The Express.
London, England, 1853-03-22 00:00:00

THE EXPRESS, TUESDAY EVENING, MARCH 22, 1853.*

Let Ido sot know any of the mhos*. These three gentle-
men went away by the train for London, and I observed
before they started that the prisoner Mornay had something
like aa umbrella wrapped up in his cloak.
Margaret Perkins said—My husband is a labouring man
at Egham. On the morning of the 19th October 1 was go-
ing across P.nglefield-green, about 12 o'clock, and wheu I
came to • place called Priest's-hill, I saw two gentlemen,
who were apparently foreigners, standing together. They
then all came out into the main road, and after they had
talked tawether a short time, they went toward. Priest's-
bill. The (our persons were el the party, and the deceased
also was among them. Two of the party went into a field,'
and I heard a whistle, and the rest of the gentlemen joined
them in the field, and I observed them cross another field,
and then I saw nothing more of them. I saw the; ccessed
soon afterwards at the Barley Mow, and I recognised him as
one of the party.
William Herbert mid—l em a labourer, and reside at
Bonham, in Berks. On the 19th of October Istas in the
neighbourhood of Englefield-green, near Priest's-hill, when
I heard several foreigners talking in a rneadow,and I :topped
to listen, and in about five mii.utes I beard the report of •
firearm. I only heard one report, and then a man hallooed,
and lam • man come up the hedge into the road. I can-
sot recognise either of the prisoners as that man. A medi-
cal gentleman, named Heywood, came up, and I accom-
panied him and nee of the foreigners into the second mea-
dow, where I saw a man lying upon the ground, who was
bleeding from • wound in the side, and the prisoner Allain
was endeavouring to sop up the blood. I assisted to carry
the deceased to the Barley Mow, at Ettglefield-green, and
Allain and Mr. Heywood accompanied tki there.
By Mr. Chambers—The prisoner Allain seemed verysor-
rowful, and to be in great distress of mind at what bad oc
sorted.

Hayward.—l am a surgeon, end reside at Egham.
I was passing up Priest's Hill on the 19th of October, about
■ quarter to one o'clock, when the prisoners Mornay and
Barthelemy came up to me. A third man was with them.
One of them asked me the road to Windsor in broken'
English. When I got to the top of the hill, a third
foreigner ran from the field into the road. This person
was Barronet. He asked me to accompany him to a place
where he said his friend had been wounded by a bullet. I
believe he had been told before that I was a surgeon. When
we got into tho second field I saw Coarnet lying on the
ground, and Allain was attending to him. I srw that he
was wounded in the right side, sad that there was a cor-
responding opening on the left. The deceased was re-
moved to the Barley Mow, end in about three quarters of
an hour Barronet went away. The primmer Alain re-
mained until be was taken into custody. I
staid with the deceased until 6 o'clock in the afternoon.
The three men I first met came in the direction
from the field in which the duel was fought. I saw the
body of the deceased after death, and ascertained that
death was evidently occasioned by being shot by a pistol

By Mr. Chambers—The three men were at taut 150 yards
Irons M. Ilarronet. He did not tell me what was his object
in going to London.
By Mr. Parry—Allain appeared in rest distress of mind.
He talked of M. Cournet as his old friend. rho deceased
died about six o'clock. He appeared to be very much de-
voted to Attain so long as his senses remained, and I never
saw more real feeling than was evinced both by Allain and
&imagist.

Charles Jaws said that he met three foreigners on
Priast'shill on the morning in question, and they told him
that there had been an accident, sad asked him where they
could get a cab or some other emveyance. Two of the men
he saw were Mornay. and Barthelemy.
By the Court—Priest's-hill wu about three miles from
Windsor.

Mr. Jobs Madogan, the station master at Windsor, de-
posed that on the morning of the 19th of October be was in
the office prior to the starting of the half-past two o'clock
train for London, when he mw the prisoners Mornay and
Barthelemy and another man, who also appeared to be a
foreigner. Mornay carried his cloak with somethinc like •
sword wrapped up in it. These three men took their seat*
in a second-class carriage, and in about flee minutes Bar-
thelemy came to the station, and he walked along the train
and looked into the all the carriages, and then be changed
his tickst,which was a second-class one, fora first-class ticker.
After the train had started he received • communication to

the effect that • duel bad taken place, and he sent a tele-
graphic menage to London by the Gnat Western Railway,
and on t►e same evening Barthelemy, Hartnett, and Mornay
were brought down to V/indoor, snd be recognised them as
the persona he had seen in the afternoon, and he observed
to the policemen that in taking Baronet they had taken
the wrong man. He thought at the time that by his coming
to the station after the other three that he had nothing to do
with thin,.

