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

LONDON, FRIDAY EVENING S N 7 JULY 17, 1846.

f o EDITORS.—WANTED by a PARLIA-
r 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.

SALES BY AUCTION.

The SRDGEIIILL ESTATE and FARM, in WILTS, en the BOR-
DERS of DORSETSHIRE, altogether about 310 Acres, in the rich
Yale between Shaftesbury and Foothill, in a famous sporting
cramtry.
MESSRS. DANIEL SMITH and SON are
directed to offer for PUBLIC SALE at the Mart, near
the Bank of England, on FRIDAY, 7th August, at Twelve o'clock,
(unless an acceptable offer shall be previously made by private con-
tract), in Two lots,
A very desirable FREEHOLD GENTLEMAN'S RESIDENCE,
ON A MODERATE SCALE, though capable of accommodating a
good establishment. It is a modern house of a handsome uniform
elevation, with all suitable offices, stabling, walled garden, farm
buildings, lodge, &c., surrounded by a very rich little park, studded
with fine oak and other timber, commanding some highly picturesve
scenery, embracing the finely varied range of hills and domain
not
Pitt House, the seat of John Benett, Esq., and portions of the Foot-
hill estate, estate, together with a valuable farm adjoining, with all
site building's, labourers' cottages, &C.
Also (in a separate lot) a highly-conditioned and compact farm of
about 170 acres, a great part pasture, in the parish of Sedgehill,
with a neat farm-house and homestead, all recently put into sub-
stantial repair, and let to a highly respectable tenant.
The estate r
ice be viewed by application on the premises, and
descriptive partlars with plans may be had at the inns at Shaftes-
bury, Salisbury, &c., of J. Batten, Esq., solicitor, Yeovil, and of
Daniel Smith and Son, land agents, in Waterloo-place, Pall-mall,
,ondon.

CLAREMONT, NEAR SOUTHAMPTON.
A delightfully situate and modern spacious VILLA, with beautifully
planted grounds, the whole being Freehold, and within two
miles of the town, and commanding grand views of the river,
Isle of Wight, and the New Forest, with immediate possession.
ESSRS. DANIEL SMITH and SON are
"NR., directed to OFFER for PUBLIC SALE, at the Mart, near
the Bank of England, on August at Twelve, unless previously
disposed of by Private Contract,
The above very desirable and beautifully situate FREEHOLD
RESIDENCE, on a commanding elevated part of MILLBROOK,
within a short distance of the church, and only two miles from
Southampton. The MANSION is modern, and contains rooms of very
handsome dimensions, and ample large airy bed rooms, with dress-
ing-rooms, water-closets, two staircases, all finished with excellent
taste and in a superior manner. The Jemestic offices are very conve-
nient ; the grounds, comprising about nine acres, are well laid out,
and ornamentally planted. There is a productive walled garden,
good stabling, and various out-offices, and the whole very complete,
with excellent fixtures, &c., and in the most perfect order both as to
repairs and decoration, and fit for instant possession.
The estate may be viewed by application to Mr. Perkins, upholder,
Southampton, of who particulars may be a a at the chief
Hotels at Southampton; at the Auction Marta of Messrs- Coombs
and Son, solicitors, Dorchester ; and of Messrs. Daniel Smith and
son, Waterloo-place, Pall-mall, who are fully authorised to treat for
the Sale.

