The British Press; or, Morning Literary Advertiser. — London, England, 1803-04-23 00:00:00

11.43QUER.fbE s ICCCTS TMEATRas HAY-MAIL:tr. Public expOtation hl; cello's' been higher wrought up, or more disappointed than in the amusements of Thursday night. The deors of the temple of pleasure were thrown open shout eleven, and before midnight were assembled, not the motley disciples of Aioasae, leading along the star-bespangled nymphs of the laughter-losing godless, but an actual funeral-procession • such crouds of black dominos we have never before remembered to have met. They moved like mile Alines, attending on the obsequ ies of poor depart Warn. Not even a one evening Mid 'ideller, nor noisy clapper of one breeding . watchman broke the dull silence. 'Twits certainly a chaste assemblage—though not a single N., was in the gmupe ; nor could we observe, r(perhaps for the foreening reason) one solitary zria-. On the other }gals there were very few Naas, and not a single indecent figure, if we except • brawny red-armed CyPrian, with pink sattin trowsers, flinging her :rattle,: hulk along the benches. There were a couple of Harlequin':, in deed, of whom one was so young, displaying a beardless chin, and a very handsome dress, that many followed him as a lady. The most remark able figures, and best supported characters, were as follow : An old-fashioned Lady, furbished up to modern modcs,l with the figures 1803 upon one side of her face, and 1776 on the other. An exceeding good young /Yammer, or country clown, without a mask, but his face well stained and pninted ; he was easy, natural, and clever. A well dressed, but most melancholy Hatlart, asking every nymph he met, " if she was Timone—then "to a nunnery go." Ano ther Hawks, stark-se-trim; mad, and indeed almost stark-naked, kicking, ancing, prancing about, and displaying one leg covered with a flesh coloured stocking, and one arm cased in a lady's glove ; indeed, what this person's own idea could have been, was not quite clear. A well-dressed Hussar, and two beautiful Spanish Ladies, habited in very correa costume, and exactly alike. Two or three Fool:, who made many : and a Misehiefeeekee, who, when cktelted, pointed to a label fixed on bis huge cocked bat, denoting Nobody; he made many praCtical hulls, for wherever there was a crowd, you were sure to see Nobody The music in the King's Concert Room, was excellent, aid strew off most of the best dancers. There they were less incommoded than in the Sale des Spate'- s/a, where a box or two contained some musicians, who 'tole too much and tnoloud,andpla ‘ yed too little. About two in the morning, a pair of female voices delighted the company in the Concert Room, by a very sweet and well executed Duet : but as this happened during high supper-time, few heard it. The supper was laid on long rabies above stairs, and, by a new regulation, none were admitted even to enter the room, till they had paid their seven shillings, on the upper lobby. We do not believe there was much wine drank, as the gentle men continued. marvellous sober and taciturn, and by four in thenorning even the very cl-urishs and table-cloths *re carried off in baskets, and no sign of hanquetting remained. Four hired hurdy girdy girls strolled about the floor, stenatiez cut music ; and plea t of natural-looking, strapping Chamber: wide, 'weft away all before them. The regulation to enforce the wearing of some charaderistic habit or domino, was very properly ob served with respell to the gentlemen ; nor did we observed all night above two or three who hat/ eluded it. One of these persons sported his cloth pantaloons and round hat, most perfeitly at his ease. Upon the whole, the male part of the company were, like Master Stephen, in &n Jonson's comedy, " lifelancivly and Getulananliis:" the females, fiee and frolicsome. Indeed, to judge by the dis play of panting bosoms, which dazzled and de lighted, they were fair, but notforte. The Prince of WA I. ts, though long expelted, and much ss :itched for, w e ns not there, nor any personage, that we could discover, of sufficient consequence to compen sate for so great a deprivation. At half-past five the house was nearly cleared, and the morning being fine the outside fra ,, ertzer: were regaled with theradlingering looks of many tired Hoydens, and some disappointed orange girls, who, with- their stock on hands, slowly retired to their solitary cheat- In France, where masquerades are so frequent, cheap, and entertaining, dominos are to be met with as in England, but not all of one colour,and that colour so extremely sombre. Nor is it fair to make these robts, which were instituted as vestmerts of elegance and mantles of wit, cloaks for dulness, and cover:lw, for &shah:7k. An Infirmary for the C minty of Bedford is very nearly compleated at Bedford, according to the Will of the late Mr. WHITBREAD, who bequeathed for that purpose the princely legacy of 8091. It will be ready for the reception 0! patients in the course of the summer.