Chapter II (4)

A duel was fought on Tuesday morning, at daybreak, in a field, about a mile and a half from Totteridge, between two gentlemen, who had alighted from post-chaises, at the King’s Arms public-house, near the spot. In an hour after one of the parties was brought in mortally wounded in the abdomen, and he died in four hours after. An inquest was held, and the fact of the duel being proved by some husbandmen, a verdict of “wilful murder” was returned. The body was owned after the inquest. The deceased was a Mr. Harrison, a young man about twenty-two years of age.

BETWEEN LIEUT. STEWART AND LIEUT. BAGNALL.
October 7, 1812.

A fatal duel took place on South Sea Common, near Portsmouth. The parties were Lieutenant Stewart and Lieutenant Bagnall, of the Royal Marines, most intimate friends. The quarrel arose concerning a female, with whom both were intimate.

At the first shot Lieutenant Stewart’s pistol missed fire. At the second discharge, his ball entered behind Lieutenant Bagnall’s right shoulder. Every attention was instantly procured, but the wounded man expired on Saturday evening.

BETWEEN LIEUT. BLUNDELL AND MR. MAGUIRE.
July 12, 1813.

A duel was fought yesterday at Carisbrook Castle, Isle of Wight, at half-past two o’clock, P.M. _agreeably to the written challenge of Lieut. Blundell_, between that gentleman and Mr. Maguire, when at the second discharge of pistols, Mr. B—— received a mortal wound, of which he died two days after.

BETWEEN MR. O’CONNELL AND MR. D’ESTERRE.
February, 1815.

The following account is from the Freeman’s Journal of the 2nd of February:—

A difference was adjusted yesterday, at Bishop’s Court, county Kildare, which had agitated this city for several days.

At a meeting at Capel-street, on the Saturday previous to the late Aggregate Meeting, Mr. O’Connell attended; and in illustrating some matter which he was anxious to enforce, he alluded, in a contemptuous manner, to the Corporation of Dublin. “The beggarly Corporation of Dublin” was, it seems, one of the epithets of scorn used in reprobation of this act. Mr. J. N. D’Esterre is a member of the Corporation; and having seen this phrase, he addressed a letter on the 25th (the day after the Aggregate Meeting) to Mr. O’Connell requiring to know whether he was fairly reported. On the day after Mr. O’Connell sent an answer, in which he said he would not avow nor disavow what had been reported in the newspapers. But he added, that if Mr. D’Esterre wrote to him to know his opinion of the Common Council of Dublin, as a body, he could easily satisfy him by saying, that no expression which language could furnish was sufficient to convey the sentiments of contempt he had for that body. Mr. O’Connell, besides, requested that Mr. D’Esterre should consider his answer as forming the close of the epistolary correspondence on this topic.

On Friday, a letter was left in Merrion-square for Mr. O’Connell, during his absence at the courts. Its direction was different from the former one which came from Mr. D’Esterre; and Mr. James O’Connell, who had instructions to open any communications that were directed to his brother in his absence, ascertained the quarter from whence it came. He sought merely for the signature, and on perceiving it to be Mr. D’Esterre’s, he immediately closed the letter, and stated in a note to Mr. D’Esterre the circumstances under which he opened it. He said he was ignorant of its contents, not wishing, after the request his brother had made on the day previous, to know anything more of Mr. D’Esterre’s epistolary messages. He added, that his brother did not expect to hear a second time from Mr. D’Esterre through the medium of _a letter_. Things remained in this condition till Sunday last. On that day Mr. James O’Connell received a note from Mr. D’Esterre, containing disrespectful observations on himself and his brother. Immediately after the receipt of it, he sent his friend, Captain O’Mullan, to Mr. D’Esterre to say, that after he had adjusted his affair with his brother, he would bring him to account for his conduct to himself peculiarly. Captain O’Mullan at the same time intimated that Counsellor O’Connell was astonished at not hearing, in what he conceived the _proper way_, from Mr. D’Esterre.

Nothing farther happened on Sunday; and on Monday morning Mr. Lidwell, who remained here several days to be the friend of Mr. O’Connell, though some members of his family were seriously indisposed, left town for home, despairing of any issue being put to the controversy. Monday passed on; and on Tuesday considerable sensation was created by a rumour that Mr. D’Esterre was advised to go to the Four Courts to offer Mr. O’Connell personal violence. Neither of the parties came in contact. But it seems Mr. D’Esterre was met on one of the quays by Mr. Richard O’Gorman, who remonstrated with him, by stating that he conceived he was pursuing a very unusual sort of conduct. This occurred about three o’clock; but no challenge followed. About four it was understood that Mr. D’Esterre was in the streets; and Mr. O’Connell paraded about with one or two friends, but did not come across his antagonist. A multitude soon collected about him, among whom there could not be less than five hundred gentlemen of respectability; and Mr. O’Connell then had no other resource left, than to take refuge in a house in Exchequer-street. In a short time Judge Day entered, in his magisterial capacity, to put him under arrest. The hon. Justice said he would be satisfied if he had the guarantee of Mr. O’Connell’s honour that he would proceed no farther in the business. “It is not my business, Mr. Justice,” said Mr. O’Connell, “to be the aggressor. Further, however, I must tell you, that no human consideration will induce me to go.” The hon. Justice then retired; and Mr. O’Connell shortly after repaired to Merrion-square. No challenge of any kind grew out of Tuesday’s proceedings.

