The Sun.
London, England, 1833-05-08 00:00:00

THE KING V. CLEMENT.

This was a criminal information against Mr. Clement,
the proprietor of the Observer newspaper, for a libel upon
the Duchess of Richmond. The circumstances were laid
before the public on the occasion of the application for
the rule in this case, and on that of judgment being passed
upon the proprietors of the Court Journal and the John
Bull papers for similar libels. The defendant had suffered
judgment to go by default, and he was this morning
brought up to receive the sentence of the Court.
The SOLICITOR-GENERAL, for the prosecution, called
the attention of the Court to the nature of the lib 1. which,
he said, appealed in the Observer of the 29th of January
last year. It was to the effect that rumours were afloat
that a lady of rank, the wife of a Cabinet Minister, had
eloped with an officer, and that her noble husband was
absent from the debate in the House of Lords on the same
evening, which circumstance was referred to the rumoured
occurrence as its cause, and the paragraph concluded with
a hope, for the sake of an interesting and innocent family,
that the reports were unfounded. The affidavits of the
Duke and Duchess of Richmond, as well as of other per-
sons, stated that their could be no doubt that the para-
graph referred to her Grace, and fully denied the circum•
stances stated. They were totally false, unfounded, and
the statement was libellous and m tlicious. He left the
case in the hands of the Court to deal with it as they
thought proper.
Sir J. SCARLETT addressed the Court in mitigation of
punishment.

• Mr. PLATT was heard on the same side.
The COURT sentenced the defendant to the payment of
a fine of lOW.

THY KING V. HANNAM, ESQ.

