The British Press; or, Morning Literary Advertiser.
London, England, 1818-01-17 00:00:00

Pitlt7F. SEVEN-rENcE:

1813—litNincr lmre a humane and excellent cll4.
rw ter.

AID. ltobt. Baldwin gate Newbolt an ex.
ctilrut character as tt 1111.111 am., ett,hi, and tu.e-t
strottlemately mats. and svai Title uvrl4lti that he
'rookd toot losvr gone odt to the IteILI but to pre-
vent mischurf.

churl" cioina, nn emiarist typ—rmstifler, said Le
iral tint Lorimar therr was n In lire °flirt r its his 'Ma—
's vice ONO LiCdt. Ntabult, ur a tuwe

walie man.
Lo• lit. 11111 l ars Burke bore *hillier testimony to
this tientlensass's character. lie affrays fousal hint
eitintig his - brother officers Mott reatlt to act as a
meditator in qtlarrehl, than a fomenter of thesis.
Ceptiin Aura, li.N. mine to town trout Iprwitlt
to near tistintony to Lieut. Newt...les elariractes.
lie
.iy 11W highest terms of lirese.from lots
knowledge of liirvormlact While *erring stink; him
its Its Ilirderty!salip•74/04,in ludia.
Several witireiraes of great respectability, Rote
Mr. Phelan a molt excelleut Character, and di--
icribed him ils a man of the most boorsorable
and of the mildest, riacetest, Mid hest tem.
;yard dispositiois. No Mao. they said, could tit
every respect bear a bolter 'character.
Several other witatesses to character were in Wen•
dance, but the Caramel fur the Privouets saw 1140
utbessity of calling theta.
Mr. Justice PARK then summed up the evi-
dente to the Jury. In laying drivim the law as soo-
plicable to the charge against.. the Prisoutrs, he
said, that the crime of murder cowiisted in a fe-
lonious killing, with malice aforettiong:it. This
malice might be 'either expresed or implied, ac-
cording to the circumstances of the case ; and so
tender wits the law on this point, that all lio-
micidts were supposed to be futitaird on nialict
unless the containy should be tauuly sbewss by
evidence. The law, however wistly provided va-
rious extrionatimis of the Act according to its Ott-
tore and complexion, and it was Isis painful duly
to lay down the la* fur the informatiou of the
Jury—it hecat»e alieolutely tiecesa try that 11114
should be promulgated as applicable to what wilt
termed duellitig—not only that the three most re-
spectable men at the bar (as they were Proved to
be), but all others of his Majesty's subjects should
be aware of the dreadful jeopardy iu which they
were placed by involving themselves io transactiowl
of this description. The law fur centuries bast
laid down that there was no occasion to *hew
malice, further than to prove a sithherate in-
tention on the part of the offender to do bo-
dily harm. in duelling, malice woe always sup-
posed to Ire expressed, not implied. Lord 1-I.ele, one
of the greatest lawyers and best Olen of his time, hail
hilly and properly stated, that, Gs if A. and 14. sod-
denly fall out awl go anti light with weapons take,.
up at the moment, and kill each other, this is nut
murder, because it is supposed to be a continuance
of the quarrel while the blood has no time to cool.
But if they appoint a future time, which admits of
their having an opportunity of cooling and reflect.
Mg, then there is a deliberation, nod the crime be-
comes murder." Sir Edward Coke laid down :ors -
cisely the sante ducts sue, awl Mr. Justice FIII•iti"
said, " Let it be 'observed that in all possible cases
deliberate homicide. on a principle of revenge, 15
murder, rm. uo 111411 wider the protection of our
laws should he the avenger of his own wrung ; so
duelling is considered, its the eye of the law, miirdei.
fur all duels spring from a principle of deliberate r..
veioce." The same doctrine bad been delivered 1.)
Of years ago by a Judge, now no more, in the Court
of King's Bench, and delivered fur the purpose of
preventing the fatal practice of duelling, whirl) a
punctilio of false honour has engendered. This
notion of honour, as it was miscalled, was itu enem.
for the practice, for he who seeketh the life of
another, does that which no law, human or
will justify. Mr. Justice Foster proceeds to inalt.r
a great distinction in cases of this kind, for
lie says, " but if, on a sudden quarrel, the polo.
ties fetch their weapons, and go out to fight
at the moment, then, if death arise, it is °illy
nianshisighter. The Jury were bound to mea-
sure the Lase according to the particular facts di:.
closed in evidence—How, as affecting the Prisoners,
they li.stl no Whams:dns whatever as to the time
of their original quarrel, it might have been
but it moment beinre they fought, sir late the
night below at a tavern, a theatre, or the !Oki.
and they might Salt his•T separated until they
went out in a state of irritation to the field. It
itas quote clear that the deceased tell by Etat-
laglosio's hand, ant indeed front Hay actual tr idreu•Pt
as to allot posed on the ground, hit from ;shot
wits subsequently confessed by the party himself
anti the others in 1I r. Adams's linwc. In all ciozei
of duelling (as in murder), the accusal-, and who-
ever were aiding and abetting iii the act, care cot. -
soder:l by the law as pritiripals, anal be the ewe
murder or utalishingliter, they were alike involved sit
one common puissobintsit. The unfortowite Ceo-
tlemen at the bar all appeared to be mast of dose
highest and best character, front the testimony of
those who knew them losigeet and bast. They wets:
all friends, &nod the Jury knew that when quarrel.
took place among acquaintances, the sillies ftt.
It tend were snore derete and wore likely to initviikt:
itionortsittry atitinom ty than those of a dill rein pet -
son, in wiwse opinion We are out su snitch noterested.
Titre was 110 appearance 111 11111. CAP' of ohm is
called " foul play" in the 'align/go: of duelltst•,
and the deceased made mu 4:inapt:mit whatever tot
the coodsset of the parties, at the time—on the con-
trary, lie says it. was fair, and O'Callaghan con-
ducted himself towards the dying snail as wet
as a MOH possibly mould in his usifortnioale sit.o-
;Mori. lie had already untitled to ti r tit.-
racter of the Pritetiers, NIA Ilan Has one of noose
casts in which character was esitirlo d to greet
weight—in a case of stealing st mould be tuts e to)
may that the thief was a hismaite mar, l,nt in a
charge of inurder, a character for noloinetai awl
humanity (awl all the Prosuot rs bail as,, tit Ws,
greater coostspiesice us chewing the totes t .iis of Use
It %s.ta to be Lititeisted that itutletuili