Star.
London, England, 1826-09-27 00:00:00

BROADSTAIRS, SEPTEMBER 26.

I am extremely sorry to see your Paper (which I
have read for many years), made the vehicle of con-
veying intelligence to the public, by no means correct,
relative to this favourite resort. Rest assured, that so far
fiom its being the fact,-64 That there is not a house to
be procured here at present," that there are several,
some of which are of the largest description, in the most
favourite parts, unoccupied.
Friday evening there was a ball here, which boasted
as brilliant and elegant an assemblage as has been
witnessed during the season. The company began to
assemble about ten o'clock, and quadrilles, under the
direction of the Master of the Ceremonies, with
Wieppart's band commenced very soon after. Dancing
was kept up till past two o'clock, when the company
separated for the night, highly gratified with their even-
ing's entertainment. Amongst the company were—
Lord Teynham and his two daughters; the Hon. Miss Comm;
General Newbury; Major and Mrs. Plenderleath; Major and
Miss Hooke ; Captain Mrs. and Miss Cotton; Captain, Mrs. and
Misa.Hayman • Captain Maynard. R.N. Mr. Mrs. and the Miss
Maynard's •' R:tv. Mr. Mrs. and the Miss Du Chair's; Rev. Mr.
Salisbury; Mr. and the Miss Tricotheek's; Mr. and the Miss
Reeding; Mrs. Forsyth; Mr. and Mrs. Fl Chandlers; Mrs. and
the Miss Rotheray's ; Misses Edmonstone t Martin ; Maxwell;
Coverdale's, Ikc.
New York Papers to the 16th tilt. reached us last
night. They contain no news of public interest.
By the Lady East, TALaaRT, arrived off Portsmouth,
.ve have received Bombay Papers to the Bth April, but
their contents are of little interest. The Bengal news
contained in them has been anticipated by the arrivalof
the Resource.

The trade of Birmingham participates in the general
improvement taking place in other manufacturing din.
tricts and the orders for goods are increasing in number
and extent.

A meeting of Hop-planters was held at the Bull Inn,
Maidstone, on Thursday last, for the purpose of consi-
dering some plan for giving to growers of Hops, a fair
remuneration for his capital, labour, and risk. Nothing
decisive took place; but a suggestion made by Mr.
C. T. RussaLL, appeared to meet with general approval.
It was, that application should be made in the proper
quarter for permission to Bond Hops in the town of
Maidstone for a certain period.
Friday, the ancient village of Athelstonford, near
Haddington in North Britain, was the scene of joy and
festivity, on account of Sir DAVID Kitatocts's return tp
Scotland, and particularly on account of his coming of
age on that day. At one o'clock upwards of three hun•
dred of the villagers and tenantry on the estate arrived
at the mansion-house of Gilmerton, led on by a High-
land piper, in his full dress, and partook of an excellent
dinner of roast beef, ale, and whiskey. After giving
nine cheers for the prosperity of the young Laird, the
bonny Scotch lads and lasses continued dancing on the
lawn till a late hour. At night there was a bonfire on
Kildnff•hill; the village of Athelstonford was brilliantly
illuminated ; and the festivities at the mansion-house
were kept up till six o'clock the following morning.
DOVER. SEPT. 26.—8 y recent accounts from Ostend,
we learn that from the strict investigation pursued, it
has been elicited almost to certainty, that a serjeant
who was stationed as one of the guards of the magazine,
was the individual who introduced fire on the premises
which caused the explosion. It is stated that he reported
to the Lieutenant in attendance that he smelt fire, and
was very solicitous for his leaving the premises; after
strong persuasion he prevailed, and the cooper seeing
the parties retiring in haste, suspected something wrong,
and left also; he had not proceeded far before the
catastrophe occurred, which drove him a considerable
distance' without much injury. The serjeant was killed,
and the Lieutenant mortally wounded. It appears the
Government had suspicion of a considerable embezzle.
ment of stores, and having caused an examination of
the quantity, the peculators had taken this diabolical
means of preventing detection.
OSTEND, SEPT. 22.—1 n addition to the horrid de-
tails of the 19th inst. contained in my letter of yester-
day's date, I have now to acquaint you, that the ami-
able wife of Chevalier Da Bossy, accompanied by her
two daughters (accomplished ladies of about 18 and
19 years of age), were driving in their cabriolet within
half a mile of the arsenal, at the moment of the explo-
sion, when Madame Bossuz was violently struck on
the right temple with a large piece of timber, supposed
to be part of the ruins of the powder magazine, and
killed instantaneously. The noise of the explosion set
off the horse, a fine spirited animal, at full speed down
the bill of Fermoy. Dragging the vehicle against a
heap of rubbish by the road side, the two Ladies were
ieshed out with considerable violence, and the foot-
man, who was riding behind, was thrown under the
wheel of a diligence passing at the time, by which be
had both his legs broken, and was otherwise consider-
ably injured. On the Ladies being taken up, in the
youngest, life was found entirely extinct, and the arm
of the other was broken in two places, besides being
dreadfully bruised, particularly about the head, so an
to render her recovery extremely doubtful.

