Star. — London, England, 1803-04-09 00:00:00

FATAL DUEL. Groact Hoocsom, Efq. Coroner for the county of Middlefex, attended on Thurfilay evening, at the Chalk Farm Tavern, near Primrole hill, to hold an inquelt upon the body of the late Colonel Montgomery. A Jury being fummoned, regular ly attended, and after they were (worn, proceeded to examine the body ; hut in consequence of the abfence of two - material witnelres, they were not then able to come to a decifion. Having fatisfied themfelves, however, Co far as any information could be derived from a view of the body, they were difcharged, and the farther enquiry was poll poned until fix o'clock yellerday evening, at which hour they were ordered to attend at the South ampton Arms public-houfe, kept by Mr. Colville, in Camden Town. In the mean time, at the r equelt of GEORGE BYNG, Efq. Member for Mid dicks, an order was granted for the removal of the body of the Colonel to Mr. BYNG'S houfe, in St. james'aquare. It was accordingly placed immediately in a coffin, and conveyed to town in a hearfe. Upon the arrival of the hearfe at the Square, the coffin was taken nut, and car ried privately through the back offices into Mr. ' Byng's hnufe. At about feven o'clock yefterday evening, the Coroner and the Jury aftembled pur fuant to adjournment, at the Southampton Arms, and proceeded to intefligation this fatal bufinefs. Mr. HEAVlstas depofed, that about five o'clock on Wednefday afternoon, Qptain Macnamata's nephew called upon him and Rated, that his uncle was unfortunately engaged to fight a duel, and wiffied him to attend him to the frit where it was expe.fted to take place. On his attending tvlr. James Macnamara to his Uncle, he found Capt. Barry I along with him, when they got into a hackney. coach and proceeded to the ground near Primrofe hill. When they arrived, they found Sir William Keir on the ground, but Colonel Montgomery did not appear for Come time afterwards : when he arrived, the diflance of twelve paces was fixed.— The Gentlemen took their Rands, and fired nearly together. Colonel Montgomery fell t and not having provided any forgical affiftance, the witnefs offered his fervice, but on going up to him the Colonel exclaimed," I am Riot through the heart," and immediately expired. The ball appeared to hate entered between the fourth and fifth rib.— Juft at this period, Capt. Barry called to the wit. nefs to tell hith that Caps. Macnamara was wound. ed. Mr. H. therefore went to his affiftance, and found that the ball had entered juft above the right hip, anti had traverfed the belly. Both the dc• ceafed and Capt. M. were taken to Chalk Farm ; and Ihortly after Capt. Barry, Capt. M. and him fzlf returned to town in the hackney coach. The I I witnefs then continued to Rate what lie difcnvered on opening the body of the deeeafed, which he had been required to do. The ball, he laid, had naffed through the lobe of the lungs, and had torn the large veil is in its pottage. There was a pot tion of the ribs on the right fide driven into the lungs, and from three quarts to a gallon of blood effufed into the cheft. On examining the infide of the-ribs, on the left fide of the cheft, he foundmany of them broken, which made him conclude that the hall had paffed through the cheft. He took out the ball from under the left Ihoulder blade, which _mull have made hs way there between the firth ,and &tenth ribs. Lord BuRCHURST raid, on coming out of St. James's park, next to Hyde-park, on Wednefday afternoon, he faw a number of horfemen and Col. Montgomery among them ; he rode np to him at that time, he was about so yards from the railing next to Hyde•park gate. On one fide of Col. Montgomery was a Gentleman on horfeback, whom he believed was Capt. Macnamara. The firft words he heard, were uttered by Col. M. who laid, " Well, Sir, and I will repeat what I have laid, if your dog attacks mine. I will knock him down." To this Captain Macnamara replied, " Well, Sir, but I conceive the language yon hold is arrogant, and not to he