Star. — London, England, 1818-01-17 00:00:00

OLD BAILEY. FATAL DUEL. rusruss PARTICOI./. Yesterday Theodore O'Callaghan, Thomas Joseph Phelan, and Williams Newbolt, were put to the bar, accused of the wilful murder of Lieutenant Edmund Bail y, by shooing the said Edmund Bailey with a pistol, or other deadly weapon, in a duel on Monday last, the I2th instant. They severally pleaded Not Guilty. The body of the Court and the galleries were crowded to excess, in consequence of the great interest excited by the trial. At ten o'clock Mr. Justice Pitax and Mr. Justice Assort. took their seats on the Bench. Mr. Justice PAR:L.—Gentlemen of the Jury, I un dersisuid there is no Counsel engaged for the prose cution, and therefore it will be absolutely necessary for me to read over the depositions that I may be prepared to conduct the case. They have only this moment been put into my hands, but I shall not de liy you long by reading them over. The following evidence was then adduced : William Adams, residing at Little Chalk Farm, in the parish of llampstead, gave evidence of the same facts as before derailed in our report of the Coro ner's Inquest. bq Mr. Not.AN.—At the time the parties surrendered;it was said by Bailey, and indeed' several times, that none of them were to blame. Bailey named the person who was to blame, but wit ness thought it might be prudent to conceal his none. By the Court.—Your caution is very prover, Sir, but what did he say ? Witness.—Bailey said thr quarrel had originated with another person, whom he named. George Rodd, Surgeon at Hampstead, also gave , evidence of the same particulars mentioned before. Cross-examined by Mr. Batuaco..-They all Chewed the deceased every attention, and gave every assistance to the Surgeon. Thomas Hunt, the Constable, was the next witness. Mr. Justice PAnx.—Gentlemen of the Jury,l have called this v.itr.ess, not because I think one single fact can be elicited by his examination, but because I apprehend the Learned Gentlemen who act as Counsel for the Gentlemen at the bar, might have wished to ask him some questions. No questions, however, were asked. • George Nevi!, of the Tax Office in Somerset-place, was r.ext called. He corroborated the evidence of Mt. Adams, but stated nothing new. This closed the evidence in support of the• prose cution. ------- The prisoners being asked whether they had any thir.gto offer in their defence, Mr. Noel, the attor. handed a paper to Mr. O'Callaghan, which the latter presented, and it was read by the officer of the Court. The following is a copy of this paper : "My Lord, and Gentlemen of the' Jury—l never. I assure you, apprthended that I should appear in a Court of Justice to strait tur the commission of a criuse, because I ben never had any disposition to criminality. I have only to add the expres sion of my confidence in your justice and liberality; and that you will Wine me, in this my solemn declaration, that no one alir-c, however closely connected with the gallant man who is now no more, eau more ilccp!y lament than I do the unfortunate calamity that Las brought me to this bar." The other two Gentlemen said nothing, but left their defence to their witnesses for character. Lieutenant-Colonel Murray had known Mr. O'Cal laghan ever since 1813. He was a man of a remark aaly quiet temper, and amiable peaceable manners. John O'Connel, Esq. had long known Mr. O'Cal ltgl:an, and was at school with him. He was a very quiet man, and witness never knew him disposed to quarrel with any one. Charles Stewart Radford, subaltern in the army, has known Mr. O'Callaghan since June, 181.5. He was much distinguished for humanity and mild manners. _ _ _ _ _ Mr. Baldwin, bookseller, has known Mr. Newbolt since the late Peace. He was gentleman-like in his planner, and by no means disposed to quarrel, but every thing the contrary. Robert Carlon Esq. has known the same Gentle man from his bir th, and gave him a most excellent character for bravery, mildness and humanity. Lieutenant Burn confirmed the preceding witness, and added he was more disposed on every occasion to act as a mediator'than a fomenter of quarrels. Captain John Allan, Royal Navy, has known Mr. Newbolt, who served with h!m, and was always dis tinguished for amiable manners and affectionate dis position. Several most respectable individuals also gave the sante excellent character to Mr. Phelan. Mr. Justice PARX, precisely at sixteen minutes to twelve, commenced his charge to the Jury. He be gan by observing, that the three unfortunate Gentle men at the Bar stood charged with the wilful murder of Edmund Bailey, by shooting him in a duel. The crime, as laid in the indictment, was, as they would perceive, that of murder ; and the Jury., he had no doubt, were well aware, that the feloniously killing or taking away the life of another person, in order that the same should constitute murder, obviously supposed the person who had done so to tave acted from malice, either expressed or implied. It might h.! expressed by words, gestures, and actions, or im plied in the circumstances attending the transaction. Th., circumstances which accompanied this most un fortlnate and lamentable event now before the Court, v no doubt, fresh in the recollection of the Jury, ii he numerous audience ; but he should feel him. iadispensibly bound, nevertheless, to go over t ^nr, the way they had been detailed in evi dence, to prepare the minds of the Jury for after ward's applying to them the observations he should f -21 it his duty to make at the end of his recapitula von of the facts of the case. He had therefore no eliug ore to say till he had disclia:ged that part of Lis Oblic duty-.-(Here the Learned Judge at great length recapitulated the evidence).