FATAL DUEL AT KIRKCALDY.

CIRCUIT COURT OF JUSTICIARY; Piaui, Sat. 22.

This trial having excited the greatest possible into
rest, the Court was crowded at a very early hour, and
they considered themselves fortunate who could gain an
admission upon any terms.
Tie Court having met,—Hon. Lord Gillies on the
Bench,—the case of his Majesty's Advocate against
David Landale, merchant in Kirkcaldy, was called.,
Mr. Landale, who was at large since the unfortunate
rencontre, appeared and took his place at the bar, sup-
ported by Provost Hadden, of Aberdeen, Mr. Molly-
penny, of the Customs, and Messrs. Spears, sen. and
jun. of Kirkcaldy. The criminal letters were then read,
charging the said D. Landale with the crime of mur-
der, in so far as he did on the 2'2d of August last, wick- ,
edly and maliciously challenge George Morgan, jun.
then agent for the Bank of Scotland, in Kirkcaldy; and
on the 2.3 d of same, on the farm of Cardenbarns, parish
of Auchterderran, and county of Fife, wickedly and ma-
liciously discharge at the said George Morgan, a pistol
loaded with ball, whereby the said George Morgan was
mortally wounded. Mr. Landale pleaded Not Guilty.
Mr. H. COCKBURN, for the prisoner said, that al-
though he admitted the relevancy of the indictment, he
considered it to be his duty to state that it WAS not cal-
culated to put the Jury in possession of the whole facts
of the case, which it was necessary they should be more
particularly acquainted with, to enable them to give a
proper verdict. Mr. Landale, the panel, wasa merchant
in Kirkcaldy, where his reputation as a mercantile man
was of the first description t and this was of most ma-
terial importance to the decision of the case. Of this the
most satisfactory evidence would be found, were it ne-
cessary to prove it, in the very letters of the deceased.
He (Mr. Morgan), on whose ashes he would tread as
lightly as possible, was agent for the Bank of Scotland
in Kit kcaldy, and, as such, he need not say it was his
duty to preserve inviolable secresy with regard to all
matters intrusted to him. Such was the situation held by
the man now no more, when he committed that error
which led to the melancholy catastrophe of which they
were now to judge. How did Mr. Morgan conduct
himself towards the prisoner ? Did he not disclose the
panel's most private transactions, and that in a manner
that it shook his credit with all?—even his olde,t friends
were affected by it, and in some instances withdrew
their countenance. Under these circumstances, Mr.
Landale wrote to the Bank, complaing of that conduct.
The Bank, whether rightly or not he would not pretend
to say, communicated that letter to Mr. Morgan, who,
as agent for the Bank only had been complained of,
wrote a letter, accusing the prisoner of " falsehood and
calumny." This letter was couched in language
seemingly framed for the very purpose of provoking a
duel, and to prevent misconception he signed it, not as
agent for the Bank, but " George Morgan, Lieutenant,
half pay 77th Foot." Se►eral other notes passed between
the parties, and the result of all was an attempt, s hich
succeeded but too well, on the part of the deceased, to
compel the.ptisoner to send a challenge. This vias done
deliberately, for he took advice, he having been informed
that the challenger, on trial, was certain of banishment,
therefore he (Mr. Morgan) must maaage to get the pri-
soner to give the challenge: This advice he followed,
and caused it to be circulated that be intended to insult
Mr. Lar.dale in the street. Being aware of what would
follow, he Rut his pistols in order, and cast balls, and
this too before any meeting took place or challenge was
given. In a few days the deceased did meet Mr. Lan-
dale, and made his threat good, for, without warning,
or immediate provocation, he struck the prisoner. A
challenge followed ; it could not then be avoided. But
the moderation and good temper of the prisoner did not
even here leave him ; for prior to the meeting, on the
way to the field, when placed in that situation where a
man's conduct is most liable to misconstruction, he had
still courage, and it required courage, to say that he
would accept of an apology. But that offer was de-
clined by the deceased, not by his second for him, but
by the man who struck the prisoner for the purpose of
provoking a duel. No alternative remained ; the parties
met, they fired, and Mr. Morgan ceased to live. Such
were the facts of the case, such had been the conduct of
the prisoner, and upon that conduct they were now called
upon to judge.
Special defences were given in for Mr. Landale to the following
effect

