The Sun. — London, England, 1841-02-17 00:00:00

,~ MORNING EIJITI Is your mill close to Wimbledon Common ? It is on the Common. Are you a constable for the parish of Wimble dim ?- Y.s, Sir. Were you at your mill in the afternoon of Saturday the 12th of September ?—Yes, Sir. Do you remember, about five o'clock, that afternoon a gentleman's carriage driving down the Common ?—This question was objected to by the opposite Counsel as a leading question. Did you observe anything before dark that day ?—I saw a carriage drive opposite to Mr. James Currie's, and there stop. Where did that carriage drive to ?—lt stopped there. On the Common, or the road adjoining the Common ?—lt was on the Common. Is that on the edge of the Common it stopped? —Yes, Sir. Was that the only carriage you saw ?—No, Sir. Tell us what other you saw.—l saw one on the place of Earl Spencer, and one on the ro a d th a t leads from Wand swor th to Wimbledon. Did you see it moving or stopping ?—I saw it first stopping. Did you see any one get out of either of those carriages ?—I am not certain I did. Did you see any person on the Common shortly after ?—I saw two persons come from the first carriage, and two from the second. What did you see them do?—I saw them go into Wimbledon parish, and one into Wands worth ; and from the other carriage, one went into Putney, and the other into Wandsworth. Is part of the Common in Wimbledon and part in Putney ?—Yes; part is in Putney. ,Look at his Lordship at the bar. Is that one of the gentlemen?—lt is, Sir. Did you see anything more at that time?— At that time I suspected that it was a duel. Don't tell us what you suspected. Did you see anything more ? Did you give any directions t your wife? Don't tell us what they were. t: did. What, then, did you do ? Were you after vards called by your wife ?—Yes. What, then, did you do ?—I went in-doors and cot my staff, and went to the gate. What did you see when you came to the gate? saw two gentlemen standing about twelve yards apart, presenting a pistol at each other, and at that moment they fired at each other. Was his Lordship (the Earl of Cardigan) one I those gentlemen ?—He was. Did you hear the reports of two pistols?—l ai(!, Sir. TM you see any other gentlemen at the same tlrr.t saw one previous to that standing under Currie's hedge. At the time the pistols went off did you see ally other gentlemen ?—I saw there were four gentlemen nearly together at the right hand of 'lll , gentlemen who fired. 110 Lord Cardigan his face or his back to 3 o l ;—His face. Where was the other gentleman who fired standing?—He was standing nearer to me, with his back to me. state what took place after they had fired 1 Olen made the best of my way to the spot, and _;cond shot took place when I was about fifteen yards to the left. From the gentlemen who fired do you mean ? ._::'es, Sir. How far was the gate of your house from the spot where the gentlemen stood ?—Two hundred :110 twe.rity-two yards. And you saw them in the act of getting fresh p;.,tois saw them getting fresh pistols. . How was that ?—I do not know--being in the act of running I did not see exactly what passed. Who gave them ?—The two gentlemen who 'were acting as seconds. W.?re those the two gentlemen you spoke of as .k.tandii...z on the right ?—Yes. Did y () :1 see whether Lord Cardigan moved from Ids place ?—Yes, he advanced forwards and tnen drew back again. By advancing forwards do y ou mean t h at b e ,went towards the gentleman who was standing cpposite to him or to-,va.rds the two gentlemen ? Towards the seconds. And then drew back to his original position?— . _ 'Yes. - _ _ You tell us you saw the pistols fired the second thine ?—Yes. Did you see whether any of them took effect ? --I thought Captain Tuckett—l dirt not know , b:m then—but I thought the gentleman, who I know to be him, was wounded. Did you see what the gentleman whom you lliought was wounded did with his pistol?—No, Sir, You did not see whether he held i t in his hand. or whether it dropped ?—I don't know. I beg ^ - ... - (iur pardon, I may have misunderstood you. Did you gee whether the other gentleman, the gentleman whom you thought was wounded, did avything with his pistol when the second shot. was fired?—l went up and took a pistol from 4..0rd Cardigan's .haz d. Did you go up to th: , gentleman I—l did. Sir WM. FOLLETT—yai have not got an an 'r to your quest'on. Mr. WADDINGTON—Did you see whether the other gentleman who fired at Lori Cardigan did ssnything 'with his pistol 7—l cannot imy what be .came of it. I did not see. 'Ton then went up to the partiei 7—Yes. What did you do when you got up to -01,-ia 7—l went up to the gentleman whose was towards me, and putting my hand ai;. his shoulder, said, " You must con yourseq in my custody for a breach 4)c t:,e peace, in the name of our Sovereign Lady 1140 Queen." Was it to his Lordship you said so ?—lt was. Bad he a pistol in his hand at that time ? lie had. What became of it ?—I took it from his Lord ship's hand. Did you keep it in your possessian ?—I was :reque3ted to allow them to be packed up in their _respective cases. I did so, and put them into two cases. " .13y whom were you desired to do so 7---By one • ) f Ole gentlemen. You - took possession of them when in the cases? did. How many pistols were th.re ?—Four, two •eaces, and two in each case. And you took possession of the whole of thfun ?—I did. by Lord Lovat, or Lord Byron; or. Lord Ferrers, or the Duchess of Kingston. He will have the advantage of having my most able, !nd ingenious, and honourable Friend, Sir Wil liam Follett, in his behalf, on the facts and me rits of the case. This arises, my . Lords, from the most admirable law your Lordships passed a few years agii, by which in all cases parties accused nave the advantage of addressing, on the facts, the 'tribunal which is to determine on the case. But my Lords, notwithstanding the learning, and ability, and zeal of my Learned Friend Sir W. Follett, I know not how he can at all per suade your Lordships to an acquittal on any one count of the indictment. He will not ask your Lordships, and he would ask you in vain, to forget the laws by which yo u are b oun d. llfy Lords, Captain Douglas having stood on his trial before an inferior tribunal, that trial had been postponed by the Judges on the express grounds that the same case should first be tried by the highest criminal Court known in the empire. You, my Lords, are to laydown the law by which all inferior .Courts are to be guided. I would beg leave on this subject to read the words made use of at this bar by one of the most distinguished of my predecessors, who afterwards ' for many years presided with great dignity on the Woolsack in your Lordships' house. I mean Lord Thurlow, who, when addressing ' 'the House of Lords in the case of the Duchess of Kingston, made use of these expressions —" ao desire to impress this upon your Lordships as an universal maxim—that no more dangerous idea can creep into the mind of a Judge than the imagination that he is wiser than the law. I confine this to no Judge, what ever his denomination, but extend it to all ; and np2aking at the bar of the highest Court