The National Register. — London, England, 1818-01-19 00:00:00

I _~ 3AN. 11 271 E LATE DUEL. CORONER'S INQUEST. —Wednesiliy alornial,at nine o'clock, to coroliers inquest was ileld at the Load of Hay, Ilavcrstock bill, u on the (Jody of Liem. Edintiod Bailey. Mr. Adams was the first witness examined, and he eon• Armed hi 4 forin•-i tostiniony. adhering to the essential points. la cooling to that part where Ilr. O'Callaghan went to Hump *teed for a coach for the deceased, The Coo onei Ntirling) asked what Alt. O'Callaglian's relative Nittlinitni was Mr. Noel, who is 4olicitor to all the prisoners, and, who at. tended to watch 'the proceedings of the inquest, observed, " As It will turn out that Mr. O'Callaglinu is a principal, it may be as well to mention it in this stage of the investiga tion." Mr. Adams.—l believe so. Mr. Curoner.—Was Mr. O'Callaghan the man who fired the shot by which the deceased fril ? Mr. Adams.—l understand so, from the situation of the parties. Mr. Adams, in addition, stated, that while the deceased was lying on the sofa, and was sensible he could not survive, he called O'Callaghan to him, and requested him to take his .right hand (fur it appeared quite dead and useless to I • ) and shake hands with him. lie did so, and the deceased tol.l 111111 that he forgave him, and said every thing bad been coo ducted in the most honourable way. The deceased then asked hint if it had been his (O'Callaghan's) case, would he have dune the same by bite? O'Callaghan replied, " Yes, my dear fellow, I certainly would, and I wish I had been wounded in the room ut you I felt your first ball about my legs (or something to that pur pose), and I wish it had taken erect." [The fact was, that it had goo • through both the lege able Irowsers, and through one boot.] Mr. Phealan.the friend of the deceased, went to town at the request of the deceased to execute some commissions for hint, bat returned after the death of the deceased, and surrendered himself to the peace officer. Mr. Coroner.—Who stood opposite to each other? Mr. Adams.—l have uo doubt but they were O'Callaghan and Haney, as they were in dark grey coats ; the others were in blue. I have no doubt that they were the persons who stood in opposition to each other, as I saw the smoke ascend front them. . . Coroner.—Did you see any pistols? Mr. Adaius.—l did not until I saw them on me table. I don't know who put them there. I was in a considerable state of agitation, as might be supposed. Coroner.—At what distance do you think they stood ? Mr. Adains.—l think about twelve or fourteen yards : they were 4 or -WO yards from me, and therefore I cannot tell at:- eurately. Coroner.— Did you see the seconds deliver the pistols Mr. Adams. —I s aw the seconds New bolt and Plicalan go up to O'Callaghan and Bailey and give them something, and then they receded from them. I supposed this to be givnig them the pistols. One of them fired a pistol over the hedge, and I afterwards understood that toere was an obstruction in the barrel which prevented the ball from going down. Coroner. —Di ; you bear any explanation given relative to the cause of the gnarrel ? Mr. Adains.—'f here was some explanation given by O'Cal dagban and Bailey ; they said they were seconds iu a duel which was to have taken place the morning before. Sonic of them said, We were nut to blame, it was not our quarrel." Corouer.—Who said this? Mr. Adams.—l believe these words were used by all, but I am pretty suredhey were by Bailey. Corouer.—Did they state what the nature of the quarrel was? Mr. Ailains.—No, they did not ; but O'Callaghan told me be received the challenge, but it was not in the prokruce of Mr. Bailey Voroner.—Did O'Callaghan say where he received the chal lenge ? Mr. Adams.—No, lie did not. Cot (mei .--Is there any thing that occurred to the parties that you think material? Mr. Adams.—No ; I have kept nothing back ; they did not say any thing that gave me to understand how the quarrel arose. Mr. Norf.—Did not Mr. Bailey say lie wanted to speak to Mr. I'healan in private e Mr. Adanis.—Nut that I know. Mr. Redd, the surgeon.—lt was I who suggested it to Mr. Bailey, on seeing the danger Ile was in, that if he had any thing to say to alr.Pliealatt, lie had better da it, and I would beave the room. I did so, and they had a conference, which lasted ten minutes. Mr. Adams.—l found a paper in Mr. Bailey's pocket ;it applies only to the other duel which was to have been fought. Mr. Noel begged, that it' it was .read, the names of the other party might not be given, as it might lead to circum stances clan unpleasaiit nature. Mr. Sterling read it, excluding altogether the names men tioned, but denounced out party a coward and a poltrouf:. Mr. Adams.