The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-05-17 00:00:00

AFFIDAVITS AGAINST THE RULE.

Affidavit of the Hon. Henry Fitzroy, of Chapel-street, Gros-
venor-square, sworn 27th Aril, 1833—Saith, that he has read
the affidavit of John Eden spalding, Esq., made the 16th day
of April instant, in support of his application for the rule Nisi,
for a criminal information against Willoughby Marshall Smith-
son, for a supposed libel in the paper called the Northampton.
Herald, on the 23d of March last.—Saith, that he was present
at the ordinary of the gentlemen of the PytchleT Hunt Races,
held at the George Inn, in Northampton, on I riday, the 23d
day of Match last. That said John Eden Spalding being stew-
ard of the races, presided as chairman on that occasion. That
deponent sat at the table within one of said John Eden Spald-
ing, there being only Mr. Osbaldeston between them. That
deponent perfectly recollects that the health of the King having
been given by said John Eden Spalding, as the first toast, and a
considerable time elapsing before any other was proposed, some
gentleman at the table (but who deponent does not at this time
distinctly recollect) observed that it was usual to drink the health
of the Qiieen, upon which the said John Eden Spalding immedi-
ately replied " Let us bitch her, and drink the royal fam►ly."—
That upon hearing this expression deponent adddressed him-
self to the said John Eden Spalding and said, "I would recom-
mend Toil not try that sort of thing here, it won't go down, and
you will find yourself in the minority." Saith that both the
expression of the said John Eden Spalding, and also his (depo-
nent's) reply as above stated, were heard by those around, and
the said John Eden Spalding almost immediately replied,
" Well, let us shake them all together." That the said John
Eden Spalding then gave as a toast, "The Queen and the Royal
Family." Saith, that he has the most perfect recollection of
both of the above expressions, and could not mistake either the
words or their meaning. That the expressions must have been
heard by many, as they, in fact, became matter of conversation
with the gentlemen around him at the table, and admitted of no
sort of doubt or equivocation. Saith, that in consequence this
deponent and two other gentlemen quitted the room and did not
return.

Sir Charles Knightley, the late candidate for the county of
Northampton, and Captain W. Barton made affidavits to a
similar effect.

MELANCHOLY DUEL.—Exeter, Saturday, May 11.—Our city
was this morning shocked with the report that a duel had been
fought between Dr. Hennis, a young Irish physician, who has
resided here about four years, and is a great 'favourite and a
Sir John W. Jeffcott, who has been recently appointed Chief
Justice and Judge of the Vice-Admiralty Court, Sierra Leone.
It appears that Sir John had been introduced to a respectable
family iu this neighbourhood—the late Colonel Macdonald's—
and paid his addresses to one of the daughters ; and having
been successful with the lady, and unobjectionable in the eyes
of the family, preparations were making for the intended wed-
ding, which were so far advanced that the bride-cake was ac-
tually ordered. In this state of things Dr. Hennis is said to
have received a letter from a friend in town, containing some
remarks on Sir John, and the doctor placing implicit
.reliance
on the statement of his friend, showed the letter to the family,
and the Judge was, it is reported, dismissed. Having at length
discovered the source of the rumours against him, he called on
the doctor, who refused to give up his author. The charges
being in general terms, lie was unable to substantiate them,
and refusing to retracethem, the meeting took place yesterday
afternoon, on Haldon Hill, about six miles from Exeter, on
the Plymouth road. Dr. Hennis was accompanied by Capt,
Halsted, R.N., and Sir John Jeffcott, by Mr. Charles Milford.
the banker. 'A surgeon also was in attendance. They left
town in two postchaises, and were observed going along the
fore street in great glee, so that very different conclusions were
come to as to the object of their journey, the doctor himself ap-
peared to be in very high spirits. The postillions were ordered
to drive to Ashburton ktwenty-one miles), but after ascending
Haldon, the party got out and desired them to proceed slowly
on with the vehicles till they were overtaken. In a very few
minutes they heard the report of a pistol, and stopping to as-
certain the cause, they saw the doctor borne across the heath
in the arms of his second and the surgepn—the doctor mortally
wounded, and unable to speak. He was immediately brought
back to Exeter, to his lodgings at Mr. Upham's, bookseller,
High-street, when his wound was examined by Mr. Barnes, and
other eminent surgeons, and it was found that the ball had en-
tered his side, just above the hip, and going over to the oppo-
site side, had broken a rib, where it lodged. The ball has not
yet been extracted, and doubts are entertained whether it ever
can be. Sir John Jeffcott and the seconds, &c. started for Ply-
mouth immediately after the melancholy transaction, to await
the result of the surgical examination. Warrants have been
issued for their apprehension, it is stated, but this rests on very
vague report at present. It is worthy of remark that Doctor
Hennis did not fire ; his antagonist had the first shot, and the
doctor fell without being able to return the fire. Miss Mac-
donald, to whom the learned judge had been paying his ad-
dresses, is grand-daughter to the celebrated Flora Macdonald,
the friend of the Pretender, Prince Charles Edward Stuart,
after whom her son, the father of Miss Macdonald, was chris-
tened. Dr. Hennis was also about to be married, in a very
short space of time, to the daughter of the rector of a neigh-
bouring parish; the young lady's44istress may bereadily ima-
gined. In fact, public sympathy is very generally and warmly
expressed for the doctor, who is universally beloved, from his
goodness of disposition and active benevolence. With the
poorer classes he was a great favourite, from the circumstance
of having attended them zealously during the visitation of the
cholera. The above is an outline of the facts as far as I could
sift them out of the various rumours afloat. An "affair of
honour" is, happilyz a rare occurrence here, and of course
every incident in it is not only much distorted, but the facts
theniselves are so perverted, that it is difficult to trace them,
even to any connection with circumstances to which they as,
sume to belong.