The defender admits generally that he had a quarrel
with Mr. George Morgan, the result of which be sin-
cerely laments; but Mr. Morgan brought that quarrel,
and all its consequences, upon himself. He was the
Agent of the Bank with which the defender had for a
long course of years transacted his most confidential
business, and was bound, especially in a period of mer-
cantile alarm, to preserve the most scrupulous secresy
with respect to the circumstances and credit of an em-
ployer who trusted to his honour. But instead of this,
being of a rash and quarrelsome habit, he not only spoke
of the defender's affairs to strangers, but attempted to
ruin his credit by statements and insinuations which he
was not called upon to make, and which he knew, or
ought to have known, were utterly groundless. Oa
discovering this, the defender wrote to his constituents
in terms which he conceived, and still humbly con-
ceives, were fully warranted by the facts. Upon this,'
Mr. Morgan formed the deliberate determination, con-1
trary to the advice of his friends, to assault the de-
fender ; and, after a pause which was more than suffi-
cient to shew him the atrocity of that proceeding, and
to set its necessary consequences fully before him, he
carried this resolution into effect, by striking his ad-
versary on the public street. This left the defender
no course but one to follow; but to the very last he was
always willing to accept of an apology, which was
going further towards a reconciliation than most men
an the defender's situation would have thought proper
or safe. Even this very moderate satisfaction, however,
was refused; after which, if Mr. Morgan fell by the
bands of the defender, this was a catastrophe for which
be had himself alone to blame.

•
The following witnesses were then called
Mr. William Millie, mabufacturer in Patb-head.—l
know the prisoner; I knew Mr. Morgan; I received a
letter from the prisoner on the 22d of August, contain-
it% a challenge: it was in these words-64 Mr. Morgan
has just now struck me with his umbrella, in passing
Mr. Cumming's shop. I merely called him a cowardly
rascal, and left him There is no alternative left me bat
to challenge him, which I have long made tip my mind
to, and enclose one that you may deliver immediately
with all secmy for my honour." I went to Kirkcaldy
and delivered the challenge to Mr. Morgan; he said,
Ge Certainly, by all means." Mr. Morgan said, there
need be no delay, as his pistols were provided and ready.
He (Mr. Morgan) took them from under a table and
placed them before me. The same evening Lieutenant
Milne called on me; he came on the part of Mr. Mot-

