The National Register. — London, England, 1818-01-18 00:00:00

i o 3"ANI 18. THE LATE DUEL. CORONER'S INQUEST.--Wednesday moroing,At nine o'clock, a coroner's inquest was held at the Load of Hay, Haverstuck hill, upon the body of hient. Edmund Bailey. Mr. Adams W 41.4 the first witness e•antutet, anti he con firmed his former testimony. adhering to the essential points. la co oitt4 to that pert where Air. O'Callaghan went to !Loop. litres) for A roach for the deceased, The C• (hies (Mr. 'itirling)a•keil what Mr. O'Callinghun':. relativ'• sihnithin Mr. Noel, who i. solicitor to all the prisoners, and, who at. tended to watch the proceelings of the intinest, oloserveil, " As it will turn out that Mr. ('Callaghan is a principal, it may he as well to mention it iu this stage of the isivestiga• lion." Mr. Adams.—l believe so. Mr. Cormier.—Was Mr. O'Callaghan .the man who fired the shot by which the deceased fell? Mr. Adams.-1 caiderstand so, from the situation of the r artirs. Adams, in - addition, stated, that while the deceased was lying on the sofa, and was sensible he conk: not survive, he c ailed O'Callaghan to -him, and requested him to take his right hand (for it appeared quite dead and useless to him) and shake hands with him. lie did so, slid the deceased told 111111 that i.e forgave him, and said every thing had been conducted in the most honourable way. 'rlie deceased then asked him if it had been his(treallagliait's) case, would he have dune the same by him? . O'Callaghan replied, " Yes, my dear fellow, I certainly woulbi, unit wish I had been wounded in the room ut you ; I felt your first hall anout oily legs (or something to that pur. pose), and I wish it had taken effect." [The fact was, that it had gone through both the legs of his trowsers, and through one boot.] Mr. PllCalall, the friend of the deceased, went to town at the Tequest of the deceased to execute some commissions for kim, but returned after the death of the deceased, and surrendered himself to the peace officer. Air. Coroner.—Who stood opposite to each other? Mr. Ailams.—l have no doubt but they were O'Callaghan and Bailey, as they were in dark grey coals ; the others were in blue. I have no doubt that they were the persons who stood iii opposition to each other, as I saw the smoke ascend lions them. . . Coroner.—Did yon see any pistols? Mr. Adams.-1 (lid not until 1 saw them on my table. I don't know who put them there. I was Ma considerable state of agitation, as might be *apposed. Coroner.—At what distance do you think they Mood Mr. Adams.—L think about twelve or fourteen yards : they were 4 or 300 yards from me. and therefore I cannot tell ac curately. Coroner.—Did you sae the seconds deliver the pistols? Mr. Adams.—l saw the,seconds Newbolt and l'healan go up to O'Callaghan and Bailey and give Bunn something, and then they receded from. them. lestipposed this to he giving them the pistols. One of them fired a pistol over the hedge, and I afterwards understood that there was an obstruction iu tie birirel which prevented the hall from going down. Coroner.-91 I you hear any explanation given relative to the cause of the quarrel ? Mr. Adams.—There was some explanation given by O'Cal lagkan and Bailey; they said they were seconds in a duel which was to have taken place the morning before. Soule of them said, We were not to blame, it was not our quarrel." Coroner.—Who said this? Mr. Adams.—l believe these words were need by all. but I am pretty sure they were by Bailey. Coronor.—Did they state what the nature of the quarrel aces? Mr. Adams.—No, they did not ; but O'Callaghan told me he received the challenge, but it was notiu the presence of Mr. Bailey. Coroner.—Did O'Callaghan say whereA/C received the chal- lenge ? 31r. Adams.—No,lie did not. Coroner.—Ls there any thing that occurred to the parties that you think material? Mr. Adams.—ti o 4 .1 have kept nothing 'nark ; they did not say any •thing that gave me to understa,id h ow t h e "mei arose. Mr. Noel.—l/id not Mr. Bailey say he wanted to speak to Mr. Pliealanin private? Mr. Adams.—Not that I know. Mr. Rudd, the surgeon.