The Sun.
London, England, 1818-01-17 00:00:00

COURSE OVEXCHANGE, FRIO4Y, JAN. 16.

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COAL \L'.REET, JAN. 16.
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131 Sunderland 9l 3ai. (id.

r, EV.

Tlli LATE FATAL DUEL..

Yesterday Thcodore O'Catinglian,Thoinas Joseph
Phelan, and 117 m. Nembott, were put to the War,
accused of the "Wilful , 'louder of , Lieutenant Ed-
mund Bailey, by shooting the said Edmund Bailey
with a pisrol,. or other deadly vveapon, in a duel
on Monday last, the 12th instant. They severally
pleaded Not Guilty. The body .of the Court and
the Galleries were cr'o-oviled to excess, in 'conse-
quence of the great interest excited by the trial.

At ten o'clock Mr. Justice PARK and Mr. Justice
,ABBOT•r took their seats on the Bench.

Mr. Justice Paux.—Oentiemen-of the Jury, I
understand there is no Cnonsel engaged li- the
prosecution, and therefore it •.%vill be • ahsolutety
necessary for me to read over she depositions, that
I may be prepared to conduct the case. They
have only this moment been put. into my hands,
but I 'shall not delay you- long by reading them
over.

The following evidence was then adduced for
the prosecution :---
‘Vm. Adams, residing at Little Chalk Farm, in
the parish of Hampstead, give evidence or the
tame facts 'as before detailed in our Report of the
Coroner's Inquest.
Cross-viz:mined by Mr. NoLAN--rAt the time
the patties surrendered, it was said by Bailey,
and indeed several titres, that none of then' were
to blame. .Bailey named the person who was to
blame, but witness thought it might be prtn to
conceal his name.

By the Court----Your c3tition is proper, Sir,
but what did lie say ?
Witncss—Bailcy said the quarrel had origitiated
wilt aputher person, whutu he named.
Geo] ge Road, Surgeon at Hampstead, also
gave evidence of the siitne pal ticulays tnentionet;
before.

Cross-examined by Mr. Bot!..ANn—They all
sheered the deceased ev,ry.attention, and gk*ve
every assistance to the Sorgeon.
Thomas Hunt, the. Constable, was the next
witness.

Mr. Justice PARK--GentletTlet) of the inrv, I
have called this witness, not becanie I tioink -one
single fact can he elicited byhis examination, hit
bhause I apprehended the Learned Gimt Linen
wlui act as Counsel fOr the Geiltlemen at the bar
plight have wished to ask him some questions.
No question, however were asked.
George Neva, of the Tax 011iee in Somerset-
place, was next called.. tie cot roborated the evi-
dence of ~111 r. Adams, but stated nothing new.
This closed the evident iii.s,ipprt of. the pro-
.
secntiOn. •

The prisoners being asked whether they had any
thing to offer 'in their defence, Mr. Noel, the at-
torney, handed *a. paper to Mr, o:Callaghar,
which the latter presented, and it was read by the
officer of
.the Court. The following is a copy of
this-paper
" _My Lord, and Gentlemen of the Jury,—l
never, I assure-you, apprehended that I should
appear its a Court of. Justice to answer for the
commission of a crime, because I have never had
any disposition to criminality. I have only to
add the expression of my confidence in your jus-
tice aunt liberality.; and that yon will believe me,
in this my solemn declaration, that no one alive,
however closely connected. with the gallant man
who is now no more, can.more deeply lament than
I do the unfortunate calamity that has brought me
to this Isar."

The other two Gentlemen said nothing, bat lett
their defence to their witnesses for character:,

Lient.-Colonel Murray bad known Mr. O'Cal-
l.►ghan ever since 1813. lie was a roan or a re-
markably quiet tempers and my amiable, peace-
able manners.

John O'Connel, Esquire, had long known Mr.
O'Callaghan, and was at school vviib him; He
was a very quiet man, and wimess never knew
him disposed to quarrel with any one.
Charles, Stewart Radford, subaltern in the arms',
has known I%lr. O'Callaghan since June, 1815.
He was much distinguished for humanity and
mild manners.

.....
Mr. Baldwin, bookseller, has known Mr. New-
bolt since the late Peace. lie was gentleman-
like in his manner, and by no means disposed to
quarrel, bot every thing the contrary.
criarks Ga,lon, Esquire, has known the same
Gentleman from his' birth, and gave him a most
excellent charaeter fur bravery, mildness, and hu-
manity.
Lieutenant Burn• confirmed the preceding wit-
ness, and added be was more disposed on every
occasion to act as a mediator. titan a foini:ntor of
quarrels.
Clotain John AllAn, R.N. has known Mr.
Newbolt, who served with him, and Wai always
distinguished fur amiable manners and affectionate
dispositions.

