The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1836-12-09 00:00:00

"THE GENTLEMEN OF THE PRESS."

On Tuesday last Dr. M 'Ken iie, editor of the Liveripoolfounal,
appeared before Mr. Hail to answer a charge of assault, for which,
Mr. Thomas Campbell Foster, the reporter . for the Limpool
Standard, had caused him to be summoned. Upon the case
beiug called, Mr. Foster stood up, and said, that On Friday
afternoon last be was engaged in the Insolvent Debtors' Court,
taking notes of a case, which had excited considerable interest,
for the Manchester impels; the case to which he alluded wit 3
that of Mr. Moon ; the inquiry did not come on till late, and it
was three o'clock in the afternoon before it concluded, Ae the
Manchester mail left Liverpool at five o'clock, he was naturally
anxious to complete the taking of his notes as soon.as possible,
In the course of the inquiry a lengthy document was read re,
lating to the insolvent, for which .he had applied, and at the
conclusion of the case, it was bonded ove,t to hitn. He was
about to rukke use of it, when Dr. M'Kenzie, with. much rude,
news as he thought, snatched it out of his band, saying that he
had applied for it before he (Mr. Foster) had, placed it before,
him, and very deliberately commenced copying it., Mr. Foster
then said he was perfectly agreeable to have the doCuine tit placed.
betwixt them, .t hat both might avail themselves of it; to which
Dr.M`lienzie replied, that he would have.nothing to do with
such a fellow. What could call forth such a remark he (Nlr. Foss
ter) was unaware, unless Dr. M'Kenzie, had taken some private
pique against hint. Mr. Foster then appealed to Mr. Venables;
who was counsel in the case, and who appeared anxious, that
both should have the advantage .of the document, and one of the
opposing creditors (Mr. Powell, he believed) very politely
uttered to read the document slowly over.to them. To this Dr,
M'Kenzie again replied, that " he wished it to be understood
that he was perfectly distinct from such a fellow." He (Mr.
Foster) was naturally exceedingly irritated at this, and told Dr.
M'Keuzie that he was behaving very much like a blackguard
upon which the latter immediately struck him a violent blow on.
the face with his open hand. This was done in the presence of
Mr. Venables, several gentlemen of the bar, and of a crowded
court. A gentleman, whom be should call as a witness, who
stood near, had very handsomely come forward at the time, and
gave his name and address, if he should be necessary
,zis a wit-
ness. Mr. Batcheldor, who was situated some yards behind, alsri
heard the blow, which would merely serve to prove its violence;
he not having seen it. His first impulse was to knock Dr,
M`Kenzie down, but there was an immediate cry of "outrage in
court," and with some difficulty he refrained from striking him,
and sat down; he was • greatly excited, and under that excite-
ment told Dr. Wlienzie that he had behaved like "a dirty
blackguard." He now felt great satisfaction that he had not so
far demeaned himself as to stoop to the level of the ungentle-
manly conduct which the defendant had thought proper to adopt.
Dr. M‘N.enzie, after the infliction of the blow, presented him his
card. The meaning of this was perfectly well understood, hut_
under any circumstances he should not have resorted to so fool-
ish and absorb a practice of settling a dispute. Instead of
resorting to any personal mode of satisfaction, he had thought
fit to pursue what appeared to him the wisest, as well as the most
peaceable course, and appeal through the magistrates or that
redress which the law awarded for so gross au insult. He felt
perfect confidence that the decision of the magistrates would be
such as would afford fitting redress for the insult he had received,
and with their decision he should rest satisfied.

Mr: Foster was proceeding to call upon his witnesses, when
Dr. M Kenzie intimated that he wished to ask the complain-
ant a few questions. Mr. Hall signified his assent. Mr.
Foster then, in answer to the questions of Dr. M'Kenzie, said
that their relative positions were nearly opposite to each other,
though they had in the first instance been sitting at the same
side of the table, with a gentleman between them. He could noc
have copied the document along with Dr. M'K. uulesi he
gone round which he wmild Willingly yave done: To the best of
his recollection the word " fellow" was applied to him, and not
" person ;" and the mode in which it was_ said rendered the
observation doubly offensive. He did not give Dr. M'Keuzie
the lie, nor did he ever use the ungentlemanly words " you are-
a liar." He was exceedingly exasperated, but, to the best of
his recollection, the words which he used were " your conduct
is that of a dirty blackguard."
Dr. M'Kenzie.—Did you not call me " a dirty blackguard,"
" a scamping, fellow," and " a row ruffian ?"
Mr. Foster.—To the beSt of my recollection, the words I
made use of were what I have before stated.