On Wednesday morning, however, it was at length intimated to Mr. O’Connell that Mr. D’Esterre intended to call upon him for a meeting. Twelve o’clock was fixed upon for the nomination of hour and place. There was some overture made to enlarge the time, but Mr. O’Connell’s friend would not consent. We should mention that his friend was Major Macnamara, of Doolen, in the county of Clare, a Protestant gentleman attached to no party, and of the highest respectability. The friend of Mr. D’Esterre was Sir Edward Stanley.

After some discussion the parties fixed upon the place which we have already mentioned. It is about twelve miles distant from this city, and constitutes part of Lord Ponsonby’s demesne. The hour appointed was half-past three o’clock. At three precisely (we can speak confidently, for we now speak from personal knowledge), Mr. O’Connell, attended by his second, Surgeon Macklin, and a number of friends, was on the ground. About four, Mr. D’Esterre, attended only by Surgeon Peel, Sir Edward Stanley (his second), and a Mr. D’Esterre, of Limerick, appeared. There was some conversation between the seconds as to position, mode of fire, &c.; which, added to other sources of delay, occupied forty minutes. During this interval Mr. D’Esterre took occasion to say that his quarrel with Mr. O’Connell was not of a religious nature. To the Catholics, or their leaders, he said he had no animosity whatever.

At forty minutes past four the combatants were on the ground; they both displayed the greatest coolness and courage. The friends of both parties retired, and the combatants, having a pistol in each hand, with directions to discharge them at their discretion, prepared to fire. They levelled, and before the lapse of a second, both shots were heard. Mr. D’Esterre’s was first, and missed. Mr. O’Connell’s followed instantaneously, and took effect in the thigh of his antagonist, about an inch below the hip. Mr. D’Esterre of course fell, and both the surgeons hastened to him. They found that the ball had “traversed the hip,” and could not be found. There was an immense effusion of blood. All parties prepared to move towards home, and arrived in town before eight o’clock.

It is said that Mr. D’Esterre’s wound is very dangerous; we sincerely hope, however, that it will not prove mortal. The ball passed through both thighs. There was a violent hæmorrhage of the bladder last night, but it had ceased before morning.

We need not describe the emotions which burst forth all along the road, when it was ascertained that Mr. O’Connell was safe.

Mr. D’Esterre died at five o’clock on the 3rd.

* * * * *

The particulars of this duel were reported as follows:—

The Dublin Corporation, at the period, was considered as the stronghold of the Protestant ascendancy, and the hostility to what were called the Catholic claims was carried to great excess. Mr. O’Connell, the champion of his party, assumed a tone equally violent and acrimonious; and at a meeting of the Catholics, held in Dublin, spoke of the corporation of that city in the most contemptuous terms, and amongst other abusive epithets, called it “a beggarly corporation,” an expression which soon became a by-word with their opponents.

Mr. D’Esterre, a young man of great respectability and high spirit, felt indignant at the reproach cast upon the body of which he was a member; and there is reason to believe that his indignation was fanned by the instigation of his colleagues, who were anxious to rid themselves of such a formidable opponent as O’Connell. D’Esterre, therefore, addressed a letter to O’Connell, to know whether he had used the expression which the public papers attributed to him. O’Connell, in reply, neither admitted nor disclaimed the alleged charge, but stated that no terms, however reproachful, could exceed the contemptuous feelings he entertained for the corporation as a public body. To this he added, that his letter must close all correspondence on the subject. Mr. D’Esterre was advised to address another letter to Mr. O’Connell, which was returned unread, by that gentleman’s brother. Various reports were now circulated, and it was stated that D’Esterre intended to offer O’Connell personal violence, should he meet him in the streets. Thus did a week pass, during which threats and violent language were exchanged between the two hostile parties; and it was generally concluded that a duel could not be avoided. Mr. George Lidwell, at Mr. O’Connell’s request, had waited a few days in Dublin expecting a message from Mr. D’Esterre, and at length Sir Edward Stanley, Barrack-master of Dublin, and a friend of Mr. D’Esterre, waited on O’Connell with the hostile message so long expected. The challenge was accepted, and the necessary arrangements were made between Major Macnamara and Sir E. Stanley.