—At a numerous and re ix.ilable meeting of the Gentlemen of the Town and County, held yesterday at the swan Inn, Bedford, GODFREY THORNTON, Esq. High She rif, in the Chair, Dr. YEATS was unanimous!i appointed Physician to this charitable Institution.— Dr. YEATS addressed the Meeting in an appropri ate speech on the occasion, stating the origin of such Charities, and delineating in animate language the benevolent charaeter of the pious and munificent founder of the Infirmary. _ In our account of the Mceting of the Literary Fund. the Earl of Nlo Ina's second donation of eoi. was omitted. His Lordship's health was proposed by Lord PELH got, and drank with enthusiasm. FRANCIS SITWELL and ALEXANDER ALLEN, Esqrs. have been returned Members for Berwick. The following was the State of the Poll at the Baal close : • Francis Sitwell, Esq. (Mr. Friend) - 349 MOM Allen (Mr. Ford) ce's friend) - - 318 Sir Jahn CaHinder, Bart. - - 306 A List of the Di accra r.s of the United Company of Merchants of England, trading to the East-In d;es, for the year 1803. Sir William Betriley, Bart. J.l( lb Bausniuet, 14q. Sir John Smith Borges, Bart. Jois-ph Cottnii, F. 44. Sir Lionel DareU, Bart. William Devaynes, Este. 1 he khan. Win. Elphinstotte. Simon Fraser, Esq. Charier; Grant, Esq. Juba nittiti(eason, Esq. Will:arn Adair Itekrarin, Fog. Su it pen Luil.ington, Bart. Charles Mills, Esq. Thomas Parry, . Edward Parry, Esq. R. Chick. Plowden, Esq. Abraham Roberts, Esq. John Roberts, Esq. Ge' owe. Smith, Esq. Robert Thornton, Esq. Waliana Thornton, Esq. Sfeany Toone, Lei. lu s s e Tram% Esq es Williams, Esq. OLD 11/111.111 - .. 1"/III3Ar g APRIL 22. Before Mr. .7utii.-e Haaan. About a quarter before pne, Capt. At:mature Was led into Court, supported by his friends, and accompanied by Mr. Heaviside; he appeared ex tremely pale and weak, and far from having reco vered the effeds of his wound. The Court immedi ately indulged him with a chair. Mr. Skelton, Clerk of the Arraigns, addressing him, said, " James Macnamara, you stand charged on the Coroner's Inquest, for that you on the 6th of April, 1803, did, with force and arms, in the parish of St. Pancras, in the county of Middlesex, on Robert Montgomery, Esq. feloniously make an as sault, and a certain pistol, of the value of ten shil lings, charged and loaded with powder and a leaden bullet, which you held in your right-hand, to, and against the body of the said Robert Montgomery, did feloniously sboot off and discharge, and did felo niously give with the leaden bullet so ac aforesaid discharged by force of the gunpowder in the right side of the body of the said Robert Montgomery one mortal wound; so the Jurors aforesaid upon their oaths say, that the said Robert Montgomery in manner aforesaid you did feloniously kill and slay, against the peace of our Lord the King, and against the form of the statute."—The prisoner pleaded Not Guilty. Mr. KNAPP—" Gentlemen of the Jury, you have been informed by the Officer of the Come of the na ture of the charge which is exhibited before you in this occasion, and which you are called upon to try. You find :hat it imputes to the Gentleman at the bar, the offence of shooting with :t pistol another Gentleman of the .name of Montgomery. II the course of the very few fans I shill have the honour of submitting, I shall carefully abstain from mak ing any observation.; that migiit in the least preju dice the minds of you, the Gentlemen of the Jury. I feel that all cases when they come into a Court of Justice, ought to be tried upon the evidence given before the Jury, and on that only ; I feel in this case what Ave are often sensible of, that much pre judice has been excited in consequence of what has already appeared in.the public prints. One cannot but feel the gr.!at impropriety of making' premature observations on cases which are afterwards to be tried by a Jury, but it is peculiarly improper to pretend to detail the evidence given aaainst a person accused ; a prthice which cannot frail to prejudice those who are afterwards to pass on his trial. In the course of the trials during the present Sessions, I have had the good fortune to find that no such par tial observation could have the effect of influencing the minds of the Jury. I am therefore confident that in the present instance too they will consider the oath they have taken, and try the merits of this inquisition upon the evidence detailed to them.