Star.
London, England, 1802-09-22 00:00:00

bLD I)AiL.Ei.

SPECIAL b 0 MMIsSiOK
Yefterdaj the Commit on appointed by his Ma-
jelly's Order met at ten o'clock. The Judges were
the Caine who are Rill fitting during the Seffions.
Henry Rea, 7. G. Beaumont, and Yoh" Morgan,
were brought to the Bar to be tried upon an In-
diament, charging them with the wilful murder
of John Bremar, who fell in a duel, in which Mr.
Rea was Principal, and the other two Gentlemen
were Seconds, at the Cape of Good Hope, on the
lath of March laft.
The lift of the Jury fpecially fummoned for this
purpofe being called over, feveral of them were
enured (crying on account of being challenged by
the Prifoners' Counfel ; after which the Jury was
compofed of the following Gentlemen :
Samuel Haißead, WiO. Thurnbury Brown,
Samuel °Rome, Henry Seavenard,
Chrift James Hayes, Innis 1. Vinguard,
Sunlit) Thorn, Walser Weft,
Thomas Qvey, Chrittoplicr Smith,
Wm. Rich, Samuel Brands.
Mr. Penal opened the Pleading for the Crown.
The ATTORNRY GINIRAL opened the Cafe.—
He Paid, that the occafion which called for their
affiaance in the adminiaration of Jullice, and the
call for their difcharge of duty, they bad learnt
from the Indiament they had heard read by the
Officer, as well as by the opening of thePleudings;
it was owing to the death of a Gentleman of the
name of John Bremar. The Prifoners at the Bar
flood charged with his murder. The death of Mr.
Bremar was occafioned, as fhould appear before
the Jury in evidence, and took place at the Cape
of Good Hope on the tath of March laft, in a
duel, in which Mr. Rea, who was firft named in
the Indiament, was the principal ; the other two
prifoners were affiftants in that duel, that is to fay,
they were Seconds of the Parties who fought
The death which the Jury has to inquire into hap-
pened at the Cape of Good Hope : there was no
opportunity of trying the Prifoners there, and,
therefore, the Commander in Chief upon that Ra-
tion fent them home for that purpofe ; and the
Court was now affembled under the authority of
a Law of which he would fhortly take notice.—
It was the Statute of the 33d of Henry VIII.
which provides for cafes of this defcriptidn. It
provides, that whenever Murder or High Treafon
is committed on any of his Majefty's Subjeas be-
yond Seas, a Commiffion (hall ifrue for the trial
of fuch offence in any County in England. A
Commiffion for that purpofe had iffued, and un-
der that Coinmiflion the Jury were now impan-
nelled to try the Prifoners at the Bar. He did
not think it would be neceffary for him to trouble
the Jury with many obfervations in the opening
of this cafe ; he had already Rated, that the death
they were to inquire of was occalloned by a duel.
He need not tell (itch a Jury that by the Law
of this Country, if two perfons deliberately and
with a purpofe aforethought, meet to decide
any former quarrel, or to decide any quarrel
when their paffion may reafonably be fuppofed
to have been cooled, fo that reafon may be waled
to affume its powers over human anions, and they
fight, and in confecitience of their fo fighting one of
them is killed, it is murder in the furvivor of them.
It was, however, impoflible to deny, that although
this was the law of this country, it was known at
the fame time that there was what was called the
law of honour, and that the feelings which men
had upon that law, were at variance with the law
of the land ; and it was impoffible for men who
bad at all mixed in the affairs of the world not to
lament the fevere AlR:lions which fometimes were
endured under the fierce rules and affelted fanCtion
of what were called the laws of honour. The
Jury muff therefore have very different feelings
when they were called upon to try a cafe of this
defcription from an ordinary cafe of murder; but
in Rating this, he begged they would not fo far mif-
underfiand him, as to fuppofe he was confidering
in any degree the law of hodour.as governing this
cafe ; for the law of honour was not the law
which the Jury were upon their-oaths bound to ad-
minifter in that cafe, but the law of the land,- and
if that law, in its general provifions, was too re-
vere for cafes of this defcription, it was to the
Legiflature alone application ought to be made to
mollify its rigour : if in auy particular café the law
might be fuppofed to be too fevere, it was to the
mercy of the Crown that application ought to be
made in fuch particular cafe ; but Juries were to
difcharge their rerpeftive duties according to the.
law of the land only. He Mould, therefore, pro-
ceed to Rate to them fhortly the grouads on which
he confidered the law of the land to reft in fuch
cafes; he fhould then (late to them, likewife, the
• s of the prefent cafe, which he Should give in
evidence : he fhould then apply the law of the cafe
to fuch fads, and then call upon them to adminifter
the law, after they had heard it Itated.from better
authority than his, from the Bench. He then pro-
ceeded to read the opinion of Mr. Juftice Black-
Rone upon the fubjeft of.duelling, the fubaance
of which was, that if two perfons deliberately meet
in cold blood, to fettle any difpute whatever, and
death enfues, it is murder in the furviving party,
and not only murder in fuch furvivor, but alai in
the Seconds, and all who may be aiding and Alin-
ing in it. He read the whole of that opinion, as it
appears delivered in the works of that Learned
Jude. He alto read at length the opinion of Mr.
Juftice Rifler upon the fame fubjea, which
was of the fame tendency. The evidence, he laid,
which he had to lay before the Jury, related to the
traufaCtions of the night before te duelwas fought,
which was the isth of March. He Should prove
to them that the prifoner, Mr. Rea, ordered his
fervant to call him up at three o'clock the next
morning ; that the fervant, in obedience to his
mailer's commands, went to him for that purpofe,
but found him up with one of the other prifoners at
the Bar, Mr. Beaumont : that lkir. Rea gave the
fervant a bag,containing a brace of piftols; told the
(avant to follow him, which he did, about a goal--
ter of a mile, in what is called the COmpanes, or
Government Garden, at the Cape; that on their ar-
rival at the garden,Mr.Rea and Mr. Beaumont were
Peen by this fervent in earredation th