The parties met at Bishop’s Court demesne, Lord Ponsonby’s seat, in the county Kildare, thirteen miles from Dublin. It is said that in the meeting Mr. D’Esterre had been very disadvantageously placed by his second, being in a line with a tree, which afforded direction to his adversary’s aim.

BETWEEN COLONEL QUENTIN AND COLONEL PALMER.
February 9, 1815.

Colonel Palmer had been at Bourdeaux, and on his return to Paris, on Thursday last, found that Mr. Lawrell (Colonel Quentin’s brother-in-law) had left a card repeatedly at his hotel during his absence; in consequence of which he immediately signified his arrival to that gentleman. Mr. Lawrell soon after waited upon him with a challenge from Colonel Quentin. The parties met: Colonel Quentin accompanied by his relative, and Colonel Palmer by Mr. T. Thompson, member for Midhurst. The distance measured was twelve paces; and the challenger, thinking himself aggrieved, having given his first fire, Colonel Palmer showed that he was influenced by no personal motive, by instantly discharging his pistol in the air.

Mr. Lawrell and Colonel Quentin having thereupon, in answer to an inquiry from Mr. Thompson, declared themselves perfectly satisfied, the affair terminated, and the parties returned to Paris.

The Duke de Guiche and two French surgeons were on the ground.

BETWEEN MR. —— AND MR. ——.
Edinburgh, Feb. 18, 1815.

About three o’clock on Monday last, a duel was fought between two gentlemen of this city, near to Caroline Park. Intimation of their intention being given to the Sheriff, a warrant was issued for their apprehension; but before the officers could reach the ground, the parties had interchanged shots without effect. They and their seconds were however taken into custody; and on inquiry into the circumstances of the case, the cause of quarrel appeared so unsatisfactory, and the whole proceeding of those concerned so very strange, that, besides ordering them to find security to keep the peace, the Sheriff fined both principals and seconds in twenty-five guineas each; and ordered the same to be applied for the benefit of the Lunatic Asylum, as being, from its nature, an institution best entitled to a fine derived from such a source.

BETWEEN MAJOR HILLAS AND MR. THOMAS FENTON.

Towards the close of the same year, another fatal duel was fought in Ireland. In the month of December, 1815, a vessel was cast ashore by stress of weather upon the coast of Tirivagh, near the residence of Major Hillas, who was an active magistrate, and a young man of the most humane disposition. On hearing of the disaster, he immediately hastened to the spot to discharge his duties, and to fulfil his natural inclination. The captain, he found, had fallen overboard; and to his exertions, during the entire of a dark stormy night, the safety of the mate and eleven of the crew was chiefly to be attributed.

While Major Hillas was thus laudably engaged, Mr. John Fenton, a neighbouring gentleman, came up, and interfered in a manner which appeared to him highly incorrect; an altercation arose, which ended in Mr. Fenton’s threatening to throw Major Hillas into the sea. He, however, continued his exertions from the 6th to the 8th December, on which day Mr. Fenton arrived with a party of yeomanry, and forced the property out of his hands. It was in vain that Major Hillas remonstrated; that he declared that his object was not salvage, and that he only endeavoured to save as much as possible from the wreck for the benefit of the owners. Being thus frustrated in his intentions, he made a journey to Scotland, where the owners of the vessel resided, in order to make them acquainted with all the circumstances of the business. On his return Mr. Fenton thought proper to send him a message, which the Major very properly declined accepting. An investigation as to the right of salvage afterwards took place, during the course of which Major Hillas complained that he had been most unhandsomely treated by Mr. Fenton, who had interfered unjustifiably; and by taking the mate out of his hands, secured to himself, in an unhandsome manner, the legal custody of the vessel. Four days after the close of the investigation, Mr. John Fenton delivered a message to Major Hillas from Mr. Thomas Fenton. Major Hillas accepted the challenge, and when on the ground addressed the crowd of bystanders, saying—“I am sorry the mistaken laws of honour oblige me to come here to defend myself, and I declare to God I have no animosity to man or woman on the face of the earth.” Major Hillas, in anticipation of a fatal result, had dressed himself in a full suit of mourning. On the first shot he fell dead. Mr. Fenton was afterwards tried for the capital offence, but was acquitted by the jury.

BETWEEN P. DILLON, ESQ., AND B. KANE, ESQ.
Dublin, Feb. 21, 1816.

Yesterday evening a meeting took place near Merlin Park, between P. Dillon, Esq., of this town, and B. Kane, Esq., of ——, when the former received his adversary’s ball under the right breast, and instantly expired.

