[List-Cumbria] Carlisle Patriot, 15 Feb 1823 - Court of King's Bench - The King v. ADDISON (4)

[Petra Mitchinson]

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

 

COURT OF KING'S BENCH, FEB. 6. 

  

THE KING v. ADDISON. 

 

[continued] 

 

About eleven o'clock of the same day, Mr. VECHEL called upon defendant, and, after a short conversation, took notice of the word
"ungentlemanly." Mr. ADDISON at once assured Mr. V. that he neither objected to his going through the grounds, nor applied the word
complained of to him; but that it was Capt. BACKHOUSE's conduct which he considered ungentlemanly. They then parted. About two
o'clock in the afternoon, Mr. VECHEL again called, bringing with him the notice and note sent to Captain BACKHOUSE; and pointing to
the words, "cowardly incendiary and by no means a gentleman," wished to know why they were used? Mr. ADDISON replied, "Because they
are the terms employed by Captain BACKHOUSE himself." Mr. VECHEL said his friend did not intend to apply his expressions to the
defendant; and Mr. ADDISON, on his part, similarly declared that he meant no offensive application to Capt. BACKHOUSE; at the same
time he requested Mr. VECHEL to peruse the Captain's letter, to satisfy himself whether it did not bear the construction put upon
it, particularly when considered in conjunction with his subsequent conduct, and refusal of explanation or accommodation. Mr. VECHEL
read the letter; he was obliged to acknowledge that the offensive terms were there, but again observed that Capt. BACKHOUSE said he
did not intend them to apply to Mr. ADDISON, who once more repeated his disclaimer, and Mr. VECHEL expressed himself satisfied, and
went away apparently in friendship. Between four and five in the afternoon of the succeeding day, Mr. BLAMIRE, beforementioned, and
Mr. VECHEL called upon defendant, and said their business related to the notice. Mr. ADDISON claimed the privilege of having a
friend present, before the subject was discussed; they agreed, after a short parley, and said they would again call in about three
quarters of an hour, which they did; and Mr. ADDISON was in waiting to receive them, in company with Mr. Henry Grayson ROBINSON, and
Mr. Richard HARRISON, of Caldbeck; Mr. BLAMIRE or Mr. VECHEL said they had come for the purpose of having an explanation of the
words added to the Notice. Mr. ADDISON replied that he had given Mr. VECHEL an explanation the day before, with which he then
appeared satisfied, and had no other to offer. They then asked what was meant by saying that Capt. BACKHOUSE had obtained
distinction in other places. Mr. ADDISON said he meant Capt. BACKHOUSE's great fondness for putting himself forward on all public
occasions, and that the influence he obtained by it, he made use of to oppress those who came within his power, as he, the
defendant, had experienced. Mr. BLAMIRE and Mr. VECHEL denied this; and then asked what was meant by the words "cowardly
incendiary"? Mr. ADDISON said he meant by them whatever Capt. BACKHOUSE meant in his original application of them. Mr. VECHEL said
they were opprobrious, and grating to the feelings of an old soldier, who was as brave a little man as ever lived. Defendant replied
that he never disputed his bravery; and the Captain ought to consider that other people had feelings as well as himself. Mr. VECHEL
said that his friend was innocent of what had been charged against him respecting the wall. Mr. ADDISON said that might be; but he
had satisfied Capt. BACKHOUSE that he, defendant, had been told so; that was all he contended for, never having insisted that the
words had actually been uttered, because he could be no judge of that fact. Mr. ROBINSON here interposed, and observed that he had
heard Mr. ADDISON's informant declare it; and the defendant reminded Mr. BLAMIRE of the efforts made to bring about an honourable
reconciliation, without effect. A little more discussion followed, when Mr. VECHEL said they must come to the critical point, an
expression which he several times repeated; that they must have an explanation that should be made public. Mr. ADDISON repeated that
he was willing to explain in the same manner that Captain BACKHOUSE agreed to explain. Mr. BLAMIRE and Mr. VECHEL then both
observed, that there were only two ways of settling it, either by fighting, or a Court of Law; and that Capt. BACKHOUSE had left the
matter entirely to them. Mr. ADDISON said he should take the consequences, whatever they might be; and Mr. VECHEL immediately
informed him that he must fight the Captain at two paces distance, or be posted for a coward, and gave himself the trouble of
explaining what was meant by posting as a coward! Very well, replied Mr. ADDISON; on which the two gentlemen renewed the subject on
the terms of explanation; when the defendant observed, that he had given explanation the day before, which was at that time thought
satisfactory; and that he never would give any explanation but such as they should first give to him. Mr. BLAMIRE and Mr. VECHEL
then said that Mr. ADDISON must fight Captain BACKHOUSE, and Mr. ADDISON said he should be ready. He was unprovided with pistols, he
added, but would supply that deficiency as soon as possible. When these gentlemen were about to retire, Mr. HARRISON expressed to
them his surprize at their conduct, and said he thought they had come with very different intentions. Mr. ADDISON immediately
applied to a neighbouring friend for arms, which could not be obtained, but he took means to supply himself, should the ultima ratio
be resorted to; and Mr. HARRISON and Mr. ROBINSON remained with him till twelve at night, under the expectation of another visit;
but the defendant heard no more on the subject, either from Mr. BLAMIRE, Mr. VECHEL, or Capt. BACKHOUSE, until Saturday the 30th of
November last, when he was served with the rule granted by the Court of King's Bench.-So far, Mr. SCARLETT said, he had followed the
defendant's affidavit. ROBINSON and HARRISON, he continued, also deposed to the correctness of all stated, as far as they were
concerned, and particularly in regard to the conversation with Mr. BLAMIRE and Mr. VECHEL. Mr. HARRISON added, that on subsequently
meeting Capt. BACKHOUSE, that gentleman told him that he had left the business entirely to Mr. BLAMIRE and another, meaning, Mr. H.
naturally inferred, Mr. VECHEL, and of course concluded that they acted under his directions. Mr. ROBINSON also distinctly swore
that he carried the letters before alluded to, to Capt. BACKHOUSE, with the intention of satisfying his mind; but that the Captain
was either from home or denied to him on both occasions; and that he heard GREENUP make use of the expressions which might be
considered the origin of these disagreements. Mr. ADDISON also deposed that he gave the unsealed letter into the hands of GRAHAM,
with directions to deliver it into the hands of Captain BACKHOUSE alone, and laid injunctions on him not to communicate either the
contents or purport to any one else; and solemnly believed that GRAHAM did not read or know the contents of it, until after the
evening parley on the 29th of October: a statement that GRAHAM distinctly corroborated upon his oath. There was, in addition, the
deposition of Mr. Richard EMMERSON, the innkeeper, who said that when he attended the meeting of magistrates, before adverted to, on
licensing day, he was told in the public room by Wm. BROWNE, of Tallentire, Esq. a county magistrate, that a complaint had been
lodged against him by Capt. BACKHOUSE, for encouraging the scholars of the Rev. Wm. PATTINSON, to drink and tipple in his house, and
Wm. HODGSON, Esq. the Clerk of the Peace, was desired to inquire into the matter, before the renewal of his licence; which inquiry
the Clerk of the Peace made, and finding nothing to substantiate the charge, the renewal took place. EMMERSON further stated that
Capt. BACKHOUSE lodged an information against him on a former licensing day, for some alleged disorder or irregularity in his house,
but did not on that occasion produce any proof; and EMMERSON distinctly swore that there was not any foundation whatever for such
complaints. Here, Mr. Scarlett said, ended his long detail of facts. They spoke for themselves. Captain BACKHOUSE in his affidavit
said that his friends were of opinion that he could alone obtain redress in that Court: but notwithstanding the authority of this
opinion, their Lordships, Mr. S. apprehended, after what they had heard would leave him to more ordinary remedies. 

