The Statesman.
London, England, 1823-10-25 00:00:00

DOURT OF 'KING'S BENClV.—fitouthakt., OCT. 24.
7-4(41P4.—.--
' ratneeox V. Regalia.
This was an action by aflikturaey. fur words of slander,
by whip& the defeedent had thiptited tb him the crime ta
perjnry. ,
Mr. Scanarrr, foe the plaintiff. said that his client came'
before the ',lacy for the vindication of ibis character from a
Most feat and grouadless calumny. The defendant, Mr.
btuasell, hadindlie plaintiff's-own office, and io the presence
of his partner, his clerks, and tethers, repeatedly accused
hint °larder); in swearing an affidatit a debt which he
never .swore. and which • alfiilevit was in fact true. Mr.
Fox, the partrieraif Mr. Prideaax, afterwards wrote *to Mc..
littesell, in •vivii.ternisi to reqnest an apology, which Would;
bare prevented all -litigation, hot no answer hat been
rrtnrned to the' letter, and the defendant persisted in threat-
cuing to prove t..e truth-of his assertions. Under these
eircuemeanees, Air. Prideaux was compelled to bring his
ease before the jury, and to seek at their hands such dam•
ages as ivredil manifest their opinion that no suspicioo
Lai br. u thrown on Ids character.
The Lento Cuter dowries suggested, that perhaps even .
tow an ApSiejty Might be accepted.
TheNottmon bERGIANT, for the defendant, said that he
wee smite ready to admit that the charge bad been- node
undera mistake; abed, indeed, this was quite evident frost
the circumstance that the affidavit refemid to was made */
another; posis.
Mr. SCARIATT, With some Iritteth, observed %hat tisk
wits 'throwing cent an imputetfin !admit person: the al&
davit was sworn by Mr. Fox, the gientleman before hint,
ired4te waetittite ready to answer for its troth.
Mr. tAsetatost S.IIIIIORANT disclaimed all design of oasts,
ing an imputation on anyone* and said he merely alluded
to the circumstance stated, to 'how that his client WWI is
error.
Mr. SCAR refistied the offer tof apology, as coming toe
lam. . .;••
Mr. J 'Fox. the partner ef Mr. Prldeldtx; Was
then exam( sid-sailf that on the 20th of January hittt,
there was a eiretleg at his office betiveco the defeadentind
bietself, to settle an action brought by Mr. Prideauxegainst
%Sir. Harrison, on a bill accepted by him torah* accomoto
daeion of Mr. Russell. An account of the debt and-costs
was made oat; and Mr. Russell not hating spite money
enough to satisfy it, sent for his attorney. Sir. Oriee ;
when Mr. tirace arrived, Mr, Rowell said—" Mr. Pridemix
is perpired, and I'll tell him so to his face whenever 1 meet
him.' Ile remained for half an home repeating the charge,
that Mr. Pride aux bad committed perjury ill the affidavit
by which Mr: Harrison hid been arrested:and threatening
to indict him fur perjury. •1 be affidavit was, is feet.
sworn; not by Mr. Prideaue, .but by the witness. The
plaintiff was then in Devonshire; but en his • rear*. a
1-itir was seat to the defendant requesting an apology for
IN slanders. . •
Notice having been given to produce the letter, and the
original not being produced,* copy was read. It Wafted
Mrjtessell that Mr.,Frideanx could. mot allow the charge
openly unite-against him t • pass unnoticed, and therefore
he required an ample apology, which might remote any
itaPerbekti made out those who beard its Ifstated, that if
this was not done, Mr. - Pridranx most effort to a Court Of
Justine for the wiadication of his character, and bid tithed
a • tit .agenst the defetidant;'hot as be had no *isle to
gtre:friee unnecessary annoyance, would thank him fur the
ri.me of lis attorney who :night file common hail. To
this lotto there was a, answer ; hut Mr. Vol afterwards-
sae, Ur. Russell, who add that Mr. Orate should defend
.. the action, ma he meant to justify his assertions.
. tbacs.easexuniin 'tient. Mr. Vex said that a client of Mr.
Prideaux's had sued Mr. Itossell, and bad *Amax cogs
novit, rod that Mr. Prideaux bad lent Mr..llaisell al.; tin
Isis depesiting three bills oleic as a eoltaterat 'emeriti.