— Gentlemen, the charge then that is made before you on the inquisition, is that of Manslaughter only ; and you full well know, what must give every one of you satisfaetion, that it is a charge which does not affeel the life of the prisoner ; but nevertheless, it is a charge of very great importance to the interest of society and the public. In proportion as the charge is one of such extreme magnitude, so ought to be the anxiety and attention of those who are to hear it, and who are to judge of it. The circumstances and facts of the case r will briefly state to you, for I am not aware of any question of law that can arise upon them ; and if I was aware of any, I should feel it unnecessary in a Court constituted as this is to venture my opinion, because you would have it better stated to you by the Learned Judge, and I should probably puke some mistake which might affect the prisoner at the bar. The only question you have to try is, whether the Gentleman who is stated in the inquisition to have lost his life, log it by the ad of the prisoner ; lost it in a rencontre which took place between them at Primrose-hill ; and if you are of opinion that the prisoner was the cause of the death of the deceased, in consequence of the pistol he fired at him in that rencontre, there can be no question, but your verdict must find him guilty of manslaughter. Both the prisoner at the bar anct..the gentleman who has lost his life, are persons most respedably conneded. The prisoner is a gentleman of acknowledged bravery in the ser vice of his country, and eminent for those qualities which deserved to be highly spoken of. The de ceased was a man whose charader, in those respeds, was similar ; he was a man deserving the affedion and regard of every one who knew him. I am only the feeble instrument of the family of the deceased, to lay before you the fats of the case, neither wish ing, nor being . instrated, to say any thing that may operate in the least to the prejudice of the prisoner. I only wish to discharge my duty to the public by submitting the circumstances of the case to you ; the &Ss lay in a small compass." The Learned Counsel shortly stated the facts, Nvltich we shall more mi nutely describe in the language of the witnesses. He adverted to the origin of the quarrel between the prisoner and the deceased ; their subsequent meet ing at Primrose-hill, attended by their seconds and surgeon, and the fatal result of that meeting ; having done so, he thus proceeded—" I have abstained, ( kn tlemen, from stating these circumstances to you with more force than [ have done ; I have abstained from making any comment upon them, because I have deemed it my province to leave you to draw your own conclusions from the evidence itself; I have performed my duty in laying the outlines of the case before you. The prosecutoy (and God forbid . he should do otherwise) entertains no wish, no isnxi-.1 ety, about the fate of this prosecution ; he only de sires me to submit the case to you, in order that you may give that verdkt which j astice, and the peace of society call upon you to give. And if your ver dill should have the effect of preventing the repeti tion of offences of this sort, it will be one of the most beneficial trials that has ever taken place, be cause there is no offence that is mom injurious to the happiness of social life, and the peace and tran quillity of the public. Gentlemen, I have nothing further to add." William Sloane, Esq. sworn—l was in Hyde-park on Wednesday the 6th of April, between the hours of four and five in the afternoon. I was on horse back, in company with Colonel Montgomery, the deceased, and my brother Stephen Sloane. There was a Newfoundland dog following Colonel Mont gomery ; there was another dog of the same species following some gentlemen who were also on horseback ; we were in that part of Hyde park between the bridge and the barrier; the dogs began fighting ; Colonel Montgomery turned round and jumped off his horse to separate them : they were separated; I beard Colonel Montgomery • call out-.." Whose dog is this ?" Captain MAttlas ;Tiara antWeral "It is my dog ;" COL Montgomery said, " If you d o n o t ca ll your d og o ff I s h a ll knock him down." Captain Macnamara replied, " Have you the arrogance to say you will knock my dog down ?" Col. Montgomery said, " I certainly shall, if he falls on my dog." About this time Lord Bock horst came up, and some further convasation pass ed. I heard the word arrogance made use of rave; ral times ; Captain Macnamara made use of it ; *e all proceeded to Piccadilly; C9l. Montgomery and Capt. Macnamara gave theirrframes to each other. The prisoner said, he was Capt. Macnamara of the Royal Navy ; C o l one l Montgomery said, " It is not my intention to quarrel with You, but if your dog falls'on mine, I shall knock him dawn." Nook leave of Col. Montgomery at the top of St. James's street, with the intention of going home. I saw Mr. Macnamara's party turning back to go down St. James's-street ; at that time I had got a little way up Bond.street ; Col. Montgomery went down St. James's-street with my brother; I afterward; saw Mr. Macnaniara in Jerrnyn-street.' Colonel Montgomery had proceeded as far as St. James's, church ; they were about thirty yards .from the church ; a person, I believe Captain Barry; went from Mr. Macnamara to Col. Montgomery ; I did not see him return again. Mr. Macnamara said, " How can I prevent dogs from fighting who meet in the open fields."—On his cross-examination he said, " I saw the dogs begin to fight ; there was no reason for supposing the sings were set on. Capt. Macnamara was dressed as a gentleman, and had the aptkearaace of one, and there could he no rea son for supposing be set his dog on the other. Co lonel Montgomery said, if he did not take his deg off, he would knock him down; he did not say it in the gentlest manner, as gentlemen are accustomed to speak to each other; he said, if Captain Macna mara was offended with this expression he knew where to find him ; he said tlsis subsequent to the tins* when he knew Captain Macnamara was an offi cer of the Royal Navy. Stephen Shaine, Esq. stated, that he was also in Hyde-park when this affair commenced ; he saw the dogs fighting, and heard the threats of the de ceased. Capt. Macnamara rode up and said, " If you knock my dog down you must knock me down afterwards." Col. Montgo.riery replied, " This pub lic place is not proper for the adjustment of a dis pute ; my name is Col. Montgomery, you know where to find me." He added, Capt. Macnamara could not suppose he meant offence by desiring him to call off his dog, or by saying he would knock him down. Capt. Macnamara said, he did not feel himself offended at that ; but that if Col. Montgo mery did say any thing that was intended to affront him, he would take it up with the greatest eager ness ; I recollect Capt. Macnamara using the term " arrogant" several times. The rest of the witness's evidence in chief corroborated the statement of the former witness. On his cross-examination by Mr. Garrow, he said he did not recollect Col. Mont gomery saying it might depend upon circumstances whether he knocked Capt. Macnamara down. Lord Buckhurst said, he was not present at the first dispute about the dogs • he came up after wards, and heard Captain Macnamara say, that the salty in which Colonel Montgomery had desired him to call off his dog was arrogant, and not words fit to be used from a gentleman to a gentleman; Col. Montgomery said, " Do you feel yourself in jured ?" Capt. Macnamara replied " No ; not from what you have said ; but if you say any thing that shall affront me, I will take it up as soon as any man in England. Col. Montgomery said, " It is not my intention to have any quarrel with you, but I shall adhere to what I said ; and if your dog at tacks mine I will knock him down." Capt. Macna mara said, he would as soon revenge an insult as any man, and would fight Col. Montgomery as well as any other man who offered him an injury. Capt. Macnamara was shaking his stick, but it ap peared to be an involuntary action, the consequence of his passion, and not intended as an insult. Charles Smith said, he was in Hyde-park on the 6th of April, and saw the deceased, and three or four other gentlemen, riding towards the harrier. The two dogs began fighting before he came up ; Col. Montgomery turned back, got off his horse, stood over the dog, and said, " I will knock the dog down." Ca e t. Macnamara rode up and said, " If you knock the dog down, you must take the consequences, or knock me down too." Col. Mont gomery said, " Why do you not call your dog off ?" Capt. Macnamara replied, " I did not chuse to call my dog off, and I will not be didated to by you or any man." Col. Montgomery got on his horse and said, " Well, Sir, if your dog fights mine, I repeat to you, I will knock him down; and you shall be very welcome to know where to find me ; as a Centleman, you might have called your dog off ?" apt. Macnamara, said, " No, Sir, I did not chuse it ; I chased to let them fight, and I tell you again, I will not be dictated to by you, or any man ;" he added, " I ought to know now where to find you, for what you have already said." At this time se veral gentlemen closed, and the witness did not hear distindly what further passed. Thomas Latch, servant to Mr. Dean, a stable keeper in Bond-street.