--lt was I who suggested it to Mr. Bailey, on seeing the danger he was in, that if he had any thing to say to alr.Phealan, hehad better de it, and I would leave the I omit. 1 did so, and they bad a conference, which lasted tell initiates. Mr Ailains.—l found a payer in Mr. Bailey's pocket ; it a pplies fluty to the other duel which was to have been fought. Mr. Noel begged, that if it was read, the MUMS of the other p .1 is intaidatio be given, as it might lead to circuur stances of an unpleasant nal lire. Mr. Sterling read it, excluding altogether the name men tioned, but denounced one party a coward and a putsvnovi. Mr. Adams.—lt may not be amiss to state, tiro t Mr.O'Callag han saidoitat,if he ka d been principal in the first case, he would bave waited MI the ground for seventeen hours ; but to; he was second, he had a eight to bring his man MI dee truund as soon .Is lie could. It was now stated, that Mr. O'Callaghan had 4ieen thrice wound. we, at the hattic of it a tarltio. ALteut. Bailey tad reeeived no le—• tkati rive wouvils in battle. divulge Rudd, sitr4eiiii. of Hampstead, stated, that on Mon lay Assailing last, auaa, leis o'clock, lift was CAW(' to at tend a gentleman who hod lieca wounded in a due I, and he found mai at the house ur Mr. Attains, sitting un a sold, sup• rutted oy several ge ntlemeit. His right side was Wood). Upon es.aeridiviiiiii 'Minn a wound in his right side 'K ari) 011 a level us a tile nay cl, made by a ball. Uu thr• tiler eiraiiiiiiation, he bound that the hall had pellet' ated through the hotl, to the opposite side ; it was busied het wet the MIA SC les and tile skin, and lie extracted it trolu thence. He saw a 'narked doxiety in the conntetrance of the ilea eased, which convinced Inin that a mitt of vital importance ri•rd been tetint'k ny the hall. this extremities we se then east. After lie had cxatiittied toe pat t, he told tin der eay.i.l Iltid his situation was stmt.., that if he hail any Alting,to e,+titiuuni_ Ile to api Rate lien', he ought to do .11 Storthttilli. nit' tit , A:easen avid fur about duet. hotit,, and is itilesb r ,„ 116 . i i,;1,•,1 tile body, dud found that the hot' Hs had I 11) three _separate place's. The Mad had passed A litoligh Ott . stobslauc. ‘t hick, together with Ine Inesuiii I hog e that ensued, was li ft . Cailtoe of 1164 &Oat. Altut ttotites•lijd tml4ctr,, .asked the deceased it u teri. dam; lied litieu late.? and SIC Sall decidedly so." Nlr. was ill the 10081 shortly .before his death, and altituata;.l deeply' affected. Why, de- THE NATIONAL REGISTER. ceased asked him to hold his hand in a particular tunsition, as it gave hint ease, which he ii 1. The ieceaseil duriu_ this said to witness and to O'Callaghan, " God Ides% uonl think yarn for your attention.•' Mr. Plicalaii, who had been Mr. Rat u'v',' second, was in the room ; and a fter witness had told the deceased that inie hail any thing to communicate to a friend he hail better do it liwthw it It, witness quitted the room and ltd . ! 11r. and the deceased together. The de ceased appeared conscious of his danger. O'Callaghan said, " Never mind, my good fellow, we shall be %vAlking togr titer again in a few weeks." Deceased replied, " I small lie in Heaven belore then." Wilms: s aid, no men e on s,' b e h ave more kindly than all of them did so the deceased They went away to execute some kind offices for the deceased, :mil having executed them, returned, unaaemied by any officer. They might have gone :twit:, if they had thought fit. Mr. George N evill, of the tax-utfire, Somerset-house, and Ingram's"laite, Hampstead, stated, that lie slid mot know any of the parties pr •viols to Ifiintiay. last, when he was proceed ing to town about ten o'clock in the month :I!, 4411 had not got snore than a dozens arils. from his 1 se before he heard a conversation betweenllr. Adains.and Mr. Newholt ; lie pro. ceeded with Mr. Adamsond Lieutenant New bolt. He con firmed the statement of the preceding witness. This closed the evidence, and the Coroner then informed; the Jurv,ffitit it would he their painful ditty to view the body they then proceeded to the house of Mr. Adams, and, having takers.