The Sun.
London, England, 1841-02-17 00:00:00

Is your mill close to Wimbledon Common ?
It is on the Common.
Are you a constable for the parish of Wimble-
dim ?- Y.s, Sir.
Were you at your mill in the afternoon of
Saturday the 12th of September ?—Yes, Sir.
Do you remember, about five o'clock, that
afternoon a gentleman's carriage driving down
the Common ?—This question was objected to by
the opposite Counsel as a leading question.
Did you observe anything before dark that
day ?—I saw a carriage drive opposite to Mr.
James Currie's, and there stop.
Where did that carriage drive to ?—lt stopped
there.
On the Common, or the road adjoining the
Common ?—lt was on the Common.
Is that on the edge of the Common it stopped?
—Yes, Sir.
Was that the only carriage you saw ?—No, Sir.
Tell us what other you saw.—l saw one on the
place of Earl Spencer, and one on the road that
leads from Wandsworth to Wimbledon.
Did you see it moving or stopping ?—I saw it
first stopping.
Did you see any one get out of either of those
carriages ?—I am not certain I did.
Did you see any person on the Common
shortly after ?—I saw two persons come from the
first carriage, and two from the second.
What did you see them do?—I saw them go
into Wimbledon parish, and one into Wands-
worth ; and from the other carriage, one went
into Putney, and the other into Wandsworth.
Is part of the Common in Wimbledon and
part in Putney ?—Yes; part is in Putney.
,Look at his Lordship at the bar. Is that one
of the gentlemen?—lt is, Sir.
Did you see anything more at that time?—
At that time I suspected that it was a duel.
Don't tell us what you suspected. Did you
see anything more ? Did you give any directions
t your wife? Don't tell us what they were.
t:
did.

What, then, did you do ? Were you after-
vards called by your wife ?—Yes.
What, then, did you do ?—I went in-doors and
cot my staff, and went to the gate.
What did you see when you came to the gate?
saw two gentlemen standing about twelve
yards apart, presenting a pistol at each other,
and at that moment they fired at each other.
Was his Lordship (the Earl of Cardigan) one
I those gentlemen ?—He was.
Did you hear the reports of two pistols?—l
ai(!, Sir.

TM you see any other gentlemen at the same
tlrr.t saw one previous to that standing under
Currie's hedge.
At the time the pistols went off did you see
ally other gentlemen ?—I saw there were four
gentlemen nearly together at the right hand of
'lll, gentlemen who fired.
110 Lord Cardigan his face or his back to
3 ol ;—His face.
Where was the other gentleman who fired
standing?—He was standing nearer to me, with
his back to me.

state what took place after they had fired
1 Olen made the best of my way to the spot, and
_;cond shot took place when I was about fifteen
yards to the left.
From the gentlemen who fired do you mean ?
._::'es, Sir.

How far was the gate of your house from the
spot where the gentlemen stood ?—Two hundred
:110 twe.rity-two yards.
And you saw them in the act of getting fresh
p;.,tois saw them getting fresh pistols. .
How was that ?—I do not know--being in the
act of running I did not see exactly what passed.
Who gave them ?—The two gentlemen who
'were acting as seconds.

W.?re those the two gentlemen you spoke of as
.k.tandii...z on the right ?—Yes.
Did y():1 see whether Lord Cardigan moved
from Ids place ?—Yes, he advanced forwards and
tnen drew back again.
By advancing forwards do you mean that be
,went towards the gentleman who was standing
cpposite to him or to-,va.rds the two gentlemen ?
Towards the seconds.
And then drew back to his original position?—
. _