Mr. FoSter then called Mr. Dry, who testified that he had'
seen the blow given, but did nut hear anything of the pre-
liminary c”nversation.
Dr. Icl-Kenzie.—" What sort of a blow was it ?"
Witness.—" It was a very severe blow."
Dr 111•Iienzie.—" How was it given ?"
Wilness:—" It was such a blow as I should not have liked.
to have had inflicted on me."
Dr. 111`licnzie.—", Was it not given with the open hand ?"

Witness.—

Yes,"

Mr. Hail.—" The complainant has already stated so."
Dr. M'Kenzie then said in defence that he went to the In-
solvent Court on F riday, that being the day with him preceding
that of his publication. He had been sat in the court a con-
siderable time, and bad applied for the document in question
before Mr. Foster entered the court, and Mr. Venal)les had
promised to let him see it. He might say, incidentally, that be
had not had the honour /l• even a bowing acquaintance with
Mr. Foster,:sinee that gentleman had taken occasion so to
flame a police report that it reflected both uu his public and his
private character. The document was handed over, and Mr.
Foster received it; and his impression was that Mr. Foster
was performing an act of politeness by handing it over to him,
and he took it from his baud, not as Mr. Foster had said by
snatching it, though that might be Mr. Foster's impression,
for he was fully convinced Mr. Foster would ❑ot state anything
which he had the slightest idea was untrue. Upon his telling.
Mr. Foster that he had first applied for the document, Mr.
Foster told him that he was " a liar" and " a blackguard."
He (Dr. M•Kenzie) was sorry that he had forgotten what was
due to his own character as a man and a gentleman, and that
he had so far erred as to commit a breach of the peace. Mr.
Foster had continued after this to call him " a scamp," " a
blackguard," and " a low fellow." and to use so many oppro-
brious epithets that Mr. Venablds had laid his hand upon his
shoulder and requested that be would take no notice of him.
He was sorry that he was unprovided with witnesses. The only
person upon whom he could have called being Mr. Reynolds,
the reporter for the Mail, who witnessed the whole transaction,
and who was not present.
Mr. Foster rose and said he apprehended, in the absence of
all proof of the statement of Dr. IVl'Kenzie as to the expressions
he had made use of, they would not he received in evidence.
Mr. Hall, interrupting, said as Dr. M•Kenzie had no wit-
nesses he was entitled to the last word.

Dr. M`Kenzie said, he should leave his case confidently in the
hands of the magistrates.
• After a short consultation with the Mayor and Mr. Roskell,
both of whom were on the bench,
Mr. Hall said, it is much to be regretted that this matter
could not have been settled out of court, and the probability is,-
that a settlement might have been made, if a sufficient apology
had been offered by Dr. M`Kenzie, which, moreover, under the
circumstances, would have been exceedingly proper. The facts,-.
so far as they are in evidence, appear to be these : that there
was some dispute between Mr. Foster and Dr. M`Kenzie re-
specting some document; that some arrangement was endea-
voured to be effected between the parties, which, however, could'
not be accomplished. 'What Dr. M'Kenzie said upon the occa-
sion, I have nothing to do with, further than as regards the case.
It appeared that Dr. M'Kenzie first endeavoured to snatch the
paper from him according to the evidence of the complainant,
and afterwards said, according to the complainant's evidence,
" let it be perfectly understood that I am perfectly distinct from
such a fellow." That observation called forth' the language
they had heard, and then a blow was given. Now, the snatch-
ing of the paper, in the first instance. was an exceedingly abrupt
act, and the expression which followed Was one of a very harsh.
nature. It was certainly calculated to offend any man of or-
dinary feelings. It was, in-point of fact, to tell him that he con-
sidered him beneath his notice, and not his equal in any respect,
which might naturally be expected to provoke an angry reply.
Teat angry reply was given, and up to that time both partie
seem well to have balanced the account—so far as the use of
language goes. Then, unquestionably, a breach of the peace
was committed by Dr. 111:Kenzie. No words can justify a n
assault in law. and, though language can palliate such a case
under some circumstances, I can hardly say that there is any
palliation in the present case, because hard words had been
bandied between the parties. No blow
was given by Mr. Fes-
ter, and no attempt was made to strike. lt is net like a man
saving, " You are a blackguard." and then a blow following,
but language and conduct calculated to provoke such an ex-
pression as had been used had previously been applied. lam
bound to sav, that this conduct is improper and iliegal, particu-
larly when we recollect that it was done in a court of justice.
It is t rue, that the commissioner did not appear to be sitting at'
the time set the court was still held for all ordinary purposes.
I am quite sure that Dr. M Kenzie must see that he has acted
u Though we shall certainly take into our consi-
ionly thing to he regarded as a palliation ; it is much'
te nijautsitrtn i a
ttioiley.
to be rogretted that a due apoloey was not wade at the time. It
must be recollected that the assault 15 015 committed in the pre-
sence of a nineber of respectable persons. Although it might
not be a severe one, yet still it must be rev-
Anted by every man
to be offering a great indignity. Under all the cireninstances,
taking- into consideration the regret that has been expressed by
Dr. M`Keozie to-day, and but for which we shoutd have been
disposed to treat the case much more severely, we think the as-
sauit has been proved, and we adjudge that you do pay a fine of
sixty shillings and costs, or, in default of payment, be committed
to the Borough Gaol for five weeks.
Dr. M`Kenzie immediately paid the fine and left the court.
The case seemed to have excited great interest, for the court
was excessive v crowded during the whole of the proceeding,
immediately after which it. was comparatively empty.—Courier.