These two gentlemen were close friends for many years. Mr. Dillon had fought several duels, in all of which Mr. Kane acted as his second. And it is remarkable that Mr. Dillon’s father lost his life in an affair of honour with the late Malachy Fallon, Esq., at the same age, and nearly on the same spot where his son fell.

BETWEEN MR. ALLEY AND MR. ADOLPHUS.
December 2, 1816.

A dispute between Mr. Alley and Mr. Adolphus, which originated in the court of the Old Bailey, during a late trial, has at length been brought to a termination, and without any fatal result.

On November 13th, Mr. Adolphus sent notice to Mr. Alley, that he would be ready to meet him at Calais as soon as ever he chose; the parties being bound over by the magistrates to preserve the peace within this kingdom. Mr. Alley accepted the challenge, and on the 14th set out for Dover, accompanied by Captain Alley, his cousin and second. Two of his intimate friends, Mr. Agar and Mr. Bevil, also voluntarily accompanied him. They arrived at Calais on the 15th, some hours before Mr. Adolphus; and at two o’clock on the 16th, after the preliminary business was arranged by the seconds, the combatants met, a short distance from the town; took their ground; and on the signal being given, they both fired together. Mr. Alley was wounded in the right arm; and the ball from his pistol passed so close to his adversary, as almost to graze his head. Here the business terminated. An eminent surgeon being immediately sent for, extracted the ball from Mr. Alley’s arm.

BETWEEN MAJOR LOCKYER AND MR. SUTTON COCHRANE.
Cowes, December 12, 1817.

On Wednesday a duel was fought here between Major Lockyer and Mr. Sutton Cochrane, recently a lieutenant in the Royal Navy, which proved fatal to the latter, he having received his antagonist’s ball under the right breast, which passed through both ventricles of the heart, and the lungs.

These gentlemen, in company with a Mr. Redesdale, a Mr. Hand, and upwards of sixty others, were going out as adventurers to South America, in the ship Grace, Davy master, now lying in these roads, wind-bound. The trifling difference between the parties arose in consequence of an expression of an unguarded nature from the deceased, the evening before, while regaling themselves, with several others, at an inn; he having asserted, that they were all in debt, and were seeking their fortunes. At which the major felt very indignant, and asked, if the other meant to include him? The deceased replied in the affirmative, and declared he would prove his assertion, which he did by giving a very ingenious explanation, observing, that if we were not in debt to any of our fellow-beings, we were all indebted to our Maker. But the major, not considering the explanation satisfactory, insisted on Mr. Cochrane’s meeting him the next morning, at the dawn of day, who very reluctantly fell into the measure, previously declaring that he would not fire himself, but that if his opponent insisted, he would receive his fire.

It was agreed that they should both fire at one time; but when the signal was made, it was observed, the deceased never raised his arm to level his pistol, while the ball of his antagonist’s pistol immediately struck the seat of life. When the pistol of the deceased was examined afterwards, it was found neither unstopped nor cocked. The major, and the two seconds, Messrs. Redesdale and Hand, immediately decamped across the water.

The deceased was a well-educated and genteel young man, about twenty years of age, and we believe a relation of Lord Cochrane.

A coroner’s inquest sat upon the body, the jury delivered their verdict, “wilful murder,” against Major Lockyer, and Messrs. Redesdale and Hand, and the coroner issued his warrant for their apprehension. Mr. Hand was apprehended (by Allen, the Newport constable) at Portsmouth, on Thursday; the others are at large.

Major Lockyer and Mr. Hand were tried at Winchester Assizes, on the 7th of March, 1818; and the jury returning a verdict of manslaughter, they were sentenced to three months’ imprisonment.

BETWEEN MR. THEODORE O’CALLAGHAN AND LIEUTENANT BAILEY.
Bow Street, January 13, 1818.

Yesterday morning, between eight and nine o’clock, Mr. Theodore O’Callaghan, and Lieutenant Bailey of the 58th regiment, met in a field near Chalk Farm, to fight a duel, accompanied by Mr. Charles Newbolt, and Mr. Thomas Joseph Phealan, as seconds. Lieutenant Bailey received a wound in his right side, which proved fatal, as he languished about two hours, and then expired. Mr. O’Callaghan and the two seconds were afterwards taken into custody, and brought to this office, when they underwent an examination before Mr. Conant, the sitting magistrate, and the following particulars transpired:—

Thomas Hunt, a constable at Hampstead, stated—That he was sent for to Mr. Adams’s house, near Chalk Farm, in Ingram’s Lane, near the Load of Hay, where he took the prisoners into custody, in consequence of a gentleman having been killed in a duel.

