very critical
situation in which I am placed,' I hope they will
be ready to pity and forgive the wanderings of the
mind. I shall beg leave to call the attention of
the Couit to the testimonies I shall advance to
prove the general calmness and indulgence of my
temper towards every one in puh;ic and in private.
I have more particularly at this time to lament the
death, of My much-respected` friend and Common-,
der, Captain Rushbroolte, as also the absence of
Admiral Dixon from this country ; but yet I trust
I shall still be,able, from the testimony of Cap-
tains Trollo-pe and Brainier, and anoth'er
the Court? and of many of my messmates and
brother Officers—and what Must tend still more to
convince this Honourable Court of the extent of
my clemency as it respects my conduct to those
'placed under my command, together with my
other depositions, the leading men ;of the Gron
are also ready to hear testnnony. I trust the
warm and artless efinsions of their manly and un-
sophisticated hearts will sufficiently convince this
Honourable Court of the repugnance of my na-
ture to the act; and that not hing but the irritating
conduct oldie d:ceased could have made ine out-
step the boun'ls of reason and justice.
A seeming obedience returned the blade un-
polluted to its sheath, when an unexpected o'c
currence of the Offence, under aggravated eiremn=
stances, overwhelmed at once my discretion and
my judgment, and drove meon to commit the hor-
rid deed with which I stand arraigned at the bar
of this Honourable Court. When I turn my
thoughts towards the melancholy catastrophe, the
retrospect is agonizing in the e"xtreme ; but I look
forward to whatever may be the result of this
.Court Martial, with becoming deference and re;
signation, which can only proceed from a con-
science awakened to its
.guilt, and assisted by the
Divine Power. I feel supported by the confidence
of ever having acted on huniane and hOnourable
principles. I know. myself incapable of commit-
ting an ill action, and am horror-struck at the
magnitude ofthis. •
," I trust there is not a spectator in this Court,
whO does not believe these emotions to be the
genaine inmates of My breast—if there be any
'amongst them of a contrary opinion, I address
them in the language of the Apdstle, Would to
God you Were ail together such as I am, except
these bonds.'
" Mr. President and Gentlemen of this Honour-
able Court, in your hands I place my honour and
my existence, the hopes and fears of my family,
and all that is valuable to the Officer, the Gen-
tleman, and the man, fully sensible they can be
no where so safely confided as, to the breasts of,
those of my own profession, the pride and boast
of my country, and the terror of its foes. I have
proved before you, as before my God,, the else of
my unfortunate situation, and ,whilst you decide
on my future destiny, I earnestly entreat you to
remember, That earthly power doth then show
likest God's, when imk•cy seasons justice.' "

Letters received by the last mail mention, that
Sir Robert Wilson was present at the interview
which took place before the retreat from 'Moscow,
between Kutusow and Lauriston. From the effu-
sion of bile which accompanied the mention of
this officer's name in the late bulletins, we sus-
pected there was some latent cause for thiS display
of rancour. On the unsuccessful issue of the Am-
bassador's mission, Buonaparte, perhaps, in his
heart, attributed to the presence of Sir Robert
Wilson an effect more mischievous to his interests
than he was willing to acknowledge in the en-
gineer of balloons." . Sir Robert will continue,
we dare say," to be recognized in all_characters ex-
cept in that of the Egyptian historian : but the
Corsican will not deem it advisable, at this mo-
ment, to-remind his army of the events of. that
campaign; by adverting to any circumstance teat
might recall it to their recollection.
We are concerned to hear an accident, that
had .nearly proved fatal, happened to Lady Go-
ventry. A few days ago, as her Ladyship was de-
scending the steps from her door in Piccadilly
to the carriage, her foot unfortunately slipped;
and she received a severe blow on
,the temple,
which. excited the most serious apprehensions for
her safety. By the immediate and skilful atten-
tion of • two professional Gentlemen who were
passing at the moment, we are' happy to learn
that her Ladyship sustained no material injury be-
yond very severe bruises. •

JrNtrus.