itfleep that afterwards he was awakened
matter with the bag wider his head.; that his me-
ter told him' to go to finite diftgh6b,and not to re-
turn till_he was whittled for; that the fet-vant re-
tired, and having been abfetit a fhort time; he
heard a pitted go off; that wheii he returned he
faw Mr. Beaumont and the, other prifoner,
iii the ad of affifiing Mr. Bremer, when Mr.
Rea niade,ufe of an expreffion which thewcd that
he had (hot Mr. Bremer ' • for he faid that he.
meaning the deceafed, had had two bi- three fhots
for his one. They then led the unhappy man to
a houfe, where he had a furgeon to affitt-iiim; and
no doubt, due attention was paid to halt, but
unfortunately the next day he died, and the Sur-
geon would be examined, who would prove that
it was the caufe of his death. tinder theft
.cirtnm.
fiances, be fubmitted, that the firth hiil frir the
confideration of the Jury would be, whether or
not the death was occafioned from that due ? a
queftion, upon which he apprehended le evidence
Would leave no doubt whatever in their minds.—
The circumftance of his appointing his fervent to
call him up in the morning ; his taking the bag
delivering it up to his matter ; his being ordered
to retire to a diftance ; .hearing the report of a gums
or piaci' fired twice or thrice ; his return, and fee.
ing the deceafed in the condition in which be was,
and the expreffions made ufe of by the prifoner,
Mr. Rea, could not poffibly leave a doubt in the
minds of the Jury, that the death was occafioned
•by the duel. The law of the cafe would prefumei
nothing in favour of the accufed, but ori the con-
trary would prefume every thing againft them,
after it 'etas eftablifhed they were the caufe of the
death. It would therefore remain with them to
thew that what they did was eitherjuftified by ne-
ceffity, or if not juftified, was an aft of a lair de-
nomination than wilful murder, and fuch as the
Jury might, in any other cafe, confider as man.
!laughter. Now upon that fubjeEt, he had to ob-
ferve to the Jury, that if upon the whole of the
evidence the cafe appeared to them to amount to
no more than manflaughter, the prifoners would
be entitled to their acquittal ; for the commiffion
which was the authority upon which (they were
tried, extended only to murder ; it was therefore
'in this cafe, either murder, or it was nothing. Up-
on the queftion of murder, they would confider
whether it could be faid to be done with malice ?
and in confidering that point, they would have to
determine, whether or not a fufficient interval had
paired between the quarrel and the fighting of the
duel, as gave time to the parties to eolith their
reafon, and to be cool and deliberate. If fuch an
interval had elapfedithe law would imply malice
from the aft ; then the crime would be murder.
To prove this doarine, he quoted at length a cafe
elaborately ftated from my Lord Raymond,
the effea of which was to (hew, that if parties
quarrel on one day, and deliberately meet the
next, or in the morning and in the afternoon
of the fame day, for the purpofe of deciding
their quarrel, and death enfues, it will be murder
in the furvivor, and all parties concerned ; for
the law will excufe no killing, except fuch as
