The Sun.
London, England, 1830-01-14 00:00:00

THE LATE FATAL DUEL.

After the fatal termination of the late duel in
Battersea-fields, in which Mr. Clayton fell, his ad-
versary, Lieut. Richard William Lambrecht, imme-
diately proceeded back to town, and went to
Wood's Hotel, where he remained for some time,
in utter ignorance as to the fate of Mr. Clayton,
whom he left wounded on the ground. In the course
of the evening, however, lie obtained intelligence
that his antagonist had expired; and, on being made
acquainted with the fact, he repaired to a part of
the town where his person was unknown. It was
while he was in this place of concealment, Hall, the
chief constable, and Pople, had pretty correct infor-
mation en the subject; and Mr. Lambrecht, con-
vinced that they were in quest of him, left the
neighbourhood hastily, and then proceeded to within
a very few streets of Pariton-square,and took up his
abode at a public-house. Here he remained until
he found that the conversation of the company who
frequented the room was entirely engrossed on the
subject of the duel in which he had been engaged.
Finding, therefore, that if he remained there much
longer his person must be identified, he also with-
drew from this house, and, from his own account it
appears, that he had wandered about the town, and
for the three nights preceding that on which he sur-
rendered himself, he had not lain down in a bed.—
At length, completely exhausted, he went into a
public-house on Tuesday night, and having drunk
some liquor there, he remained until he became
tipsy, and on leaving the place resolved on deliver-
ing himself up to justice. He then proceeded to
one of the new constables, and surrendered him-elf,
by whom he was taken into custody, and conneyed
to the watch station in the vicinity of Piccadilly,
from whence he was taken over to Union-hall, by
Hall and Pople, and placed at the bar yesterday
morning, before Mr. CHAMBERS, Mr. HONE, and
Mr. ELYARD, on the charge of having been con-
cerned in the wilful murder of the late unfortunate
deceased gentleman.
The prisoner, on entering the office, had all the
appearance of a person who had suffered from anguish
of mind and bodily fatigue. He is riot an ill-looking
man, though entirely blind of the right eye, which
is completely closed. It has been rumoured that
the prisoner is a native of the same country that his
unfortunate antagonist belonged to; this we find,
however, is incorrect, for the former has stated him-
self to belong to Portsmouth. As it has been also
reported that the quarrel which arose between the
prisoner and the deceased originated in some dispute
about religious matters, it may be necessary here to
state that the former is of the Protestant faith, and
that in his voluntary statement, which we give
below, he asserts that the meeting proceeded from
quite a different cause to that which has gone forth.
James Fisher was here examined, and lie deposed
as follows :—I am a police-constable, No. 97, letter
C. On Tuesday night, about a quarter before nine
o'clock, while on duty in Piccadilly near the Circus,
the prisoner came up to me and said, " You are
a new police constable, I presume." I answered in
the affirmative, upon which he said, " Then you
will do your duty, I suppose." On my saying yes,
he then said, " You have heard, I suppose, of the
duel in Battersea-fields;" and upon my answering
that I had, " Suppose," said he, " I was the princi-
pal now living, would you take me ?" I replied that
I would; and to convince him of it I told him that he
was then to consider himself to be my prisoner.
After this he said his name was Lambrecht, and that
he was the person who shot Mr. Clayton in a duel ;
he also expressed much sorrow for the unfortunate
occurrence. The) witness added that the inspector
was present in the watch-house when the prisoner
was there, and heard the conversation which had
passed. The prisoner seemed to be in liquor.
Henry Thomas examined—l am porter at Wood's
Hotel, in Panton-street, Haymarket. On Friday
last, in the morning of which the duel was fought,
the prisoner came to Wood's at half-past two o'clock
in the afternoon, and having stood at the fire-place,
had some conversation with a gentleman named
Sapps, who was sitting in the room, on which the
former said that he had fought a duel the same morn-
ing with Mr. Clayton, and expressed his sorrow that
it had taken place. After this conversation, Mr,
Lambrecht called me out of the room, and asked me
whether Mr. Clayton had come home. I replied
that lie had not, upon which he said, " I shot him,
and I am afraid he is dead."

Mr. CHAMBERS (addressing the prisoner) asked
him whether he was desirous of saying any thing on
the subject of the grave accusation now brought
against him. " You are not bound to speak unless
you please," said the Magistrate; "at the same
time it is my duty to warn you against saying any
thing that may tend to criminate yourself, as every
thing you state relative to this unfortunate event
will be taken down.

