Chapter II (3)
Colonel Montgomery was well known in London by the _sobriquet_ of the Duke of Hamilton’s _double_, from his studiously copying that nobleman’s style of dress.
Captain Macnamara recovered of his wound, and was tried for murder. His defence, which was prepared by Lord Erskine (then Mr. Erskine), stated:—“I am a captain of the British navy. My character you can hear only from others. But to maintain my character in that situation I must be respected. When called upon to lead others into honourable danger, I must not be supposed to be a man who sought safety by submitting to what custom has taught others to consider as a disgrace. I am not presuming to urge anything against the law of God, or of this land. I know, that in the eyes of duty and reason, obedience to the law, though against the feelings of the world, is the first duty, and ought to be the rule of action; but upon putting a construction upon my motives, so as to ascertain the quality of my actions, you will make allowance for my situation. It is impossible to define in terms the proper feelings of a gentleman; but their existence has supported this country for many ages, and she might perish if they were lost.”
April 15.
Yesterday morning Mr. Heaviside, the surgeon, was arrested by Townsend, under authority of a warrant from Sir Richard Ford, wherein he stands charged with having been aiding and assisting in the murder of Colonel Montgomery; and, after undergoing a private examination before the above magistrate, at Bow Street, he was fully committed to Newgate for trial, at the ensuing Old Bailey Sessions. Several witnesses were also privately examined respecting the duel, and bound over to appear on the trial.
Captain Macnamara was yesterday declared out of danger, but was not yet well enough to be removed.
The coroner’s inquest, on taking a view of the body of Colonel Montgomery, brought in a verdict of “manslaughter.” The remains were buried in a vault in St. James’s Church.
The evidence being closed, the prisoner addressed the jury in mitigation of his conduct.
Lords Hood, Nelson, Hotham, and Minto, and a great number of highly respectable gentlemen gave Captain Macnamara a most excellent character. Mr. Justice Heath summed up the evidence, and stated, that, from the pressure of the evidence, and the prisoner’s own admission, the jury must find a verdict of “manslaughter.” They were, however, of a different opinion; for, after retiring a quarter of an hour, they pronounced a verdict of “Not guilty.”
BETWEEN LORD CAMELFORD AND CAPTAIN BEST.
March, 1804.
A duel has been fought between Lord Camelford and Captain Best, of the Royal Navy, in the fields behind Holland House, near Kensington.
The meeting is said to have taken place in consequence of a quarrel between the parties, who were intimate friends, on the preceding evening, at the Prince of Wales’s Coffee-house.
Lord Camelford and Mr. Best had been intimate friends; both were young men of fashion, and esteemed first-rate shots. The subject of their quarrel was an abandoned woman, of the name of Symons, who had formerly lived with Mr. Best, but was then under the protection of Lord Camelford. This woman meeting Mr. Best at the Opera, made of him a request inconsistent with their relative positions; and on being refused, declared she would set Lord Camelford _upon him_; and accordingly complained to his Lordship, that Mr. Best had spoken disrespectfully of him. This greatly incensed Lord Camelford; and at the Prince of Wales’s Hotel, where they generally dined, he went up to Mr. Best, and said, loud enough to be heard by all present, “I find that you have spoken of me in the most unwarrantable terms.” Mr. Best mildly replied, that he was utterly unconscious of deserving such a charge; to which Lord Camelford answered, that he was not ignorant of what he had said of him to Mrs. Symons, and pronounced him to be a _scoundrel_, a _liar_, and a _ruffian_. Mr. Best said, that these were expressions which admitted but of one course, and a meeting was immediately arranged for the next morning.
In the course of the evening Mr. Best conveyed to Lord Camelford the strongest assurance that the information he had received was unfounded; and believing that his Lordship was acting under a wrong impression, he would be satisfied if the expressions he had made use of were retracted. This Lord Camelford refused to do. Attended by their respective friends, they met the following morning at a coffee-house in Oxford Street; and there again Mr. Best made an effort to obtain a retractation of the insulting words. He went up to his Lordship, and said, “Camelford, we have been friends, and I know the unsuspecting generosity of your nature; upon my honour, you have been imposed upon by a strumpet. Do not persist in expressions under which one of us must fall.” Lord Camelford answered, “Best, this is child’s play; the affair must go on.”
And yet at this moment Lord Camelford had in his heart acquitted Mr. Best, and had confidently stated to his second, that he knew he was in the wrong; that Best was a man of honour; but that he could not bring himself to retract words which he had once used. In going to the ground, he reiterated this statement to his second, adding, that as he and Mr. Best were considered the two best shots in England, one of them must fall; but, whatever was the issue of the affair, he begged him to bear testimony that he acquitted Mr. Best of all blame. No remonstrance, however, could induce him to withdraw the offensive expression.
They were placed at fifteen paces from each other. They fired together, and Lord Camelford fell, to all appearance dead. In an instant, however, he recovered the shock, so far as to exclaim, “I am killed! but I acquit Best. I alone am to blame.” He begged them to consult their safety. When a labourer, who was working in an adjoining garden, repaired to the spot, he found Lord Camelford lying on his back, in the lower part of the field, which was overflowed, to the depth of several inches in water. Captain Best and his friend had rode off directly after the shot took effect, and the other gentleman followed their example, immediately on the countryman’s coming up, on the pretence of going for a surgeon.
