The Sun.
London, England, 1840-09-29 00:00:00

,YENING EDITION

DUEL BETWEEN THE EARL OF
CARDIGAN AND CAPTAIN TUCKETT.

EXTRAORDINARY TERMINATION OF THE
INQUIRY—COMMITTAL OF THE EARL OF
CARDIGAN AND THE SECONDS.
Yesterday having been appointed for the final inquiry
into the charge made against the Earl of Cardigan as
principal, in having feloniously shot at Captain Harvey
Tuckett with intent to murder him ; and Captain John
Douglas and Captain Wainwright as accessories, the
room in Mr. Fletcher's office where the Bench usually
meet was crowded long before the time appointed for
the commencement of the inquiry, and the proceedings
appeared to excite the very greatest interest.
The Magistrates, Mr. Nettidge, Chairman, Mr.
Bainbridge, Captain Page, and Mr. Wilson, took
their seats on the bench at ten o'clock, and shortly after-
wards the Earl of Cardigan and Captain Douglas, ac-
companied by Sir James Anderson and several friends,
entered the room.
Mr. Adolphus attended on behalf of the defendants.
The CHAIRMAN, before the business commenced,
took occasion to inquire whether Captain Wainwright
was in attendance ?
Mr. Adolphus said that on behalf of that gentleman
he had to state that there was no desire on his part
to evade justice, but that he should not appear unless
some specific charge was proved against him.
The evidence which has been already repeatedly
given, was then read over, and Mr. Dann, the person
who keeps the mill on Wimbledon-common, and who, it
will be remembered, took the Noble E:irl and Captain
Douglas in charge, having been examined.
Mr. WILSON suggested that Sir James Anderson
should be sworn.

Mr. Fletcher, the Magistrate's clerk, expressed his
opinion that Sir James might be considered as an ac-
cessory, and he suggested, that before he was examined,
he should be cautioned not to say anything that might
criminate him.

Mr. Adolphus submitted that it was impossible that
Sir James Anderson could be charged as an accessory.
There was no proof that he wa3 present at the firing of
the shot, and his only share in the transaction was to
render assistance if it should be required. He reminded
the Bench that in the case of Cap tin Montgomery,
who was shot by Captain MeNAmara, near the same
spot, the Magistrates very imprudently committed Dr.
Ilea% iside, the medical gentleman who was present un-
der similar circumstances, and the Ceurt, upon the trial,
ccnsured the proceeding in very strong terms.
Tee MAGIITEUTES said they did not think any charge
could be substantiated against Sir James Anderson, and
they should therefore take his evidence.

Sir James Anderson was accordingly sworn, and in
addition to his former evidence he said that he had seen
Captain Ti,c'iett on Saturday ; his wound was heal-
iag rapidly, and his general health was good, and not the
Icast (L.m.,,cr was to be apprehended. So f►vourable
was this Cailtain's state that he did not consider it ne-
cessary to pay him daily visits. _

John &again, an inspector of the V division of
poice, produced two cases of pistols, one of them,
bore his Lordship's crest, had been claimed by
E Cardigan. He had obtained a description of the
piste's which he produced and read. (It, among other
things, described them as of a most d4ugerous
and crdetiated to hit a mark
with un rr;ng pr(cision if used with a steady hand.)
Lord Cardigan Isere objected to this hearsay evidence
berg gon:• into.

AloVms---If your Lordshi2 will permit me, I
attonl to your intt-vests. This evidence is of no
cor;rqu ,nee.

Lord CAriligan—lt is of consequence in this way,
tl!at it may t o forth to the world that unfair pistols
were used by, me. I huuzht them of Mr. Manton as
con,rnle pist:ils, and ther2 are plenty more of the same
k.nol to be lind.

.M.AGiTTIATES said, that in the inqu',ry now
go': g !0-..• thew, thr: eh a•aetcr of tha p;-;tots ii
not: i wh :'over to do. If an- pistol was discharged,
w::111 1 Lc ,ur-ici-at.

fr. Buz.,in ;hen proecAed to state that whco Lord
Git(!i._;an co,n(! to the statinn-hnuse, he addressed him,
_c“.! e "I !) lieve I arn a prisoner." Witness slid
'f3r ? repned, " for a dud, am',
to C.lpt:lin Douz!.ls, :Thor..as
.'l.alkd " I h;t my Tn,m,
but I In, [:it

1*),

compained of the witness giving this
acdi'i•xrs! et iiierice to his 'oriner statement, and said
-hat he did not represen' him to have mad...! this s'ute-
rn t upon the f.rmer rx minitien.
Mr. Bus. Ail said that he os.lile use of the cxact words
wren the former investigation took place.
Mr. Ad,)lphus again reque..qed his Lordship not to
nTe.- any remarLs upon the evident...! of the witnesses.
Thaz wes mt.rely a court of prelimioary inquiry, ead the
.Magistratos were justified in gettuig all they cou!d, The
proper time to remark upon these conflicting statements
cu::' tw, Niai4i,tro.tes, unhappily, felt their
fluty conont thr,n to send the case for further investi-
g;it