pardoned." - Col. M. laid, " this is not a proper place to argyle the nutter ; if you feel yourfell injured, and with for fatisfaetion, you know where to find rue." Capt. M. replied, " not for what has happened, but if you were to infult me, I would take notice of it as loon as any man." Col. M. Aid, " No, Sir, I with to Peek no quarrel, but I adhere to what I originally laid, if your dog was to attack mine ) I would knock him down." Capt. M. again repeat. ed, " it was arrogant language, and that he would as Coon meet Colonel M. as any other man." Co), M. again obfcrved, " he defired no quarrel with him." Captain Ist. then rode on, but fhortly turned round, and repeated, " that he would as foon fight as any man," at the fame time (baking a Rick at Col. Montgomery, which he held in his hand. Col. M. And his friends then rode out of the Park along Piccadilly, and w e re about fifty yards behind Capt. M. and two Gen fleallen in company with him. From the conver t:ohm that took place, the witnefs confidered the ditptre entirely fettled ; and under that can't :lion Mr. W. Sloane quitted the party. The deceafed, ' se:th Mr. S. Sloane, and witnefs, rode down St. James's.ftreet, and turned into Jermvnftreet.— Capt. M. profited his way along Ficcatlillr— About the middle of Jermyit-itreet, the party heard a noife of horfes coming along the flreet. One of the Gentlemen on horfeback he did not know ;1 the other was Mr. W. Sloane ; they were not quite together ; the ftranger was one of thofe whom he had feen riding along with Captain Macnamara. When he came up to Col. Montgomery, he told him he wifhed to (peak with him. Colonel Mont gomery replied, certainly. The Gentleman pointed to the Colonel to go forward, which he did. Ccl. M. then beckoned to Mr. W. Sloane, who had tone on, to come to him; when he tame up Capt. B. and Col. M. were pointing to their watches; after which the Rranger left them, and returned to Capt. M. who was at a Runt dißance. Witnefs then rode it; to Col. Montgomery, and laid, Is any thing going to happen ? He replied, No, no thing but an explanation, which is to take place at my lodgings. Itiitnefs then went to an hotel in lermyn-areet, and law Col. M. ride pall ; he iird sled to him : this was about 23 minutes pail five o'clock. !qr. ST/ PHIIN SLOAPI.—T WU with rny brothet, in Hyde Park. Colonel M. came up to my bro ther, whom he knew. We were retiring towards Piccadilly from the bridge in the Park. The dogs were then behind. Colonel M. looked round, and upon Peeing his dog, which was quite a young Newfoundland one, engaged fighting with another oldie fame kind, but larger and ftronger, he got off his honk in order to part them ; Colonel M. ()braving at the fame time that he would knock the other dog down ii he flew upon his dog. Cap tain Maenamara then rode up, and Paid, if Colonel M. knocked his dog down he mull knock him down .allo. I have forgotten what was exaSly Colonel Montgomery's anfwer, but I think it was, that the Park was too public for the adjahnent of a dif puce. He then gave Captain M. his name, not his card. Captain Macnamara then, in a violent paflion, told his name, and that he was in the Royal Navy. Captain M. ohferved it was arro gant to define him to call off his dog. Colonel M. oblirved, Captain Macnamara could not fuppofe he intended any infult to him, either by what he had faid or done ; and he concluded by laying, that if Captain Macnamara's dog did again com mit any violence, he would do what was in his power to defend his own dog. They then paired on together towards Fliccadilly, through the gate, and feparated after a few paces—Captaia. M. and his two friends rode along Piccadilly towards St. James's.ftreet ; and the deceafed in company with my brother, Lord Burghurft, and myfelf went the fame way. When we got to St. James's-(freer, my brother parted from us, and we turned along Jermyn-ltreet nearly as far as St. James's church. My brother came up to Colonel M. and was im mediately followed by another perfon, whO de• fired to (peak to Colonel M. It