--He then ob : Tved, that, as in every other case, it was indispu tably clear, that all who were present in a case of murder, either aiding or abetting, were equally gu ilty with the person who committed the act. In a duel, for example, where a person might be killed by the firing of a pistol, and when others were pre rrat who acted as seconds to the combatants, the law held all of them equally guilty, though the trigger or the pi . stol was only drawn by one. So tender and careful was the law of England of th e li ves o r t h e Icing's subjects, that all homicide was supp ust q tq originate in malice, except Something directly the cont:ary was proved, or that such Circumstances had taken place as would fully take away the sting of malice. The law-had certainly very wisely, in many cases, provided different extenuation of the crime, which crime might properly be justified under pecu— liar circumstances. It was, however, for the Jury to say, whether, in the present unhappy and deplo rable cane, there were sufficient appearances to take away from it the sting of malice ? It was his public duty, however painful it might be to his own feelings, to state to them, as far as he knew from his various readings, what the law of the country was, as re gerded duels. It was particularly important he should do so now, as, from the crowded state of the Court, he sincerely hoped the law on that subject might be promulgated. Happy for society, happy for ineivi duals, would it be, that those persons, who thus voluntarily exposed themselves to danger, would re tett but for a single moment, not only on the awful ardy in which they placed themselves, but on the painful duties which they thereby rendered it neces sary for others to execute. They would probably feel more advantage from such a short but serious reflection than tongue could describe. In cases of duel, there was no necessity for malice, as in other eases of murder ; for, if in them a deliberate inten tion was shewn of doing bodily harm, under the pretence of vindicating injured honour, and if death should ensue, the law held that to be malice ; and this kind of malice came directly under the descrip tion of malice expressed. Lord Hale, one of the criminal lawyers of this country, and one of rb te eslof men that had ever adorned .society, had laid this down to be the law, and indeed it was well known to most of those who heard him, that in a re- i cent case, about ter. or eleven years ago, in the King's Bench, a most learned and amiable Judge, now no more, had fully laid down the law in the very same way, thinking it was proper to do so, in that man ner, for the benefit of the public. In his learned and valuable work, the Lord Chief Justice Hale held, that if A and B should fall out, and in the moment of passion fight a duel, that was not murder, but merely homicide; but if they should appoint a time to meet, and during the interval time was allowed for reflection and deliberation, then that was clearly murder. The very same opinion was held long be. fore Lord Hale's time, by Sir Edward Coke, who was Chief Justice of England in the time of James L Mr. Justice Foster also laid down the same opinion as law, for he considered duelling to be murder, as it •WaS in such cases founded on a principle of deep revenge. It was proper the Jury should observe the striking words of the Lord Chief Justice Hale, and apply them carefully to this case. The murder so committed, consisted, as that great and good man justly observed, in the deliberate act which was ma nifested by the time allowed to intervene between the quarrel and the revenge taken by the injured person. The same was the opinion of the late Mr. Justice Blackstone, a name familiar to every one. It was only justice to say, that when a man deliberately sought the blood of another for a private quarrel, he was completely guilty of murder, but if the duel was suddenly fought the crime was reduced to man slaughter. He hoped that in these quotations he had made himself intelligible to the Jury and the Court, and he would only again repeat his earnest wish, that the law in this case were more generally known.— With regard to the unhappy Gentlemen at the Bar, he felt himself bound to say on his solemn oath, that if the Jury were satisfied the crime was the effect of deliberation, the whole three were guilty of murder. It would be an insult to the Counsel for the prisoners, and an equal insult to the good sense of the Court and Jury, to throw out a single doubt respecting the deceased having been killed by Mr. O'Callaghan. To doubt that was morally impossible. If the Jury were satisfied the seconds, as they were called, were there, they were equally guilty with Mr. O'Calla ghan. From the evidence it was clear that they were there to see that, in the language of these gen demon of honour, fair play was used, but they were not there for the purpose of preventing it. In the daily newspapers cases were often seen, and seen with pain by every friend of humanity, of challenges being sent two or three days before the duel was bight. Such were cases of cool, wilful, deliberate murder, but it was the province of the Jury to say, whether such was the case here. Probably the quar rel might have begun at a tavern, or a theatre, and the individuals afterwards gone to the fatal spot with their blood warm. That was also for the Jury to consider. A higher character than that given to Mr. O'Callaghan could not be given to any man.