The Sun.
London, England, 1817-12-10 00:00:00

THE KING V. CIIARLES AND AVM.

Mr.TOPPING said that this Wasan indictment pre-.
ferret! at the instance of the Lords Commiisiouers
of the Admiralty, for having in January last made
use of opprobriotri and threatening language N) 'F.
Pereeval, E.T. late Captain cat hiy Nlajesty's sloop
of tear the Echo, on hoerd of Which the: defen-
(hut, Charles Davis, had been a midshipman,
with intent to provoke Captain I'. to fight a duel.
The Lords Commissioners conceiving that such
conduct as that imputed to the defendant was
subversive of eve 7v thing like the subordination
that ought to exist in the Navy, and ought to be
visited with due punishment, had ordered this pro-
secution to be carried on. The defendants were bro.

thers ; Charles tv..ls now a Lieutenant in the Navy ;
the other was a tiurgeon in the Navy,. and :vas now
on half-pay. In 1811, C. Davis was a midshipman
in the Echo, to which, during the sane year, the
prosecutor was appointed Commander. The parties
remained on board until 181'2, when Davis was

removed to the Impregnable mail of- war ; mind
from that time to January last no kind of inter-
course took place between him and Captain'Per-
ceval, except their having met one.. The Echo
being paid off in August, 1815, the prosecutor
was no longer employed in the Navy. He then
married a lady at HAnnt»ersinith, and took up his
residence there. While he was, on the 2lst of
January last, walking with his lady near Brook
Green, he was met by the two defendants, and ac-
costed in the manner which should be stated by
the Captain himself.
Captain l'erceval said he was a master and Com-
mander in his Majesty's Navy ; that front August,
1811, till September, 1815, he had been Com-
mander of the Echo sloop. When he took the
command of that vessel, the defendant, Charles
Davis, was on board, as a midshipman, and after-
wards as master's mate.- Witness had procured
the latter situation for him. Davis left the vessel
in Nov. 1812, and witness saw him afterwards at
Deal, where they spr-ke to each other, parted on
very good terms, and even shook hands at par-
ing. In 1815 the Echo was paid off; aft:rwhich
the witness was married, and lived at Hammer-
smith. On the 21. st of Jannat y, he was returning
brittle with his wife, who was very ill, being far
advanced in pregnancy, when Charles Davis and
his brother came up. Charles first him
accosted hi
in these words—" I wish to know it you mean to
give me any satisfaction ?"—Witness asked him
stint he was, he not recollecting hint at the time.
Ile answered, that his name was Davis, and the
I •
Captain then recollected hitn—"Satisfetion fOr
what i" The other answered, " for your conduct
lon board the Echo." The brother, whom the wit-
ness never saw before, then came up, and said„''
name is Win. Davis, I ant a Surgeon in the Navy,
and I wrote to you at the time, to account for
you d—d infernal, rascally,
,villainous, conduct
towards my brother, a poor tinfriended midship-
man, as you supposed him. You are a d—tf ras-.I
cal, and n d—d villain." A crowd had at this
time collected round the place; and witness beg-
ged they would desist from such language ; he
asked them to go and speak to hint at his honse,
which was not far off. William -Davis repeaters
his abusive language, swore that I,rittiess should
fight his brother, and that 'he would stand by him
till be saw -the last drop of witness's blood spilt.
He afterwards abused and d-11 . the whole of
the naval service, and said that if it were in
his power he would hang one half the rascals
engaged in it. The parties then came• to the
house of witness, and went in together. Here

they si)tne convasation, ,vhic!, t!ie
;;eon declared, that witnesS shoiiid either
a written apology, or fight his brother., and agai'l
called bin) d—d rascal. The Licutenant ai 1;01
for an apology ; tint IVitiress s ,id lie would gio
hint none. On this the Lientenant said he won!'
post the Witness.as a coward, in every cofisce-houst
in London. The parties again asiied him to fight,
and when Witness declined doing so, they said he
was afraid ;• and I:ViMaim Davis then repeated
abusive Iktiguage. As they were going 'away the
witness said he Would refer to the purser of the
Echo, whether his conduct to the defendat4/
Charles Davis, had ever been improper. They,
then went away.

I)ENNins, the Counsel for the clefeuthug,
vvai about to put bowe vestions to i2:,iptain Pkr•
ce.v,ll, when

Lord EtAr.:I,I23OI:OT:CI4I observed, that nidess it
was intended to contradict the statemuuts of Cap..
fain Perceval, he could not see what object was
likely to be obtaFtied by cross-examining him. If
the Jury-believed that officer, the defendants must:
be found guilty ; and his Lordship suggested,
whether it would not be better for the parties to
reserve ‘e hat they bad to say in mitigation of
their conduct until they were brought up for
judgment.

The Jury found tlie defendants Guilty.

TUE KING V. METCALFE,

This was a Scire Facias, to rec©l certain letters
patent granted for the manufacture of tapering
brushes for the hair. The question wag, whether
tl►e defendant's brush answered the description
given in the specification of the pateut ?
Lord ELLENBOROUGH wris of opinion that it di'l
not 3 and therefore a verdict was taken for tire
Crown, with liberty•to the defendant to move to
enter a verdict upon the point,'as to the supposed
variance.