Chapter II · (continued 3)

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

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

Mr. Arabin admitted that there was no doubt 233about that; but he appealed to the magistrate to feel as a man, a gentleman, and as a lawyer.

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

The other learned counsel was heard in favour of the prisoners. Mr. Nolan said their only motive for the application in behalf of the prisoners was, that they would be more comfortable where they had been, during the night, than in Newgate. Mr. Birnie observed that he did not know that magistrates had anything to do with coroner’s inquests. Mr. Nolan said that if the magistrate 234complied with the application, no mischief, public or private, could happen. The magistrate observed, that it was in evidence before him, that one of the king’s subjects had been deprived of life, and primâ facie it was murder. He had now made up his mind: the prisoners must all be committed to Newgate to take their trials for the murder of Lieutenant Bailey; and he was convinced that the three learned gentlemen would allow that he had decided right.

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

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

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

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

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

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

On the 23rd of March, while Captain Johnston was on the main-guard duty at Gibraltar, a report 236was made to him, that five individuals had been taken into custody by a sentry, on their way home from the play, for being without lights, contrary to the garrison regulations. Captain Johnston immediately ordered a sufficient number of men to see them home. In about ten minutes the police-sergeant who accompanied them, returned with three of the five in custody; and acquainted Captain Johnston that Archibald Taylor had endeavoured to escape from the sentry, and had made use of provoking and abusive language to him. Having, upon inquiry, found the report to be correct, Captain Johnston ordered the offender to be confined in the Crib; an order which he resisted, and used very offensive language to Captain Johnston himself. At this time Captain Johnston was not at all aware that he was an American. Taylor demanded satisfaction for the treatment he had received; but the Captain considered that he had merely acted in conformity with his duty, reported the whole affair to the field-officer, who approved of the course that had been pursued, and ordered Taylor to be continued in confinement.

In the morning Mr. Taylor was released; and upon the circulation of a report, two days afterwards, that Captain Johnston had declined to meet him or the American consul, who was said to have offered “to stand in his shoes,” the former 237having been obliged to sail immediately with the vessel of which he was master. Captain Johnston applied to the Consul for an explanation; when that gentleman disavowed any knowledge of the reports in question, and gave the Captain his thanks for the gentlemanly conduct he had evinced in the business.

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

“Erie Sloop, March 3rd 1819.

“Sir,

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

(Signed) Benjamin T. Browne.”

Mr. Browne was surgeon of the Erie. Captain Johnston instantly accepted the challenge; and the next morning, a meeting took place between them, upon the neutral ground; Captain Johnston 238having distinctly disavowed making any boast with regard to Mr. Taylor. The arrangement made by their mutual friends on the ground was, distance eight paces, the word to be given, “Are you ready, gentlemen?” and, on assent being given, both to fire, after a pause for taking aim, while one, two, three, could be counted. On the first fire Captain Johnston received his opponent’s ball through his hat. They were handed pistols a second time. The Captain fired; but Mr. Browne reserved his fire so long, that the friend of the former exclaimed, “That is not fair!” on which he fired. Captain Johnston expressed his indignation at the reservation of fire by his antagonist. After some warm language on both sides, the third discharge took place, without effect; and on the fourth,—which was rather hurried, in consequence of the approach of a sergeant’s guard,—Captain Johnston’s ball took effect in Mr. Browne’s thigh. His friend, Mr. Stockton, immediately took up the ground, desiring Captain Johnston to keep his. They were about proceeding, when the sergeant’s guard reached the spot, and prevented any further progress at that time.

Mr. Stockton insisted on meeting Captain Johnston the next morning, at five o’clock; to which the latter agreed, and returned to the garrison. Captain Johnston was prevented from meeting in the morning, from the circumstance of his 239having been put under arrest, and an order of garrison being made, that no officer should be permitted to pass the barriers, in coloured clothes or otherwise; he, however, contrived to elude the vigilance of the guard in the afternoon, and at half-past four met Mr. Stockton at St. Michael’s Cave.

The seconds instantly entered into conversation as to the mode of firing. Mr. Stockton’s friend proposed that they should, on receiving the word, take an unlimited time for aim. This was objected to by Captain Johnston’s friend as sanguinary, and at variance with those principles of honour upon which such meetings are founded. Some argument followed, which ended in a determination to decide by chance which mode should be adopted. The result was favourable to the more humane course; but the time which was lost in the dispute exposed them to the interruption of the guard, which was seen approaching. It was now discovered that Mr. Stockton had no pistols, and one of Captain Johnston’s was borrowed for his use. Having taken their ground at the distance of eight paces, Mr. Stockton proceeded to take a steady aim, by resting the barrel of his pistol on his left hand. Captain Johnston’s friend objected to this; and again the American endeavoured to justify that very unusual mode of deciding such matters. At length the guard was seen within a hundred 240paces, and Captain Johnston desired that the affair might proceed in the usual manner. This was agreed to, and the discharge took place: the ball of Lieutenant Stockton’s pistol passed through Captain Johnston’s great coat; and, before a second fire could take place, the guard came up and interfered.

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

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

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

The following are the particulars of a fatal duel which took place at Montmartre, near Paris, on the 6th of October, between Captain Pellew and Lieutenant Walsh:—Mr. Walsh not long since exchanged from the Life Guards, in which corps Captain Pellew held his commission. Previously to Mr. Walsh’s quitting the regiment, he had resided with his wife a good deal in the barracks in Hyde 241Park; where, being young and thoughtless, she unhappily received with too much readiness those attentions which military men too often think themselves at liberty to pay to every female. The consequences were such as might be expected to result from such infatuation. A close attachment was formed between Captain Pellew and the lady; and at length, in a fatal moment, she agreed to sacrifice her character, by eloping with the object of her blind affection. About a month before the duel she went off with him from her father’s house, where she had been residing for some time, during the absence of her husband. They repaired to Paris, whither they were followed by Mr. Walsh; he preferring what is called the satisfaction of a gentleman, to pursuing any legal means of redress. A meeting was arranged: the distance agreed upon was twelve full paces, and they were to fire together by signal. When that was given, the pistol of Mr. Walsh was immediately discharged. Captain Pellew did not fire; and it is said he never intended to do so. Mr. Walsh’s ball passed through the right temple into the brain of Captain Pellew, who instantly expired.

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