of Jus tice, I make sure of your Lordships' approba tion, when I comprise even your Lordships. It is a grievous example to other Judges. If your Lordships assume this power of sitting in judg ment on the law, why not the King's Justices? Why not the Commissioners of Oyer and Terminer? f the!: do so, why not the Quarter Sessions? Ingenious men may strain the law very far, but to pervert it, and to new model it, the genius of our Constitution says the Judges have no such authority, nor shall presume to exercise it." My i.ords, I conclude with respectfully expressing my conviction that your Lordships' judgment in this case, whatever it may be, will be accord ir,g to law and the justice of the case, and that your Lordships will preserve that high reputation in the exercise of your judicial func lions,'which has been so long enjoyed by your Lordships' ancestors. • The Hon. and Learned Gentleman then bowed to their Lordships, and was about to withdraw, v, lien he again turned to the House and said— Will your Lordships allow me to mention that (.11 account of the sudden illness of my Learned Friend (the Solicitor-General) he is deprived of the honour of attending to-day before you Lordships. Thomas Hunt Dann was then called and ex amined by Mr. Waddington. Are you a miller living at Wimbledon ?—Yes, wird a fifth gentleman come up I—There was a fifth gentleman on the ground. At what time did he appear I—After I had ad dressed Lord Cardigan in the manner I have stated, I saw the fifth gentleman on the ground. What did that fifth gentleman do I—He at tended the gentleman who was wounded. Did you see then whether the other gentleman was wounded or not ?—I did not. After you hadlaid your hand upon the shoulder of Lord Cardigan, and said what you have told their Lordships, what did you do next ?—I turned to the other gentlemen and said the same to them. What did you do then?—The doctor went to the wounded gentleman in order to take him to my house. Sir W. FOLLETT—Did he say so ?—Yes. Mr. WADDINGTON—In the hearing of Lord Cardigan ?—Yes. By Lord WYNFORD—DO you know, or did you know that fifth gentl e man to be a medical man —I did not then, my Lord. Mr. WADDINGTON—You never saw ' any of them before, I suppose ?—No, I did not. Was the fifth gentleman examining the gentleman who was wounded. I—Not in my presence. Did you all go to your house ?—Yes. All the five gentlemen and yourself I—Yes, all went into the yard, not into the house. Now then tell their Lordships what took place when all the five gentlemen and yourself got into the yard ?—We went into the yard, and then the wounded gentlemen retired into my room. Did you see him retire ?—I saw him go into my room, and come out again. Did he go by himself?—No; one gentleman went with him. Was that the gentleman you call the doctor? —Yes, Sir. Did - you Eee your wife take any thing into the room ?—I did not. Did they presently come out of the room ?—Yes. What was then done ? One gentleman asked me to allow the wounded gentleman to ieturn to his own home, and I consented on their agreeing to give me his card. Did the wounded gentleman give you his card of address? I had his card, but Ido not know from whom it came. You have that card now ?—I have. Produce it. Sir W. FOLLETT—I must object to that, my Lord, unless the card was given to the witness by Lord Cardigan. Was Lord Cardigan present ?-11e was in the yard. Lord WYNFORD—Was he near enough to see and hear what was done and said P—Yes, my Lord, I think so. Mr. WADDINCTON—YOU think the Noble Lord. could see what was done, and hear what was said ? —I should think so, but I cannot state precisely. Was the card given to you in the house, or in the yard?—ln the yard. But you cannot say who gave you the card ? No I cannot say which. What do you mean by which ?—One of the two gentlemen who wish e d t o go away , I mean . Were they together when they gave it you ? Yes. The two were the wounded gentleman, and an other of the party ?—Yes. Then, upon your telling them that they might go, upon giving y-ou their card, one of them gave you the card Whiai you now produce?—Yes. Mr. WA.DDINGTON—I now propose, my Lords, to read that card: Sir W. FoLLETT—My Lords, the Coungel for the prosecution propose, for the purpose of proving the name of a certain gentleman who was present on this occasion. The LORD HIGH STEWARD—Mr. Attorney- General, do you think it material to press this at present ? The ATTORNEY-GENERAL—No, my Lords, we will waive it at present. Mr. WADDINGTON—Did the gentleman who gave it you write something on the back of the card I—Yes, Sir. And upon receiving this card did you allo w them to go ?—Yes, I did. In consequence of receiving this card did you call at any.house ? Sir WILLIAM FOLLETT—I must object to the form of this question. My Learned Friend must alter its form. Mr. WADDINGTON—In consequence of any thing did you afterwards go to, any house in Hamilton-place ?—I did. What date was that?—lf you will allow me to refer, I will be able to state what was the day of the month. What do you want to refer to I—To a memfi randum of the date I called at Hamilton-place. Sir W. FOLLETT—When was that memorandum made I—At the time—on the day I called. On the 18th of September you went to Hamil ton-place with the card I—On the 18th. Whom did you ask to see ?—Captain Harvey Tuckett. Whom did you see ?—I saw Captain Harvey Tuckett. Did you speak to him ?—I did. Sir W. FOLLETT here objected that these ques tions were irregular. How did this witness know that he saw Captain Tuckett ? He could only say that he saw a person whom he believed to be Captain Tuckett. Mr. WADDINGTON—I will ask him, then, did he address the gentleman whom he saw by th e name of Capt ain Tuckett? Witness—l do not know that I addressed him by any name. Did you ever see him before ?—Yes. Where?—On Wimbledon Common. What was he doing ?—He was fighting a duel. Was he the gentleman who stood opposite to Lord Cardigan I—Yes, lie was. Now, how many of the gentlemen went away on your receiving the card. I—Three went away with my permission, and three without. Did Lord Cardigan remain I—He did, Sir. Where did you take him to ?—To the station house at Wandsworth. When did you take him there ?—lmmediately afterwards. What did you do with the pistols after you put them in the cases 1-1 took them to Wands worth. Did you give them to any one ?—I did. I gave them to the Inspector at the station-hous e . Sir W. FOLLETT--I object to this mode of questioning. You should ask him, what did he do with the pistols? Mr. WADDINGTON—WeII, then, I shall put it so. When you took the pistols to Wandsworth, what did you do with them ?—I gave them to the Inspector of the police. What was his name ?—Busain. Was anything said by Lord Cardigan in your presence respecting the pistols ?—He owned one case. Can you state N. hat he said ?—I am not exactly certain that he said anything particular, but some thing like " This is mine ;" and then he took one case. Did you observe anything on these pistols ?