Do one of theta/ bills M r.. , the acne terra bed been
fe
arrested. and Mr. Raise 1, tri the 'office, ente#liined MIA
of 'the isardship• of tills . measure, and made- the blistge of
perjury in • refetence to this . transaction. The witless
never explained to Mr. Russell that the allidatit if GU
was made by himself, mid not by hie partner. :• .. ''; '
Mr. Coupon
.licatiaater, is addressing the Ibi tthe
defendant, complained' of the mane* in *Mob his 'Ali of
apology had been received, •bat eztteased his' cioldeace
that-his client would not sear by. renal 'Undoabt-
edly be had been warm and le error when he nied the sena'
perjure'. for, technically, Die."-Pridasat had; is right io
arreiehfr. 'Harrison ; but it Ores sot unnatural for a Man
in the situation of Mr. Rusidl, to feel sorrow and resent-
Ocnt,wLen such a measure was adopted against his friend.
IT Mr. ox had explained to Mr. Meson his mistake-4f
he bad said manfully, .. I, and not Hr. Prideatix, made, the
affidavit, and I am ready to 0/ewer goy thing you usay-say
respecting. it," the whale Inischietwoold have been 're-
vealed. 'f be letter seemed to take credit to the Writer for
not arresting the defendant for slander, which the pleb:4lff
well koew he had no power to do by law. On the-Whole,
therefore, he trusted that the my would think the ,
attorney, who had scarcely calculate for a verdict on the :
mistake which be would not explain, sufficiently compeer
sated by a verdict for I farthing.
The lamp CHIN, JUSTICi observed, that the charge
msde agsinst the plaintiff was of a very gr .ve and serious
nature, and it was entirely nithout • fouodation. Even if
lie had sworn the affidavit, there would have been no im-
putation on Irina, for lie had a right to arrest Mr. Harrison,
and it would he difficult to show the advantage of having a
bill es a security, if the holder Were not at liberty to
compel payment from the wiles liable upon it. He did
not think Mr. Fox's letter implied a forbearance to arrest,
hen merely a with to avoid annoying thedefendant hy'per-
sonal service of protege. It thelirst opening for an apology
bad been improved, and afterwards an action brought,
perhaps a very small compensation might have 'satisfied
the justice of the case ; but, sake the plaintiff had been •
compelled to come into Court.. lid ought not in such a cue
tit leave it %id) merely nominal cam:ages. -
The .1 ery, however, almoscienmediately returned a verdict
for the Plaintiff—Darnages, one farthing (which will • not
emit'e him to costs) ; and one of the jurymen said, "If
• Mr. Fox ha a poser:Abed emersion honesty. be would have
seijlained"that he made the •aillilavic :" but the l'eard Chief
, .I"stice,_ by a look, checked kim from. proceeding ia
.tisk
f..
itii g tki e course of olnervatioat. . • . ~.N • : 4* •
~„Nr.. Wat.saw.r,aqueated thu .anethea pity might be
. slatted,ieoe,a4l 01.54 at Eahich li.ul decided the last cause,
grhiik was Accordingly done. , .
~...., , • . .
111/DDLEst:X. StiSsitalKS, 'ilallSA T.'
-.1111110.g--
bit. William Morgan, a
youngentleman of respectabi-
lity appealed against so order of affiliatios made by the
Lambeth-street Polies Magistrates on the evident. of
, Startle' Mann.
' Martha Mann• was called, and stated that oho was
delivered of a male child on she 31st of alerch last ; .and
iat At r.,Morgan was the father. - . • .
. It appeared that there were two bearings, and these were
put in on the pet of the Nrpellant-.-a statement drawn up
by the girl's father, at her-desire,. and her depositions
before the Magistrates. . - •'•
;.' The Clietran.ser observed dial there watiatenateriel Tao
'stiarice betwee.n the. film documents. .i ,
t Mr' AvP4vaus, for the appellant, offered to prove that
lifkiryoiserg gendensan regtalarly spent .esfery eveniste at a
mOktable hod*, daring an interval, when it was alleged
by rhall6l *aad-rother witnesses, that he visited • ber fre-
tr. • •tie should also prove, that there was a person in
' wigithetithood,so like Mr. Morgan, as to be easily
Vhb
-.
. uelvjelizeialsc. .;.suggested to itir. Alley, that tin girl must
have bye* mistaken.
Mr. Attav yielded to the suggestion,,and allowed the
ceder to be quashed.
John 7'remuse, a pensioner of Greenwich -Hospital,
between 50 and 61) years of aim upwards of six feet high,.

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