The Statesman.
London, England, 1823-02-12 00:00:00

emus', and perhaps before the ease comes on joys will be
able to find some preeedenti to refer to.
GAMING.

COURT OF KINDS BENCH.—Traspas.

CRIM;NAL ISPORMATION.
RIR HUDSON LORI Sy. MR. o'steana.
The SOLICITOR (UNRRA L.—l rise, my Lord, to move
for a tu'e to show -cause why a criminal information
ehould not be filed against a person of the name of
Barry O'Meara. I move at the suit of Sir Hudson
Lowe, a Major General in the army, and formerly
(;avel-nor of St. Helena, upon whose character certain
Jihels have been published in a book, entitled A Voicel
from St. Helena, written by Mr. O'Meara. On the
departure of Bonaparte from this &tante!, Mr. O'Meara
was appointed his surgeon, Rail accompanied him to St.
Helena. where be continued for two years.
The Loan Cum./US-OM—Mien did this publication
flat rune ont ?
The SoLictroe Grarreat —lt first came not during
the last summer, hut there has been a late edition.
Mr. Justice BATLZIN—Do you move then on some-
thing sew which appeared in the late edition ?
Mr. SOLICITOR Unerettah.—No, my Lord ; bat your
Lordship must be aware that it sometimes happens, a
party may feel aggrieved at the publication of • work,
but still abstain from a prim-ration, in the hope that it
may remain unnoticed ; but if there.be a constant repeti•
tion of the offence; then it may become necessary to
seek redress. Mr. O'Meara was appointed surgeon to
Bonaparte, on the express stipulation that he should
maintain the character of a British officer—that be
should remain in his Majesty's service, and receive his
pay from the Eaglish Government, and not from Bona-
parte. However, it was during this time that he sac
collecting the tneterisls for his libel ; and in consequence
of Sir Hudson Lowe having discovered that be was in-
stramental in forwarding communications to certain
persons in Europe, be was dismissed from his situation.
On his return house, he pteferred charges against
Sir Hudson Lowe, which were submitted to the
consideration of the Admiralty, and the result
was, that he was dismissed from the service.
professedly and distinctly upon the statement he
bad made of his own conduct. Sir Hudson Lowe has
reason to believe, that in consequence of his dismissal,
he has given a false colouring to his conduct, daring
the time he held his very difficult and arduous situation,
and he complains that the guatet part of the book con-
tains—not direct charges, but insinuations of such a
character as not to be misunderstood. Most of these
insinuations have been pot into the mouths of Buona-
parte and other persons, all of whom were dead at the
time of the publication of the book. In various conver-
sations abeut Montholon, and Las Cases, he has made
Sir Beason Lowe express himself in tha coarsest tetrns
of their conduct. He is not conscious of even having
spoken in such a manner ; but to show the want of faith
on the part of O'Meara, there are, in the affidavits upon
which this motion is founded, letters from him to Sir
T. Reed and others, in which he describes Montholon as
a " barefaced hypocrite—a notorious liar, who had re.
sorted to every species of malice," and advised the Bri.
till, offieca to be en their guard against bite. Las Casts,
'too, whom, far the purpose of this joutnal, lie ele.
vates, he familiarly denominates a Jesuit, and speaks
of him in the most .distespectfel manner. •• But that
of which Sir Hudson Lowe most complains, is an intl.
naation almost amounting to a direct charge that he was
rietirous of shortening. the life of Bonaparte. He
should point out the psssage, which conveyed the se-
rions imputatioa of yi hicversh hione comthat haplained. In rem-.
senting a suppnsed ensiivrl taken place
"hem een himself and Napoleon, lie makes him state that
during the short interview be bad ball with Sir Neilson
olatiere. he peopled to seud him (o'aleart) ae-ay, and to
...osisititate another surgeon in his steads and be con-
.,•eludes the conversation by making lioiaierte,say, "I
sever saw such a horrid eountetanca,ls wad impossible
to doubt that the object of that pessige was to insinuate
that he (O'Meara) was to be retueveakfor the purpose of
accomplishing the object to which bid'
alluded —e
Sir H. Lowe perfectly well recollectre the conversation
which has eh en site to this statement; it was upon
th occasion when Bonaarte Wasa' a• very bad stale
ofe health, and .he proposed thati Mr. Baxter, noir
Dr. Baxter, should be called in to assist Mr. O'Meara
in his attendance. The next "passage • to which
Sir Hudson Lows objected ..was a conversstion
between Bertrand, and Major Gorreqner, in which
Bertrand is represented to have said " that the
Governor's proceedingsare involved in so much obscurity
and mystery, that some of the officers of the 53d regi•
meat coucileing that there might be criminal intentions
in view, had signified to them net be afraid, for that in
she fill regiment there were neither • ins, nor eve-
eutioners to he found." Now this officer was dead
before Mr. -Wiese:a had the audacity to publish this
hook •, but t am sure, that it is quite impossible that a
British officer, whatever might be his feelings or his
sentiments, could suffer such language in his presence.
Again, he makes Bonaparte say, that " Sir Hudson
Lowe, like Cain, had a !nark set upon him, and hail
he been pointed out to him in the streets of London, and
his opinion' being asked who he was. he should have
said he was the hangman of the principality."
Mr. Jestier BATIAT.- Do you state by whom the book
was published?
The Seateerne fiancee h.—We do, my Lord.
Mr. Justice liavhae.—What means have you of know-
leg that ?
The SOLICITOR GeN2Rat.—We have made all the
• necessary inq '' a, and we bave ascertained that
O'Meara is the author.
Mr. Justice HEST.-IVhen was that copy published
which you hold in year hand ?
The SOLICITOR IiCNERAL.—About a week ago, my
Lard, and at that time we ascertained that O'Meara was
the author.
Mr. Justice BRST.—Does your affidavit state that you
did not know it before theft?
The SOLICITOR GENERAL—Sir Hudson Lowe had the
ordinary knowledge of leis hieing the author, which is
common to every one; but it was only then it was ascer-
tained that O'Meara had authorised the publication of
the last edition.
The LORD CHIEF JUSTICE.—Our only difficulty is
with respect to the lateness of the application. I take
it 'hat it is a settled rule that von must apply for a cri-
minal information in the first term after the putilieation„
or at least 50 early in the second, as •to allow enfficiens
time to chew cause before the third term why the rale
should not be mole absolute. That certainly is the rule
in all inform itions against elegistrates, and I am not
prepared to say at this moment, that the same rule does
not extend to all other persons, but tardiness always
operates as an objection.
The SaLICITOM tittNERAI..—My Lord, it sometimes
happens that a party relying upon their own character,
and lupin retie offence mty not be repeated, do not
vish to collie into a Court of Justice until they are
driven to it. '
Mr. C. Pet aurs.—Nly Lord, 1 can state from my own
knowledge, that three different Grand Juries have sat
since the last publication.
The LORD CHIRP JUSTICE.—Mr. Phillips, do you ap•
pear to show cause?
Mr. Pio lad rs.—No, my Lord, but I mention the cir•
coo-it:ince for your Lot diship's information.
The SoLictToit IittNSRAL —Sir. H. Lowe had intro-
duced into his affidavit many circumstances to falsify II
O'Meara's statements.
Tn.. Cower moot forget the very difficult and delicate
titual in which Sir Hodson Lowe had to fill, the ditties
of which no man could have discharged with more umo
derationeforbearance, and discretion -• I -
The LORD Cider Josocs.--Taka Ault tee UMW,