Mr. Adams, who occupies the house above alluded to, attended, and stated—That about nine o’clock that morning he was in his bedroom, in the act of dressing himself, when he heard the discharge of two pistols, which induced him to look out of his window. He saw four gentlemen two fields off his house, near Chalk Farm, whom he considered in the act of fighting a duel. As they did not separate or disperse, he was fearful they would fire again. He therefore finished dressing himself with all possible speed, and hurried off to the spot, to endeavour to prevent the shot being repeated. Just as he arrived at the gate, and was in the act of getting over it, two pistols went off. He observed one of the gentlemen, who appeared to have discharged one of the pistols, turn round, and concluded he had received one of the shots. The other three gentlemen, the prisoners, went up to him instantly, and supported him on each side, to prevent him from falling. Each of them held him by the arm. On the witness getting up to them, one of them said to him, they were all friends. He saw blood running down the trowsers of the deceased profusely. The three prisoners gave him their names and addresses. He did not see a pistol in the possession of the deceased, or any of the prisoners. He invited the prisoners to conduct the deceased to his house, which they accordingly did. He did not observe any other person in the field, where the parties were, or near the spot. He observed to the parties, that it was an unfortunate affair. They all agreed, it was so. They inquired of him, if there was a house near for the prisoners to conduct the deceased to, as they were fearful of putting him to inconvenience. However, there being no public-house near, they supported him to his house, which was about four or five hundred yards off.

The deceased appeared to him to be in a dangerous state, and blood was running out of his trowsers very fast. A surgeon was sent for with all possible speed. The deceased was laid on a sofa in his parlour, and while he was lying there, he desired Mr. Theodore O’Callaghan to come to him, and held out his hand to shake hands with him, and said, he had behaved most honourably. The deceased had observed, that he was sensible he was dying, and could not live long. After this, he called the other two prisoners to him, shook hands with them, and made similar observations to them, and said, he forgave them all.

Mr. O’Callaghan, after this, went off to Hampstead, to get a coach to convey him from the witness’s house. But in the mean time Mr. Rodd, a surgeon of Hampstead, arrived, in about half an hour from the time of the fatal shot. Mr. Rodd, after having examined the wound, said it was impossible to remove him. The shot had entered on his right side, passed through his intestines, and all but came through on the left side, it being only confined by the skin. It was visible to the eye. The shot had carried with it a piece of the cloth of his coat, and other garments.

The deceased had observed to him, that the quarrel which had been the cause of the duel was not originally a quarrel of their own, but had sprung out of a quarrel of their mutual friends, who were to have fought a duel yesterday, and they were to have been their seconds. Upon recollection, he would not be positive whether it was the deceased or Mr. O’Callaghan who made this observation. He, however, understood that it was the prisoner O’Callaghan who shot the deceased. He did not observe any pistols in the possession of either of the parties, but he found two pistols lying on the table of his parlour; none of them owned them; but he had no doubt of their belonging to them (they were produced in the office in an unloaded state); they were of a large size. There were no pistols there before they came into the house. The deceased lived about two hours, or two hours and a quarter. All the prisoners paid every possible attention to the deceased, during the time he lived. He conversed with them all, and particularly with Mr. T. Phealan, who, the deceased told the witness, had been his second, or his friend, he could not recollect which. He heard him request Mr. Phealan to write the full particulars of the whole affair to his father, who, he understood, lived at Limerick.

Mr. Phealan had some conversation with the deceased privately, every other person having left the room. He then went off to London to procure more surgical assistance. On his return, the deceased had expired. Mr. Newbolt went, in the mean time, to inquire for lodgings at Chalk Farm, or the neighbourhood. Mr. O’Callaghan went to Hampstead to procure a coach. They all appeared anxious to do everything for the deceased, and did not seem inclined to abscond, but very readily surrendered themselves.

The prisoners were not called upon for any defence. The magistrates informed them, the law did not make any distinction in cases of murder, all being considered as principals. They must all, therefore, be detained. It was suggested to the magistrate, that safe custody was all, probably, that he would require; to which he assented, and it was agreed, that they should be kept in the watchhouse till the decision of the coroner’s inquest should be known; when it was suggested by the magistrate, that it was probable he might admit Mr. Phealan to bail. He regretted that the surgeon had not attended.

* * * * *

Public Office, Bow Street.

Yesterday morning another investigation took place, before Richard Birnie, Esq., respecting the cause of the death of Lieutenant Edward Bailey, of the 58th regiment. Mr. George Rodd, the surgeon of Hampstead, who had omitted to attend the examination on Monday evening, attended yesterday morning, and stated, That he was sent for on Monday morning, with great speed, to go to Mr. Adams’s house in Ingram’s Lane, to attend a gentleman who had been severely wounded. He arrived at Mr. Adams’s house about ten o’clock, where he saw a gentleman, who had been wounded, lying on a sofa. He proceeded to examine the wound, and he found a ball had penetrated on his right side, very nearly in a line with his navel. He proceeded to examine him on his left side, when he discovered that a ball was resting between his skin and the muscles. He succeeded in extracting the ball from the wound, and then dressed it. The three gentlemen, who are the prisoners, were present in the room at the time he examined the wounds of the deceased. After Lieutenant Bailey died, he opened the body, and found his intestines had been wounded in three different places, and which he had no doubt had caused his death.