Sir J. SCARLEET showed cause against a rule, for
leave to file a criminal information against W. Hannam,
Esq., a gentleman residing at High-hill, in Dorsetshire,
for conduct towards Lambert, Esq., of Knowle, in
the same county, tending to a breach of the peace. The
affidavit of Mr. Lambert stated that in the beginning of
January he and his wife went en a visit to Mr. Hannam,
in Dorsetshire ; that on the Bth of that month be (Mr.
Lambert) retired to bed at between one and two o'clock
in the morning, when he found Mrs. Lambert (who had
gone up stairs some time before him) in her room, but
not in bed ; that he went to bed, and slept as he supposed
for nearly an hour, when he awoke and found that Mrs.
Lambert was not in bed nor in the room ; that he
got up and stationed himself opposite the bedroom
door of Mr. Hannam, which, after some time, was
opened, and Mr. Hannam came forward in his shirt,
when Mr. Lambert perceived Mrs. Lambert in Mr. Han-
nam's room, standing near the dressing-table, in her
dressing-gown, the bed appearing undoubtedly to have
been used,—that he immediately seized Mr. Hannam and
struck him, charging him with having committed adul-
tery, which Mr. Hannam did not deny,—that Mr. Han-
nam then went down stairs, where he remained concealed
until Mr. Lambert had left the house,—that as soon as
Mr. Lambert came to London he, under the advice of his
attorneys, brought an action for trim. con. atsainst Mr.
Hannam,—that Mr. Lambert had subsequently received
from Mr. Hannam a demand of satisfaction for his (Mr.
Lambert) having struck hint as he had done, and that on
Mr. Lambert declining to give satisfaction under the
aggravated circumstances, he had had a further communi-
cation from Mr. Hannan), declaring that Mr. Lambert's
conduct in so refusing had placed him in a situation be-
neath his (Mr. Hannant's) notice, and that he should take
every opportunity of pultaicly stating his conduct. The
rule had been granted upon this challenge from Mr.
Hannam, aggravated as it was by his previous con-
duct towards Mr. Lambert, as stated in the affidavit ;
and it now became his duty to read the affidavits with
which he had been furnished, for the purpose of show-
ing that Mr. Lambert had, in the transaction at Mr.
Hennam's house, acted under the influence of a delusion,
created by his jealous suspicions. The lady to whom the
crime of adultery had been imputed was known, he be-
lieved, to many persons now in court, and her great per-
sonal attractions would not be denied ; hut, whatever
might be thought of her by those personally acquainted
with her, he would venture to say that the imputation
cast upon her lay her husband would imply, from its pecu-
ir attendant circumstances, a long arid seasoned prectice,
on her part, of the most abandoned vice ; and if she could
have been guilty of it, then, instead of her being a modest
and well-educated young woman (not long married), she
must be one of the most abandoned of her sex. Mr. Han-
nam was almost a stranger to her, and, in fact, had never
been alone with her, except one morning, when he rode
over to give Mr. Lambert and her the invitation, which,
as Mr. Lambert was from home, she received. The
Learned Counsel proceeded to read Mr. Hannam's affi-
davit, which stated that Mr. Hermann first met
Mr. and Mrs. Lambert at a county bail, when a
slight acquaintance took place. They met several times
afterwards, in public, on similar occasions ; but,
up to the commencement of the month of January
their acquaintance was slight only. Having, however,
invited Mr. and Mrs. George Loftus to his house in the
beginning of that month, Mr. Hannam wished to have
sonic ladies and gentlemen to meet them. In conse-
quence of prior engagements several whom he had asked
were unable to come, and it was not until it was too late,
according to etiquette, for him to send a written invitation,
that he resolved to go over personally to Mr. and Mrs.
Lambert and invite them, which he did. Oa the Bth of
January (the day on which the circumstances in question
occurred), Mr. mad Mrs. Loftus had retired to bed at
about half past 12 o'clock, the gentlemen following about
half an hour afterwards; and Mr. Hannam went to his
library to write a letter. He afterwards went to his room.
It was her custom tc read in bed at night, and he in-
tended to read as usual. He was delayed for some time
before getting iota bed by having his bed warmed. Soon
after he had got into bed he found it necessary to go down
stairs, and opened his door for the purpose of doing so,
but perceiving a lady's figure on the stairs, he immediately
moved back into his room. The Learned Counsel de,crabeal
the situation of the rooms. It appeared that the doors of
the two rooms were very near together, and that a person
coming up stairs must pass Mr. Hennam's door to arrive at
that of Mr. Lambert. He proceeded to state, that at
the instant of Mr. Hennam's retiring, Mrs. Lambert,
who was the lady on the stairs, was pushed by her
husband into his (Mr. Hinnam's) room. Mr. Lambert
behaved with great violence, and cut Mr. Hannan) on the
head with a glass utensil he had in his hand, making it
bleed violently. Mr. Lamt,ert's manner anal expressions
were such as to induce Mr. Hannam to think he was de-
ranged ; and (the visiters and servants having been
alarmed) Mr. Hannam went down stairs into the house-
keeper's room to apply some remedy to the wound he had
received. He was not charged by Mr. Lambert with
adultery, nor di:l Mr. Lambert at any time after make
such a charge. The Learned Counsel, after reading this
affidavit, stated that he bad received a communication
from Mrs. Lambert, accompanied by an affidavit made by
her, which stated, that on the evening in question, Mrs.
Lambert retired to her room at about half-past 12 o'clock,
and her husband came up in about half an hour after-
wards. She was not in bed, having been engaged in re-
pairing some lace on her cap. She afterwards had occa-
sion to go down stairs, and she went down with a candle
in her hand, and remained there about ten minutes. On
her return she observed that her bed-room door, which she
had left a-jar, was quite open, and immediately afterwards
Mr. Lamhert appeared, and, placing one hand against her
throat, and drawing another down her face, he exclaimed,
"We are separated for ever." By the violence used an seizing
her, she was forced into Mr. Hannam's room, the door of
which at the moment opened, and on Mr. flimflam ap-
pearing and interfering, Mr. Lambert attacked him very
violently. She ran into her own room, where, as she
was in tear of her husband, who threatened to kill her,
she concealed herself under the bed ; but afterwards, Os
hearing additional voices, she rushed out and called upou
Mr. Loftus to protect her. She stated further, that Mr.
Lamhert did not in her hearing charge Mr. Hinnatn with
adultery, but that ale collected from his demeanour, as
well as, Iron, previous similar conduct, that such was the
imputation on his part, and that at the tame she believed
him to be either intoxicated or under temporary mental
derangement. She stated also, that she was at the time
in such a state of health as to preclude the probab lily of
her commission of the mime imputed by her husband ;
that she left High-hill with Mr. and Mrs. Loftus, ant
remained with them until taken home by her lather, and
that she had not sinceltad any communication with Mr.
Hannam. In conclusion, the sill lavit stated that Mr.
Lambert hod fair some time before showed so many symp-
toms of passion arising limns jealousy, that at une time
her friends bad advised a separation. Several instances
of these symptoms were detailed. It remained for him to
e been t theal)p second —that en which the rule bad
He didsending of the challenge.
eat if Mr. HannamHannamhodreally
enotisiee ca o
ate ion, —the
charge,—that
e '
been the seducer of Mrs. Lambert, his having sent
a challenge to the husband would have been a
most flagrant aggravetion of the injury; but lie submitted
that Mr. Hannam, believing himself innocent of any such
;isgraceful conduct towards Mr. Lambert, and having been,
as stated, so publicly insulted by that gentleman before his
visiters and servants, he could not do otherwise than resent
such conduct, mixed up as it had been with the charge of
seduction and adultery.
Mr. CROWDER. and Mr. GAMBIER. followe I on the ,ame
side,

The SOLICITOR-GENERAL addressed the Court in sup.
pert of the rule.
Mr. RICIIARDS and Mr. FOLLETT were heard on the
same side.

The LORD CHIEF JUSTICE said there could he no doubt
that in all ordinary cases a party of Mr. Lambert's station
was entitled to a rule for a crimimal information in cases
of provocation to a breach of the peace, and the only ques-
tion here was, whether there were any circumstances in
this case which took it out of the ordinary rule. The
Court, after fully considering the circumstances and the
letters of Mr. Hannam, was of opinion that the rule ought
to be made absolute, without, however, expressing any
opinion as to whether or not the crime imputed to Mr.
Hannam had been committed. Their Lordships wished it
to be understood that the rule was made absolute solely
with regard to the preservation of the public peace.—Rule
absolute.