Chapter II · (continued 2)

160When Miss King was taken by her father from England, on account of her disgrace, it was discovered, on her arrival in Dublin, that the servant-maid, who accompanied her, favoured the views of the seducer. On her consequent dismissal from the service she returned to England, and was the bearer of a private letter to Colonel Fitzgerald, the contents of which were, it is said, sufficient to induce the Colonel, even at the risk of his life, to make an effort to regain the young lady. But his finances not enabling him to undertake the journey, he borrowed a sum of money of an amiable woman, who ought to have been most dear to him, under the pretence of making a visit to Dorsetshire. Thus accommodated, he set out for the sister kingdom, and arrived at the village of Kilworth, near Mitchelstown, the residence of the noble family, and the place where the young lady was then kept, whose conduct was then watched with particular vigilance.

BETWEEN THE RIGHT HON. W. PITT AND G. TIERNEY, ESQ. May 21, 1798.

In consequence of some expressions made use of by Mr. Pitt in the House of Commons on the Friday previous, Mr. Pitt, accompanied by Mr. Rider, and Mr. Tierney, accompanied by Mr. George Walpole, met at three o’clock in the afternoon on Putney Heath.

161After some ineffectual attempts on the part of the seconds to prevent farther proceedings, the parties took their ground at the distance of twelve paces. A case of pistols was fired at the same moment without effect. A second case was also fired in the same manner. Mr. Pitt having fired his pistol in the air, the seconds jointly interfered, and insisted that the matter should go no farther, it being their decided opinion that sufficient satisfaction had been given, and that the business was ended with perfect honour to both parties.

BETWEEN COL. HARVEY ASTON AND MAJOR ALLEN. December 23, 1798.

Died, at Madras, in consequence of a wound which he received in a duel with Major Allen, of which he languished about a week, Colonel Harvey Aston.

He had been engaged in a similar affair of honour, and on the same account, with Major Picton only the day preceding that on which he met Major Allen; but which was fortunately terminated by each party firing in the air, and a proper explanation taking place as to the offence.

162

BETWEEN MESSRS. COOLAN AND MORCAN. Dublin, March 13, 1800.

This morning two students of our University, Messrs. Coolan and Morcan, in consequence of an unhappy dispute the preceding evening, met in the fields near Harcourt-street. They fired at the same moment, when Mr. Coolan’s shot unfortunately took place in the temple of his antagonist, and killed him on the spot. The surviving combatant has been expelled the college, and the two seconds have been rusticated.

BETWEEN J. CORRY, ESQ. AND —— NEWBURGH, ESQ. May 10, 1800.

Yesterday a meeting took place on Drumcondra-road, between James Corry, Esq., of Lurgan-street, and —— Newburgh, Esq., in consequence of a dispute, and, as alleged, the provocation of a blow given by the latter to the former. The latter gentleman was accompanied on the ground by Captain Warring of the 24th Dragoons, as his second; the other by Mr. Weir, one of the attorneys.

Having taken their ground, the signal was given to fire. Mr. Corry’s pistol went off without effect, Mr. Newburgh’s missed fire. He was preparing to fire it afterwards, when his second called to him, telling him, the snap in duelling 163was considered as a fire. Both gentlemen were then provided with other pistols, and received the signal to fire again, which they did, and Mr. Newburgh was shot through the heart and expired.

Mr. Newburgh was the only son of Broghill Newburgh, of the county of Cavan, Esq. of an ancient family, and heir-apparent to an estate of 5000l. per annum.

Mr. Corry is an élève of the Speaker of the House of Commons, by whom he was placed in the lucrative situation of clerk to the Linen Board; a place which was enjoyed by his father, who was also a great favourite with Mr. Foster.

The deceased was upwards of thirty years of age, and married to the daughter of Mr. Camac, an East India gentleman, with a fortune of 30,000l. He was related to Lord Enniskillen, Lord Erne, Lord Gosford, and some other of the best families in Ireland.

Mr. Corry, who is some years younger, is a young gentleman of amiable and inoffensive manners.

BETWEEN MR. P. HAMILTON AND MR. G. I. EAKER. January, 1802.

A duel took place at New York, between Mr. P. Hamilton, son of General Alexander Hamilton, and Mr. G. I. Eaker; in which, at the first fire, Mr. Hamilton was shot through the body. He languished until the next day, when he died.

164

BETWEEN WM. HUNTER, ESQ. AND MR. DAVID MITCHELL. August, 1802.

At Savannah, William Hunter, Esq., fell in a duel with Mr. David Mitchell. The dispute had its origin in July last, in the county court, to the jury of which Mr. Hunter was foreman, in a cause in which Mitchell was counsel. During the trial, it appearing to Mr. Hunter that the examination of the evidence was not conducted by the counsel with that impartiality which justice required, he addressed a few words to the court, when Mitchell got up and observed, that Mr. Hunter was very officious on the occasion. Mr. Hunter replied, that the officiousness of jurymen was not to be compared with the impertinence of some attorneys.

There the matter rested till August 9th, when Mitchell attacked Mr. Hunter in the street with a large bludgeon. Mr. Hunter, having nothing to defend himself with, after receiving four blows and attempting unsuccessfully, at the same time, to seize Mitchell by the collar, said, “Mr. Mitchell, I am unarmed; I must retreat unless you lay aside your weapon.” Mr. Hunter then retreated to Dr. Kollock’s for a cane, but could not procure one. By this time some of the inhabitants interfered. The same evening Mr. Hunter sent Mr. Mitchell a challenge, who, after much equivocation, accepted it. Dr. Kollock 165was Mr. Hunter’s second, Major B. Maxwell was second to Mitchell. Mr. Hunter fired first, and hit Mitchell on the hip; Mitchell missed Mr. Hunter. Mr. Hunter’s second fire hit Mitchell on the groin also, without penetrating the skin; but Mr. Hunter received Mitchell’s second ball in his right breast. Mr. Hunter immediately turned, and exclaimed, “I am a dead man;” and as Drs. Glenn and Kollock caught him in their arms he asked for a glass of wine and expired.

