FRANCIS LIONEL ELIOT, EDWARD DELVES BROUGHTON, JOHN YOUNG, AND HENRY WEBBER. INDICTED FOR A MURDER COMMITTED IN A DUEL.

ON the evening of Wednesday the 22nd of August, 1838, a duel took place on Wimbledon Common, which was unhappily attended with fatal consequences. The principal parties to this melancholy transaction were Mr. Francis Lionel Eliot and Mr. Charles Flower Mirfin; and they were accompanied, the former by Messrs. Young and Webber, the latter by Broughton and another person, whose name, we believe, was never ascertained with certainty, and also by Dr. Scott, a medical gentleman, who attended to render that professional aid which it was deemed possible might be required of him.

The circumstances which led to this duel are stated to be the following:—During Epsom races, 1838, both Mr. Mirfin and Mr. Eliot attended that far-famed sporting meeting. On the Derby-day they were returning to town, Mr. Eliot driving a phaeton, and Mr. Mirfin a gig, when, by some accident, the two vehicles came in contact, and Mr. Mirfin was overturned. In the fall some of his ribs were fractured; and, on getting up, an altercation arose, and offensive language passed, which ended in Mr. Eliot striking Mr. Mirfin a blow on his already injured side, of which injury, however, it is due to say, Mr. Eliot was ignorant. The pain at the moment was excessive, and Mr. Mirfin had only a faint recollection that the name of the party with whom he had come in contact was Eliot; but he had been unable to obtain his address, and therefore had no clue to his discovery, although extremely anxious to call him to an account. Months rolled on, and only on one occasion, till Tuesday night the 21st of August, had he obtained a transient view of Mr. Eliot, in a cigar-shop, but almost instantly lost sight of him. On Tuesday night, in company with two friends, he entered the saloon in Piccadilly, and while he was there he heard the name of Eliot mentioned. The name at once struck him, and, on looking at the party by whom it was acknowledged, he recognised him as the person whom he had so long sought, and from whom he had received a blow. He immediately requested one of his friends, Mr. Broughton, to address Mr. Eliot, and call the matter to his recollection Mr. Eliot admitted the fact, and offered to make an apology. It would seem, however, that neither party was in a situation to enter upon the subject then, and it was agreed that mutual friends should meet at the Opera Colonnade Hotel at twelve o’clock on the next morning to discuss the matter. Mr. Mirfin then proceeded to his residence, No. 2, Pleasant-place, West-square, Lambeth, where he retired to rest. At the time appointed the friends met, when an objection was made on the part of Mr. Eliot to meet Mr. Mirfin. A firm determination having been expressed, however, that such meeting must take place, on a second application to Mr. Eliot he acceded to the proposition, and a hostile meeting was arranged for the same evening, on Wimbledon-common.

The individuals whom we have named accompanied the principals to the intended scene of action; and a fitting spot having been selected, the parties proceeded to adjust the preliminaries. After some conversation among the parties, in which Mr. Mirfin refused to consent to receive a verbal apology, the ground was measured, twelve paces, and the principals being placed in their positions, each provided with a pistol, at a concerted signal both fired, when the ball of Mr. Eliot’s pistol passed through Mr. Mirfin’s hat, whilst that of Mr. Mirfin went harmlessly by his antagonist. Mr. Mirfin then impatiently demanded another pistol, having previously declared he would face a dozen shots rather than submit to the insult he had received. The second fire quickly followed, when Mr. Mirfin, placing his hand on his side, exclaimed, “He’s hit me!” and then, staggering a few paces back, fell into the arms of Dr. Scott and his second. The former soon ascertained that the wound was fatal, and in a moment the unfortunate man breathed his last. The ball had taken a transverse direction, and had passed through his heart. The fatal result being ascertained, Mr. Eliot and the two seconds left the ground in the same carriage, and some casual passengers coming up, the body was lifted into a cabriolet, and immediately driven off the ground. It was conveyed to Pleasant-place, and, with the assistance of Dr. Scott, who resided in Rockingham-row, Kent-road, was laid on the carpet in the parlour, when another medical gentleman, a Mr. Smith, was sent for, and the body was stripped, but all hope of recovery had vanished. It would seem that application was subsequently made to Mr. Reed, an undertaker in the London-road, to prepare a coffin, and to convey the body for interment to a distant part of the country. This he declined; and finding the cause of death, he felt it his duty to inform Mr. Young, a constable in the neighbourhood, who communicated the fact to Field, a police-inspector, who placed the corpse in charge of one of his men until a coroner’s inquest could be held.