gan, requesting a meeting in the evening, to which I
preed, and met him accordingly. Some discussion took
ace as to the place of meeting, inconsequence of which
I left Milne underithe convictiop that the parties would
meet at the time and place stated. I then went to Mr.
Landale and arranged for the meeting. I called on Mr.
Landale next morning at balf-past five. A carriage
was in the neighbourhood, into which Mr. Landale,
Mr. Smith, a surgeon, and I entered; we then proceeded
to Vie place of meeting, where were Mr. Morgan and
Lieutenant Milne. Having got into the field, I asked
Lieutenant Milne if he had any communication to make
by way of apology ;.Mr. Morgan hearing this, called
opt, " No apology ;" so far as 1 heard, Mr. Landale did
not use similar expressions. The parties then took their
ground. Just as they had taken it, Dr. Johnson came
running from the wood, and begged them to stop. I
explained the matter, and he retired. The pistols were
then given to the principals, and I explained that the
word was to be, a Gentlemen, are you ready ? Fire!"
—At the word " Fire," the parties were to raise their
pistols. The word was then given. Mr. Morgan raised
his pistol at the word " ready ; I called out " Mr. Mor-
gan, that is not fair•-•:-drop your pistol till the word
fire' is given." Mr. Morgan lowered his pistol ; the
word being again given, both raised their pistols toge-
ther, and fired so exactly together, that I was not con-
scious of hearing two s'icrs. Mr. Morgan, on receiving
Mr. Landale's shot, did not fall immediately. He stood
some seconds, then fell, and died instantly. The panel
and I immediately quitted the ground.
Cron-examined by Mr. „keener—l am aware that Mr. Landale
received intimation, four or five days before, that he would be struck
by Mr. Morgan. Mr. Landale told me that if so, he could not
Mild challenging Mr. Morgan. Whrn on my way to meet Milne
fit the evening, I called on Mr. Landale, and informed him of what
had passed with Mr. Milne in the forenoon ; Mr. Landale audio-
! rimed me to receive a written apology; but Mr. Milne said that Mr.
Morgan would make no apology; but on his way to the ground I
observed that I meant to ask Lieutenant Milne whether be had
authority to make an apology? Mr. Landale acceded to this, and
said that a verbal apology on the field would do, if Mr. Morgan
would cOmMit it to writing afterwards, u that all he wished was
satisfaction for the injury received.
Lieut. Milne' R.N.—I was acquainted with the late
Mr. Morgan. At four o'clock, on the 22d of August,
he came to me in a post.chaise. Mr. Morgan said he
had a quarrel with the prisoner, and would be glad if
I would arrange the business. It agreed to go : when
on the road, Mr. Morgan explained the circumstances,
but diJ not mention till we reached Kirkcaldy that he
had struck the prisoner; on this I had great objections
to be Mr. Morgan's second, and expressed my disap-
probation of his conduct ; Mr. Morgan intreated me,
as a brother Officer, and I agreed, in hope of getting
I matters amicably arranged ; proposed to Mr. Morgan
to make an apology conditionally, but that he refused.
Mr. Morgan desired me to go to Mr. Millie ; I went ;
Mr. Millie seemed anxious to have the matter made up.
As I had got into the business so hurriedly, I had no
time to consider of it, and therefore requested Mr.
Millie to call in the evening; he did so. I then pro-
posed that, " on the supposition the parties were
equally wrong, the parties should meet half-way, and
shake hands." This was declined. Next morning the
pasties met on the ground, at twelve paces, and they
were each supplied with a pistol. He then asked if they
were ready ? to which both said " Yes." He then called
cot deliberately, "present—fire." They both fired, and
the report of their pistols appeared like the report of
one. The moment after, he heard a kind of groan, and,
looking round to Mr. Morgan, (his eye had been pre-
viously fixed on Mr. Landale), found he had fallen. He
concluded immediately that his friend was killed, and,
going up, found his fears were realised.
Examined by Mr. Jarrazr—Mr. Landale took co aim; every
thing was quite fair.
Mr. James Cumming, bookseller, Kirkcaldy—l am
acquainted with the parties. The day before the duel,
Mr. Morgan came into my shop, and after a little con-
versation, Mr. Landale passed the door ; Mr. Morgan
immediately went out and struck Mr. Landale a
blow over the shoulders with his umbrella, saying—
" Take that, Sir." No quarrelling took place immedi-
ately previous. Mr. Landale came into the shop and
said, "I trust you observed what passed." Mr. Morgan
then popped his head in at the door and said, " By
G—n, Sir, you shall have more of it." Mr. Landale
then went out, and in less than two minutes Mr. Morgan
returned and said, " By G—D, James,l have never told
you of the shocking usage Mr. Landale has given me
and my brother ; but just hear this letter." I replied,
a It is nothing to me what your usage has been ; but
what you have done just now is wrong."
William Todd, blacksmith in Kirkcaldy, was sent for by Mr.
Morgan about a fortnight before the duel, to take a ramrod out of
his pistol; received also orders to make a number of bullets to fit
the pistols. I made 33 bullets for him.
Dr. Johnson saw Mr. Morgan the night before the
duel, and was asked by him to be at Torben next morn-
ing by six; I went, and found the parties there, with
their seconds. I recommended, if possible, to try to
effect an arrangement; this not being done, I retired.
I heard one shot, and my name being called I went up.
and found Morgan on the ground, but alive. A shot
had passed through his body, entering on the right side,
and coming out on the left side.
Dr. Smith, of Kirkcaldy—l accompanied Mr. Landale to the
field. I heard a shot, and saw Morgan fall. He died within a
few seconds. The wound was the cause of death.
Cress-examined—l heard Mr. Landale say he would receive a
verbal apology, if afterwards reduced to writing. Mr. Landale
appeared to have no object but to repair the injury his character
had sustained.—This closed the evidence for the prosecution.
The following witnesses were called for the defence:
Mr. James Fleming merchant and accountant in
Kirkcaldy.—l am well acquainted with Mr. Morgan.
Saw two letters from Morgan to Landale (one of which
he recognized in Court), deceased said he was dissatis-
fied with a letter received from Mr. Landale respecting
some differences about the Bank. He told me, that in
consequence of a second eiosive letter, he should put his
cane across Mr; Landale's shoulders the first time they.
met. He also said that he intended to challenge him,
but was afraid to give the challenge, as he understood
that by law a challenger was liable to transportation—
he would therefore take the other course, that of insult-
ing him. I had once or twice some confidential conver-
sation with Mr. Morgan respecting Mr. Landale, about
a 5,0001. cash account granted by the Bank to Mr.
Landale, and something about a loan of 3,0001. wished
to be raised by Mr. Landale.
Robert Stocks, Esq. of Abden.—l am well acquainted
with Mr. Landale, and have been so for twenty-five
years. I consider him a most orderly and correct Gen-
tleman, and never found him disposed to quarrel. Some
months before the duel, I had a conversation with Mr.
Morgan about a cash credit Mr. Landale had obtained
from the Bank of 5,00 W. Mr. Morgan spoke of Mr.
Landale having attempted to raise other loans, particu-
larly on a bleach-field. This was a voluntary commu-
nication. Mr. Morgan continued to say, a I wish all
may be well with Mr. Landale." This excited suspicions
.in my mind which did not exist before, as to Mr. Lan-