-- Yes ; a crest. Mr. WADDINGTON—That is all I shall ask this witness. (The Attorney-General, however, s t o pp e d Si r William from cross-examining, and held a short conference with Mr. Waddington, who resumed.] I wish, my Lords, to ask the witness one other question. There was a fifth gentleman, whom you call the doctor; did you ever see him after wards ?—Yes, I saw him at Wandsworth. Where and when ?—At the Magistrates' office. on the 14th. What was going on then ?—The examination of Lord Cardigan. Did you afterwards see him anywhere else ? I saw him at his own house, but I forget the number and the name of the street, but it is v ery handy to Pimlico. Was there a name on the door ?—Yes. What was it ?—Sir James A. Anderson. Cross-examined by Sir W. FOLLETT.—Giveme those memoranda. Now, tell me when did you write them ?—I wrote them every day, as the things occurred. Beginning on the 12th ?—Yes. By whose desire did you do so?—By no one's. I did them for my own purpose—for my ex penses. For you own expenses. But did no one tell you to make them ?—No ; there did no one tell me. The LORD HIGH STEWARD—Ask him are those papers the original memoranda which he made from day to day ? Witness—No, they are not. These are what I copied a few days ago. Sir Wm. FOLLETT—What is the meaning of these figures ?—They signify the number of miles each day. Who is indebted to you for those expenses ? —The Magistrates. The Magistrates; give me their names—Mr. Nottidge, the Chairman, Mr. Bainbridge, Mr. Wilson, and Captain Page. Who gave you orders to go to Hamilton place ?—No one. I got a letter from the Inspec tor of police, and in consequence of that I went there. How often did you go there ?—Three times. Always by the same order ?—No, I went once by the direction of Captain Page. What was the object of your going there ? The first was, health. to inquire after Mr. Tuckett's But who ordered you to go to Mr. Wain. Wright ?—I do not know. Were the Magistrates getting ,up the prosecu tion do not know. Were not they, the Magistrates, the Judges before whom the case was tried ?—Yes, they were. And am I to understand that they are the persons who sent you to those different places to make inquiries I—Yes. Did they send you, to the Old Bailey also to give evidence I—No, they did not. I was bound in a bond to go there, and I was t o ld b y t h e In spector when the trial was to come on. You were examined before the Grand Jury ? —I was. On both the bills ?—Yes. • On the bill that was found against Lord Cardi an and the bill against the other gentleman that was thrown out I—Yes. The same witnesses were examined on both the bills I—Yes. You were examined on both I—Yes, I was. And pray did you give the same ,evidence on both?—Yes, Sir, I did. And upon the same evidence and the same wit nesses one bill was found, and the other bill was thrown out ?—Yes, Sir, it was so. Will you be so kind as to go back a little and state what you hav e said. Did you see three persons get out of the c arr i age an d go to t h e place whre you saw the firing ?—Yes, I did, Sir. You state that when you saw them you recog nised one of them to be Lord Cardigan?—Yes. Pray what distance from your ?louse was the place where you saw them get out ?—Two hun dred and twenty yards. Do you mean to say that at that distance you were able to see and recognise the persons of those three partiesl—No ; I do not say so, but I never lost sight of them from that time. You did. You say that at that distance you knew Lord Cardigan—did you not I—No, I never said so. - Could you, at that distance, know any of the parties so as to be able to speak to them again ? —No, I could not. You have said that you saw them come out of the carriage, and that you knew and recog nized one of them to be Lord Cardig-an I—l never said so. If I did say so I mistated. 1 did not mean it. But I never lost sight of them from that time till I came up. You say that when you first saw the fire you were standing at the gate; at what distance was that?—About the same distance-220 yards. Could you at that time recognise the persons? *--No, I could not. You say you went towards them ?—Yes; I did. Where were you first able to recognise their persons I—l did not lose sight of them at all. I am not saying you did ; but I ask you, when were you first able to discover who they were ? I cannot say. Was it after or before the second shot ?—lt was after the second shot. Then I understand you to say now that you were not able to recognise them or to know their person, so as to speak to them at another time, until after the second shot?—No, I cannot say that. I did not lose sight of them at all. Where was Lord Cardigan when you first re cognised them I—Standing near the spot. That was when you came up to them ?—Yes. Where were all the other gentlemen at the time ?—Close by. And what were they doing ?—I cannot ex actly say what they were doing because my at tention was directed entirely to Lord Cardigan. Your attention was directed entirely to his Lordship —you do not know what the others were doing I—Not for a second or two. Were you then able to tell which of the parties it was that fired the shot ?—I was certain as to which was the party, because I never lost sight of them till I got up to them. You never lost sight of them; but how did you re cognise the party I—Because I saw the pistol in his hand. He had a pistol in his hand when you came up I—Yes. How soon after that was it that you saw the other gentleman that you said was a doctor?— When I turned round from Lord Cardigan then I perceived there were four. Very well, then ; how soon after that did you see another? You saw four besides Lord Cardi gan ?—Yes. Did you recognise the prisoner so as to be able to know him again ?—Yes. And he went up to the house also with the other parties ?—Yes. Very well. Now there is one question that I will ask you as to the different places that you have been to. Have you been paid your charges for going I—No ; I have not. Did you go to the Home-office at any time ? Yes. When?—A week ago last Saturday.. What did you go far I—l was requested to go there, and then I was asked questions as to my evidence. Who asked you questions at the Home-office ? —A gentleman of the name of Vizard. Was your exa.nination taken down at the time? —A gentleman was writing at the time, but whether he wrote down what I said, I do not know. You had not been there before 7—No; that was the first time. And that was the only examination of y - our's taken for the purpose of this trial ?—Yes. You had not been examined from the time you went to the Old Bailey till you went to the Home office last week. Was any one else there be sides you ?—My wife and son, Mr. Busain, and Mr. Bignall. We all went to the Home-office, but what occurred there I know not. I only answer for myself. Have you presented this bill anywhere for payment I—l applied to the Magistrates for my expenses, and they gave me a certificate. Very well, have you received it I—No, I have not. other gentleman ?—Yes, my. Lord, he wrote a note to the• Magistrates, and signed his name. A 'PEER—Signed his name Tuckett ?—Yes, my Lord. Was the other the gentleman that you saw at Wimbledon Common ?—No, my Lord, it was a different gentleman. Did you see that gentleman every time that you were shown up to Captain Tuckett ?