The British Press; or, Morning Literary Advertiser.
London, England, 1818-01-14 00:00:00

FATAL DUEL.

Yesterday morning another investigation took place liefore
Rtcu►au Smarty, Esq. respecting the cause of the death
of Lieutenant Edward Bailey, of she 58th Regiment of
Foot, who was shut iu a duel us kluudny morning, in a field
near Chalk Farm.

Theodore O'Callaghan, Esq. who is charged with hying a
principal in the death of Ilse deceased, was brought to the
()thee to undergo • second essuninatinu, as were Charles
Newlinit, his second, and Thomas Joseph Phelan, the second
to the deceased.

Mr. George Rodd, the Surgeon, of Hampstead, who bad
omitted to attend the examination on Monday evening, ot-
tended yesterday sniorning, and slated, that lie was sent for
on Monday wooraing with great speed to go to Mr. Adams's
boom, in Ingranes-lase, to attend a geatlemait who had
been 'severely wounded. He arrived at Mr. Adams's house
about ten °o'clock, where bestow a gentleman, who had been
wounded, lying on a sofa ; be proceeded to examine the
wound, and be found a ball had penetrated son his sight side,
very nearly io a line with his navel. He proceeded to ex-
amine him on his left side, when lie iliscovesed that a ball
was resting between his skin ousel the muscles. He inceeeded
in extracting the ball from the wound, and then aln.xactl 11.
The three gentlemen, who are the Prisoners, were pet sent
in the room at the time he examined the wounds of the de-
ceased. After Liesit Bailey died he opened the body,
and found his ionestines had been wounded is. *lsere differeut
places, and which he lead no doubt haJ caused his death.
Mr. William Adults, who has acted au hummer in this
unfortunate trans:senate, attended again, and stated in ad-
dition to his Seatimory, which be gave on Monday night,
that after the deceased bad called Mr. O'Callaghan to him
on the sofa, he shook hands with him, and said every thing had
been conducted in the most honourable manner, and that be
forgave bins. He asked Mr. O'Callaghan if he would have
done the same by him if he had wouuded him. To this
Mr. O'Callaghan replied, most certainly; be should have
acted as he had done, and followed top the observation by
saying, I wish I had beets wounded isostead of you.
Mr. O'Callaghan appeared muck affected, and said," Yuu
touched me in the first fire we lead, on one of sny legs, by
what is called a graze." He then exhilvied his trowel-vs and
boots, *hen it appeared that a ball hail wessca through holly
the legs of his Irowsers and one of kir boots. He saw the
deceased, Lieut. Bailey, shake hands very heartily with
Mr. O'Callaghan previous to their parting.
The three Prisoners were ordered to heels gained its custody.
Ott the application of an Attorney engaged Air the Pri-
soners, Mr. Siang agreed to their undergoing another in-
vestigation, previous to their commitnieut for trial, and
the Attorney wrote to Mr. Adams, reepiesting it as a favour
that he would attend again last evening, at seven o'clock,
at which hoar the three Prisoners were brought again to
this Office, and Mr. 1411INIC having takes. his seat un the
bench, Mr. NoLan, Mr. AILAWN, and another Barrister,
whose name we understood to be Gouto, presented them-
selves he the Magistrate in behalf of the Prisoners.