The ESTATE of NEW PLACE, with its Mansion and famous Trout
Fishery, close to ALRESFORD, Hants, about eight miles from
Winchester, and 18 from SOUTHAMPTON.
31 ESSRS. DANIEL SMITH and SON are
commissioned to SELL by:AUCTION, at the Mart, near the
Bank of England, in August Next (unless an acceptable
offer shall be made by Private Treaty), the above valuable
FREEHOLD PROPERTY; comprising the mansion of NEW
PLACE, the prominent feature amidst the picturesque
scenery on approaching the town of Alresford from Win-
chester, at present occupied by Lady Paxton, who will
give early possession. The house stands e' evated, sur-
rounded by well planted grounds, having an extensive and impor-
tant frontage upon the high road, from which it is screened by orna-
mental plantations. 'the estate comprises, in a most perfect and
compact ring-fence, about ONE HUNDRED AND FIVE ACRES,
part very valuable water meadows, extending to and embracing
the river, which bounds it on the lower or m rth side for a mile, afford-
'hg some of the best trout fishing in the county. It is a remarkably
healthy and a famous sporting part of the country.
It may be viewed with cards, which, with particulars and litho-
graphic plans, ma 3 be had of Messrs. Jaoob and Johnson's library,
Winchester; at the Hotels, Southampton; at the Mart; of Messrs.
Dunn, llopkins, and Carter, solicitors, Alresford ; and of Messrs.
Daniel Smith and Son, land agents, in Waterloo-place, Pall-mall.

ST. LEONARD'S, IN WINDSOR PARK..
The SPLENDID SEAT of the late WILLIAM DAWSON, Esq., for
the last three years occupied by LORD HADDO, delightfully-
situated adjoining St. Leonard's Hill (the noble seat of Colonel
Harcourt), amidst the most romantic and elevated portions of the
Royal Park, with a magnificent view of the Castle, the Thames
and rich surrounding country ; also a former portion of the Forest
adjoining, studded with venerable Timber, offering a choice site
for Building.
YESSRS. DANIEL SMITH and SON have the honour to announce to the Nobility, and others seeking a
capital and beautifully situated residence, that they are instructed to
SUBMIT to PUBLIC SALE, in AUGUST next (unless an accept-
able offer shall be previously made by private contract), in Two Lots.
The above most justly admired and elegant noble MANSION, ad-
mitted to stand unrivalled (except, perhaps, by its princely neighbour,
St. Leonard's-hill) in the whole circle of the Court. The Mansion is
modern, and of an elegant and chaste style of architecture, placed on
the verge of a romantic and finely-wooded eminence, perfectly se-
cluded, overlooking a lovely vale and a great breadth of the Royal
Park, with the magnificent Castle towering in the back ground, with
the rich banks of the Thames, Eton College, and other interesting ob-
jects. The House contains a splendid suite of Teems with east and
south aspects, a beautiful conservatory, paved terrace, aw., sur-
rounded by a rich small Park of nearly 100 acres, adorned with
handsome timber, noble avenue of limes, a `sheet of water, with ex-
tensive terrace and other walks. About '2O acres adjoining will be
offered in a separate lot, extending from St. Leonard's-hill to the
Winktield-road, opposite Forest-hill, presenting a line and romantic
building site, bounded on one side by Lot I, and on the other by some
of the private drives and plantations of the Royal Park, through
' which, and the beautiful grounds of Col. Harcourt, are the approaches
to this delightful domain.
The estate can be dewed only with cards, which may be had at
Messrs. Smith's offices, in Waterloo-place, Pall-mall, and Windsor;
or of Thomas Webster, Esq., solicitor, Queen-ssreet, Cheapside.

NEXT PRESENTATION to a desirable REC CORY in WAR-
WICKSHIRE, of which the Incumbent is about Seventy-five
Tears of Age.
FA ESSRS. DANIEL SMITH and SON will
SELL by AUCTION, at the Mart, near the Bank of
England, on August, at Twelve, unless an acceptable offer shall
be previously made by Private Contract,
The right of NEXT PRESENTATION to the LIVING of IDLI-
COTE, situated about two miles from Shipston-on-Stour, fourteen
from Warwick, twelve from Banbury, ten from Stratford-en-Avon,
and thirty from Oxford. It comprises a neat small parsonage, upon
an elevated spot, a short distance from the village, and near the
church and mansion of Idlicote. The tithes have been commuted
for a rent charge of 3001., free of lanc-tax, the extent of the parish
being only 1,500 acres, the population about 100, and the duty single.
Particulars may be had at Jackson's Journal Office, Oxford ; at
the Chronicle Office, Cambridge ; at the Auction Mart ; of Mr.
Hen Lewin, solicitor,Martin's-place, Charing-cross ; and at
Messryrs. Daniel Smith and Son's Offices in Waterloo-place, Pall-mall.