Mr. William Adams, who has acted so humanely in this unfortunate transaction, attended again, and stated, in addition to the testimony which he gave on Monday evening,—That after the deceased had called Mr. O’Callaghan to him on the sofa, and shook hands with him, and said everything had been conducted in the most honourable manner, and that he forgave him, he asked Mr. O’Callaghan if he would have done the same by him if he had wounded him? To this Mr. O’Callaghan replied, most certainly he should have acted as he had done; and followed up the observation by saying, “I wish I had been wounded instead of you.”

Mr. O’Callaghan appeared much affected, and said, “You touched me in the first fire we had on one of my legs, by what is called a graze.” He then exhibited his trowsers and boots; when it appeared, that a ball had passed through both the legs of his trowsers, and one of his boots. He saw the deceased, Lieutenant Bailey, shake hands very heartily with Mr. O’Callaghan, previously to their parting.

The three prisoners were ordered to be detained in custody.

On the application of an attorney engaged for the prisoners, Mr. Birnie agreed to their undergoing another investigation previous to their commitment for trial; and the attorney wrote to Mr. Adams, requesting it as a favour that he would attend again last evening at 7 o’clock, at which hour the three prisoners were brought again to this office; and Mr. Birnie having taken his seat on the bench, Mr. Nolan, Mr. Arabin, and another barrister, whose name we understood to be Gould, presented themselves to the magistrate in behalf of the prisoners.

Mr. Nolan first addressed the magistrate, and requested, that as the coroner’s inquest had not yet sat, and would not sit till to-morrow, as the prisoners were now in safe custody, the magistrate would let them remain where they had hitherto been confined; as he well knew it was in vain to urge any discretionary power of the magistrate, as to bailing them, till the decision of the coroner’s jury was known.

The learned gentleman said, he felt strongly the charge of the crime under which the prisoners laboured; but he would say, that nothing he had heard of the evidence against them, in the least affected them as to premeditated murder. With regard to one of the prisoners, Mr. Phealan, he was the particular friend of the deceased, and was by no means instrumental to the violence that had been committed. All that Mr. Adams said respecting him, and he was the most material witness, was, that he was there on the spot at the time that the deceased came by his death. For anything that appeared in evidence, he might have been there accidentally; the spot where the transaction took place being near a public road and a path, he might have been an idle spectator. He must now answer for the highest crime which the law knew. The question he had to urge was, whether he was to remain in custody or be admitted to bail, till his trial; which he urged as to a sense of honour and humanity, and which he had no doubt was possessed by the gentleman by whom the business was first investigated, Mr. Conant; and if he had then been present, he should have taken the liberty of asking Mr. Adams a few questions, which he flattered himself would have induced the magistrate to have admitted the gentlemen to bail. If the coroner’s inquest had met and pronounced their verdict, the case would be altered. As Mr. Adams had not arrived, he trusted there would be no objection to let them remain where they were. To meet his fate, was the wish of his friend, Mr. O’Callaghan, as soon as possible; to him the trial would be the most interesting, and he by no means wished to defer it. All he wished for was, that they might be remanded till to-morrow morning. After the coroner’s inquest had sat upon the body of Lieutenant Bailey, and returned a verdict, it would then be a question, whether all or any of the gentlemen should be admitted to bail.

Mr. Arabin followed Mr. Nolan, and very handsomely acknowledged the kindness which had been shown him, in allowing him to read the evidence which had been taken in writing against his clients. He proceeded to enlarge upon it, and urged that there was not a shadow of difference between Mr. Phealan and Mr. Newbolt; and solicited that their commitment might be deferred, and that they might be admitted to bail.

Mr. Birnie in reply, said it was his wish to do justice to all; the prisoners had all been found on the spot.

Mr. Arabin admitted that there was no doubt about that; but he appealed to the magistrate to feel as a man, a gentleman, and as a lawyer.

Mr. Birnie said, he had a public duty to perform. In answer to the arguments of the learned counsel, he quoted the celebrated case of Montgomery and Macnamara, in which Mr. Heaviside, the surgeon, was committed to Newgate, who had only been attending professionally; yet he was committed on a charge of murder. In that case, it will be recollected, Sir Richard Ford was committing magistrate, who at that time took up the practice of duelling in a very spirited manner; and publicly expressed his determination to commit the surgeon, and all persons who were present at fatal duels, to take their trials for murder. And it was this firm conduct in the magistrate at that period, which checked the spirit of duelling for some time after; Mr. Heaviside being confined in Newgate for a considerable time, and at a very heavy expense. Bail to any amount could have been procured for Mr. Heaviside, but the application was refused.