—I think I did not see him the last time. The Earl of RADNOR—You are sure that you did not see him every time I—Yes, my Lord. In each case you asked for Captain Tuckett ? Yes, my Lord. - You were shown directly up to this gentleman. (The shorthand writer's notes were here re ferred to.) The ATTORNEY-GENERAL—I now propose to your Lordships that I be permitted to bring in evidence the card which was delivered to the witness in the 'presence of the Noble Earl, the prisoner at the bar. I apprehend that it is part of the res gestce, and on that ground it is admis sible. Your Lordships will observe that the evi dence relating to it is not that it was given by Lord Cardigan, but that it was given with his knowledge. Sir W. FonLETT—It is clear that the Earl of Cardigan did not see the card. He did not see what was written upon it. There is no evidence to show that he was aware of any card being given. The object of this evidence is to prove who the person was who gave that card. The Attorney-General says it is part of the res yestce. A person might give a card not for the purpose of giving his real name, but of giving another, and unless that was done with the full knowledge of the prisoner at the bar, your Lordships will see that it is not evidence against him. It has appeared that he knew nothing about it—that he never saw the card, and there fore I submit to your Lordships, that it ought not to be given in evidence against the Noble Earl. The ATTORNEY-Gttcnitan—The witness cannot tell whether it was the gentleman himself or the person who accompanied him that gave the card; but it was given by either of them. But supposing that it did contain the real address of Captain Tuckett, and that was N 0.13, Hamilton place, and thereupon the witness going to that place sees the wounded gentleman, would not that, my Lords, be admissible evidence on this trial?---It is entirely for your Lordships to say—indeed, the only question is, whether it is admissible or not. It appears that the ca d was given in the presence of the Earl of Cardi gan. Then I submit to your Lordships it ought to be given in evidence. A PEER—Do you mean to contend that be cause it was liven to him in the presence of the Earl of Cardigan, the prisoner at the bar, that makes it evidence ? The ATTORNEY-GENERAL—By no means; far from it. But this card is to be considered merely as the address of the person who gave it. Sir W. FOLLETT—But you are stating the con tents of it? The ATTORNEY.LGENERAL—NO, I abstain from that. But when a person wishes a person to call at his house, and gives a card such as this is, it must be presumed that it contains his address, stating his name and place of abode. I sub mit it would be admissible as such, and not on the ground of its being given in the presence of the Noble Prisoner. Sir W. FoLnnrr—The ordinary rules of evi dence are the same in civil and criminal cases; and it is not usual in either to press matters of evidence of which there is a doubt that they existed. This prosecution is conducted in the usual mode, and the Attorney-General now attempts to submit in evidence what is contrary to the ordinary rule, and lie is asking to prove an important fact by an apparent admission that the Noble Earl was aware of what was writ ten on the card. I ask whether that should be submitted in evidence against the prisoner. Y our Loedships must see that this is an important fact, whether your Lordships are prepared to say it could be proved upon the statement of a person who did not know who gave the card. It does not appear that the Earl of Cardigan ever saw or knew what was writtenlon the card. I submit, therefore, that it should not be brought in evi dence against the Noble Lord. The LORD HIGH STEWARD—The decision upon this question, if we are called upon ultimately to decide upon it, can be postponed. Sebastian Byron Dann, examined 'by the ATTORNEY-GENERAL. How old are you ? Fourteen years last August. Are you the so n of Tho m as Da nn , th e last witness, the miller of Wimbledon ? Yes. On the 12th of September last were you at home at yonr father's house ?—Yes. In the afternoon of that day, did you observe anything that attracted your notice ?—Yes. was standing at the mill door and saw a post chaise on the road. Did you observe that post-chaise ?—Yes. Where ?—On the road.—(Laughter.) How far from your father's mill ?—Nearly half a mile. Where did the post-chaise go to ?—lt stood still. Now did you see any one in the post-chaise ? —Not at that time. Did you afterwdrds see another post-chaise ? Yes. How far were you from it?—Near a quarter of a mile. Did you see any person come from the post chaise ?—No, Sir. Did you see any person near it ?—Yes ; there were two persons about a hundred yards from the post-chaise. What were they doing ?—They were walking about. Did you see them do anything there ?—I could see that they did something, but did not know what it was. What did you next observe ?—I went up on the stage of the mill. Being on the stage of the mill, what did you see ?—I saw gentlemen walking about. How many were there ?—Five, Sir. How were they arranged ?—Two in one place, two in another, and one at the corner of Mr. Currie's garden. What did they do ?—They separated. Who separated ?—The two. After they separated, where did they go ? They walked about a little while, and then the two parties came and met. What was then done ?—They walked about • a minute or so, and then knelt down together. Well, what] then—were they near each other when kneeling ?—Close together. What did those two who were kneeling close together?—They got up in about two or three minutes and stood back to back, and then walked five or six paces from each o th er. What was then done ?—They beckoned to the other two gentlemen. What then ?—The other gentlemen came and took the pistols, and fired. Do you know the gentleman who fired ?—I I did not know them at the time. Can you say whether the Noble Lord at the bar was one of them ?—Yes, Sir. Do you know who the other was ? [Sir W. FOLLETT objected to this question being put; it was then withdrawn.] Examination resumed—Having fired, what was then done ?—The seconds gave them other pistols, _ _ _ Now I understand you, Mr. Dann, to say that you never lost sight of these gentlemen from the time when you first saw them 1-0 h no, Sir, I have not said that. Did you tell me in answer to a question a mo ment ago when I asked you about their coming from the curricles that you never lost sight of them ?—lt certainly was a mistake if I did. You certainly said so ?—lt was a mistake. Then you did lose sight of them I—After 1 first saw them come on the ground I did. For how long I—A few minutes. Where were you during that time I—l was on the stage of the mll, twenty feet high. I went to my house ; there I lost sight of them till I came to the gate ; then I did not lose sight. How long did you lose sight ?—No longer than it took me to lay my hand upon my constable's staff. Why did you not go at once when you sus pected a duel ?