was one of Cap tain Macnamara's party. The deceafed beckoned me to come back, and alto Toy brother. The de. ceafed, the Gentleman, and my brother went on a few paces together. Colonel M. and the Gentle. man took out their watches, and then Capt. M.'s friend turned about and rode off towards St. James's-fireet. I afked Colonel M. the reafon of the perfon coming up ? he told me, it was in order to appoint a meeting for the explanation of the quarrel. Colonel M. then rode off towards St. James's-fquare, and then returned and galloped up Jermyn.ftreet. It was about twenty minutes paft five. Colonel Montgomery's condo& through out was cool and unruffled by an/ paffion, except at the moment when the dog was attacked. Mr. WILLIAM Scciatic—When Colonel Mont gomery's dog was attacked, Col. M. jumped off his bode to refcue him . Col. M. called out to Captain Macnamara to take off his dog. Captain , M. replied," have you the arrogance to fay that I am to take away my dog ?" I heard the expreflion of arrogance made ufe of leveret times by Captain M. Lord Burghurft joined us at this time. Col. Montgomery expreffed a dilsnclination to quarrel, but Paid," if Captain Macnamara felt himfelf hurt, he knew where to find him." Both parties pro ceeded towards Piccadilly, Captain M. and his two friends being a little before. In my opinion, the difpute was ended before the parties left Piccadil ly. I had, however, fcarctly parted from Col. M. and the other gentlemen in company with him, when I obferved Capt. Macnamara and his friends turn hick from Bond (treet, up which they had begun to ride. I inflantly thought their turning might refer to the difpute, and rode back to join my party, which I aid as Capt. Barry rode up.— Col. M. beckoned to me to ride forward with him felf and Capt. B.; Capt. B- then Paid to Cqlonel M. "my friend cannot fuffcr thefe words to pars by, but infilts on a meeting, and defines you wiil nanie time and place." Col. M. faid, " matters of this conk quence were better fettled as loon as poflible." He then appointed in two hours time; and added, that he thought a piftol lhould be the weapon employed, as it was molt tired in this country. The deceafed 'Allied me to go with him to Lord Paget's, but his Lordfliip was out of town. He then hinted that I might be his fecond, but I wilhed him to confult thofe who had had more experience than myfelf.—He then Paid he would go to Mr. Upton's and defined me to gq.to Sir William Keir, which I did, and told him all that happened. Sir Wil liam was quite (hocked at what had happened.— Col. M. came in half an hour after, and afked Sir William to he his fecond, which he contented to. Col. M. afked him if he had got any pillols ; he raid he had a brace, but they were out of order. I fuppofe they were the piftols made ufe of. Col. Montgomery afked me for the loan of my bode for Sir William to ride to the deceafed's houfe. Sir William enquired whether the deceafed or I knew where Captain Macnamara was to be found ? He Paid it would be neceflary to fee Captain M. or his friend before any thing fo ferinus as a meeting took place. They then rode away, and I Paw no more of them. Mr. MACNAMARA, nephew of Capt. Macnamara, was neat examined. He laid he was in the Park on Wednefday evening, and was prefent at the difpute which took place between Colonel Mont gomery and Capt. Macnamara, on account of the two Newfoundland dogs. Colonel Montgomery difmotinted from his mare in a paffion, and laid he would knock the dog down. Capt. Macnamara anfwered, " then you mull knock me down, it is my dog." The Colonel replied, " I do not care if it is ; he (hall not hurt my dog :" this he re. peated fcveral times. On Capt. Macnamara's fry. ing, "then you (hall knock me down." The Co. lonel Laid, " that may be as circumftances happen; why did you not difmonnt, and take your dog off r Capt. Macnamara anfwered, I am not accuftomed to fuch arrogant language; I am an Officer in his Majelly's Navy."' I'he Co lonel replied—" if you feel offended, you know where to call upon me ;" at the fame time giving Captain Macnamara his addrefs, adding, You ought to take care of your dog." Capt. Macna mora replied—" I !hall do that without your per miffion." He then rode on, and Colonel Mont gomery followed at tome difiance behind. Wit nefs rode on with Capt. Barry and Capt. Macna. mara, towards Piccadilly. The Colonel followed at a (hors didance behind, and turned down St. James's-flreet. Capt. Barry went, at Capt. Mac• namarn's dchre, and followed Colonel Montgome• ry, with direllions to report tl,tt C. pt. M.!cr..t mara was ready to meet him on account of the words avhich had paffed in the Park, and to giet• him the choice of time, place-, and weapons.— Captain Barry trel.t, in pui Mance of hi. orders.— Witnefs, at this time, had the Colonel in view ; and, upon Captain Barry's having fpoken to him, he law the Colony pull out his watch, look at it, and then beckon to a Gentleman at lime di.laree behind to flop, which he did. Capt. B ors., :lite. fpeaking to the Colonel; •Tetuitiej, ;Ind \\iin e l.. heard him inform Capt. Macnamara that Colonel Montgomery had appointed to deckle the diiputc in two hours, and that he obierved, that the footle; things of that defcription w ere decided the bet ter ; that he would meet at Primrofe Hill with piflols, the only weapons that gentlemen generally made ufe of. Witnefs then went to Surgeon Ilea vifide, and told hint that Capt. Macnamara was to fight a duel, and that he mull attend. Surgeon Heaviside accordingly met Capt. Macalarnara in Piccadilly, and Capt. Barry loon after came up hi a carriage, with pißols. They proceeded for Primrofe Hill.—On their arrival at Primrofe Hill they found Colonel Montgomery and Sir William Heir upon the ground. Capt. Barry interfered, and told Colonel Montgomery that he might arm logize to Capt. Macnamara. Sir William Keit made tome anfwer, which was rejetled by the Colonel, and Sir William proceeded to mai k out the ground. Each of the parties then took a pill.' tol, and at the diftance of twelve paces fired at the fame time. Colonel Montgomery fell at the moment of the fire. Surgeon Heavifide immedi ately ran up, and put fomething upon his wound, which was on the left brealt. Capt. Macnamara called Capt. Barry, and defired him to retire to Chalk Farm Houle, where their carriage was waiting. The deceafed was carried to the fame place. Capt. Macnamara diced Surgeon Heavi- tide, if there was any danger ? Surgeon Heavi fide anfwered, " No." Capt. Macnamara replied, " I do not mean with refped to myfelf, but Col. Montgomery, who, I fear, is mortally wounded." His fecond allured him there was no danger for him either, and Captain Macnamara came away without knowing the fituation of his arttagonitl. The feconds went off together on horfeback; wit nefs went into a room in Chalk Farm Houle, to which Colonel Montgomery had been conveyed, and found him dead. Capt. Macnamara appeared as much agitated at the time of the meeting as at the original.quarrel. There was not time for his mind to cool between the caufe and unfortunate termination of the difpute. Witnefs Alf() laid, Capt. M. never thought the bufinefs dropped after they left the Park ; and that he only rode up Bond flreet, as he thought Col. M. was going that way. WILLIAM PASTAS., Capt. Macnamara's groom, laid, he was tiding after his mailer in the Park, and law the fight between the dogs. He alfo law Colonel Montgomery difinount, and heard him fay he would knock the dog down. "%rimers then corroborated the foregoing witneffes in feveral parts of their evidence ; and added, that a Gen tleman gave him a cafe of pillols, which lie car ried to his mailer's carriage, in Piccadilly. He was prefent at the duel, and believed; if there was any difference of time betwen the two thou, the colonel fired lira. He heard his mailer often fay he hoped there was no danger of Colonel Mont gomery's life. Colonel GILLASPIR Paid, he was walking with Capt. Macnamara two days previous to the quar rel. They law Colonel Montgomery pall, and Captain Macnamara enquired