KENT.
VALUABLE FREEHOLD FARMS, in the Picturesque and healthy
PARISH of WROTIIAM, about 23 M iles from Town, and 11
from Maidstone.
MESSRS. DANIEL SMITH and SON are
instructed by the Devisees in trust under the will of the late
Rev. George Moore, to Sell by Auction, at the Mart, near the Bank
of England, about the middle of August,
FIVE very desirable FREEHOLD FARMS with suitable buildings,
cottages, &c., in the beautiful, healthy, and fertile parish of Wrotham ;
the whole in very high condition, having been for some time past in
the hands of the late proprietor, rendering them particularly desir-
able little properties for occupation or investment.
Mr. Harrison, the bailiff, will show the farms ; and particulars
with pans may be had when the day of sale is fixed at the neigh-
bouring Inns ; at the Mart ; of R. Lambert, Esq., 32, John-street,
Bedford-row ; and at Messrs. Smith's offices in Waterloo-place, Pall-
mall.

THE BEAUTIFUL AND IM
STAFFORD T 9
LIRE. ANT ESTATE OF MAER,
IN
MESSRS. DANIEL SMITH and SON, re-
spectfully apprise the public, that the late negotiation for
this very valuable and beautiful PROPERTY having terminated, by
the trustees rejecting the offers made, the Estate is now fully open to
treaty. It comprises a comfortable mansion, and a singularly com-
pact and richly diversified domain of about 1,000 acres, embellished
by a splendid lake, and beautiful woodlands and plantations, affording
delightful and extensive rides and drives, amidst grand and highly
picturesque scenery. The Manor well stocked with game. Th
vovreen and great portion of the tithes appertain to the property.e ad-
Particulars and, plans may be seen, and every information obtained,
at their offices in Waterloo-place, Pall-mall.

-
FREEHOL FARS, with a Manor, Trout Fishery, and other
properties in HantMs, for Sale, together or in Lots, offering very
eligible and improvable Investments, paying, at low rents, three-
and-a-half per cent.
for SALE by PRIVATE CONTRACT in Lots, or altogether,
MEsSRS. DANIEL SMITH and SON have
bi
my
poorrdtiz„
ETHrusotLeDesEusnTdeArTthEe
inwill
nonfeaatieman deceased, an
of
tfFthßEe
part of HANTS, between the great market townspicturesqueof aNivilinscreart:eniF
Romsey, Stockbridge, and Salisbury, and within an easy distance of
Southampton, comprising several capital Farms, with superior home-
steads, very valuable wood lands, thickly stored with the most
thriving oak, two water corn-mills, with a good trout stream, a small
inn, the manor, &c. Tile Estates comprise both strong and light
soils, with a good proportion of grass land. A railway passes through
the parish, and there are some beautiful and commanding sites for a
mansion.
For particulars apply to B. Bally, Esq., Threadneedle-street ; and
at Messrs. Smith's offices in Waterloo-Place, Pall-mall, where par-
ticulars and plans may be inspected, and every information ob-
tained.