(CAtinn6d . from Mondky.)

'We have given the first letter 6r the prirafe
correspontfende of this eclair:Art' writer ptid
WILKES, r.s submitted t.-4-) the public by Me.
Woopv.kr.r., in his recent valuable and interesting
edition of: the works. of ,:itisms. The following
is the Second letter -tif tl.is correspondence.

TO /01-IN NVILKES, F,sA.

Loudr: 7th 1771. 1

„
As ?otter, Sit, has no relatifin to the subject
of my last. the motives upon which-yon may hav
rejected one of my opinions, ought riot to influ-
ence your judgment of enother. I am not .very
sanguine in my erp-ectations o persuading, nor
do I think myself entitled tolquarrel with any molt
for not following my advice ; yet this, I believe, is
a 'species elf injustice you have often expericnced
from your friends. From you, Sr,,i I expect iit
return, that you will not remember Low unsuccess-
fußv I have recommended one measure to yoin.
consideration, lest you should think yourself
bound to as ert your consistency, awl, in the true
spirit-of persecution, to miss time same sentence in-
differently 'Ton all my opinions. Forgive this le-
vity, and now to business.

A man, %vile) honestly eutzumes in a public cause;-
Must prepare himself forevents which will at once
demand his utmost patience, and rouse his warm-
est indignation. I feel myself this moment in the
very Situation I describe ; yet front the common
enemy I expect nothing but hostilities against the
people. It 13 the conduct'' of our friends that sur-
=wises and :Afflicts me. I cannot but resent the
injury clone to the common cause by the assembly
at the London Tavern, nor can I conceal from you
my own particular disappointment. They, had it
in their power to perform a real, effectual servica
to the nation ; and we expected from them
proof', A1.:4 only of their zeal, but of their judg-
ment,Whereas the measure tiey have adopted
is so shamefully injudicious, with regard to its de-
dared object, that, in my opinion, it will, and
reasonably,.. ought, to make their zeal very gneS-
tionable with the 'people they mean to serve.--..
When I see a measure, excellent in'itself, and not
absolutely unattainable,' either not made the prin-
cipal ohiixt, or extravagantly loaded with condi-
tions palpably absurd or impracticable, I cannot
ensile satisfy myself that the man who proposes it
is quite so sincere as he pretends to be. You at
least, Mr. Wilkes, 'should have shewn more tem-

per and prudence, and a better knowledge of
nr,nkind. No personal respects whatsoever should

have persuaded you to concur in thcie ridiculous
resolutions. But my own zeal, I perceive, betravi
me : I will endeavour to keep a better guard upon
my temper, and apply to your judgment in the
most cautious and measure 1 language.
I object, in the firct place, to the bulk, and
much mare to the style of' your resolutions of the
23d of July ; thongli some part of the prelmble
is a: pointed as I could wilt. You talk of your-
selves
with too much authority and 'importance.
By assuming this false pomp and air of conse-
quence, you either give :_reneral dicgust, or, what

is infinittiv more &ligeions, you-expose your
selves to be laughed at. The English are a fasti-

dioUs people, and will not submit to be talked to
WO) a tone, by 3 set of private gentlemen,

of whom they know nothng, but that they etil
themselves Suppo'•ters of the Bill of Rights. There
arc questions which, in good policy, -1-rm should
never provoke the people in general to :;!'% them-
selves. At the same time, Sir, I am fir from
meaning to undervalue the institution. On the
contrary, I think the plan was admirable ; that it
has already. been of signal service to the public,
and may be of much greater ; and I do most ear-
nestly wish that you would consider of and pro-
mote a plan for forming constitutional clubs all

through the kingdom. A measure of this kind
would alarm Government more, and be of more

essential service in the cause, than any thing that
can be done relative to new-modelling the House
of Commons. Yow see then, that my objections