His Lordship was unwilling to be removed, and it was with difficulty that those who came to his assistance got him placed in a chair, and conveyed to Mr. Ottey’s, at Little Holland House. His adversary’s ball had penetrated his right breast, and was supposed to have passed through the lungs and lodged in the back bone. When questioned as to the names of the other gentlemen who had accompanied him, he declined giving any satisfaction on the subject.
Lord Camelford, by his will, peremptorily forbad his relatives and friends from prosecuting his antagonist, declaring that the combat was of his own seeking. The day previous to his death he added a codicil to his will, in which, after stating that persons have in general a strong attachment to the country which gave them birth, and on their death-beds usually desire that their remains may be conveyed to their native land, however great the distance, to be interred, he continued:—“I wish my body to be removed, as soon as may be convenient, to a country far distant, to a spot not near the haunts of men, but where the surrounding scenery may smile upon my remains.” The place he chose was situated on the borders of the Lake of St. Lampierre, in the canton of Berne, and three trees stood on the particular spot. The centre tree he desired might be taken up, and his body being there deposited, immediately replaced. “Let no monument or stone be placed over my grave.” At the foot of this tree, his Lordship added, he formerly passed many solitary hours, contemplating the mutability of human affairs. As a compensation to the proprietors of the spot, he left them one thousand pounds. He also requested his relations not to go into mourning for him. At the period of the duel Lord Camelford and Mr. Best had a bet of two hundred pounds depending, as to which of them was the better shot.
The following account of this pest to society is given by one of his biographers; but we must hope, for the sake of mankind, that the intellects of this desperate nobleman were occasionally deranged:—
“His character was a curious mixture of much that was virtuous and much that was vicious: all in extremes. With chivalrous notions of punctilious honour, and with an irascible temper, which brought him into many broils, he was warm in his affections, and almost unexampled in his benevolence. Disdaining all luxuries, in his own manner of life, he sought for opportunities of dispensing his fortune in acts of genuine charity, and conferred the most liberal favours with a secrecy that ennobled the gift. He did not distribute less than four thousand pounds per annum in the purchase of commissions for gallant young men, who had not the means of buying them, and in the relief of decayed seamen and soldiers. If many of his political proceedings were characterised with imprudence, no one could doubt they sprang from patriotism. He was a man whose real character was to the world but little known; his imperfections and his follies were often brought before the public, but his counterbalancing virtues were seldom heard of. Though too violent to those whom he imagined to have wronged him, yet to his acquaintance he was gentle, affable, and courteous; a stern adversary, but the mildest and most generous of friends. He was often the dupe of the designing and crafty supplicant, but he was more often the soother of real sorrow and unmerited woe.”
That such might have been his private character is most decidedly to be hoped; but most unquestionably, his public character rendered him a nuisance to society, and whoever did rid the world of such a murderous and (in matters of blood) unprincipled ruffian, was entitled to public thanks. Priding himself on his superiority in pistol practice, he sought for quarrels on every possible occasion. His dress, more especially in uniform, was such as to excite remark and observation, which he would gladly seize upon to fight a duel. He was even known to treat his horses in the streets of London in the most cruel manner, for the mere purpose of drawing forth some remonstrance or remark which he could consider an insult, and justify a murder. He died as he had lived, a blood-thirsty monster. He sought to deprive a bosom friend of life, although he was conscious of the falsehood of his own assertions, solely because he wished to display his superiority as a shot, and endeavoured to sacrifice a companion whom he esteemed, for a miserable woman whom he despised. His previous conduct towards Paterson was not justifiable under any circumstances of discipline, since he had the means of bringing him to condign punishment without being his executioner.
He was attended in the course of the day by Mr. Heaviside, Mr. Thomson, and Mr. Horne, surgeons. A Mr. Nihell, or Nield, we understand, was second to Captain Best, and the Hon. Mr. Devereux was second to Lord Camelford.
The following is a further account of his death, as it appeared in one of the papers of the day:—
March 12.
On Saturday evening this unfortunate nobleman breathed his last. He sent for his solicitor, Mr. Wilson, of Lincoln’s Inn Fields, and made his will the night after the accident; and maintained the most perfect composure under his sufferings to the last.
In the voluminous evidence adduced before the coroner’s inquest, it was proved, that Lord Camelford had declared,—that he was the aggressor, that he forgave the gentleman who had shot him, and that he hoped God would forgive him too.
Mr. Hodgson, the coroner, in his address to the jury, made the following observations:—
“It was evident the deceased had been killed by a shot fired at him by some person, of whose identity the jury had no direct or admissible proof. The laws of this country admitted of no excuse for one man killing another in a private duel. But, supposing the person who had slain the deceased to be able, before a superior tribunal, to offer circumstances and facts in palliation of his offence, they could not have any weight in this inquest. He had, strictly speaking, been guilty of murder, and to that effect must necessarily be the verdict of the jury. In the present case, there was no doubt of the deceased having been feloniously killed; but there was no evidence who was the principal, or who were the seconds. In point of fact, they were all equally guilty; for, in the crime of murder, accessories before the fact were considered as principals. There was hardly a doubt that the expressions and avowal of the deceased, so honourably made in favour of his opponent, would, if the latter were arraigned in a superior court, induce his acquittal; but that was a consideration which ought not to operate on the minds of those whom he was addressing. Had the parties been in a room; and upon a sudden quarrel had the deceased, having given the first provocation, been killed, it might have been justifiable homicide; but, on the contrary, it appeared, they had deliberately gone out to commit an unjustifiable act. Had it been proved who the person was who fired the shot at the deceased, the jury would have been bound to have returned a verdict of “murder” against him, and those who were aiding and abetting him; but, as the case stood, they would only pronounce the verdict to which he had alluded.
