[List-Cumbria] Carlisle Patriot, 15 Feb 1823 - Court of King's Bench - The King v. ADDISON (1)

[Petra Mitchinson]

Saturday 15 Feb 1823   (p. 3, col. 1-4)

 

COURT OF KING'S BENCH, FEB. 6. 

  

THE KING v. ADDISON. 

 

Mr. SCARLETT shewed cause against the Rule obtained by Mr. BROUGHAM last term, for a criminal information against the Defendant, who
resides at Caldbeck, in the County of Cumberland, for sending a letter to Captain BACKHOUSE, of the same place, designating him, as
Mr. BROUGHAM alleged, "a cowardly incendiary, and no gentleman." 

 

In his affidavit in support of the application for a criminal information, Capt. BACKHOUSE deposed, in substance, that he was
formerly a Captain in the 85th regt. of infantry, in which he served upwards of seven years, particularly in the campaigns in
Holland in the years 1794, 1795, and 1799, where he was actively engaged with his regiment in every action against the enemy, and
conducted himself to the satisfaction of his commanding officers, and honourably to himself as an officer and gentleman. That in
1801, his Royal Highness the Commander-in-Chief, in consequence of a communication made to his Secretary, Col. BROWNRIGG, by
deponent and seven of his brother officers, relative to the conduct of Col. ROSS, while the said regiment was in Holland in 1799,
was pleased to order that Capt. B. and his brother officers should become public prosecutors of their superior; but, owing to some
unforeseen causes, occasioned by the length of time which had elapsed, they failed in establishing the whole of the charges, and
were dismissed from the service, without being allowed to dispose of their commissions. That he afterwards served as a Captain in
the East Kent Militia, from 1803 to 1811, but was obliged to retire from it on account of ill-health, and from that time had resided
with his wife and family upon his estate at Caldbeck, in the county of Cumberland. That on the 27th October, 1822, he, accompanied
by his daughter, and a lady and gentleman from Essex, went to see a water-fall, in the neighbourhood of Caldbeck, resorted to by
strangers, to which there is a public path; that on their return, in consequence of the difficulty of the road, they deviated into a
pathway "belonging to Richard ADDISON, tea-dealer, in the village of Caldbeck aforesaid. And this deponent further saith, that in
the morning of the 28th Oct. last, he received by the hands of a day-labourer, in the employ of the said Richard ADDISON, the paper
writing, or notice, hereunto annexed, and marked with the letter (A.), and which is in the hand-writing of the said Richard ADDISON,
and was unsealed and open to inspection, and might be read by the bearer of it, who is able to write and read, and that the contents
of such notice, as deponent has reason to believe, are generally known in his immediate neighbourhood. And this deponent further
saith of this wanton and unprovoked insult, he has been advised, by his military friends and others, to whom he applied in
succession for their assistance and advice, to make application to this honourable Court, as the only legal tribunal, competent to
afford him ample reparation." Capt. B. then goes on to say, that in order to explain the term "cowardly incendiary," used by Mr.
ADDISON, it is necessary to state, that upwards of four years ago, Mr. A. accused him of having instigated the Bridge Surveyor of
the county of Cumberland, to make an inefficient wall, which the surveyor was then erecting at the public expence for Mr. A., on
which occasion Mr. ADDISON averted that he had been informed by a person in the neighbourhood of Caldbeck, that deponent had used
such influence. In consequence, deponent, accompanied by the Rector of the parish and the Bridge Surveyor, waited upon Mr. ADDISON,
and all pledged their honour, that so far from any such influence having been used, deponent recommended the work to be done in a
substantial manner, yet Mr. A. refused to name the person who had given him the information. And a few days after, when deponent
thought the imputation had been satisfactorily refuted, he received a letter from Mr. ADDISON, insinuating his belief of such undue
interference, to which letter deponent replied that "such a charge was grossly false and unfounded, and that whoever had reported
the same to him, was a cowardly incendiary, without in any degree intending to convey that the said Richard ADDISON was the author
and promulgator of such scandal. And deponent further saith, that since the period last mentioned, he hath had no communication
whatever with the said Rich. ADDISON, except on trifling parochial matters, nor has he directly or indirectly at any time done any
act, or made use of any expression, to justify the insult recently offered to this deponent by the said Richard ADDISON." Sworn at
Carlisle, Nov. 22, 1822. 

 

Attached are the affidavits of Sir T. BECKWITH, Wm. DOUGLAS, of Greencroft, county of Dumfries, Esq., N. A. MEIN, and Wm. MEIN, of
Crookholme, Esquires, in the same county, and Major CAMPBELL, of Richardby, near Carlisle, to the effect that they had long known
Capt. BACKHOUSE, and never heard any thing affecting his honour as a soldier or a gentleman. Also an affidavit by Joseph TRAVERS,
barrack-master at Portsmouth, who had witnessed Capt. B.'s conduct in action in Holland, and speaks of his gallantry as conspicuous.


 

Document referred to by letter (A.)- 

 

"To Thomas BACKHOUSE, of Caldbeck, in the parish of Caldbeck, in the county of Cumberland, Gentleman. 

 

"Take Notice, that if at any time after the date hereof, either by yourself, your family, or your friends, you come at, over, or
upon, any of the Lands in my occupation, you will be considered as a wilful trespasser, and I shall sue you accordingly. Witness my
hand, this 28th day of October, 1822, RICHARD ADDISON." 

 

"If I had committed the same impudent trespass upon you, that you have frequently done upon me, I know how I should have been
treated. But as it is said that extremes meet, I must attribute your conduct to your extreme modesty; the same sort of modesty, I
suppose, that has obtained for you such distinction in other places. As it appears to me that your conduct was intended as an insult
to me, it is a pity you should be disappointed; I therefore beg leave to tell you, in your own words, that you are a cowardly
incendiary, and by no means a gentleman.                     R. A." 

 

On these documents, elaborated by Mr. BROUGHAM, the Court of King's Bench granted a rule to shew cause why a criminal information
should not be filed. 

 

 

[to be continued] 

 

 

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