The Statesman.
London, England, 1818-01-13 00:00:00

1 II Ir a • t411.711H WIC jitHrSZNltil-AsOPlcalr 1
tpr bs3l ,firs 2001.; sod it wouiskimiskatekby Iloota
' uktitl y, that when the Plaintiff went to Guildhall
to prove his debt; be left the bill in his ((`Poghaley's)
hands, in order toesable him to trt4orteir no other
securilles thin those stated .were in grifilibleatisiou
At to Hardy, the Learned Coonsel witbsgreat cot._
dence, argued thlt the mere declatstioes sworn to
against 'hioi :were not sufficient to worrint,a verdict
against blot. - ' ' t
1. Witnesses (among whom was Thomas Poglisleyi
but not Weaver) were then put into the•box 'tti.
establish the principal fact stated by Mr. Topping,
and to disprove the assertions of some 944,1hek wit.
nesses on the other side, particularly the eistiteiotelS
of;Mr. 11414D0ff." -
Lord ELLEWEOROUOII summed op, expreising his
regret tbat, horn a feeling of false pride, the Plaintiff`
had refused to offer that explanation which Mr. Colo
lint had suggested, and which, if given, would have-
prnpably put an end to the prosecution, elw the
subject of complaint. If the Jury found that there
was reasonable and'otohable cause for the indictment,
DO ttus..Defendants would- be entitled to the verdict;
but if, oe the other hand, they thotgbt that it origi.l
slated in mere malice, it would be for them to say who
were or were not guilty. The damages must be paid
jointly by such as were convicted. 1
The Jury retired for nearly an hoer, and brought
lit& a .verdiet for the Plaintiff—Dtmages 10001.
The trial did not conclude until nearly ten o'clock
I at night. _

1•••••

;:~~.

BROWN r. cnoore.
This was an action against a Solicitor, for publish.
ing an alleged scandalous and defaMatory libel, of
sod concerning the conduct of the Plaintifitowards,
his creditors, after he had become liable to a Com-
mission of dankroptry.
Mr. TOPPING, Mr. GURNEY, and Mr. CAMPBELL
were for the Plaintiff, and Mt. SCARLET? was fur the
Defendant.
It appeared that the Plaintiff had been concerned
in two mercantile houses, one under the Arm of I
Brown and Ca., in the county of Gloucester, and the!
other of Tozer and Co. in London. Both houses.'
had become Bankrupts, and the Defentiatit, as Soli-
citor for the 'Gloucestershire Commission, published
an Advertisement in the Gloucester Paper, purporting
to be a Notice to the Creditors in the country, affirm-
ing as matter which had been proved, that the plain-
tiff had collusively drawn bills to the amount of 6 or
80001. in the name of Brown and Co., for the pur-
pose of favouring particular London Creditors, in
order to induce them fraodelently to supersede the
country Commission, and pass his examination with-
out difficulty berme the London Commissioners ; and
also, that he had, on the 17th of Juste,-1816, fraudu-
lently withdra'ssii, without the knowledge of his
partner, property from the Gloucestershire concern
‘to the amount of 10.0001. wllich he had raised by
forced sales.)---The . Defendant pleaded the general
isseeonot, guilty, and • •
Mr. SCARLET? said, he was in a condition to
prove the truth of the facts Charged in the alleged
libel, but
bora FALEMBORnUGII was clearly of opinion, that
as the Defendant had not pleaded a justification, it
was not competent for him to go into any such evi.
dance. If there was any doubt entertained of the
correctness of his opinion, he should be very happy
to have the question put into any sbape most agree-
able to the parties. Had the matters contained in the
Advertisement, been communicated exclusively to the
creditors of the bankrupt, in the shape of a circular,
be was.not prepared to say that the conduct of the
Defending was penal, but inasmuch as it was a pub-
heating to the whole world, who could not be inte-
rested in the supposed conduct of the Plaintiff to-
wards his Eteditorh ; the Advertisement was, strictly
speaking, libellous, and the Defendant was amenable
, to the law.,
Mr, TOPPING then proceeded with the Plaintiff's

case. •
Mr. Scanzzrr then contended, that the Defendant,
as a professional man, was justifiable in making this
publication, as he had done nothing more than what
an honest zeal fur the interests of Hs clients required ;
and.he likened it. to the case of a brief delivered to
Counsel, containing defamatory • words against one
of the parties to a snit. Bul—
lard ELLENirozoucti dissented from the compari-
son, as in sucks, case there would hypo publication.
He war not prepared to say, that if the Advertisement
had beep drawn up more guardedly, that it would
be liable to legal cognizance, but he was clearly of
opinion, that in its present form it was libellous.
The Jury manifested a wish to give the Plaintiff
1001. damages, but—
The Counsel on both sides having consulted to-
gether, it was agreed that a .nominal verdict should
Ibe taken for One Shilling, rihich was recorded.