The jury unanimously returned a verdict of “wilful murder, or felonious homicide, by some person or persons unknown.”
BETWEEN ENSIGN BROWNE AND LIEUT. BUTLER.
January 1, 1806.
This morning a meeting took place in a piece of ground, in the parish of Basford, between Ensign Browne, of the 36th regiment of Foot, and Lieutenant Butler, of the 83d Regiment, on the recruiting service, at Nottingham.
The parties fired together by signal, when, unfortunately, Ensign Browne was shot through the heart, and instantly expired, without uttering a word.
Lieutenant Butler and the seconds immediately withdrew. The body of the deceased was taken to Basford church, by some persons who were attracted to the spot by the report of the pistols; and a verdict of “wilful murder” was returned by the coroner’s jury who sat upon it.
Ensign Browne was a promising young officer, of a very respectable family in Ireland, and had only just attained his seventeenth year. He and Lieutenant Butler belonged, lately, to the same regiment; but from a serious disagreement which took place between them, the Commander-in-chief ordered them to be placed in different corps. On their meeting at Nottingham, however, the embers of animosity rekindled, and the unhappy result has proved the loss to society of a valuable and much respected young member.
BETWEEN MAJOR BROOKES AND COLONEL BOLTON.
January 4, 1806.
About a year ago a duel was to have taken place at Liverpool, between Major Brookes and Colonel Bolton, in consequence of a quarrel; but the affair being known, they were bound over to keep the peace for one year. After this, the animosity between them increased daily, and each reproached the other with having informed the officers of justice of their intention to fight.
The time for which they were bound over to keep the peace elapsed on Friday week, when a challenge passed, and an immediate meeting was determined upon. They met, and at the first fire Major Brookes was killed on the spot. The Colonel absconded.
BETWEEN LIEUT. TURRENS AND MR. FISHER.
March 22, 1806.
A duel was fought on Galleywood Common, near Chelmsford, Essex, between Lieutenant Turrens and Mr. Fisher, both of the 6th regiment of Foot, in barracks there. The parties with their seconds arrived on the spot appointed for the encounter at daybreak, when the preliminaries having been settled, they took a short distance, and turning round, fired at the same instant. The Lieutenant received his antagonist’s ball in the groin, and immediately fell. On which Mr. Fisher went up and took him by the hand, expressing much regret at the lamentable consequence that had ensued, as, from the nature of the wound, he was apprehensive it would prove mortal.
Assistance having been procured, the wounded gentleman was removed to a windmill at a short distance, and as soon as possible, conveyed from thence to his apartments in the barracks, where every attention was rendered that his unfortunate situation could require. The ball having lodged on the side opposite to which it entered, was extracted by Dr. Welch, at four o’clock the same afternoon, but he expired between nine and ten o’clock on Sunday morning. An inquisition was taken by J. O. Parker, jun., Esq., coroner, on view of the body, on Monday, and a verdict returned of “wilful murder” against Mr. Fisher and the two seconds, one of whom is under arrest. Mr. Fisher and the other have absconded.
BETWEEN MR. ROGERS AND MR. LONG.
Dublin, May 3, 1806.
This day a duel was fought in Foster Avenue, between two young gentlemen of the Barrack-office, in this city, and intimate friends, upon occasion of a tavern quarrel the preceding evening.
On the first fire, at the distance of eleven paces, both parties fell; the one, Mr. Rogers, received a ball through his heart, and of course died instantly. The other, Mr. Long, was shot through both his thighs, and is also since dead.
BETWEEN BARON HOMPESCH AND MR. RICHARDSON.
Sept. 22, 1806.
A duel was fought this morning between Baron Hompesch and a Mr. Richardson, of Colchester, in consequence of the Baron, who is near-sighted, running against Mr. Richardson and two ladies in the street. On the exchange of the third pistol Mr. Richardson was shot through the body.
BETWEEN SIR FRANCIS BURDETT AND MR. PAULL.
May 5, 1807.
On account of a misunderstanding between Sir Francis Burdett and Mr. Paull, a meeting took place at nine o’clock this morning, near Wimbledon Common. Mr. Paull conceiving his character very injuriously reflected upon by Sir Francis, despatched a challenge, late on Friday night, to the Baronet, which being accepted, the parties met early yesterday morning at Coombe Wood, near Wimbledon Common.
They discharged two pistols each. The second shot, fired by Mr. Paull, wounded Sir Francis in the thigh; the second pistol, fired by Sir Francis, wounded Mr. Paull in the leg. Sir Francis returned home in the same carriage with Mr. Paull.
* * * * *
The following is the truly amusing account given of this duel by Mr. Bellenden Ker, and shows the necessity of selecting proper seconds on such occasions:—
On Saturday morning. May 5, about half-past five o’clock, Sir Francis Burdett’s servant came to me with a note from Sir Francis, desiring me to come to him instantly to Wimbledon, with a pair of pistols, as he had been called upon; but did not say by whom. I could procure none, after trying at two officers of the Guards, and at Manton’s, but found none fit for the purpose. It occurring to me that going thus from place to place for pistols, might at last be the occasion of bringing on more notice than I wished, I determined to proceed without them, thinking that those who called upon him must have a pair at least; and that if it was necessary they might serve both parties. I arrived at Sir Francis Burdett’s house, at Wimbledon, about eight o’clock, having been obliged to wait more than two hours for a chaise. He was gone on to the King’s Arms, Kingston, having left a note for me to follow him there in his carriage. On entering Kingston, I saw Mr. Paull in a coach, accompanied by another person, and a servant on the coach seat. He called out to me on passing his carriage, and said something that I did not distinctly hear; but I think he advised me not to proceed into the town, as the affair would be blown. I asked him where the inn was, and went on.