* view of the body, returned to the Load of Hay. mid after being railed over in due fin in, Mr. Stirling addressed them :—They hail ahe ohsei vetll !teand the evidence, and had paid the greatest attention to it ; he was ready to recapitie. late it, if they th o u g ht it ttrress•try. but to Will it appeared very simple; hots ever initoriiiiiate the I r insaction was, those engaged ill such transactions wore, according to the esta blished law upon the caw., subject to very severe pnni•luneut. As far as the law of the case "a' concerned, he (Mr. Stirling) was firmly of an Opinion. that it ilinminietl tit murder : but it would remain for the jury to return such a verdict as would satisfy their own consciences. The jury retired fpm• nearly an hour, and returned a verdict of Wilful Murder /trains: ull air pm firs concerned. This vex. diet was accompanied by several iniserVdlionS expressive of their abhorrence of the conduct of some of the parties con cerned; lint as- they were calculated to create a prejudice against them, at the suggestion of Mr. Stirling they were ' withdrawn. ' The following paragraph contains a short account of the cause of this melancholy as well as absurd transaction :—Mr. O'Callaghan and the seconds informed Mr. Adams what was the cause of the ceased and Mr. ()'Callaghan meeting ; but they begged him net to mention it, and he did it with great reluctance. On Saturday. week. two gentlemen (whose names he did not mention) quarrelled at an hotel, and the present principals (O'('allaghan and Bailey) were to have been seconds, anti they agreed to meet on Sunday morning the I ttli inst. it was appoint al that they should meet at either the White Hart or Load of Hay public houss ; they misunderstood each other, and Bailey and the gentleman for whom he had agreed to be second, went to the White Hart; and O'Callaghan and the other gentleman went to the Load of Hay. Mr. O'Callaghan finding that the panics did not meet at the time appointed, he took his friend away. Mr. Bailey was waiting with his friend at the White Hart, and being irritated at the other party not meeting them, he went to his hotel. where the quarrel first retnmeneed. and he placarded O'Cal laghart's friend; anti' O'Callaghan placarded Bailey's friend. When Bailey and O'Callarthan met at the hotel, they charged each other with purposely avoi4ing to meet that morning, when a challenge en sued, and they agreed to meet next morning (Monday), nut at a psi). lic.lwuse, but onithe ground where they fought. WELCH ORDER.--••The following is the promised list of the new knights THE SOVEREIGN.. L and 2. To he filled by two Princes of the Blood Royal.--3. The ' Marquis of Auglcsea.-4. The Viscount Bulkcicy.-5. The Earl of Cardigan.—G. The Viscount Otingannon.-7. Sir Wittkin Wynne, Bart. --g. The Lord Milford.-9. The Earl of Powis.— 10. The Lord Kenyon.-11. Vie Lord Gwydir....l2 Th e L er ! . Dynevar.—Prchend of the Order, the Lord !tislitip of St. A.,„„ph.,_ Chancellor, the Lord Bishop of Ba , gadr.—lieOstra:, Rhys Jones, Esq.—Geneaologist. R. 11 4 tards, Esq.—Pourstuvent. Heralds, Gen tlensen Usher, tc. at the disposal of the Earl Nlarshal.—ltibend; light green edged with white.—Motto, Creantur firtibus ettoists. - - _ Sittings appointed to be held , in• Middlesex and London before the Right Hon. Edward Lord Ellen borough, Lora Chief Justice, Ste. in and after Hilary Term, 1818 : IN TERM. MIDDLESEX. tOsnos. Thursday January 29 Saturday. January 31 Wednesday February 4 Thursday February 5 Tuestbay to Wednesday ll xprEit TERM. Friday February 1$ I Saturda7 February 14 N.B. The Court will sit at Guildbfii on the 2d of February for the whole day. _ 't ALM A..—Tite Quotidienne contains a flaming account of the enthusiastic rapture with which Tabna has been received on his professional circuit. At one place, Beateres. through which he hail intended to pass without stopping, a deputa tion of 300 inhabitants went out to meet him, and beg that he would perform in their town. When he pleaded•other en gagements, they cut the traces of his carriage, and bore him along on their shoulders in triumph to the town_honse, where with gentle violence he was compelled to enter into an en gagement to act a few nights. Talma was much affected with these marks of admiration and attachment. The editor ado! Quotidierinc compares this entry to the trinmphal entries . . into Rome made by Scipio and Talina has returned to Paris, ail•! has obtained a lot tilighea respite betide lie re commences 'his labonrs before the public of the metropolis. AFRICA N EXPLDITION.