— It appeared he was the friend and companion of the deceased. Perhaps he had been insulted by the de ceased, and felt, as every man more or less did, that the stings of a friend are more severe and goading than those of an enemy. On this ground he might have felt the reproaches of his friend to be painfully oppressive, and might therefore, in the moment of irritation, have gone to the field without thinking what he was doing. The time allowed to deliberate might not have been granted, but the Jury had to determine that. If; on the whole of the case, the Jury entertained honest and conscientious doubts. they would, of course, give the prisoners the bends of them, especially considering the very excellent characters they had received ; and he was sure, in no instance ever before a Court, had a better cha racter been given to ag person than had been given to the whole three. They were respectable in their appearance, and they had called a most respectable host of witnesses to character. One observation mere and he should conclude. it was to be deeply I lamented that men, who had borne such ad:tin:l)le characters for humanity and gallantry in the service of their King and country, should have so far forgot not only their duty to the country, but to themselves, as rational, intell:gent, immortal beings, as to expose not only their own lives to danger, which lives they had received from an all-merciful CRrATOIt i but alto to expose another individual to the awful peril of rushing into the presence of ALMIGE7Y Gon, in an unguarded and perhaps unprepare d moment. That was an alarming idea, to wh ich would be well for such persons in all time coming to attend ; yet it was most lamentable to see the present spirit of the tiraes for duelling. Such were the observations he had felt himself bound to make, and such was the painful nature of the case before the Jury. They were now to decide—they were now to declare whether the Gentlemen concerned in this most deplorable tran saction were guilty of Murder or Manslaughter? The case was of the deepest impartarce. It was impor tant to the public4-ineportant to tae priscner.c. -----ate pily it was in the hands of the Jury; and he trustel sincerely from his soul, that that Lion wLo searched the hearts of the childitti of men, would lead them to a right verdict. To acquit the prisoners was im possible. The only verdict was that of guilty of Murder, or merely of Manslaughter—" May GOD lead them to do right." The Learned Judge concluded this most impres sive address precisely twenty-seven minutes after twelve, and the Jury then retired to consider their verdict. While they were out the prisoners sat down in the box, and appeared deeply involved in thought. In fourteen minutes the Jury returned, finding them guilty of—Manslaughter. The punishment annexed by law to this offence is fine and imprisonment, not exceeding twelve months. The verdict seemed to give high satisfaction to the Court, which was the most crowded we ever saw. During the trial Mr. O'Callaghan seemed particu larly melancholy, and the deepest regret for this unfortunate event was apparent in the other Gentle men. On hearing the verdict they retired, after bowing to the Court. The pistols used on the occasion, and which are of the first manufacture, were seized by the Under- Sheriff, as a deodand. The following prisoners were capitally convicted : William White and John Read for stealing a sheep, the property of Messrs. Snow and Paul. Mary Gilderslerres for stealing various articles of wearing apparel, value 40s. and upwards, in a dwel ling-house.—The following were convicted of felony : Williams and J. a Perkins, for stealing two pieces of rib- Qard i W. Benham, J. Lodge, W. Nicholls, W. Belcher, T. lAvirerce, J. Riley, Louisa Kemble, Catherine Brown, J. Hearn, Ann Pilkington, and Mary GUIs, for having fo rged I notes in their possession without lawful excuse ; Eliza. Double, I for stealing four ore pound Bank notes; W. Evans„ for stea li ng two lbs. of wool ; J. Francis, fur stealing a sheet; W. Cock, for stealing a pint pot ; and R. Xerswell, for stealing two saws.— And three were acquitted, tit. J. Wilson, J. Clart,'and Welch. C tr--Yesterday an information was heard and determined before Alderman Btacn a 'at Guild- I hall, against a coal carman, for refusing to measure coals carted by him agreeable to act of Parliament. Mr. Underwood, of Bartlafs•buildings, said, that he gave an order for three chaldrons and a half of Foals, which he expected would produce 45 sacks full measure ; that when the tickets were given him, he thought he would have our sack measured, and desired his man, before the waggon. was unloaded, to see one measured; but the carman immediately emptied four or five sacks before he could get him to measure one. At length he emptied one on the pavement, and called to his companion to come and measure it, which he did, and with' all the coals which laid round the coal-hdle mouth, this sack wanted above a peck of the measure. The witness seeing this, and suspecting they were all alike, went to get the sworn meter; but before he returned, the waggon was gone with the remainder of the coals. This state ment being corroborated by other witnesses, the Al derman convicted the defendant in the penalty of 81. for one sack, which was paid immediately. Martusoaonott-sraaer.