Several inost respectable individuals also gave
the sanie, excellent character to Mr. Phelan. .

Air. Justice PARK, precisely 16 minutes to 12,
commenced his charge to the Jury. He began
by observing, that the three unfortunate Gentle-
men at the bar stood charged with the wilful mur-
(kr of Edmund Bailey, by shooting him in a duel.
The crime; as laid in the indictment, was, as they
would perceive, that of minder; and the Jiffy,
he had no doubt, were well aware, that the felo-
niously killing or taking away the life of another
prison, in order that the same should constitute
murder, obviously supposed the person who had
done so to have acted from malice either exPressed or
implied. It might he expiessecfby words, gestures,
and actions, or implied in the circumstances at-
.rending the trahsaction. The circumstances which
accompanied thi, most unfortunate and lamentable
.event now before the Court were, no doubt, fresh
in the recollection of the Jury, and the numerous
audience ; but he should feel himself indispeusi-
bly bound, 'nevertheless, to go over them, and the
way they had been detailed in evidence, to pie-
.pare the minds of the Jury for alterwaids apply-
ing to them the observations he should feel it his
ditty to tn:ike at the end of his recapitulation of
the facts of the case. Ile had therefore nothing
mote to say till Ile had d;scharged that part of his
puhlic ditty.—[Here the Learned Judge at great
length recapitulated the evidence].—He then ob-
served, that, as in every other case, it was indisput-
ably clear, that all who were present in a case of
murder, either aiding or abetting;, were Ovid;

