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

before the Court who the Second of the deceased
Was, it might he one of the two as well as tits; other,.
therefore a man Might be convicted on whom the.
low did not. attach the crime, and who was there_
! fore innticent; a thing which could-not -be-thought-
of; and therefore, he Submitted, that neither of
the two Seconds ought to be put upon his defence.
Mr. GURNEY argued the same poior.
The ATTORNEY GENERAL answered this Oblec-*
tion most ably ; and amongst other thingS observed,
that-although he deferred to the great authority, of.
my Lord HALE, who, after all, only doubted whe-
ther the Second of the deceased could :'be.. guilty of
Murder, yet that learned Judge said, -that others
weredif a contrary. opißipoi and the Ar'ots,:vEy
GE„:4:.41,R AL aided, t al tiklyo 'deferred . to.the
authority of my Lord HAt:k, yet ,he was really of
opinion there was no difference between the
Second and that of the &ceased ; for their,
purpose.. originally was the same—that purpose was
ill'eat'ai—and that purpOse in its pursuit prodticed
death---and that he-heli-4 to be. Murder.
trated this doctrine by quoting a case ,well koown in
the prnfession,
,in which a man had an intention of
killing a game-cock, and fired at it, but happened to
kill a mart. was held to be Murder ; .for-the
purpose being illegal, and death .of a human being
. having hal-yeneti in pursuit of that purpo?e, it was
Murder. lie was roceeding to illus:rate thiS Point
still.f4irther, when . ,
Mr. Baron HO:TH AM having. conferred with' Mr.
Justice I.? BLANC and 'Mr. Baron ell AMER E, the
other Judges in the CoMolission, lard, the Af.:
TORNEY GENERAL need not give himself any fur_
ther trouble on. this subject.--His Lordship said :
" I am very clearly of opinion, arti4llvell satisfied,
rfiat if ii were not for the, opinion of my Lord
HALE; no doubt would have been entertained upon
this subje6; for'l confess I am, and the rest of the
Cotirt are, Most clearly of opinion ; we do not, we
cannot entertain.a 'doubt
,qot the Law, and that is,
that they are all eqttilly‘goilty in this case; but my
Lord HALE hpli expressed---a doubt upon it. My
Lbrd Hiti.E's name is: Very high in the Law, 'and
very' deservedly so in the world;- and ,therefore,
my, Brother BEST and Mr. Guar desire to make
the point in the event of a conrittion, we will save
it for the opinion of all th'"liidges. We-cannot
deny it, out of rcsocd for the'buthdrity of so great
a name as that of Iny Lord, HALE ; bllt really, as
far as any opinion of my own Fan go,' no, hope can
be entertained that it cat} ever terminate in fa-
Vont of this objqiien. Pi, the other.. points, 'the
case shall- go to the... Jury ; for I think it is pretty
clear whose-parties the Seconds were upon this Oc-
casion ; indeed there 'are 'circumstances_ which I
think-make it impossible to dOubt ivho the Seconds
were for."

, .
The Prisoners'- Counsel then proceeded to call
evidence to their Clients'.chara&ex ; and to be sure
no'better was ever
.0-yen to men in.a Court of Jus-
tice ; for it appeared, "not Only,that they were good
OffiCerS in- the Service, but also humane men in pri-
vate, so averse froM quarrelsome, that in many in-
stances, some of them actually interfered and
prevented-Dvels, which, but for their friendly' of-
fices, would have been' fought. The Gentlemen
whose 'testimony' went to this effeet, were. Lieut.
Lieut. -Balmer, Lieut. Simmonds,
--Lcic-crc-iy- vr.a-vi • 4;)12r,. Wal4ll,'
Bernard,- Lieut. Tucker, Mr. Bushell, Lieut.
Clark ; Capt. Wilbraham, the Hon. Capt. Hervey,
Lieut. Young, Lieut. Hexter, and Mr. Marden,
who had known one or other of the Prisoners inti-
mately; having- served with them from the year
/ n 6; &d.•
I
Mr. Baron Ho-rx, then proceeded -to sum up
tlic evidence, and observe upon the case to the Jury,
to whom he spoke nearly as follows Gentle-
men of-the Jury, the -three Prisoners ~at the Bar,
Henry 'Rea, J. G. Beaumoot, an 3 J. .Morgan, stand
indi~ied.befere you for the wilful murder .of John