--I was ordered to go with a chaise to St. James's-street ; Capt. Barry came up in a hackney-coach, and ordered me to follow him ; I followed him to Bury-street ; as soon as I turned the corner he stopt ; he pulled a case out of the hackney-coach, anti put it in my chaise, and ordered me to drive to Dover-street as fast as possible , he ' desired me to stop at No. 8 ; I stopt there ; I deli vered the case out to Capt. Barry, and he took it into the house. Capt. Barry came out of the house in four or five minutes ; first alone, and then with Mr. Heaviside, bringing the case with him. Capt. Barry and Mr. Heaviside got into the chaise, and desired me to drive to Chalk-farm. Just before I got there, a gentleman with one arm stopt us (this gentleman was Sir W. Keir) ; I drew up, and Capt. Barry got out and walked with the gentleman with one arm ; in a short time Mr. Heaviside got out, Sad walked with the others into the field. Diredly afterwards a hackney-coach ca up ; no person go': out; a gentleman asked OE . coachman where his company was. The witness merely added, that the deceased then got out of tisk hackney-coach, and and they all went in the same dire&ion to the field ; the witness did not see ant thing happen ; he went to get a pint of beer. In about a quarter of an hour, or twenty minutes afterwards, the gentleman who came in the hackney-coach was brought down to the house • the gentleman the witness had driven got into the Three King's chaise, and went away. . Daniel Farrow, past-boy, belonging to the 'three • Mccadilly.—On Wednesday, the tint April. a gentlenian came to me to get a chaise to go to Chalk-farm ; I went with the chaise and a servant in it. When I got to Chalk-fartn I saw a chaise at Dean's, and three or four gentlemen standing toge ther opposite the window; they went together to the field ; after they got there I heard a firing, but no more than one report; there were two gentlemen with pistols, and Mr. Heaviside, and the gentleman with one hand ; Col. Montgomery, and Capt. Mac namara stood at three or four yards distance; I saw Col. Montgomery fall ; I saw Mr. Heaviside putting lint on him; the other gentleman saw Capt. Macnamara was wounded ; then he went to Capt. Macriamara and put lint on him too. I was ordered to fetch the chaise ; I had Capt. Macnamara in my chaise and brought him down to Chalk-farm, :nal the hackney-coach Was sent for Col. Montgomery; he was not dead ; I helped to carry him up stairs ; I took Capt. Macnamara to Blake's Hotel in hr. myn-street. It was almost dusk before he arrived there. James Harding, vintner, Jermyn-street.—l was at Chalk-farm on Wednesday, April 6 ; I observed the party, Captain Macnarnaza, Colonel Mon;;ome ry, and three other Gentlemen ascending Primrose hill. One of the parties desired the servant to bring a case out of the chaise ; this opened my eyes to the business. I stood about fifty yards distance from them ; I saw them conversing together, and prepar ing the pistols ; one was discharged to see whether they were in good condition ; the parties separated. Colonel Montgomery fired, and Captain :Macnamara fired, they stood face to face, both fired at the same time; Colonel Montgomery fell, Captain Macna mara did not ; Colonel Montgomery was extended on tthe ground, and shortly after Mr. Heaviside opened his waistcoat, and looked at his wound, it was on the right side ; Mr. Heaviside administered relief to him, and then went to Captain Macnamara. I think he said he Was wounded, and that he must bleed him ; I assisted in carrying Colonel Montgo mery ; his eyes *ere fixed, and he was groaning ; I saw the corpse afterwards on a bed in Chalk-farm. Lord Buck-hurst deposed to his having seen the corpse, and he proved its being that of Colonel Montgomery. This closed the evidence for the prosecution. The prisoner was called upon for his defence. He entreated the Court to indulge him with the permis sion of addressing the Jury sitting, as he felt much pain and inconvenience from his wound. His request was instantly complied with, and he delivered