The Sun.
London, England, 1842-03-26 00:00:00

THE QUEEN V. WM. SWAN, JUN.

The ATTORNEY7GENERAL briefly stated the facts of this
case, which had also been instituted by order of the
House of Commons, against the defendant, the son of • a
large and opulent carrier for this town, for an alleged
act of bribery at the election of Mr. Manners Sutton in
1839. The information charged the defendant with
having bribed one Benjamin Lee to vote for Mr. Sutton,
by promising to giro him 51., and to lend him the fur-
ther sum of 15/. after the election in September, 1839.
Two witnesses were called, whose evidence being di-
rectly at variance, the Judge interrupted the-- ease, and
the Jury immediately returned a verdict of Acquittal.

MIDLAND ClRCUlT—Warwick, March 23.
- THE QUEEN V. ALLEYNE.
This case excited great interest, and brought together
a very crowded Court. The defendant, said ,to be' bro-
ther-in-law to Mr. Dempster Heming, formerly candi-
date for the northern division of Warwickshire, was in-
dicted for sending a challenge to Mr. Henry Power, so-
licitor, of Atherstone, and afterwards publishing and
circulating a libellous placard, with the- intention to
commit a breach of the peace. -
Mr. DANIELL (with whom was Mr. Mellor and Mr.
Macaulay), in stating the case to the Jury, regretted
that it was one of the most painful description. The
simple question they had to try was, whether or not
the defendant had been guilty of sending the challenge
complained of, and afterwards publishing. the libel
which was the subject of the present indictment.
In the discharge of his duty he should; however,
be obliged to allude to the circumstances under
which the offence was committed. The prosecutor
was a highly respectable attorney, residing at Ather-
stone ; but who the defendant was he need scarcely say,
after the occurrence of recent circumstances in an ad-
joining county, which were the subject of considerable
curiosity and inquiry amongst the gentry of Warwick-
shire. He (the defendant) had, however, requested them
to form a judgment of his conduct, and upon that the
Jury would have to decide. In October, 1839, Mr. and
Mrs. Power, in company with Mr. Roberts,--the late vicar
of Wetherley, and his lady, visited Ramsgate, and there
became acquainted with the defendant Alleyne and a lady
who was stated to be his sister. They appeared to be
persons of great respectability, and moving in a high
state of society, An intimacy took place between the
parties, and after an intimacy of twe months, Alleyne and
his sister paid a visit to Wetherley. The young lady was
shortly afterwards married to Mr. Dempster Heming,
of Caldecote-hall, and the defendant, her reputed bro-
ther, resided with them. Occurrences afterwards took
place which led it to be currently reported that he and
Mrs. Heming were not brother and sister, but in fact
man and wife. The defendant charged the prosecutor
with being a party to this report, and authorised aj Mr.
Graham, a solicitor, of London, to wait upon him to ob-
tain satisfaction. The following is a cop,pf the letter
delivered by Mr. Graham to Mr. Power--:
" CaldecOte, Nov. 25.
" Sir,—Having ascertained that you hive uttered a
foul, malignant slander against me, I require you. to give
me satisfaction ; and my friend, who delivers this, will
make the necessary arrangements on my behalf.
" I am, " H. L. ALLEYNE."
Mr. Power denied having uttered the slander with which.
he was.charged ; but, considering the menace held - out -
in the above letter, he refused to give a written deniaL •
The consequence was, that the next day a placard, of
which the following is a copy, and its publication admit--
led, was circulated in Atherstone and its neighbourhood :
" Caldecote, Nov. 25.
" My character having been traduced during my resi-
dence here, by an odious and malignant slander, which
has been most industriously circulated in this neighbour-
hood, and having for a long time most unsuccessfully
sought to trace the source from which it .emanated,l •
have recently ascertained that Mr. Henry Power, attor-
ney at law, of Atherstone, is the person who uttered the
foul calumny, ' that it had been ascertained beyond.
doubt that Mrs. Dempster Honing and myself were not
brother and sister, but man and wife,' upon which I lost.
no time in requesting a friend to require Pram Mr. Power
immediate satisfaction for the base lie, which he has
refused to give me, and being thus unable., to obtain any
redress I now denounce Mr. Henry Power to be a slan-
derer, a liar, and a coward. - " a 'L. ALLEYNE."
The Learned Counsel said he knew not what the result
might be as regarded the domestic relations of Mr. 1).
Hewing and his family ; but the prosecutor, who acted
under the advice of friends, could take no other step than
that which he had adopted on the present Occasion. He
placed his case in the hand of Mr. Batter, a profes-
sional gentleman of Atherstone, and, with the sanction'
and approbation of Mr. Bracebridge and the Rev. S.
Homing, that gentleman wrote to Mr. Dempster Homing
the following letter :