--Yesterday David Evens, who had been examined before on Thursday, charged with the murder of his wife, was again examined, when several new wit nesses appeared against him. The prisoner who is a Welshman, appeared very much agitated on being brou ght into the Office. John Davis, residing neat door to Evans, and a fellow-labourer °this In the soap business, said, that he, the prisoner, and two lather mat, were dhdring together at the Phoenix pnblie-house on ' Saturday east. F}olll the Phanix they went to the King's Head, io Crowns-strset, Soho, where they remained drinking until be tween twelve aid one o'clock on Sunday morning, and then they About ten o'clock, a man named Williams, who worked L are t t ht same mannfactery, called upon witness, and told Mtn that Evans, being locked up in his room, could not maw to work ; upon which witness gave him the key of his own room, thinking that It might perhaps open that of the prisoner. Witness soon after went to the lodgings of Evans, and was asked out by him to take some beer, together with Williams. Evans not coming out with him immediately, he went back for hint, and asked where his wife was ? when be replied, that she was in bed. Witness re marked, that it was a hte hour of the day to be in bed ; and go- ing into the roam where she usually slept, saw her stretched upon her back in bed. The body looked rather strange The mouth was half open ; bat the prisoner not having mentioned any thing about her death, It did not occur to him at the moment. — witness put his hand upon her faoe, and finding it quite cold, be exclaimed, " Good Goo! Mr. Evans, your wife is dead!"—The prisoner said, " I hope not; " and, leaning over the bed, began to kiss the corpse, saying at th same time, that he had not spoken to her sines seven o'clock, when he put her to bed, and applied warm bricks to her feet. He saw no blood upon her face. The floor appeared as if tangy washed. On the Monday following, witness, together with the prisoner, went to the house of Mr. White, an undertaker. Evans informed White that his wife had died suddenly, having weakened her constitution by excessive drinking. Witness, before going to the undertaker's, took the me more of the corpse with a string, and it was laid out by his wife, together with two other women. On the Thursday fol io sing the prisoner gave witness a bundle, desiring that be should ta ce it home to his wife for the purpose of having it washed. s wife was not in the habit of washing for the prisoner. The co lin was brought about seven o'clock on Thursday evening. One of the lodgers, on seeing it brought in, exclaimed—" man certainly murdered his wife on Saturday night : here is the cram arrived to take her away !"—The undertaker and his man went into the room, and one of them having raised the cap off the head of the deceased, witness perceived some blood upon the bead. The first bundle Evans gave him was washed, but his wife afterwards received another, which was taken by an Mee In the same state in which it was delivered, witness having war ned his wife not to wash it. Mrs. Davis, wife to the last witness, said, that on hearing of the death of Mrs. Evans, she went to her lodging, and new the pence." , leaning OW her, and kissing her face. The pelsesure confessed that he beat her severely, that he afteswards washed her, put on clean Keen, and placed ner in bed. The bundle which i l witness received from her husband for the purpose of washing it contained three petticoats, a gown, au apron, a atik handkerchief, a riband, a cap, and a pair of stays. They were all wound closely together. She put them into a tub of water to steep, and after remaining in it for souse time, the water appaared as if stained wish blood, and the cap had two cuts in it. Muir thc coffin was brought the prisoner gave her another bundle, but it was not washed. About one o'clock on Sunday morning, :be saw two men and a woman together with the prisoner and his wife as the dem: Mrs. Evans was endeavouricg to bring in her husband, who seemed to be quaird.ling with the other men. Mrs. Jones said, that, by the directi.m of the prisoner, she took the ear-rings from the deceased. While endeavouring to get them out of her ears, she perceived a bruise upon the tide I .1.1 the head. Mrs. Maddest, upon hearing of the death of Mrs. Evans, went to her lodging,. Upon appl)ing her hand to the face she found it cute warm, but upon t: :al she Inurd that the heart Wall not heattly. Oho railed to Evans, the husband, and saki—" 'Feel her hart, and try whether it beau." Evans put his hand to the hart of the deceased, attd said—" Ah ! no—it will never bra again !" • Mr. Vhite, the endertalzer, said, that the prisoner, whom he knew before, and another man, came to his house to agree for a elfsr. He asked taw Mrs. h'vans was? and the prisoner ans wereu.....*. Very weil;" but he collected, at the same time, from the man who was with Lim, that she was dead; and the prisoner afterwrztis said, that alts died of excessive drird..irg, and that he 11111 'death La her face for tcvera! days. When witness brought the colfut to the door, it was immediately opened, without being at all imoehad at by him or hic nun. When the body was raised t.p to be plar.td in the ca n, he saw some spate of blood upon t t.oltt-r, and Es JS.S eXITIC to trembly very much. :Ir. .tr3tLetary, said, that h: cssul.cd the body , ' X . / ,I .• taken place as would fully take away the sting of plly it was in tl I : _- OLD BAILEY. malice. The law-had certainly very wisely, in many sincerely from -- cases, provided different extenuation of the crime, the hearts of to 1 ' FATAL DUEL. which crime might properly be justified under rime— to a right verd I roasts PAIITICOI.ARI. liar circumstances. elt was, however, for the Jury possible. The Yesterday Theodore O'Callaghan Ti , --emu Joseph to say, whether, in the present unhappy a nd d eplo - M urder, or m Phelan, and William Newbolt, were put to the bar, relate nese, there were sufficient appearances to take lead them to di ti accused of the wilful murder of Lieutenant Edmund away f rom i t t h e st ing of malice ? It was his public The Learned '' ' .k , Bail y, by shafting the said Edmund Bailey with a M duty, however painful it might be to his own feelings , sire address r ..; pistol, or other deadly weapon , in a duel on onday to state to them, as far as he knew from his various twelve, and tl last, the 12th instant. They severally pleaded Not readings, what the law of the country was, as re- verdict. While ~ . " Cou rt '' . low Guilty. The body of the and the galleries gar dedduels. It was particularly important he should in the box, and were crowded to excess, in consequence of the great do so n, as, from the crowded state of the Court, In fourteen mu : li, interest excited by the trial. he sincerely hoped the law on that subject might be guilty of — Mai At ten o'clock Mr. Justice PARK and Mr. Justice promulgated. Happy for society, happy for ineivi- The punishn , Assort took their seats on the Bench. duals, would it be, that those persons, who thus fine and impris Mr. Justice Nein—Gentlemen of the Jury, I un- voluntarily exposed themselves to danger, would re- The verdict , I e , derssand there is no Counsel engaged for the prose - fleet but for a single moment, not only on the awful Court , which s '.