is the confequence of an aft done in a paffinn ;
and when a man is deprived of his reafoning fa-
culties. Now if fuch be the law, and fuch the faap„
as he had Hated, he fhould prove to them in
evidence, there could not in this cafe appear to be
any excufe in law, for the fad of killing would be
clear, and the interval between the quarrel and
that fait mull be taken to be fufficiently long to af-
foid the parties an opportunity of colleaing and
fubmitting their paffions to the dominion of rea-
fon, which is always the duty of men to do. Thofe
obfervations applied to the cafe, not of Principals'
alone, but of Seconds alfo ; for in the eye of the
law, they were equally guilty. It was, however,
proper he thould obferve, with regard to the cafe
of Mr. Beaumont, that he was the Second of the
furvivor. He believed there never was entertain-
ed the leaft doubt, that if a party falls in a duel,
it is Murder in the furvivor, and in the Second of
the furvivor of that duel. But with-regard to the
Second of the deceafed, he thought it his duty to
Rate to the Jury, that the point did not Rand pre-
cifely in the fame light, nor fo free from doubt as
the other. It had been doubted by a very grave
Authority, and which Authority he fhould refer
to the Bench, from which, of courfe, the Jury
would receive the law, and not from him. But
it had been doubted by the Lord Chief Juftice
HALE, whether it was Murder in the Second of
the deceafed ? Here he quoted the opinion of that
great and Learned Judge, and then proceeded to
obferve, that when they came to confider the pur-
pofe of a duel, the intention of it being' evidently
illegal and niifchievous, and the event turning out
fitilly to one of the Parties, he owned it did not
appear to him rational to endeavour to make any
diftinaion between the Parties—the leaning of his
opinion was, that there was no good reafon for
any fuch diftinetion ; that the purpofe of all the
Parties was originally equally illegal, and that the
event only determined which of them fhould Rand
in the condition of Second to the deceafed ; this
doCtrine he underftood to be held by Mr. Juftice
BULLER once upon the Wettern Circuit, the name
andparticularsofwhich cafe he was not then furniffi-
ed with, but he believed it to be well known to fome
Gentlemen in the Profeffion. He exprefsly held
the Second of the deceafed to be equally guilty
with the refl. Having thus fhortly Rated the cafe,
and fubmitted his opinion upon the Law, which,
however, the Jury would take from the Bench, and
not from him, he thould proceed to call his evidence
without further obfervation on the fttbjea.
Francis Simpfon, [examined by Mr. Pi.omea.)
~*1 was at the Cape of Good Hope in the month
of March lag, in the capacity of fervaut to Mr.H.
Rea. I remember on Saturday, the t 3th of March,
in the evening, Mr. Rca, while on board the (hip
Hindoftan, about four o'clock, defired me to go
on fhore, and get up at two o'clock in the mai n-
ing.. He did not then fay any more to me.—l went
on flume that night, and he gave me that diredion.
Mr. Rca himfelt went on ihore, and Mr- Beaumont
with him. The [hip was then better than a mile
from Chore. Mr. Rea and Mr. Beaumont went
on More iu the boat Loge ,Mre_4ea had larlst-

