The Sun.
London, England, 1845-02-11 00:00:00

GOVERNOR.

Magistrates on the Bench—John Guille, Esq., bailiff ;
John L. Ilarchant, Thomas William Gosselin, Thomas
Le Retilley, Harry Dobree, Thomas F. De Havilland,
Thomas Andros, and Edward M'Culloch, Esqs. Jurats.
The plaintiff, Sir William Collings, having taken his
seat at the bar, the following action was read by the
Greffier

" Sir William Collings, Knight, actions William
Francis Patrick Napier, squire, C. 8., Major-General
in the British Army, to hear his complaint and declara-
tion of having, the said William Collings, been seriously
insulted, calumniated, defamed, and libelled, by the said
William Francis Patrick Napier, on the 30th of March,
1844, or thereabout, the said William Francis Patrick
Napier having written and sent to the said William Col-
lings, the said 30th of March, 1844, or thereabout, a letter
of which the following is a copy :

" March 30, 1844.

" Sir,—Major Bainbrigge has informed me that you
refuse to contradict the infamous and false charge which
has appeared in the Gazette of the 16th, as part of your
speech, and which I have pointed out to you—you pro-
mised you would contradict it ; you now refuse ; you
have therefore forfeited your word as a gentleman, and
I am entitled to hold you responsible, as having made
use of the language exhibited to you in the Gazette.
" This, Sir, is a foul charge which you have dared to
utter as a judge on the bench, against me, her Majesty's
representative. .
" My position prevents me from exacting from yon
that reparation which I would instantly have done if I
had been in a private capacity. I shall therefore call
upon the Secretary of State to enforce the reparation
due to me in my public capacity for this false and in-
famous charge, meanwhile leaving you with the dis-
honour of having added to that false charge the breach
of your word as a gentleman.—l remain, Sir,

''''' W. NAPIER, Lieut.-Governor.

" Sir William Collings, Knt.,' &c., &c.
" The said letter being false and calumnious, tending
to degrade and dishonour the said William Collings
both as a private individual and as a jurat of the Royal
Court of this island—the whole against his honour,
credit, and reputation, to his great prejudice and damage,
and v,ithout any provocation on his part; and to see him
obtain the adjunction of the Crown lawyers, so that he
may have due reparation and costs."
The Queen's Sergeant was proceeding to evoke the
defendant in the usual manner, when
The Bailiff said, " Who enters this action?"
Advocate Tupper—" I and Mr. M'Culloch?"
The Bailiff—" Have you either of the Queen's officers
acting with you?"
Advocate Tupper—" It is not necessary that we should
have."

The Bailiff considered that this was not the usual
manner of commencing actions of the nature of that
which was then before the Court.

After a lengthened argument as to the competency
of the Court to entertain the action,
The Queen's Comptroller, having been called on for
his opinion, said that he felt much difficulty in the pre-
sent case. He considered that, as a general rule, Advo-
cates had no right to enter actions of this nature without
the concurrence of the Crown officers, but as he doubted
whether they, the Crown officers,_ could act against the
Governor, he thought it better to let the Advocates take
the course they thought proper. He was not in the
cause at present—if he were thereafter called on to act,
he should do so as he then might consider right. Mr.
Tupper had better be allowed the rule he sought for.
Mr. Le Retilley observed, that taking the rule could
not prejudice any one.
The Queen's Comptroller—l have no objection to let
the case pass.

The jurats were unanimous in allowing the case to