`• cution, and therefore it will be absolutely necessary jeopardy in which they placed themselves, but on the During the t - e for me to read over the depositions that I may be painful duties which they thereby rendered it neces- larly melanchc prepared to conduct the case. They have only this sary for others to execute. They would probably unfortunate ere moment been put into my hands, but I shall not de- feel more advantage from such a short but serious men. On hen lay you long by reading them over. reflection than tongue could describe. In cases of bowing to the I S . . The following evidence was then adduced : duel, there was no necessity for malice, as in other The pistols u . , , :e , William Adams, residing at Little Chalk Farm, in cases of murder ; for, if in them a deliberate inten- the first manu the parish of Hampstead, gave evidence of the same lion was shewn of doing bodily harm, under the Sheriff, as a d( e , . facts as before derailed in our report of the Coro- p r etence of vindicating injured honour, and if death The followin • ~1 ner's Inquest. should ensue, the law held that to be malice ; and William Whi Cross-examined b y Mr. NOLAN.—At the time the this kind of malice came directly under the descrip. the property of Iparties surrentlered;it was said by Bailey, and indeed then of malice expressed. Lord Hale, one of the Mary Gilckr4 '' several times, that none of them were to blame. criminal lawyers of this country, and one of wearing appars .111 Bailey named the person who was to blame, but wit- al:abtee: of men that had ever adorned .society, had ling-house.---T nest thought it might be prudent to conceal his name. laid this down to be the law, and indeed it was well •./. Williams and I ' By the Court.—Your caution is very proper, Si;, know n to most of those who heard him, that in a re- vi• &silli but what did he ray ? e s it cent case, about ter. or eleven years ago, in the King's wrence, . Hearn, Ann Pilk Witness.—Bailey said the quarrel had eriginated Bench, a most learned and amiable Judge, now no aOtef in their pox* , i i with another person, whom he named. more, had fully laid down the law in the very same for stealing four a George Rodd, Surgeon at Hampstead, also , gave way, thinking it was proper to do so, in that man- t a w e llbh a of evidence of the same particulars mentioned before. ner, for the benefit of the public. In his learned and Am an n i 4i, n ~,t t were Cross-examined by Mr. Sheaved the deceased every attention, and gave every that if A and B should fall out, and in the moment a C mon* et. assistance to the Surgeon. Bott.mcn.—-They all valuable work, the Lord Chief Justice lisle held, of passion fight a duel, that was not murder, but and determine Thomas Hunt, the Constable, was the next 'fitness. merely homicide; but if they should appoint a time hall, against a Mr. Justice Pene.--Gentlemen of the Jury, I have to meet, and during the interval time was allowed coals carted by called this witr.ess, not because I thirsk one single for reflection and deliberation, then that was clearly Mr. u n d eree ' .., fact can be elicited by his examination, but because murder. The very same opinion was held long be. he gave an ord I apprehend the Learned Gentlemen who act as fore Lord Hale's time, by Sir Edward Coke, who Coals, which I 4 Counsel for the Gentlemen at the bar, might have was Chief Justice of England in the time of James L full measure ; I I No questions, however, wished to ask him some questions. M r. Justice Foster also laid down the same opinion he thought he / as law, for he considered duelling to be murder, as desired his ma I , • • George Nevi!, of the T were asked. ax Office in Somerset-place, it -yeas in such cases founded on a principle of deep to see one me i was next called. fie corroborated the evidence of revenge. It was proper the Jury should observe the emptied four • '• Me. Adams, but stated nothing new. cution. strikinuo t rds of the Lord Chief Justice Hale, and to measure one 1 This closed the evidence in support of the prose- apply carefully to this case. The murder so pavement, and committed, cor.sisted, as that great and good man measure it, whi The prisoners being asked whether they had any justly observed, in the deliberate act which was ma- laid round the , thir.g,to offer in thew defence, Mr. Noel, the actor - nifested by the time allowed to intervene between the above a peck s nay, hai i i .t c . l , ela ec cape d r latter p • i tc' t w i ls ir r . ea ' si b l y ia & h e oEfi w cer hi ch of thethe qu arrel sameand the re th v e en ia g i e n t i a oa ke e n f by th l e at in e jure r d p j e a rso stic n. e this, and suspe• was the the sworn mete Court. The following is a copy of this paper : Blackstone, a name familiar to every one. It was was one with i g "My Lord, and Gentlemen of the' Jury—l never , I assure Only justice to say, that when a man deliberately meat being cor you, apprehended that I &Soria appear in a Court of Justice to sought the blood of another for a private quarrel, he d aIIIVItt tur the commission of a alai*, because I have never had erma n convici any disposition to criminality. I have o! to add the expert- was completely guilty of murder, but if the duel for one sack, w efi e injustice and and that six of roy es dene your liberality; was suddenly fought the crime was reduced to man- MARLBOROU you will Wane ow * in this my solemn deciausiani &kat ria one slaughter. He hoped that in these quotations he had who had been ran &lire, however closely toanect,:d with the gallant man who is made himself . 