are directed to the particular measure, not to the
genet al institution.
In the consideration of this measure, my first.
objectiOn goes to the declared purpose of the reso-
lutions, in the terms and mode in which you have
descr bed it, Viz. the extermination of corruption.—
'in my opinion, you grasp at the impossible, and
lase the really attainable. Without plaguing you
or myself with a logical argument upon a specula-
tive question, I willingly appeal to your own can-
dour and judgment. Can any man in his -senses

affirm, that, as things are now circumstanced in
this country, it possible to exterminate corrup-
tion ? Do you seriously think it possible to carry
through.both houses such a place bill as you de-
scribe in the fifth article; or, supposing it carr:ed,
that it would nut be evaded ? When you talk of
contracts and lottery tiA t
ets, do you think tha
any human can really prevent their being dis-
tributed and.accepted, or do you only intend to
mortify Towushend and Harley ? Iti short, Sir,
would you, bona fide, and as a man of honour,
give it for ,your expectation and opinion, that
there is a single eounty or borough in the king-
doni that will form tl!e declaration recommended
to them in these resolution's, and enforce it upon
the candidates ? For myself; I will tell you f eels
not what I think, but what I knew ; the resolu-
tions are either totally neglected in the country,
or, it read, are latOied at, and by people wh
mean as well to the cause as any of us.

Mathed ‘7 :Mr 14es, " iteceived in Piincs's-Court,
Saturcay, Sept.'7, 1771.

A-few days since, a woman of rather respectable
appearance, introduced herself to an elderly Lady
at Newbury, as being perfectly acquainted with
'her relations in a distant county. Happy to hear
of her friends, and pleased with the stranger's con-
versation, she invited her to spend the evening
:and take a bed filet e. After she had retired, it
occurred to the old ratty that she saw something
more than feminine in theappearance of her guest.
She communicated her suspicions to her neigh-
bour, who was a constable. They consequently
rep:tired to the chamber, and on their entering
the apartment, the guest suddenly rushed down
the stairs and escaped. On looking, round the
room they found a raior open on the table, and
bundle, containing a few articles ct apparel and a
pistol

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LAW REPORT.

COURT.OI" KING'S lIENCH, Nov. 25.

BUYING GUINEAS,

THE K 1 V. DANIEL DOWGOOD.

iIfIeSOLICITOR-ONERAL prayed jnd,rment here-
in, the defendant having been found guilty at the
Lancaster._ Assizes on an indictment of having
bought five guineas at an advanced price, namely,
for 5/. 15s.

The defendant put in an unvouched paper,
which stated, that the offence bad taken place in
September, 1811, that he had answered to the in-
dictment in January, 1812, that he' had been put
to great expenses and distress since,
.and that the
present was his first offence. -
Sir W. GARROW expressed his happiness that
the document just read was an nnvoucbed paper,
for it had appeared in evidence that the present
was not his first offence. The. offence of whicli
he had been guilty. tea's the highest possible inis
demeanour ; and this was the first time that the
Court had been called upt.'n to pass judgment
since the passin, of the recent Act on, this
bead, making the ofknee punishable as'a misde-
meanour.

Mr. Justice GROSE delivered the sentence of the
Court. Considering the present state of the cur-
rent coin of the realm, it was highly, necessary
that there should be such an Act in existence as
the one under which the defendant had been tried.
The object of the defendant in offending as he had
done, was not susceptible of a doubt ; and as it
could not be questioned that the guineas had been
purchased with the view of sending them out of
the kingdom, the Legislature had shewn its wis-
dom in classing the offence among thOlighest mis-
demeanours ; for it was not to be borne, that a
svh9le nation was to be iacounnoded by the con-
.duet of such men as the two nowt before the Court.
'With the. view, not only of punishing the' indivi-
duals before the Court, but of
_holding out a warn-
others, to make them beware how they
coAnnitted a similar offence, the Uourt sentenced
the prisoner to he imprisoned in the Castle of
Lancaster for the space of Six Calendar Months.