—lt may not be amiss to state,that Mr.O'Callag ban said,taat,if he had been principalin the first case, he would have waited on the ground for seventeen hours ; but as he was second, he had a right to bring his man off the ground as soon as he could. It was now stated, that Mr. O'Callaghan had been thrice votintl.d, and was at the battle of It aterioo. Lieut. Bailey bad received no less than five wontitts in battle. Mr. Gees ge itodd, surgeon, of Ilanipstead, stated, that oh t.t. .11 a itiag last, awnm lea 0 . ,10ck, lie was eddied to at tend a gentleman who had been wounded iu adm I, b u d he comet 11141 at the house of Mr. Adams, sitting on a mita, slip. ported by several geutlemen. His right side was olutiy. Upon examtnatitni nr. tunnel a wound in his right side iit.arly on a level wi h the ita% el, evittentl!. made by a bail. .0,1 fur ther examtilatioit, he torrid that the had had pi hoisted through the both to the opposite side ; ii was buried octet ecii the museies anti tile skin, and lie extracted it from theuc , . He saw a marked anxiety in the etitnitenanue of the tieceast which cons itteed lion that a patt of vital importance had beets stuck :my the bah. His extremities were then coal. Aft* rue h4.mesao a med tile I, he told rim dee espo d that ha, sitnation was such, that it lie had any thing to coimutiiiie,te to api tsar mewl, he ought to do it forthwith. The de ceased lived fur about three limns, and amass ex. 111 l Med the hotly, and found that the huweis 'lad peen w Ivil lii uucc separate . places. lie hall had passed tin ton Alt the sifostrot , which, ttigellien with tile luwmmurihage Wat 01 , MA, nits cause ut his di Atli. After Wilikes , ll.o the asked the deceased if every thing nail heels lull ? and lit. S.lall 4, decidedly so." Mr. O'Callaghan Was time room shortly -balms ids dea th , and appcaxcd deeply alrected. The da THE NATIMCAL REGISTER. • ceased a4kett him to hold his hind in a particular position, as it gave:him ease., which he did. The deceased during this, cant to witness and to O'Callaghan, " God bless gun, and I thank you for your attention." Mr. Phealati, who had been Mr. Bailey :4 second, was in the room ; and after witness had told the deceased that ille huh ally thing to cminnunicate to a friend he had better do it forthwith, willies% quitted the room and left 'lr. Phealan and the deceased together. The dc ceased CtEIWi(IIIA of his datiger. O'Callaghan said, '• Never I, my good fellow, we shall be walking together again in a few weeks." Deceased replied, " I shall be in Heaven bet ore then." Wit nice said, no men could behave more kindly than all of them 'lid to the deceased They went awas to execute sonic kind ntfiers ter the deceased, and having execu►ed them, returned, unattended by any officer. They might have gone away if they had thought tit. Mr. (;corer Nevill, of toe tax-office, Soinerset-house, and Ingram's-lane, Hampstead, stated, that lie did not know any of the parties previous to Monday last, when lie was proceed. ing In 10W11 about ten o'clock in the morning, and had not got more than a dozen yards from his house before he heard a conversation between Mr. Adams and Mr. Newholt ; he pro. ceeded with Mr. Adams, and Lieutenant Newbult. lie con firmu•d the statement of the preceding wititess. This closed the evidence, and the Cormier then informed; the Jury , that it would be their painful duty to view the body they then proceeded to the !moose of Mr. A dains, and, basing taken a view of the body, returned to the 1.04t1 of Hay, and after being culled over in due form, Mr. Stirling addressed them :—They had the observed) heard the evialenve, and had paid the greatest attention to it I he was ready to r;capitu• late it, it they thought it necessary, but to him it appeared very simple;. however unfortunate the transaction was, those engaged in such. transactions were, according to the esta blished law uputt the case, subject to very severe puni Itment. As far us the law of the case w ae concerned, he (Mr. Stirling) was firmly of un (Tinian, that it iimuntited to murder : but it would remain for the jury to return such a verdict as would satisfy theii own consciences. The jury retired fin neatly an hour, and returned a verdict of Wilful Murder apii , uct all the partirs concerned. This ver dict was acrompaiiied by several observations expressive of their abhorrence of the conduct of some of the parties con cerned; but 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 de. ceased and Mr. O'Callaghan meeting-; but they begged him not to mention it, and he did it with great reluctance. On Saturday week, two gentlemen (whose names he eid not mention)lmairelled at an hotel, and the present principals (()'Callaghan and Bailey) were to have been seconds, and they agreed to meet on Sunday morning the 11th inst. It was appoMted that they should meet at either the White Hart or Load of Hay public houses; 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 had the other gentleman went to the Load of Hay. Mr. O'Callaghan finding that the parties did not meet at the time appointed, he took 116 friend away. Mr. Bailey was waiting with his friend at the White Hart. and being irritated at the other party not mecting.them, he went to his hotel, where the quarrel first ataimenmd, and he placarded O'Cal laghan's friend, and. O'Callaghan placarded Bailey c friend. When Bailey and O'Callaghan met at the hotel, they charged each other with purposely avoiding to meet that morning, when a challenge en sued, and they agreed to meet next morning (Monday), not at a pub. lie-house, but °tithe ground where they.fought. WELCH ORDER.