Mr. Nimes' first addressed the Magistrate, awd observed,
that as the Coroner's 'agent bad out yet sat, sod would
not sit till to-morrow, as the Prisoners were now in safe cus-
tody, the Magistrate would let them remain where dory had
been hitherto confined; as he well brew it was ha waist to
urge any dincretiosary power the Magistrate posseseed as
to bailie' them, till lbe decision of the Corouer's Jury was
kaowa. The Learned Gentleman said, he frit strongly the
thaege a the crime wader which the Pri.amers laboured,
bet be would say, that nothing be bad beard of the 'evidence
against theft in the least affected them as to premeditated
murder. With regard to owed' the Prisoners, Mr. Pbellii,
he was the 46:leased's particular friend, and was by nu memo'
isistrumeetal to the violence that bad been committed.
All that Mr. Adams said respecting hits, sad who was the
must innterial evidence was, that he was there on the spot
at the time the deceased came by his death. Foe any thing
that appeared in evidence, he might beet been there 'eel-
dentally,llw spot where the transactioa took place being
near a public road and a path, be might have beta an idle
spectator. lie must now "Muter for the highest crime which
the law knew. The question he had to urge was, whether he
was to remain 'Or custody, or be admitted.to bail, till his
trial, which be urged as to a seam of honour and
humanity, and which he had an doubt was possessed by the
Gentleman before whoa, the busbies' was first iiiveatigated
(Mr. Conant), and if be had Ikea bees presto', h.. ellood
have taken the liberty of asking Mr. Adman a few pies.
Lions, which be tattered himself would have indwell' the
Magistrate to have admitted the Gentlemen to bail. If the
Coroner's Inquest had met situ pronoonced their verdict. Our
cam would be altered. As Mr. Adams bad not arrived, lie
trusted that there would be lit. objection to Ira them remain
where they were. To meet his fate it wait the wish of his
friend, Mr. O'Callaghan, as soon as possible, mot to whom
the trial would be the must Willi resting, and he by no means
stashed to defer it. All he wished tor oas, that they might
he remanded till tornorrow morning. Alter the Cur is
Inquest had sat olio's the body of Lientenatit Bait. y, sod
reformed • verdict, it would thee, be a question, übriber all
or any of the Gentlemen should bt admitted to hail.
Mr. All6lllll followed Mr. Nolan, mud Wray baud...timely sc.
knowledged the kindness whirls had Lem. elieiru Irma,
allowing him to read Ilse evidence, ninth hail hi en taken iii
writing, against his clients. lie proceeded to Enlarge upon
it, and urged that there wee awl a shade of dillersitee be-
tween Mr. Phelan anti Lieut. Neabolt • mail noictied that
their etimmitenent may be defetted, mud that they might be
admitted to bail.

Mir. [loam, in reply, said it was iria aid' to do jmdice to
sU. The Primmer. had all Iwo found mi the vol.
Mr. AIUIIIIIN admitted that there waa uo Armin about
that, bat he appealed to the Magoitrnm to feel as a mail, a
voitteman, and an a hier)rr.
Mr. BIIINIC paid, he hail a politic dirty to pedant. In
mower to arguments or the Learned Counsel, he 000 tad
the erldnated lase of Mootiouirry sod M`Natum.l, to

which Mr. lieaviside, The sorgean, 111111 committed fo ISt tr-
gate, who hail Itti y !Well :Mew/lux prof, ty, yet hr was:
committed on a ebitsge of siturdse. In that rate, it M. 1:1
recalliTted, Sir 111dt:frit F r'd wU eurtorruitiet.,
who at that time took up 1
he,iaarepre ofduelloc.: iii a vary
spirited manlier, and publicly expressed likoletro 111 Hie ti,
commit the surgeons, and all persons wlas were pees, nt at
fa(il duets, to take llit ir trials for nostaler; and it was *his
firm conduct in the Magistrate at that time.tv Welt cherked
the sp rit for ilui Bing fur some time after, Mr. Fleet isms,
Laving liven confined in Neivgate fOr a considerable lino,
and at a heavy cspense. Probably bail to ant. amount could
have bruit procured fur 'Mr. Ileavisid but all was refused.
The other ',earned ( totinid, whose paste we understood
to he (;nt.t.n, war tieaid iu favour of the l'rionnee a.
Mr. Nuit.AN said, their only motive for the application in
!behalf of the PetslllllT, was, that they would he noire com-
fortable where [hi y Ita.l been during tl.e night 1111111 in
keirzate.
Mr. Ilium tt: observed, that lie did not know that Magis-
leaks hail any thing to do with Coroner's Impirsts.
Mr. NOLAN if the mmi.tritte eumidied with the op.
pliestion, ieu inischier, public or private, could happen.
The St agistratc obscrvect, that it was ii, evidence to fore
him, that our of time l store *objects' had been dem ived of
life, nod upon prima facie evidence, it was mariler.
Mr. Nolan again urgiil big motive, that ilia clicsits might
here a more comfort:ll4r kilging..
Mr. BIRNIE said, te.f..411
soners must all be committed list New:T:tie, to la o three tr,nt
fur the murder of Lient.•ltailey—and lie was convinced that
the three Learned Geittlenicit would allow tb.it he liad sly-
cideil right.