Prisoner—l wish to state what has occurred, and
I shall speak nothing but the truth ; therefore I am
under no alarm as to future consequences, knowing
that I am not so blameable as may be imagined.---
He then proceeded thus—" 1 was acquainted with
Mr. Clayton formerly, and saw him receive a horse-
whipping, which he did not resent. I mentioned it

to him on the evening of Christmas-day, and after
that he sent me a message, to which I returned
another by a gentleman named Odell. Mr. Cox
took up the matter of dispute nearly a fortnight
afterwards, and was my friend in the business. The
morning on which we went to the ground, Mr.
Byrne came up to me, and said, Is it come
to this ?' I immediately said that I had offered
a verbal apology, and, at the same time, ex-
pressed my determination nat to give a written
apology to any man. The message from Mr. Clay-
ton was brought to me by Mr. Odell, who, I under-
stand, strongly advised him not to fight, and that
gentleman refused to have any thing further to do
in the business, even absenting himself from the
ground when the duel took place. had previously
offered an apology through Mr. Cox to M-,
the deceased's second, to the effect that I regrette2
what had taken place—that the words which I ut-
tered were used in a moment of intemperance, and
that I was then most willing to apologize for the
expressions. This message 1 sent by my friend to
Mr. Bigley, who rejected it, saying, that the busi-
ness must proceed, adding, that nothing short of a
written apology would be received. The meeting
took place accordingly on Friday morning, and I
again offered a verbal apology, which was again re-
fused; and then the unfortunate occurrence took
place. After Mr. Clayton was wounded, I ran to-
wards him, and he stretched out his hand, saying,
I forgive you, my dear friend, I forgive you.' The
prisoner added, that he went to the ground only ac-
companied by his second, and he recollected having
seen either three or four persons with Mr. Clayton,
all of whom, with the exception of his second, re-
mained at some distance off, and out of view, until
it was over."

Mr. HONE—Did it not occur to you to have dis-
charged your pistol in the air, instead of firing at
your antagonist ?—The prisoner said, that having
offered a verbal apology to Mr Clayton, and that
gentleman refusing to accept it, he considered that
both parties were alike called on to stand each
other's fire. He was confident Mr. Clayton had
fired at him ; and under those circumstances, when
he saw that his antagonist aimed at his life, he also
discharged his pistol in the usual way.
Mr. CHAMBERS—Did Mr. Clayton fire first ?
The prisoner said, as far as he knew, both of them

_
fired together when the word was given. He con-
sidered that it would have been cowardly on his
part not to have fired at his antagonist, who would
not then have had an opportunity of having a second
shot at him, if he still considered that he had not
received full satisfaction.

Mr. CHAMBERS here remarked, that it was a most
serious business, and strongly recommended the
prisoner to prepare himself for the worst, declaring
it,as his firm opinion, the law would be carried to
the fullest extent.

The prisoner said, that he had ncted precisely in
the manner that any man similarly situated would
have done. He had served as un officer in the

army, and trusted that he had never tarnished the
name of a soldier; and let the result be what it
might, he should bear his misfortunes, although lie
deplored the event that had involved him in the

predicament in which he rras thin placed in.
Mr. CHAMBERS inquired what regiment he be-
longed to, and his rank. The prisoner said, that he
formerly belonged to the 43d, in which he was a
Lieutenant, and served with that regiment in
America, and afterwards at Waterloo. At the time
of the peace he got into the 3d Uarrison Battalion,
and subsequently into the Ceylon Regiment, from
which lie sold out.

Fisher, the police constable, said, that the pri-
soner had told him that the reason he sold out of the

Army was in consequence of his haring been tried
by a general court-martial for fighting a duel with a
brother officer in India.

The prisoner, however, denied the words attri-

hilted to him, saying, that could be very easily as-
certained of Sir Herbert Taylor that he had not
been obliged to sell out of the Army, but that ho
did it spontaneously.
Hall said, that •n the way to this office in the
coach, the prisoner was asked by Fisher at what
distance the duel was fought. The prisoner replied,
saying, "Mr. Clayton wanted to fight at 14 paces,
but I opposed it, preferring a distance of eight or
ten paces, adding at the same time that I considered
14 paces was a murdering distance, and I gave my
reasons, telling that gentleman, what I have always
believed, that the nearer you stand to your anta-
gonist the less likelihood there was of his ball taking
effect." It was ultimately agreed, however, that
they should fight at 12 paces. The prisoner upon
that occasion also said that Mr. Clayton had an nd,
vantage over him, his pistols having percussion locks,.
and those he brought to the ground being common
capped locks.

Mr. CHAMBERS alluded to the situation which
Mr. Clayton took on the ground, and said that it
had been asserted a white spar projected from the
wall, close to which the defendant stood when he
was shot.

The prisoner declared that he was not aware or

it, for at the distance he could discern no object.
plainly, it being nearly dark at the time. The de-'
ceased, he added, had his choice of the ground, and
if he considered that his position was unfavourable
to him, he could have easily changed it by express-
ing a desire to do so.

The examination here concluded, and the evie
dence of the witnesses, together with the statement
made by the prisoner, having been read over to
him, his commitment to the county gaol was then
made out, Mr. CHAMBCRS telling him that he
should be remanded until Tuesday, to give time for
the officers to apprehend the other person con-
cerned in the duel.