e=aszermmen==me"----
IAVIES'S FINE SPERM CANDLES,
Is. sd. per lb. ; Genuine Sperm, .8. 6d. ; Yellow soap, 425.,
465., 525., and 58s. per 1121b5.; Mottled, I• s., 60s. and 645.; Wax
Candles, Is. per lb. ; German, Is. 2d. ; Fine Wax, Is. Id. ; Trans-
parent Wax, Is. Rd. ; Genuine Wax, 2s. Id. ; Store Candles, 5%d.
Extra Waxed-wick Moulds, 6%d.; Genuine Sperm 011, 78. per gallon ;
Solar, 3s. 3d., Pale Seal, 3a. 6d. ; Argand, or Vegetable, 4s. 6d. ;
Windsor Soap, 18.1 I. per packet; Palm, is. 4d. ; Old Brown
Windsor, Is. 9d. Rose. 2s. ; Almond, 2s. 6d. ; Sealing Wax, 4s. 6d.
per lb. ; Hale's erior Paragon Composite, requiring no snuf-
fing, 9%d.
For Cash—At DAVIES'S Old Established Warehouse, 63, St.
11.1a.rtin's-lane, opposite New Slaughter's Coffee-house.

THE PERFECT ____.-----
The high estimate form by b during a year,
SUedßSTthleTpaUiTieEfor SlLVER.thete
catty purified material has
WILLIAM S. BURTON'Sb(eleanthbletfloPrePiOtN(maanddeßlnUtoßeTyoeryN'Su)seftilcheamnid-
ornamental article usually
characteristic purity and dumraabdielitiya soilivseirl'vepro):shesassingeLlaesditindtrsekthiste-
tes • they are at beat
eannedeOtthheerdesloe-teearliloodus
substitutes
of '' Al bate Pla t e ,'):,'
aid' Berlin
imitationsS 1 Sliver,"
ro,'f'
Zebgleenuine articles manufactured' and soldFoidnldylebyhim.
`4lloene and Forks,
dozen Od. 28s. Od, 30s. Od.
Threaded King's
•••• ......... •
Dessert ditto and ditto ditto ••• • • • 10s. ed. 21s. Od. 255. .
full size per Pattern. Pattern. Pattern.od
Tea ditto and ditto, ' ditto ••• • • • ss. Od. I Is. Od. 12s. Od.
Gravy ditto 3s Od 6s. Od. 7s. Od.
•••••. •....•.
NICKEL EL E • . •••—• . •
CTRO-PLATED.—The REAL NICKEL SILVER,
introduced and made only by WILLIAM S. BURTON (late RIPPON
and BURTON'S), when plated by the patent process of 3tessrs. El-
sington and Co., is beyond all comparison the very best article, next
sterling silver, that can be employed as such either usefully or orna-
Mentally. In the lengthened and increasing popularity of the ma•
erial itself, and the high eharacter of the method of plating, the
public have a guarantee that the articles sold by W. S. Burton (and
by him only) are, as it regards
, weer, immeasurably superior to what
can be supplied at any other nouse, while by no possible test can
they be distinguished from real silver,

Thread.at;r.p.teitang 1
Forks
ser dozen„ :
.. ..
.
'• • • 325.
30s. 46 —38 s.
TDeeassSelx)rteligFo;
Dessert Spoons ~ ••'•'•' • •• • • • • 30s. .. 52s.i• • 58s.
Table Forks ~ ••••••• • •• • • •• 40s. .. a • • 625.
Table Spoons „
755.
Tea and coffee sets, waiters, candlesticks, &c., 80s,
Ironmongery artlicii:
prices. All kinds of re-plating done by the patent process.
catalogues, with engravings, as well as of every
sent (per post) tree.
WILLIAM S. BURTON'S (late RIP PON aud BURTON'S) stock
of general FurMshing Ironmongery is literally the largest in the
world, and as no language can be employed to give a correct idea ot
its variety and extent, purchasers are invited to call and
sh Inspect it.—
-
39, Oxford-street (corner et Newnan- street.) Dltabli in Wells
West, 100.

LAST WEEK BUT ONE.
ROYAL ACADEMY OF ARTS, TRAFAL-
GAR-SQUARE.
The EXHIBITION of the ROYAL ACADEMY is now OPEN.
Admission (from Eight o'clock till Seven), One Shilling.
Catalogue, One Shilling.
HENRY HOWARD, Tt.A., Sec.

