The Sun.
London, England, 1826-06-03 00:00:00

NIACAL FROMMLONS.

There is but one qualification more I shall mention under this
head, which was, dint men should come honestly and legally to
their preferment, and use no. indirect or sinister arts to procure
themselves an ordination. Merit, and nut bribery,- was to be
their advocate, and the only thing to he considered in all dee-
Cong. In the three first ages, whilst the preferments were small,
and the persecutions great, there was no great danger of ambi-
tious spirits, nor any great occasion to make laws against
Simoniteal promotions, for then martyrdom ryas as it were a thing
annexed to a Bishopriek ;• and the first persons that were com-
monly aimed and struck at, were the Rulers and Governors of
the .Church. But in after ages, ambition and bribery crept in
among other vices, and then severe laws were made both in Church
and State, to check and prevent, them. Sulpicitut Severn, takes
notice of this difference betwixt the ages of persecution, and
those that followed, when be sayi, that in the former men
strove who should ran fastest to those glorious combats, and more
greedily sought for 'martyrdom by honourable deaths than in "after
times by, wicked ambition, they sought for the Biehopriclut of the
church. This implies, that in the ago when Sulpicius lived, in
the sth century, some irregular arts were used by particular men
to advance themselves to the preferments of the Church, to cor-
rect whose ambition and ill designs, the Church inflicted very
severe censures upon all such as were found guilty of Sitnouy, or,
as some then called it, 'X(lalll.l.7rOeElOY, the selling of Christ.
The Council of Chalcedon decreed, that if any Bishop gave ordi-
nation, or an ecclesiastical office, or preferment of any kind, fur
money, he himself should lose hie office, and the party so pre-
ferred be deposed ; and the reader may find several other consitu-
tions of the same import in those called the Apostolical Canons,
the Council of Constantinople under Gennadine, Anno 459, the
lid Council of Orleans, Brame, and ninny others. The Imperial
laws also were very properly contrived to prevent this abuse, fur
by one of Justinien'e laws it was enacted, that whenever a Bishop
was to ►e. chosen, the electors themselves should take an oath,
and insert it into the Election , Paper, that they did not
chute him the any gift, or prolate, or friendship, or any
other cause; but only because they knew him to be a man of the
true Catholic tidal, and an unblameable life, and good learning.
And in another of his laws, where this same injunction is repeated,
it is farther provided, that the party elected, shall also at the time
of his ordination, take an oath upon the Holy Gospels, that he
neither gave nor promised, by himself or other, nor hereafter,
will give to his ordainer, or, to his electors, or any other person,
Any thing to procure him an ordination ; and for any Bishop to
ordain another without observing the rule prescribed, is depo-
sition by the *tame law, both for himself and the other whom be
ordained. 'Mess were souse of those ancient rules to be observed
in the exemination of men's lives and morels befere they were cow
secreted to the sacred function, or admitted to serve in any of flit
chief offices of the Church.

FATAL DUEL., and TRIAL foriIURDER

[rum 'FUR NEWFOUNDLAND GAZETTE OF APRIL. IS.]
SUPREME COURT--ST. JOHN'S, APRIL 17.

TIDE KINU V. MARK RUDRIN, GEORGE FARQUHAR MORRIS,
AND -JASISS STRACUAN, Fon. Aityßmtg.—At eleven o'clock the
Honourable the Judges appeared on► the Bench, and the Court
was opened in solemn► form.
The prisoners, Captain libulkin, Captain Morris, and Dr.
Stratm, were then placed at the bar, having been previouaiy
arraigned. The impanelling the Jury immediately took place,
when eleven Jurere were peremptorily challenged.
. . .

. .
Thn Arms vs lota*. then opened the pleadings, and stated
tha htry, tlutt the prisoners stood indicted for murder, coin.
witted on the hotly of John l'hilpot, in a duel, on the 80th of
March and after eking several authorities on the law of the
case, WWI

Lieut.-Colonel Thomas Rowland Burke, of the Veteran Com-
mits :—Witness knows the prisoners at the bar; Ca' pt. Itudkin
Is innler his orders ; Dr. &radian is Assistant-Surgeon of the
seine corps ; Captain Morris commands the Governor's yacht.
Had lately in the corps under his command Ensign Philpot, who
is recently dead; on the 30th March lust, about three in the
afternoon, Captain nuilkin rushed into witness's room in a very
agitated state, and informed witness that Philpot was dead ; wit-
nevi immediately asked for an explauation, thinking from his
manner that he W 34 Insane; Rodkin-then informed him that Phil.
pot had kicked him the previous evening, and that a duel ensued,
and he hadishot him dead. Philpot had been with witness Se-
veral times in
,the morning, and appeared in perfect health.—
captain Itudlan told witness that Dr. Straclum end Captain Mor-
cis were the seconds; at the same time he said Dr. Strachan
was his.