'Yes. - _ _
You tell us you saw the pistols fired the second
thine ?—Yes.
Did you see whether any of them took effect ?
--I thought Captain Tuckett—l dirt not know,
b:m then—but I thought the gentleman, who I
know to be him, was wounded.
Did you see what the gentleman whom you
lliought was wounded did with his pistol?—No, Sir,
You did not see whether he held it in his hand.
or whether it dropped ?—I don't know. I beg
^-...-(iur pardon, I may have misunderstood you.
Did you gee whether the other gentleman, the
gentleman whom you thought was wounded, did
avything with his pistol when the second shot.
was fired?—l went up and took a pistol from
4..0rd Cardigan's .haz d.
Did you go up to th:, gentleman I—l did.
Sir WM. FOLLETT—yai have not got an an-
'r to your quest'on.
Mr. WADDINGTON—Did you see whether the
other gentleman who fired at Lori Cardigan did
ssnything 'with his pistol 7—l cannot imy what be-
.came of it. I did not see.
'Ton then went up to the partiei 7—Yes.
What did you do when you got up to
-01,-ia 7—l went up to the gentleman whose
was towards me, and putting my hand
ai;. his shoulder, said, " You must con-
yourseq in my custody for a breach
4)c t:,e peace, in the name of our Sovereign Lady
1140 Queen."
Was it to his Lordship you said so ?—lt was.
Bad he a pistol in his hand at that time ?
lie had.
What became of it ?—I took it from his Lord-
ship's hand.
Did you keep it in your possessian ?—I was
:reque3ted to allow them to be packed up in their
_respective cases. I did so, and put them into
two cases.
" .13y whom were you desired to do so 7---By one
•)f Ole gentlemen.
You -took possession of them when in the cases?
did.
How many pistols were th.re ?—Four, two
•eaces, and two in each case.
And you took possession of the whole of
thfun ?—I did.

by Lord Lovat, or Lord Byron; or.
Lord Ferrers, or the Duchess of Kingston. He
will have the advantage of having my most able,
!nd ingenious, and honourable Friend, Sir Wil-
liam Follett, in his behalf, on the facts and me-
rits of the case. This arises, my . Lords, from
the most admirable law your Lordships passed a
few years agii, by which in all cases parties accused
nave the advantage of addressing, on the facts, the
'tribunal which is to determine on the case. But
my Lords, notwithstanding the learning, and
ability, and zeal of my Learned Friend Sir W.
Follett, I know not how he can at all per-
suade your Lordships to an acquittal on any
one count of the indictment. He will
not ask your Lordships, and he would ask you in
vain, to forget the laws by which you are bound.
llfy Lords, Captain Douglas having stood on his
trial before an inferior tribunal, that trial had
been postponed by the Judges on the express
grounds that the same case should first be tried
by the highest criminal Court known in the
empire. You, my Lords, are to laydown the law
by which all inferior
.Courts are to be guided.
I would beg leave on this subject to read the
words made use of at this bar by one of the most
distinguished of my predecessors, who afterwards '
for many years presided with great dignity on
the Woolsack in your Lordships' house. I
mean Lord Thurlow, who, when addressing '
'the House of Lords in the case of the Duchess
of Kingston, made use of these expressions
—" ao desire to impress this upon your
Lordships as an universal maxim—that no
more dangerous idea can creep into the mind
of a Judge than the imagination that he is wiser
than the law. I confine this to no Judge, what-
ever his denomination, but extend it to all ; and-
np2aking at the bar of the highest Court of Jus-
tice, I make sure of your Lordships' approba-
tion, when I comprise even your Lordships. It
is a grievous example to other Judges. If your
Lordships assume this power of sitting in judg-
ment on the law, why not the King's Justices? Why
not the Commissioners of Oyer and Terminer?
f the!: do so, why not the Quarter Sessions?
Ingenious men may strain the law very far, but
to pervert it, and to new model it, the genius of
our Constitution says the Judges have no such
authority, nor shall presume to exercise it." My
i.ords, I conclude with respectfully expressing
my conviction that your Lordships' judgment
in this case, whatever it may be, will be accord-
ir,g to law and the justice of the case, and
that your Lordships will preserve that high
reputation in the exercise of your judicial func-
lions,'which has been so long enjoyed by your
Lordships' ancestors.
•
The Hon. and Learned Gentleman then bowed
to their Lordships, and was about to withdraw,
v, lien he again turned to the House and said—
Will your Lordships allow me to mention that
(.11 account of the sudden illness of my Learned
Friend (the Solicitor-General) he is deprived of
the honour of attending to-day before you
Lordships.
Thomas Hunt Dann was then called and ex-
amined by Mr. Waddington.
Are you a miller living at Wimbledon ?—Yes,