The Sun.
London, England, 1847-08-18 00:00:00

English ......

Foreign ...... 14,060

The supply of each kind of meat was somewhat on the
increase to-day ; while the trade was heavy, at, in some
instances, drooping prices. Beef, from 3s to 3s 10d;
Mutton, 3s 4d to ss; Lamb, 5s to 6s; Veal, 4s to 4s
10J; and Pork, 3s 8d to 4s lOs per Sibs by the carcase.

INSO EVENT COURT-( THIS DAY)
Mr. Commissioner Law sat to-day for the disposal o
bail cases, being the first day in the vacation.

THE NEW BUSINESS.
His HoNoun, in the course of the morning, in alluding
to the new business about to be introduced, took occa-
sion to remark on the importance of having correct
proceedings filed, lest they should be rejected on the
hearing. It was but charity to mention, that it was
essential that the documents should be correct when
filed, and it was not charity to mention their incorrect-
ness only on the hearing, when they would be rejected.
He would, therefore, impress on the practitioners the
necessity of pains in the preparation of the documents
to be filed in the Court. Tho Learned Commissioner
referred to petitions under the Acts now administered
by the Court of Bankruptcy, in which no alterations can
be made after they are filed

IN RE THOMAS BARWICK CORBETT.
This insolvent, an inmate of Bristol gaol, applied to
be admitted to bail until his hearing before the Judge
of the County Court at that place, under the new Act
(10 and 11 Vict., c. 10:2).

The insolvent was the owner of a trading vessel. He
had made over his vessel and other property to his wife's
sister, and now wished to be discharged till his hearing.
His HONOUR said, that a person who had made over
all he possessed to a relation was not to be discharged
without inquiry, and he found by the schedule enough
to satisfy him that it was not a case for bail.
Bail rejected.

CRIMINAL COURT.-(THIS DAY.'
OLD COURT.

THE FATAL DUEL AT CAMDEN-TOWN.

On the arrival of Mr. Justice Erle, Alexander Thom-
son Munro, described in the calendar as a gentleman,
aged 43, and as standing indicted for the wilful murder
of David Lynar Fawcett, was placed at the bar. In the
early part of the morning he was arraigned on the
charge, and pleaded " not guilty."
The Earl of Arundel and Surrey, the Earl of March,
the Marquis of Anglesey, and other distinguished indi-
viduals, were on the bench.

The Attorney-General, with whom were Mr War-
rington and Mr. Clarke, appeared for the prosecution ;
and Mr. Bodkin and Mr. Clarkson for the prisoner.
The prisoner is a tall, military-looking man. He was
dressed in black, and wore a formidable pair of mous-
tachios. It will be recollected that the duel took place
so far back as the Ist of July, 1843, in the parish of St.
Mary, Islington ; that the unfortunate deceased was
wounded in the right breast, and that he died two or
three days after.
The ATTORNEY-GENERAL said it now became his
duty, as public prosecutor, to state the case against the
prisoner. The very mention of the name of Lieutenant-
Colonel Munro and Colonel Fawcett brought fresh to
the recollection the unfortunate circumstances of this un-
happy case, because at the time it occurred it was fully
discussed in the public prints ; but he besought the
jury to dismiss from their minds all they had heard
with respect to the case. Lieutenant Munro was a gen-
tleman of distinguished talent and honour. He had
raised himself, by merit, from the ranks to the post he
had held in the household troops. The unfortunate de-
ceased was also a distinguished man, and had bee❑
raised to the position of lieutenant-colonel, by brevet.
They had married two sisters. He would not speculate
upon the circumstances which had led to the unfortu-
nate quarrel between them. It appeared that they met
in a field, in the neighbourhood of Camden-town ; that
they exchanged shots, that Lieutenant-Colonel Fawcett

