The Sun.
London, England, 1846-07-17 00:00:00

LONDON, FRIDAY EVENING SUN, JULY

No. 16,794.

rro EDITORS.—WANTED by a PARLIA-
MENTARY REPORTER, an engagement as a REPORTER,
or REPORTER and SUB-EDITOR, on a PROVINCIAL NEWS-
PAPER.
Address (p. p.) to L. K., Mr. Fellowes, bookseller and news
agent, 36, Tottenham-court-road, London.

BARNET, HERTS.

The REMAINING ESTATES of the late Right Hon. Sir WILLIAM

LAST WEEK BUT ONE.
ROYAL ACADEMY OF ARTS, TRAFAL-
GAIf;SQUARE.
The EXHIBITION of the-ROYAL ACADEMY is now OPEN.
Admission (from Eight clock till Seven), One Shilling.
Catalogue, One Shilling.
• • c HENRY HOWARD, R.A., Sec.

R•
OYAL POLYTEC.H:NIC INSTITUTION,
A New and'lnteresting LECTURE, by Dr. Ryan, on the
PHENOMENA and EEFECTS of HEAT and COLD, at Half-past
Three daily, and on the Evenings-of Mondays, Wednesdays, and
Fridays, at Nine o'clock. Professor Bachhoffher's LECTURES on
NATURAL PHILOSOPHY, with brilliant experiments, daily.
MACINTOSH'S REVOLVING ENGINE, COLEMAN'S PATENT
LOCOMOTIVE ENGINE for ascending and descending Inclined
Planes, FARRELL'S ARCHIMEDIAN RAILWAY, the ATMOS-
PHERIC RAILWAY, all in action. ILALLETTE'S Antos..
PHERIC RAILWAY VALVE. The OPAQUE MICROSCOPE.
The OXY-lIYDROGEN MICROSCOPE exhibiting a tine Collection
of Living Objects. A beautiful Picture of the CHAPEL in the
CONVENT of St. CATHERINE'S, Jerusalem, by Mr. Charles
Smith, is one of the Series of DISSOLVING VIEWS just intro-
duced.

Just published, in foolscap Bvo., with Frontispiece and Vignettes,

price ss. cloth,
A VISIT TO THE AN TIPODES, with
some
Reminiscences of a Sojourn in Australia. By a SQUATTER.
London : Smith, Elder, and Co., 435, Cornhill.

where afterwards-two or three shots were heard. Lieute-
nants Pym and Hawkey, attended by a servant, crossed in a
boat to Gosport about three or four in the afternoon, the ser-
vant carrying a square brown paper parcel. The two officers
proceeded to Brown Down, leaving the servant on the
shingle, where he could not see what passed on the down.
Within half an hour, first one shot was heard, and then
another. The servant was called in baste, and he found Mr.
Seton bleeding on the ground, and Lieutenants Hawkey and
Pym were not there. The Learned Counsel proceeled to say
that the question for the jury to decide was, whether the
prisoner at the bar was the person who fired the shot which
caused Mr. Seton's death. He should call witnesses to show
that after the shots were tired two gentlemen were seen run-
ning along a lane leading from the spot where the crime was
committed ; that they arrived at the Foutit:iin Inn, and left
behind them a parcel directed to Lieutenant Hawkey, to be
called for next day. Those gentlemen speedily left the inn,
and the evidence would show that at three o'clock two per-
sons, one being the prisoner, arrived at the house of Mr.
Ellis, the master of the Queen's yacht, who would relate
what took place there. The Colonel or Adjutant of the re-
giment would prove that since these events the prisoner had
not been seen on dull The evidence would show that Mr.
Seton was taken on hoard a yacht, and Mr, Jenkins, a sur-
geon, called to his assistance. From thence he was taken to
the Quebec Hotel, where he was attended by three or four
experienced medical men. For some time his case proceeded
favourably, but afterwards assumed a serious aspect, a
tumour was found, and it was determined to perform a sur-
gical operation, without which there would have been no
hope of saving his life. That operation was performed, and
well performed, and late at night, or rather early in the
morning, the deceased made a certain statement to Dr.
Stewart, which that gentleman would detail to the jury, if
the Learned Judge thought proper to admit it as evidence.
The question for the jury to determine was, whether the
prisoner had committed the crime laid to his charge. Should
they be satisfied he had, it was their duty, in justice to the
public, and in discharge of their consciences, to find him
guilty.
The Learned JUDGE ordered the prisoner to be accommo-
dated with a chair, as the inquiry was iniety to last for some
time.
. .
The first witness called was Wm.'Durthon, a private in the
Marines, who was servant to Lieutenant Hawkey in May,
1845. He deposed to the fact of a gentleman calling on the
morning of the 19th of May. By his card he ascertained
that it was Lieutenant Rowles, of the Royal Navy. He
saw Mr. Hawkey, and then left. He afterwards met his
master at Portsmouth, and, by his orders, returned to Lieu.
tenant Hawkey's lodgings. Lieutenant Hawkey never re-
turned there.