—I thought it better not to go without authority. You thought it better that they should fight the duel before you interfered P—No, I did not think that. What Was the meaning of your answers when you said that you told your wife to watch 2—l set my wife to watch and let me know if it was a duel. Your wife was to watch, and as soon as she saw what was sufficient for a duel, then she was to tell you, and then you were to go 220 yards for the purpose of preventing it—that was your plan ?----Yes. - And when you got up you found that the gen tlemen had exchanged two shots ?—Yes. Who instructed you to prevent the gentlemen from fighting a duel on Wimbledon-common ? —Mr. Carter, the Coroner, I believe, was the person. And you have ever since interfered ?—Yes. And this was the first job that you made of it? —I have prevented several. Why did you not call out to those gentlemen when you supposed they were about to fight a duel ?—I do not know my reason. I ran to them as fast as could. You changed your coat, did you not ?—No. Did you stop the mill ?—No. Re-examined by Mr. WADDINGTON—Did you state what was the number of the house in Ha milton-place where you saw the gentleman that you call Capt. Tuckett?-13, Hamilton-place. How often did you see him there ?—Three times. A -Noble Lord suggested that the witness should be placed on a chair, as they could not hear his answers distinctly. The ATTORNEY-GENERAL said he was most anxious to make the answers of the witness audi ble without repeating them. A chair was then procured, and the witness placed on it, when the examination proceeded. You said the seconds gave them another pis tol ?—Yes. Each of them I—Yes, Sir. How near were you at the time I—About 100 yards from them. When they got the other pistols, what was done ?—The seconds came away from them, and they fired again directly. What did you do th e n ?—I went up to them. You say his Lordship (pointing to Lord Cardi gan, who was in front of the witness) was one of them ?—Yes. Did you observe any thi ng in his Lordship's hands ?—No, not th en . What did you o b serve ?—Myfather was there then. Upon three different days ?—Three times upon three different days. Did you ask for him on each occasion ?—Yes. You asked for Captain Tuckett ?—I did. You have been asked as to losing sight of these gentlemen. Did you ever lose sight of the gen tleman who fired the first shot from the time of leaving your gate till you got up to them ?—No. Can you undertake to state positively whether the gentlemen who fired the second shots were the same as fired the first ?—I am positive of that. When you got up you said that Captain Tuckett had a pistol in his hand. . Had Lord Cardigan also a pistol in his hand? The Earl of RADDrou—Each time that you went to Hamilton-place did you ask for Captain Tuckett?—Yes, my Lord. Yes, but tell me what you saw ?—I saw a gen tleman, and the doctor e x a mining the wound. Was he one of the gentl e men o fired?--Yes. You say you saw the doctor examining the woundl—Yes, Sir. Did you see whether the gentleman was woun ded ?—Yes. How did you know that he was wounded 2—l saw the blood. Was there much blood ?—Yes, a great deal. Where did you see him wounded?—Just at the top of his hip. Your father the n c a me up ?—lie was there before me. What was then done 2—They walked up to our house. To the mill ?—Yes. Did you go along with them 2—Yes, Sir. What became of them I—They walked in our yard a little while. About how long?—About a quarter of an hour or twenty minutes, Were you each time shown to the same gentle man ?—Yes. And did you see any other gentleman there ? —Yes. And did you address him by the name of Cap tain Tuckett 7-1 don't know that I did. Did anything that passed enable you to deter mine that it was Captain Tuckett, and not an- THE SUN, LONDON, WEDNESDAY, FEBRUARY 17, 1841. What did they do then ?—The gentleman and his doctor went into the house. Now long did they remain there ?—About fire minutes: What became of them then?—They got into one of the post-chaises. Who got into the post-chaise ?—The wounded gentleman and the doctor, and one of the other gentlemen, and then they drove off. What became of Lord Cardigan and the other gentleman ?—My father walked with them over to the other post-chaise. Then ybu lost sight of them ?—Yes, Sir. Cross-examined by Mr. WRANGHAM—Have you ever been examined on this subject before ? —Yes. Before the Magistrates?—No, Sir. Before the Grand Jury ?—Yes. Who told you to go before the Grand Jury?— I had a subpoena. Who gave you the subpoena ?—Mr. Busain.., Had you been examined by any one before you were examined by the Grand Jury ?—No, Sir. You have not told any one ?—No, Sir. Have you since told it to any one ?—No, Sir. You have' not told it to any one since ?—I went to the Home-office. I thought so. Did you tell it to any one there ?—Yes. Did you go with your father ?—Yes. You were examined by Mr. Vizard ?- Yes. You say when you first saw them you were at the door of the mill?—yes. Was your father there ?—No. Then you went upon the stage of the mill ? Yes. Was your father there ?—Yes, Sir. How far was it from the door of the mill to the place where you saw those gentleman ?—About 220 yards. About 100 yards from the post-chaises ?—No, Sir, about half a mile. I understood you to say that the spot where the gentlemen were when you first saw them was one hundred yards from the post chaises ?—When I first saw the gentlemen—(a pause)—then they walked about. Was that about one hundred yards distant from the post chaises ?—Yes, Sir. Were the post-chaises together ?—No, Sir. How came you to say the gentlemen were 100 yards from the post-chaises?—They were about 100 ysords when I first saw them. And the chaises were not together?—No. How far were the chaises from each other?— About a quarter of a mile. Now I want you to explain how it was that the gentlemen were only 100 yards distant from the chaises, when you say the chaises were a quar ter of a mile from each other I—The parties were not together. There were two parties, and two in each party. Then do you mean to say that the two gentle men were 100 yards from one of the post-chaises and the other two 100 yards from the other post chaise?—Yes, Sir. And the chaises were 100 yards apart ? Yes, Sir. Were the two gentlemen whom you afterwards saw kneel down the parties who came out of one of the post-chaises ?—No, Sir, one of each party went and knelt down. Did you not tell me just now that the two gen tlemen who knelt down were a quarter of a mile from one of the post-chaises ?—WD, Sir. [The shorthand writer's notes were here re •ferred to.] Mr. WADDINGTON—He said that one of each party knelt down. Explain to their Lordships what you mean ? I mean the two gentlemen were 100 yards from each of the post-chaises ; two of them came and met, and walked about together, and then they knelt down. At the time when the two gentlemen knelt down together, how far were you from them ? About 220 yards. Could you clearly discern who the parties were who knelt down ?—No, Sir. Could you distinguish who the Parties were who did not kneel down?—No, Sir. Could you tell if Lord Cardigan was one of the parties who knelt down ?—He did not kneel down. How could you tell that ?—I could see who they were. I understood you to say that at that distance you could not distinguish who the parties were who knelt down ?