The Sun.
London, England, 1829-02-10 00:00:00

PRINTER OF THE EVENING MAIL.

Mr. Bastwerr, K.C. rose to show cause, why the con-
ditional order for a criminal information, granted last term
in this case, should not be made absolute. Having read
the charging affidavit of Lord Dungarvan—[it was given
at full length
.in the Freeman when the conditional order
had been obtained]—the Learned Gentleman said-1 have
now, my Lords, to read the replying affidavits, which
are five in number. The first is that of Mr. Remmy
Sheehan, the Editor of the Evening Mail; he states
that on the 4th November last, the members of the
Brunswick Club dined together at the Mansion-house;
that he took great pains in the management of the
dinner; that on that occasion no gallery had been allotted
to strangers, as no one, except. the Lady Mayoress and
her party, and the members of the Brunswick Clubs
were, upon any account, to be admitted ; that therefore
no admission tickets could have been promised or issued;
that at about ten o'clock, a gentleman, whom deponent
afterwards knew to be Lord Dungarvan, came into the
gallery, made much noise, and was leaning over the
railing ; 'that he appeared to deponent and those who
sat near him, to be much intoxicated; that aware of his
Lordship's being an intruder, and uninvited, deponent
sent word to Mr. Morrisson, who had prepared the
dinner, to see that Lord Dungarvan should be removed.
After this he saw the Lady Mayoress, and her party, pre-
cipitately retreating out of. the gallery—having been
driven out of their box by the improper conduct of Lord
Dungarvan. On the sth of November, a full report of
the dinner appeared in the Evening Mail, but not one
word about Lord Dungarvan. On the '7th, when his
Lordship had not thought'proper to explain his conduct,
a paragraph appeared in the Mail, which stated the con-
duct of Lord Dungarvan,' but did not exceed the bounds of
truth. On the 10th, Sir Abraham King, a particular friend
of deponent, waited upon hiM, and said he was re-
quested by Sir Edward Lees,- as the friend of Lord Dun-
garvan, to request a paragraph might be inserted in the
next number of the .2/foil, "exculpating his Lordship as
much as possible. This request having been accompanied
witk a notification, that Lord Dungarvan, who had for
some tiote not been on good terms with his father, the Earl
of Cork and Orrery, was about to be reconciled to his
family. Mr. Sheehan penned such an article as consistency
with truth would allow, which he sent to the house of Sir
Edward Lees, with whom Sir Abraham Wadley King'was
to dine on that day. On the next day, Sir Abraham King
again called on the editor of the Mail, and having pro-
duced the article, amended and enlarged by Sir Edward
Lees, requested it might be published. The editor, think-
ing it might be inconsistent with the character of the paper
to insert so strong a contradictory paragraph, said lie would
show it to Mr. Sheehan, the proprietor, and have his opi-
nion on it. This, my Lords, occurred on the 11th of
November. On the next day, Mr. R. Sheeharr saw his
brother, and showed him the paragraph, and he, after a
little time, consented to have it inserted. Accordingly, on
the 14th, this paragraph, penned, I may say, by SivEdw.
Lees, on the part of his friend, Lord Dungarvan, was pub-
lished in the Mail ; the proprietors and Sir A. B: King
being under the impression and conviction that Lord Dun-
garvan was satisfied with it, and that no legal proceedings
would be taken by his lordship.
Mr. Justice BIiILTON.-Be so good as to read the para-
graph of the 7th November.