L , • - s
euil,y with the-perisson ;-.lto Canimitted the rtes in
a duel, for exampli; where a person might be kill-
ed bY the fillips rtf h pi-sioli and when others (yeaer
present who acted .ais seconds to the. combatants,
ti,e law held all. of irl'ini equally guiltly, though
the trigger Of the fi.bitol 'was Only drawn by Oite.
So tender and so caise'firl Was' he Law of England
of the lives of the Kittg's sithjects, that all homi-
cide was supposed to originateio malice, except
sainething- direCtly the contrary WaS 'prayed; or
that such circumstances had taken place as' would
'hilly take away the sting of malice. The law had
certainly very wisely, in many cases, provided
different extennatious of the cringe, which crime
Might properly he justified under peculiar .cirettin-
stance:4.: 'lt was, lira-evil, for , the '• jury to
'hay whether,, in the present unhappy and de-
plorable case, there were sufficient appearanasto
take away from it the sting of malice." It 'was
his public duty, however painful it -Might he to
his own feelings, to state to them; as far as he
knew from his various readings, what the law of the
country was,. as regardCd duels. It was particti-
larly important he should do so ,now, aS, from .the
crowded state of the Court, he sincerely hoped
the law on that subject might be promulgated.
Happy for society, happy for' individuals, would
it be, that those persons, who thus voluntarily
exposed themselves to danger, would reflect but
fora single moonlit, not -only on the awfirl jeo-
pardy in which they placed themselves, but on
the painful dtities Wilk!h` they thereby tendered it
necessary for others toexecine.' They would pro-
.bably feel more advantage from -such a shalt but
serious reflection than tongue could describe.
'ln cases of duel, there was usi 'necessity for 'ma-
lice, as in' ether cases of murder : for, if in
them a deliberate intention was sliewn of doing
bodily harm, under the pretence of vindicating
.
mittred hortuur:and if death should ensue, thelaW
held that to he malice; and this' kind of malice
came (Itterflv ti olsr f lie de-cription of malice ex-
pressed. Lord Hale, one at the greatest el intinal
fatS'VetS of this country, and one of the best of
men drat had .ever adorned society, hard laid 'this
down to be the law, and indeed it was well kttown
to most of those wholteard hint, that in a recent
case, about- ten or eleveOvears ago, in the King's
Bench, a. most learned-and-amiable Jiidge,' now
no more, .had fully laid down the law in the very-
same way, thinking it was proper to do so, in that .
Manner, for the benefit of i he poidie. , In his learned
and valuable work, the Lord Chief Justice Hale
held, that if A and B should fall out, and iii themo-
omit of passion tight a duel, that was nut minder,
but merelYbonticide; but if they shauld'appoint a '
time to meet, and duriog the interval, thne was
allowed
,for reflection and deliberation, then that '
%vies dearly murder. The very
,shine opinion was
held !Ong before Lord Mile's.time; by Sir Ed‘"rd
Coke, who was Chief Justice of England in the
time of James I. Mr. Justice Foster
,also -laid '
down rhe same opinion as law, for lie considered
duelling to be mutler.,, as it eras in such cases,
founded on a principle,of deep"teYetige.' It Was
proper the Jury should observe the striking words •
of the Lord
.Chief Justice Hale, and apply them
carefully to this 'case. Tice Into der sty eanonittell,
conSis.ed, as flew great and good titan justly ob-
served, in the deliberate act which was manifested
by the time allowed to intervene •between the
quarrel and the revenge 'Act) by the injured person.
The same was the opinion o!, the late Mr. Juitice
Blackstone, a name familiar to every one. It was
only justice Sa.say, that when a mau &Jib:irately
sought the blood of.another for a prisate quarrel,
he was Completely guilty of murder,
,but if the
duel was suddenly fought, the-ea inse was reduced
to natislaughter. . He hoped that in
:these quota-
tions he had made himself intrAigihle to the Jury
and the Court, and he would only again .repeat his
esrnest .wish, that the law in this case were more
generally knowa.• .With' regard tr► the unhappy
gentlemen at the Bar, lie felt himself bound to say,
im his soletim oath, that it the Jury were Sat isfi,ll
the crime was the effect ot•deliberation,-,ihe wholt;
three were guilty of !nuttier. It would be an insult
to the Counsel for the prisoners, and an equal insult
to the good sense of the Court and Jura, to throw
out a single doubt respecting the deceased having
been kale() by Mr. O'Cidlaghan. To doubt that
was morally impossible. If the Jury were satis-
fied the seconds. as they were called, were there,
they were equally guilty -with 'Mr. O'Callaghan.
From the evidence it was clear they were time to
'see that, in the language of these Gentlemen of
bottom., fair play was used, 11rTtt they were not
there for the purpOse of preventing it. lit the daily
newspapers cases were often seen,' and seen with
pain by every friend of humanity, of challenges be-
iog,sent 2 or 3 days before the duel Was fought.
Such were casts of cool, wilful, deliberate moister,
- but it was the province of the Jury to say whether
such was the case here. Probably, the quarrel
might have begun at a tavern, or a theatre, and
the individuals liad gone- to the fatal Spot with
their blood warm. That was also for the Jury to
consider. A higher character than that given to
Mr. O'Callaghan could not:be given to any man.
It appeared be was the friend and companion' of
, the deceased. Perhaps he had been insulted by
the, deceased, and felt, as every man more or less
did, that the stings of a friend are more severe
and goading than those of an enemy. On
this ground he might have felt the reproaches
of his friend to he pia-Idly oppressive, and
Might therefore, in the niono ot . of irrita-
tion,' have glue to the field without thinking
what lie was-fining. The time Allowed to deli-
berate might not' have been granted, but the Jury
bad to determine that. if, bit the' whole of the
case, the Jury entertained hottest and Conscien-
tious doubts, they would, of course, give the pri-
soners the benefit of then), especially considering
the very exCellent charactess they had .tetAved ;
and be was sure, in no instanee ever before this
:Court, haul a better character been given to any
person Chian had been given' to the, whole three.
They were rt:,:pectAile in 'their appe'arance,.aud
they had called a most' rtspeciable host' of nit.
IICSSCS to character. 'Ode observation more, awl
be should conclude.' it Was to be deeply latneWell
that men, kvho'had borne such admirable titanic-
tnrs for huntattit:t and gallantry in die' service of
their King and Cotintry; should have an tat' for-
got, not only their duty to the country' but to
themselves, a3' rational, intelligent, intrnortar ,
beings,*aS to - expate' nor only toeir own livi..4 to'
'danger, whichlives they lied reccked troak an ail-