C.' Willock more Knows the riot-mere ; knew Ensign Phil
pot ; inows him to be dead, and how he came by his death ; he.
was killed In a duel by Captain Main, on the tart Thursday
in March ; witness was in an enclosure at the back of West's
Apo, within a mile of the town ; saw there Captain Rudkin,
Philpot, Stmt.:llan, and Morris ; saw Morris and Strachan mea-
iiire' a distat.ea of fifteen paces and upwards ; at that time
CAptain Itudkin was standing about 100 yards distant, and Phil-
igit''clOett.to the seconds; Philpot took his station first, and took
off his suet; Captain Rodkin, upon being beckoned to by the
seconds, took his station without taking off his coat; the pistols
were then given them by the 'auntie, who to esed up, and the
signal of wready"—" fire," was given by Doctor Streclum ;
they instantly fired, but without effect. Mr. Philpot then
reached his pistol to his second, Captain Morris, who took it ;
Contain itiulkin kept his pistol by his side until his second, Dr.
tiltrachan, took it from him ; the seconds then entered into
conversation. Witness does not know its contents ; but each
second approached his principal. [Witness supposes the con-
firaition of the seconds related to an. accommodation of the
because he beard Morris way, after the duel, that it was
a pity 141,ilpot would not apologize after the first shot.) The
seconds then came together, and re-delivered the pistols to Rod-
kin and Philpot; Strachan and Morris again tossed up, and the
same word was given by Morris as by Btrachan the first time.—
instantly on the wool ,oFire" being given, Philpot fell. Wit-
nese ran up to him, and caught him by the hand ; Itudkin also
took hive by the hand, slut appeared very much agitated, and
*AM he hoped he was not lunch hurt, and that he believed it was
only in the arm. Witness, with Strachan, asked Philpot where
he was struck; hut he never spoke, nor tittered even a groan,
"t, when he fell. Witness, Strachani and Morris, then turned
him on his side, and on opening hie shirt, found the ball had
entered his right side, opposite the heart Strachan then
said
the wound was mortal, and that he was dying. • Itudkin then
soul, that he would go and inform the Colonel what hash happen
ed, and send persons to take away the body. - on perceiving
li-
was quite deed, witness covered over the body with his coat,
an
I then went away ; it was between the hours of one and three.
Witness was not more than 14 yards from the parties : went into
the eitelosure with Philpot and Morris; knows positively that
Rudkin, Morris, end Strachan, were the persons on the ground.
Edward Kielley sworn : n surgeon; knew Emig!' l'hilpot ;
was sent for by the Coroner to inspect the body of the said ,Ensign
_Phallist during the Inquest ; discovered a wound on the right.bide,
between tint era, and sixth rib, through the membrane and lining
of the cheat ; a pistol-ball wound, which had penetrated the
third lobe of the lungs, and the principal vessel of the heart; lass
ua doubt of its being the cause of deceased's death.
6;";4l.'lmeloined-sseThe wound was betvecot the fifth and sixth

