The Sun.
London, England, 1853-03-22 00:00:00

they started that the prisoner Morn et had something like
an umbrella wrapped up in his cloak.
Margaret Perkins—My husband is a labouring man
at Egham. On the morning of the :19th October I was
going across the Englefield-green about twelve o'clock,
and when I came to a place called Priest's-hill I saw six
gentlemen, who were apparently foreigners, standing
together. They then all came out into the main road,
and, after they had taked together a short time, they
went towards Priest's-hill. The four prisoners were of
the party, and the deceased also was among them. Two
of the party went into a field, and I heard a whistle,
and the rest of the gentlemen joined them in the field,
and I observed them cross another field, and then I saw
nothing more of them. I saw the deceased soon after-
wards at the Barley Mow, and I recognised him as one
of the party.
William Herbert said—l am a labourer, and reside at
Barham, in Berks. On the 19th October I was in the
neighbourhood of Englefield-green, near Priest's-hill,
when I heard several foreigners talking in a meadow,
and I stopped to listen, and in about five minutes I
heard the report of a firearm. I only heard one
report, and then a man halloed, and I saw a man
come up the hedge into the road.. I cannot recog-
nise either of the prisoners as that man. A medical
gentleman named Hayward came up, and I accom-
panied him and one of the foreigners into the second
meadow, where I saw a man lying upon the ground, who
was bleeding from a wound in the side, and the prisoner
Allain was endeavouring to sop up the blood. I wished
to carry the deceased to the Barley Mow, at Engle-
field-green, and Allain and Mr. Hayward accompanied
us there.
By Mr. Chambers—The prisoner Allain seemed very
sorrowful, and to be in great distress of mind at what
had occurred.
Mr. Hayward—l am a surgeon, and reside at Egham.
I was passing up Priest's-hill on the 19th October,
about a quarter to one o'clock, when the prisoners Mor-
net and Barthelemy came up to me. A third man was
with them. One of them asked me the road to Windsor
in broken English. When I got to the top of the hill,
a third foreigner ran from the field into the road. The
person was Barronet. He asked me to accompany him
to place where, he said, his friend had been wounded by
a bullet. I belie've he had been told before that I was a
surgeon. When we got into the second field I saw
Cournet lying on the ground, and Allain was attending
to him. I saw that he was wounded on the right side,
and that there was a corresponding opening on the left.
The deceased was removed to the Barley Mow, and in
about three-quarters of an hour Barronet went away.
The prisoner Allain remained until he was taken into
custody. I stayed with the deceased until five o'clock
in the afternoon. The three men I first met came in the
direction from the field in which the duel was fought. I
saw the body of the deceased after death, and ascertained
that his death was evidently occasioned by being shot by
a pistol ball.
By Mr. Chambers—The three men were at least 150
yards from M. Barronet. He did not tell me what was
his object in going to London.
By Mr. Parry—Allain appeared in great distress of
mind. He talked of M. Cournet as an old friend. The
deceased died about six o'clock. He appeared to be
very much devoted to Allain, so long as his senses re-
mained, and I never saw more real feeling than was
evinced both by Allain and Barronet.
Charles James said that he met three foreigners on
Priest's-hill on the morning in question, and they told
him that there had been an accident, and asked him
where they could get a cab or some other conveyance.
Two of the men he saw were Mornet and Barthelemy.
By the Court—Priest's-hill was about three miles from
Windsor.
Mr. John Madigan, the station-master at Windsor,
deposed that on the morning of the 19th of October, he
was in the office prior to the starting of the half-past
two o'clock train for London, when he saw the prisoners
Mornet and Barthelemy and another man, who also ap-
peared to be a foreigner. Mornet carried his cloak with
something like a sword wrapped up in it. These three
men took their seats in a second-class carriage, and in
about five minutes Barthelemy came to the station, and
he walked along the train and looked into all the carri-
ages, and then he changed his ticket, which was a
second-class one, for a first-class ticket. After the train
had started, he received a communication to the effect
that a duel had taken place, and he sent a telegraphic
message to London by the Great Western Railway, and
on the same evening Barthelemy, Barronet, and Mornet,
were brought down to Windsor, and he recognized them
as the persons he had seen in the afternoon ; and he ob-
served to the policeman that in taking Barronet they
had taken the wrong man. He thought at the time, by
his coming to the station after the other three, that he
had nothing to do with them.
John Underwood, a police-constable, proved that
upon the receipt of the telegraphic message by the Great
Western Railway, he stationed himself on the platform
of the South-Western Railway upon the arrival of the
3.25 train ; and in consequence of the description given
to him he took Barronet, Barthelemy, and Mornet into
custody. The two latter got out of a second-class car-
riage, and the other prisoner came up to them, and he
did not see where he came from. The clothes and shoes
of all the prisoners were very dirty. As they were
going towards the Tower-street police-station, a fo-
reigner who was standing in the Waterloo-road came
up to him and offered him a sovereign if he would let
his friends go. He told him he could not do that, and
Mornet was then about to hand his cloak to some per-
son who was following him, but he took it away from
him, and found two swords wrapped up in it.