John Underwood, a polies constable, proved that upon
the receipt of the telegraphic message by the Great Western
Railway he stationed himself on the platform of the South
Western Railway, upon the arrival of the 3.25 train, and in
(=sequence of the description given to him he took Bar-
rose, Barthelemy, and Mornay, into custody. The two
latter cot out of • second-clan carriage, and the other pri-
soner came up to them, and he did not see where he came
from. The clothes and sheet of all the prisoners were very
dirty. As they were pits towards the Tower-street
police station a foreigner, who was standing in the Water-
loo-road, came up to him and offered him a sovereign if he
would let hie friends ge. He told him he could not do
that, and Morney was then about to hand his cloak to some
person who was following him, but he took it away from
him, and found two swords wrapped up in it.
John Noble, a constable of Windsor, proved that from
information be received he pat the telegraph in motion, and
afterwards proceeded to Looms, when be found the pri-
soners &meet, Barthelemy. and Money in custody, and
he conveyed them back to Windsor. He found some per-
cussion cape in the possession of the prisoner Barronet.
Upon the prisoner Barthelemy being searched, two right
hand gloves, both of which were split across the palm,
were Mind in his remotion.
Mary Day deposed that she was called into the Barley
Mow to lay out the body of the deceased, and she found a
bullet in the bed.
Mr. Biddelemb, of the county police, deposed that he
went to the Barley Mow on the evening of the 19th of Oc-
tober, and found the deceased quite warm, and apparently
just dead. Witness assisted in undressing the body, and
saw that a bullet had passed through the clothes of the de-
ceased, and also completely through his body.
Mr. Edgell, uoe of the magistrates before whom the in-
quiry took place, was called as a witness, and he stated
that when the prisoners expressed their desire to make the
declaration, be cautioned them in French, and mule them
distinctly understand that by the law of England they need
not make any statement unless they pleased, bat that if
they did it would be used in evidence against them.

The statement wu then given in evidence. It was to
the following affect: " Whatever may be the consequences
of the seventy of the English law against duelling, of
which I wu ignorant, I declare that I was the second of
M. Cournet on the 18th of October. That the obligations of
sincere friendship I entertained for him would not allow
me to refrain from accompanying. him in this fatal
rencontre. He was my best friend. I had found
so many noble qualities in him. I did all I could to avoid
the rencontre, but I had to obey the laws of honour
friendship, and the customs of French duelling. Were I
to pass the remainder of my life in prison, I would never
disclose the name of the person who wm the adversary of
M. Commit. Now that I know the English law, honour
forbids 's, from mentioning the name of an antagonist, if
he cannot or will not do so, I am • prisoner; but I will
never quit a prison by making a declaration which is re-
pugnant to my character and habits. Signed BAYRONNT."
The following statement made by the prisoner Altaic was
also put in I adhere to this declaration, and it is quite
is coarottnity with my sentiments. Signed ALLatte."
This closed the cam far the prmecutioa.
Mr. M. Chambers than addressed the jury on behalf of
Berroset.

Mr. ferry and Mr. Ballantist• also addressed the jury
for their respective cheats.
Some witnesses were then called to speak to the charac-
ter of Alain and Barronet, and they described them as
having been persons of honour and respectability in their
own country.
Mr. Josue. Coleridge, in summing up the cane, said he
felt it right to remind the jury that he and they both sat
there to administer the law under the obligation et an oath,
and it was their duty to do so fearlessly and conscientiously.
It was very painful for any judge to have to sit and dis-
pose of so serious a case ; and he must confess that he was
surprised to hear learned counsel of great experience and
great talent tell a jury that the law was that which they
knew it was not, and, to speak plain English, mislead them
and endeavour to induce them to find a verdict which they
knew could not be justified either by the facts or evidence.
The four gentlemen at she bar were Frenchmen, but they
resided in this country, and were therefore subjects of the
Queen, and bound to obey the law, and he would tell them
what the law was upon the subject of the present case, and
he believed they would be of opinion that it was not only
in accordance with law, but also with the dictates of com-
mon sense. The law was this—lf one or more persons went
out to together armed with deadly weapons, for the purpose
of committing an unlawful act—which fighting a duel un-
doubtedly was—and the death of one of the parties ensue,
it was, in the eye of the law, murder on every person con-
nected with the transaction, and this applied Equally to
the seconds of the deceased, as to those of the survivor—in
fact they were all held to be responsible for that which
might be expected as the natural result of the act they were
about to commit. If, therefore, the jury should believe
that the prisoners or either of them were proved to have
acted in this , they would be justified in finding
them guilty of murder, but if the evidence was not malaise-
tory as to their identity, or upon any other point, thoywould
then sad they were not godly.
The jury retired ate quarter to 7 o'clock, and returned
into wort in about an hour with a verdict of Guilty of
manslaughter. . .

The learned Judge, addressing the prisoners, said they
had been convicted, after a very long and patient inquiry,
of the crime of manslaughter, and it was now his duty to
pass sentence upon them for that offence. He observed
that they had already been in prison more than five months,
and he thought it also probable that, being foreigners, they
were ignorant of the law of this country upon the subject of
duellinc, and that, therefore, they might have been misled ;
and, taking all the.e circumstances into consideration. the
sentence would be mach learn than it otherwise would have
, been. Ile then sentenced all the prisoners to be further
imprisoned for the space of two months.
110DLAND ClRCUlT.—Wmtwicx, MARCH 21.
The Yiai I'rius business of the assizes commenced befor
Lord ch;er Jostiee Jerrii. this morning.
EAst to YUCNO.—TRE CARD CHIATING CASS.
An action to recover 112 i., the amount of a bill indorsed
by the pugilist, Bleary Broome, to the plaintiff, who acted
as his attorney in the recent notorious card-cheating case.