Breniier; You -Wave heard enouzh from the evidence
to perceive that thc Prisoner, Henry Rea, stands
charged with the Principal, and the other. twO.
is'Second-s: in a Duel in which John Rremier lost his
life. I have no difficulty in stating to you, that
what I have to say on:the LIW I.)e very short,
becatise I agree in the' statement made by the At.
torney General' upon ti t- the substance of

. _
which is, that if any three of four persons meet
together for the purpose of detdrinitting a.difFerence
by fighting, and in the pursuit of 'that purpose death
:ensues, I am of opinion clearly, distindly; and de-
cidedly, it is Murder
.io all who are present, and
` who, either by their ownadil or by thcir_ptestoce,
encouraged or countenanced such a purpose. I al-
' law, however, that upon some cases, evidence..may
appear which May admit of important diffqrenCes
bet Ween the.sitiLition ofprincipal and Second.';, very.
important discrimination:may in some cases be made
as to the fads,. but inpoint of law I. am thoroughly
satisfied it makes rio difference whether the party
concerned in the at be a Principal or a Second, for
if -the); be together, and the purpose be. unlawful,
and they are. aiding and assisting, or countenancing
the ad, and death ensues, thy are " all guilty of.
Mtirder: I agree, therefore, in the statement of the
Attorney General as. to, the laW upon, that. subjea.
Thv-,Other part
.of the law which was stated to you
by the same Learned Gentleman, war likewise cor-
redly stated, which was, that if you should be of
opinion that upon the whdle of the evidence these
PrisOners' could only be found guilty of Maoslaugh.
ter, if you were trying, them under any other au-.
Ihority than this, Commission, it tvilt be your duty
to acquit them, 6ecailse under this Commission
there is no authority for taking notice of Manslaugh-
ter ; so that, -in a word, you .must either:find the
Prisoners guilty of Wilful Murder, or acquit them.
The evidence which I. have to state to you is ex-,
trernely short, and I think very distind as far as
it extends; and which I will now recapitulate to
you.".—{Hereihe Le.arqed the (Whole of ,
the evidence to the 7ury43.--,tie then proceeded .
with his observations, saying, it was clear that
Mr. Beaumont was the Second of Mr. Rea, for
that he had nothing at all to do with Mr,. dVlor-
gan until after the Duel was over, if that should
ever become material to be considered. He there-
fore submitted to the Jury, that there,.would be no
difficulty. in finding out who was the Second of the

1J CHA N PA' M I ',LAN, (of Bow-Street, Covent-Carden); a,
No; It 2, Strand ; where Aelvertiirincnts-,
.Ordel:s