On cross-examination by Mr. COCKBURN, he stated that
Lieut. Hawkey was much from home, attending drill and
other military duties.
Wm. Marsh, also a private in the Marines, was then called,
and stated that in May, 1845, he was servant to Lieut. Pym.
That on the 20th of May he went with his master to "Point,"
in Portsmouth, and on getting to the Sally Port, they met
Mr. Hawkey, and got a boat and crossed to Gosport. Pre-
vious to this Mr. Pym had given him a brown paper parcel
with something hard in it. They all walked on to Brown
Down, where Mr. Pym directed him to go down to the shore
and wait. The shore was there so rocky that he could not
see the Down. lie waited there until called by Mr. Pym,
about half an hour. On coming up to the Down he saw a
gentleman standing, and one lying down on his back bleed-
ing. He did not see either of the faces of the gentlemen,
and one of them sent him for a surgeon, which he did. Went
on to Gosport and fetched Mr. Jenkins. When they got
back to the Down, the wounded gentleman bad been taken
on board a yacht. The next day he went by the direction
of some gentleman, whose name he did not know, to an inn
called the Fountain, and fetched away the same parcel that
he had taken to Brown Down. He left it at Lieut. Hockin's
room.

On cross-examination by Mr. Sergeant KIXOLAFE, he
stated that he could not say who the gentlemen were whom
he saw on the down. One he did not know, and he did not
see the face of the other. Lieutenant Hockin, at whose
room he left the pareel, was the adjutant of the corps.
Mr. Hollingsworth, the keeper of the Assembly-room at
Southsea, deposed to seeing Messrs. Hawkey, Pym, and
Seton at his rooms, on the night of the 19th, at a ball. Mrs.
llawkey was there. He also stated that he saw Seton leave
the room, and speak to either Mr. Hawkey or Pym (who
were sitting near the door). As he went out previously to
this, Mr. Hawkey and Mr. Seton had gone into the card-
room, and stayed some time.
Mr. Savage, of the Artillery, who was one of the stewards
of the ball on the 19th May, deposed to having seen Mr.
Hawkey, Mr. Seton, and Lieutenant Bowles at the ball, and
that Lieutenant Rowles had told him that Mr-Hawkey had
called Mr. Seton a blackguard and a scoundrel, and re-
quested him to try and arrange the matter, which he refused
to do, except in his capacity of steward. He then spoke to
Mr. Hawkey, who said that he had received an injury, and
not an insult, and therefore the matter could notbe arranged.
He also met Mr. Hawkey the next morning, when he told
him that Lieutenant Bowles had called him out on the part
of Mr. Seton, and that he (Mr. Hawkey) had asked Mr.
Pym to be his second.
John Lewis Town, a merchant residing in Portsea; deposed
to the fact that as he was walking along Green-row, in
Portsmouth, on the morning of the 20th May, he overtook
Lieutenant Hawkey and Mr. Pym walking towards South-
sea. He then heard Hawkey say to Pym, "I'll shoot him
like a partridge."
On cross-examination he stated that the words were "I
will," or " I would," shoot him like a partridge.
Mr. Thomas Fisk, a silversmith, living at Portsmouth, de-
posed to the prisoner having come to his shop on the morning
of the 20th May, and asked to borrow a pair of pistols to
shoot a match for 51. with, which he said he had made with
Mr. Pym. He (witness) showed him a pair, but told him
he could not lend them, as they were new. Mr. Hawkey
then bought the pistols, and they were sent to a gunsmith of
the name of Sherwood for Mr. Hawkey to try, as he (Fisk)
had no place in which it could be done. They were ordi-
nary duelling pistols.
John Sherwood, who keeps a shooting gallery at Ports-
mouth, was then called, and stated that he remembered Mr.
Hawkey coming to his shop on the morning of the 20th of
May, and asking to have a few shots in his gallery, and that
he showed him up to the gallery. He had a few shots, and
then asked to borrow the pistols he had tried; but the wit-
ness told him he never lent pistols. Upon this Mr. Hawkey
went away, but subsequently returned, prior to which a case
of pistols had been sent from Fisk's. Mr. Hawkey then
directed Sherwood to cast a few bullets for the pistols, which
he did, put them in the case, and it was sent up into the gal-
lery for him to try the pistols.
George Powell, the servant of the last witness, proved that
some gentleman came on the 20th of May, in the morning,
and had a few shots. He then went away, but subsequently
returned with another gentleman (both in undress unitorins),
and both tried the pistols for which the bullets were cast, as
stated by the last witness. One gentleman fired three shots
(the one who called first), and said, on firing one of the
shots, that "it was a d—d good pistol," and marked it with a
tool. He then asked the witness to let his friend see how
he loaded them, which he did.
On cross-examination he stated that the defendant took
deliberate aim at the target, and did not shoot in the way
called " snap shooting," which is the way used in duelling.
John Dennis, a preventive man, deposed to having gone to
Brown Down in consequence of what he had heard from
Marsh, when he was running for the surgeon, and of his
assisting to help a gentleman *ham he found there wounded
and bleeding on board the Dream yacht.