12 gi to the ury and the Court, i telli 'lsleJ murder of Ms wife. now no more, can more ilcepiy lament thsu Ido the unfortunate m i l calamity that Las brought me to than bar." and he would only again repeat his earnest wish , that newel appeared all The other two Gentlemen said nothing, but left the law in this case were more generally known,— appeared very tout John Davis, real 4 their defence to their witnesses for character. With regard to the ur.happy Gentlemen at the Bar, dee l e t h e wep t Lieutenant-Colonel Murray had known Mr. O'Cal- he felt himself bound to say on his solemn oath, that other mac, were d Laghan ever since 1813. He was a man of a remark- if the Jury were satis fi ed the crime was the effect of _!ar . ,‘ l ; 4l 7' last Fr in Crows -strect, aaly quiet temper, and amiable eeaceable manner'. deliberation, the whole three were guilty of murder. tavern twelve aid , John O'Connel, Esq. had long known Mr. O'Cal- It would be an . insult to the Counsel - for the prisoners, parted. About to leghan, and was at school w i th him. He was a very and an equal insult to the good sense of the Court In the same manot I quiet man, and witness never knew him disposed to and Jury, to throw out a single doubt respecting Evans, being lock quarrel with any one. the deceased having been killed by Mr. O'Callaghan. C I u which %Vitali t might perk; Charles Stewart Radford, subaltern in the army, To doubt that was morally impossible. If the Jury titer went to the I i has known Mr. O'Callaghan since June, 181.5. He were satis fi ed the seconds, as they were called, were take some beer, to was much distinguished for humanity and mild there, they were equally guilty with Mr. O'Calla- with Kim immedia hls wife Wai ?wise manners. ghan. From the evidence it was clear that they marked, that it w i:r. Baldwin, bookseller, has known Mr. Newbolt were there to see that, in the language of these gin- jug into the room 1 since th e late Peace. lie was gentleman-like in his tlemen of hon o ur , fa i r pl a y wa s used, but they were ties back in bed. i - ;tanner, and by no means disposed to quarrel, but not there for the purpose of preventing it. In the *Math Wal halter every thing the contrary. daily newspapers cases were often seen, and seen ritgeesabos pat hale, 1 Robert Carlon Esq. has known the same Gentle- with pain by every friend of humanity, of challenges exekime r' d, „ Cm man from his birth , and gave him a most excellent being sent two or three days before the duel was prisoner said, ~ I I character for bravery, mildness - and humanity. fought. Such were cases of cool, wilful, deliberate kiss the corpse, cal u t Lieutenant Burn con fi rmed the preceding witness, murder, but it was the province of the Jury to say, to her si b not seven to he 1.• and added he was more disposed on every occasion whether such was the case here. Probably the quer- B ow appeared as i to act as a mediator'than. a fomenter of quarrels. tel might have begun at a tavern, or a theatre, and witness, together 1 . f Captain John Allan, Royal Navy. has known Mr. the individuals afterwards gone to the fatal spot White, an undens .. 1, - i Newbolt, who served with lAns, and was always dis- with their blood warm. That was also for the Jury a te tinguished for amiable manners and affectionate die- to consider. A higher chara kin cter than dri ci a auddenz:, ha that given to me cure the tneelo position. Mr. O'Callaghan could not be given to any man.— wife, together wi . ‘ Several most respectable individuals else gave the It appeared lee was the friend and companion of the losing*. prisons , same excellent character to Mr. Phelan. . deceased. Perhaps he had been insulted by the de- teleri it borne to is .. ts lle was not e' ' Mr. Justice PARK, precisely at sixteen minutes to ceased, and felt, as every man more or less did, that ce unw was brougl t'i twelve, commenced his charge to the Jury. He be- the stings ef a friend are more severe and goading on, of the lodger, ran by observing, that the three unfortunate Gentle- than those of an enemy. On this ground he might MAO certainly mill . i ,' men at the Bar stood charged with the wilful murder have felt the reproaches of his friend to be painfully cam arrived torts Into the i at' Edmund Bailey, by shooting him in a duel. The oppressive , and might therefore, in the moment of the head 1 of the (it crime, as laid in the indictment, was, as they would irritation, have gore to the field without thinking bead. The first perceive, that of murder ; and the Jury, he had no what he was doing. The time allowed to deliberate wife afterwards re • te, ? ; . doubt, were well aware, that the feloniously killing might not have been granted, but the Jury hail to lethLse!Le state i or taking away the life of another person, in order determine that. If; on the whole of the case, the "`"'""' ' l° " 1 % Davis, i ' that the same should constitute murder, obviously Jury entertained honest and conscientious doubt& t h e d eat h of k r& supposed the person who had done so to tare acted they would, of course, give the prisoners the benefit renew luaus 41 • ' . 