—I could see who they were. I thought you said you could not distinguish them at the distance of 220 paces ?—I could dis tinguish the other two. How long did you remain on the stage of the mill ?—Not a minute. Were you there when the firing took place?—No. Where were you then ?—When the last firing took place I was half-way to the gate. Where were you when the first firing took place ?—Upon the stage of the mill when the first firing took place. WIS your father on the stage at that time ? No, Sir. When did he come upon the stage ?—He was not up at that time. He came up a moment after. Did you see your father get up ?—No, Sir. Did you see where your - father was when the two firings took place ?-He was at the gate, but I did not see him. You could not see him ?—No, Sir. Then you remained on the stage about a mi nute after the first shot was fired ?—Yes, Sir. Were there one or two shots fired ?—I heard one report. And the same at the second fire ?—Yes. Did you follow your father to the ground ? Yes, he was there when I got up. You saw a gentleman wounded ?—Yes, Sir. What makes you say you saw a gentleman wounded ?—I saw his blood. Was he on the ground when you saw the blood you talk of?—Yes. You mean standing on the ground ?—Yes, standing. You did not see him afterwards at the. mill?— I saw him get out of his carriage. You have never seen him since ?—No. Nor before ?—No, except on that occasion. All you know is then, that you saw a gentle man wounded—that you do not know that you eversa.w before and have never seen again?—Yes. Then why do you speak of the wounded gen tleman as Captain Tuckett ?--My father told me so. That is not evidence. Of yourself you know nothing except what your father told you ? Re-examined by the ATTORNEY'-GENERAL. Were yob on the stage of the mill when you first observed the carriages?—No. • Where were you then ?—At the mill door. And then you got up upon the stage ?—Yes. How far were the parties from each other ? About 100 yards each. Were they two and two ?—Yes. How far was one couple from the other ? About 150 yards. Did you see each party go towards the other ? --Yes. One of each of the parties knelt down ?—Yes. Did you see this from the stage of the mill ? Yes. What interval was.there between the first and second shots ?—Not about more than a minute. How far was it froin the mill that the two shots were fired ?-100 yards, or a little more. Did you go up to the place where the gentle men were standing - • Did the wounded gentleman hold anything in his hand ?—No. Had Lord Cardigan anything in his hand?— No, not at thaitime. How far was Lord Cardigan from the wounded gentleman ?—About a dOzen yards. By Lord AUDLEY—Don't people sometimes, come upon the Common to shoot small birds?-- Yes. How can you tell that the reports you heard were not caused by persons so engaged?—Be cause I saw the smoke come from the pistols; that the gentlemen held in their hands. The witness then withdrew. Sarah Dann was then called in, and examined by Mr WADDINGDON. Are you the wife of Mr. Dann, the miller of Wimbleton ?—I am. Were you at your husband's mill on the after- I no w o a. n s of Saturday, the 12th o f S eptem b er last ? Did your husband give you directions to watch any persons at that ti,me ?—He did. In consequence of what he said to you, where did you go ?—On the stage of the mill. Tell me what you saw when you went on the stage of the mill by his direc tions?—l saw two gentlemen kneeling on the Common, in the direction of the gate. At what distance were you from the gate ?-- About 220 ya r d s . Where were the two other gentlemen ?--One on the left and the other on the right of the first two. Did you see a fifth gentleman P—l did. Where was he standing ?-0n the Common, a little distance from the others. What did the first two gentlemen do after you saw them kneeling ?—I saw them knocking or hammering something into two pistols, each of them into one. Was that while they were kneeling on the ground ?—Yes, it was. What did they do afterwards ?—I saw them apparently holding the . pistols up together. i Was each h o ldi ng up 6i Pist",l—After this they appareutli pistols. What did they do P—They stood upright. What did they do when they got up ?—They walked a few paces from each other in different directions. Back to back ?—Yes. -; How far P—Each about five or six paces. What did they do when they stopped ?—Each beckoned to another gentleman standing at a distance. What followed next ?—These gentlemen came towards them. Did they come up to them?—Yes. One came up to eash of the others ?—Yes. What was •done then ?—Each of the gentle men beckoned to took a pistol. You saw pistols given to them 1-1 did. When the pistols were given to them where did the gentlemen who had been kneeling down go to ?—They stood a little to the right of them. What happened then ?—The gentlemen turned side face and apparently fired at each other. Did you see the pistols at the time ?—I did. Was it a sunshiny day—did you see them glistening 7—l did. Did you give information to your husband ?—I did. When was it that you gave the iaformation to your husband—before the pistols were. fired 7 Ilelbre the pistols were fired .I thought they were about a duel, and after one of the pistols were fired I called to him just outside the gate. When was the time you called for your hus band 7—When he was advancing towards them. What happened after you saw the first shots fired 7—l saw one gentleman advance towards the other gentleman, and take a second pistol as soon as the first pistol was fired. Did they both fire a second time ?—They did. Were they standing in the same place when they fired the second time, as when they fired the first time 7—Yes, Sir. Did you see your husband go up to them 1-- I did. Did you afterwards see all the party come to the mill together?—No, Sir; I saw two come first. Which way did they go ?—The gentlenian that was wounded and the one that. was attend ing him. How did you know he was wounded ?—I saw them unfastening his clothes. Where was he when you saw them unfastening his clothes ?—Standing where he was. What—when the shots were fired?—Yes. Several Peeis here stated that they could not hear a single tit iwer that the witness gave, and the short- hand writer read several of the pre ceding., questions and answers. Are you quite sure the gentleman whose clothes you saw unfastened was one of the gen tlemen who fired the pistols ?—Yes, sir. Now when this gentleman and another came to-the house did you give them anything, ,did they ask for anything ?—I was not in the house when they came first. Did you afterwards give them anything?—l I gave them a basin of water and a towel. Did they go into a room together ?—They did. Did, the other gentlemen afterwards come to the house ?—They came into the yard. Did your husband come with them 2—He came with one the other two came a little be fore him. Who was the gentleman he came with ?—I was told it was Lord Cardigan'. See if you ,see him before you.—That is the gentleman (pointing to the prisoner). Cross-examined by Sir W. FOLLETT—I am not quite sure whether I understood you correctly. Where were you during the transaction ?