As soon as I entered the room where Burdett was sitting, a person appeared, who had followed me. On his entrance I asked Burdett who he was. He said it was Paull’s second. I then said, “Whom have I the honour to address?” “My name is Cooper.” “Do you know him, Burdett?” “I have no doubt Mr. Paull has appointed a proper person to meet me.” “Sir, sir, sir,” was Mr. Cooper’s answer. I then said, as Burdett desired, that we should immediately follow them, if they proceeded to Coombe Wood, which seemed to be a proper place for meeting.
After Burdett had given me some letters and memorandums for different friends, and explained to me the subject of Mr. Paull’s demands, we proceeded to the place appointed; where, ordering the carriages to stop for us, we went into the wood to a considerable distance. I fixed on a proper spot. During our walk Mr. Paull frequently addressed me on the subject of the quarrel. He said he was sure I had not heard it rightly stated, and wished me much to hear him. I always replied that I had heard the whole from my principal, and that I placed implicit confidence in what he said; for if I could not have done that, I should not have accompanied him there; and that, from all I heard and read concerning the matter, it was my decided opinion that Burdett was the person most entitled to consider himself as ill-used; but that, at all events, an apology from him was out of all question, and that I would rather see him shot than advise him to so disgraceful an act. As Mr. Paull did not seem to have at all placed his opinions, or case, in the hands of his second, I found it in vain to talk to him on the subject of an accommodation. After we had stopped, I asked for the pistols, which were produced by Mr. Cooper, who declared that he had not expected things would have taken this turn. I asked him if he expected I should advise, or Burdett would consent to disgrace himself. I then told him we had been unable to obtain pistols, and expected he would consent, as well as Mr. Paull, that we should use one of theirs. To this they both agreed. He (Mr. Cooper) told me he did not know how to load them; I showed him how, and directed him to load Burdett’s while I loaded Mr. Paull’s. I then asked him what distance he proposed them to stand at; he said he knew nothing about the matter, and left it to me. I measured out twelve paces, and placed the principals at the extremities of the space. I then directed him to give Sir Francis a pistol, and I presented another to Mr. Paull, at the same time assuring him, as I had Mr. Cooper, that Sir Francis came there without the slightest animosity against Mr. Paull; but that he would fire at him as a mode of self-defence. I said besides to Mr. Paull,—that I hoped he was thoroughly convinced that the injury he had received was of a nature not to be satisfied with anything short of attempting the life of my friend, and risking his own. He replied,—he must do so, unless he had an apology.
I then asked them if they would agree to fire by a signal I would make by dropping my handkerchief? They each did agree to it. I placed myself about four yards on one side the centre of the space between them; while Mr. Cooper, on giving the pistol to Sir Francis, retreated very precipitately behind a tree at some distance. On a signal being made, they fired together, but without effect. I then took Mr. Paull’s pistol from him, and said, “I hope, Sir, you are now satisfied.” He said, “No; I must have an apology, or proceed.” I said, “To talk of an apology is absurd, and quite out of all question.” I then reloaded the pistols, and gave them as before. I again addressed Mr. Paull as I had at first. He answered with warmth,—that he must have an apology, or proceed; and called God to witness that he was the most injured man on earth. Mr. Cooper was then to make the signal; but he stood so far out of the way, that Sir Francis could not see him, although he had already called to him during his retreat, and begged him not to go so far off, and to come forward, or words to that effect. At last I saw Sir Francis could not see Mr. Cooper, nor his signal; and upon his making it, I called out, “Fire,” to Sir Francis as soon as I saw Mr. Paull raise his pistol. They did so together, I believe, upon my uttering the words.
I should observe, that while they were waiting for the signal, I observed that Sir Francis held his arm raised, and his pistol pointed towards Mr. Paull. Knowing this was not with a view of taking any unfair advantage, but the effect of accident, I said, “Burdett, don’t take aim. I am sure you are not doing so; drop your arm, as you see Mr. Paull has his pistol pointed downwards.” Mr. Paull then asked me, why I advised Sir Francis not to take aim. I said—anybody might see that I could only mean for him not to take aim, or prepare to do so, before the signal, and from a desire to see that they were upon equal terms. The consequences of the second shots have been already described. After speaking to each of them, I set off for the carriages. Both were put into Mr. Paull’s. I went on to Sir Francis Burdett’s house, to Lady Burdett and his brother; and also to procure a surgeon at Wimbledon.
During the transaction not one word passed between me and Sir Francis, except what I said about taking aim. Mr. Cooper has constantly refused to sign any official account, to say where he lives, or what is his situation; which also was repeatedly requested of him before me; nor do I at this moment know anything further about him.
JOHN BELLENDEN KER.
BETWEEN MAJOR CAMPBELL AND CAPTAIN BOYD.
August 1808.
_Trial of Major Campbell, of the 21st Regiment._
Alexander Campbell, Brevet-Major in the army, and a Captain in the 21st regiment, stood indicted for the “wilful and felonious murder” of Alexander Boyd, a captain in the said regiment, by shooting him, the said Alexander Boyd, with a pistol bullet.