Mr. BENNETT having read the obnoxious paragraph,
continued—The next affidavit, my lords, is that of Mr.
Morrisson, which states, that the Lord Mayor's son, a boy
aged about 14 years of age, came to him on the night of the
4th Nov. last, and said Lord Dungarvan wag in his mamma's
box, quite drunk, and that unless he were removed, the
Lady Mayoress should retire with her party ; that he called
to peace officer Church, and desired him to gOand put Lord
Dungarvan out of the gallery, and, if necessary, to use force.
The affidavit of Church states, that Mr. Morrisson had on
the night of the 4th Nov., called him and bid him remove
Lord Dungarvan out of the Lady Mayoress's box ; that on •
his way to the gallery, he met the Lady Mayoress, who •
seemed much agitated ; on his arrival at the box, he found
Lord Dungarvan, who appeared to be much intoxicated ;
that having requested of his Lordship to retire, and a ne-
gative answer being returned, he (Church) threatened to
use force. This affidavit, my Lords, was filed previous to
the drawing up of Lord Dungarvan's supplemental affida-
vits, and the facts alleged in it remain uncontradicted.
The affidavit goes on to state that Church having succeed-
ed iu bringing Lord Dungarvan out of the gallery and into
the hall, put him into the streets, and gave orders to the
patrol not to allow his Lordship to return in case he should
attempt to do so. The next affidavit I shall read, my
Lords, is that of Bowman the constable, who was placed
at the entrance to the gallery on the night in question, for
the purpose of preventing strangers from intruding. Bow-
man states that about ten o'clock on the 4th of November,
at night, a person snuffled up in a large coat and handker-
chief came to where he stood, and demanded admittance
to the gallery ; that this person seemed to be intoxicated ;
that he refused to admit him, and told him he was drunk,
and to go about his business ; that this person returned
immediately, said he was Loid Dungarvan, and required
that deponent should apologise for saying he (Lord D.)
was drunk ; that he refused to do so, because he said what
was right (a laugh) ; that then the Lord Mayor's son came
to him and told him his mamma was quite vexed at his
(Bowman's) allowing a drunken man to be there, and to
be blackguarding with her (loud laughter); that after this
Lord Dungarvan not into the orchestra, and then got
into the Lady Mayoress's box ; that Church and de-
ponent removed him from thence, his Lordship being quite
drunk. This, my Lords, is the close of our case, unless,
perhaps, your Lordships would allow me to allude to the
supplemental affidavits, although I mean to object to their
being read.

CITIEF RSTICE-Indecd, Mr. Bennett, you request too
much.

Sergeant GOOLD—The affidavitsi do not introduce any
new matter, my Lords.

I Mr. CRUISE—The supplemental affidavits are merely
confirmatory ; and I submit we are justified in reading
„them. We rest, my Lords, upon the authority of the
King v. Kemmis," 2d kelying, 175.
I CHIEF JUSTICE-1 think you have a right to read them.
Mr. BENNETT—My Lords, as you have come—to this
decision it becomes imperative upon me, in vindication of
my clients, to make a few observations on the supplemental
affidavits. These affidavits are, I understand, made by
two young ladies, Miss Magee and Miss Shaw. They
state that Lord Dungarvan was quite sober. It is very
probable that the ladies were so engrossed with what was
passing on in the dining-room as not to have • seen a
drunken officer or an intoxicated nobleman in the gallery.
But even, my Lords, supposing they did see Lord DUR-
garvan, is it not more credible that they, who do not come
ev often in contact with drunken men---(a laugh)—might
be rather deceived than the policemen ? I contend for it,

davit, unnecessarily alluded to. I read over the paragraph
containing the alleged libel, and I assure you most solemnly
it never struck me in the same light as it seems it has
Lord Dungarvan. But if it bore that construction, I
would rather have the order at once granted, than attempt
to vindicate so foul a charge. I submit, my Lords, as we
had no intention of conveying such a meaning, and as
not one out of ten thousand could ever think of it, it is not
a ground to warrant the interposition of this Court.
Mr. Justice Jane-In a late case in England, a news-
paper contained an:attack on a Mr. Hawthorn. The allu-
sion was most obscure, and none but parties aware of the
circumstances, could eren think of it. Yet the Court
granted the rule, and the defendant let the verdict go by
default. The prosecutor, of course, never had them called
up for judgment, as all lie wanted was a justification of his
conduct..

