The Sun.
London, England, 1830-10-08 00:00:00

OLD BAILEY.-(THIS DAY.)

TRIAL OF CAPTAIN HELSHAM FOR MURDER.
The Judges (Mr. Justice BAYLEY and Mr. Justice
BosaxQuvr) took their seats in Court precisely At ten
o'clock, when Captain Helsham was placed at the bar.
The prisoner was dressed in a black frock coat and black
trousers ; he is a very good looking nun, and appeared

pe► fectly composed.
Mr. GURNEY, Mr. CHARLES PHI Lir% and Mr.
CLAREQON conducted the prosecution ; Mr. ALLEY, Mr.
Ann'Altus, and Mr. BonKtx are the prisoner's Counsel.
The witnesses on both sides were ordered to leave the
Coot t.
Mr. Guaway stated the case for the prosecution. The
prisoner (the Learned Counsel said) was a native of Ire-
land, and an officer in his Majesty's service. Lieutenant
Crowther was also an officer in the service of his Alajesty
—previous to the melancholy affair which terminated so
fatally the prisoner and the deceased were strangers t,l
each other. From some cireumstinces that had come to

the knowledge of Lieut. Croekher's friends, they had
thought it their duty to institute the present prosecution.
Mr. Gurney then stated the facts of the ease, as afterwards
deposed to by the following witnesses :
Wm. Cookson examined by Mr. C. PIMA:APS—I five
at Boulogne on my own property. On the Ist of April,
1829, my attraction was attracted to a concourse of people
going towards the Column. I saw Cipt. Ile!sham and Mr.
Mulony on the ground. I also saw Mr. Grady, Doctor
Dunan, anti Lieut. Crowther. There werea number of other
persons present. After some time I saw Mr. Maluny
beckon to Lieut. Crowther to come tip to him. Mr. C.
was then about 100 yards off. Mr. Grady, at this time,
was standing at the side of Captain Ilelsham. lam Mr.
Malony put a pistol into Lieutenant Crowther's hand, and
soon after I beard the pistol go off. I turned my attention
to Captain Ilelsham, and addressed him.
Mr. Justice BAYLEY—We cannot hear what was said.
Witness continued—l observed to a friend of mine, that
was present, that Captain Helsham was standing with his
arm stretched out. Shortly afterwards the Captain's
pistol went off, and Lieutenant Crowther instantly fell. 1
ran towards him, but he was nearly dead ; the ball had
entered •the right side of the neck. The neck was exa-
mined, and it was found the ball had passed right through,
I supported Lieutenant Crowther's head until Dr. Duncan
came up, and then assisted him to a carriage. I did not
see him die; but saw him dead in about half an hour.
after he was cart ied from the field. There cats be no doubt
of the cause of death. Captain lielsham, after he tired,
walked off the ground. I heard him tll his servant to
carry his pistols home. I did not ace Lieutenant Crowther
take nny part in the transaction until he was beckoned by
Mr. Malony.
Cross-examined by Mr. Anot.ruus-1 have lived at
Boulogne three years. I have 'not seep any other
duel there ; I was in the town when the parties
Went out ; they were accompanied by a great con-
course of people. The Column is about one mile and a
half from the town. I did not know what was going for-
ward, but there appeared a general excitement I did
not see Lieutenant Crowther give a pistol to Captain
Heisham. The parties were on the ground when I got
up. I was not near enough to hear whether there were
, any words given to regulate the parties firing. I cannot,
, therefore, say whether Lieutenant Crowther fired before
the words had beer given. I was examined on this tub.
ject before the Mayor of Boulogne. Several other people
were also examined. Mr. Malony was present at the exa-
mination. Captain Helabarn was not then in custody.
I have heard that he was apprehended afterwards, but do
not know it of my own knowledge. _ _