To support this indictment, the following witnesses were produced:—
George Adams, who stated, that he had been assistant surgeon in the 21st Regiment, since April twelvemonths. He knew Major Campbell and Captain Boyd. In the year 1807 they were quartered in the barracks, in the county of Armagh side of Newry. On the 23rd of the said month, Captain Boyd died of a wound he received by a pistol bullet, which penetrated the extremity of the four false ribs, and lodged in the cavity of the belly. On that day the regiment was inspected by General Kerr; and, after the inspection, the General and officers messed together. About eight o’clock all the officers left the mess, except Major Campbell, Captain Boyd, witness, and a Lieutenant Hall. A conversation then commenced by Major Campbell stating, that General Kerr corrected him, that day, about a particular mode of giving a word of command, when he conceived he gave it right. He mentioned how he gave it, and how the General had corrected him. Captain Boyd remarked, that neither was correct according to Dundas, which was the King’s order. (This observation, witness stated, was made in the usual mode of conversation.) Major Campbell said, “it might not be according to the King’s order, but still he conceived it was not incorrect.” Captain Boyd still insisted it was not correct, according to the King’s order. They argued this some time, till Captain Boyd said,—he knew it as well as any man. Major Campbell replied,—he doubted that much. Captain Boyd at length said,—he knew it better than he, let him take that as he liked. Major Campbell then got up and said, “Then, Captain Boyd, do you say that I am wrong?” Captain Boyd replied, “I do. I know I am right by the King’s orders.” Major Campbell then quitted the room. Captain Boyd remained after him for some time. He left the room before the witness or Lieutenant Hall; but no observation was made on his going, more than on that of any other gentleman that had dined there. The witness and Lieutenant Hall went out together in a short time after. They went to a second mess-room, and there Captain Boyd came and spoke to them. (The conversation was not admitted in evidence, as Major Campbell was not present at it.) They then went out together, and the witness left Captain Boyd at Lieutenant Dewar’s. In about twenty minutes after he was called upon to visit Captain Boyd. He went, and found him on a chair vomiting. He examined his wound, and found it a very dangerous one. He survived it but eighteen hours. He stayed with him till he died, during which time he got gradually worse.
On his cross-examination he stated, that there was something irritating in Captain Boyd’s manner of making the observation alluded to; so much so, that he conceives Major Campbell could not, consistently with his feelings, pass it over. But, if a candid explanation had taken place, he did not conceive the melancholy affair would have occurred.
John Hoey stated, That he is mess-waiter for the 21st Regiment, and was so then. He remembers the night this affair took place. Knew Major Campbell and Captain Boyd. He saw Major Campbell that night in a room where he was washing glasses. Major Campbell had quitted the room ten or fifteen minutes. As Major Campbell was coming up stairs, Captain Boyd was leaving the mess-room, and they met on the stair-head. Both went into the mess-waiter’s room, and there remained ten or fifteen minutes, when they separated. The prisoner, in about twenty minutes, came again to the witness, and desired him to go to Captain Boyd, and tell him a gentleman wished to speak to him, if he pleased. He accordingly went in search of Captain Boyd. He found him on the parade ground. He delivered the message, and Captain Boyd accompanied him to the mess-room. No one was there. The witness pointed to a little room off it, as the room the gentleman was in. He then went to the mess-kitchen, and in eight or ten minutes he heard the report of a shot; thought nothing of it till he heard another. He then went to the mess-room, and there saw Captain Boyd and Lieutenants Hall and Macpherson. Captain Boyd was sitting on a chair vomiting. Major Campbell was gone, but in about ten or twelve minutes he came to the room where the witness was washing some glasses. Major Campbell asked for candles. He got a pair, and brought them into the small room. Major Campbell showed the witness the corners of the room, in which each person stood, which distance measured seven paces. He never saw Major Campbell after, till a week ago, though the witness never quitted the regiment, and retained his employment.
John Macpherson stated, That he is Lieutenant in the said regiment. Knew Major Campbell and Captain Boyd. Recollects the day of the duel. On the evening of that day, going up stairs about nine o’clock, he heard, as he thought, Major Campbell say, “On the word of a dying man, is everything fair?” He got up before Captain Boyd replied;—he said, “Campbell, you have hurried me; you’re a bad man.” Witness was in coloured clothes, and Major Campbell did not know him, but said again, “Boyd, before this stranger and Lieutenant Hall, was everything fair?” Captain Boyd replied, “O my Campbell! you know I wanted you to wait, and have friends!” Major Campbell then said, “Good God! will you mention before these gentlemen, was not everything fair? Did not you say, you were ready?” Captain Boyd answered, “Yes;” but in a moment after said, “Campbell, you are a bad man.” Captain Boyd was helped into the next room, and Major Campbell followed, much agitated, and repeatedly said to Captain Boyd, “that he (Boyd) was the happiest man of the two.”—“I am,” said Major Campbell, “an unfortunate man, but I hope not a bad one.” Major Campbell asked Captain Boyd if he forgave him? He stretched out his hand and said, “I forgive you; I feel for you, and I am sure you do for me.” Major Campbell then left the room.
Duncan Dewar, Adjutant of the regiment, who was with Captain Boyd for some time after he was wounded, was produced to show Captain Boyd’s firm conviction that he would die in consequence of that wound, in order to let in his declaration then made as evidence. But Captain Boyd not having (before him) expressed such a conviction, that evidence failed. Surgeon W. J. Nice was produced to the same point, and likewise failed.
Colonel Paterson, of the 21st Regiment, was produced to the same point, and also failed.
