The National Register.
London, England, 1818-01-19 00:00:00

FRIDAY.

FATAL DUEL.—About half.past o'clock, the Court being eery
crowded, Mr. Theodore O'Callaghan, Mr. Charles Newholt. and
Mr. Thomas Joseph l'healan were brought into Court, and were
arraigned with the usual forms. The bill had been found by the
Grand Jury on the Feasting night.
Shortly. after M O'clock the Jude entered, and the prisoners were
putt.° the bar. There was a gloomy dejection upon their countenance:
such as became men who had been instrumental in the violent death
of a fellow creature. The indictment was then read over by the
Clark of the Arraigns, and it charged the prisoners with having tdo—
niously, wilfully, ::.nd with malice aforethought, murdered Edmund
Bailey.
. . _ .

. •
There were no CounA on the part of the prosecution. aQd
Justice Park having read over the depositions given at the public
office at Bow.street, called and examined the following witnesses :
William Adams, of England's lane, near Chalk-farm : his evidence
did not differ from that given by him before, the Coroner, which
will be found under the proper fluid in another part of our paper.
Mr. George Rodd. Surgeon, repeated the evidence which he gave
on the inquest.
Thomas II ,an officer, proved die apprehensionlof the prisoners.
George Neville confirmed the testimony of Adams and Wald, as
to the kindness of the prisoners towards the deceased.
The evidence on the part of the prosecution having been closed,
the prisoners were severally called upon for their defence. Neither
Mr. Newbolt nor Mr. Phealan made any defence; but Mr. O'Cal.
laghan, after having expressed his inability of speaking in public,
handed in a written defence, which was in the following terms :
" My Lord and Gentlemen of the .1 ury.—l never apprehended
that I should appear in a Court of Justice to answer for a crime, be-
cause I never had a disposition to commit one. My Lord and Gen-
tlemen, I have no other ob,ervation to make than to express my con-
fidence in your liberality and justice. and that you will believe me in
this solemn declaration, that no man alive, however closely connected
with the brave man now no more, could more Amply regret than I do
the unfortunate calamity which has brought me to this bar."
Mr. O'Callaghan appeared deeply affected.
Witnesses to character were then called on the Feta the prisoners;
and in favour of Mr. O'Callaghan were called,
Colonel Murray, who hail -known him since the year 1812, and
spoke in the highest terms of his character as a quiet, mild tempered
man.

Mr. 0 Connel, who had known Mr. O'Callaghan nearly all his life,
and Mr. Charles Stewart Radtbrd, deposed to the same effect.
On the part of Mr. Newholt, four witnesses appeared.--Mr. Robert
Baldwin had been intimately acquainted with his family for a great
number at years, and with Mr. Newbolt since the cessation of
for two years, and for mildness, humanity, and gentleman-
like conduct he gave him an excellent character. Mr. Caleton, Lieu-
tenant Thomas Burke, and Caputiu John Allen, confirmed this state-
went. _

For Mr. Phealam—Mr. Woods, who had known him for twelve
months, considerid him to be a humane, honourable, and kind-hearted
man; Mr. Baker, Mr. O'Brien, and Mr. Tubb, gave hint a similar
character. _

Mr. Justice Park summed up the evidence, drawing the distinc-
tion between murder and manslaughter, and pointing out with
great clearness, the peculiar features of the present case. lle dwelt
on the eircntustance of the parties having gone to the tield in the heat
of blood, before their irritation had time to subside. It was a great
thing, (he ohterval) to say of men charged with murder, that they,
were peaceable, mild and humane in places which exposed the bleod
to he heated, in military and naval offices where the blood wiw much
afloat, and where it was much more lik ly that they should bavelelt
sudden heat and fury of the mind. lle did not mention the several
witnesses to character, because he stated in the most extensive terms
that no men could stand fairer before the jury in point of character.-
The strew current of the times had set itself agaisA all laws, divine
and human. lle trusted God would direct their minds to give a just
verdict. The only alternative for them was to find a verdict of mur-
der or manslaughter. If they did notothink itmurder, they must find
it Mlll7 slaughter.
The.' nry retired fcr nearly a quarter of an hour, and returnetl wilh
a cerdict of Manslaughter against the prisoner.