The Sun.
London, England, 1841-03-04 00:00:00

(NEW COURT.)

(Berore Mr. Just ice WILLIAMS and the COMMON SERGEANT. )
TRIAL OF CAPTAIN DOUGLAS.—Captain Douglas, accorn •
panied by several military friends, entered the Court at half-
past 10 o'clock, and surrendered himself into the custody of
Dlr. Cope.
At I t o'clock Mr. Justice Williams came into Court, when
Captain Douglas and two of his friends entered the dock. Some
delay, however, was occasioned by one of the witnesses (Sir
James Anderson) not being in attendance.
Inspector Busain said he had not served Sir James An-
derson with any fresh notice of trial since the last sessions.
He had not seen him this morning. Shortly afterwards Sir
James arrived.

The case of the " Queen v. Douglas" having been called on,
Captain Douglas and two of his friends advanced to the bar.
Mr. Justice WILMA AIS—I see, prisoner, that yeu have
some friends in the dock with you. Is it your wish that they
should remain ? •

Captain Douglas—lt is, my Lord.
Air. Justice Wiwams—Then I see no objection.
The Clerk of the Arraigns then read the indictment. It
charged the prisoner, John Douglas, with having, on the 12th
of September last, in the parish of Wandsworth, fired or as-
sist, d to tire, a loaded pistol at Harvey Garnett Phipps Tuckett.
In another count he was charged with intent to do him some
bodily harm. On being asked the usual question, Guilty or
Not Guilty,
Captain Douglas replied, Not Guilty.
Mr. Thesiger, Mr. Wrangham, Air. Adolphus, and Mr.
Bodkin, appeared for the prisoner. No counsel was engaged
for the prosecution.
[The witnesses called were the same as were examined upon
the late trial of Lord Carrigan in the House of Lords ; and
their evidence was merely a repetition of what was given by
them on that occasion. It may be
,remarked that not one of
the witnesses could swear to the identity of Capt. Douglas.]
The case for the prosecution having closed,
Mr. THESIGER rose, and was about to address the Jury for
the prisoner, when
Air. Justice WiLLIAMs intimated that it was unnecessary.
After a short consultation with the Common Sergeant,
Mr. Justice Wiwasis said—Gentlemen of the Jury, when
the case was first called on I was very much surprised on
being informed that no Counsel was instructed in support of
the prosecution. This is a circumstance that 1 exceedingly
regret, as it has thrown upon me the difficult and arduous
task of examining the witnesses. I have, however, performed
that duty to the best of my power and ability. I have
called before you and examined all the witnesses
whose names appear on the back of the bill. I
have examined them all with the greatest care and
attention. I have also inquired if there were any
other witnesses who. could be produced capable of
giving evidence, and no one answered. 1 feel it, therefore,
my duty to say I am clearly of opinion that the evidence
which has been adduced is not sufficient to support the
indictment—in fact, that there is •no rase whatever
to go to a Jury. No doubt on the 12th of December
a duel was fought on Wimbledon Common ; and that
after it a man was wounded; but there is no legal
evidence to prove that the prisoner at the bar took part in
the transaction. The prisoner was charged in the first
count with maliciously shooting at Harvey Garnett Phipps
Tuckett ; now a card has been produced, which I have seen,
bnt it cannot be received in evidence, for on that card the
words Harvey Tuckett only appear; it is c!ear there was no
legal identity. Mrs. Dann could not speak to the identity of
the prisoner, who, when she was asked if she knew any of the
gentlemen at the bar, pointing to Captain Douglas, said that
she thought he was the gentleman who was wounded. In short,
the evidence had totally failed to support the indictment, and
therefore the prisoner was entitled to his acquittal.
The Jury immediately returned a verdict of—Not Guilty.
Captain Douglas and his friends afterwards left the Court.

POLICE INTELLIGENCE.