1 •ficen malice, either expressed or implied. It might of them, especially considering the very excellent confessed that he he expressed by words, gestures, and actions, or un- characters they had received • and he was sure, in k caps tut titan I wireceived f • . plied in the circumstances attending the transaction, no instance ever before a Court, had abetter eha- =tamed three p , 1 '1".1! circumstances which accompanied this most un- meter been given to a n y il person than had been given a riband, a cap, at I, . = , fortunate and lamentable event now before the Court, to the whole three. ey were respectable in their together. She Pt r i , v.-n, no doubt, fresh in the recollection of the Jury, appearance, and they haff called a most respectable re th maining in it as : a- dhe numerous audience ; but he should feel him- host of witnesses to character. One observation beroiugbht the C s'2.'.l iadispensibly bound, nevertheless, to go over mere and he should conclude. it was to be deeply washed. About t "ni, 'r .d the way they had been detailed in evi. lamented that men, who had borne such act:tin:l)le men and a W°M ll ~ defter, to prepare the minds of the Jury for after. characters for humanity and gallantry in the service d e l ar. I !",`i ,E 7: . war& applying to them the observations he should of their King and country, should have so far forgot °' ° lec j s ' o ss j, Sil• fnl it his duty to make at the end of his recapitula. not only their duty to the country , but to themselves, took the ear-ringl ; l' i, s f ton of the facts of the case. He had therefore no- as rational, inteThgent, immortal beir.gs, as to expos.: , get them out of b teiug Ogre to say till he had dischasgrd that part of not only their own lives to danger, which lives they d the kesast.i:,,,,,. is 1 r . his public duty-.-(Here the Learned Judge at great had received from an all-merciful CRrATOn, but also to ' -rs. o ,,i m p v& --7— " 1 . length recapitulated the evidence).--He then oh. to expose another individual to the awful peed of • he " • - a cute warti, bi s e aved, that, as in every other case, is was indispu. rushing into the presence of Austorrr Gen, in an beating. She cal i 'l' t..bly clear, that all who were present in a case of unguarded and perhaps unprepare d moment. That her hart, and ti g murder, either aiding or abetting, were equally was an alarming idea, to whwould be well fo- thee hart of the • bra :.gain !" !!' • i guilty with the person who commi tte d t h e a ct . I n such permits in all time coming to attend ; yet it wa s pe r . Mite, tk i . a duel, for example, where a person might be killed most lamentable to see the present spirit of the ernes knew before, and ' ) by the firing of a pistol, and when others we r e pre. for duelling. Such were the observations he had „e'ffir* ile.„'"k" sent who acted as seconds to the combatants, the law felt himself bound to make, and such was the painful ' ' en ' ' held all of them equally guilty, though the t r igger nature of the case before the Jury. They were now , aftt ho wa! rt a . 'n -:utri said, . or the pistol was only drawn by one. So t en d er a n d to decide—they were now to declare whether the taw ' death in her . % 1 ye careful was the law of England of the lives of Gentlemen concerned in this most deplorable tram- the coefut to the d the Ti n& su bjects, that all homicide was stippostq saction were guilty of Murder or Manslaughter? The 1 at i D a ! kneed be . I _ d at i , , ' t . . . , u, orignate in malice, except Something directly the ease was of the deepest impnrtarce. It was ironer-! s e. 14.1- - - and - 3 contrary was proved, or that such Circumstances had teat to the public - in:porta:lt to the. prissetete !fete I ' - ei'r. js: In, .."1 r { , i iv ! , • - . . , .. . ...- . _ . . _ ...._ _ ...... • . • found three ems on the back of the head, ore two ir.! ) .s ~• " length, std the Other at, inch and a half, inflicted by a b;e:a j e - ' struntent. There was also the mark of a blow across the t.,e; 4/0 temple. one on each wrist, ar,d two on the arm. Tie Mese cg I the right temple would have been sufficient to occasieo di:). i The scalp en the hiudee part of the head ve.t, seenoted froni., e t .„ hone, so that le could peas his finger roui.d it, but the site. e • 4; not fractured, neither was the brein injured. Mr. Carpt e rej • . witneos opened the body, and found the stomach c;. ; A lt :, empty, with considerable Inflammation - but the stat e e l %Aid', the stomach was could not have caused Immediate drank, L ee k,,, 'did he think it arose from drinking. All the witnesses who were acquainted with the dc0 0 ,4 smite of her as a remarkably sober woman. The prisoner was fully committed for trial. Ile d.e..zed big any thing in his defenee. ...... b ia l .11.71RKETS. Ws NnWGATE AS. Y.P.1:.1. . J.E.11/I.L :•!...11F.:ETS, J e .• ~ 1 (By the L...r-tee.) `-• d Beef 2s Ilid to es 0.1 I V,. el 4s C-: to te U Mutton 3s Cd to 46 4d I Pock .. ..... .ts s.:_t 1, :1 A ' PRICES or HAY eel; STRAW YESTI L 7 II ••• ~-.- . Sr. .7•LIPI'S. IS aterzraen. Hay -.31 lOs Od to 51 10e Od E1ay...41 los Od to ..! :1; A , Straw 21 2s Od to el its-C.d Straw ill 0; Cd to 21 e 1 Coyote! 10s Od to 61 os Od Clover 61 06 Od to 71 C, A PRICK OP lIOP - S7 -------- Vrer SACS ao'v POCLITS. Kent ......251 Os to 201 101, Kent "GI los to 3:1 u SUSS4.2 231 Os to 261 Os Sussex x6l G. to :..,, t e . 'DMZ OW OS to 00$ Os Essex 's7l Os to .7e •u I F..n.ham ..-ZCI ce to ;„••, 4 i PRICE or TA LLOW, SW.2, .1.:.-.. CANDLES. I St. James's Market 4s 7d Tow:. Tallow ............:g se Clare )larket...... Cs Od Yellow Russia. ...... 4 Whltechapel Market is ..t:d WLitt ditto •••• ..... • .., .:a (per etone of Slb; f:e_ip e,'....t0 ..... ......... ...%, . 4 Yellow Soap, 945-)lotrkd, ICe..--Curd, 1 1 a _-Pen, -.•, Candles, per s 1 z . 