•
.~
OYAL POLYTECHNIC INSTITUTION
IL/ A New and Interesting 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'c,ock. Professor Bachhoffner'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. HALLETTE'S ATMOS-
PUERTO RAILWAY VALVE. The OPAQUE MICROSCOPE.
The OXY-HYDROGEN MICROSCOPE) exhibiting a fine 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

Jusfpublishea, in foolscap Bro., with Frontispiece and Vignettes,

price ss. cloth,
A. VISIT TO THE ANTIPODES, with some
Reminiscences of a Sojourn in Australia. By a SQUATTER.
London : Smith, Elder, and Co., 65, Cornhill.

Just published, price 55.,
FRANKS on URINO-GENITAL DISEASES.
Part I. On Gonorrhoea and Gleet in the Male, exemplifying
the influence of a Scrofulous or Scorbutic state of system in producing
those Morbid Secretions, and showing that the true nature of their
diseased action Is irritative, not inflammatory.
Published by the Author, 90, Blackfriars-road, London.
__

EUGENE SUE'S NEW NOVEL.
ARTIN, THE FOUNDLING ; or the
ADVENTURES of a VALET-DE-CHAM BRE, appears
regularly in the FAMILY HERALD, the most popular Periodical
of the day. A successful attempt to blend wisdom with cheerful-
ness, and utility with entertainment. The Family Herald is a
universal parlour favourite, well adapted for leisure moments.
Order No. 168, or Part 39, the former One Penny the latter
Sixpence.

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 haste, and lie found Mr.
Seton bleeding on the ground, and Lieutenants Hawkey and
Pym were not there. The Learned Counsel proceeded 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 fired two gentlemen were seen run-
ning along a late leading from the spot where the crime was
committed ; that they arrived at the Fountain 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 thatisince these events the prisoner had
not been seen on duty. 'The evidence would show that Mr.
Seton was taken on board 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 we 4ely to last for some
time. .. .
The first witness called was Wm. Downie private in the
Marines, who was servant to Lieutenant kiiwkey in May,
1845. He deposed to the fact of a foxithwean calling on the
morning of the 19th of May. By his. _ . be Ascertained
te4 that it was Lieutenant &mask of ,:, - _ikh!ey. lie
saw Mr. Hawkey, and then left.. or' , , ~, met his
master at Portsmouth, and, by his o - ''' te Lieu.
tenant Hawkey's lodgings. Lieutenant' laikeikey ilever_ re-
turned there. _ _ _

On cross-examination by Mr. Cociesitinsz, 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. He 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. Ile 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 had 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 bad taken to Brown Down. He left it at Lieut. Hockin's
room.
On cross-examination by Mr. Sergeant KINGLAKE, 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 parcel, 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.
Hawkey 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 lie 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 not be arranged.
He also met Mr. Hawkey the next morning, when be told
him that Lieutenant Rowles had called him out on the p Irt
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 W. 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 for Mr. Hawkey to try, as he (Fisk)
had no place in which it ovoid 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, arid
then asked to borrow the pistols he had tried; but the wit-
ness told him he never lent pistols. Upon this Mr. llawkey
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-
ler3- 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 uniforms),
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 pistel," 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 whom 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 Pym 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. CocxsunN—Mr. Hawkey has always borne the '
best character in hie regiment as an officer and a gentleman,
also as a peaceable and humane man. I have known him
ever since 1837.
Mrs. Stanmore was called, and stated the prisoner and
his wife lived at her house in May, 1845, that he left her
house on the afternoon of the 20th of that month, and never
returned.
Cross-examined by Mr. COCKBURN—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.
Ile then described the nature of the wound and the treat-
ment which he adopted. This was given at length in our
report of the trial of Lieutenant Pym. He 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. Pym. He 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 Erie, 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 Hotel, 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 29th the symptoms rendered further steps necessary.