George Sutherland, Quarter-master of the same regiment, was produced to the same point. He stated that he saw him ten minutes before he died. He was in bed, agitated with pain, in his senses, but rolling in the bed. He did not, however, say to him that he thought he was dying.
Upon this, a special verdict was directed to the jury, to inquire whether Captain Boyd, ten minutes before his death, and under the circumstances stated, must or must not have known he was dying. After some short deliberation, they found for the affirmative of this issue (that he must have known it). The declaration was then admitted; but none could be proved within that space, except his asking for Major Campbell, and his saying, “Poor man, I am sorry for him.”
John Greenhill was produced merely to prove, that Major Campbell had time to cool after the altercation took place; inasmuch as he went home, drank tea with his family, and gave him a box to leave with Lieutenant Hall, before the affair took place.
Here the prosecution closed.
The defence set up was merely and exclusively the character of the prisoner, for humanity, peaceable conduct, and proper behaviour. To this, several officers of the highest rank were produced, who vouched for it to the fullest extent; namely, Colonel Paterson, of the 21st Regiment, General Campbell, General Graham Sterling, Captain Macpherson, Captain Menzies, and Colonel Grey: many others were in attendance whom it was unnecessary to produce.
The learned judge charged the jury in the most able manner, recapitulated the evidence, and explained the law on the subject most fully and clearly. The jury retired, and in about half an hour brought in a verdict, “Guilty of murder;” but recommended him to mercy, on the score of character only.
He was sentenced to be executed on Monday, but respited to Wednesday se’nnight.
And this respite was obtained by the greatest exertion. Mrs. Campbell, who was tenderly attached to her husband, having resolved to proceed to London, and solicit the Royal mercy, hastened to the sea-coast, but found that unexpected circumstances threatened to frustrate her fondest hopes. It blew a perfect hurricane, and no reward could tempt the captain of any vessel to venture to sea. While she was running up and down the shore in a distracted state, she met a few humble fishermen; and these poor fellows no sooner heard the cause of her agony than they offered her their service and their boat, in which she actually crossed the channel. Her noble companions not only refused to receive any reward, but attended her to the coach-office, and followed her several miles on the road, praying God to bless her, and grant her success.
On arriving at Windsor with her petition it was past eight o’clock, and the King had retired to his apartment; but the Queen, compassionating the afflicted wife, presented the memorial that night, and Mrs. Campbell received the kindest attention from the whole of the Royal family.
The case was anxiously debated in the council; but, after a full review of the circumstances, it was finally resolved that the law should take its course. Mrs. Campbell in the mean time proceeded to Scotland, cheered with the hope of obtaining, at least another respite. She reached Ayr, her paternal home, on the very morning that her husband’s corpse was brought thither to be interred.
When Major Campbell heard that his fate was decided, he prepared to meet death with the fortitude of the soldier and the resignation of the Christian. A change had come over the public mind, and universal sorrow for his fate had taken place of the prejudices which inaccurate reports of the duel had produced. By a strange concurrence of circumstances, his own regiment mounted guard round the scaffold. A vast multitude occupied every spot from which a view of the place of execution could be obtained. The crowd displayed the unusual show of all the gentry from the neighbouring country, assembled in deep mourning.
Precisely at noon Major Campbell appeared on the platform, supported by his father-in-law. Instantly the brave highlanders took off their military bonnets; and with streaming eyes, joined in prayer for the spirit about to be parted from its mortal tenement. The vast crowd stood uncovered in solemn silence, so that the grating of the falling drop was heard to the remotest extremity. One groan from the thousands of spectators, for an instant broke the profound silence, and proclaimed that all was over! His body, after having been suspended the usual time, was put into a hearse in waiting, which left the town immediately, escorted by Dr. Bowie, for Ayr in Scotland, to be interred in the family vault.
Major Campbell, in his conversation with his intimate friends, previously to surrendering himself, had always said, that if he were convicted of murder, he should suffer, as an example to duellists in Ireland; but it was always his opinion that a jury would not convict him of murder.
It has been erroneously stated, that the jury recommended the deceased, merely from his universal good character; but the jury recommended him in consequence of the duel having been a fair one; although, by the direction of the judge, they were bound, on their oaths, to convict the prisoner of murder. Major Campbell, previously to his death, observed, that life was not an object so dear to him, as the reflection was distressing, that his children and family should bear the stigma, that he was executed for murder.
Major Campbell made his escape from Ireland after the duel, and lived with his family, under a fictitious name, for several months, at Chelsea (the duel took place in June 1807); but his mind became so uneasy that he at last determined to surrender himself, be the result what it might.
His surrender, instead of being viewed as the result of penitence and sorrow, was regarded by too many as a mockery and a braving of justice. Utterly false as such a view of the case was, Campbell confirmed the prejudice against him by incautiously declaring, that he was sure the verdict could only be manslaughter. The misrepresentation of these words, as has been said, produced a strong effect on the minds of the presbyterians of Armagh. His modest and contrite deportment on his trial, and the excellent character given him by officers of the highest rank, went far towards turning the tide in his favour; but one of the witnesses for the defence is said to have exhibited a dictatorial air, as if his simple word would, or ought to decide the verdict; and this circumstance, it is reported, had a fatal influence.
He was first cousin to the Earl of Breadalbane, a man esteemed and beloved by all his friends. It is superfluous to add, that Mrs. Campbell was a most amiable woman. She had four infant children.