—The following is the promised list of the new knights : THE SOVEREIGN. 1. and 2. To be filled by two Prinesa of the Rhwd Royal.--3. The Marquis of Anglesea.-4. The Vi , count Bulk('ley.-5. 'the Earl of Cartligan.-6. The Viscount Dungannon.-7. Sir Watkin Williams Wynne, Bart.-1. The Lord The Earl of rowis.- 10. The Lord Kenyon. - 11. The Lord Gwydir.-12 The Lord Dynevors—Prcbend of the Order, the I.ord Bishop of St. Asaipli.— Chancellor, the Lord Bishop of liagnor.—Registrar. Rhys Jones, Esq.—Geneaologist. R. Richards, Esq.—Poursuirant, Heralds, Gen tlemen Usher, &e. at the disposal of the Earl Marshal—lithand, light green edged with white.—Motto, Crum/ter . ihrti!rus cl bonis. Sittings appointed to be held in Middlesex And London before the Right Hon. Edward Lord Ellen borough, l ord Chief Justice, Sze. in and after Hilary Term, 1818 : 1N TERM. MIDDLESEX. LONDON. Thursday January 29 Saturday lAntiary 31 Wednesday February 4 Thursday February 5 Tuesday ln Wednesday ll AFTER TERM. Friday February 18 I Saturday February 14 N.B. The Court will sit at Guildhall on the 2(1 of February for the whole day. TALM Qttotldienne contains a flaming account of the enthusiastic rapture with which Palma has been received on his professional circuit. At one place, Bezieres, through which he had intended to pass without stopping, a deputa tion of 300 inhabitants went out to meet hint, and beg that he would pe rform in their town. %Viten he pleaded other en gagements, they eat the traces of his carriage, and bore him along on their shoulders iu triumph to the tow mbouse, where with gentle violence he was compelled to enter into an en gagement to act is few nights. Telma was much affected with these marks of admiration and attachment. The editor °film Quolidieurie compares this entry to the triumphal entries inm Home made by Scipio and Talma returned to Paris, and has obtained a fot might's respite before he re imminence& his labours before the public of the metropol:s. AFRICAN EXPIDITION.—A letter from €ierra Leone mentions the return to that place of the British scien tific expedition for exploring the interior of Africa.— They were completely unsuccessful, having advanced only about 150 miles into the interior, from Rio Nunez. Their progress was there stopped by a chief of the country, and after unavailing endeavours, for the space of four mouths, to obtain liberty to proceed, they abandoned the enterprise, and returned. Nearly all the animals died. tieveral officers died, and, what is remarkable, but one private, besides one drowned, of about 200. aptain Campbell died two days after their return to Rio Nunez, and was buried„ with ano ther officer, in the same spot where Major l'eddie, and one of his oaken, were buried on their advance. OLD BAILEY. WEDNENI)4I JAN, 14. f 23 The 'tensions commenced this day before Mr. Justice Park and Mr. Justice Abbott. James Alder, Mary Alder, and Saral► Wilson, were capitally indicted for stealing in the d►selling tionse of James Kent, 6 watches and one duaen and a half of silser j-spouns, and other articles contained in Isis desk, his property. The prosecutor stated, that he lived in the parish of St. Ann, Westeuinsier, and r n ► the 1351► of Deeeinuer he went from home. and on his return discovered that the propel ty mentioned had been stolen. Sarah Dobson deposed, that she knows all the three prison ers, and that on the evening of the toth of Decemner they CAMC to her lodgings with a desk, containing the no tides spe cified. Having divided it among tliveuselves, she wa+ em ployed to hunt the desk, and received 4v. as 4 compensation for her trouble. Smite other witnesses were examined, who identified the property, and the prisoners were all found Israel Chapman. the noted resin reed:ln-man, aged 24, and George Scott, also agLd 24, were capitally indicted for robbing Jamey Pal mer, on the highway, of a pure, a half-sovereign, AI ►hilling and three ludtpence. The Jury found the prisoners both Guilty—Death. Chapman se cued very firm ; be is a smell sized ni.m, nal was dressed in a black coat, white waistcoat, and dark smell eluzlies. Scott is a very fine looking intn. and was most genteelly dressed ; he appeared deeply sensible of his situation. FRIDAY. FATAL DUEL.—About half.past o'clock, the Court being eery crowded, Mr. Theodore O'Callaghan, Mr. Charles Newholt. and Mr. Thomas Joseph l'healan were brought into Court, and were arraigned with the usual forms. The bill had been found by the Grand Jury on the Feasting night. Shortly. after M O'clock the Jude entered, and the prisoners were putt.