who he was ? Wit nefs laid, Colonel Montgomery. Captain Macna mara anfwered, that he recolleded him, and that he bore his fervice well. Witnefs mentioned this circumilance as proof that there was no pre-exift ing pique or malice between them. Here the evidence doled ; and Mr. HODG SOH, the Coroner, in his addrefs to the Jury, (bated the law to be, that where two perfons met to fight, without having had fufficient time to cool upon their quarrel, in the event of the death of one, the crime of murder could not be charged againfl the other. The prefent cafe certainly was of this defcriptinn, the quarrel having begun at five o'clock, and the duel taken place two hours after. He then exprelied his opinion that the obfervation of the decealed," that Captain Macnamara knew where he was to be found," could have no other meaning than a challenge ; and he thought this circumltance was favourable to Captain Macna mara. . . The Jury retired a (bort time, and at one o'clock thismorningrewrned a verciia of Mam s Lao° n r e a. The Ball was not extraaed from Capt. MAC. NAMARA until yelletday afternoon : it was done by Mr. H sa•issys, who flues that his patient is in as fair a way as can be expeaed. Captain MACN•PIARA'S commitment was made out yellerday ; but having to undergo the opera tion of eztraaing the ball, it was not judged ex. pedient to remove him till it appeared that it might be done with falety : at prcfent he is not fuppolcd to be in danger. An exprefs has been Cent down forthe Captain's brother, who is in Wales. It is a wonder, that. as In many Gentlemen were prefent in Hyde Park when the appointment was made, and the com batants let their watches in order to be punaual to their time, that no deps were taken to prevent the fatal meeting. Yellerday morning Lord Ns :Ann fpent about three quarters of an hour with Captain Macma. waits ; and in the comic of the day a great num ber of Naval and Military Officers and perfons of dillinaion called at the Hotel, and left their cards. Nn perfon can he admitted to fee Captain Mac NAMARA. without palling the room in which the Police Officero are gationed. The Newfoundland dog, which was the cattle of the unfortunate dif• puce, is in the fame room with him. Sir WILLIAM Kim, the Second to Col. War. GOPARRY. left London„pn Wednefday night. anJ is fuppofed to have embarked for Holland. Captain BARRY has alio withdrawn himfelf. It is not true, as anted in Come of the Papers. that Col. Montgomery fired firil ; they both came i about at the fame moment, and fired Co infiantane otilly. that Mr. Hearifitle thought only one !hot bad been difcbarged. •NiIU7IC.II, /A,Trl.T,lcrycr. F.kr 'llo'l,l-1, .4. P N if. C. Arrived this (la': l!.ip - Captai.l CLARK. from Jan.a;ca, 111;!C ss rum, fugar, fac. for 1., : In conieT:elice her having an Imp.:ri ti :lig at her mai.l it is fitp• poled that fume (.1 her crew a:e lick 0:: hoard, the will therefore go iit••, qirtr.intine : thee cutters got along!ide (4 her this evening to pie vrnt her crew from g.tting on Ih'.re to avoid being prelTed: the v.hcle :if them no doubt will be take:: ; arrived alto the hi ig Lifbon Packet, JENKINS, ftom London, with bale goods, groceti.:, &c. f r Ow> port" the frith Miner, Nit HULLS, the Pri.ieers Royal, O..VEN S on London for Liverpool. putt reficrday the outw.rt d Eall India illip Sea LESBY CasTt.r., Capt. LEAP.. MOUTH, from London for the EAR Indies : the wind blowing thi: evening very ftrong at ;ioU!ii, i t is thought the will be obliged to put into this port, or run for Plymouth. Sailed the Danifh brig liaabet, Captain Wes- BURG, for Norway, with fruit, &c. hia from Lit". bon; the American brig James, Captain FoLotst, with rice, &c. for Haste de Grace, lall from Charlefton ; and the Severn, Captain HacKWOOD, for Chichefter. Remain, by contrary winds, the PRINCE ADOL. rft us packet, ;orbs, with Mails of the 29th ult. fur Lifbon. The DUKE OF YORK packet, with the mails horn thence, is hourly expeeted : as alio the (ZIJEEN CHARLOTTE packet, Mconr, with Malls frum America.