dale's solvency and credip In consequence of this cons.'
munication, I caused I,OOW. to be taken up from Mr.
Landale, which belonged to my brother's family.
Gavin Madden, Rsq. Provost of Aberdeen, had been long ac-
quainted with Mr. Landale, and found him a man of the greatest
probity andionour, of Mild and gentle manners, and most unlikely
to provoke quarrels.
Walter Fergus, Esq. of Stratnore, late Provost of
Kirkcaldy, bad known Mr. Landale from his infancy;
esteemedlhim as a man of strict honour, and every way
a Gentleman. He associated with him all his life, and
scarcely knew his temper ruffled. There had been ru-
mours against Mr. Landale's credit these two or three
months past ; before that it was quite unimpeached.
Mr. Mooypeuny, of the Custom-boase, Kirkcaldy, has had
*union to know Mr. Lands'. as a Gentleman of much mildness
and honourable feeling.
Mr. Bennet, one of the Secretaries of the Bank of Scotland, iden-
tified a letter received from Messrs. Morgan by the Bank of Scot-
land. The letter recommended Mr. Landale as a Gentleman of
undoubted credit and usefulness as a merchant and manufacturer;
considered his business as a desirable object!
Mr. Woos then addressed the Jury for the Crown.
Mr. JEFFREY made an eloquent and elaborate defence
for his client. That the bare fact of taking away life in
a duel constituted murder he would deny. He denied
that it could be law, in so far as it was inconsistent with
the views and opinions of the strictest moralists, with
the law itself, and no less so with the practice of the law.
On the contrary, it was a remedy for injuries for which
law tribunals could afro: dno redress. It was no doubt
a lamentable remedy for those who became its victims,
but it was viewed as a comparatively tight one in the
practice of the law. While tl'e more honorable and refi ,ed
species of feelings exist in the bosom, quarrels and griev-
ances will sometimes nolo, innately ensue, which no law
is calculated to redress, and under which no man could
find existence tolerable. In history we find, that during
the ages of barbarism such feelings gave rise to cruel
feuds and assassinations, and were greatly to be depre-
cated. In our more cultivated and enlightened days it
was seldom, except in cases of peremptory necessity, that
decision of differences by shedding blood was resot ted to;
and then it was conducted generally with such frankness,
openness, and gallantry, as to do away in a great degree
that imputation of malice which is necessary to consti-
tute the positive crime of•murder. The law against it
had been abrogated, in practice at least, and indeed it
was no longer. At one time it might: in the 14th and
15th centuries, from the romantic spirit of chivalry
which prevailed, rencontres of the kind were so frequent
and common, that almost every State in Europe framed
statutes for its suppression. But the practice of duelling
was now remarkably rare. During the reign of his late
Majesty, not more than 200 authenticated duels had
taken place in England, Scotland, and Ireland; for,
these, only from twenty to twenty-three trials had been
instituted, and not one conviction had ensued, except in
a very few instances, in which it evidently appeared
that the practice was abused by making a challenge a
pretext for accomplishing murderous purposes. During
the last 150 years, not one conviction had taken place
in Scotland. Now our blood was not colder, nor our
sense of honour more obtuse, than than that of our neigh-
bours ; but the reason was, that the investigations uni-
formly terminated in the developement of circumstances
rather honourable than otherwise to the survivors.—
They were therefore acquitted. Thus far he had en-
larged as to the practice of the law ; he should again
refer to the subject as it affected morality. He *as
able to adduce the opinion not only of the strictest mo-
ralists, but even of men no less eminent for piety, in
vindication of the practice in a moral point of view.—.
He would enumerate Dr. Johnson, the greatest moralist
of his age, • and equally remarkable for his religious
austerity and strict sense of propriety—Lord Kaimes,
whose authority and reasoning on such subjects could
scarcely be called in question, and who had said that
injuries will be inflicted and sustained which, till human
opinion be altered, no law Can redress ; and in which