° the bar. There was a gloomy dejection upon their countenance: such as became men who had been instrumental in the viol e nt d eat h of a fellow creature. The indictment was then read over by the Clark of the Arraigns, and it charged the prisoners with having tdo— niously, wilfully, ::.nd with malice aforethought, murdered Edmund Bailey. . . _ . . • There were no CounA on the part of the prosecution. aQd Justice Park having read over the depositions given at the public office at Bow.street, called and examined the following witnesses : William Adams, of England's lane, near Chalk-farm : his evidence did not differ from that given by him before, the Coroner, which will be found under the proper fluid in another part of our paper. Mr. George Rodd. Surgeon, repeated the evidence which he gave on the inquest. Thomas II ,an officer, proved die apprehensionlof the prisoners. George Neville confirmed the testimony of Adams and Wald, as to the kindness of the prisoners towards the deceased. The evidence on the part of the prosecution having been closed, the prisoners were severally called upon for their defence. Neither Mr. Newbolt nor Mr. Phealan made any defence; but Mr. O'Cal. laghan, 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 .1 ury.—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 ob,ervation to make than to express my con fidence in your liberality and justice. and that you will believe me in this solemn declaration, that no man alive, however closely connected with the brave man now no more, could more Amply regret than I do the unfortunate calamity which has brought me to this bar." Mr. O'Callaghan appeared deeply affected. Witnesses to character were then called on the Feta the prisoners; and in favour of Mr. O'Callaghan were called, Colonel Murray, who hail - known him since the year 1812, and spoke in the highest terms of his character as a quiet, mild tempered man. Mr. 0 Connel, who had known Mr. O'Callaghan nearly all his life, and Mr. Charles Stewart Radtbrd, deposed to the same effect. On the part of Mr. Newholt, four witnesses appeared.--Mr. Robert Baldwin had been intimately acquainted with his family for a great number at years, and with Mr. Newbolt since the cessation of for two years, and for mildness, humanity, and gentleman like conduct he gave him an excellent character. Mr. Caleton, Lieu tenant Thomas Burke, and Caputiu John Allen, confirmed this state went. _ For Mr. Phealam—Mr. Woods, who had known him for twelve months, considerid him to be a humane, honourable, and kind-hearted man; Mr. Baker, Mr. O'Brien, and Mr. Tubb, gave hint 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. lle dwelt on the eircntustance of the parties having gone to the tield in the heat of blood, before their irritation had time to subside. It was a great thing, (he ohterval) to say of men charged with murder, that they, were peaceable, mild and humane in places which exposed the bleod to he heated, in military and naval offices where the blood wiw much afloat, and where it was much more lik ly that they should bavelelt sudden heat and fury of the mind. lle did not mention the several witnesses to character, because he stated in the most extensive terms that no men could stand fairer before the jury in point of character.- The strew current of the times had set itself agaisA all laws, divine and human. lle trusted God would direct their minds to give a just verdict. The only alternative for them was to find a verdict of mur der or manslaughter. If they did notothink itmurder, they must find it Mlll7 slaughter. The.' nry retired fcr nearly a quarter of an hour, and returnetl wilh a cerdict of Manslaughter against the prisoner. SIR WILLIAM GRANT. An Address has been presented in Sir William Grant, on eirretiiemeut from the Rohs, by the Society of Practitioners a the several Courts of Law and and the f.imwing is the su bstance of Sir William's 100 the Ad ',Ts.: GENTSZMEN,-1 am much flattered by the favourable opinion which you entertain of my public conduct, and much indebted to you for the good wishes with which you accompany my retreat into pri vate life. To gain approbation ha. nev,r 6.7rn a motive with me to the dis barge of duty, but to obtain it as the result of endeavours faithfully to execute the duties of an important office must be gratify. ing to every well-formed mind. The interests of ,itimice seemed to me to require that due respect should be shown to all, who, in the several departniesta com•txted with its aulniinistration, conducted themselves respectably. The practisers in the Court in which I lately presided, owe to stlis4r own conduct that treatuient on my part with which they are pleased to express their satisfaction. Accept, Centlemen, my best wishes for the prosperity of your S'wiety, and for its success in the attainment of the laudable objects tor which I understand it to have been instituted. Doting the journey , of Madame de Lind. tier throneh a sillsige on tke borders of Weijn.o, several no is or science and •tier. wet to Set he A. soma '1 she orreoi% M ila mmzebm , she 'draw ra:o•liy to him, an I railed On in a I nil voi , e—" Be a eon vel i." M. I;e KolLtbue allSWel ed— I ant too old," made a yr , :found bon, and got iuto Ws car.