peace of our said lord the now king, and intending to do great [849] bodily harm and mischief to one G. K. late of the same place, esq. and to provoke and excite him the said G. K. unlawfully to fight a duel with and against him the said C. H. on, &c. with force and arms at, &c. did unlawfully, wickedly, and maliciously, write, send, and deliver, and cause to be written, sent, and delivered, to the said G. K. a certain paper writing in the form and manner of a letter from the said C. H. to the said G. K., and containing therein as follows, (that is to say,) Monday Morning, Oct. 1. 1798. Sir, the expression you (meaning the said G. K.) thought proper to make use of last night at Mr. S.'s, I (meaning himself the said C. H.) cannot interpret in any other light than as a direct insult. indicted, 3 East, 581. 4 Bla. Com. Christ. Ed. 221. n. (1). A challenge is one of those offences for which a criminal information will be granted by the Court of King's Bench; though this will not be done where the party applying has himself first incited the proposal, 1 Burr. 316. ante 1 vol. 858*. And on this occasion the original letters need not be produced, but copies of them will suffice, if sufficiently verified as correct, 1 Burr. 402. Not only is the sending a challenge indictable, but the writing a letter to provoke another to do so, is a misdemeanor, though the solicitation does not succeed, 6 East, 464. 2 Smith, 550. But mere words which, though they may produce a challenge, do not directly tend to that issue, as calling a man a liar or knave, are not necessarily criminal, 2 Ld. Raym. 1031. 6 East, 471. though it is probable they would be so if it could be shown that they were meant to provoke a challenge. And the same words, if written, would become indictable, because they would become libellous, 6 East, 471. The offences of fight ing duels, and of sending or provoking challenges are fully considered by Mr. Justice Grose, in passing sentence on Rice, convict ed on a criminal information, for a misdemeanour of the latter kind, 3 East, 581. where the opinions Second count. [*850] Third count. For send I (meaning himself the said C. H.) therefore expect, if you (meaning the said G. K.) have the courage and spirit of a gentleman, and which I (meaning himself the said C. H.) very much doubt, you (meaning the said G. K.) will fix the time and place for the necessary explanation, and I (meaning himself the said C. H.) am sir your humble servant, C. H. To prevent any unnecessary suspicions, I (meaning himself the said C. H.) send this note by my servant, but I (meaning himself the said C. H.) shall take care to be accompanied by a friend at the place appointed; meaning and intending by the said paper writing, a challenge to the said G. K. to fight a duel with and against him the said C. H., to the great damage and terror of the said G. K. to the evil example, &c. and against the peace, &c. And the said coroner and attorney of, &c. that the said C. H. so being such person as aforesaid, and again intending, as aforesaid, afterwards, to wit, on, &c. with force and arms at, &c. did in pursuance of and for the completing his said last mentioned intent and design, unlawfully, wickedly, and maliciously, by a letter and writing, provoke, excite, and challenge the said G. K. in the peace of God and our said lord the king then and there being, unlawfully to fight a duel with and against him the said C. H. To the great damage, &c. (as before.) And the said coroner and attorney, &c. that the said C. H. so being such person as aforesaid, and again intending as aforesaid, afterwards, to wit, on, &c. with force and arms at, &c. did in pursuance of and for the completing his said last mentioned intent and design, unlawfully, wickedly, and maliciously, by opprobious words and threatening language, provoke, excite, and challenge the said G. K. in the peace of God and our said lord the king then and there being, unlawfully to fight a duel with and against him the said C. H. To the great damage, &c. (as ante 849*.) [Conclusion of information as ante 7. Lon. Ed.] That J. M. E. late of, &c. being of a wicked and malicious ing a chal-mind and of a turbulent and quarrelsome temper and disposition, lenge by letter to a and unlawfully, wickedly and unjustly, and of his malice aforemagistrate of the thought, devising, contriving, and intending to disturb, molest, county of Herts. (x) (x) This was the inidctment against Elliot, at Herts, summer assizes, 1789. From Mr. Knapp's precedents, 29. and said to have been drawn by Mr. Brown, and settled by Mr. Skelton. See a precedent nearly similar 6 Wentw. 385. where a count is added for a a libel. disquiet, injure, and abuse the said W. B. clerk, one of the justices assigned, &c. being a person of a quiet and peaceable temper and disposition, also to expose the said W. B. to shame, scandal, and reproach, and to cause, instigate, move, and provoke him the said W. B. to fight a duel with him the said I. M. E. and thereby to cause the said W. B. to break the peace of our said lord the king, he the said I. M. E. the sooner to complete his most unlawful, wicked, and malicious purpose aforesaid, upon the 7th day of July, in, &c. with force and arms at the parish of, &c. aforesaid, in the said county of H. did unlawfully, wickedly, diabolically, and of his malice aforethought, frame, compose, and write, and did cause and procure to be framed, composed, and written, a certain writing on paper, in the form and by way of a letter with the name I. M. E. thereunto set and subscribed, purporting to be a challenge from the said I. M. E. to the said W. B., with a design and intention to instigate, incite, move, and provoke the said W. B. to fight a duel with him the said I. M. E., and thereby to cause him the * said W. B. to break the peace of our said lord the [851] king, and also with a design and intention to kill and murder him the said W. B., which said letter is directed to the said W. B. as follows, that is to say, The Rev. B. W. E., and is in the words and figures, to the tenor following, that is to say, Rev. Sir, (meaning Reverend Sir, and also meaning the said