By Mr. Justice BAYLET--1 was about 60 yards from
the parties when they fired. I said before the Magistrate
that I was 200 yards, but I have since measured the spot,
and find it is only 60 yards. There were from twenty to
thirty persons on the ground when the duel took place ;
it was between ten and eleven o'clock in the morning.
Mr. William Hopkins examined by Mr. CLARKSON—
I resided at Boulogne in April last year. On the Ist of
that month my attention was excited by a crowd on the
Calais road, near the Column. My house is near the Co-
lumn. The last witness was in my company at the time,
and we went towards the Column together.—(This wit-
ness here gave a similar account of what occurred, as had
been detailed by the preceding evidence of Mr. Cookson.)
Witness continued—There was some time elapsed be-
tween the firing of Lieut. Crowther's pistol and the firing
of Captain Ilelaham's, sufficient to allow me to make an
observation to Mr. Cookson ; after Captain Helsham
fired, I went towards him, he looked very pale ; and I
heard Mr. Grady say to the Captain, " I ant afraid you
have killed him." He replied, " Oh, God, I hope not !"
I afterwards heard Capt. klelsham say to his servant,
" take care of those pistols, I do not recollect any other
words being used.
Cross-examined by Mr. Bonittn-1 have been present
at other duels ; I was notsure when I went to the ground
that a duel was to take place. I saw some of the persons
that I have named pass in a carriage ; there were two
carriages, and several persons on foot going towards the
column ; Mr. Grady appeared to me as if he was acting
as the friend of Captain Helsham ; I saw the ground mea-
sured, but I do not recollect by whom ; the person who
measured the ground took springing steps, as if for the
purpose of making the distance between the parties as
long as possible. I do not now recollect the number of
steps ; the parties ultimately stood about fifteen pulls
asunder, more or lee,; I did not hear any signal given,
therefore cannot say whether Lieut. Crowther fired before
the word was given, but he raised his arm, and the pistol
went off almost immediately, after he hatlrhecemeiv,eittil duty it
isl
was examined at Boulogne before the Judge d'lnstruction,
who is one of the officers of the Court, w
to take evidence, and forward to the Attorney-General for
him to judge whether there are any grounds for ulterior
proceedings being instituted. I was examined upon oath.
Mr. Malony was present, but I do not recollect that he was
examined. Captain. Brigham, I believe, at this time was
at Dunkirk. I was required by the Judge before whom I
was examined to state all that I knew shoot the transac-
tion, which I stated was written down, and I afterwards
affixed my signature to it.
By a Juror-1 am not a military man. lam a pro.
prietor of houses at Boulogne.
By Mr. Guaner —I did not see any of Lieutenant
Crowther's family present during the examinations at
Boulogne. The witnesses were examined separately.
By the Jonox—After Lieutenant Crowther came up
there was no conversation between him and the prisoner.
The other parties, Mr. Grady, Mr. Malony, and Captain
Ilelsham, had been on the ground about ten minutes before.
Lieutenant Crowther WAS beckoned to come up.
By a Juror —Was there sufficient time between the
firing of Lieutenant Crowther, and the firing of Captain
llelsham, for the parties to have interfered if the prisoner
held his pistol unfair ? Witness—No ; unless it bed
been done by a call.
Mr. Justice Ilaysvr —Then it might have been dnne ?
Witness—The parties were at a considerable distance from
each other.
comTllntempartivsoinlevrir
aresebaect.ame much affected, and was ae..
Mr. Malony examined by Mr. GURNEY-1 am an officer
in the stWDragoon Guards. I was at Boulogne in April
last year. I was acquainted with the late Lieutenant
Crowther. In the month of March be consulted me re.
spectiag something that related to him personally. In
consequence of what he said, I went to liable Hotel, to
meet Mr. Grady. Before Mr. Grady arrived at tlolt's
several other persons came, amongst whom were Colonel
Conway and Captain Ilelshatn. When Captain Hellbent
came, he told me that Lieutenant Crowther was not s tit
person for him to apologise tour to fight, as he had been
horse-whipped some time back. He could not, therefore.,
as a gentleman and as officer, consent. I asked him to
apologize for making use of such an imputation. I told
him that Liestt. Crowther assured the on his honour that
it was false. The Captain replied that the assertion of
Lieut. Crowther would not be attended to. I understand
that Capt. Helsham had made use of this expression to-
wards I.ieut. Crowther at the time he was a caniitlate to
be adtnittA iota a club. It was asked use, in the pri-
soner's hearing, fur what purpose I carne ; and Captain
Helsham said that I had come to deliver a hostile mes-
sage. I said that I came there as a messenger of peace,
which I should be most happy to establish between the par-
ties, and I said whether I was instructed to delivers hostile
message or not, I had not done so, and therefore no per-
son bad a right to ask me my intention. I renewed my
endeavours to effect a reconciliation, and get Captain Hel-
sham to apologise. I was asked what I wanted, and I
replied, an apology, upon which the prisoner started up,
and took two struts across the room, and said, " An apo-
logy, Sir, an apology is nonsense." I then delivered a
message that if he would not apologise, Mr. Crowther ex-
pected he would meet hint in the field. Both Colonel Con.
way and Captain Helsham repeated that be should neither
meet him nor apologise until he had cleared up his character ;
it regarded what Captain Helsham had charged against
him. A long conversation ensued between us, whether
or not it lay upon Lieutenant Crowther so to do, or whe-
ther the prisoner ought not to rove the truth of his
charge. We could not agree upon the point. I said, if
you will not consent either to apologize or fight, you will
be obliged to do one or the 'other, and therefore he had
better not drive matters to an extremity. Captain Het-
sham said he was willing to fight me. I replied, I am