 

Mr. Justice BEST.-If both these gentlemen were to take a dish of gunpowder tea together, would it not be the best way of arranging
this dispute? 

 

Mr. SCARLETT.-Perhaps it would, my Lord; but I trust your Lordships will not interfere in the extraordinary way in which you are
called upon to interfere by Captain B. 

 

Mr. WILLIAMS, on the same side, said it was very evident that there was no hostile intention on either side, or else they would not
have used so many words. 

 

Mr. BROUGHAM, in support of the Rule, said, knowing as he did the parties, nothing was more likely to produce a hostile termination
of this affair than the unguarded expressions of this affidavit. Mr. BLAMIRE was a gentleman of the highest respectability, and the
nephew of Mr. CURWEN, the Member for Cumberland, and the friend who accompanied him was the brother-in-law of Mr. HONEYWOOD, the
Member for Kent; and it was impossible to believe, that gentlemen of their high rank would act the part which they were represented
to act, which was the part of bullies. Indeed he had the affidavits of these gentlemen contradicting the affidavit of ADDISON. 

 

The CHIEF JUSTICE.-We cannot hear them in this stage of the proceedings. 

 

Mr. BROUGHAM.-Then will your Lordships enlarge the Rule until next Term. 

 

The CHIEF JUSTICE.-No, it is not the practice of the Court after such affidavit has been filed by the defendant. We do not, by
discharging this Rule, put a stop to any further proceedings, because you can indict the defendant, but we do not think ourselves
justified in interfering in an extraordinary way. 

 

Rule discharged. 

 

 

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