de-seased.—" This, Gentlemen," said the Learned
J idge, ". is the evidence. which has Leen. produced
to you in support of this proiecution, and it is my
duty to state to you what occurs to me; upon it.--
. Certainly; as far as it goes, it is important, for it
leaves.' no doubt that ~the found by .. theSur-
: goon was the cause of this poor Gentlertian's. death ;
and it is 'impossible to doubt that the ball was fired
. by. the Principal'in the Duel, and that was the Pri-
soner Mr. Rea. There are,. however, several cir-
cumstances which might have been laid before -
you,
which it -is desirable you •shoul& know, for they
are very-important, ,and should' be stated to you
for although-yon 'may go along with the Attoffiey
Get-why .arqiiiiwith myself, upon the law of- the
question.,rria-rrOy, that the purpose being -unlawful
• fo rciitlklelf-airehe" parties met, and death ha en-
sued by 'ail at done, in pursuit of that purpose, yet_
if there are other circumstances undisclosed "to you,-
relating to fads which are undisclosed,, and • whiCh
if dis Closed .to yOu might have, altered:the Com-
plexion of the case, S,ou.will pause before you .pro
nounce the Prisoners guilty.--7what I mean is-this :
you haVe none of the circumstances related to you
of the original Cause. of the quarrel ; haw it' hap-
pened, when it happened, where it happened,. what
provocation led to it, why it was continued, what
led to the provocation--norone of these faas have
you in proof before you : and, give 'me leave to say,
they.are all very important fads for you to know,
• and might: have been material to the Prisoner's de-
fence-.-of all which you are left totally in the dark.
If theseefaaswere all before you, and how, tie de-.
ceased
_concluded him:elf just before,. and at the
time of the, Duel, ..it is possible you
.should be of
opinion that the case would amount to no more than
Manslaughter,. and ,if. so, the Prisoners in this case,
for the reason aSsigned already, should be acquitted
on.this occasion. Important, parts of this unhappy
trarsaaion remained undisclosed to -yriu. Out of
what the quarrelarose, of what length of time it
was standing, who was the original- aggressor ?
Why it was .not made up ? Whether any. or all of
these Gentlemen at the Bar took any,' or what papas
to reconcile the difference ?. Whether it'-was or was
not caried to that unhappy length by the persever-
ance,or wrongheadedness of the deceased himself ? -
•Ail these are
.points, and important pointi,
c:fOsid to us.—l do not impute any wrorig-headed-
tress to the deceased, or any improper perseverance
of temper ; .but what I say is, that we ate kft in
the dark upon these things, and for any thing that
.
appears from the evidence, these unfortunate Gentle-
men at the Bar may have titer a provocation at the
instant of the Duel, of such "a nature as. that they
must be something either mare or less than men, if
they had put up withlt: Ido not-say it was so,-but
I say that it nught be so, consistently: with all the
evidence which has been laid before you. These
are considerations. which are for you to dispose of,
and to say if they were made otit in the way most-
favourable to the Prisoners, whether you- would
• then, think they were only guilt of Manslaughter ?
If. you think that would be. the result 'if the faas
were disclosed. to. you, you shOuld find the Pri..l
soners not guilty ; for I am confident that in such
a case, every one of you would cut off his right
hand before he would pronounce another guilty 'of .
. Murder. You are, indeed, Gentlemen, left in this
linfartnn.nt, Ai'lerrtrna_tr,a3iPc_c_ w_h_mt _fhP_ real _circurne
stances of the transaction are, for the evidence only .
shews a part of them ; and therefore 'your Verdi
must be a Verdi& that will give you pain, inasmuch
as you haVe not that before you which your can-
. sciences tell you you ought'to have ; for. you know
yotfought to have heard the whole story, and no"
part of it should have been kept back from-you ; this .
you will consider a great deal b -fore you find the
• Prisoners guilty
.: their lives are at stake, and in your
fizinjs; it is for you to say whether they shall be
folfeited to the Law--whether you will veriture, in
"the dark,. to pronounce them guilty ? The case is
with you : •it,is an-unfortunate case. It is impossie
ble to consider it in any other light than a Case of
Death. by. means of a Duel. Thereis, however, no
evidence Or any partiCular malice 'against the de-
ceased ; and it might possibly have happened merely
by the Violence' '
off the deceasedhimself."_The
learned Judge then recited all, the evidence which
was given foi• the "Dvfendants by way,of charader,
and oh,er v al, that, if wasany
.doubt about
the Coort'"fhe charade!, especially so excellent a -
•
one, •si ou t turn the scale, to mercy. . •
The Jury retired, and remained out of CoOrtfor •
a few 'minutes,. and brOtight in a; Verdift of- all—
Nat Guilty. •

PARISIAN FASHIONS.

THE change of weather, begins to circa a change
in the costume of our elegantes. Bare heads are less
coanon, they have recourse to an additional quan-
tityof hair; and though the robes are made of stuffs
equally light and airy, yet shawls are more Ire-
quently used. - The Cachemire Shawls:which .have
,been displayedallihe summer, occupy the first rank;.
the next in order are the Sha;,vls of Cherry-colour-
ed cloth, embroidered, either. with white siik.or
gold and sil yet, and the Turkish Shawls of painted
muslin,‘3,grandlamage. The designs of the latter,
are, like the colours, infinite ; some are bizarre,.
others are, figured in such a singular' Way as. to give.
an idea of a iykisquerade. The fashion of Tunics
remains' the same, many of therri. are ornamented
en dentelle. RObes without• trains,. of which there
are a great number, are also ornamented at the,
bottom with a rich dentelle. The fashion of aprons
is not folloWed. For full dress,, the sleeves are
de dentelle. 'The 'petits:ft-bus- en rnartnote, ern.:
broidered with tulle) are still •the mode ; they are
ptit on with so little care, 'that it is not uncommon
to see the point, before. which ought to ,fall,behind.
Veils: Ste Mu& worn. The' straw hats have
givetillla*Ceolo hats of white silk. The turbans
:are mostly of'one Colour. In the coefures en che-
rveux, golden" pins' and 'epi4/es. richly ornamented,
are very frequently used.' Some. wear a.g.arlanti,of
flowers; which Make a circle and a half, round the-
head: The .elegavies, wear white silk stockings
with clocks ajour.
Pantaloons are 'proscribed 'a'mongst the young
men; whO in-general Wear Wok 'or nankeen,