Witness then had a consultation with Mr. Jenkins and Dr. I
Stewart every day. The state of the tumour certainly ren-
dered an operation necessary. Without one the life of the
patient would have been in decided danger. Mr. Liston came
down and performed an operation in witness's presence, on
Saturday evening, the 31st, at ten o'clock. The operation
was tying the iliac artery. In witness's opinion no other
operation offered the same chances of success. Mr. Seton
was a little exhausted after the operation, but the operation
was perfectly successful, and the pulsation entirely ceased.
Mr. Seton died on the Monday. Witness was present at the
post mortem examination, and saw that the course of the
wound was superficial on the muscles of the belly, and then
divided a branch of the iliac artery. In witness's judgment
peritoneal inflammation was the immediate cause of death.
The gun-shot wound was a dangerous one.
Cross-examined by Mr. Cocienurts—The peritoneal in-
flammation subsequent to the operation was, in witness's
judgment, the immediate cause of death ; but if no opei ation
had been performed, it was a matter of opinion whether the
wound itself would have caused death. If it had, it would
have been death in a different form—from hemorrhage, and
not from peritoneal inflammation.
Dr. Stewart, surgeon, was examined—From the first mo-
ment he saw Mr. Seton, he considered him in imminent
danger, and communicated that fact to his friends. '1 he
witness also described the nature and course of the wound,
and generally confirmed the preceding medical tes-
timony. On the Sunday morning after the operation Mr.
Seton was much worse, and witness communicated his danger
to him. The witness proceeded to say, Mr. Seton repeatedly
inquired my opinion, but I evaded the question as much as
I could; but he said, "I am not afraid to die." This was
towards Monday morning. He said, " I am mast thankful
to you and the medical men who have attended me. lam
aware of your opinion. Do you think there is the least
chance ?" I told him there was not the least hope—none in
the world. He repeated to rise a conversation he had had
with me during the night. He said, " I repeat to you, as I
did before, I know not why lam shot." He wept bitterly.
He had previously received the sacrament. He had seen
his lawyer and made his will on the Saturday morning pre-
vious to the operation. He appead to believe what I said,
that there was no hope for him. This was between Six and
seven o'clock on Monday morning.
By Mr. COCKBUILN—I sat up with him all night. It was during
the night that he asked me if there was any hope. It was
on the second time he asked me that I told him there was
was not the least hope. He did not afterwards repeat the
question. He died about seven o'clock on the evening of the
Monday. I was with him repeatedly in the course
of Monday. He asked me in the course of the
day how I thought him. I told him I thought worse. This
was about two o'clock. He did not say he was better and
felt free from pain. The statements he made to me followed
immediately on my telling him that there was no hope.
His question to me in the course of the day did not imply
that he had the faintest hope.
By Mr. RAWLINSON—IIe said that had the duel taken
place at six paces, Lieut. Hawkey would have been'placed in
his position and he in Mr. Hawkey's. He said he was per-
fectly innocent. He said, " I know not why I have been
shot if I were to die this moment." There was very little
conversation after that. With respect to the pistol, he said
he saw Lieutenant Hawkey present his pistol which did not
go off, and he saw him a second time present his pistol, which
did go off, and the ball from which passed through his (Mr.
Seton's) body. He said, " I fired myself on both occasions."
I asked him if he was sure it was Hawkey who fired the
pistol? and he said, " I have no doubt of it."
By Mr. Sergeant KisGr.AKE—There were two causes of
death, primary and secondary. The first, the ball which
passed through his body ; the second, the inflammation of the
peritoneum. If the operation had not taken place, death
would have ensued from hemorrhage.
By Mr. RAWLINSON—The operation was a tremendous one.
The deceased was so stout that it was necessary to cut to a
great depth to reach the artery.
Dr. Allen, a surgeon of Hasler Hospital, was called by the
prosecution, and cross-examined by Mr. COCKBURN—He
stated that in his opinion the immediate cause of death was
peritoneal inflammation, brought on by the operation.
By Mr. M. Samii—The ball wounded a small artery,
which was dangerous to life; it was a branch of the femoral
artery.
By Mr. COCKBURN—The artery taken up was the external
iliac artery.
By the JUDGE—By tying that artery the circulation was
cut off from this tumour. In nay opinion the proper artery
was taken up.
This closed the case for the prosecution.
Mr. COCKBURN then submitted that upon the evidence in
this case the offence of murder, according to the English law,
was not made out. It appeared that a wound was inflicted,
in consequence of which an operation was thought necessary ;
and that, from the results of that operation, the person
wounded died. No decisions, or any distinct authorities,
were to be found in which this had been held to be murder.
The question is alluded to in 1 Russ. on Crimes, 505, but the
cases there cited were instances of the death being occa-
sioned by the physical consequences of the wound, though
somewhat remote. In the Scotch law cases had occurred
analogous to the present, and there it was held not to be
murder. He cited Alison's Principles of Criminal Law in
Scotland, p. 145.
Baron PLATT, on being informed that Mr. Justice Erie
had reserved the point upon the trial of Mr. Pym, said
that he would also reserve it, although he agreed with Mr.
Justice Erle.
Mr. COCKBURN then objected that the cause of death
was not rightly described, as being by " the wound " by a
. pistol bullet.
His Lordship also expressed his opinion to be against
the objection, but he said that as Mr. Justice Erle had
on a former occasion reserved the point, he should do the
inane. _