received a wound, and that he died in consequence of it
on the following Monday. The evidence he should pro-
duce would clearly bring home the charge to the gentle-
man who stood before them. He should produce the
second of Colonel Fawcett, who would prove that he
saw the prisoner level the deadly weapon at the de-
ceased. The law was clear on the subject, and did not
permit a man in the cool moments of reason to destroy
the life of a fellow-being in this way with impunity ; but
it was for them to say whether they could acquit him
of the charge with honour.
The following witnesses were then called :
Mr. Thomas Gulliver, the surgeon to the Horse
Guards (Blue), in which the prisoner held a lieu-
tenancy, said, that early on the morning of the Ist of
July, 1843, whilst the regiment was lying at the
Regent's-park Barracks, Lieut. Munro came to his room
and asked him to act as surgeon in a duel which was to
take place between himself and Colonel Fawcett that
morning. He at first declined; but afterwards assented,
and got up, and dressed himself, and accompanied Lieut.
Munro, in his carriage, to the back of the Brecknock
Arms. He had told him that he had a quarrel with
Lieut.-Col. Fawcett about a house which he had en-
trusted him to sell, but with the disposal of which he
was dissatisfied. They arrived in the field at half-past five.
Shortly after they arrived, Colonel Fawcett, a gentleman
named Grant, and a gentleman who had been in the army
also arrived. They all went a short distance to another
field. Whilst he was walking along the Tottenham-road,
Lieutenant Munro shouted to him to join them, and he
jumped over the paling and did so. They all moved to
another part of the field, and he turned his back upon
the part), and about a minute after he heard the report
of a pistol, followed by a shout for. him to come up to
them. He did so. Lieut.-Colonel Fawcett was lying
on the grass, and Lieut. Munro was standing by him.
He said something to the effect that Colonel Fawcett had
been levelling at him; but Colonel Fawcett said he did
not. Colonel Fawcett afterwards said it was an acci-
dent. He said this to the policeman about half an hour
after. Colonel Fawcett and Lieut. Munro shook hands,
and Lieut. Munro left, and he (witness) remained
with Colonel Fawcett, whom he found wounded on the
left side of the chest, and likely to die. He was
taken to the Breckn( ek Arms, where they refused him
admission, and he was taken to another house. Saw him
after.
Cross-examined by Mr. CLARKSON—Lieut. Munro
had been about twenty years in the regiment. Was
present at the trial of Lieutenant Cuddy and Lieutenant
Grant, the prisoner's seconds. They were both acquitted.
He thought that Lieutenant-Colonel Fawcett would have
died upon the spot; he rallied, however, when he lifted
him up. The examination of the wound showed that
Lieutenant Munro must have had his arm elevated
when he fired. The skin was drawn up. The regiment
was to leave that morning When he declined to attend,
Lieutenant Munro implored him :to attend, and said he
had been harshly used. lie asked me to stand by him
in such an extremity. He said he (witness) might be of
use to him; but he did not exactly say what he wanted
me to do. He said, however, that the slightest apology
would satisfy him. A more kindly disposed man never
existed, and he was the last man that would seek a
quarrel. From his conversation and conduct he seemed
the least likely man to seek the injury of another. The
prisoner's fattier had been in the army, and had also
risen from the ranks. He was not a mau of fortune.
He had the reputation of an honourable officer, and
there was no man more humane. He was married, and
had six children, all of whom, he believed, were daugh-
ters. He had lost his commission by his abserce, and
it was worth from 2,0001. to 3,0001., and in consequence
he had been reduced to great indigence.
By the ATTORNEY-GENERAL—Believed he had left
the country immediately atter. He had not seen him
since.

Charles Longman, a private in the Dragoons, said he
recoil. cted Saturday, the Ist of July. He drove Lieut.
Munro's carriage to the Brecknock Arms. Dr. Gulliver
was with him. There was a carriage and a cab there.
The parties, after a short sojourn, went into a field, and
soon after he heard the report of a pistol. Lieutenant
Munro came back to him in a quarter of an hour or
twenty minuti.s. Drove him to the barracks, but he did
not go in. The regiment went to Knightsbridge. Did
not see him there. _ _

By Mr. CLARKSON—Never had a better master. He
was humane, mild, and kind.

