The Sun.
London, England, 1803-05-02 00:00:00

IFi f. KING eV. DARLAT.

Mr. Serjeant BEST, on the part,of the Defendant,
moved for a Rule to spew cause. why there should not
be a new trial in this case. This was an indiament
for assaulting, the Prosecutor, on aceonnt of money
won at play and the. consequences were very seri.
ous, for the 'Defendant was liable to forfeit' all ^his
goods, and be imprisoned two, years.
Lord ELLENif)ROUOII here asked, if the Defen-
dant was in Courc. He said the Defendant' must
be in Court.
•

Mr. Darley made his appearance.
Mr. SCriCalit BEST said, the Defendant did not
'make any defence at the Trial. His Attorney, to
whom he had entrusted the business, had neglected
to go down to the Assizes with an Affidavit:to put
off the Trial, on account of the absence of a Mr.
Duncan, a material Witness, who was now believed
to be in Scotland. An impeded Affidavit was produced
atthe'trial, stating that this Witness was in Scotland;
hut it did not go on to state, that Mr. Darley be.
hewed that information to he true. The Defendant
said, he had reason to believe this prosecution was
instituted against him for the purpose of extorting
money, as the PrOsecutor had offered to makeit
up for 1501. He farther stated, that, he had a good
defence. He had the opinion of tlt most respea.
able Counsel that this was not a case within the
statute of Ann, upon which the indiament was
founded.

. -
Lord ELI.ENBOROOGH asked if the•
stated what fkts the Witness Duncan was to prove
Mr. Serjeant Bas•r said, it did not; but that, per,
haps, the Court would allow them to amend the Af
fidavit.

Lord ELLEvaoaotrcH said, it was extremely
dangerous (he did not speak particularly as to this
case) to permit a party' to stretch his conscience just
up to the point that might be material. The Ai lido-
Nut ought to have fully disclosed to the Court the
nature of the evidence this Witness was to give,
that the Court might have judged of its importance.
He must inform the Court how it wai material.

•
Mr. GARAOW, leading Counsel for the Proseen.
Lion, said, the. Learned justice (Mr. Justice He )
was, of opinion, at the trial, there was 'not,tlie
sinallest foundation for the application. Every in.
dulgence was shewn„the Defendant. The cause
was not tried on the day on which it ought to have
been tried, it was not called on till the next day.'
„„
mr..justice I,,AWRENt R. observed, that it was an
extremely dangerous thing to lay by to see what
was proved against him, and then to come with this-
application to the Court.
Mr. Sierjeatit BEST said, the circumstances of the
ease were shortly these: The Defendant had certain.
ly lost 501. to the Prosecutor. -That was not paid
at the time of losing that money ; that the assault
did not take place at that time, but afterwards,
-at the Defendant's own :lodgings, the Prosecutor
thinking proper to intrude himself into these. lotig.
in;s to, demand that mOney.•
.He was desired to
walk out of the room ; he: refused. The Defendant
took him by the shoulders, to turn him out. :The
Prosecutor resisted, anti then the assault took place.
He said, his Client was ready to• submit to. any
terms. ' •

Ldici E,LLENDOROUGTI said, as the. consequences
of tlii3 convietion might be extremely serious to' the
Defendant, the Court would permit him to make an
Affidavit during the sitting of the Couirt, stating the
materiality of the evidence Duncan was to give,
and the Court would hear Mr. Serjeant Best on it
on Monday, In the* mean time,, the. Defendant
must stand committed. -