" Atherstone, Dec. 11, 1841. .
"My dear Sir,—Mr. Power, having placed himself in
my hands professionally, with reference to the steps lately
taken by Mr. Alleyne, in challenging and posting him in
consequence of alleged reports reflecting on Mrs. Demp-
ster Ileming and Mr. Alleyne, I think it right, before I
take any proceedings, first to ascertain whether all
matters connected with th6se unpleasant affairs
cannot be amicably settled by reference to mutual friends.
If Mr. Power has unintentionally or unguardedly said
anything reflecting on the conduct of Mrs. Dempster
lleming and Mr. Alleyne, he is willing, and always would
have been willing, if called upon, to make the most ample'
reparation which one gentleman can require from
another. Should you entertain the same views as my.
self, I shall feel great pleasure in naming a friend on
Mr. Power's part, and receiving one on yours, whose
decision and orders all parties shall duly carry out.
" Yours faithfully,
"Dempster Honing, Esq. " S. S. BAXTER."
On the same day the following reply was received by
Mr. Baxter :

" Caldecote-ball, Dec. 11, 1841.
"My dear Sir,— I have received your. letter of the
11th instant, and will send you an answer as soon us
Mr. Alleyne returns from London.
"Yours very truly,
"

" To S. S. Baxter, Esq., Atherstone."
Et appeared that Mr. lleming could do nothing without
Alleyne, and unfortunately he was led, under his advice,
to answer Mr. Baxter's conciliatory letter in the follow-
ing terms : _ _

" Caldecote- hall, Dec. 15, 1841.
"My dear Sir,—l have laid your letter of the 11th
before Mr. Alleyne, who has given me notiuthority, in-
asmuch as it concerns him; and, as far as it may relate
to myself, I cannot consent to submit the _atrocious ca-
lumnies uttered by Mr. Power against my wife to any
private reference.—Your's truly,
" S. S. Baxter, Atherstone.

" D. lIEMING."

Mr. Daniell concluded, by stating that he 'should lay the
facts of the case before the Jury, and there could be no
hesitation in declaring that a verdict of guilty must pass
against the defendant.
Mr. Power was then put into the witness-box, and do-
eased to the facts stated in Mr. Daniell's opening.
On cross-examination, he admitted that he and Mrs.
Power had paid Mr. and Mrs. Herning a visit shortly
after their marriage, and that the visit had never been
returned.

Mr. Burgess, a printer from llinckley, deposed to th©
libellous placard having been written by. Alleyne, with
the sanction of Mr. Feainhead and Mr. Jiirvis, two soli-
citors, who were present at the time it was concocted.

Mr. Sergeant GOULBURN (with whom was Mr. 'Ili11)
designated the prosecution as malignant on the part of
Mr. Power and declared, were he allowed to do so, he
could prove that the imputations, with respect to Alleyna
and his sister, were scandalous falsehoods.

The Learned JUDGE directed the Jury to find the
defendant guilty, but intimated that he should defer
passing sentence, in order to allow Alleyne the oppor.
tunity of contradicting the statements made with regard
to himself and his connexion with Mrs. Dempster Heming.
Verdict—Guilty. Sentence deferred. •

SOCIETY FOR THE SUPPRESSION OP INTEMPER•
ANCE.—The annual tea meeting, held by the friends
and members of this Society, took place yesterday at the
Crown and Anchor Tavern, Strand. James Spence,
Esq., of Southampton, and other active friends of the
cause, presided at the respective tea tables, which were
well filled with several hundreds of the advocates of tem-
perance, together with their wives and families. At the
public meeting which was held afterwards, J. S. Buck-
ingham, Esq., presided. The Chairman, on rising to ad-
dress the meeting, was received with loud applause. He
said that the purpose for which they were assembled was
one of reciprocal enjoyment ; and, from the animating
scene which he saw before him, it was plain that it could
be accomplished without the aid of wine, spirits, or any
other inebriating drink. It was the first time that they
had ventured to raise in that hall, or in that part of
the metropolis, the standard of temperance in so bold
and open a way. By cominc, into the Very centro of
the enemy's territory they showed that their zeal and
courage were in no degree abated. The progress which
Englishmen had made of late years in redeeming them-
selves from the national stigma of intemperance was
great. He hoped that in future it would be still greater.
After describing in interesting and instructive langusge
the physical, moral, and intellectual evils 'which resulted
from habitual drunkenness, he entered at some length
tr; and
showed its pernicious effect upon the national indusy,
showed that if the 50,000,0001. annually
spenthe i
products
nPrn
tuous liquors was devoted to the purchase of te d
of our trades and manufactures, it would go.far. as to torem remove
the gloomy anticipations generally entertained
future industrial and commercial prosperity
country, and open a market ford. our
_r.
Orley,the trea-
mparnouspfaecrtiutyresobfetttheer
Mr. Preston, Mr.
than any that could be devised. 1);
surer ; Mr. Ranson],
cern, afier which a liberal collection
in advocacy of the caus
Castle, and other gentlfr°enin then addressed the meeting
was made in aid of the funds, and the meeting separated.