[List-Cumbria] Carlisle Patriot, 15 Feb 1823 - Court of King's Bench - The King v. ADDISON (3)

[Petra Mitchinson]

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

 

COURT OF KING'S BENCH, FEB. 6. 

  

THE KING v. ADDISON. 

 

[continued] 

 

The next day, the Rev. James LYNN called upon Mr. A. and settled the account on behalf of the Captain, but made no remark on the
correspondence which had passed. After this, Captain BACKHOUSE passed Mr. ADDISON without speaking; a circumstance which gave the
defendant uneasiness, as he inferred that the Captain meant to impute to him, either that he was "a base, cowardly incendiary, and a
liar," or associated with persons of that description, and, as such, refused communication. Wishing to wipe off all stigma, Mr.
ADDISON, in Nov. 1819, called upon Mr. Wm. BLAMIRE, of Thackwoodnook, in the same neighbourhood, an intimate friend of the
Captain's, produced the correspondence on both sides, and requested Mr. B.'s good offices, that an explanation and reconciliation
might take place, expressing also a willingness to leave the arrangement in the hands of any two friends. Mr. BLAMIRE said he should
be very glad to make the proposal, and promised to call upon the defendant, the first time he went to Caldbeck, and let him know the
result. About Christmas, that gentleman called according to his promise. He said he had spoken to Captain BACKHOUSE, who refused
compliance with the proposed mode of accommodation, without suggesting any other; on which Mr. ADDISON expressed his regret that he
had given Mr. BLAMIRE so much fruitless trouble, and observed that he (Mr. A.) and the Captain must each take his own way. Mr.
BLAMIRE then desired defendant not to be precipitate; he added that he would speak to Mr. LYNN on the subject, and Mr. BLAMIRE took
leave. Mr. ADDISON, to the best of his recollection, did not again see this gentleman for three or four months, when he met him at
Penrith. He there informed the defendant that he was coming to Caldbeck, and would call upon him, as Capt. BACKHOUSE had two or
three questions to put. Mr. ADDISON said he was willing to answer any questions that might be asked him; but neither ever called.
For several years past, and while this unpleasant difference existed, Captain BACKHOUSE used frequently to go through Mr. ADDISON's
inclosed grounds, where there was neither public nor private footway, and where he had no manner of right, to a water-fall called
the Howk*, taking with him members of his family and visitors, especially on Sundays, after the morning service, generally while Mr.
ADDISON and family were at dinner, without asking leave, or having permission: the entrance to this ground was even through Mr. A.'s
fold, or yard, and close by his dwelling-house; a circumstance which could not be very pleasing, all things considered. On or about
the 22nd of October last, the defendant was informed, and had every reason to believe the information correct, that Captain
BACKHOUSE had made a complaint to the licensing magistrates for the ward, at Cockbridge, in the preceding month, that Richard
EMMERSON, innkeeper, and tenant of Mr. ADDISON's, had encouraged the pupils of the Rev. Mr. PATTINSON (who keeps a school in the
village) to tipple in his house: he had also been informed, on equally good authority, that Capt. BACKHOUSE had previously made a
similar complaint against the same person; but as no evidence was adduced, the licence was renewed as usual; and from subsequent
inquiries made of Mr. PATTINSON and others, the defendant verily believes that no foundation for the complaint existed. So far in
respect to feeling; what wonder, then, that irritation existed, and that matters should afterwards assume a more decided character?
On the 27th of October last, the Captain, accompanied by one of his daughters, and a lady and gentleman from Essex, returned from
the Howk through the defendant's grounds and fold or yard, close past his dwelling-house. Offended at this new liberty-calling to
mind all that had passed between them-remembering (how could he forget?) that the Captain had imputed to him the capacity and
character of falsely charging a person with fraud, and insinuated in terms, hardly to be misunderstood, that he was a base cowardly
incendiary and a liar, or, at least, that such were his chosen and approved associates-reflecting, too, upon the fact, that he had
long refused coming to an explanation, had attempted to injure him, and had shewn a disposition to insult by going through his
grounds, and taking others there, before his face as it were-Mr. ADDISON could not help thinking he had too "long and too tamely
submitted to such continued insults and injuries," as his affidavit expressed, and in the irritation of the moment wrote the note
which Capt. BACKHOUSE had laid before the Court (see notice attached to Capt. B.'s application to the Court), and sent it on the
following morning, the 28th of October, by Richard GRAHAM, the son of a respectable yeoman of the neighbourhood, and Mr. A.'s
confidential clerk (though called by Capt. BACKHOUSE a common day-labourer): he at the same time wrote the annexed note to Mr.
VECHEL, the gentleman who accompanied Capt. BACKHOUSE through the grounds:- 

 

                                                                                                         "Caldbeck, Oct. 28, 1822. 

SIR,-I have been informed that, in company with Capt. BACKHOUSE, you were yesterday at the Howk; and if my information is correct, I
must beg leave to acquaint you, that in going there you committed a trespass. If my information is not correct, I beg pardon for
taking this liberty. It is not my wish to refuse any gentleman or his friends seeing the place, except when taken there without
leave by those who, I am certain, would visit such conduct in me with the utmost severity, if he had opportunity. I hope you will
not consider my opposition to your going there as an affront offered to you, but an opposition to the ungentlemanly conduct of the
man who took you there. I am, very respectfully, sir, your obedient servant, 

 

                                                                                                 "RICHARD ADDISON." 

To -- VECHEL, Esq." 

 

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* A natural curiosity near Caldbeck, where a mountain-stream has worked its way, in a very remarkable manner, through a lage [sic]
rock, and forms a cataract of great strength and beauty. We have before spoken of it in this paper.-ED. 

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[to be continued] 

 

 

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