Star.
London, England, 1801-03-10 00:00:00

!U

T. .C,nh7dn, or the 20th regiment or font, ft:
the kvi:.Ol murder of J. Gratti4.yr, in a duel at
POrtl h1.111:h in Is:nye:l:her laic, wno wat going out
at a v:l.let in t:le !hip with I:le I)f:l:nler—it appear-
ed in yvikkuce, that alwitt the 27th of Of obey lad
tiy-I:rilimer and the derealed hid a violent Aviar-
y:4 the deceati.d abided the prifoner very
calling hint coward le vend times, tauntingly
t.f:;it,., him of his country, ( irelud), and at length
brought two (words to t;: ht, although at that time
ib.. prifoner was lo ill with the rheamatifm, that
h c ,:!!.1 not get up the fide of the lii without af-
tifi we. The (words, by .the timely and fpirited
intei f..rence of the Captain, were taken away, and,
itn pidols being mentioned, the Captain alio lock-
ed up the powder and ball, (it having. been the
culant of the deceald to tire with his pitlols at a
mark, for anntfernent, and having at that time fix
bullets with a fullicient quantity of powder in his
dretilug cafe). After much altercation on both
fides, this quarrel was amicably fettled, and they
continued fiends till the sth of November follow-
ing, frequently breakfailing, dining and flipping
together. in the evening of that day, they went
on board together, and the waterman demanding
his fare from the prifoner, the deceafed defired
him not to pay, as it was his boat. The water-
man fill infifling on his fare, the prifoner became
very angry, during which be told the deceafed,
that he fuppofed he had fent the waterman to do
as he did, which brought on the old difpute. Af-
ter quarrelling very much, the deceafed ordered
his boat, and- left tl:e fhip, telling the prifoncr
where to find him in the morning.

The prifoner went in the morning according to
appointment, and after fome little time, during
which the prifoner had the piflols examined, they
met in a narrow paffage at the Blue Polls Inn;
they had no regular feconds, but two men who
happened to be there by accident, one an officer's
fervant in the twentieth regiment, and the other a
failor. The prifoner, by defire of the deceafed,
gave the word to fire ; the deceafed fired and
milled, but the prifoncr's piftol Rallied in the pan.
The deceafed walked up to the prifoner and de-
fired him to take his piflol, which he refufed, and
after clearing the touch-hole of his own piflol
with a pin, he re•primed, and the deceafed taking
his ground, he fired. The prifoner Paid as he fired,
" here goes for the honour of the two tens," (al-
luding to the twentieth having two tens on the but-
ton) when the deceafed unfortunately fell. The
prifoner defired the men prefent to aflift him, at
the fame time going himfelf, and raying, " I
hope you are not hurt my dear fellow; recoiled
you brought it on yourfelf." The deceafed died
in about four days in confequence of the wound.
The prifoner gave in a defence written very in-
genionfly, Dating that his feelings were fuch that
he could not fay any thing in his defence; that if
he had not fought he fhould have been branded
as a ei ward, and obliged to leave the regiment ;
and that ne delayed it as long as he poffibly
could. He then thanked the Court for their indul-
gence, and relied his fate entirely on the verdid
of the Jury.

The learned Judge then (unlined up the evi-
dence in the molt impartial manner, Rating the
law to be, that, (making allowance for the infir-
mities of nature) if two people quarrel, and in
the height of anger fought, and either fell, the
crime was only manflaughter; but if they coolly
met in confequence of any challenge, it was, ac-
cording to the mull lenient confirttElion of the law,
wilful murder. The Jury retired about half an
hour, and returned a verdi& of Manilaughter, to
the great fatisfaElion of a very crowded Court.—
The prifoner was then fentenced to fix months im-
prifonment, and to pay a fine of is.
Cslone] and Major Stapleton were both ex-
amined in behalfof their brother; the latter buit-
ing into tears, affected, for a fhort time, Mr.
Stapleton. He, however, loon refumed his calm
and collefted !late of mind, and conduEted himfelf
with a firm refignation to whatever might be his
fate, and behaved with the greateft refped to the
Court.