The Sun.
London, England, 1806-04-19 00:00:00

DUT:'LLING,

COIIK.,..APRIL 1 t Saturday last, at -the,
Counfy Couri-Hoes, JQsEEI-1 KELLY; ES. (I.•Ciiplail)
atiS Paymaster, in His IVajesty'S. Regiment of
Foot, charged, with having shot, in- a duel, Captain-.
HA piisos, Of the same
.degiment; was tried before
Judge MAINE: Rumo•ar and misrepresentation had
so strangely - pet verted the-- fads of the melancholy
transadidii that occasioned the trial, that -a very ge-
neral interest was excited,- and the Court was, at an.
early hour of the day • unusually crowded. It ap--
pearedfrom the witnesses for the prosecution, that
the Prisoner and the deceased had lived in habits of
intimacy, and of the most cordial intqeourse, and
were residing in the same house at the time the un-
fortunate dispute occurred.
On the day preceding the duel they dined together,
and indulged- a little beyond the bounds of strict
temperance in wine. The Prisoner returned home
at night to go to bed, and having asked the servant
of the deceased for a candle, he received some short
and .unbecoming answer,' as lie conceived,. which,
.as the servant was a private soldier, so exasperated
him, that
.be proceeded to chastise him on the spot.
The Prisoner WaS so anxious. that the deceased should'
• not receive any unkind
,impressions of the transac-
tions from the servant'sstatement,- that he :was in
the a& of writing a note to 'request that Capt. HARRI-
SON would not attend to what the servant might say
until the morning, \Olen the latter entered the house.,
captain KELLY then related the transaction, and
Captain HARRISON thought it proper that the soldier
should be present, whom he called for that purpose.
This excited some warm expostulation, but exercised
on both sides in terms of rather. a cordial nature ;
till at length Captain HARRISON having got *up -to go
to his room, and hdving got into the passage, Capt.
KELLY interposed, to retard his going to bed until,
the forther,,wouhl listen to the fads of 7 the tr. ansae-,

tion, Which "he was earnest, to impress. upon. his
mind. In the effort to force past Capt. KELLY,
unfOrtunately, while in the ardour, of rwionstratice
they held each other; Capt. HARRISON'S foot slipped.
near the•stairi, and both fell. When Capt.. HARRI-
SON rose, be told Capt. KELLY 'that he was the first
him. that had ever struck him—a charge which. the
other immediately', arid in' the most earnest manner
protested against With the warmest asseveratiOu.

- The deceased having written a note ,to a, Field'
011-icir of the Regiment to attend him as a Second in
the morning, he,shewed the note to the" Prisoner,.
'who, on reading it, again protested that he had not
- struck him. - The note was, hoWever,' sent by the
deceased that night. In -the'morning...it appeared
from the cross examination of one of the witnesses,
-for the prosecution, that 'Capt. KELLY sent to the
-deceased, to say that he would make him any apo-::
logy tht.he required, which was refused on the
part of Capt, HALtaisoN, and his .challenge to the
Prisoner 'was delivered in form. Unfortimately,
there was no superior authority exercised to prevent .
those Gentlemen from resorting to the last rigour of
the point.of honour; they both met," attended by
'their seconds; about fourteen yards were -measured
for them : they fired at the same instant, by signal,
and as momentarily after the signal was made as it •
was possible,
.and unfertunatelyCapt..H. fell, 'mor-
tally. wounded. The agitation and 'despair of the
Prisoner on the melancholy event was proved, even
by the soldier who had been the cause of this

understanding, and,Was the principal witness for the

prosecution.

It appeared; that during.the interval between the
event of receiving the wound and that of his death,
Capt. HARRISON sent to the Prisoner for various ac-

conirnodation, as. he had been used to do—and so in-

timate and friendly had Weir intercourse b\een, pre-
vious to the.duel, that at the time of-that unfortu-

nate affair the deceased was indebted to the Pri-

•
'sorer in a large sum Of money.
The Prosecution being closed, one witness, only
was examined on the defence,' who had been pre-
sent at the original altercation. This man.swore,
that Capt..Kgm.Y had not struck the deceased.- A

number of witnesses; of the first charader and re.-

spe&ability, who had known Capt. KELLY from his
infancy, gave evidence as to his cheerful, peaceable,
and inoffensive character..

The Learned Jude, upon 'the evidence of both'
sides being closed, stated, with considerable perspi-
cuity and distindriess, the law, distinguishing Komi-
cides that are 'felonies from those that are justifiable
or excusable, and atthe-same time applying the gene:.
ral principles of law to the case then before the Jury.
The Jury, with little hesitation, brought in a verdict
of !.f Manslaughter in his own defence.", This,
however-, 'being in the nature .of a special verdid,
the distinOion -between 4 general and a special e'er-
diet ini criminal cases was- explained by. the Court ;
whereupon the Jury, without quitting 'the box, sub-
stituted a verdict officinal tal.

Died on-Thursday, at Dalston,safter four days ill-
ness, the eldest Son ofiVlr. P. FAVENC.

7 EXCISE-OFFICE, BROAD-STR ',-I.,:T.'—lresterday a
Board of Commissioners was held to deterrniixe nu,
merous cases breught before then, among which Se-
feral infbrinations were against persons selling spi-
rims liquors hod malt-liquors in diflerent prisons,
by retailovithout being duly licensed, as injurious to
the Revenue. 'They were "severally convicted in the
penalties of forty shillings, with costs ; other.. were.
convicted in the penalties of- 51. each, for having'raW,
coffee in their possession, pot having permits,tbr the
same. The goods were .forfeited.
A foreigner, whose travels in the immense wil-
derness of America we have frequently had occasion
to notice, has discovered a species of animal which.
is likely to'bccome.a great,favoMite among our fe-
male zoophilists, and may; perhaps, in futoire„ banish
the lap-dog from the drawing-room and the bed-
chamber. It is a native of the Moesa in the Po'payan,
and is called the LeOnina. It is only seven or eight
inches in length, has a crest like a lion, is of the
colour of.the fallow-deer,' With a white, spot apon
the nose. Although a quadruped,. it has the singular.
accomplishment of whistling like a bird; and pro-
bably this animal has the larinx in the form hitherto
supposed to be peculiar to the aerial tribe. In many
.places it has-become domesticated; and, in gaiety
and activity, it much resembles,the.monkey species,
.to which 'it. probably belongs.