• d..:

• .
64ti lets and drefed. and Mr. Beettmont was with
him • nobody was in the room but Mr, Beaumont
and kr. Rea. My.maller gave me a bag to car-
ry, and bid me follow'him it was afmall bag, I
did not examine %slat was in it ; 1 could tell there
was fomething hard infide of it, and that it was
not full. He told me to take this bag and to. fol-
low him. I did fo, and went with him to the Com-
pany's Garden. Mr: Beaumont, my matter, and
myfelf went together.; the diaance of the Com-
pany's Garden from my mailer's lodgings is about
a quarter of a mile. When we came to the Com-
pany's Garden and had walked about a little
while, I laid down and went to flecp with my head
,on the bag. It was not light, but dune, when we
came to the Company's Garden. There was no-
body but ourfelves when we came. When I
awoke I law Mr. Morgan and Mr. Bremar. Mr.
Beaumbnt and my mailer were then tegtther—
they were all handing dole together. My mailer
bid me get up and go away ; I Went away and
left the bag on the ground ; my mailer told me
when he wanted me he would whittle, for I was
to go to the top of the • Garden which is about a
quarter of a mile long, and then I went out of
their light. I did not fee' any body take up the
bag. After I had been away fome time I beard
the report of a piaci or a gun, and this was in
about tett minutes ; I do not rightly know how
many
_reports I heard, but I think it was mote
than one. I heard a. whiftle'in about a quarter of
an hour after the report of the gun ; on hearing.
the whittle I went back to. the fame fp Or were I
had left the bag, and found Mr. Rea and Mr.
Beaumont, and Mr. Moan end Mr. Bremar,
fame four Gentlemen had left at that place,
and nobody ells ; it was light/then, and it was
light when I went away ; it was about five o'clock,
for I had called my matter at two, and it was
about three when we came to the Company's
garden.
.Pn my return, When I raw thefe four
Gentlemen, Mr. Bremar was leaning on Mr.
Morgan's (boulder, and Mr. Rea defired me to
go and of Mr. Morgan ; Mr. Bremar was (till
leaning' on his Moulder, and appeared to be wound-
ed. He was fupported by* Mr. Mciigan, for he
was not able to hand alone. Mr. Beaumont came
to his ailiftance likewife ; Mr. Bremar was, taken
to a honfe and put tp bed :—it was early in the
morning on Sunday ; when T Caine to the place,
my mailer, Mr. Rea, Paid, " Good Goo ! how un-
fortunate, three (hots for my one !"
Mr. Baron Hormem.—" Do I underhand yott.
to fay, your matter Paid, he had three (hots to My
one ?"

Anfwer. " Yes, he Paid, he had three (hots to my
one." I obierved blood falling from Mr. Bremar ;
it appeared to me there was more, than one or
two things in the bag. When I came back, after
the whittle, the bag was lying on the ground, and
there was. fomething in it tben, and it appeared
to contain the fame things as at fiat ; but it was
not left on the fame fpot. I did not obferve piftols
or , when I came back. Mr. Motherwell, the
was then tent for, to affil! 141 tr.. Bremar.
e bag was then carried away, on board the thip
liindolfaii, and put into my matter's cabip, bu t
cannot tell what it contained. I had carried feveral
things is the bar. for my matter before ; bottles and
other things t the things in the bag were much
atOut the fist of pittols. I took the bag into my
cabin, but I never raw any thing- that:
visa in it 0261- the bag Was taken on fliore on the
• Saturday, by a perfon belonging to the. boat, but
I did not kw* from what part of the fhip it was
bithight s, the bag was taken on (bore before us,
by tbe Cocliffsrain of the Hindoftan. I did not fee
the bag
.with my matter on the over-night. In the
imottirtit was !Ting in a chair in my matter's
bed-tbeinst I did not fee the Cockfwain afterwards
ern (bore. In the forenoon of Sunday. Mr. Bre.
mar died, and he virus buried on the Tuefday.
w*s not prefent when Mr. Bremar's clothes were
taken off but I taw his lhirt, Which was Rained
with blood. , Mr. Bremar teemed to be in great
rdis, but he Paid nothing—l heard him groan.
Mr. Serjeant Bear raid, he had no quettions to
al of this Witnefs.
Mattliew Mother well ( eta Mined by Mr. j I Rifts).
411 ant Surgeon of his Majelly's Ship Jupiter.
wti,
.in March UR, at the Cak of Good Hope. I
arrps called to the affittarice of Mr. Bremar, I think
about the 14th. A man of the name of Simpfon,
(the latt Withers) came for me.. He came, I
think. a little after gve o'clock. When we came
to dfiftance of gr. breMar, I found Min in