—On the stage. During the whole of time ?—During the whole of the time. When did you first go upon the stage in the morning?—l went when I was called. Who called you ?—My little boy. Do you know what time it was at all ?—About five o'clock in the afternoon. Did you remain on the stage during the whole time the wounded gentleman came to your house ?—I did. Now, observe—you and all the witnesses be fore you have said that the distance from your house to the spot was two hundred and twenty yards, has that been measured?—l think it has. Could you at the distance of two hundred and twenty yards see the persons knocking the pis tols ?—Yes. What do you suppose to be the distance from which you o are standing now to the end of the House ?—I should not have thought it was more than one hundred yards when I first saw them. You are speaking now of Wimbledon Com mon. But you say it is two hundred and twenty yards 2—l have been told so. Well, at a distance of two hundred and twenty yards, could you see persons kneeling and knocking pistols 2-Yes, I could. Could you distinguish their features ?—I could see their countenances. Can you distinguish the countenances or fea tures of any gentleman standing at the bottom of this House P—l could see whether they were red or pale. Can you see whether the gentlemen at the bottom of this House are red. or pale 1— (Laughter.)—Yes, I can.—(Renewed laughter.) Are you quite sure of that? Can you distinguish whether the gentlemen are red or pale, at the bottom of the House ?—I can see better on the Common, Sir, - where I am more practised. You can see better in some places than an other, can you ?—Yes, Sir; I have been a good many years on the Common. Therefore that's the place where you see best, is it?—(Laughter.)—lt is. Now on the Common where you see best can you distinguish the features of gentlemen 200 yards off, and whether their faces are red or pale? —They looked to have red faceS in the sun. What, all the gentlemen had red faces, had they ?—(Laughter.)—No, not all. How many had red faces—can you tell ? (No answer.) Now, pray who has been telling you this story, or who has been examining you—have yoit never been examined as a witness?---No. Were you not before the Grand Jury ?—No. You were not ?—Oh yes, I was. You were ?—Yes. Who desired you to go before the Grand Jury ? —I was sulycen.aed. Who subpoenaed you, do you know ?—I forget. Do you know who was conducting the prose cution at the time ?—I believe Mr. Hobler was the gentleman. Was it he that subpoenaed you ?—(No answer.) When did he subpcena you ?—The subpoena was brought to my house. And you then went before the Grand Jury?--- Yes. Were you not examined by any one, before you went before the Grand Jury ?—No. By no body ?—No, Sir. You are quite certain, are you; recollect your self? Were you examined by no one, before you went before the Grand Jury ?—No, Sir. No one at all ?—No. Then, do I understand you to state. that the first time you gave any account of what you saw was before the Grand Jury ?—Yes. Are you certain of that ?—Yes. Were you not examined before the Magistrates? —No, Sir, I was not. Were you examined more than once before the Grand Jury ?—I went in twice or three times in one clay. Giving the same account over and over again, I suppose 2—Answering questions they might ask. Have you been examined at the Borne-office by Mr. Vizard ?—I have. Were you subpcenaed - by him to attend here? —I had notice. Had you no subpoena?—No. Were you all examined together ?—Separately. In the presence of one another ?—No, Sir. You were called in seVarately, were you ?—Yes. Then what you stated was taken down in writ ing, was it ?-1 . don't know that it was. Was there no one there writing at the time ? There was a gentleman writing. That was last week, I believe, some time ? Last Saturday. Now to come back to the transaction on the Common. You say you went upon the stage, as you were ordered. Who ordered you ?—My son called me. Did not your husband give you directions ? He sent the boy. Was your husband on the stage when you went there ?—He was. Were you' told to watch ?—Yes. And to give notice to him was told to stand and see what the gentlemen were doing. Were you told to give notice to him as soon as you discovered they were going to fight a duel? —He left me there. You must. answer my question—were you told to give notice to him as soon as you discovered they were going to fight a duel?--He told me to watch what they were about, and he wouldbe there again directly. Then he did not give you notice that they were going to fight a duel ?—No. Did you give him any notice at all ?—I calle c t to him. urn If I understand you, you did not call on 1 • till after the shot was fired. Is t l went from me directly he tot;) —me ne tat suspected what was going on, -• (The last an7wers of this witnes s not h av i ng been t - eard in the House, the short-hand writer's notes were referred to.) Did - not you call to him until after the shots were fired?—No, I did not. MORNING EDITION. Did you say anything - before the Piste ls _ wcve fired?—Yes; i s Lid 1 thought I saw piaio'• e he Did you speak to your husband befor went down ?—No, I did not. •a m t Did you, after he was gone down, call to lu all when the shots were fired ?--Yes. After the first shot was fired I called to him. After the first shot ?—Yes. Were they close together? —Very nearly. e _ 'p '. s V t o e l i To r g o o f ° t d ar . o ? D I heard you 11 e What do you suppose was the interval betw . . 0 _ the firing of the first pistol and the second f"-- It was a short time. What I .understand you heard two s hots. ea ch was, the diatanee? Were they close on .. w''' other ?—I heard the first when my husband on the bridge. it ill ow soon afer was the ther fired, was the H course of a t o minute - or so ?—lt was just a fter the second firing had taken. place. istois Do I understaad you tO sayyou sa w the p in the hands of the gentlemen at that distanc`'• —Yes, I dd. l' is- And they i fired directly?—Yes, when th e / tols were put into their hands. fore • Have before you know any of these gentlemen be —No. here on th Yes/ Did you see him before the Magistrates -- I did. . gentle ulen Have you seen any of the other before that day?--No, I have not. her e aeNt'edrayse?—enNticz iNielo.ebil..e Lord sittiug The cross-examination of the witnesses closed. (1 0° Mr. WADDINGTON observed that he h a d further questions to put. - - fora Of The proceedings were here suspended re, minutes, during which the Earl of Cardigan. tired from the bar. t a . the On the return of the Earl of Card i g an bar, ' ' 'll d s lid Sir :Tames Eglinton Anderson was ca- e examined by the ATTORNEY-GENER AL • What is your profession? Ander 'The LORD HIGH STEWARD—Sir Jam it aaeta son, from what has passed elsewhere I ti' 1- 'a and to my duty to inform you that you are no. -.° i l ate answer any question that may tend to au ll ' yonrsele. The ATTORNEY-GENEIRAL What is your P r'Y' ession ?--=A physician. _ ato ll- Where do you li ve ?—ln New Tu.% Burlailaa street. Icett . Are you acquaint e d w ith Captain . xnust decline answering that u estion. latli Were you at Wimbledon Cqommon on titl est i o a of September last ?