The other learned counsel was heard in favour of the prisoners. Mr. Nolan said their only motive for the application in behalf of the prisoners was, that they would be more comfortable where they had been, during the night, than in Newgate. Mr. Birnie observed that he did not know that magistrates had anything to do with coroner’s inquests. Mr. Nolan said that if the magistrate complied with the application, no mischief, public or private, could happen. The magistrate observed, that it was in evidence before him, that one of the king’s subjects had been deprived of life, and _primâ facie_ it was murder. He had now made up his mind: the prisoners must all be committed to Newgate to take their trials for the murder of Lieutenant Bailey; and he was convinced that the three learned gentlemen would allow that he had decided right.

The prisoners were given into the custody of the officers to be conveyed to Newgate; and, on the 14th of January, they were tried at the Old Bailey for the crime laid to their charge; when the jury having returned a verdict of “manslaughter,” they were sentenced to be imprisoned three months in Newgate.

BETWEEN LIEUT. CARTWRIGHT AND LIEUT. MAXWELL.
March, 1818.

On the 1st of March, a fatal duel took place at Avranches, on the French coast, opposite to Jersey. It arose in consequence of a dispute between Lieutenants Cartwright and Maxwell of the British Navy. Lieutenant Cartwright received his adversary’s first fire: the ball entered his forehead, and he expired in a few moments. He had been married at St. Helier’s, only a few weeks before, to Miss Mann, niece to the Bishop of Cork and Ross.

BETWEEN VISCOUNT BELGRAVE AND SIR J. G. EGERTON.
October 17, 1818.

An affair of honour was this day decided on the Flats near Chester, between Viscount Belgrave and Sir John G. Egerton. On the first fire Sir John’s ball struck Lord Belgrave in the pistol arm, and slightly wounded his lordship. The quarrel between the parties originated in certain proceedings which had taken place on the preceding day, at the annual election of mayor for the city of Chester. A Mr. Baker, in proposing Mr. Evans, a gentleman in the Government interest, as mayor, made what were considered pointed allusions to some of the Egerton party, and insinuated that they had been stimulated by Sir John Egerton himself. The insinuation was required by Sir John to be disavowed by Lord Belgrave, who was present; but this his lordship refused. The greatest confusion then arose in the assembly, and the Recorder was ultimately obliged to adjourn the court to another day. The meeting between Sir John and Lord Belgrave was immediately afterwards arranged.

BETWEEN CAPTAIN JOHNSTON, OF THE 64TH REGIMENT AND BENJAMIN T. BROWNE,
SURGEON OF THE ERIE, AMERICAN SLOOP OF WAR.
March, 1819.

On the 23rd of March, while Captain Johnston was on the main-guard duty at Gibraltar, a report was made to him, that five individuals had been taken into custody by a sentry, on their way home from the play, for being without lights, contrary to the garrison regulations. Captain Johnston immediately ordered a sufficient number of men to see them home. In about ten minutes the police-sergeant who accompanied them, returned with three of the five in custody; and acquainted Captain Johnston that Archibald Taylor had endeavoured to escape from the sentry, and had made use of provoking and abusive language to him. Having, upon inquiry, found the report to be correct, Captain Johnston ordered the offender to be confined in the Crib; an order which he resisted, and used very offensive language to Captain Johnston himself. At this time Captain Johnston was not at all aware that he was an American. Taylor demanded satisfaction for the treatment he had received; but the Captain considered that he had merely acted in conformity with his duty, reported the whole affair to the field-officer, who approved of the course that had been pursued, and ordered Taylor to be continued in confinement.

In the morning Mr. Taylor was released; and upon the circulation of a report, two days afterwards, that Captain Johnston had declined to meet him or the American consul, who was said to have offered “to stand in his shoes,” the former having been obliged to sail immediately with the vessel of which he was master. Captain Johnston applied to the Consul for an explanation; when that gentleman disavowed any knowledge of the reports in question, and gave the Captain his thanks for the gentlemanly conduct he had evinced in the business.

Thus matters continued till the evening of the 31st, when Captain Johnston received the following letter by the hands of Lieutenant Stockton, first Lieutenant of the American sloop of war Erie:—

“Erie Sloop, March 3rd 1819.

“SIR,

“YOU have refused to give the satisfaction due to a man of honour, whom you did not hesitate to insult, because he was no more than a commander of an American merchant schooner. That gentleman is known to me, and I vouch for his equality to you in every respect. I am his representative; and the satisfaction I understand you boast to have offered his friends, I demand as an American. My rank, I trust, is enough for any man of honour; and you will do me the favour to consider the bearer, my friend, for your use.