Stu,—Having
EDITOR OF THE LIVERPOOL .S'T.I2VDdRI).
S: —Having seen a report in several newspapers of the pro-
ceedings in Inv ease, on the hearing of my petition before
Henry Revell Reynolds, Esquire, his Alajesty's chief commis-
sioner of the Court for Relief of Insolvent Debtors, both at
Lancaster and Liverpool. It will he recollected by the public
on the hearing of my case at Lancaster on the 251 h and 26th
July last, that I was opposed by Messrs Charles and Thomas
Howard, cotton spinners and manufacturers, Hyde' Cheshire,-
and that having been prepared on the 11th No."..L.lit,er last, on.
the second hearing of my case before the commi,,sioner at Lan-
caster, with evidence to prove the total.falsehood of Mr. Charles
Howard's statement given on oath at the previous hearing. The
commissioner then said that he had lung made up his mind, and
was perfectly satisfied there was no ground for Mr. Howard's
charge, and that he then thought it right to tell me so, that my
mind might be relieved from any imputati,,n, and that flora
such determination of the commissioner I was in consequence
wholly prevented, which 1-was then prepared to do, from bring-
ing evidence to disprove the whole of Mr. Howard's charges,.
which were whollyfaLe and without foundation. It will be also
recollected at the same time that it was proposed that the inves-
tigation of the whole of my accounts should be referred to Mr.
Harmood Banner, of Liverpool, accountant, and in which
fully concurred, when, after two day's examination of my ac-
counts the whole were substantiated, with the exception of a
transaction with the Commercial Bank Or England, Manchester,
which was only then discovered, and previously unknown to me,
by which it appeared that I had paid into the said, bank between
the sth March and 14th April last £6016. is. and_ only en-
tered as received from the hank in my cash memorandum book
of uecessity have received this'
between the same periods £3569. 18s. 10d., miLsing a difference
receiveds I
from them, is the sole cause of the omission of the entry
tort: ) e2;s' )?r 0. sCh 2e
l. bark,A. d:hnuadsvt igh omittedc
aiut oceutti, tfiedr
was
smdeo an se
ent
Ghti%coun,,gitvhee
of payment of the same,
Having arrived in Manchester, and being anxious to clear up
lw
requestedAi
immediately on receipt of the money front the bank.
this transaction, I called at the Com_mercial Bank of England
idnieretchteordiaitte'ds
avnvhke.nanld
and particulars of the sums of money 1 had received from the
ina
nMa
goenrd
.oa
fy
itstb
bank against the £6076. is. lid. 1 had paid them between the
sth March and 14th April last, which he declined to do, and ob-
served that the business was now over and it was not necessary.
I was surprised at receiving this
answer, and which precludes
me from accounting for the
money so received, which I am now
anxious to do.— I am, Sir, your obedient -
servant,
Manchester, Bth Dee 1836. JOHN MOON.

ENORMOUS TURNIP —lllr. James Park, seedsman, of Mil--
loin, Cumberland has. growing on his estate a turnip, (green'
top) of the following extraordinary dimensions; circumference:,
31 inches height, 27 inches. Pe has also on one acre of ground'
50 cart loads of potatoes.