Captain Cuddy, captain in the 55th Foot, was next
examined. lie said Colonel Fawcett was a lieutenant-
colonel in that regiment. He had served with him in
China and other parts of the world. On the Friday
before the duel a communication took place:between him
and Lieutenant-Colonel Fawcett, who informed him that
a gentleman would call upon him at the United Service
Club. A person, named Grant, called upon him, and
again the same night, and a meeting was arranged to
take place between Colonel Fawcett and Lieut. Munro.
Colonel Fawcett called upon him between four and five
o'clock on the Saturday morning. Went with him to
the Brecknock Arms, and in the way they called at the
lodgings of Mr. Grant, who drove to the place with
them in his own conveyance. Saw there two persons,
whom he understood to be Lieutenant Munro and Mr.
Gulliver. He could not swear that Lieutenant Munro
was one of the persons ; he believed him to be the
same person, and that Mr. Gulliver was the other
person.
The ATTORNEY-GENERAL—What took place? W it-
uni-4 decliiw to auswer, as that may crimiumo me,

The ATTOIcNitY-GriNERAL-1 pradtwo
pardon, signed by her Msjesty, and to which thethe e gro
ou ow.
seal is attached, which will absolve yrom °
sequences. Captain
Justice ERLE—It is my duty to tell yoti, j•bieh
Cuddy, that this is, in effect, a free pardon, arm v'uTita
will prevent any criminal proceedings against )ou
respect to the death of Lient.-Celon Fawcett.
Captain Cuddy bowed.
Mr. CLARKSON inquired if Captain Cuddyeven under these circumstances, bound to answer tow
question ?
Mr. Justice ERLE considered :that he ought to ang/ver.
it. The instrument absolved him from the consequeneseisi.
Examination resumed—Dr. Gulliver and LieutSlacti
Munro entered a field. We went further down. 1.11
stol
a case of pistols. To the best of my recollection a PiThe
was loaded by Mr. Grant, and another by ale• Isee j
paces were fourteen, and very long. Mr. Gran Colonel
Lieutenant Munro in his position. I placed wen,
Fawcett. The signal agreed upon was, Gad% by
are you ready to fire?" On that signal being gly:fired
Mr. Grant almost instantaneously after a shot we-
_tier
by Lieutenant Munro, and almost immediately.
i". 00
Colonel Fawcett fell Lieutenant Munro said, "in you
see him ? He covered me as close
wanted to shoot me." Colonel Fawcett said, l',41)11;13,.0
did not. I never intended to fire." Lieutenant ett,
came up and tried to shake hands with Colonel Faatielve.
but my inTression is that hands were pot 611,, and
Lieutenant Munro said, " Fawcett, I forgive yob
_.,a
asp ossi,b? ;
immediately left the ground with Lieutenant Grant, sbutit
Colonel Fawcett was taken to the Breeknock Arins'ther
they were refused admission. He was taken to an°
6e,
house. Went for Sir Benjamin Brodie. Did not
Colonel Fawcet again ore his death.
Mr. CLantisotN—Wasbef Colonel Fawcett ever engsged
in a duel before?
Mr. Justice ERLE did not see how the
upon this case. The parties went out deliberatelY. .ory
Mr. Celexsosr said he should submit to the 3 each
whether the parties went out deliberately to kill ea
that
other or not.
By Mr. CeanKsoN—Could not point-blank swe fifteen
Lieutenant Munro was the individual. Had been
officer
years in the army.—Did vou ever know an
question bore
charged for not resenting an insult? „,estiOe'
Mr. Justice ERLE—I see the force of your
fo the
A
Nothing will justify
eachtwo put
if
purpose of murdering
murders the other he is liable to tried
and for n?f-0.00
The question appeared to him irrelbe evant,
not put.
ad
Mr. CLARKSON next asked if a new regtdatiOnid be
been introduced into the army, that quarrels 5110°
referred to the superior officers ?
The ATTORNEY-GENERAL objected.tbe
Mr. Justice ERLE said he might ask what wereregulations before the duel.
The question was not put.
Examination continued—Was tried as an
and was found not guilty. a so
Re examined by the ATTORNEY Gesirftat.--Pnersoa
doubt that the person who fired the shot was the P
who came up to Colonel Fawcett after be fell. d.stieet,
Mr. Liston, surgeon, of Clifford-street, DOnvoco
was next examined—Recollected attending Col.
at the Camden Arms on the morning of the istiem bsve,
Found a wound under his arm, which apPeareu die°