Mr. cross-examicol by Mr A-lolpbus-1
arfl quite sere l,is Lordship did not say, " I hops ho
is not burt.". lie did sAy that he thought ttio wound
was a slight one, and that it was merely a graze across
th.o back.
The, MAGISTRATES hating ascertained that there was.
eidence to be adduced, addressed Lord
Cardigan. end the Chairman told him that if he pleased
jw was at libcrty to make any bbserrations to the
lilerreti, was not hound to do so.
Ado!pLuis asked Adietlipr he Was to and
thrtt he ca:ie vra9 Liu dly c!osed
The CHM 3MA

Lord Cardigan and Captain Douglas baying, by the
.advice ,of Mr. Adolphus, declined to Lifer any observe-
;.tipiis to the M:igistrates,
Mr. Adolphus proceeded to address the Bench, The
Le, ri.p!ti Gent!eman ebserved that he bAieved this was
cat, ~first tiine an attempt had been made to strain what
be elp,risidered was in itself a most severe Act of Par-
liament, to apply to cases of this denription. The
charge a ainst the Noble Earl and Captain Dangles
as that afshooting at Captain Tuckett, w;th intent to
murder hint, and it was an offence which subjected them
to the penalty of death. He submitted with confidence
to the Bench that there was not the -least endeavour to
allow that there was any intention on the part of the
Earl of Cardigan to commit the crime of murder. He
was aware that the law was stated to be, that if, in the
commission of an unlawful act, death ensued, it
amounted to the crime of a:order, but be had yet to
lea, n that where death aid not follow the act that the
parte could be charged with the intention of committing
'Murder. The Magistrates had no evidence to show
/hat Ciptaio Tuckett did not menace and threaten the
Earl of Cardiata. and if he did do so, Lard Cardigan
would only have tired at him in serf-defenee, and would
have been legally justified is so doing. And yet
M the nbscncc of all direct evidence, the Magistrates
would have to decide that Lord Cardigan intended to
murder Captain Tuckett. He hoped that the Bench
would not strain the law, and send a nobleman to take
his trial for an offence which might endanger h;s life,
and this for an act which might have been only done in
self (tele:lce. He reminded the Bench at. the same time
that no serious injury had bean done to Captain Toe-
kett, and- said he was quite sure that that gentleman
would regret the adoption of any further proceedings
against Lord CartFgan and Captain Douglas on his
account. 'The Learned Counsel concluded by stating
that he might mention, once more, on behalf of Mr.
wilinairight, whose name had been alluded to in the
eonree of the evidence, that that gentleman had not the
slightest desire to evade justice, hut if the Magistrates
thought proper to call for his appearance, he would
attend upon them immediately.
Tee Bench then retired, and in about an hour they
came into Court attain, and the CHAIRMAN asked Mr.
Adolphus if he understood him correctly to say that
Capt. Wainwright was willing to appear if the Magis-
trates wished it ?

Mr. Adolphus—Certainly.
CHAIRMAN—Then I think it will be better to ba:Ye
him przifrot.

Captain Wainwriglat was accordingly sent for, and in
a few minutes he enterqd the Court, and he was then
told that he roust consider himself a prisoner.
The evidence was then again read over in that gen-
tiemaa's presence, and the witness Dann was asked if
he could identify Mr. Wainwright as one of the gentle-
men who was present at the duel? He replied that he
cou'd not.
The CHAIRMAN then appealed to Sir James Ander-
son as to whether he could identify Capt. Wainwright
as the second of Capt. Tuckett, and he said that he only
gag him at a distance_, but he believed that he assisted
Ca ;t. TuAett after the duel.
'rho Bench then again deliberated for a short time,
when

igventheth!liefendants, said,
Tire CHAIRMAN, addressing
ease the most
that the Alagiitrates had
and it
pelled It.lias distressin?:
patio:, and painful investigation,
for the BArch to feel itsdf corn
ooei..lusiou to send the Noble Lord to come to the
t. Captains
Doudas and IVitnwright for trial, upon
he serious
chart'e made i,gainst them.
.:,-Ir. Adol;)hus—Oi course, you will take hail ?
Mr. WiLsos—dace we tliv p-wer in Ulu case or a
Peer of the realm to take bail?
Mr. Aciolpl:u.s—l ens not awar:! that the Act of
11.1riiauv271t. which authorises Magistrates to take bail in
ease.: of felony, makes any execptons,
Captain PAGE—TiIe C.Sc.! la altogetlvr of an PX-
tr,,ord n.,ry and no7el cit.:Jactor, and I have felt; it my
:1.4,,t.v. to requite of Fey, cal li gal ,;;;entle,nen thc!,

4,lni,:a. and that opinion i•-•!, thlt '7°,l):iv:,,,,rf,arrn::t77tir.:
'i3 a 13,rr. tie cannot be bo::na to
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voud
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k.tc.--r xuutc :iir`...cer conversation the Atigistratcs said ::
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