the injured party is justified in having recourse to chal-
lenge for reparation to his wounded feelings—Dr. A.
Ferguson, whose conduct uniformly comported with
pure religion and strict moral principle; who was ap-
pointed to the ethical chair, for the purpose of forming
the minds and morals of the young, and rendering
them the ornaments of society. All these distinguished
individuals held the same opinions. The inference of
the murder in such cases was quite irreconcileable alike
with the fundamental and improved principles of law.
An act committed out of necessity, from force, from
intimidation, or under mental aberration, could not be
construed as a crime. Unless the facts could convince
the Jury that the deed was maliciously committed, it
was of no consequence what his Learned Friend oppo-
site might denominate law. Neither was it enough that
theevidence might bear out his individual notions of law,
but it must be such evidence as could satisfy the Jury.
It was ridiculous to say that the law constituted the
crime, and that the fact implied malice; it was evi-
dence of malice only that confirm the fact, and render
it criminal. He had spoken of the paucity of convic-
Itions; and he could assure them, that it was not on
account of the ignorance of Juries, or their disqua-
lifications to discriminate, that this had arisen.
Juries on cases of duelling, in this country, had been
composed of men rather of superior intellect.
• The practice of the law, therefore, notwithstanding the
doctrines of Judges or men of law, had been universally
established by intelligent, discriminating, and consci-
entious men, in opposition to the principle laid down,
that killing in a duel inferred murder, unless accom-
panied by circumstances proving deadly malice. The
Learned Gentleman then quoted several instances, from I
that of Glengarry, in 1798, down to the affair between
Mr. Stuart of Damon, and Sir A. Boswell, in 1822.
In all these cases the survivors were acquitted, and in
most of them by the recommendation of the Judges.
In one of these, the present Lord President had said, " Juries have
formerly exercised their discretion, so may you, and find a similar
verdict, if you see cause from the circumstances." He would call
upon the Jury to give this the weight it was entitled to : this was
not the opinion of a panel's counsel, expressed in a pleading from
the bar, but the recommendation of a Judge from the bench.
Lord GuLtas.—Geutlemen of the Jury,—l shall say
little to you on this occasion, not because I think it an
unimportant case, but because so respectable a Jury as
I now see before me can need little aid front me. I may
say, that nothing I mean at present to address to you is
intended to weaken the effect of 'what you have just
heard from the Counsel for the panel. Here we have
nothing to do with the laws of honour; we have to con-
sult the law of the land only, but that law is a law of
reason, and liberally accommodated to human feelings.
The general rule of the law is, that tilling in a duel is
murder ; but that admits of qualifications, and I con-
sider th_usthe panel at the bar is within the qualified rule
of the IBC You cannot yet have forgotten, Gentlemen
—if you can ever forget it—the opening statement so
powerfully made for the prisoner; and here I am bound
to say, that in no case which ever came under my ob-
servation could less blunt be attached to the survivor in
a duel, than in that of which the facts are now before