been inflicted by a shot. He was m
very.welk 11 ' with )fir
the next day. Made a post-morte examination Doe.
Saunders. Found a ball deeply imbedded in the stoffit
Mr. John Hayward, one of the officers of We .0001
produced the ball, which, he said, he took posy
at one of the trials with respect to this case.o, the delft
Mr. Liston said the wound was the cause f '
of the deceased.
The ATTORNEY• GENERAL—That is the Case fa the
Crown. jari!Att
Mr. CLARKSON then proceeded to address the •11
behalf of the prisoner. He said be felt overt,,e.elfe"
with the great responsibility of the task whi°ll,,:P rfeea
was he fie to .
upon him. They were told that " law
tion of reason," and a man who did not Conic/illy; ca
°
was driven without its pale; but he should in 1,, root
submit for their consideration that there wage,,`"niado
or deliberation to do a malicious act in tb tanc),.
either of the unfortunate persons—that the circo-sseoXoe
of this case were not such as to justify them in affeld';
the prisoner to an ignominous death upon the 6c oasit
that they could not, with any show of justice, fe, iatr
this crime coeval with that perpetrated on then hiss; ere
dead of the night, of Lord William Russell, hYtod ft,,
vant, for the purpose of obtaining his propertYe-ta
subsequently expiated his offence upon the scan°'
appeared before them in defenceofanhonourahleboo bed
—a man who had been raised from the rankslofollub'
followed;the profession of his father—and vihn -affvlPc.t-
-nately had been involved in a quarrel of the natur:etiea OIL
they knew nothing. His Learned Friend ad ht te:jj
the law with respect to cases of this kind °q lar,sllo
altered; he was the head of the law and a legie'fito co rn/
l't remained unaltered. He sought the jury Otti96ed%
to a conclusion unless they were perfectly sn 1/
a had; tv
the guilt of the prisoner. The prisoner he, his
doubt, a quarrel fastened upon him, and felt It'd frie!,
to resent it ; and he complained that his Learhnee trot!! t,
prevented him from showing what WaS daelbg
namely, that Colonel Fawcettw s a professe-, ee
The late Baron Graham, when once in but t 11
Bench, said " am a judge and a laWYer,,bhtle rveltif
at the same time a gentleman ;" meaning till", arecl.,;ll
not hesitate to resent the insult he had ret-eloa°1101;
appealing to what were called the " laws of boa
He said that " no one would have so dare.'
him except in his official capacity in a court °f.ejsues
Let them recollect that Lieutenant Munr°„,v`
Han, and subject to military laws—let thie"" 11
"Ate
collect that his Learned Friend prevented hi°
0
ascertaining whether military men flad
t% perijec
prey been,4
charged from the army because they MI ree°'
to resent an insult. Letthem f 101 cl
ties e
that two juries had acquitted two of the Par; yeoier
cated in this transaction. Ha asked 1,i."3, the tor
Friend if it was not too frequently the ease hat
Ttbe
son who was the party insulted was the vietfeptedad-
had heard that the prisoner would have 41--1, "eon'ise6
In
terest apology, and that he bad been gross'; 010,0'0
such encounters theprincipals were niVea 1
in the hands of their secpund; 13
and he wis",e-thten 1,190
persons who so acted were More punishe%;-faet:d
were, and that the law had been altered. field
he implored Dr. Gulliver to attend in the 61;00' *vberi
that he was anxious to have some friend at " ad
) might perhaps bring about a reconciliatioe,
seconds—for whom he had no bowels of e°111,,„9 gap to
found that a man come into the field for t'7l, Ole,
purpose of injuring his antagonist, it was, thel parl o$
interfere, and to do their best to reconcie thelied 0130
Too frequently it was fear and tin3iditY,
courage, that led men into such encounters. A 6gol:ci
man of Waterloo—the man of a
.thouhsenon"etaoreieoito
the man whose deeds were cherished in t ape of
the people—would not hesitate, if insulted, t° te pot ,s•
that tribunal of honour to which the unfortnniin t dis:JO
in this case had so lamentably appealed. 1.,h30 0°
guished individual, if he had done no mor°,[es ge
his antagonist, might have stood at that ma'orhieP Toe
with the capital crime of murder, if the laf beciA
verned duels were to be too rigidly adhere" 0110 01