—•A letter from sierra Leone mentions the return tu.that plaee of the 13ritish scien tific expedition for exploring the ix:tenor of Africa. — They were completely unsuccessful, having advanced only about 1.3 t) miles into the interior, from kin Nunez. Their proi;vess was there stopped by a chief of the country, and after anavailieg endeavours, for the space of four months, to obtain liberty to proceed, they Abandoned the enterprise, :tad returned. Nearly all the anhualslied. Several officers died, and, what is remarkable, but one private, bionics one droweed, of about 200. Captain Campbell died two dnys after their -.tr turn to iiio• Nunez, and.aas buried, with ano ther talliver, in the same spot where Major Peddie, and' • nue of his of6i..4rs ; were buried.= their advance. OLD BAILEY. AvEDNKii)A% , JAN, 14. The sessions commenced this day before Mr. Justice Park and Mr. Justice Abbott. James Alder, 3lsry Alder, and Sarah Wilson, were capitally indicted for stealing in the decclling house of James Kent, 6 watches and one dosed, and a half of silver tea-spoons, and other articles contained in his desk, his property. The prosecutor stated, that lee lived its the parish of St. Aim, Westminster, and on the 13th of December he went from twine, and on his relearn discovered that tbe property mentioned had bees, stolen. Satali Dobson deposed, that she knows all the three prison ers, and that on the evening of the 10th of December they came to her lodgings with a desk, containing the articles spe cified. Having divided it among themselves, she was em ployed to burn the desk, and received Ys. as a compensatiou for her trouble. Some other witnesses were examined, who identified the property, and the prisoners were all found Guilty. THURSDAY. Israel Chapman. the noted resturectionanan, aged 244 and George Scott, also age d t 4, were capitally indicted tbr robbing James Pal mer. on the - highway. of a purse, a half-sovereign, a shilling and three halfpence. The Jury found the prisoners both Guilty—Death. Chapman seemed very firm; he is a small sized rnan, anti was dressed in a black coat, white waistcoat, and dark small clothes. Scott is a. very fine lookiag matt, and was most genteelly dre s sed ;he appiaurd deeply sensible of hie situation. FRIDAY. FATAL DUEL.—About half-past 9 o'clock, the Court being very crowded, Mr. Theodore O'Callaghan, Mr. Charles Newbolt, and Mr. Thomas Joseph Phealan were brought into Court, and were arraigned with the usual forms. The bill had been found by the Grind Jury on the precoling night. Shortly after 10 o'clock the Judges enteral. and the prisoners were putfto the bar. There was a gloomy dejection upon their countenance , , such as became fliers who had been instrumental in the violent death of a fellow creature. The indictment was then read over by the Clerk of the Arraigns, and it charged the prisoners with having fern- niously, wilfully, and with malice aforethought, murdered I; annual There were no Counsel on the part of the prmeention. and Mr. Justice Park using read over the depositions titvea at the public office at Row street, called and examined the followng witneAses William Adams, of England's lane, near : his evidence did not differ front that gnen by him before, the Coroner, which will be found under the proper head in another part of our paper. Mr. George Redd, Surgeon, repeated the evidence which he gave on the inquest. Thomas Hun., an officer, proved the apprehensionlof the prisoners. George Neville confirmed the testimony of Adams and Rudd, as to the kuulnes, of the prisoners towards the deceased. The aridenm on the part.of the prosecution having been doled, the prisoners were severalle called upon for their defence. Neit' et Mr. Newbold nor Mr. Pitcairn made any defence; but Mr. Ol'al laglian, after having expressed his inability of speaking in public, handed in a written defence, which was in the following terms •My Lord and Gentlemen of the Jury.