Southampton,
Wilts,
Dorset,
Devon,
Cornwall,
Somerset,

, ;

:.. ~

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TIM WINO, V. O. R. ROOM /XD W. C. ammartv.
These defendant, were brought up to receive the judg-
ment of the Court, having been convicted at the last
Middlesex Sittings of keeping a common gaming
house. at No. 32, Pall Mall, aid playing at the game of
Rouge et Aoir.
Mr. Cunwoon moved an objection in arrest of judg-
ment, but it was overruled by the Court.
Affidavits were pat in on both sides,in mitigation and
aggravation of punishment.
Mr. CURWOOD spoke is mitigation.
Mr. C. PHILLIPS, in an eloquent appeal to the Court,
spoke in aggravation.
It being suggested to the Court that three other
defendants, named OLDPIELD, PHILLIPS and Catguts,.
convicted of a similar offence, were in attendance to
receive judgment.
The COURT ordered the five defendants to be commit•
ted to the custody of the Meehan, and be brought up
again to-morrow morning, and they were committed
accordingly.

THE KING V. FROST.
This defendant having been convicted of publishing
two libels upon Mr. Protheroe, en Attorney of Mon-
mouth, was brought up and the Court, under all'the
circumstances of the case, sentenced hint to six months'
imprisonment in Coldbatb Fields House of Correction,
and to find sureties for his good behaviour for five
years.
STRIKING ATTORNST OPESTIIi ROLL.
00 the motion of Mr. PEARSON, and bearing Mr.
Gammas on the other side
The Court ordered Mr:Jackson, an Attorney of this
Court, to be struck off the Roll,pursuant to the Statute, for
allowing en unqualified person, named Wood, to act in
his name as an Attorney, and ordered Wood to be im-
prisoned for one month in the King's Bench prima, tur
his misdemeanour.
CRIMINAL Wm:mantra.
Mr. C. F. WILLIAMS moved for a er' ' al information
against two parish officers, for comi,elling two paupers to
contract marriage, and thereby impose a burtheo on a
neighbouring parish; but
The Court thought the better course was to proceed by
indictment, and therefore refused the Rule.

MCC ITS.—NII GLAND.
Before Lord Chief Justice DALLI. 3. and M r.Justice PARX
Northamptonshire, Saturday, March 1, Northampton.
Rutland, Friday 7. Oakhate.
Lincolnshire, Saturday, 8, Lincoln.
City of Lincolo, Same day, Ditto.
Nottinghamshire. • Monday, 17, Nottingham.
Town of Nottingbdin, Ditto, Ditto.
Derbyshire, Saturday, 22, Derby.
Leicestershire, Monday, 31, Leicester.
Coventry, Saturday. April 5, Coventry.
Warwickshire, Same day. Warwick.
1 WEstERN.
Monday, March 3, Winchester.
Saturday 8, New Sarum.
Thursday, IS, Dorchester.
Monday, 17, Ezeter.
Monday, 24, Launceston.
Saturday, 29, Taunton.
OXFORD.
Before Mr. Justice HEST, and Sir Joan Ric
di
Berkshire, Monday. Marco 3, Reading.
Oxfordshire, Wednesday, 5, Oxford.
Worcestershire, Saturday, S, Worcester.
Staffordshire, Thursday, 13, Stafford.
Shropshire. Wednesday, 19. Shrewsbury.
Herefordshire, Monday, 24, Hereford.
Idonmnathshire, Saturday, 29, Monmouth.
Gloucestershire, Wednesday. April 2, Uloacester.