ifseidful Crea'tor, Is-tat also 'another iti-
dividtsal to-the awitill of rushing into the
pret:ienceot AhniOsty God, in uAn .nguarded.iwa
nnprepared fnoinent. '!'hat w S
tri: which it ‘Oimliti be well for soc 4
per Sons io all ;joie coming to.attend ; yet it ulti,
most latnOilit'ole, to the pt esent spirit of the
tithes-for dudlitlg. Sucli'wete theObservatlons li
bail "felt himself limind to Make,- and suois Was
!he painful stature of tue case before the
were now to decide-7tite,f were now. to
de-
dare ‘visether the 'Gentlemen conci;rited. in thil
most deplorable tratiaction were guilty-a M'iirder
or Matblatighter. The Case was :of, the. deepest
importaisce. It was_ f!oportaut to the public.--
important to Ore %vas ill
the hands. of the .1./E:y; and he thic-ted. sincerel'i
from his soul, that that Gpd who • searebed the
hearts of the children of men, would lead [bent
to A right verdict.' acquit the prisoners was
impossible. The only verdict .was that'of guilt
of Murder, or merely -or .Mauslaughter.—"
God lead them to do right.''
The 'Learned Judge concluded this most-
.in!7
presiitt siddr6s piteisely 'twenty-seven • minutet
after twelve, and the July then retired to caw',
skier their Verdict-. -While they were out the
prisoners 'sat` down in' the bex, boil appeare4
deeply involVed in. thought. lo 'l4 "min"utes alit
Jury returned, finding them Guilty of .111u7P7
sktu,shiet.

I)nring the trial Mr. O'Cdtla,:ban seemed pat-
tietliaHy :ind dc,TA•st regrct fait
tttie m;tortuttate event ',ti, „liirt
Gcntiernel). On heal the ver,;tct they retiree
after bowing: to the Couet

POLICE IN't ELLIGENCE.

LItiDER.

- •
MA R 13) ROUG Fl •STREET. Evans
et! w.th tiac mnitter of !ifs %% fe, pia itrott'ght 1,1/
for a second examination ye st et day. 'I tie a.fiice.
anti :hezivenueslemling to it, were so crowie"'
that it was necessary to heep the doors of. the Or
five shut. .

Mr. Allen, the Verry Clerk of St. Anne's!
who' Conduct S the prps'ecntiuu, soggesied to ibe
Magistrate that he should not have all opportunili
of bringing ou the trial !luring the present yes;
sions, he did not know whether rhe Grand Jul
vtre up, or, if- not, whether the Judges wntal
take it Ciis Sessions.

Mr. BAKER thought that no time should be 10
in preferring a. Bill, and. to give the Judges theif
discretion in letting the case stand over.
he depositions taken at the,first examinatio?
were read over, btit Mr. Allen declined tahill;
that which appeared the strongest testimony (Ar 11!
D4smontl's). The parish were actuated by uprighl
ino;ives, and the only de ire was to bring tb
case fairi,y, and without prejudice, [relate
Des(nowl and. his wife were proved to
have bad some words Writ the prisoner big
cot/rink; home., and after Desluond. hael gone vs
bed she returned (Intl!) Jocked thY prsoner
p.nd his wif,.! in the rofinr, when she abused al!
.plisnner, and acculed_hi; wife of if,,Ir t,ersly with
her husband. Upon these gvoutrls the roseetui,
rejected her te,ztinloov.
The Horse lo!ltecary of St, Anne's prove`
thar the skull. tas u'rt brolsen,
,b„t the b1,0"1"
n,it ht have Occasionel deutli, or thz infiattuna' '0)1)
of the intestines.

J oho Davis had no suspicion of any thing wron4
u hen the e4:flo was brought in, a %%'0!".9
;it the. house excilimed, that she was certao
the pwouer load moirdered his Wife. fle ".91
mon' sitspirious when he sass''
the un.d'ertaktr,ao",
his Irian take cill the deceased's cap. iketoPk
bundle to his wife to wish on Monday inoy.oingl
and the priloner gave her another (troi sit
the things were to be washed) on Monday 11101'P
but witness would not let 'her have a band in it.
D.oviS's Wife pioVed that, the articles cOntaiat",
in the first bundle were covered with blood ; She
assisted in hiving the deceasigi out, and she
much bruised From her bead to her knee :
had the marks of a blow topion ti'e left tempi.
Witness had never seen the deceased in liquor but
twice, and she was not an -ailing person. 05,e.v"91-
lected seeing two men and a woman quarrelling wit;)
the prisoner re'specting t .doo e south, y moo 11%
ink;, and the malt bmt bold of prisonec6
rhe deceased was hOldibg a candle in the paSsage-.
During the sittiog of the Iroquest, news. chile Of
Desurond having been brought to bed, anti
conseqoently as either party might avail thenr
selves of her testimony, the prisoner was remand.'
(4, and his trial will stand over until the „uext
Sessions.

Yesterday the reniaitis 61 Elizabeth Evans, the
woman who was nnir'llered by her. 'husband,
t heir:lodgings, No. 3, Talconberg-.court, CroWn'
street,- Soho, were consigned to the earth in'L!
respectful manner. •