the ,
the Company's Garden, in a little houfe there, by
the fide of the wall, which is by one of the walks:
lb the iarden. The family belonging to the houfe
were with him before I came, but I-do not recol:
lea that I found any boay elre with him.—He
was leaning on the bed, and complained to me of
hiving received a wound.. I anted him to (hew
me the wound, but he was unable to dolt) : I took
his ClOthei off myfelf and examined the Rate of
hid wound—it Was m his right groin ;is appeared
to the to be the, wound of a ball of a piflol or a
gun,, or mailiet, but Ido not know which. He
appeared to me to 1):e in imminent danger, but at
that time he was able to fpeak, And feemed to be
aPPreheOfive of his chroglr.lie diced me what
rthOught of the woriricill told him it was a very
bad one, kut had hopes of his recovery : I did
not tell him the real danger he was in.—ln the
!Minting I Went to him again, and attended him
about three hours, as well as on the former day ;
he died abiiut half pail eleven on the fecond day.
After his deaih, I, with the affiitance of others,
diffetted,his bold, , fo I am able to fpeak with cer-
titihtY as to the caufe of. His death.—l found the
ball was in the Midden Leonid trace the ball
frbin the orifice of the wound, which I am certain
• stiis the caufe of his death, and hae not the kart
doT 'lead."
T Paid, he had no queßions to

,ce for the Profecution clofed.
N 414 alked the Manors if either
fay any thing foiliimfelf.
fad, they left tEeii cafe entirely to

dreeafed, as well as the Second of the fnrvivor id
tfie Duel, their Lordfhips would not be difpofed
to extend it in' his cafe; and as there was no evi-
dence before the Court who the Second of the de-
ceafed was, it might be one of the two as well as
the other, therefore a man might be convilied on
whom the law did not attach the crime, and who
was'therefore innocent, a thin' which could not
be thought of; and therefore, he fubmitted, that
neither of the two Seconds ought to be put upon
his defence.

Mr. GURNEY argued the fame point.
The ATTORNEY Girl FRAL anfwered this objec-
tion molt ably; and amongft other things obferved,
that although he deferred to the great authority
of my Lord Hale, who, after all, only doubted
whether the Second of the deceafed could be guilty
of Murder, yet that learned Judge Paid, that others
were of a contrary opinion ; and the Attorney
General added, that although he deferred to the
authority of my Lot d Hale, yet he was really of
opinion there was no difference between the fur.
vi vor's Second and that of the deceafed; for their
purpofe originally was the fame—that purpofe was
illegal—and that purpofe in its purfuit produced
death—and that he held to be murder. He illuf-
trated this doetrine by quoting a cafe well known
in the profeflion, in which a man had an intention
of killing a game cock, and fired at it, but hap-
pened to kill a man. This was held to be Murder:
for the purpofe being illegal,and death of a human
being having happened in purfuit of that purpofe,
it was Murder. He was proceeding to illultrate
this point (till further, when
Mr. Baron HorHAM having conferred with Mr.
juftiEC LE-BLANC and Mr. Baron CHAMBRE, the
other Judges in the Commiffion, faid, the Attor-
•ney General need not give himfelf any further
• trouble on this fubjeCt. His Lordfhip I ath
very clearly of opinion, and well fatisfied, that if
it were not for the opinion of my Lord Hale, no
doubt would have been entertained' upon this tub-
jeft ; for I confers I am, and the reft of the Court
are, molt clearly of opinion ; we do not, we can-
not entertain a doubt on the Law, and that is,
that they are all-equally guilty Ln.this cafe ; but
my Lord Hale has etprelied a doubt upon it. My
Lord Hale's name is very high in the Law, and
very defeivedly fo in the world ; and therefore, if
my brother Belt and Mr. Gurney defire to make
the point in the event of a convidtion, we will fave
it for the opinion of all the Judges. We cannot
deny it, out of refpeft for the authority of Cogrear
a name as that of my Lord Hale ; but really, as
far as any opinion of my own can go, no hop? can
be entertained that it can ever terminate a fa-
vour of this obleCtion. On the other points; the
cafe (hall go to the jury ; for I think it is pretty
clear whole parties the Seconds were upon this oc-
tafion ; indeed, there are circumftances which I
think make it impable to doubt who the Seconds
were for."