rib, and was in such a situation that the deceased's arm must '
have been extended in the act of firing when received.
Here the prosecution closed.
Mr. DAwE, for the prisoners, addressed the Court, and read
their defence and justification of the crime charged to them.
Matthew Henry Willock sworn—Witness had a party at his
quarters on the evening of the 29th March last, consisting of the
prisoners at the bar, Mr Stanley, witness's brother, and the de-
ceased, with the other officers of the corps, except the Colonel,
Lieutenant Wieburg, and Mr. Clark. Itudkin, Morris, Philpot,
Stanley, witness, and brother, remained after the rest had de-
parted. Philpot said he would remain and take a glass of grog.
Cards were then proposed, and Philpot, Rudkin, and witness
played ; during which Stanley said, " Come boys, let us go home,
we are only keeping Willock up, and annoying him." Philpot re-
plied to Stanley, "there is the door—be off—don't be disturbing;
us ;" Stanley answered, " I can go if I please, Sir, without con-
sulting you." Philpot then said, " don't Sir' me—if you do, I'll
pull your nose and kick you out of the door"—at the same mo-
'neat rising from his chair ; witness seized him by the arm, and
seid he would not allow such language or conduct in his
quarters. Captain Rudkin then addressed himself to Ensign
Philpot, and said such conduct was highly improper, and
both uncalled and unhooked for on the part of Stanley, as
he had done nothing to subject himself to such a remark.—
Stanley then left the room. Morris afterwards observed to de-
eeesed, that he had behaved excessively ill to Mr. Stanley, and
fled he ought to apologise to him immediately ; , deceased then
replied, " The Nincompoop ! I'd rather have a shat at him than
not." Morris then left the room. Witness remonstrated gene-
rally with deceased on his frequent ill humour and conduct.—
After the departure of Captain Morris, Rudkin was in the act of
dealing cards, in the game of Latescolet ; the first card was
thrown out, the second for company, and the third for self; the
card for company was five; for self six ; the card next, six, by
which- Rudkin won the pool, which deceased- disputed, de-
daring that as it was a tie, the company was entitled to half
the pool ; it was! referred to witness, who gave it in favour of
Rudkin; deceased then seized the stakes on the table, and put
them in his pocket. Captain Retain, addressing himself to
witness, said, " Good God! do you mean to submit to,treat-
meld! of this sort !" Witness said it was only a 9-penny or
18-penny matter, and • not worth squabbling abOut. Itudkin!
then said, " If you submit to that kind of treatment, I shall
not ; neither will I allow that money to he taken from the room."
Upon this, deceased rose from his chair saying, "Curse you ! I
would think little of taking you by the nose, kicking your —,
and throwing you out of the window." Witness then said he
thought be had been used excessively ill, soul desired the parties
to retire, stating, that in the morning lie expected an apology for
such conduct. After opening the door for their exit, witness
went to stir the fire, and, whilst there, his attention was called
by hearing deceased say " Curse you," and accompanying his ex-
clamation by throwing a jug with water after Rudkin ; and,
whilst in the act of doing so, rushed into the passage after Captain
Rudkin. Witness then followed him to the door, and there saw
the deceased in the arms of his brother, who brought bins back to
the room, and remained there all night, where be kept him fur the
purpose of remonstrating on his highly improper conduct. Wit-
ness also told him, ahat if he did not check hie violent temper, he
would either be killed or be obliged to leave the service. De-
ceased then asked witness to act us his friend, if Rudkin should
call him out, which witness refused to do, stating his reasons for
it. Witness is of opinion that deceased ought to have fired in the
air, under the circumstances. . Has known Rudkin since 1812 ;
during that period his conduct has been that of a good officer and
a perfect gentleman, and has never known him to be placed in
the like situation, nor ever knew him to be in a quarrel of his
own seeking. Witness has known Strachan since September,
1824, who has always been considered by the corps as a good-
tempered, obliging, brother officer; and witness bas known him,
by his mediation, to have prevented one or two duels.
C. Willock sworn—Was present at a party at his brother's on
the 29th of March last. At the proposal of a game of cards by
deceased, Mr. Stanley said it was time to go home; deceased
told Stanley that if be " Sied" him again, he would pull his
nose. Captain Morris left the room—witness with bins; on
his return found Rudkin at the door ; and deceased having
thrown a jug of water at him, which hit him, deceased then im-
mediately ran after }Lain, and kicked him ; upon which wit-
ness caught the deceased, and forced bins back into the room,
where he remained all night. Called on deceased next morn-
ing, to apologize to Mr. Stanley, and was told by hint that he
had sent for Captain Morris. Witness and Morris brought that
dispute to urn adjustment. 'Witness had a conversation with
Morris about the dispute between deceased and Rudkin; witness
then told Morris what had passed the night before • between
