The British Press; or, Morning Literary Advertiser.
London, England, 1821-04-14 00:00:00

. - OLDII4ILIEY SESSIONS, Aram 13.
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TRIAL Oir 11.111ft•CORIATIE AND/Ffig..
CAA OF AMMAR. - '.
It harmtheetticeiserally understood that this wus
the day appoinirN fur the trial of these gentlemen,
the Court was eiowiled to excess ut an early hour.
There wus seureelya seat to helm! at 8 n'clock.

A few minutes after ten o'clock, the Clime Joss
TICE earl Mr.JUSTIet PARK took their seats on the
Beim+, when Jonathan Henry Christie, and •✓ti7PCS
Trail, whoshad previously stood in the body of the
Court, were put to the Bar.
The 'youthful and respectable appearance of these
two gentlemen excited in every one present the
strongest sympathies.
The following Jury was then sworn :
Atexaniter Williams, George Richardson,
'AIMS 51.1.ellandl, Richard Pimell,
Henry Laseaby, Thomas Baldwin,
William . ThorsasiiihrerwoLll,
Francis Hubbard, Francis Lamb, soot
Robert Rumen Robert Stoat.
The clerk of the arraigns then read the indict-
ment, which charged the Prisoner at the bar with
the wilful murder of Mr. John Scott.
Mr. WAI.FORD then rose to state the case to the
* He said it was difficult fur him to find lan-
gauge to convey an idea of the painful feelings
with which' he rose on the present occasion. In-
deed the man who, recollecting the circle in society
in winch the two resptetalsie young men at the Bar
hatemoved, and bearing In 'maid the awful conse-
quences that may ensue, could behold their situation
without emotioa, must be 'mammas' .of much
firmer nerves than the individual who•thad then
the honour of addressing them. He should,
however, endeavour to discharge to the beat of
his :ability the painful ditty that
.had devolved
on him. and, in the first instance, he must en-
treat the Jury to dismiss from their minds alto-
gether any rumours or report. that may have pre-
viously come to their earl, respecting this metrs.
choly transaction. They should direct their ot-
teutton. and be guided iu their decisions by the
evidence alone that should be laid before them.
It was his duty to lay that evidence before them.
But before he did so, lie most ',retinae. that the
parties concerned in this prosecution hurl instructed
him, their advocate, to disclaim on their part all
vindictive motives ; they were merely actuated by a
desire to lay the case before a Jury, shit such con-
clusions might be come to as justice of the case
demands. Of the nature or event of the provoca-
tion that led to this tninsactio‘lie had oinking to
communicate. The late Mr:Seott was a Gentle-
man highly distinguished in the literary world, and,
at the tune of his derrease. was the praucipal con-
ductor of a respectable periodical 'work, 7-he
Lomdua .11agasine. Mr. Christie, one of the pri-
soners, is a Gentleman in the law, in the con-
veyancing department. Mr. Trail is also a
Gentleman in the law, a member of the profes-
sion of the Bar. At the period at which this un-
fortuuate transaction took place, Mr. Pettigrew
(whom he should call), a surgeon residing at Spring.
gardens, wits summoned to attend the late Mr. Scott,
by Mr. Pattmore, who is nut now present, to
Chalk Farm, in a professional capacity. He obeyed
the stininsous, and took a gentleman of the some
of Morris with hum is u coach to Chalk Farm. On
coming near the spot, ire heard • shot, which he
supposed was the report of a pistol ; he saw ionic
gentlemen measuring the ground. Soon afterwards
heard soother shot, and saw a person fall, upon
which he got over the hedge. and saw Mr. Scott on
the ground. He states, that Mr. Christie nppitared
its extreme agitation. and coming over to Mr. Scott,
said he would most willingly exchange play's. He
also braid lam say. he should not have been allowed
to fire a second time, having thscharked his first
pistol down the field. This was all Mr. Pettigrew
could state. He afterwards returned to town, to
nuke some prepor:itions for Mr. Scott. Mr. Scott
was then cosiveyed to a tavern at Chalk Fenn, where
he was encoded be an eminent physician, Dr.
and to hum be described what had passed
on the ground. But, for reasons hr would slate,
he should abstain from mentioising that conversa-
tion. According to law. the statements of a mull
dying of s mortal wound was evidence against
a prooner. But at the time this conversation or-
carrtsl, there ass reason to suppose that Mr. Scott
did out apprehend his death ass approaching.
However, Doctor Darlry should be called, and if
what he states can be considered legal evidence,
it should then, and then only. he submitted to their
consideration. These were the facts of the case as

',liquid he detailed in evidence, and now he should
say a few weeds respecting the low as it affects this
transaction. If two persons have a quarrel and
meet together at a auffictrut distance of time after
the provocatiou has occuered, to lease a reasonable
presumption that their possiosis had cooled. then
the law, conridering it II cool deliberate act, if tither
of the party come by his death, looks upon not only
the poyson who use, the instruturnt whereby the
life is taken away, but ell those that ere iireseut,
liable to the charge of wilful. asterder. But if the
mewing take place immettiAtely after the quarrel,
so that it cahoot be supposed their ilastions had time
to cool, then to the tyros of the ulifortusiate cons*.
queoce he 1110 described taking place, the law con-
templotea it is. the more leuirtit light of matt.
slaughter. And here he begged to impress' upon
the winds of the Jury the hour at which the meet.
ing took p10ce.,...it was by mooolight, a moat
estraordioary hour, and on the night of the day on
which the provo-ation took place. This woo a nia.c-

1 .
nal point, soil although Counsel for the prosecution,
1w could not cones-at so, hecanse it afforded a strong
presumption, that their passions had not cooled st
the Wart ant therefore the offence come under the
ilenoiniiiatton of manslaughter. There remained
but one consideration more, and that was, whether
any doubts were extertalittrd in the minds of the
Jury as in the Prisaiseis et the Bur being the per-
sons engaged in the transaction; if tai. they Were,
of course, bound to acquit them. Of this he had;
uo expectation. It would rest with the Jury Its
take all the feces of the ease into their most serwmat
eouriderosioti, and. to return that verdict "thick
their own conscience,, after asatare deltberasion,!'
dictated.
Mr. l'elligrew was the, called, and swore to the
frets pretty mearly as stated by the Learned Coun-
sel. He resided at Spn.qt Gardens. was requested
by Mr. nutmeat. to attend Mr. Scott in • pro.
fessional capacity to Chalk Farm. He armed-