The Sun.
London, England, 1802-09-22 00:00:00

iiitister told hire to go to some distance; and, not to,
iettirn till he was whiStied tcir
tired; and having been absentatiliert tiree; ;e: Ccel,
a pistol go off; that when 1e ret•urned he Saw e/lie
beatiniinit and the other Prisoner,
,Metian, ,
.•
a 1 of assisting Mr. Bremier, when Mr. Idea fesade
use .ofa.n expression which iheWed that he had shot
Breittier for he 'said that. he; vie thing the
deceased e had bed tWo or three shOtS for Isis 0n,:.-They then led the tinhappy.inan to e housee 41ter'e
he luid.a Surgeon to assist hitn, and no dotibt;
attention was paid to- him; but UnfOrtUnately the .
nextrday he died; and the c.:itirgeori. Would I c eie:, -
amine& Who..WOtild prove that- it 'the critse of
his death. Under these circunistanees, he S'ubmii.,
ted; that the first thing for the ccinSideration of the
Jury would;be; whether or not the death was ocea-;
sioned froth that duel; a question, tiPoti Whieli he
apprehended" the evidence would leaVe no doubt
whatever in "rlie circumstance of his
appoiniir g rtie,'s:reant to call him UP in the
titorn-
ing; his taking the bag ; 'delivering it up to leis
master, his being ordered to retire to a
.'clistaece
hearing the.report of a gun. or pistol fired twice or
thrice ; his return; and seeing the deceased in the
condition in whiali be Was, and the eXpreisioni
matle use of by\
.the.Pritoner, Mr. Rea, could not
possibly leave a donlit in the minds of the Jury
that the death was.occasioned by the Duel: Toe,
law of the case would preStilte nothing in favodr of
'the -aceilSedei.bnf on the contrary would preenrirs
every tliiti,r against them; after it was established
they. Wtre the. cause of the death: e. 'lt W-ould
therefore remain with them Co shelve that what
they did as either justified by necessity; ok
if not justified, was. an -a& of a lesser dentemina.:
tio\i than wilful Murder, and. inch as the jury:
might,. in any other case, consider as ManslaUgliter;
NOw upon that subjet, he had. to observe to the
Miry, that if. Upon the whole the ..evidence .the
them'
~to appeared to theto amount- to no '::ore than.
Manslaughter, the . Prisdners-Wonld be entitled td
acquittal; for the' Corrunissiene which .vvaS.th •
authority:upon which they were tried,v4tended eirtl).
to Murder; _it-Was therefore in this :.case,
Murder, or it 'Was nothing: Upon the qUestion
Murder, they would consider whether 'it conic be
said to lie done with malice; and in C./riiiiierinee.
point, ,they would have to determine, whetter (4
not a sufficient interval had passed -' lieteen the,
quarrel and the fighting of the duel as gave times
to the p_irties colled their reason, ri.iti to.be stall
and deliberate. .If such an interval had elapted;.
the law would imply Mabee froth the att
crime would be Murder. `To-prove thiS dotttine;
he quoted at length a case elaborately stated tto:r
my Lord Raymond, the effect • of` which Was to
shew, that if parties qtfarrel on one day; an(rde.,:
liberately imeet the. next;
,or in the merelng and
in the afternoon of the same day; fOt :fie prirpose
of deciding their qtiarrel, and death eAsnes; -it will
be Murder 'in the survivor, and ill patties col,;
cerned ; for- the law will excuse no killing; F'sr•xeee.
such as is the consequence df an act done. in a pas.
sion ; andewhen a Man is deprived of hit reasoning
faculties: •..IgLiw ifesuCh be the law; and such the
fa&s, as he had stated; he should *veto them' ie.
evidence:. there,eotild not. in this case qppOr to he
any excuse the fan of killing wottid be
clear,- :and the interval bet Ween the qtfarel arid
that fact- Must be taken to he stifficiently Idng to
afford the parties an opportunity of cbileding 'and
submitting their passions_ to the aoMinion of reie
son, 'Which. is alWaye the duty
_of met!. to. dog
Those-ObscrVatioot applied to the case: 'riot of Prin.:
cipats .aione,.bitt of SeCOods also.; tbr in the eye
of ;the :law, tiley were equally geiliy: It was;
however, prnpet‘ he should
.Jeo.serge; •with regard to
the; case 'OP Mr: Beaumont; that he was the :second
of the survivor,: He believed thete -never was en-
tertained the least doubt, }hat if a pirty
due), it is Murder in the,surviV.Or; And in the Se.;
cond of thestirviver 'of that duel.. But with re.;
gate! to the Second of the &Ceased; he thought ie
his duty to state to the Jury, that the pOint did
not 'stand precisely
.in the same fight; nor, so free
from doubt .as the 6ilieP.• -It had:been doelited by
a very grave Authority,' and which Authority he.
should refer to the Bench; from c l ich, (if coerse;
the jury'would receive' the law,, and riot from him;
But -it hit& ,ber 4ton b tea -by the Lord Crier—
fLl-Stle HALE, v.'hether it was ,Murdcr in the Se.;
toad of the deceased.. lelere. he quoted the
nion of that great and. Lea.thed . judge, and tire;;
proceeded to observe, that whe' they came to
Confider the purpose of a duel, the inteNtion"
of it beingeeridently 'illegal and mischievous;' and
the event turning our. fatally to one of the'Partieee
he owned if-did not appear to bun ratiOnal td
deavonr to Make .any distin&ion bet Ween the Pe't;
eties--:the leaning of his opinion ,Vi'ase, that there
Was no good reason for any seChi distinaion that
the purpose of all' the Parties was originally'
_equally- illegal, .atici that
.she event Only, .detete
mined Which of them Should Stand in the
tion of Second
,to the deeeaSed; this doefritte, he
underkood;t4 be held by Mr. Justice Bineei once •
upon the Western' Ciieniti the name and partictillri
of which,case ~he was, not then' fUrnished, With; hi
lie.believedit 'to be well known to s'orne gentle.;
--men in the rofestiiOn:
.He expressly held' the See.
coed of chedeceaded td, be equally guilty with the
-rest. Havink.thtts Alottly stated the case, and stib-:
mit tea: his opmfon..upon the Law; whiChi hoWeYer;
the jury would take' fronithe Bend); and not ftorre
hitne:he should proceed to call his Evidence With-
out. further ;O:bservations orrthe sUbje6f... • •
I,4ratieise Sietipsonet exanfinect by Mr. ?LO ME ii,nl
" I Was at the, Cape of Good Hope in the wont; -; ut'
March lasteinj the capacity of servant to.
'Rea., remember on saturday,..ll4 13th of IVlatihe
t:lfe;evening; Mr. Rea; White on' board the ship:'
liindostan, about four o'clock; dfsited me to gni
on sh4ree,and,get up at twOo'cloele in the morn:
ing.. He did rot then say any =rico" tiie.L-4 went
on snore that night, and he gave rue that cliteCtion.;
Mr. R6a.. himself Weot or shore, And Mr. Beatimond
with him; The ship then bert&than a 'rile trod
shire; MI. Rea and Mr.. Btator3oat went on sitars
in the boat; toigetlier". Mr'. Rea had ltVgThg-s
andl went ico C.4eln; raired bins in"ehe; morning a
.two vias then up in his rood and
edeand'Mr. Beaumont' was with' him e iobody
in the foorn but Mt. Beaurunnt and Mr.'Rea. Mf -
master gave me a- bag- to carry/ and. bid inn follo#