himself in these words. " GENTLEMEN Of THE JURY, " I aiipear before you with the consolation that my charac ter has already been delivered, by the verdict of a Grand Jury, from the shocking imputation of murder; and that although the evidence against me was laid before them, without airy explanation or evidence of the sensations which brought me into my present unhappy situation, they made their own ins pression ; and no charge of criminal homicide was found against me. I was delivered at once from the whole effect of the indictment. I therefore row stand before von upon the inquisition only, taken before the Coroner, upon the view of the body, under circumstances extremely affecting to the minds of those who were to deliberate on the transaction, and witb out the opportunity, which the benignity of the law affords me at this moment, of repelling that inference of even rudders resentment against the deceaied, which is the foundation of this inquest of manslaughter. " The origin of the diff:rence, as you see it in the evidence, was insignificant : the hcat of two persons, each defending an animal under his protection, was natural, and could not hive led to any serious consequences. It was not the deceased's defending his own dog, or his threatening to destroy mine, that led to the fatal catastrophe: It was the defiance alone which most unhappily accompanied what was said : words re ceive their interpretation from the avowed intention of the speaker. The offence was forced upon me by the declaration, that he invited me to be offended, and challengA me to vin dicate the offence by car.i;sg u,... - cn him for satisfaction. 'lf ' you are offended with what has passed, you know wlt"! To ' find mc.' These words, unfortunately repeated and reiter ated, have over and over again been considered by Criminal Courts ofJustice as sufficient to support an indictment for a challenge. These Judgments of Courts are founded upon the universal understandings and feelings of mankind; and com mon candour must admit, that an Officer, however desirous to avoid a quarrel, cannot refuse to understand what even the grave Judges of the Law must interpret as a provocation and a defiance. I declare, therefore, most solemnly, that I went into the field from no resentment against the deceased : No thing, indeed, but insanity could have led me to expoi.e my" own li such imminent peril, under the impulse of passion from niadequate a cause as the evidence before von exhibits, hen separated front the defiance which was the fatal urea of mischief; and I could well have overlook at too , if. the world, in its present state, could ha : o ver looked it also. I went into the field, therefore, si tno determination or desire to take the life of ai lha my oppon or to expose my own. I went there in hopes of receiving e soothing satisfaCtion for what would other wise have ex me in the general feelings and opinions of the world. The deceased was a man of popular manners, as I have 'ward, and with a very general acquaintance. I, on the other hand, was in a manner a strangcr in this great town, having been devoted, from my infancy, to the duties of my profttsiion in distant seas. If, under these circumstances, words, which the deceased intended to be offensive, and which he re peatedly invited to be resented, had been passed by and su,.. mined to, they would have pasfed from mouth to mouth ; have been even exaggerated at every repetition, and my honor must have been lost. "Gentlemen, lam a Captain in the •' t i Navy. My cha rades you can only hear from others; to maintain any charaCter, in that station, 1 must be respe /led. When called upon to lead others into honourable dangers, f liana not be supposed to be a man who had sought safety by aglnisiuing to tc what custom has taught others to consider as a,l' ' a. am not presuming to urge any thing against the I God, or of this Land, I know that, in the eye of Reli n and Reason, obedience to the Law, though against the geheral feelings of the world, is the first duty, and ought to be the rule of action : But, in putting a construction upon my ion item, so as to ascertain the quality of my actions, you will Make allowances for my situation. It is impossible to define , In terms the proper feelings of a Gentlemen, but their exist ent* hams supported this happy country for many ages, au:t ' dikilgktgaikia if they were lost. Gentleman, I will detain. you no Icisar; I will bring before you many honourable per 7- • 7, . ,••• - . I ■ I ~1 e. • . ~r_~ tiett .~ gnl WI 'lll I - • • - ,-- .... _ • TM , .•. ~- _ h.s ~ ._ 6