—l never apprehended that I should appear in a Court of Justice to answer for a crime. be cause I never had a disposition to commit one. My Lord and Gen tlemen. I have no other observation to make than to express my con fidence in your liberality and justice, and that you will believe me its this solemn declaration, that no man aiire. however closely connected with the brave man now no more, could more deeply regret than I do the unfortunate calamity which has brought me to this bar." s(r. Oteallaghan apptatral deeply afected. Witnesses to character were then called on the part of the prisoners ; and in favour of Mr. O'Callaghan were called, Colonel Murray, who had known bins since the year 1 812, and spoke in the highest terms of his character ae a quiet, mild tempered man. Mr. O'Connel, whoha4 known Mr. O'Callaghan nearly all his life, and Mr. Charles Strneart Radford, deposed to the same effect. On the part of Mr. Newholt, foul witnesses appeared.—Mr. Robert Baldwin had been i•atimately acquainted with his family fin a great number 01 Year:'., and with Mr. Newbolt since the cessation of hos tilities for t w o years, and fur mildness, humanity, and gentleman like conduct he gave halm an excellent character. Mr. Caisson, Lieu tenant Thomas Burke, and Captaie John Allenovntinued this state ment. For Mr. Phealan.—Mr. Woods. who had known him for twelve months, considered him to be a humane; honourable, and kind-hearted man; MT. Baker, Mr. O'Brien, and Mr. Tubb, gave him a similar character. Mr. Justice Park summed up the evidence, drawing the distinc tion between murder and manslaughter, and pointing out with great clearness. the peculiar features of the present case. He dwelt on the eirenmstance of the parties having gone to the field in the heat of Mood, before their irritatioalmd time to subside. It was a great thing. the observed) to say of men charged with murder, that they were peaceable, mild and humane in places which exposed the bloo'd to be heated, in military and naval offices where the blood wae much afloat, and where it was much more likely that they should have felt sudden heat and fury of the mind. He did not mentioa the several witnesses to character, because he stated in the most extensive teams that no men could stand fairer before the jury in point of character. T an h d e current of the times had set against all laws, divine w fo ou r t i h d e d m irect was tit u e ) it fi n nd tin a thi ve m adi gi ct v o e f a m i tt der or manslaughter . If they did not th ink it murder, they must find verdict T he l o i n e ly tn a l l s t t et t ee It mar slaughter. The.lury retired for nearly a quarter of an hour, and returned with a milict of Manslaughter against the prisoner. SIR WILLLIM GRANT.. An Address has been presented to Sir William Grant, on Ws ectirenteut from the Mills, by the Society of Praotitioners the several Courts of I .ttw anti Equit and the following Is the substance of Sir M. illiatit's.,Answer to the Adthis.s:— GLNSLEMLN.--T am much tiatteml by the favourable opinion which you entertain of my public conduct, and much indebted to you for tlyz geod wishes with which you accompany my retreat into pri vate life. To gain approbation ha- never been a motive unit me in the dise barge of duly, but to obtain it as the result of endcavouni f a i t hfully to exeettte the duties of an important office must be gratify ing to every well -ginned mind. The interests et' justice S•CVIII,%I to me to require that clue respect chould be shown to all, who, in the sever,J iwpartments connected with its atlminiuration, conduct:] themselves respectably. The practise,'" in the Court in which I lately presithxl. owe to their own cantina that treatment on my part with which they are pleased to express their satisfaction. Accept. Genth.men, my bet wishes for the proTerity of your Society. Society. and tbr its success in the attainment of the laudable objects for which I. understand it to have been instituted. ))uriuf the jorrney of liallaine ili• Krtnlh ner ihrangh village on the borders r O.se veral uu aof I, et. letters wcut to see her. A onnn att stbe peieenrd M tie Kotzebue. silo pay:Dived vapidly to him, an I called h int iu A lona voicia—" lie a votive' 1." M. de hot..4.itie ansu el e(l— l ant tee uhl," toxic a Ili bun . , ate! g.•t uto t 4i. ridge. if '. r