the laws which governed the ordinary affidrs,se e°l
not be applied to such matters. The case ei ivos
Lordo, ree
Cardigan, who was tried by the House of - of, 001
unlike this case, and yet no hand in the 11°11,4-hear'h liif
was held up for his conviction. They, he"• imbed
.51r. Grant placed the prisoner in his postion had e,
and handed him a loaded pistol, and a i„,ll,lloorecer
found that act—that participation illn,t,"; fit°,loo,
a crime deserving of punishment.
General, at the time the duel too
ague
•
preferred a bill against Mr. Gulliver, bat he
ertithe telt/ifs
murderer;the pi•osec prosecution,
hisa Learnednd
he w
ais'rii Friend dt hb'eaedY ehsalloiicivedgaCt;l3l,trit;
Cuddyth a free pardon, though he was eci°s-t1 th';" ace'
if the eyes of the law. He asked them to e,..va ;00501!
because they could do so with satisfaction to then4-as Oa' O''
nttaawias crude and undefined. Why, it
t_ f Qfeleo.,
hadnmgoa
offered
ri‘
wsßenchhnicceht hlpi aeeieveadsdtooo shut
irsrioo ncuepeoLi.
nntghstehaeigusCdi
noegnit
litre h-
ti
11.1:0
.ittbo;.;
11 li
he had challenged the reputation of a rder; jet,
accused him with having committed 133° he r er
him to mortal results—cry, " Grid defelld't°cl. e
This case caused the law to be altered as it 91,°0. boddia
must be malice aforethought, and no oviderldiii the" fie
adduced to show that any such feeling eXiBte Wagl4°Si
of the prisoner. If they considered that there to 0 et°,
aforethought, they would find so, and uert tatelligeoef'
higher offence of murder. He appealed to .she Priieoar
the dying man as a proof' of the innocence 01 the Oe
They could not but doubt the evidence doe, •01
plices. Let them act as former juries act to cOeteser
show the people that the law with resPeetstood floser)d.
this kind could not be acted upon. here lieute
who had raised himself from the ranks W bile
tO °
epee
in the Blues—who had spent his every faraill by bt6s
the possession he held, and having lost g 1 raslit'd co"
without leave he had lost all. His future P
oval d his
pended upon the result of this trial• who shiaace,,
before them the Marquis of .A.ngleseY, Oruni-Qho
blood at Waterloo, the ,vlaster-General vt,..n.ttl;cr inland -1.
the son of the Duke of Richmond, whose nativeit d
his blood at Waterloo in defence r •eoacla-toitif
also the colonel of his regiment. 11° who, he Oen
powerful appeal on behalf of the prisoner,ged opoa
was in the Hewer of the army:" Ile n„alcld• ert
not to consign him to an ignominious se-. r stre--, boo.
palace
was at spa,
Mr. Donald Russ, merchant, of
amined by Mr. BODKIN-1-le stated that h cotaiut3
with the prisoner. He had kept up his 3
He was a person of inoffensive mannero- hjane•-- riag
Mr. Barclay, a merchant, in Abehnred du oto
known the prisoner from his childhood, au
of `a Ora
his whole life, maintained the character • tea
inoffensive mnn. ectlut/lial
Dr. Rutherford, of Devonshire--Beenr,ed known
with the prisoner since 1842. Since he n'.„e Donein
the
he had maintained the character of a hue
Ti_e Earl of March said he had been al! h Dicutelad
Blues. Became intimately acquainted with 18:39.ge
Munro when he joined the regiment in 1,7.
known him before—he knew him intimate!. 1115 nO
not believe that a better hearted man existebey iodispo
father, who was prevented attending here
fornierlf
tion, also knew him. was 16'V'
The Earl of Arundel and Surrey said befelB34 or ,Ithe
in the Blues. lie joined in the spring duel' • a
• of the itie
Saw Munro occasionally up to the time
_, dispoo
character he sustained for peaceableness of
a Vett
was as good as possible. knovv- ttars-
The Marquis of Anglesey said he P of the A'
ray
Munro since he was appointed Colo had fun opP° the
Guards, six or seven years ago. 11ai,11,111,. officers el all
nit)' of ascertaining the character of tnhesd obtanteucted
regiment, it was his duty to do so.
by the men who were under his commatio
his advances by merit. He was belloivee"d
posse pluei
and he conducted himself as well as
ded the ao
Colonel Bouverie said he had cowman fie *v. I,
before. td vot
for two years. He was 34 years in u
with the Blues at Waterloo. lie vvas acq 0 P
prisoner since he joined the regiment. Ws c4:41(4
and raectruetor,