The British Press; or, Morning Literary Advertiser.
London, England, 1821-08-18 00:00:00

FATAL DUEL.

This mornitif the trial of Andrew Brililekink, Francis
Brillfrbonk, and krimund Spencer,clonaed with the mur-
der of Mr. William Cudilie, soirgeon. of Winster, came on.
From the I "it taordi oar y interest which the case tactic:l, the
County [lntl, al nn early hour, was placed in a stair of siege.
The Judge'. house. the garden-door, and the entrance to
Vfehster'ii hotel, were attempted by numbers who from their
in filieliee in the town, and from their IEIIOIIII respectability,
considered themselves entitled to those facilities which those
avenues may have afforded on lets important UCCIIOI,IIN.
Rut the efforts and applications mask• for admission is those
quarters 180..110'6c' orders having been issued to prevent
strangers from being admitted into the Hall before the Court
assembled.

The Prisoners we►e brought into Court by Mr. Elton, the
gaoler, before the 11311 was throws, open to 11w public. They
appeared deeply and properly erected by the aural si-
!nation in which they w. le Owed, and their humbled and
twenmisig deportment inipired a lively interest among tie
spectators.
The Jury were then sworn.

The Judscm said. he was informed that some of the Pri-
soners were nowell. In Ihit case they were at liberty to ■it
clew., when they theorist proper; and he begged *teem to du
sso at any period of the duy when they might feel themselves
fatigued.

Mr. CLARK; jots. shortly opened the cafe by stating the
charges preferred in the indictment.
Mr. Deßtl&u said, it was his mast pitied'sl duty to state
as shortly sad as ►imply as he could the circumstances of
this 'flattening ease to the Jury. They had al►eady heard
the Prisowers stood charged with a crime which was consi-
dered ore of the heatiest of which human satire was caps,
ble—the crime of murder. The act charged had been com-
mitted by Wm. HMO...bank, who was nut in cualorly, and
the three individuals at the bar wets now to taLe their total
for hating beta aiding, •betting and assisting in the com-
mission of the said murder. The first question for the Jury
to cansider was, %kilter W. Britt!. bank was guilty of mur-
der, and if they rime to that conclusiuu, then the nest point
to which their attention must be directed was Ibis—whether
or not the Prisontia as the bar had heel' aiding, abetting,
raid assisting hint when the crime was committed. With
respect to the first point, he feared no doubt could he enter-
tained, awl many facts and numerous wits. • tould, he
believed, eitr..hlish his guilt. He was not there to.day. flay-
ing been discharged ou boil to a great amount, he bad us t
surrendered himself to justice. He had bad some doubt
whether he ought in opening this case to describe its princi-
pal features. lie WA always doubted whether Gentlemen
at the bar might In offer a statement to tbeJory which could
have use effect sinless it were sustained by evidence. He had
houeser considered, that in this particular case, it might
scent that ■n itividiout., mid pee leaps a suNpicious exception
was made if the practice were departed front, and this recoil-
d him to pursuing the usual course. He then shortly
went over the principal features of the case, directed the
attention of the Jury to the most prominent facts rusineeted
with the death of Mr. Cuildie, as they will be found detailed
in the evidence, and bets fly &omit es/ the law of evidence us it
applied to receiving the declarations of a dying mass.—
Having noticed the circumstances connected with the duel,
he pressed un the consideration of the Jury that Air. Cudibe
hail never admitted the duel to he a fair one; but at the
same time he slid not impute to Witham Hictilcbank that
the pigtail' bad not beets equally loaded. lle did 1110 i believe
but that Mr. Cuddle's pi.at•:l wen loaded with ball, and that
he had risked hia life its the same way in which the sleceasid
had hien made to risk Li.. He conjured them to dismiss
fruits their minds: all ',reindict,. which Hwy might have aim
lobed from %skit they heard ekewhere, sod solely to regulate
their decision by the fairies,' e that Mil II 1,1 be laid before them.
Should the witnesses fail to make slid the case, he should he
happy to hear of the acquittal of the Prisoners; hut if the
fact:, (Largest should be made out against th►m, however
painful thrir righteous verdict might he to theinseletar, and
to alt who heard it, they, as men ut humor, %could heel that
the y had but one duty to pet hum

Elizabeth Harrison, the first witness, was thew called—
examined by Mr. Phillips—Witness was at to Mr.
Caddie as the time of Ilia death. He was is Marceau at
%%Limiter, Ile died on a Wednesday. Reseslere•d seeing a
1.4.6.011 Of the lisille of William Sutton come to M►. Cuddle's
on the alutidity esiuiug before Mr. Caddie.. death. %Vitiates
Sutton was see total im 11w family of the Hrittlebanks. Hr
brought 41 note 1111 the Mooday evening. Could Dot tell at
what time he cam., but it am is the evenisig, soul eaudlea
were lighted. Iler airier lereived the mile, witness saw
lour receive el Ile sat down awl read it. William SUIIIIII
said he 'num hike an allover Gael., and Mr. Caddie when he
had r. ad it said, tell Mr. W. Ihitilehaak their is no mower,
11101 110 :110111/er was tetnrited. Her master Slid herself were
.atting at beenkfs,i ill eight o's lurk on the following morn-
tile, when Sotto', I:wicked at the dour, soil her
51i.1," Come for.. med." William Su 11 elute in, and
said 31r. William had Lent him for an answer Mr. Cuddle
said he had told him there was 110 answer, and addcd," You
11101:l tell lout (Mr. %Militant firitil. bank) fruits me, that the•oe
14 110 3114W.1.f, Iliad that I shun hate nothing at all to du will§
/Yell a fellow n: he is." Salton then went away, and no
nl/.111. a t1:1,1 returned. %Vitae.% mid her mash r sat slows to
dinner at two u'eluck that day, when somebody kuocked at
t!tr door. %Vitae., went to ale who it was. It was Ihiclor
Slw'ure•r of IS•:keasU, the middle Primmer al Use liar. He
n-ked if Mr. Coddle was *Ohm' %%llama said he Wl4ll, mud
Mr. Speorer followed Willdeml 11110 Ike stunt' parlour w►rre
Mr. Caliblir saw dining. When Nieto-et came an, he•r moorr
gut up. 'l'h, y shook hands, awl ,shed each other how they
Iler 111.1Alef rroitiv.hd Spencer to take a glad* of
Witur.s I. if had a tooth: ut ale, sad they sat down tit the
doming roma (a„otlw•r ream), a hear "swum' placed two
41111-r drinhoug half a Moils, her toaster wished a
fiso to he mods 111 the room a here they had here drinking.
They came tutu the putout. again. %Vitoess pot the thisig. tin
Our side, aisd Spencar went away. Her mash r cantina. at