6 AUGUST 1836, Page 10

At the Marlborough Street Office, on Wednesday, Mr. James Fraser,

of Regent Street, publisher of Fraser's Magazine, charged the

Honourable Grantley Fitzhardinge Berkeley with an assault. Mr. Berkeley is a strong, tall man, and much larger than Mr. Fraser. He held in his hand a heavy whip ; which Mr. Chambers, the Magistrate, made him give up, on his being placed at the bar. Mr. Fraser thus stated his coniplaint : "I was alone in my shop, a short time ago, my assistants having gone to dinner; when two persons came in, and one of them, the defendant at the bar,

asked me if my name was Fraser. I replied it was; and be said I wish to know the author of the article in your Magazine called 'Mr. Grantley Berkeley and his Novel,' I asked, who have I the honour of speaking to ? and he replied, 'I am Grantley Berkeley, and I wish to know who is the author of that review.' I said I must consider before I can give up the author's name ; and I was about to add, that I could not give up the name, although I had full permission so to do from the writer, when I was instantly knocked down by the defendant. The blow was so violent, that I fell like a brute behind a small desk. The de- fendant then dealt upwards of twenty blows on my body while I was lying on the ground. I was nearly insensible; but I had sufficient recollection left to be aware that he had got hold of a whip, and was lashing me with it, cutting me over the face and hands with all his strength. [Here Mr. Fraser pointed to the wounds on his face, evidently produced by the whip.] I called out for assistance as loudly as I could. Three or four persons came to the door; but the other gentleman, who is now in the office, deterred them from coming in, and did all he csuld to prevent any one from rendering me assistance." "The other gentleman" was Mr. Craven Berkeley. He admitted that he had kept the people out ; and said, that Mr. Fraser positively refused to give up the author's name. When he saw Mr. Grantley Berkeley about to strike him, Mr. Fraser said he would take time to consider.

Mr. Grantley Berkeley said, be did not deny the charge; and added— "I came out on purpose to horsewhip the writer of the article, according to his own suggestion. In the Magazine there is an article grossly reflecting on me and my family ; and in it the writer recommends an acquaintance of mine to horsewhip me; so I availed myself of the suggestion." The following dialogue then ensued between the Magistrates and the parties.

Mr. Chambers—" This is much too serious a case to deal with in a summary way. If we convicted the defendant in the penalty of hi., it would vitiate any future proceeding. The best way will be to call on both parties, Mr. Grantley Berkeley and Mr. Craven Berkeley, to find bail."

Mr. Fraser—" In addition to what I have stated, I have to say that Mr. Grantley Berkeley threatened to horsewhip me wherever he met me." Mr. Chambers—" Perhaps Mr. Grantley Berkeley will recall his threat, otherwise I must call upon him for very heavy bail." Mr. Grantley Berkeley—" No, I can't ;emit my words ; my feelings are too painfully excited by the insult I have experienced."

Mr. Chambers—" I can tell you, Sir, that the laws will not allow a trades- man to bean intimidated. It would, indeed, be an abominable state of things if a person could not carry on his business, or go out publicly, because be is ex- posed to threats of violence. Jam in doubt whether I will take bail at all under such circumstances."

Mr. Grantley Berkeley—" The words were spoken in a moment of anger, and I am willing to recall them."

Mr. Fraser—This individual, Mr. Craven Berkeley, told me he would deal with me in the same manner."

Mr. Craven Berkeley—" Not till you called me a coward."

Mr. Fraser—" I said your conduct was cowardly in preventing any person from coming to my assistance."

Mr. Dyer (to Mr. Craven Berkeley)—" Perhaps, when you recollect that we sit here as Magistrates, to preserve the peace, you will see the expediency of also recalling your threat, otherwise your bail must be increased."

Mr. Craven Berkeley—" Well, I have no objection to recall it." Mr. Chambers—" Why, your brother might have killed the complainant."

Mr. Craven Berkeley—" Oh! I would net let him kill Mr. Fraser, who only got what he deServed. We came out on purpose to lick him. Had he been a better man thrzn my brother, then my brother would hare suffered."

Mr. Grantley Berkeley—" We served him just as he deserved."

Mr. Chambers—" You must both put in bail, that Mr. Fraser may have an opportunity of appealing to the laws of the country against this outrage." The parties then left the office. [Does Mr. Craven Berkeley think that a fair fight, in which one an is armed with a heavy whip, and the other unarmed and taken by surprise 21 The following are the passages which excited the ire of the Honour- able Messrs. Berkeley. They are utterly indefensible, in matter and manner ; but the mode in which chastisement was inflicted on the pub- lisher was not very chivalric, we think.

"In the present case, how absolutely disgusting is the conduct of Mr. Grantley Berkeley. He should have been among the last people in the world to call] pu bli attention to the history of his house. Why, may we ask him, is his eldest brother pitchforked into the House of Lords by the title of Lord Segrave ? Why does he no. sit there as Earl of Berkeley ? We are far from being desirous to insult, as the paltry author of this book does, the character of woman; but when matters are recorded in solemn judgment, there can be no indelicacy in stating that Mr. Grantley Berkeley's mother lived with his father at his mistress, aid that she had at least use child before she could induce the old and very stupid turd to ervirry her. " The horridly vulgar and ungrammatical writing of the dedication (to the Countess of Euston) is of no consequence--it is just as good as the rest of the work. But dose the MAU in writing to the Countess of Easton that she is one 'wham he bath ever re- garded with affection' mean to insinuate that he was ever placed in a position to be able to use, without the most absurd impertinence, the following quotations from his work—' That his undisguised friendship trembled on the brink of love'—and that 'taking advantage of certain situations is not in human nature to forego ?' It is a downright affront I They call Lord Euston the thin piece of Parliament—could lie not borrow a horsewhip I We assure him he might exercise it with perfect security."