The prisoner was offered food previous to I►is
leaving the office, but he declined, although it was
said he had not taken any for a considerable time.

THE ECCLESIASTICAL COMMISSION.

The prospect of a reform in the Ecclesiastical
Courts is contemplated with satisfaction by all but
those who find its abuses a source of profit. Con•
sidering that these Courts originated in an impu-
dent usurpation of the Romish Church,—that their
forms of proceeding are at variance with the prin-
ciples of English law,—that procrastination and ex-
pence are so flagrant there, that even Chancery
practitioners point at them with the finger of scorn,
—and, lastly, that the costs in an ecclesiastical suit,
instead of being the necessary price paid for justice,
tue avowedly an engine of punishment, it would
seem that, instead of reform, total excision would be
the fittest remedy for the evils of a system of judi-
cature, which makes up in vexation what it wants
in power. Such a compendious process of reform,
however, would, under existing circumstances, be
inexpedient.

Some have augured no good result from the con-
stitution of the commission, which consists of ecele-
s'astical personages. Opinions may differ upon this
head. Such personages cannot be ignorant of the
vices of the system of our ecclesiastical judicature,
and are, perhaps, most competent to suggest reme-
dies, if they are sincere and honest; and they are
fully aware how closely their conduct will be watched
by the public. It shall be our business occasionally
to point out such matters as call for reformation,
with a view of obviating any relaxation of vigilance
on their part.
The reforms appear at first sight to have com-
menced rather inauspiciously, by a reduction of the
emoluments of the lower officers,--a procedure very
commonly resorted to for the sake of exposing the
principle of reform to public odium. In the present
case, however, the outcry seems unreasonable.
The reductions have been made by the express direc-
tion of an act of last session, which empowered the
judges of the courts of the Archbishop of Canter-
bury and the Bishop of London to carry into effect
the recommendations of a committee of inquiry in
the year 1823, whereby the fees of the various
officers of these courts were recommended to be re-
duced, and the emoluments of the inferior officers
referred to abolished altogether, for reasons suffi-
ciently cogent.

The individuals immediately aggrieved are the
assistant clerks to the clerks of seats in the Prero-
gative-office. The latter aro sinecurists, whose duty
is discharged by these assistant clerks (strictly
officers of the establishment), who are remunerated
by small salaries out of the authorized fees to the
principals, and by sundry gratuities which the as-
sistant clerks get for themselves. A proportion of
these gratuities were given as expedition-money;
but as they were paid whether expedition was used
or not, it was obviously a regular tax paid by the
parties who transacted business there. The osten-
sible reason assigned by the Commissioners for the
abolition of these fees was this :—" If the assistant
clerks," say they, " receive upon the whole no more
than is adequate to their services (which we are
not aware they do), the general effect resulting
from a habit, such as that of which we are now
speaking, must be this—that the assistant clerks at
the seats receive, by means of gratuities, from par-
ties, some portion of what they ought to receive
from their principals." The reductions, therefore
fall in effect upon the sinecurists, who have no right
to make the public pay (directly or indirectly) their
deputies for duties which they should perform in
person.

- The Act to which reference has been made (10
Geo. IV., c. 53) was passed so late in the Session,
and, if report be true, in se surreptitious a manner,
that its existence is hardly known. It authorises
the Judges of the Ecclesiastical Courts to establish
tables of fees, as recommended by the Commis-
sioners before-mentioned, and to regulate the duties
of the Deputy Registrars and Clerks of Seats; and
it provides that, in future appointments, Clerks of
Seats shall execute their duties in person. The Act
authoriaes additional court-days, and abolishes holy-
days, and it empowers the Court of Peculiars to
sit in the Hall at Doctors'-commons, instead of the
Vestry-room at Bow Church. Nothing in the Act
is to extend, or to be construed to extend, to the
charges or fees of Proctors. This is a grievous
limitation to the Judge's powers. It is to be hoped
that the Commissioners are not similarly restrained.
Times.

There are already fifty-four prisoners in gaol
for trial at the Spring Assizes. One of them is the case
of a son attempting the life of his father; and afterwards
making an ineffectual effort on his own life, by making
gashes in his throat, by a small knife.—Glasgow Chron.

Belvoir Castle, the princely seat of the Duke
of ItumaNn, has been the Scene of a succession of festi-
vities, according with the " olden time" of baronial hospi-
ta!ity. On Monday his grace's birth-day was celetuated by
a grand banquet, given to the Duke of WILLINGSOI , and
about forty noblemen and gentlemen ; and the sten ard's
room was occupied by his Grace's tenantry, tradesmen, and
retainers, who were supplied with wine, punch, and old
October, with an unsparing hand. The evening way
closed by a ball, in which his Grace's distinguishei vii or'
joined with AU affability truly delightfel.-r The Champi, n.

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