W. B.) the affair between you, (meaning the said W. B.) and me, (meaning himself the said I. M. E.) being not determined, please to meet me, (meaning himself the said I. M. E.) on Leigh Hill Common in the county of Bucks the 8th of this instant, (meaning the 8th day of July, in the 29th year aforesaid,) at 4 o'clock in the morning, (meaning at 4 of the clock in the morning) then, and there you (meaning the said W. B.) shall see the colour of my (meaning his the said I. M. E.'s) blood; I. M. E. Berkhamstead, July 7, 1789, which said letter or writing so framed, composed, written, and subscribed as aforesaid, he the said I. M. E. afterwards, that is to say, on the said 7th, &c. with force and arms, at, &c. unlawfully, wickedly, and of his malice aforethought, did. send, and cause and procure to be delivered to him.the said W. B. with a design and intention to instigate, incite, move, and provoke the said W. B. to fight a duel with him the said I. M. E. as aforesaid, and thereby to cause the said W. B. to break the peace of our said lord the king, and also with a design and intention to kill VOL. II. 4 I 2 Second count like the first only not setting out the letter. and murder him the said W. B. and other mischiefs upon him the said W. B. he the said I. M. E. did then and there, with force and arms, unlawfully, wickedly, and maliciously bring, to the great scandal, infamy, dishonor and damage of him the said W. B. in contempt, &c. to the evil, &c. and against the peace, &c. And the jurors aforesaid, &c. that the said I. M. E. being such person as aforesaid, unlawfully, wickedly, unjustly, and of his malice aforethought, devising, contriving, and intending as aforesaid, afterwards, that is to say, upon the said 7th of July in the year, &c. aforesaid, with force and arms, at the parish of Berkhampstead St. Peter aforesaid, in the said county of H. did unlawfully, wickedly, and of his malice aforethought, frame, compose and write, and did cause and procure to be framed, composed and written, a certain other writing on paper, in the form of and by way of a letter, purporting in itself to be a challenge from him the said I. M. E. to him the said W. B. with a design and intention to incite, instigate, move and provoke the said W. B. to fight a duel with him the said I. M. E., and thereby to cause him the said W. B. to break the peace of our said lord the king, which said writing in the form of and by way of a letter, so framed, composed and written as last aforesaid, he the said I. M. E. afterwards, that is to say, upon the said 7th of July, in the twen[*852] ty-ninth year aforesaid, with force and arms, at the parish of G. G. in the said county of H. did unlawfully, wickedly, and of his malice aforethought, send and cause and procure to be delivered to him the said W. B. with a design and intention to instigate, incite, move, and provoke him the said W. B. to fight a duel with him the said I. M. E., and thereby to cause the said W. B. to break the peace of our said lord the king, and other mischiefs, &c. [the same conclusion as in the first Count.] Another That C. D. &c. &c. being a person of a turbulent and quarrelprecedent for send some disposition, and not regarding the laws of this realm, and ing a writ- unlawfully, wickedly, and unjustly contriving and intending to lenge. () vex, injure, disquiet, and terrify one A. B. &c. being a person of ten chal a quiet and peaceable disposition, and unlawfully to expose him the said A. B. to scandal, shame and reproach, and to cause, instigate, and provoke him the said A. B. to fight a duel with him (y) From the MS. of a gentleman at the bar. the said C. D. and thereby break the peace of our said lord the king, on, &c. with force and arms, at, &c. unlawfully, wickedly, and maliciously, did compose and write, and cause and procure to be composed and written, a certain letter containing a challenge to fight a duel with him the said C. D. which said letter was and is in the words and figures following, &c. [here copy letter.] To the great damage, &c. to the evil, &c. and against the peace, &c. [Second Count for the libel contained in the letter.] That J. N. late of, &c. being a person of a wicked and ma- For sending a challicious disposition, and a common duellist, fighter, and disturber lenge in a of the peace of our said lord the king, and not having the fear of letter. (2) God before his eyes, but being moved and seduced by the instigation of the devil, on, &c. with force and arms, at, &c. aforesaid, wickedly, and maliciously intending and designing as much as in him lay, not only to disquiet and terrify one T. E. but also the said T. E. maliciously, violently, and wickedly to kill and murder, and he the said J. N. his said malicious and wicked intentions and designs the sooner to complete, perfect, and put in practice, afterwards, to wit, on, &c. with force and arms, at, &c. aforesaid, did unlawfully and wickedly provoke and excite the said T. E. to fight a duel against him the said J. N. with a sword, and that he the said J. N. a certain challenge in the name of the said J. N., in the form of a letter to the said T. E. directed, did then and there maliciously, wickedly, and diabolically write and cause to be written, and which said letter was to the tenor and effect following, that is to say, [here set forth the letter with proper innuendoes to explain it,] which said challenge, so as aforesaid written and directed, he the said J. N. afterwards, to wit, on the said, &c. [853] at, &c. aforesaid, maliciously and wickedly, to the said T. E. did send, and deliver, and cause to be sent and delivered, to the great damage and terror of him the said T. E., to the evil example, &c. and against the peace, &c. ten chal That J. H. late of, &c. being of a turbulent, wicked, and mali- For sendcious disposition, and designing, and intending to do great bodily ing a writ harm and mischief to one J. B. heretofore, to wit, on, &c. with lenge to the prose force and arms, at, &c. did unlawfully, wickedly, and maliciouscutor, and ly, send and cause to be sent, a certain written challenge to the posting (z) See a similar precedent Cro. C. C. 102. |