John Daniels was then called, and stated he was walking
on Brown Down on the evening of the 20th of May, and
heard three shots fired, one first and then two together. He
afterwards went towards the spot, and saw two gentlemen
coming away, one of them had a parcel. They went in the
direction of Green-lane, which is the way to the Fountain
Inn. He did not know either of them.
William Wood, the landlord of the Fountain Inn, which is
about three miles from Brown Down, stated that he had been
from home on the morning of the 20th of May, but on his
return in the evening he was shown a parcel by his wife,
which he believed was a pistol case. It was directed to
Lieutenant Hockin, or Hawkey, he could not say which. It
was fetched away the next day by an officer's servant. He
also stated that his wife was too ill to come and give evi-
dence. On cross-examination he stated the parcel was in
brown paper and sealed.
Mr. W. Ellis, the master of the Queen's yacht, the Victoria
and Albert, stated that Mr. Hawkey and Mr. Pym came to
his house on the evening of the 20th of May. Mr. Hawkey
told him that he had been grossly insulted by Mr. Seton,
and that Seton had challenged him. He, however, in no way
referred to the duel. Hawkey and Pyin stayed there that
night. They went way the next day.
Lieutenant Hole, the adjutant of the Marine corps at
Portsmouth, stated that Lieutenant Pym was absent from
his duty on the morning of the 21st, and did not afterwards
return. He also stated that Mr. Hawkey had been absent
from the 24th.
By Mr. Cocreuror—Mr. Hawkey has always borne the
best character in his regiment as an officer and a gentleman,
also as a peaceable and humane man. I have known him
ever since 1837. _

Mrs. Staumore was called, and stated the prisoner and
his wife !ived at her house in May, 1815, that he left her
house on the afternoon of the 20th of that month, and never
returned.

Cross-examined by Mr. CocKnunN—On the 19th of May
Mr. Hawkey gave me some directions. He told me if Mr.
Seton called to see Mrs. Hawkey not tolet him stop long alone
with her, as he had dreadfully insulted her. Previously to
this Mrs. Hawkey had desired me to deny her to Mr. Seton.
She had told me two or three times that she was afraid of
him. Previously to this he had often called, generally at
times when Mr. Hawkey was absent at drill.
Mr. John Jenkins, a surgeon at Gosport, stated that he
was called to attend a wounded gentleman on Brown Down.
When he got there he found him on board the Dream yacht.
He then described the nature of the wound and the treat-
ment which lie adopted. This was given at length in our
report of the trial of Lieutenant Pym. lie then stated that
the wounded man (who was Mr. Seton) was carried to the
Quebec Hotel, at Portsmouth, when further advice was called
in. The patient, however, got worse, and on the 29th Mr.
Liston and two other medical gentlemen came down from
London, and, on consultation, it was decided to perform an
operation, which was accordingly done very skilfully by Mr.
Liston on the next morning.
At the close of this witness's examination-in-chief; Mr.
COCKBURN' stated to the Learned Judge the course he had taken
at the trial of Mr. Pvm. lie had then proposed, both by cross-
examination and calling witnesses, to show that the medical
treatment which had been adopted was improper, and had
caused the death of Mr. Seton. Mr. Justice Erie had then
stated that he was of opinion that if, according to the best me •
dical skill called into a wounded person, a particular opera-
tion was thought to be absolutely necessary as the only
means of saving his life, and the party died in consequence
of that operation, the person who inflicted the wound was re •
sponsible for the death, although the treatment were improper.
He, however, stated he would receive the tender of the evi-
dence, and reserve the point if it should become necessary.
He (Mr. Cockburn) now proposed taking a similar course,
but he would be content, in the event of the Learned Baron
' being of a similar opinion to Mr. Justice Erle, to be placed
in the same position.
Mr. Baron PLATT stated he entirely concurred with the
opinion given by Mr. Justice Erle, but that he would reserve
the point as he had done.
Dr. Mortimer, naval surgeon at Gosport, who was called to
attend Mr. Seton at the Quebec flotel, deposed to the nature
of the wound and the course of the bullet through the body.
Six full days passed without any change in the wound. On
the 27th witness discovered an obscure pulsation, indicating
that the mouth of the wounded artery had begun again to
throw out its contents. This was the first indication of danger
he discovered. The pulsation continued to increase, and on
the 2901 the symptoms rendered further steps necessary.