The Gentlemen limited and retietd.
The Pi isossery %vie given into the custody of :lie g !ob. is,
to lie conveyed to Newpie.

91 ARLBOROUGTI.STRFTT.
HORRID 3IURDER, ARIMNG FROM THE FATAL
EFFECIJ OF EXI•LSSIVE DRINKING.

Land Evans. a jiitiroryturto ithoot 40 yenret
or, WaS Lllll4lOll opfr. to St. Antic'. watch Iwu.r,Chntttsd
with thr wiliat utunh r of ---, Ir.s %%ay., by her
reiwittedly with a poker. Satur lsy night, at his !milting!.
iu raleotaberz-cian Cr,' ti-tairi 1, St. Aline 's. Ihe !ta-
b.* III:. is Ili evidence at length, as deposed to by the Ihi:VCI
WillICS111411:

Mary Chapman stated, that she lived with her husband in
• room over the Prisoner, whn so-copied the parlours at
No. 3, Falconlwrg.cosirt. tha Saturday Meld she heard the
Prisoner talking loud, as if quarrelltng ; thus was berme I*
o'clock, and f that hoar, ismul three on Sunday 1111 l
she heard dreadful groans, which proceeded I,son the P.l.
loner's rooms She went to a chandler's idiom the Di at
morning, *hen it was reported to her that Evans had mur-
dered his wife. She olaservrod the bed anal pillows placed
against the wilidow, the curtain of the lied-mum was I hots it
back, haul there %reused much contusion. the Hest day
a young woman was floret., and she Idiot nut know that the
wife was dead moil a cuQin was bronchi iit no Monday night.
Aisne De d, a t SUlpoama witness, stated, that
she occupied the first floor • t NO. 3, sorer ic Prisoner's
bed-roam. On Saturday night her husband came home
drunk, and after hating had a few words with the Prisoner,
who busied himself about the street dour, he threw himself
on the heel with his clothes an. The Prisms. r used illy bail
words to witness, after he had got into Isis emu route Wit-
ness wailed on the stairs and lo aril him beating his wife,
whom groans were Mud and repeated,and she alarmed ate
other lodgers, stating, that murder %4:111 einniniaing in
Ilse house, bid she could IRA Millie any sit e, mid she dared
toot go alone. The groans of the dereass•ul grew more lan-
guid. Nut seeing her the next morimeg, she Omagh! she
might hare gust Mask riot, and being a errs reed particular
woman, she w. old mit like to be bores. Wit elm saw ilia
Prisoner treat worsting wiping spots soot of the thio r, with a
wit cloth, in the frosts parlour, and she upbraided him so ill,
ill treating his wife. The hat k parlour door where they slept
was abut. There was mush imissiry about the wife its thr
neighbourhood, but witness did slut know she was (lead
until Nlouilay night, whets the collie, aas brou;lit in, The so
was a strange woman in the Pi 6,1;1.1.'1 apartments, incei-
sandy watching Ilse knocker of the door
iteltecci Mucelcu hit, a genteel lookiug marricil woman,
wins occupied an apartuient Lm the second floor. con oho.
rated the evidence of the twit foismr witnesses, relative tis
the groaning of the deceased mail after two o'clock in the
maritime. It was like the gof a der,. She made up
her mind to co down stairs twice, soil slit. got nut of boil lit
du as, hut she was afraid of herself and her Imams!, as Is.
was but a little man, although she said 111 him that she
would nut stay in a house where murder was COM.
misted. The noise which press sled the :roans appeared to
her likes person koacking dawn shelves with • poktr, aid it
continued as if to droull the groaning,
Mr. Webb, Coustable of St. /time's, also acted upon tin
information of Mr. Drsiound, was swum, aril his testi-
niony exhibited a horrid picture. 'Photos- having hetud of
Ilse suspicious circistu,tancros, went to the Prissourr's home,
and found him smoking. Ott interrogating his., he said
something of three Is kismet) tunic iii the passage, and by
his conversation hr set toed to hare bees§ jealous of Isis wife,
and arkutiwlcdgml baying struck her its the Hsouth with his
fist. Witness examoincil the front.pas lour, soul discovered
Ilse flour and wainscot besprinkli if a oth lipoid All atri snot
had been made to cleanse it, Slut the 'cry 'Mogi of the
room which were met of reacts, were splashril with. it. Ile
could nut find any of the den ascirs clothes, but a pair of
bandit were found, which were bloody He afterwards saw
Ilse body in the maim its the bed-room, corsor,,l liver atilt a
sheet. The cap silt the head WaR its 11 gore 11( blood, and
the hair matted with it. The back toast of the load was
brat to atoms, so that a finger could lie buried its the
wo 00000 Is, moil no such appearances could have heel. arca-
siossed by a fist. This roost was also besprinkled uith
blood. Witness look a poker (nuns the tile, which, front
the appears to of blood on it, was sits Mod.. the instrument
of death. The Prisoner said that the deceased was vsr y
bail at seven o'clock in the morning, mid he applied hot
hoicks lit her feet, awl that she Bird as 14'11 11.11Ork. He se.
fused to give sssy accouot of her clothes, but witness surer_
teemed that a map named Davis, wins winded next door, suit
Ratted with the Prisoner near Ss. Church, had them
in a bundle, which the Primmer had conve)rol to his a ii.,
Webb traced the bundle, and the (Italics eolith med the bor.
rid an ; risme of them hod hero a t shed. Ihe r
said that Mrs. Davis and Mrs. Jonas laid his w ifs
George Gillman, a clerk, and son to the watelchatist
keeper, corroborated Welsh's state mem, and added, that
the Prisoner told loins shat he mmesi to .1 w oils his wife, !K-
-ellum the could rod account to him his our of ft, ;
that he went from one public-Loose to nuather till he was
drunk, and that a JlllllllOlll 111111 111:11 lie 11111, living wall a
WUIIIIIII that was 1101 his wife.