(Signed) BENJAMIN T. BROWNE.”

Mr. Browne was surgeon of the Erie. Captain Johnston instantly accepted the challenge; and the next morning, a meeting took place between them, upon the neutral ground; Captain Johnston having distinctly disavowed making any boast with regard to Mr. Taylor. The arrangement made by their mutual friends on the ground was, distance eight paces, the word to be given, “Are you ready, gentlemen?” and, on assent being given, both to fire, after a pause for taking aim, while one, two, three, could be counted. On the first fire Captain Johnston received his opponent’s ball through his hat. They were handed pistols a second time. The Captain fired; but Mr. Browne reserved his fire so long, that the friend of the former exclaimed, “That is not fair!” on which he fired. Captain Johnston expressed his indignation at the reservation of fire by his antagonist. After some warm language on both sides, the third discharge took place, without effect; and on the fourth,—which was rather hurried, in consequence of the approach of a sergeant’s guard,—Captain Johnston’s ball took effect in Mr. Browne’s thigh. His friend, Mr. Stockton, immediately took up the ground, desiring Captain Johnston to keep his. They were about proceeding, when the sergeant’s guard reached the spot, and prevented any further progress at that time.

Mr. Stockton insisted on meeting Captain Johnston the next morning, at five o’clock; to which the latter agreed, and returned to the garrison. Captain Johnston was prevented from meeting in the morning, from the circumstance of his having been put under arrest, and an order of garrison being made, that no officer should be permitted to pass the barriers, in coloured clothes or otherwise; he, however, contrived to elude the vigilance of the guard in the afternoon, and at half-past four met Mr. Stockton at St. Michael’s Cave.

The seconds instantly entered into conversation as to the mode of firing. Mr. Stockton’s friend proposed that they should, on receiving the word, take an unlimited time for aim. This was objected to by Captain Johnston’s friend as sanguinary, and at variance with those principles of honour upon which such meetings are founded. Some argument followed, which ended in a determination to decide by chance which mode should be adopted. The result was favourable to the more humane course; but the time which was lost in the dispute exposed them to the interruption of the guard, which was seen approaching. It was now discovered that Mr. Stockton had no pistols, and one of Captain Johnston’s was borrowed for his use. Having taken their ground at the distance of eight paces, Mr. Stockton proceeded to take a steady aim, by resting the barrel of his pistol on his left hand. Captain Johnston’s friend objected to this; and again the American endeavoured to justify that very unusual mode of deciding such matters. At length the guard was seen within a hundred paces, and Captain Johnston desired that the affair might proceed in the usual manner. This was agreed to, and the discharge took place: the ball of Lieutenant Stockton’s pistol passed through Captain Johnston’s great coat; and, before a second fire could take place, the guard came up and interfered.

BETWEEN MR. UNIACKE AND MR. BOWIE.
August 1, 1819.

A duel was fought at Halifax, Nova Scotia, on the 1st of August, between Mr. Uniacke, son of the Attorney-General, and Mr. Bowie, an auctioneer; when the latter was killed on the spot. The deceased had been under a prosecution for an offence; in which cause he considered Mr. Uniacke, as the prosecuting attorney, had used improper expressions regarding him, and therefore called him out to the above ordeal.

BETWEEN CAPTAIN PELLEW, OF THE LIFE GUARDS, AND LIEUTENANT WALSH.
October 6, 1819.

The following are the particulars of a fatal duel which took place at Montmartre, near Paris, on the 6th of October, between Captain Pellew and Lieutenant Walsh:—Mr. Walsh not long since exchanged from the Life Guards, in which corps Captain Pellew held his commission. Previously to Mr. Walsh’s quitting the regiment, he had resided with his wife a good deal in the barracks in Hyde Park; where, being young and thoughtless, she unhappily received with too much readiness those attentions which military men too often think themselves at liberty to pay to every female. The consequences were such as might be expected to result from such infatuation. A close attachment was formed between Captain Pellew and the lady; and at length, in a fatal moment, she agreed to sacrifice her character, by eloping with the object of her blind affection. About a month before the duel she went off with him from her father’s house, where she had been residing for some time, during the absence of her husband. They repaired to Paris, whither they were followed by Mr. Walsh; he preferring what is called the satisfaction of a gentleman, to pursuing any legal means of redress. A meeting was arranged: the distance agreed upon was twelve full paces, and they were to fire together by signal. When that was given, the pistol of Mr. Walsh was immediately discharged. Captain Pellew did not fire; and it is said he never intended to do so. Mr. Walsh’s ball passed through the right temple into the brain of Captain Pellew, who instantly expired.

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