'Radian and deceased ; Morris said he was sorry for it, but hop-
ed he would be able to adjustit, Supports, Murris must have
been half an hour in the garrison at the time the ground was
chosen by deceased,; he objected to the first ground, saying it
was too near the road ; that on the other side of the bill was
better adapted for the purpose. Rudkin did not assist in mark•
ing the ground. When the parties fired, the.attention of witness
was particularly fixed upon deceased, expecting he would fire in
the air. Witness had frequently, told deceased that he ought to
tire in the air, as the only atonement for the gross think he had
given !Wain. The words, " ready—fire" were given as quick
as possible, and the pistols were not raised until the word "fire" I
was given. Witness observed deceased, after the first shot, to
draw himself up, and direct his eye in a particular mustier
towards Capt. Itudkin. In the first shot Rudkin fired in a very
careless manner ; so, that witness supposed the other
would fire in the air. From the deceased retaining his place, and
at the same tone handing his pistol in a particular manner to his
second, witnessed inferred that it directed him to re-load it. De-
ceased's pistol was discharged the second time---witness saw
the flash, and saw the pistol afterwards ou the ground, with the
cock down anti the pan back: Rudkin, in taking deceased by the
band, appeared to be much concerned and agitated. Immediately
after the deceased fell, witness heard Morris exclaim, ". What a
pity it was that he refused to apologise." Itudkin's arm was not
raised till the word was given. During the interval of the first
and second fire, stood with a stick in his hand, forcing
it in the ground ; during the same interval deceased altered his
position, and fixed his eye intently upon Rudkin. The pistols
used on this occasion were conmune ones, and not such as are
called duelling pistols. The distance at which the parties fought
was more than 15 paces ; saw the ground measured. Deceased
told witness that he had taken off his flannels, which he had not
been without for nine years before. Saw bins also throw off his
coat on the ground. Captain Rudkin kept his on. Witness had
a conversation with Captain Rudkin, who appeared to have no
animosity towards the deceased. Has frequently been in corn-
petty with, Rodkin ; always considered him a gentleman, and by
no means inclitted to quarrel or offer an insult to any one ; has
known Similar* and Morris also; always considered them to be
of a strictly peaceable disposition; knows of a dispute happen.
ing lately, where Morris was a mediator, and adjusted the dif-
ference; recollect., Strachan asking him the nature of the dis-
pute between deceased anti Rudkin; anti on being told, lie
*aid, lie would go to Philpot himself. Morris expressed to wit-
ness an anxious desire to mike an amicable adjustment between
the parties.
After the examination of souse other witnesses, who spoke to
eac mild and gentlemanly character of the defendants, the Hon.
tire Cuter Junta summed up the evidence, and stated the law
of the case in the most clear and perspicuous terms; drawing a
wide distinction between the law of England and that which
duellists Neely call honourable contest. He Kehl that the second
of the deceased, Captain Morris, from the best law authorities,
might he acquitted—but that from the evidence, and the admis-
sion of the prisoners themselves, time fact of killing, on the part
of the other two prisoners, could not be doubted by the Jury.
It, however, he raid, was matter of the cost material inquiry
fur the Jury, whether a sufficient time had elapsed to show that
the defendant was not still actuated, by those feelings which at
first gave rise to his resentment; if so, the Jury must then bring
in the prisoners guilty of manslaughter. If, on the other hand,
they were of opinion that Captain Rudkin, awl Dr. Strachun his
second, had sufficient time to reflect, and to know the awful
situation in which they were placed, the Jury could not find
against those unfortunate individuals a less crone than that of
murder ; and having charged the Jury, in the most expressive
terms, they retired for about an hour, when the foreman informed
the ourt, that the Jury could not agree upon a general verdict,
but upon a special one, subject to the law as laid down by the
Court. The Court said, they were certainly at liberty to give in
a specidl verdict, upon the principles set forth, but that gieat
care must be taken in wording such verdict, to enable the
Court to proceed upon principles of law. When the special ver-
dict was brought in, it appeared, from what we could learn, that
the Jury bad acquitted the prisoners of every thing like malicious
intention ; but the Court was of opinion, that such a special
verdict could not, agreeably to law, be recorded ; that the Jurors
Must reconsider their verdict, and if they were satisfied no ma-
He existed on the part of the prisoners, they must then find thew
guilty of manslaughter, or acquit them altogether. —The July
then retired for about 20 minute*, and returned with a verdict of
" Not Guilty."

The verdict gave evident satiefaetion to
an extremely crowded
Court,
" ""ived by the multitude with repeated cheers.
of nearly ten hours, which excited the moat intense interest.
The
Priann"h were then
discharged from the bar, after a trial