The Sun.
London, England, 1817-08-04 00:00:00

FATAL DUEL.

,Gilbert .Conry, an Officer is the 90(11 regiment,
was capitally indicted upon the Coroner's build-
sition, for having, on the Bth of March last, in
the parish of Plympton, in the county of Devon,
wilfully and maliciously fired off and discharged a
certain pistol, loaded with a leaden bullet, at
William Llindes, also an Officer, and having
thereby occasioned a certain wound, between the
10th and 11th ribs, whereof he died on the fol-
lowing day ; and Alexander Stewart was in-
dicted for having, with malice aforethought, aid.-
ed, abetted, and counselled the said Gilbert Conry
in the murder of the said Wm. 1-I.indes.

Mr. DUNKIN, the Counsel for tha prosecution,
observed, that he felt "it his duty briefly to state
the circumstances of the case to the Jury, not that
he-was aware.that they woulkaffect the lives of the
prisoners-at the bar ; be shbuld therefore confine
himself to a narration of the facts, without going
One iota beyond them. It would remain under
the direction of the Learned. Judge, whether on
not those facts could be submitted to the consi-
deration of the Jury. The Gentlemen at the bar
were Officers in the Army, and on the 6th of
March they arrived at an ihn at Plympton, where
their regiment was stationed.—During the even-
ing, another Gentleman arrived at the inn, and
from something that occurred between them some
inquiries were made by the party to know if they
could go out of the house early on the following
morning : and he should be able to prove that on
the following morning, between five and six
o'clock, they went out together, and that on the
same morning the unfortunate Gentleman, (the
deceased) was broughtrin wounded, anti that he
survived until the Sunday morning, and then ex-.
pined. That he died in consequence of that wound
he'should distinctly prove, and that he made a
declaration at the time be was in a dangerous.
state but he (the Learned Counsel) Aid not
think he should be able to prove that he then con-
inhered
himself in a dying state.
Mr. Justice BORROUGH--" Unless you can
prove that he was at this time in a dying state,
and that he conceived himself so to be, his evi-
dence cannOt be admitted."

Mr. DUNKIN--" I in aware of that, my Lord.
I shall be able to prove that the deceased went out
with them, and that he returned wounded. These
are the only circumstances that affect the pi i-
soners, except the declaration of the deceased be-
fore he died."

Mr. Sedeant PELL—" My Learned Friend,
Mr. Dunkin, has been very candid alsd humane ;
but I take the liberty to ask him if- litt can go to
the Jury upon that evidence ?. The circumstances
are briefly, as I understand, theSe—Mr. Conry is
proved to have slept at an inn, nn:l with him
there was another Gentleman who is not known.
The next' morninr, they go out, and the Gentle-
man whose death we all (and particularly the
Genilemen at •t he bar) deplore, is brought in, in
a wounded state."

Mr. Justice BURROUGII--" Is there any evi-
lence to prove that they were noon the spot ?"
Mr. Du NKIN—" None, my Lord ; but there is
roof of their going out together."
Mr. Justice BußitouGH—" Nothing but their

out idgetlier, ana raiinirrg with ti'e tronria

Mr.'.IJUNKIN--." Nothing, my Lord, brit the
circumstance of his having made a declaration in a
dying state."

Mr: Justice BuRROUGH—" That is not
It' would be idle to go any farther
this business: ‘Ve have heard all that can he
priked, and suppose all that hits been stated should
be proved, thete is nothing to affect the Gentle-
men tit the bar. I dare say the Grand- Jury were
ofthii; Otiinion, or they would (4)1 have thrown
out the bill of indictment laid before them. If
there A•as any thing I could lay before the Jury,
‘vtinld MOSt readily do it ; but I know from read-
ing the depOSitions that there is nothing in them
againSt the tiviitlemen at the Bar, ,and it would be
quite idle to go auv 'farther in it."
The Jury iminecilatelt found the prisoners Not
SED cc-no-N.