Star.
London, England, 1807-11-26 00:00:00

LAW I IGENCE.

COURT OF . NCH, NOV. 23.
THE KING 'O. CoLt.tiPL
The proceedings in this cece were pafiponed to
give the Attorney General an opportunity of alifwer
ing the effihavit of Dr. Lytle try producing another
fr m r e Earl ()t. Bockinghainfhire.
Dr. Frederick 'llia-dm:is Lynch depefed, that.he
was a phylician at Galway, and heating that G,-
vernment, for the encouragement nt emigt ant s to the
ifland of Trinidad, had offered tracks of land in that
fettlereent, with the view to refitting there, he had
procured two letters to Calonel Piton. In order to
make fuitable irviries, he called upon the Right
Hnnnurahle J !In tittliivnn, Secretary to the Earl of
Buekinghamthire, to whom, after waiting a long time,
he. could prnenre no accefs. tars ditappoinied, he,
called again the next- morning. when, in anfwer to
his goteltione, Mr. Sullivan told him, that the inten
lion was, only to grant ten acres et land and a few
tools to white fettlers. Tn this the Dueler rerlied that
it would be jolt sufficient to make a }satanical garden ;
nn which Mr Sullivan asked if the deponent had letters
of introdne'lion to the iflan.i ? The Dotter replied, that
he had liwne to General Plana ; on which the Secre-
tary faid, that they weuld he of li.tle or no life to him,
as General Pion would be ordered probably to re-
turn before fix months had excited, as Colonel Ful-
lerton was to inveiligate his condutt. The affider it,
which was of great length, then adverted to other
particulars not neceflirry to detail.
Our Readers will recolleCt, that this interview be-
tween Mr. Sullivan. and Dr. Lynch was the lithjeCt of
a pamphlet of ab .ur. three hundred pages, wthren by
the Defendant, and pablifhed at Mr. Budd's, in Pic.
cadily. As the author, he was (mind guilty, the
Jury having pronoeneed it to be a libel.
The two affidavits this day produced on the part
of the Profecution, were thole of the Earl of Buck.
inghamfhire and of the Prolectitor. The former Itated
in general. terms, that no inch inflruCliens as were
alluded to in the affidavit of Dr Lynch, refaelting
General Piton's renal, were given to Mr. Sullivan ;
and the Noble deponent laid, that he believed that
Gentleman to be incapable of tsanfmitting any orders
incontinent with his iiittrations. Mr. Sullivan's affi-
davit direaly contradillad the matters Rated in that
of Dr. Frederick Thadaas Lynch.
Meffrs. DAUNCEY, MARRYATT. and GURNEY said,
that the glieffinn was not, whether in the confliding
affidavits of the eminent perfons who had fworn to
them, which were unreel as to the fiats, but whether
She Defendant was placed in fuch circumliances as
'to believe his reprefentations in the pamphlet to be
tree? Some parts of the tale were pert-ally clear—
• certain it was, that General•Pielon's conduct wan in.
velligated, and That he did leave the ifland of 'rd-
. elided antecedent to the publicatinn. The credence
lie gave to filch falls- was further confirmed by his
own affurances to the Learned Caunfel, who are ati-
fliorifed by him to fay, that, upon the honour of a
• foldier and a gentleman, he did at that time believe
• tbe troth of the allegations.
Colonel Draper—" Mofl affaredly I did."
The Learned Connfel returned. The Court would
pay fame deference to the affidavit of Dr. Lynch,
and fume retpeet to the high charaller and acknow-
ledged merits of the gentleman on the fi .hr. In this
fituation, although no vindication could be given,
pc the • Court would confider the various relations
and bearings of the trantaftions, and in the adrniai-
firation of.Jullice would remember mercy. The
extent of his delimiter cy was ibis—Colonel Draper
had publifhed what the law deemed to be a libel
bnt what 'he l.imfeif, as a good fubjea, thought it
sight to make known.
The ATTORNEY GENERAL, Mr. GARRIIW, and
Mr. Serjeant BAILEY, faid, that no man teemed to
else mote alive to infinuations againil hi. own charac-
ter than the Defendant, and no man more carelel.
and indifferent about the reputation of others. . He
profeffed to feel all the fenfibility of a man of ho-
nour, a foldier, and a gentleman, and considered life
infitppotteble under the imputation of falfehood.—
They wiffied he had paid the fame retpeet to the
feelings of Mr. Sullivan Which he was difpofed to
pay to his own ; that he had fuppofed it paflible that
there might be another man of honour, whole exit?
ence could be rendered miferable by being branded
as a dark and cowardly affallin, and as having un-
cloaked the stiletto, to plunge it in the breaft of an
Officer. They were ju(tified by the evidence at the
trial, in Rating, that he had ranfacked the Englith
language; that he had feleded the molt rancnrous
and the most malevolent epithets ; and, in thou, that
he had exhaufied his native tongue in the wade of
opprobrium applied to Mr. Sullivan. No diligence
of research, no aCtivity of imagination, could have
furnilked words and fentiments fo flrongly
of fpleen and detena ; and the Court was (?,is
day to be told, by the Learned Count-el for the I):
Pendant, that it was Wane! .Draperrs duty, as a ante!
fohjal, to proclaim the affections cant:eked in this
libel. Inflead of its 1-cing rrtrafted, esen at this
Ilage of the proceeding, the lanauagz of the Learned
Counfel was intended as the cenfirnaation and reprrh.
lication of this indecent end malignant Ilander, di.
'reeled againfl a man of whom, it Colonel Draper
had enquised, he would have dilenvered, that hi,
fair reputation had never been defiled by the breath
of calumny. From. whom did the Defendant learn
the particnlars Hated in this libel? Front a perfon
unknown ; from an adventurer to a dillant fettle;
ment, who thought fit to wait upon the Right Hon.
Secretary, but to whom that Gentleman could never
have made any confidential communications. A
granger embarking in this foreign fpeculation, to
have this interenrate with a. public Officer I Could
: any man (wallow fuch—ars. iatiifobability excepting.
Colonel Draper ? . -
Colonel Draper bowed. •
The Learned -0)044 retooled. Col. Draper mug
not complain, if inettere Pad out Of pore companion
: to hirn:_ehatehe sifted from fume infirmity of his
atiderliabding. linw did this cafe. prefent itfelf ?
The defence was, that he did. not publifh what he
did not believe. He mull believe then that Mr.
Sullivan was- guilty of 014 gmfs.mifdemeanour, 'in
an interview with a perfon elf- whom he had no
-knowledge-=Mi. Sullivan a man in office, and of
courfe, from motives of dirty, 'ever- ern his guard
Colonel rhiper mull- be the Mrs& 'cieduloui of ltu
man beings, and his Conflict bad endeavoured an
defend his heart at the expellee of la head. • ".Butt if