The unfortunate catastrophe, which produced such an awful result to Major Campbell, it is hoped will not fail to leave a lesson to mankind of salutary influence. Both of the parties were gentlemen, eminent in their profession, of high character and honour, who had long lived on terms of mutual friendship and esteem. The unfortunate irritation of a moment, at once deprived society of one of the best of men, and left a widow and infant family to mourn their irreparable loss. Retribution of the most awful kind fell to the lot of the other; and his amiable widow and helpless family were also involved in all the distress which the human mind can conceive.
From the period of the unhappy event to the closing of the tragic scene, Major Campbell evinced the most heartfelt grief for what had happened to his friend.
BETWEEN LORD PAGET AND THE HON. CAPT. CADOGAN.
May, 1809.
In order to prevent the appearance in the papers of any mis-statement respecting the duel which took place this morning between Lord Paget and Captain Cadogan, we, the respective friends of the parties, feel it incumbent on us to submit the following as the correct statement of the event as it occurred:—
In consequence of a challenge having been received by Lord Paget from Captain Cadogan, and every attempt to prevent a meeting having failed, the parties, attended by their respective friends, Captain Cadogan by Captain Mackenzie of the navy, Lord Paget by Lieut.-Colonel Vivian of the 7th Light Dragoons, met, as agreed, at seven o’clock, on Wimbledon Common. The ground having been taken at twelve paces distance, they were directed to fire together. Captain Cadogan fired; Lord Paget’s pistol flashed. This having been decided to go for fire, a question arose whether Lord Paget had taken aim, as if intending to hit his antagonist. Both the seconds being clearly of opinion that such was not his intention (although the degree of obliquity he gave to the direction of the pistol was such as to have been discovered only by particular observation), Captain Mackenzie stated to Captain Cadogan, that as it appeared to be Lord Paget’s intention not to fire at him, he could not admit of the affair proceeding any farther. Lieut.-Colonel Vivian then asked Captain Cadogan whether he had not himself observed that Lord Paget had not aimed at him, to which he replied in the affirmative. Captain Mackenzie then declared his determination not to remain any longer in the field, to witness any further act of hostility on the part of Captain Cadogan. Captain Cadogan replied, that of course his conduct must be decided by his second; declaring, at the same time, that he had come prepared for the fall of one of the parties. On Captain Mackenzie and Lieut.-Colonel Vivian making it known to Lord Paget, that as he evidently did not intend to fire at Captain Cadogan, the affair could go no farther; his lordship replied, “As such is your determination, I have now no hesitation in saying, that nothing could ever have induced me to add to the injuries I have already done the family, by firing at the brother of Lady Charlotte Wellesley.” The parties then left the ground.
(Signed) R. H. VIVIAN.
GEORGE CHARLES MACKENZIE.
The cause of the above duel is well known. It arose from the seduction of the lady of the Hon. Henry Wellesley (sister of Captain Cadogan) by Lord Paget. Her husband afterwards gained 20,000_l._ damages in the Sheriff’s Court.
BETWEEN LORD CASTLEREAGH AND MR. CANNING.
Sept. 21, 1809.
A duel took place early this morning between Lord Castlereagh and Mr. Canning, in which the latter received a wound in the left thigh; but happily it is not dangerous, being merely a flesh wound.
The meeting took place at Putney Heath. Lord Yarmouth seconded Lord Castlereagh, and Mr. R. Ellis accompanied Mr. Canning. We understand they fired by signal, at the distance of ten yards. The first missed; and no explanation taking place, they fired a second time, when Mr. Canning was wounded in the left thigh, on the outer side of the bone; and thus the affair terminated. He was put into a coach, and conveyed to Gloucester Lodge, his newly purchased seat at Brompton, and Lord Castlereagh returned to his house in St. James’s-square.
The circumstances of this celebrated political duel were the following:—“It had been long reported that there were divisions in the Duke of Portland’s cabinet, and that a change in some of the highest offices of State would take place. These divisions became public in the latter end of September, when Lord Castlereagh, then Secretary of War, sent a challenge to Mr. Canning, who held the seals of the foreign office.
Lord Castlereagh’s complaint was, that, they being both members of the cabinet, Mr. Canning had applied clandestinely to get him removed from office, for the purpose of bringing in the Marquis Wellesley in his place. Before Easter, it was affirmed, he made this application to the Duke of Portland, and obtained his promise that Lord Castlereagh should be removed from office. “Notwithstanding this promise,” said Castlereagh in his letter which accompanied the challenge, “by which I consider you presumed it unfit that I should remain charged with the conduct of the war, and by which my situation as a minister of the Crown was made dependent on your will and pleasure, you continued to sit in the same cabinet with me, and left me not only in the persuasion that I possessed your confidence and support as a colleague, but allowed me, in breach of every principle of good faith, both public and private, to originate and proceed in a new enterprise of the most arduous and important nature (the Walcheren expedition), with your apparent concurrence and ostensible approbation. You are fully aware that, if my situation in the Government had been disclosed to me, I could not have submitted to remain one moment in office, without the entire abandonment of private honour and public duty. You knew I _was_ deceived, and you _continued_ to deceive me.”
Without presuming to cast any unfavourable imputation on the well-earned fame of Mr. Canning, it cannot be denied that, if Lord Castlereagh’s statement was correct, Mr. Canning’s conduct was most unjustifiable, both on public and on private grounds—both as a statesman and a gentleman. If he considered Lord Castlereagh as unfit to manage the important charge with which he was entrusted, and indeed the Walcheren expedition alluded to afforded a convincing proof of the correctness of his opinion, it was his duty not to remain with him in the cabinet one single hour, if he could not overrule his proposals; but to coincide in a project which he condemned, and to continue to act in conjunction with a minister whose removal he had urged on the plea of incapacity, was an act most unaccountable on the part of Mr. Canning, and only tends to show, that men placed in a public situation will be guilty of acts which they would scorn, as dishonourable, in the common affairs of life.