121 6 d-Me:J(ls, lls cad ,T T 1 RAW lIIDES. . . Best /kill= and Steers• (per Ordb'ory ...2s OL tot 4i stone; lls 10d to. 55 ed Market Ca:f es Cd to ''s A Middlirys es 6d to its ed Eng. Horse es Cd to t. te , ti Sheepskins-Pulled, 7s Cid to Ss Od-Downe, :c Cd to C. to la ' Shealinge, Os Cd to Cs Cd-Lambs, Cs Od to Os .. be ______. PRICE OF LC.I7.IE:R. I Butte, 50 to Sellis each .stld to SZt: ;el Ditto 56 to Celbs eaoh . l24d to SU Dressing Hides led to iod . Fine Coach Hides ilid to lel i Crop Hides,. 35 to 401ba or cutting l7e to 19d C Ditto 4.; to sClbs 19,1 to 1:d Calf Skins, 30 to 4Ubs. ' rd to ICI . • Ditto 50 to 701bs 24d to .2f4 Lo Ditto • 70 to 'Kilos_ lid to std Small Seals (Greenland) l2el to 974 Large ditto per dozen 6Cs to - ,:s en Tanned Horse Hides - lrd to 174 1 .sp ' Spanish Horse Hides 17d to 214 COAL MARKET, JAN 16. • Ships at Market Shit s Sold Price.. .Se Newcastle 21 no &I to 436 CI o d or 18 Sunderlend 9 Stls CAI to 37; to oril COCRSE OF EXCHANGE.. Amsterdam 37 48. 2t. Bilbos, affect:re 38 t, ( Ditto at tight 36 10 Swill:..._ :7l Amsterdam ll 9 CS. Gibraltar......... 3:t - Ditto at at sight-. -II 6 • foss 'lathed= ...... II 10 au. Genoa . ...• ....... sr 2 • Antwerp, ex-mo. 11 10 Verice Ital. Liv. SS 3. Haniburgb 34 4',• U. Meta or Ch Althea ............34 52, U. Naples 42 Paria,3 day's date b. 30 Palermo .-...- 11e.' etc tz • . -b Ditto .......... ....94 50 tl.l. Lisbon i ßourdeaux do -24 50 4. • ren 1 Frankfort on the Rio Janeiro C.. S. Maine 147 Mal& J Dchlin II ... , r 0r..... Madrid, efective 364 Cork ....... .....- se • PRICES OF GOLD AND SILVER '..e R Portugal Gold la Coin, per 0x..... 41:1 o ft • - sa Foreign Gold in Bars ....-.- ..... . ...... ..-.. 0 o to 7. . New Doubloons Sliver in Bars, standard COUNTRY MARKET!. •.. rzissoor, JAIL 13.-Wheat per load , dl7 Od to r , ..-; es andl Barley, per clatter. 322 to As--Oess, 23s to Sy,-Beat, to I 44s to 361-Peas, 440 to 5C,.-Rye, 00a to 00s. • & , hawsoar, Baku, lox. 15.-141:eat, Sits to 1002 - But-e, doe 32s to 535 --Oats, 24s to 295--Beans, 48s to 665-Peas, tfs I to 585.-Bread, Is 11 - d to es I el. per Gallon. 11. ()groats, Lot. is.-The price of a Bushel of 'nest 10s 101 l ' -The Quartern Loaf, Wht-..ter„ Is 0 d-Honsehold, li:d. • . asstacar,_ JAN. 15.-Wheat, is 6 4 to 11s Cd-Bea-u, Cs of •• , to Is 6d - Vetches, 10s Cd per bushel.-Barley, 30s to 4ts (4 Cs -Oats, 211 Od to ges Cd per quarter-Bread, 2a Od the LI ork peck-Flour, 66s to OCa per sack. 10. ••• - --- *olkte A letter from Glasgow, def 2 i January IS, say.- m e i " The cotton trade is daily becoming brisker. A 7 ii. important advance has already taken place on a..:: . • sorts of goods ; and the demand for fine muslins f. ' t the country trade is aided, in its effect upon the mar- 43. ket, by large orders from the United States, where a rag wealth makes accessible Englisa dresses.- on, growing wealth makes accessible Englisb dresses.- ' Cotton spinning, which has extended itself so much 14 . . of late, is likely to be an increasing and profitab:e trade for a number of years." is. deem Bnilitt. 16. nursdat at the Rectory House, St. A.'ban's, Wood.austs , a the Lady of Lieut. W. F. Peter, E.N. of a son. The 12 th inst. at his net, Liastcn House, Suffolk, the L." 4 A g of Lord liuntingfadd, of a son. • dim DIED. r. at The 96th of May Ist, at Aliahabad, In the East Indies, cis hith fever, Lieut. Thomas Allen, of his Majesty's Lick Regitcrlt of Foot. 1 E Frid,t, .ttßotrin, ridden'v, Mrs. Pomeroy, widow of du 111 . Rev. I. Poir.eroy ' who ex2irtel in his church at Bodeen, fat on years since, wlta' st in the act of reading prayers before the 364 , ted at the Assizes. 2 ;PI . ----= the 111 , tits MAJk.a . l WS ROYAL I.li ETERS PA iEN 1. . sum LEAKE'S GENUINE PILLS, justly !Amer. •, i foreuring, In all ks units, the VENEREAL cal-raS.. the 1 Ore small Pul is a dose, and the taking of one Btu, in a rece n t p l. case, will soon convince the patient of the certainty ca has ipeetl sto recovery. Netting can be he'ter contrived, mere sac, o r Tr .11 . n re ccuvenient than this Remedy, (or such as are obliged to ee 4 , 11 . • tl nits or to sea, as it reeds no confinement nor retreat of ite; Mw and sixty years experience (in an extensive practice) has prood • at that it will tffect a Cure whoa reedited Salivation and s.l etre 01 ,,,, methods avail nothing. nit the ScLroy and other Omar ol t Disorders, this Medicine fats not its parallel. Upwarit ta ch 40,000 persons of both sears have been radically cured to t , e ' , above cruel disorders, within the last eight years. Prepared atd - . sold by the Sole Proprieons, L. TAYLOR and nON, MeeNo ni of the Royal College of Surgenns, at s' e.r House, tit. 9, Nor Its Bridge-inert, in Boxes of only 2s. 9d. sash, duty iecluJe! - pi N.B. •nvo back door,, and Lights e to the Pnne, at !..,.!t - • .ie They ere also sold by ;heir appointment., with copious .i :et •', oni „lathe 'l'oy Shop, 103, Oxford-street ; Me. Distiorme.th'e, : c ". Sold rFish.atreeohill, nearly opposite the Ninten,ent ; a".l t 7 •-•' • Cs Person in every considerable Tempo in Groat Britain and 1 &lee , Ni Advice gratis to persons takUtg the above, or other cat the I'l'2' . erleor's Medicines _______ ,--.-.-----z • * PRICE OF STOCKS YESTiabAY. : Bank Stock 290 India Bonds 108 10.9 r• .. • , Red. Slii 81 SO I Each. Bills (2c1.1 19 21 pr. • bie Cons. SOJAIII ex. div. Ditto (2id) 29 2ti 29 Aho 041 4 per Ct. 98t:a Ditto (d.) 22 Navy 10.5 105 1 1 1! ex. div. Cons. for ac. 811+RI Ay Long Anns. 20 : Lott. Tickets Al 9. it.:s. -.- IL O HIGH WATER AT LONDON Bit tDO E TO-OlORRO'" . thoi Morning - 41 minutes afte: :0 1 „ Aft -moon - - 12 .---.-- :1 _...-- -• . -- -. -__z__-.--- - LONDON . Printed and published by Lanz /Ezrt. P , Lte u " Mc..., Tceills-Bor. . . -----•,p...,.------Nosp,-7-- lest "Jul —Oats, Peck —f fever. of