The Prifoners' Counfel then proceeded to call
evidence to their Clients' charaCter ; and to befure
no better was ever given to men in a Court of Juf-d
tice, for it appeared, not only that they were good
Officers in the fervice,.but alto humane men in pri-
vete, fo averfe from quarrelfome, that in many
inilances, Come of them had adually interfered and
prevented duels, which, but for their friendly
offices, would have been fought. The Gentlemen
whore teflimony went to this effeet, were Lieut.
Wiliram Minchin, Lieut. Barnet, Lieut. Simmouds,
Lieut. Shaw Lieut: Lilef, Capt. WAR.), Mr.
BCrnard, Lieut. Tucker, Mr. Bufliell, Lieut.
Clark; Capt. Wilbraham, the Hon. Capt. Hervey,
Lieut. Young, Lieut. Hester, and Mr. Marden,
who had known one or other of the Prifoners in-
timately, having ferved with them from the year
1796, &c.
Mr. Baron Hovitast then proceeded to rum up
the evidence, and obferve upon the cafe to the Jury,
to whom he fpoke nearly as follows :—" Gentle-
men of the Jury, the three prifoners at the Bar,
Henry Rea, J.G. Beaumont, and J.Morgan, (land
indicted before you for the wilful murder of John
Breniar. You have heard enough from the evidence
to perceive that the prifoner, Henry Rea Rands
charged with being the principal, and the other two
as feconds in a duel in which John Bremar loft his
life. I have no difficulty in liming to you, that
what I have to fay on the law will •be very Ilion,
becaufe I agree in the flatement made by the At-
torney General upon that fubjeCt, the fubßance of
which is, that if any three or four perfons meet
together for the purpofe of determining a differ-
ence by fighting, and in the purfuit of that pur-
pofe death enfues, I am of opinion, clearly, dif-
daily, and decidedly, it is Murder in all who are
preterit, and who, either by their own aCts, or by
their prefence, encouraged or countenanced fuch
a purpofe. I allow, however, that upon 'Come
cafes, evidence may appear which may admit of
important differences between the fituation of
principal and fecond ; very important difcrimina-
tion may in Come cafes be made as to the fags, but
in point of law I am-thoroughly fatisfied it makes
no difference whether the party concerned in the
a& be a principal or a fecond, for if they be to..
gether, and the purpofe be unlawful, and they
are aiding and affiaing, orcountenancing the ad,
and death enfues, they are all guilty of murder.
I agree, therefore, in the ftatement of the Attor-
ney General as to th. law upon that fubjeCt.—
w
by
wwaassaliakteewd
itreo
you
teh e other
fame Learnedpartod eGo Gentleman, lwe mh iacni
rally Rated, which was, that if you (hould be of
opinion that upon the whole of the evidence thefe
prifoners could only be found guilty of Mini:laugh-
ter, if you were trying them under any other au-
thority than this,Commiffion, it will be your duty
to acquit them, becaufe under this Commiflion
there Is no authority for taking notice of Man:
(laughter; fo that in a word, you mull either find
the prifoners guilty of wilful murder; or acquit
them. The evidence which I have to (late to you
is extremely and. I think very diftind as far
as it extends ; and which I will, now recapitulate
to you."—CHere the Learned go* road de whole of
tie racial to tie jury.)—He then proceeded .viith
this oblervations, raying. it w c ' at Mr.

