The Statesman.
London, England, 1812-06-29 00:00:00

LAIV INTELLIGENCE.

COURT OF KING 's BENCH, JUNE 27.

1.1 B EL.
rut KING V. FRANCIS ATKINS, EcCI.
This was an Indictment for R Libel upon the Pro.
Vico tor, contained in a letter, and a notice posted
up in a public coffee-room.
Mr. GARROW, for the prosecution, stated, that
the Prosecutor, Mr. Ddap. was a young gentleman,
and an officer of the 'First Dragoon Guards, to which
regiment the D..fendant also formerly belonged.--
That in the year ISO, the regiment was quartered.l
at Lewes, and the Defendant had been put into.
Coventry by his brother officers for some miscon-
duct, but by the kind interference of the Prosecutor
he was again introduced to his mess; when one day,
after dinner, the conversation turned on the subject
of Russia, upon which occasion a dispute arose, and
the Defendant conducted himself so improperly, es
to call for the interference of the Prosecutor, and
the former was again dismissed the mess, and again
put into Coventry. The next flay he sent a most ex-
traordinary challenge to the Prosecutor. As he
could not procure any one for a second, lie pro-
I
posed that they should meet alone, measure five
paces, and turn back to back ; that one of them
should count to the number fire, then turn round
and fire, in short, that they should try which should
murder the other. The Prosecutor consulted his
broth( r Officers upon this, and they agreed that the
proposition was wholly inadmissible, and an answer
was sent accordingly. The Defendant soon after
quitted the regiment ; hut in about twelve months
after, sent another proposition to fight, which the
Officers of the regiment theugAt equally inadmissible,
and it was accordingly rejected. The Defendant,
however, continuing to persecute the Prosecutor, he
was at last obliged to have him bound over to keep
the peace; in consequence of which, the Defendant
thought proper to post the libel in question, at Ib-
betson's lintel ; Stephen's, the Prince of Wales, the
York, and other coffee-houses in the metropolis,
which was to this effect :

" lieut. James H. Delap, of the Ist Regiment of Dragoon
Guards, ha% ing, under various pretences,.in three instances,
evaded giving in,. Cie Fa; isfact ion of a Gentleman, in refusing to
give me warrant:it le mlress for an unwarrantable insult, and
having t•inee held me to hail in 4 01. and two sure•ies in '2OOl.
each, 10 !ice') the pearl, for 111 mouths—l thus proclaim him a
scont.drel and a coward."

A copy of this notice was also enclosed to the
Proiecntor himself, in a letter from the Defendant,
directed to the Officer commanding at Basingstoke,
where the Prosecutor was then quartered.
A waiter from Ibbetqon's Hotel proved,' that
the Defendant had posted one of those papers in
the public Coffee-room, which was soon after wards
tal:•u (lona by 1 Gentleman who observed it.
The Prosce,:tor then produced the copy sent to
lf, and proved both to be the hand-n citing of
the Defend tilt.

Upon Lis cross-examination by Mr. MAttRYATT,
for the Defendant, he said, the disputa arise In the
mess-room, which ended in a blow ;;iven !,v the v.it-
vess to !)e P4entlant. The Lesroed Counsel was
then ptoceediug to examine him, 4S to the contents
of several lei ters which had passed between them, but
were not pwlnced in eviflence, when,
Lord Er.t.t:nottoutat thought this nottli have no
tearing ott the question before the Court. And
Mr. M Anita Ail' declining to enter into an v defence
et present, but iniirunting that he should reserve
these letters, and his observations upon them, until
the Defendant should be brought up for judgment.
The July, under the direction of his Lordship,
found the Defendant—Guilty.