—Wind S. TORBAY, APRIL 7. Arrived and failed on the imprefs fervice, and is now coming in the Bay again, his Majelty's brig HUNTER; arrived tht brig Peggy, HENRY WHITE, from Dartmouth, and is taking in cyder for Lon don ; (he will be ready in afew days : .tifo arrriVed the brig Maria, Capt. BRowN, from Teignmouth, with pipe clay, and failed for Liverpool. Wind S. S.. W moderate, with rain. PLYMOUTN APRIL 7._ Came in the DOLPHIN cutter, and RANGER CUE. ter, Captain A. FRAZER, from a cruife, with men for the fleets. Came in the Leeham, and Sally, FIDGET, from Guernfey, with wines and brandies. Sailed the Friendfhip, PATERSON, with paffen. gers, for Trinidad ; and the Runaway, WALKER, for B:lboa ; alfo the Busy Reventti cutter, to get feamen for the fleet. _ Every morning at dawn of day, at (on firing, Lord KEITH makes the fignal to Maker Tower,and how many Ihips there are in Caw•fand Bay, which the fignal man immediately anfwers, and gives their names. PLYMOUTH DOCK, APRIL 6. P. M. 5 O'CLOCK. Rumour, ever bufy with her hundred tongues, is conftantly giving Rations to the different Com manders and vette': at this port : to-day the has given the Jamaica Ration to Admiral Meals, his fon having been juR appointed to the Cuttonin. of 7.4 guns, raid to be eleitined for the Welt Indies. This day the CANOP us, (late FRANKLIN), of 84 guns, was commiffioned by Captain Conti. Though men come is faR, yet, owing to the many (hips now fitting out, they cannot all get fi) rapidly manned as the fpirit of their refpeetive Commanders leads them to erpeet. A detachment of the zoth foot is on board the Ronnie', jult arrived from Malta at.this port. Admiral Lord Kairn commands at this port for the prefent. The wind continues ftrong againft any veffel going down harbour. Several fail of the line now lie in Cawfand Bay—fuppofed to be the chief rendezvous. _ . . Recruits are daisy joining the Royal Marines: feveral of the old foldiers difcharged at the peace are again coming forward. The lines are again in a complete Rate of de• fence, and every platform regularly planted with a due proportion of cannon. Notwithtlanding the very aelive preparations now going on in every ,department in the Weilern clidria, there are bets, , 4 two to one," that the norm will blow off. PORTSMOUTH, APRIL S. Polled by the Exeter, Lady Caßlereagh, and Warren Haflings, for the EaR Indies.—Sailed the Junto frigate for Gibraltar.—Arrived the Amami irigate front Jcrfey.—Put back the Calcutta Ealk Indiaman. SHEERNESS, APRILS. Yefterday failed his Majefty's fhip Awl TNTSTe Captain Castrast.t.. for the River, to be paid off I and to be recommitlloned by the fame Commander: the Lywx, Captain MARSHALL, has alto failed up the River, to be paid off. It is expeaed that the Czass will be commitEoned in a day or two. CHATHAM, APRIL R The VICTORY goes out of Dock. Arrived this afternoon EL Viscaoo (loop, the crew of which are to fit the Vicroav previous to her being paid off. The QILTIENSID is ordered to be fitted for a flag : (he is expected to fail to-morrow. The TIxIL, LUMEN, and VLIRTIR ) will be ready in a few days. Orders have been received to dock the Patscrss or OaAXGL and Umicoas, and to fit them for felt with all expedition. Yellerday moiler arrived to pay the people of the Dock Yard their quarter's wages, ending the pit of December laft, which payment will take place on Tuefday, Wednefday, and Thurfday, next week. Yefterday the Liam° was paid off, and her people hare been indulged with the fame leave as the I TILLPIDN. YARMOUTH. APRIL L Paired through the Roads the Fanny, MARTIN, from Venice to Hull ; and the l'eace, Burets's, from Lilbon, to St. Petertburo Alfo to Sheer. nefs the BOLD gun brig, with impreffed men and volunteers for the fleet. The Badger Eseife cut. ter has captured at fea, and brought in here, two finuggling veffels, laden with fpirtrs. Remain in the Roads the Lyn* and Pamacors higates ; Re. pulfe and Hunter, revenue cutters.—Arrived this morning from the fouthward, the Matisse gun 'encl.—Wind South Welt. [Tans oar.