the peace of our said lord the now king, and intending to do [*849] great 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. 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 accom 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 misdemeanour, 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, 171. The offences of fighting duels, and of sending or provoking challenges, are fully considered by Mr. Justice Grose, in passing sentence on Rice, convicted on a criminal information, for a misdemeanour of the latter kind, 3 East, 581. where the opinions of the earlier writers are collected. The indictment for this offence resembles, in some respects, the proceedings on threatening let ters. As in them it generally sets panied 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 count. and attorney of, &c.* that the said C. H. so being such per[*850] son as aforesaid, and again intending, as aforesaid, afterwards, Second Third count, For sending a of Herts. (x) to wit, on, &c. with force and arms, at, &c. did in pursuance, of and for the completing of 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 opprobrious 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.] That J. M. E.-late of, &c. being of a wicked and malicious mind, and of a turbulent and quarrelsome temper and dispochallenge sition, and unlawfully, wickedly and unjustly, and of his by letter, malice aforethought, devising, contriving and intending to to a magistrate of disturb, molest, disquiet, injure and abuse the said W. B. the county 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 let (x) This was the indictment against Elliot, at Herts. summer assizes, 1789. From Mr. Knapp's precedents, 20. 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 libel. ter 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 king, and [851*] 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 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 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, dishonour and damage of him the said W. B. in contempt, &c. to the evil, &c. and against the peace, Second &c. the first And the jurors aforesaid, &c. that the said I. M. E. be- count like ing such person as aforesaid, unlawfully, wickedly, unjustly only not and of his malice aforethought, devising, contriving and in- setting out tending as aforesaid, afterwards, that is to say, upon the said the letter. 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 [*852] twenty-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 quarprecedent relsome disposition, and not regarding the laws of this realm, for send- and unlawfully, wickedly and unjustly contriving and intending a written chal- ing to vex, injure, disquiet and terrify one A. B. &c. being a lenge. (y) person of a quiet and peaceable disposition, and unlawfully to For send 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 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 ing a chal- malicious disposition, and a common duelist, fighter and dislenge in a turber of the peace of our said lord the king, and not having letter. (z) the fear of 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 (y) From the MS. of a gentleman at the bar. (z) See a similar precedent, Cro. C. C. 102. 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, [*853] on the said, &c. 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. him as a written to the That J. H. late of, &c. being of a turbulent, wicked and For sendmalicious disposition, and designing and intending to do great ing a writ bodily harm and mischief to one J. B. heretofore, to wit, on, &c. ten challenge to with force and arms, at, &c. did unlawfully, wickedly and the prosemaliciously send and cause to be sent, a certain written chal- cutor, and lenge to the said J. B., and did thereby provoke, excite and posting challenge the said J. B. unlawfully to fight a duel with and coward, against him the said J. H., which said written challenge is as by stickfollows: that is to say, [here set out the challenge.] And the ing up a jurors, &c. do further present, that the said J. B. having then paper in a and there refused to fight with and against him the said J. H. in public pursuance of such unlawful, wicked and malicious challenge place. (a) as aforesaid, he the said J. H. for the completing his said count for evil disposed purpose and design, and further to provoke and sending incite the said J. B. to fight a duel, with and against him the a written said J. H. afterwards, to wit, on the same, &c. with force and challenge arms, at, &c. aforesaid, unlawfully, wickedly and maliciously, prosecutdid stick up, place and expose to public view, and cause and or and procure to be stuck up, placed and exposed to public view, posting to wit, upon and against a certain sign post, of and belonging to a certain dwelling house and public inn, there called and known by the name and sign of the king's head, a certain paper writing, with the name of him the said J. H. thereunto subscribed, containing certain scurrilous and abusive matter concerning him the said J. B. which said paper writing is as follows: that is to say, " In consequence of an anonymous letter received by me, (meaning himself the said J. H.) which I, (again meaning himself the said J. H.) have reason to belive was written by J. B. (meaning the said J. B.) I (meaning himself the said J. H.) have sent him (meaning the said J. B.) a challenge, hoping for satisfaction suitable to a gentleman, which he (meaning the said J. B.) has refused, therefore I (meaning himself the said J. H.) now post him (meaning the said J. B.) as a coward. J. H.-M. Dec. 13th, 1782." to the great damage, scandal and disgrace of the said J. B. and against the peace, &c. And the jurors aforesaid, upon their Second (a) See other precedents, Cro. C. A. 34. Cro. C. C. 102. Starkie, 630. Crim. Law. VOL. III. N n him. count, for a common challenge. |