On Saturday, the 25th of August, an inquest was held on the body of the deceased, which was continued by adjournment until the following Tuesday, when the circumstances which we have detailed were proved in evidence; and from the statements of the witnesses, the various parties whose names have been mentioned were shown to have been concerned in the affair. The duel appears to have been conducted, however, upon perfectly fair principles, and there was nothing in the conduct of any of the persons present to induce a supposition that any ungentlemanly advantage was taken on either side. Mr. Scott, the surgeon, entered into a detailed account of the whole transaction, which differed in no material degree from the general statement which we have given. The jury returned a verdict of “Wilful Murder” against all the parties concerned as principal or seconds; the verdict as to the latter, however, only referring to them as being accessory to the offence.

At the ensuing session at the Central Criminal Court, indictments were preferred against the various parties concerned; and it being understood that Mr. Broughton would surrender to take his trial on Friday the 21st of September, on that day the court was much crowded.

Upon Mr. Broughton being called, however, he did not appear, and his absence was stated to be accounted for by the indisposition of Mr. Clarkson, who had been retained as counsel on his behalf; but Messrs. Webber and Young presented themselves, and declared themselves ready to take their trial. They were defended respectively by Mr. Adolphus and Mr. C. Phillips, while Mr. Chambers conducted the case for the prosecution.

The whole of the facts were then again proved in evidence; and eloquent appeals having been made on behalf of the prisoners by their counsel, a great number of highly respectable witnesses were called, who gave them excellent characters for the general humanity of their disposition.

Mr. Justice Vaughan, in summing up the case to the jury, remarked upon the circumstances which had attended the duel. He observed, that it should have been the bounden duty of all those who had acted as seconds, or who were present, to have interfered to prevent this fatal meeting; and that, at all events, after the first shot, even supposing the mistaken ideas which might be entertained with regard to wounded honour might be deemed to have rendered the affair so far excusable, they should have positively refused to suffer any further proceedings. The principals in such cases were the mere tools in the hands of their seconds, and upon the latter rested the more serious responsibility. The learned judge having also offered some observations upon the omission of Mr. Scott to attempt to prevent the duel, said, that it sometimes occurred that the feelings of the man were in opposition to those of the judge, and considering that everything in this case appeared to have been conducted with what was deemed fairness, he could not but feel some compunction in stating, as he was bound to do, that persons who had acted under such circumstances as those which had been disclosed were guilty of murder. The question of the prisoners being connected with the case was one for the jury, and one upon which their decision was required. The jury, after some consideration, found the prisoners “Guilty,” and at the same time declared their opinion that Mr. Scott himself should have stood at the bar with them. Mr. Justice Vaughan expressed himself to be of the same opinion, and sentence of death was then recorded against the prisoners.

They were instantly conveyed to the interior of Newgate, where they were placed, in obedience to the usual course, in the condemned cells. The application of their friends to the crown, however, soon procured their liberation from this disagreeable confinement; but the sentence of death was only removed upon condition of their undergoing twelve months’ imprisonment in the House of Correction at Guildford, one month of which was to be passed in solitude.

On Friday, the 8th of February, 1839, Mr. Broughton surrendered at the Old Bailey to take his trial, and pleaded “Guilty” to the indictment. Sentence of death was recorded against him; but in this case, as in that of Webber and Young, the punishment was reduced to twelve months’ imprisonment.

Mr. Eliot, the surviving principal in this affair, was a gentleman of highly respectable connexions—his father being a major-general in the army. Mr. Mirfin, it appears, had formerly carried on business in Tottenham-court-road as a linen-draper, but subsequently retired from business upon a competency. His connexions were of great respectability, his father and brothers being engaged in trade in the north of England of a similar character with that in which he had been concerned. Mr. Broughton, we believe, was a relation of Sir John Delves Broughton, Bart., a general in the army, and descended of an ancient family.

Mr. Eliot succeeded in making his escape to the Continent, and has not yet surrendered to the indictment preferred against him, which, therefore, still remains in operation.