—I mu st & a line that (1 al Were ' IOS Were ( yo u u on that day called on t o a tteldealiae gentleman who was wounded ?-1 mil` that an.—(Laughter.) 'eft hy e, • Can you tell me where C apta in Tuc! %e• —I must decline answering that quest i0n' 00 ?-••• Has Captain Tuckett y house in I 4°• l ,i t tef.) I decline answering that question.- - 0 47-4 -'7' _ A s When did you last see Captain Tuc ki !t c l e ' c iiiie" ir . W. FOLLETT—The witness having t 1 40 4 answering questions, I apprehend it is 0 0 rit ie? in the Attorney-General to put circa O ils • tions to him. that tamp . Tz a c 3, la , e tendt t The ATTORNEY-GENERAL--YOU CO '';'" 0 . Or 1 ine , 1 , 1 ,- swering any question whatever respe' ' 4ll 7 o Ostio ll ? toI declinecr iminate myself: ax y. 9 /W O' _ And you consider any question respe 4 ',,- n t s 'aihiY . ' Tuckett may tend to criminate you?---.. . -1 : 1 ,. - it v. A The witness was then desired to wit; '7.,, John niill Busain Was then called an ° - , 1 by the .. A ..TTORNEY-GENERAL. pag e ' Are you an Inspector in her Mai( St Y 'l • s ' i i o f —I am, Sir. Where were you on the evening e September?—On duty at the scat erne -h° , :it Wandsworth. , , 01. Did any person arrive at the sty lioa-in' ~ to that time ?—There did. „ 11r a Who were they ?—A post- chaise cat' ' I'~•, ~ tt a t ile the door at a quarter to six in the 01 0 ', lit a l.L ;• two gentlemen got out. One r apalell it s irill , door. I went to the door and pel ve lire" .sin e ' his Lordship. I bowed and ask( :cl. Ids V, , there. ~., , s , 3,„ 11 , 11' Was that the Earl of Cardigan ?- cello , g a'e there was another gentleman wia;h h ink 1- °' f c. - the name of Capt. John Douglr.s. • . , ~ Was Dann, the Wimbledon 'miller, Or' did net see him; I bowed to pis L0r(141,11,13i ,e 2/ N Had you seen the Earl of Cai .-digan "'" °I 1 If the 102:eo• at No, but I saw he was a gentle-re An. ,a i 91-1 a prisone d r i , d l 3 b ro e u li s e a v y e .. .' Did he say anything toyou ?.- —lle S ai '" It. 0 ' ". I'l What ?—I sa'id cc Indeed' what account?" Wh a a n t d di h d is P e li' ° hisl..4ordLS°llll(ll S lap say - ?-- - void a e open, sa i id " I have been fighting e a duel,il all - - 1. - lit• a , _ h t my man, but not .seriously , I belier ti s 1 1 '`, /r-' a mere scratch across the back," anu t .•;", is al l '; -.-. ) ship passed his hand across his back tfilt sal 1 ; 1' j ) "!•- • alk ' if • i TlllieaAti• t;11.11111; (The witness passed his hand across 01 `i ' -u His lordship also looked l sii°l%-ulel -All over . _us , oeic a! said, " This gentleman also is a pm ' • „ I; - Lo ra second, Captain Douglas." A r e ; pid you see anything nacre than ?- , -- ",'"'„ s ;LT, t e ship passed his hand behind him into in` s ,,4; 'est some cards fell upon the. floor - he li' res- 1 1 • °:' e l ii the , 0 with one. When I saw the address, stainth' 'f :ec Cardigan, 11th Hussars," I allude { :: again, and said, ,c I hope not with c a p 0 11 11 a; nolds." The Noble Le rd td i ncli ,) ' ,r appear ,_ ht N ot and said, " Do you think I would fig tim e officer of my own ?" -soeat ola The short-hand ; wiatz,, T s k e Ito `l'l a '` e ~ was a 01'1 10 1 el' answer. He read 't • Do you ,-,, here 14. fight with an Infe r ior 1' officer /''- — l.l . k 0 0S loud cries of ic at o, ) A th e ri . The Lord Hr . GIL STEWARD deS%reu 1) 14 to repeat the question. tie tie tf , A * th e Witness —To the best of my e ° ' e " l'' • O ne gu y' I ords) ' ' - ai- s F reply was, when I _ m otto t o name of Captain. Reynolds, it No.; do %,„. ; ' ° , l. e 1!... pose I would fight with one of my osvn o.' "'• /be t ' These were his words to fa' best- f illY l7ee. ..,..e o i? tioa. ' ~„ P 11the A By ATTORNEY-Gt Wpre ar l .l E . P . 4 - ER.,4.L - tll ro tols produced to you ?—There were- , t _..f 10 Fror _ n whom did you receive titen i h 'ioa in Dann, the miller, who step d ill after ''''-- ' ppe ship and Captain Do ' uglas. /11 Jes I Do are the two cases; they have not b een a: I my Possession, since. Those his Loi alsbil l u se D al , are marked with his crest. The ,athee ' ne Hav b e you had th dmver een claime at in your cu all. 41 „•e eJ s, - ody e'rel: " —I have. t 0 t ` ta# The pistols were produced, awl seem o ed • al considerable sensation. of }il l d How long • did the Earl of Cardigan re ' .1 lif - a th e station-house ?—No longer than ti". foe' lii 7 appearance taken the charge. I took his own bail: I pi A :) , ea d rance on the Monday morninea ~...„,' tlie same by Capt. Douglas f—,:rs'l • ' And n Did they did appear ?—They did- ~ ~?--BY you take Capt. Tuckett intocustut /..,' .. order . 5" When Magistrates, I did. Ca nis' trates, P — When h beef • •ell' e 1 e appeared oi trates, on the 14th Oct. t • t • Did hegive ct _. , , his name at that time „ r oe ) , Sir W. •-a oaaErr—Was Lord. Card 1 v innit on that occasion ?—l'io •he egen atooy• I ted by the Magistrates. ' Was 1 le present I ask y•-_, n , Sir?— -So/ , t o-fes A gentleman appeare`:l ' before th e g` l :g i ', ill on the 14th October v/ - 1 dt' into nom you la . d e l 1 custody ?—I had not then take 11 custody. , .4we r it. Now attend Novi, Sir, to the question 311(1 an. Were And yC r p d resent on the 14th ?-1 1111 •,', n ot. Cardigan was not ?—I Le w" `ere have Now - in attend to some of the ans' revs re' givensentb your former , -ormer examination. 50 1 - 1 re yap e .. feao the Magistrates on the 14.',th ; „w e , - t ftt.a• exa • .. I matted before the Magistrate ,s t v•ro oaY - tt y' it iii the event took place ?—Yes, af or ibis L ° was in my custody.. On the 14th o f September ?..-YeS a} $ 3 " Were you examined atex that ,e before - " gistrates I—Yes. 'lo w ing' When was that? —W I the Saturday f;, Were you exami ne d u third time ? - 7 l es. Now,Upon oath 'lach time ?—Yes. ha ve Sir '" you ; 10e r ~.-, a I ask you upon the oat/ I taken,__x diet- you say one word on the twe, f„.° that ,e 1 examen motions about Lord Cardigaia saanne i e lit).a. hit his man? Lords, I iii" A Tne ItTTORN - 0...'" , EI---,..,NERAL--MY d i oe• prebend canny that that que s ti on jt be ask, e 4avy less the deposLions, w hich 1 bt were . no (..(- 1 1/ were are nut in. ~,,,r A ir The Loan Tr evidencelag in the first instance ta ken down ill hey not all ; the Maa i s t r ate sayio g oo Lordship's n ' ' P's expressions were matter. u plift Sir Wm• FOLLETT—NOW. Fir, f ask r ) 11 , / , i2)0 11 VP ova - : your oath, :whether you ev e ' r ' s aid one the two first examinatior about- Lor d Card''ad r.is. hi s saying that he had duel , tn n lea d sap's a ' ii... art ?m I ni iigt" Th• A 0 --TTORNEY-GW A EL IL . — qty LOrdSl -'- - 6 ........ 1. • , again repeat my obliection. 1 4 01 1 e' SZ The LORD HIGH, ..,TEWARE;:- ...SIT IrIll• 4 r t i l e is there any objraetion. to the lifting; i ll o depositioP.'s ? ' P , : ~,. , 'hie .bir War. FOLLETT—My Lords, at is nl l .l-,t s for us to say whether there are a ny dee',:;, - 1 9 1 i or, if any, what they contain. V, re unner'aab that the Clerk to the Mapistrates 'hag been .---- • . dto r etuse pomaed for the prosecution'and he .11 3 -s give us any information. . . 0) The ATTORNEY-GENIAL—., 3,--, 7... rds•, we Ca" ~s,.