you. The character you have heard testified to, by so
many respectable and intelligent Gentlemen this day, is
as high as is possible for man to receive; and I consi-
der that throughout this affair the panel bas acted op to
it. His whole demeanour has been manly, temperate,
and fair. Mr. Landale did not challenge on receiving
the first insulting letter, not thinking the laws of honour
applicable in such a case; but his antagonist thought
differently, and evidently forced on the duel. In all the
four cases mentioned by Mr. Jeffrey, the juries acquitted
the survivors, although in all these the tact of killing
in duel was clearly proved or admitted. The defence
made at each of these cases I think was, that a mali-
cious purpose ought to be clearly proved ; and so it is
laid hire in four different parts of the indictment, but
in no instance has that been substantiated. . You have
clear and undeniable evidence of the reluctance of the
panel to fight,' and that his great and sole object was
the reparation of his honour and character. It has been
said, indeed, that from the fact of killing, the law pre-
sumes malice; ►ut this is a presumption which may be
rebutted by evidence, and of the sulEciencrof that evi.
dente, in that case, you, Gentlemen, must be the jade'.
The great provocation endured was another alleviating
point.'., The insult_snstainecl led to the contempt and
scorn of the world ; the provocation was permanent and
continuous; and the wound thereby caused, the lapse
of time would only at.gtnent and render more intolera-
ble. I will not trouble you fat tber than to say, that in
all the cases quoted, if the Jut ies were just and reason-
Able in acquitting the prisoners, I do not see how the
panel at this bir can justly and reasonably be condemned. Gentle-
' mar, this is all I base to say. If you think this case falls under the
general rule, you may convict ; if you think it falls under the milder
construction adopted by former Juries, you will return a verdict of
not guilty.
The Jury, without retiring, immediately and unanltn6usly found
the panel Not Gnilly.
His Lordship congratulated Mr. Landale on the result of the
trial, and expressed much pleasure in the duty which now devolved
upon him, of dismissing him front the bar with a character so Ito-
, 'numbly and unsullied.