John Noble, a constable of Windsor, proved that
from information he received he put the telegraph in
motion, and afterwards proceeded to London, where he
found the prisoners Barronet, Barthelemy, and Mornet
in custody. and he conveyed them back to Windsor.
He found sonic percussion caps in the possession of the
prisoner Barronet. Upon the prisoner Barthelemy being
s:arched two right-handed gloves, both of which were
split across the palm, were found in his possession.
Mary Day deposed that she was called into the Bar-
ley Mow to lay out the body of the deceased, and she
found a bullet in the bed.
Mr. Biddlecombe, the superintendent of the county
police for the district, said, that from information he re-
ceived, he went to the Barley Mow public-house about
six o'clock in the evening of the 19th of October. He
found the deceased quite warm, and apparently just
dead. The prisoner Allain was sitting by the side of the
bed. A gentleman who was in the room told him who
witness was, and he pointed to the deceased and said,
"My friend." Witness assisted in undressing the body,
and saw that a bullet had passed through the clothes of
the deceased, and also completely through his body.
He likewise found the half of a railway ticket, from
Windsor to London. He took Allain into custody, and
found in his possession a powder flask, nine bullets, a
quantity of copper caps, and a seal, all of which articles
he produced. He likewise found upon the deceased a
passport in the name of Bouquet. Witness was present
at the magistrates' office when the prisoners were under
examination, and upon one occasion Barronet and Allain
handed in a statement, which they afterwards signed.
Mr. Locke was about to put in the statement as evi-
dence, but Mr. Chambers objected to this being done
until it was shown that no inducement or threat *was
held out to the prisoners before they made it.
Mr. Edgell, one of the magistrates before whom the
inquiry took place, was called as a witness, and he
stated that when the prisoners expressed the desire to
make the declaration, he cautioned them in French, and
made them distinctly understand that by the law of
England they need not make any statement unless they
pleased, but that if they did it would be used as evidence
against them.
The statement was then given in evidence. It was to
the following effect :
" Whatever may be the consequences of the severity of
the English law against duelling, of which I was ignorant,
I declare that I was the second of M. Cournet on the nth
October ; that the obligations of sincere friendship I enter-
tained for him would not allow me to refrain from accom-
panying him in this fatal rencontre. He was my best
friend ; I had found so many noble qualities in him. I did
all I could to avoid the rencontre, but I had to obey the
laws of honour, friendship, and the customs of French
duelling. Were Ito pass the remainder of my life in pri-
son, I would never disclose the name of the person who
was the adversary of M. Cournet. Now that I know the
English law, honour forbids me from mentioning the name
of an antagonist, if he cannot or will not do so. lam a
prisoner, but I will never quit a prison by making a decla-
ration which is repugnant to my character and habits.
(Signed) " BARRONET."
The following statement, made by the prisoner Allain,
was put in :
" I adhere to this declaration, and it is quite in confor-
mity with my sentiments. (Signed) "ALLAIN."
This closed the case for the prosecution.
Mr. M. Chambers then made a most eloquent speech
to the jury on behalf of his client, Barronet. He com-
menced by declaring that his learned friend who ap-
peared as the counsel for the prosecution had, in his
opinion, not correctly stated the law in reference to the
matter now under inquiry, and that he had wrongly de-
scribed it as stern and cruel, for such it must be if men
were to be convicted of murder under the circumstances
had been detailed in evidence that day. The law of Eng-
land, on tho contrary, was merciful, and made great allow-
ances for the infirmities of human nature, and did not re-
quire from mankind more than mankind was capable
of performing. The law of England also mercifully,
considered that foreigners might be ignorant of the cus-
toms and the laws of this country, and, therefore, gave
them greater privileges than were conferred upon
Englishmen upon that supposition. What, then, were
the circumstances of the present case ? Here were four
unhappy exiles from their own country, a portion of a
great number of others similarly situated, who had been
flirted to seek a shelter and asylum in England, charged
with a most serious offence. He would observe that
thise
was the first charge that had been made against any
thse men•of having made a breach in the law of the
countryin which they were sheltered, and he could not
help remarking that it appeared to him that this was
they were
t h e
present
very muchotffeenceeir honour. The prisoners were charged
wefhtemautrdthe upon the supposition that
duel, but lie denied another person was killed in a
, and contenpdaersttlwethfati it was necessary to
sufficient to support
such a charge
show some malice on the
Surely, he said, there ought to be stel:Tle ep e
distinctionrso n s ac c
tsaedde
.
between the seconds of then artaynd
iof wthaeskilled, and
the seconds of the party killig ;
law did not
make such a distinction, he thought the jury would do
so. He asked them if it was accordingss common
sense or humanity to convict a murder a man who ached
as second to another, who was perhaps his dearest friend,
if that man happened to be killed, when it was perfectly
clear that the second had no intention whatever of
kill-
ing him, but that, on the contrary, his death was a
source of the utmost grief and misery to bin, it
cluseslr''sible man
013. They
theto msuienhd
aiofeena
Navpopu earedl
d
ti hint
otmh iant g
were called upon to brand as murderers men who
had only done what had been done on many other
occasions by persons infinitely above them in station

--