Ville Material to be cnttlidered. Efe 'theta' ire es' zi
mitted to the Jury, that there yould be no difh-
culty in finding out who was th(fecond of the de-
ceafefl. " This, Gentlemen," 'laid the Learned
Judge, "is the evidence which has been produced ,
to you in fupport of this profecutioh, and it is my
duty to Rate to you what occurs to tne upon it.—
Certainly, as far as it goes, it is important, for it
leaves no doubt that the ball• found by the fur-
geon was the canfe of this poor gentleman's death ;
and it is impoflible to doubt that the ball was fired
by the principal in the duel, and that was the pri-
toner Mr. Rea. There are, however, feveral
c um fiances which might have been laid before yOu,
which it is defirah!e you should know, for they are
very important, and Should be Hated to you ; for
although you may go along with the Attorney-
General, and with myfelf, upefi the • la** of the
queftion, namely, that the purpofe being unlaw
ful for which all the parties met, and death having
enfued by an at done in purfuit of that purpofe,
yet if there are.other circomftances undifclofed to
you, relating to fads which are undifclofed, and
which if difcinfed to you might have altered the
complexion of the cafe, you will panic before you
pronounce the prifoners guilty—what I mean is
this ; you have none of the circumflances related
to you of the original caufe of the quarrel ; how
it happened, when it happened, where it happeneds
what provocation led to it, why it -was continued,
what led to the provocation—not one of thefe falls
have you in proof before you : and, give the leave
to fay, they are all very important farts for you to
know, and might have been material to the pri-
loners' defence—of all which you are left totally
in the dark. If thefe fats were all before you,
and how the deCeafed conducted himfelf juft be-
fore, and at the time of the duel, it is poflible, you
fbould be of opinion that the cafe would amount
to no more than manflaughter, and if fie, the pri-
foners in this cafe, for the reafon aligned already,
Should be acquitted on this occafion. Important
parts-of this unhappy tranfaaion remained undif-
clofed to you. Out of what the quarrel arofe, of
what length of time it was Banding, who was the
original aggreffor ? Why it was not made up? Whe-
ther any or all of thefe gentlemen at the bar took
any, or what pains to reconcile the difference ?
Whether it was or was not carried to,that unhap-
py length by the perfeverance or wrongheadednefs
of the deceafed himfelf? All thefe are points,.and
important points, undifclofed to us. I do not im-
pute any wrong headednefs to the deceafed, or any
improper perfeverance of temper ; but what I fay
is, that we are left in the dark upon thefe things,
and for any thing that appears from the evidence,
thefe unfortunate gentlemen.at the Bar may have
met a provocation at the infant of the duel, of
inch a nature as that they mull be fomething either
more or lefs than men, if they had put up with
it. I do not fay it was fo, but I fay that it might
be fo,confiftently with all the evidence which has
been laid before you. Thefe are conficlerations
which are for you to difpofe of, and to fay if they.
were made out in the way muff favourable to the
prifoners, whether you would then think they
were only guilty of manflaughter? If you think
that would be the refult if the facts were difclofed
to you, you fhould find the prifoners not guilty ;
for I am confident that in fuch a cafe, 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 unfortunate
dilemma, to guefs what the real circumftances of
the tranfaaion are, for the evidence only thews a
part of them ; and therefore your verdict mull be
a verdict that will give you pain, inafmuch as you
have not that before you which your confciences
tell you you, ought to have ; for you know you
ought to have heard the whole Rory, and no part
of it Mould have been kept back from you ; this
you will confider a great deal before you find the
prifoners guilty : their lives are at flake, and in
your hands ; it is for you to fay whether they (hall
be forfeited to the law—whether you will venture
in the dark to pronounce them guilty ? The cafe
is with you : it is an unfortunate cafe. It is im•
poflible to confider it in any other right than a cafe
of death by means of a duel. There is, however,
no evidence of any particular malice againft the
deceafed ; and it might poffibly • have happened
merely by the violence of the deceafed himfelf."
The learned Judge then recited all the evidence
which was given for the defendants by way of
character, and obferved, that if there was any
doubt about the Court, the charaaer, efpecially
fo excellent a one, Should turn the fcale to mercy.
The Jury retired, and remained out of Court
for a few minutes, and brought in a Verdia of
all—Not Guilty.
Fifteen other prifoners were tried at the Old-
Bailey, one of whom was capitally convicted, viz.
G. Steward, for Reeling a piece of dimity, value
403. and upwards, the property of T. Whiner and
W. Bramridge, in their dwelling-houfe.
Seven were convicted of felony, viz. 7. Morris,
for (haling a linen Shirt and other articles, the
property of Elizabeth Shadrach ; IV. Sliding and
R. Tone, for Ilealing four linen Shirts and other
articles the property of W. Botterell 7 Franks,
for Stealing a kit of pickled falmon, the property
of W. Old ; Ileac Blain, for dealing a pocket
handkerchief, the property of Richard Brown ;
Mites, for haling ten yards of printed cotton,
the property of E. Gibfon ; and D. "'ones, for
ftealing an iron bar, value 6s. the property of R.
Underwohd. And feven were acquitted.
ems Acr, which took place on Sept.
t BMD
oli.—A of the value sby thev neweof
4s
aa.
am a
of Parliament
asmc 9s. i i d
ntevery
Medicine .
s 5 bottles o. b6 ldi g.oetfdh
set
therefore,
haveftos
rße a
u, ty: Stamp
snul
otp of s
is
tmi
muff
vbbauerruthe,e
advancedntthe
m Small
e attlool
fuch people whole complaint renders it ntceirary
for them to take more than one bottle, the proprie-
torsnvetityprocuredtwoaa ntieiewi.mboatitileo,nae hi
the
con
pricet a i nnsf
th e
quaawhich will not exceed gs and with is. Ramp make
it los. the bottle, thq tame as two fmall bottles al-
ways were ; of courfe, will faVe is. a
l .0
...will in future be s.—N. B.Ths the
e o
Small
for fuclras do