BETWEEN LIEUT. W——, R.N., AND CAPT. I——, OF THE ARMY. March, 1803.

This morning a most extraordinary duel took place in Hyde Park, between Lieutenant W——, of the navy, and Captain I——, of the army.

The antagonists arrived at the appointed place within a few minutes of each other. Some dispute arose respecting the distance, which the friends of Lieutenant W—— insisted should not exceed six paces; while the seconds of Captain I—— urged strongly the rashness of so short a distance, and insisted on its being extended. At length the proposal of Lieutenant W——’s friends was agreed to, and the parties fired per signal; when Lieutenant W—— received the shot of his adversary on the guard of his pistol, which tore away the third and fourth fingers of his right hand. The seconds then interfered to no purpose. The son of Neptune, apparently callous to 166pain, wrapped his handkerchief round his hand, and swore he had another, which never failed him. Captain I—— called his friend aside, and told him it was in vain to urge a reconciliation. They again took their ground. On Lieutenant W—— receiving the pistol in his left hand, he looked steadfastly at Captain I—— for some time, then cast his eyes to heaven, and said, “Forgive me.” The parties fired as before, and both fell. Captain I—— received the shot through his head, and instantly expired. Lieutenant W—— received the ball in his left breast, and immediately inquired of his friend if Captain I——’s wound was mortal? Being answered in the affirmative, he thanked Heaven he had lived thus long. He requested that a mourning ring, which was on his finger, might be given to his sister; and that she might be assured it was the happiest moment he ever knew. He had scarcely finished the word when a quantity of blood burst from his wound, and he expired almost without a struggle.

The unfortunate young man was on the eve of being married to a lady in Hampshire, to whom for some time he had paid his addresses.

BETWEEN LIEUT.-COLONEL MONTGOMERY AND CAPTAIN MACNAMARA. April 6, 1803.

As Lieutenant-Colonel Montgomery and Captain Macnamara were riding in Hyde Park, each 167followed by a Newfoundland dog, the dogs fought; and Colonel Montgomery, who did not see that Captain Macnamara was near, after separating the animals, exclaimed, “Whose dog is that? I will knock him down!” To which Captain Macnamara replied, “Have you the impudence to say that you will knock my dog down? You must first knock me down.” An altercation ensued, an exchange of cards followed, and an appointment to meet at 7 o’clock in the evening, near Primrose Hill; the consequence of which proved fatal. Captain Macnamara’s ball entered the right side of Colonel Montgomery’s chest, and taking a direction to the left, most probably went through the heart; he instantly fell, without uttering a word, but rolled over two or three times as if in great agony, and groaned. Colonel Montgomery’s ball went through Captain Macnamara, entering on the right side, just above the hip, and passing through the left side, carrying part of the coat and waistcoat in with it, taking part of his leather breeches, and the hip button, away with it on the other side.

Colonel Montgomery was carried by some of the persons standing by, into Chalk Farm, where he was laid on a bed, attended by Mr. Heaviside. As they were carrying him, he attempted to speak and spit; but the blood choked him. His mouth foamed much; and in about five minutes 168after he was brought into the house, he expired with a gentle sigh.

Captain Macnamara was a naval officer, who has much distinguished himself in two or three actions, as commander of the Cerberus frigate. He had lately returned from the West Indies; and his ship was, about two months ago, paid off at Chatham. He was about thirty-six years of age; a strong, bold, active man. He had fought two or three duels before; and was remarkable at Cork, for keeping the turbulent in awe.

Colonel Montgomery was Lieutenant-Colonel of the ninth regiment of foot, son of Sir Robert Montgomery, of Ireland, and half-brother of Mrs. George Byng, and the Marchioness Townshend. He was a remarkably handsome man, and he had, also, fought bravely in the service of his country. In the Dutch expedition, the Russians being put to flight, his regiment was thrown into confusion, and retreated, in consequence of the Russians falling back upon them. At this time a drummer was killed, and Colonel Montgomery took up the drum, beating it to rally his men, he himself standing alone. He succeeded in rallying them, and at their head rendered essential service. On several occasions, in Egypt and Malta also, he had distinguished himself by his courage and spirit. He was very intimate with the Prince of Wales and the Duke of York. The former shed tears on being apprised of the melancholy end of his friend.

169Colonel 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 170warrant 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.”

171

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 172answered, 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 173words 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 174breast, 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 175one 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 176often 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 177sacrifice 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 178by 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 179fired 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 180only 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.

181

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 182of “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.

183

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, 184but 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, 185if 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 186advise, 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 187giving 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 188sure 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 189Alexander 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 190not 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.

191On 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 192heard 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 193God! 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 194his 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.

195The 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 196the 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 197in 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 198a 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 199of 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 200of 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 201at 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 20,000l. 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 202outer 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 203in 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 204on 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 14,000l. per annum. In that settlement, the whole now goes to his eldest son, except 500l. a year to his widow, and 10,000l. 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. 205Payne, 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, 206of 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 207next 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 208was 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.

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 209after 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.

210

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 211Mr. 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 212same 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 213guarantee 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 214ground. 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 215both 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 216know 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 217placed 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.

218

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 219hastened 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, 220who 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.

221

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.

222

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 223the 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.

224

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 225he 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 226supported 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 227sprung 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, 228in 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 229Lane, 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 230the 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 231hitherto 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 232would 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.