Mr. COCKBURN then rose and addressed the jury on behalf
of the prisoner in a most eloquent and stirring speech, which
lasted two hours, and of which we can give 'only a brief
outline. He recapitulated the circumstances, already fami-
liar to the public, which occurred prior to the fatal encounter,
and dwelt with much earnestness and energy upon the deep
provocation Lieutenant Hawkey had received in the base at-
tempt upon the chastity of his wife made by Mr. Seton. Ho
commented with great force upon the evidence for the prose-
cution, contending that as it stood before the jury it demon-
strated both the provocation the prisoner had received, and
the absence of vindictiveness on his part. With respect to
the long absence of Lieutenant Hawkey from his regiment
since the fatal occurrence, it had not been the result of his
osn free will, but under the constraint, as it were, of those
who conducted his defence. A strong popular feeling had
been excited at the time of the fatal occurrence, and it had
been thought right to allow time for that feeling to subside
before the prisoner should be put upon his trial ; and, moreover,
it was only an act of justice to Mr. Pym, the old friend of Mr.
Hawkey, that his trial should take place under the most
favourable circumstances, and if Mr. Pym and Mr. Hawkey
had been tried at the :same time, Mrs. Ilawkey being the
wife of one of the prisoners, Mr. Pym could not have had the
benefit of her evidence. That was the reason the trial of
Mr. Hawkey had been deferred, but he had this day sur-
rendered to take his trial of his own free will and unre-
strained choice. Mr. Hawkey, however, was not tried under
circumstances so advantageous as Mr. Pym, for by the law
he could not have the benefit of the evidence of his wife, who
could have detailed all the circumstances of provocation.
The Learned Counsel, in commenting upon the evidence, re-
presented the great danger that would ensue if juries were
to allow detached fragments of conversation, which had been
accidentally overheard, to bias their minds against a pri-
soner on trial for his life. He showed that no vindictiveness
could be inferred from the practice in the shooting-gallery,
inasmuch as there had been, in :fact, no practice at all, only
three shots having been fired, just sufficient to try the
pistols. The evidence also showed that both Pym and
Hawkey were ignorant of the practice of duelling, for the
former was obliged even to observe how the_ pistol was loaded
by the man in attendance in the gallery. He called the at-
tention of the jury to the facts, that Seton was the challenger,
after the deadly injury he had attempted to inflict upon the
honour and peace of the prisoner; that at the meeting
Hawkey's pistol missed fire once, that in that position it was
impossible for him to propose an accommodation, while it
was quite in Seton's power, as the challenger, to ;lave done
so, but he persisted, and he consequently fired twice, while
Mr. Hawkey had only fired once. The Learned Counsel
then made some general observations on duelling, and the
law relating to it, the substance of which has already ap-
peared in the report of his speech on the trial of Mr. Pym,
and urged upon the jury not to inflict the last penalties of
the law upon a man who had met his antagonist in fair and
equal combat, and class him in the same category with the
secret and cowardly assassin. He challenged the production