Sergeant Goma—Before your Lordships give your
opinion, I submit it is due to the character of Lord Dan-
garvan, a young Nobleman, the eldest son of the Premier
Earl of Ireland, and a British Peer, who is married into a
noble family (frowth), and whose mind and feelings are
stung to the core, to read the affidavits, which totally dis-
prove the allegations contained in the defendant's affidavits
—allegations, which, instead of extenuating, are an aggra-
vation of the original libel.
Mr. JACKSON—I hope my Learned Friend will see how
unfair it is to press this point.
CHIRP JUSTICEI don't think the request is at all an
unfair one. If a young gentleman happen to commit an
error, is he, on this account, to be indicted through a news-
paper, and to have all the acts of his life dragged before the
public eye? And is he to be with impunity, charged with
the commission of one of the blackest crimes man can fall
into ? In East's Reports, in the case of Meadows, the Court
decided, that even without an inuendo words spoke their
own meaning.

Mr. Jacxsorr —I protest, my Lords, I could not dis-
cover, after an attentive perusal, the meaning affixed by
Lord Dungarvan to the paragraph in question.
Mr. Justice VANDELBUR-Why, then, use the words
" drum-boy" and " military propensities ?"
Sergeant GOOLD—Aye, and furthermore, why say, " in-
trude himself (Lord D.) into the company of ladies ?"
CHIEF JUSTICE-11l my opinion, these words make the
meaning of the writer manifest ; and I ask, then, is Lord
Dungarvan to be denied the interference of this Court ?
He has no means of redressing his character and vindicating
his honour in society, unless by coming into this Court, or
going before a grand Jury. I cannot see how Lord Dun-
garvan's conduct at the mayoralty house, even admitting it
to have been improper, can at all interfere with this appli-
cation.

Sergeant GooLn—l will now, my Lords,. read the sup-
plemental affidavits.
CHIEF JUSTICE-Certainly. It is not right that the
charges made, and repeated in the replying affidavits,
should be left unrefined, or that an cx-parts statement
should go before the public.
Sergeant GOOLD—The first affidavit is that of Miss Mar-
garet Magee, daughter to the Archbishop of Dublin. She
states that she remembers the night of the 4th November
last, and was one of the Lady Mayoress's party, in the gal-
lery of the King's room at the Mansion-house, on that
evening, to witness the proceedings of the Brunswick
Club, which dined together at the Mansion-house on that
day ; that while she was in the Lady Mayoress's box, Lord
Viscount Dungarvan came into the box and remained for
some time; that when he came in first, he appeared heated
and a little flushed, but after he had remained for some mi-
nutes, he became composed, and spoke to the _Lady Mayo-
ress and to deponent, and while he remained in the box, he
neither said or did any thing uncivil, or in any manner de-
rogatory to the conduct of a Nobleman or a Gentleman,
and did not appear at all intoxicated. The next affidavit
is that of Miss Rebecca Shaw, of the city of Kilkenny,
spinster, who states that on the evening of the 4th Nov.
last, shwas one of the Lady Mayoress's party, in the gallery
of the King's room, at the Mansion-house, to witness the
proceedings of the Brunswick Constitutional Club, which
dined together at the Mansion-house on that day; that
while she was in the Lady Mayoress's box, Lord Dungar-
van came into it, and remained for some time, and had
some conversation with deponent, and pointed out to her
some of the individuals who formed the company below,
and did not appear at all intoxicated, and that while he re-
mained in the box, his conversation and demeanour were,
in every respect, perfectly correct; and not in the slightest
degree unbecoming a nobleman or a gentleman.
CHIEF JESTICE.-Disallow cause.

THE WING, AT THE PROSECUTION OF LORD DUNGARVAN V.
unautty HENRY' SHEC.HAN, ESQ., EDITOR. OF THE EVEN-

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