Friday, between nine and ten o'clock at night, a
boy, named William Thompson, was stopped on the
Waterloo-bridge road, leading from Stamford-street,
by iwo men, one of whom struck him a violent blow
on the head, and held his hand over his month, while
the other took a balf-crown piece from him, which
was all the money he had about him.—One of the
fellows said, " D— him, let's kill him ;" the other
sa,id ••••••••••• him, throw him halo the ditch," and,
after beating him till be was totally bereft of his
senses, .they threw him into the garden of Mr. Bick-
erton, Overseer of Lambeth. About two hours after,
a person passing heard a groaning, and having pro-
cored, light. discovered the boy (who is only ten
:years of age) in the state described. ,ne *l4. con-
veyed by the Overseer's orders to hia.friends.
morning, between two and three o'clock,
as Thomas Platt was passing along George-street,
Vete .Dyott.street), St. Giles's, he was headed near
the Mnajdeoheed public-house by e peg robbers,and
knocked down. They then dragged him into a coffee.
iliop.aeat door, and laid him in -the passage, where
they commuted kicking and beating him in a most
dreadful manner. He called " Murder," several
times, but pisattentine was paid to his cries, and the
!Mains succeeded in cutting out his mnall-clothes
pocket, containing 31. 51. in notes and silver; they
then beat him . again, and ran away. Mr. Platt
apnea the nearest-w4khasau,to whom he related his
lett, and they proceeded back to the coffee-shop,
which was felt of mean, and women. Here Mr. P.
pointed ee't twelpeetiensi of those .that attacked him,
. and they were lested inSt. Giles's watch-bosses • •