BETWEEN MR. GEORGE PAYNE AND MR. CLARK.
Sept. 6, 1810.
A fatal duel was fought on Thursday morning upon Wimbledon Common by two gentlemen.
At half-past five o’clock three post-chaises were noticed passing over Putney Bridge, and at half-past six, one of the chaises returned to the Red Lion, at Putney, with a wounded gentleman, of the name of Payne. Mr. Heaviside was sent for, and found that a pistol ball had gone through the groin. The unfortunate gentleman died at half-past four o’clock the same afternoon.
Mr. George Payne was the younger son of the late Renè Payne, Esq., and he left him his fortune, to the amount of 14,000_l._ per annum. In that settlement, the whole now goes to his eldest son, except 500_l._ a year to his widow, and 10,000_l._ to his younger children. Mr. Payne has left four children by his wife, who was a Miss Gray.
The cause of the fatal duel is truly melancholy. The challenge took place about ten days ago, at Scarborough, but the quarrel was of a more distant date. The orphan daughter of the late Dr. Clark, of Newcastle, was the friend of Mrs. Payne, and a visitor in the family. An unfortunate attachment took place between Mr. Payne and Miss Clark, which transpiring, the irritated feelings of the brother induced him to resent it. Every means were tried by Mr. John Payne, the elder brother of the deceased, to avert the catastrophe, but in vain.
Mr. George Payne was most exemplary in all his conduct through life, except in this fatal attachment. He was a most liberal and a most amiable man. He had whispered to his second, Mr. Abbott, that he should not return Mr. Clark’s fire, but the first shot was mortal. Mr. Clark has effected his escape.
BETWEEN CAPT. BOARDMAN AND ENSIGN DE BETTON.
March 4, 1811.
In consequence of a trifling quarrel, a duel took place at Barbadoes, on the 15th of January, between Captain Boardman, of the second battalion of the 60th regiment, and Ensign De Betton, of the Royal West India Rangers, in which, at the first fire, the former was shot through the heart, and instantly expired. The survivor immediately escaped from the island.
BETWEEN MR. COLCLOUGH AND MR. ALCOCK.
In the preceding year, another fatal duel, of a political or rather an electioneering nature, took place at Wexford. Mr. John Colclough, of Trulom Abbey, had declared himself a candidate for the representation of the county, which he had sat for in the previous parliament. For many years certain noblemen had monopolised the representation of Wexford, and Mr. Colclough determined on this occasion to put the sense of the county to the proof, and therefore proposed Mr. Sheridan as joint candidate with himself. With these gentlemen Mr. Alcock, supported by the interest of certain influential electors, contested the county. The election commenced, the poll proceeded, and the independent party was rapidly advancing to success, when one of the most melancholy events terminated the contest.
Several tenants of a person who had given his interest to Alcock, absolutely refused to vote for that gentleman, declaring that, at every risk, they would support Colclough and the “great Sheridan.” Mr. Alcock’s partisans ascribed the conduct of these persons to seduction on the part of Mr. Colclough. The latter protested in the most solemn manner that he had not even solicited their votes. Alcock insisted that they should not vote for him. “How can I prevent them?” naturally replied Mr. Colclough. After much discussion Mr. Colclough was required to decline the votes, or receive them at his peril. Of course he disregarded this threat; open war ensued, and it was determined, that before the opening of the next morning’s poll, the candidates should decide by single combat the contested question.
Early on the following morning many hundred people assembled to witness the affair, among whom were several magistrates. Both candidates were remarkably near-sighted, and Mr. Alcock determined upon using spectacles. This was resisted by the friends of Mr. Colclough, who would not follow the example. The partisans of the former, however, persevered, and he did wear them. The ground at length was marked, and the anxious crowd separated on either side, as their party-feelings prompted them. The seconds handed to each principal a couple of pistols, and placing them about eight or nine steps asunder, withdrew. A dead silence and a pause ensued—the crowd stood in motionless suspense—the combatants presented—the word was given—Mr. Alcock fired first, and his former friend and intimate companion fell shot through the heart, his pistol exploding without effect.
The bystanders were almost petrified with horror, when on a sudden a loud and horrible yell burst simultaneously from every quarter of the field. Alcock was hurried by his friends from the ground; while those of Colclough raised the body and mournfully bore it to his native home. Within two hours after the fatal duel Mr. Alcock was returned _duly elected_. At the next assizes he was tried for murder, before Baron Smith, who openly declared against a capital conviction; and the jury, without a moment’s hesitation, pronounced a verdict of not guilty.
The acquitted duellist, however, suffered much in mind, and ended his days in a great measure deprived of his intellectual faculties. Two other duels were fought on the same occasion, but with little injury.
To this melancholy affair there was another sad corollary: Miss Alcock had known Colclough for a considerable time; she was an amiable and sensible person—her brother’s absence, his trial, and his subsequent depression deprived her also of her reason, and in this state she did not long survive the dreadful fate of her brother and his friend.
BETWEEN MR. HARRISON AND ——.
May 9, 1811.
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The History of Duelling. Vol. 2 (of 2)Chapter II (3)
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