of a case where a jury had convicted of wilful murder a man
who had met his adversary in fair fight. He then contended
that no reliance was to be placed upon the last statement of
Mr. Seton, and beyond that there was no strict legal evi-
dence, such as the jury had a right to Aiumand in such a case,
that the band of r. Hawkey caused the death of Mr.
Seton. The Learned Counsel then argued that the cause of
death was not properly set forth in the indictment, inasmuch
as it was described as accruing from a leaden bullet, whereas
it was proved by the medical witnesses to have accrued
from peritoneal inflammation, resulting from the surgical
operation.
Mr.CocKstnix having concluded his most eloquent ad-
dress, called Colonel Swaile, Colonel Gordon, Colonel Ste-
phens, and a great many officers of the Marine corps and
other gentlemen, who gave the prisoner the highest cha-
racter as an officer and a gentleman, and as a person of a
very peaceable and kind disposition.
Mr. Baron Purr then proceeded to sum up the case to
the jury, and laid the law down to them to be, that if two
persons go out to fight a duel after previous quarrel, and one
kill the other, all persons, whether principals or seconds, are
guilty of murder. If, therefore, they thought that the evi-
dence in this case made out to their satisfaction thatle
lilri.r.
Hawkey had shot Mr. Seton in a duel, it wouldb be t
bounden duty to find him guilty on the present indictment.
He then went minutely through
the evidence,on
had
beenm m commenting
itnhge
upon
whateverit as
thhee wy en
mighton on;
thinkand ctohneclpur evdo
provocation
them, that
prisoner by the conduct of Fr. Seton to his (the prisoner's)
wife, and however they might commisserate the wounded
feelings of the husband, yet they must not allow that feeling
to prevent them doing their duty ; and if, therefore, they
thought the charge was made out in evidence against the
prisoner, they were bound to convict him.
At the conclusion of the Learned Baron's address, the jury,
without the hesitation of a single instant—almost, it might
be said, without the formality of consulting together—re-
turned a verdict of Not Guilty.
The announcement was received with a vehement burst
of approbation, which the officers of the court strove in vain
to repress. The Learned Judge commanded silence, and was
compelled to order one of the most prominent and noisy of
the crowd into custody. The culprit, however, managed to
abscond ; and, in truth, nobody seemed disposed to make
very violent efforts for his apprehension.
Eientenant Hawkey, immediately on his liberation, was
surrounded by friends and brother officers, offering him their
hearty congratulations ; and upon his exit from the court he
was loudly cheered by the people.
Mr. Baron Platt was also saluted with hearty huzzas as
his carriage passed through the streets of the fine old city of
Winchester.

NORTHERN CIRCUIT.—York, July 15.
CIVIL SIDE.--(Before Mr. Justice WIGIIT3IAN.)
DYSON V. QT.:ARMLET. _ _ _

Mr. Baines and Mr. Hugh Hill were counsel for the plain-
tiff, and Mr. Knowles and Mr. Hoggins for the defendant.
This was an action on the case, brought to recover compen-
sation for certain slanderous words uttered by the defendant,
concerning the plaintiff. It appeared that the plaintiff, Mr.
Eli Dyson, is a manufacturer, residing near lluddersfield, and
the defendant a clothier and farmer, living in the same neigh-
bourhood. The expressions complained of had been used by