itittOti "asks**. Dolleum, a respectable builder,
o. Upper Xing's-street, Uloetatbaryi
Aired before Mr. Alderman Puame,-to atusweethe
complaint of
,Mt. I.Lbtpaw, en ettpraey is Dothan'
o-a ‘•
commons.- • • • •' • •
!Mr. Latgew depoledribet on Filday evening last,
,he went to spend** few _hoots at the Satritition ."ra••
vent, io lifewgate-street, and as 'mimes pasting by
the her of the, bobse, Mr. Dollavart rushed bat, and
selaiog him 'by the coffer demanded sixpence of him.
Be replied, that he dit not oblerstaed - him; he Aid
not ewe him sixpence, dog Wise a sixpence to tite
bins. Mr. Dollman, however, wobid dot lOPseltioki
but with many oaths .and inagteeationa, atilt !per-
sisted.itt his demand, ,at tbp swap type dragging
along the passage into the parklike. . W ten theca;
Complainantaeized the poker to defend himself withi,t,
and being unwilling to disturb the company, whiclP
was very respectable, attenyed to retire, but Was;
prevented ify •Mr. Dorfman toptineiikibg him by the
skirts of his coat, and dragging him backwards into
the room. He madet -second attempt to leave tie
house, and Defendant followed hint, repeating bit i
abuse ; he offered hini a shilling several times but he
would not take it. 'At length he forced him iota the
shop of Mr. Parry, the-tobacconist, were he got a
sixpence and gave to him, and he then suffered him te '
depart.
Mr. Dollman in defence said, that Mr. Large* was
a man of very irritable temper, and had ha the re-'
lotion of this terrible-affair gone far beyond the truth.
The fact was, that on a preeedindevening,. he had
joined with himself and two others in a robber
.at
whist, and Mr. Latgow refused to pay his !risings,
the sixpence in question. Ins consequence he said he
would ask him for it,
,whenever he met him,• and
accordingly he had done so, but so far from seizing
and dragging him, he had made the Application in a
pleasant and jesting manner: Mr. Latgow. how. I
ever, scarcely gave him time to open his mouth be.
fore he exclaimed " keep out of my . way you
leeoundrel." lie admitted Mr. L. had offered him a
shilling, but he did not take it because lie had no
Claim to more than stapence.
This accoont was corroborated by the. whole of
the company.
The M,sGisvttsve. told Mr. Latgow, that the whole
I.of the e.illetice was against him, and recommended
him to retire with his antagonist, and he reconciled,
bet he was inesorable, and the complaint being final-
ly dismissed, he• said he would ihstatiily' go before
the Grand Jury and Indiceibe ljefentlint.
VATAL iMEL.
How-svnErT.—Yesterttay interning, between eight
end trine o'clock, Mr. Theodoire O'Callaghan, and
Lieut. Bailey, of the sSth -Regiment, Met in a field
near Chalk-farm, to fight a dueli accompanied by
Mr. Charles Newholt and Mr. 'ninnies Joseph
Phealan, as seconds. Lieut. Bliley received•e wound
in his right side, which proved fatal, as he languish-
ed of it for ahoy( two hours, sod- then expired.
Mr. 0120.1aghan end the two secoiidi were after-
wards taken into custody and brought to the Office,
and underwent an examination before Mr. Cc/KANT,
• the Sitting Magistrate, when the followinfi particuka
Itranspired:—
Thomas Hunt, a constable of Hampstead, stated,
that he was sent for to Mr. Adams's house near
Chalk-farm, in Ingram's-lane, near the Loatroffliy,
where he-took the Prisoners into custody, in collie-.
gamice of a Gentleman having been killed in 'a duel.',
Mr. Adams, who occupies the house above Owlet!
to, attended, and stated, that about nine O'clock
that morning he was in his bed-room, in the act of
dressing himself, when he heard the discharge of two
pistols, which induced him to look out of his win-
dow : he saw (oar Gentlemen two fields off his house,
near Chalk.ferm, whom he censidered in the act of
fighting a duel; as they did not sephrate or disperse,
he was fearful they wouldtre solar 'he, therefore,
finished dressing himself with ell possible speed, and
hurried off to the spot to endeavour to prevent thel
shots being repeated. Just as he arrived at the gateli
awl was in the act of getti'z over It, 'two pistol,
went off: he observed one of the Gebtlemen, wise
appeared to him to have discha reed one b(the pistols,
to turn round, and concluded he had Yeceived'one of
the shots. The other three Gentlemen,' tke:Priseners,
went up to him instantly, two of tlfrettOihitpported
him on each side, to prevent him frnetnlilling ; each
of them held an arm. On witness's genial{ up-to them,
one of them said to him they were. all 'Mends. He
saw blood running down the trowsers of .thedeeeased
profusely. The three Prisoners gave hi' their
names and addresses. He did not see a pistol in the•
possession of the deceased or any of the Prisoners.—.
lie invited the Prisoners to conduct the 'deceased to
his house, which they accordingly 'lid. He did noif
observe any other person in the field where the par.
ties were, or near the spot. He obSeried to the'
parties that it was au tosflrtunate affair; they all
agreed that it was so. They enquired of him'if there.
was a house ness for the Prisueers to: enrolutt the'de?
ceased to, as they were fearful of putting -him to in.
convenience; however, theie being no pithricAiidie
near, they supported him to his house, which" wasahout
4or 500 year& off. The deceased eppoired to him
to be in a dangerous state, and blood Rai running
net of 'his trowsers very fast : a surgeon was sent,
for with all possible speed.- The deceased was laid
on a sofa in his parlour, and while he was lying
there he desired Mr. 'Theodore O'Callaghan tit come
to him, and held out his hand to shake Vends iitl(
him, and said belted behaved most hottonrably. The
deceased had observed that be was sensible thief he
was dying and could not live long. Att4r7this
called the other two Prisoners to! his, Shod* Vail di
with them, and mede similar obtereatiotiti WOO:
and said he forgave them all.- Mr. O'Catiarien'attr
this went off to Hampstead to get a coach 'tkctlit'vey
him from his house ;trot in the mean tirrie Mr. Redd,
a surgeon, .of Hampstead, arrived in about halt an'
hour from the time of the fatal shot t Mr. Rudd,
after having examined the wound, gild it was impna-
kible to remove him. The' shot had entered ab big
right side, passed thrive's• his intestines, and all Nit
cam. through on the left side, it only being confined
by the skin ; it was visible to the eye. The slat bid
carried with it a piece cif the cloth Of Itis-teitsaiid
'other garments. The deceased had observed-10'MM;
thatthe (mare! which had•been the cause of theduell
was not originally a (foveae! of their own, hut to
'sprung out of a geared of their alittiolleithttlo,
4.J i)l4. Ll •