ittiqvut urre.
John Gillatt, Joseph Hawklwr,rth, and William Ciliate, now
or late of Sheffield, Yorkfhlre, common brewers and
tiers, to furrender October 8,9, and Nov. a, at elev.n, ~t the
Tontine Inn, Sheffield. Anomie., Mr. Iffgg, Hatton.prdo,
London ; or Mr. Rodgers. Sheffield.
James Lowe, late of Little Bolton, Lancailtire, butcher, ,letter
and ehapmarii Odlober r, 6, end Nov. a, at run, at the
Bin, Bolton in the Moors. Attorney, Mr. Kaye, Boi
Moors.
William Palmer, of Brißol, victualler, dealer and chapr,,,,,
Sept. 24, 30, and Nov. 2, at ten, at the London lon end Tai.
bot Tavern, BriftoL Attornies, AlL:rrs.E:andlord an 4
Inner Temple, Loudon ; or Charles Mellin, All-Saints-1 -
BriftoL

James Powell, late of Ville's-Arco, Strznd, MiddlKet. tou.; •
chant, Sept. 25, October 2, and Nov.:, at ten, at Gui!LikalL
Attorney, Mr. Weft, Clement's-Inn, Londoa.

SEQUESTRATIONS, &c. IN SCOTI.AND.
M'C'-ulloch and M' Pyre, fhuenialicrs, Glaff,ow.—Creclitnri
meet in Black Buh inn there, 24th ontf
to name interim fA4l.ur, fame place and hour 22d o&) bt
.
to deka truftee.

CrAlitors of Willi an Knowles and Dune;n Reid,cactle
Aberdeei, to fcc nate of affairs in hands of juju \l';.l(6:i
truftee.-.-INo d.vidcnd.

BANKRUPT IN IRELAND.
Jo'm Andrews, of Dublin, timber merchant, to Curreader on
the 17th and 28thinItant, and 2Sth o,:tober.

BIRTHS.

The Lady of John Lernniffon, Ely. M. P. of OlEngton, ,;
daughter, at his houfe iu Harierftreet.
The Lady of And, e A Nizon, Efq. of Trinity Colleg, Do.
lin, of a fon.

doubt upon that he
Mi. Serjeant Bt s
ailc of this Witnefs.
Lik
Here the Evid_eni
ME. Baron HOT H
of them wifbed to i
One of tbm laid
th • °mitred.