Th.. Prisoner's defence was 9 repetition of aim: he 1....1
told WeMb and Gillman ; ohm Darin viol lie went
till lie got very drunk, and that he (timid himself lupin_
on leaving the first house. Whin lie go, lionw,he could iiot
remember That an li-whaossi o.truck him, and One 01 ih.•
w •a (Desmond), told him Ohio her husband 1,1.1
mina' knowledge of his if., He lost 91,01“. ghoul ih.•
oniony being 'hurt; applying too to her 641,
her tea in the imagist, of tier going to lied, nod 'hat Has ,•
awl he found her dead in the 6.11, in the 1111011111 g.
califs, he said, was had from Westuloodcr.
M.Rislnte.—•• How cfteti did you strike het, and lira
came the room wo bloody ?"
Prisoner—?' I suppose the Mood came from my wife's
head. I was very ttpsy, and don't temt•mhcr strilsittg lin.
more thin 'wee.

filacistrate--" H. a came the blood on the I,oker! '
isioner—" 1 sands% has: Otto k har hi :tit *lieu i.he
lying by thr•tirc-power, as I 13 it'll to pick kr tip, but tit., A
giddy, I lit her fall again, I litliet•e."
The Prisoner was mitianded till Friday, , lieu the r
taker and his man, soil the two %10111C11 w I o laid the de.
Cruet' out, s. r 4 niderrit Io attend.
The w•ttnrlola until away tu allesa the Cer,•iier'a !figura,
summoned fur last isight

0,1 Tiitmdiv night the Theatre closed
with the couirilv of %he Achvvi for :scandal, for
the Item-lit ..1 Jr-. 11. SWOONS, 4.11
the I ouse fa/m.lrd to au ofeiNow ill every rot,

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